Smitli-Follanl Trial
(Continued from Pape 1.)
told ner that Sam Pollard had shot
him to death without giving him any
show and tliat It was a cowardly
trick. Mrs. Smith further testified
that her husband was not intoricated
on the night of the shooting.
The clothes worn by Smith the night
of the tragedy were brought into cour
identiled by Mrs. Smith and turned
over to the jury.
The counsel for the defense did not
cross examine Mrs. T. H. Smith.
Col. Albion Dunn of the prosecu
tion announced hat they bad one
more witness to place on the stand
but owning to thee death of a relative
(bat he could not be present this af
ternoon and requested that they be
allowed to call him as soon as he
could be present.
With this the prosecution rested its
«'ase and the witness for the defense
were called as sworn.
The First witness for the defense
l)r. I). R. Tayloe. of the VVashingtor.
liuspital, Washington, N'. C.. wlio te.i
lifted. That T- H, Smith arrived at
his hospital between 4 and 5 o’clock.
Sunday morning January 18th. That
when Smith reached hospital he wa4
in a conscious and rational state.
That examined and found that he had
" wounds one in the left side of th •
bhdominHl region and the other in the
left hand. That the ball taken from
victims lK)dy was a calibre steel
hall.
S. M. Pollaid takes stand at 4:10
P. M. whose testimony was; That
lie was 42 years of age. born in
Farmville. lived theie until 18 years
old went to T. S. Army served eleven
.vears. :i months, was honorably
discharged from army. Aiter
I his he returned to Farmville this was
1901 where he has liven since fheii,
Marrien Delphia h. Ueleher October ;’>ii
After went to Farnivilli' I'
'I'raveliiig salesman for about two
yi'ars. Then ran a grocery store for
1 1-2 years. Then ran a bar room to
DtOS. liccn running drug store .sinee
bar closed. That he has known 'I'.
It. Smith for about ten years.
On Saturday night .January 17, he
was in his drug store conducting hiti
Inislnoss. That a few minutes prior
1(1 shooting. Perkins. Flowers. How
ard were in store. Perkins was clean
iiig floor. Flowers standing by large
window in front. There were a or '>
playing a punch board which was on
show case parallel with window, when
Smith came in door Pollard was stand
ing by this sho case, he turned to put
sdint nioni’v in cash register and then
went to cigar case to wait on some oiu-
One of the ooys. asken Smith fo conie
take a punih. He said ‘‘No lin not tak
ing any chances lonight." He then
walked toward the rase where Pollard
was standing. Pollard said ‘Smith I
told you not to come in my place, so
get out." Smith said I wont go auv
wher.!. I'pon this Pollard shot him
Fearing that his own life was endan
gered. As soon as the shot was tlret
Smith grabbed the barrell of Pollarns
pistol and Pollard caught him around
(he neck with the left arm. Whil-3
they were in he clinrh the gun I'reU
the seeond time. That Will Askew
cam in and he called him to come
and take Smith right arm to keep
him from getting out his own pistol,
saying that he would not shoot SmitV
again any way. Several men took
Smith and carried him toward the
door and upon nearing the door he
drew a revolver from his left hip pock
et and fired at Pollard. Pollard states
that he kept eyes upon Smiths handa
Yhi I u4t‘i bH.s'T mfmafwaftwbg gk
from time he entered until shot was
tired. Says to have had tour notices
doring the week that said that he was
going to kill him. Names of men
furnishing Information .T. Ij- Hornette
,1. W. .Woore and Cameron Smith
had made personal throat Saturday
before. Pollard was in barber shop
and Askew asked how hog case was
coming on. Pollard said that Cox was
gettiny up something but that If he
proved all knew about Cox that ha
would have his licenses. Cox came in
and told Pollard he wanted to see hiui.
Asked Pollard what he had been say
ing about him. Pollard said that
Smith had told him (Cox) Smith said
yes and h e was man enough to back
it up. He claims that Smith cursed
him and later Cox told him that he
would give him five dollars to bring
Yerurton down there. Pollard told
him that he had better bring him
$7.50 on a note he had collected for
him. Cox called him a damn liar, Pol
lard got up; Smith grabbed him by
arm and carried him out. Pollard
told him that he had treated him
wrong. Smith tolt him if he nidnt go
home he would kill him.
Wednesday, Burnette told that
Smith said that he cursed Pollard out
and that he was going to kill him yet.
Friday J . W. Moore came with sam^
story.
Saturday, Cameron said what E^ason
Maid and that Smith said on Wednes
day that he cursed Pollard out Satur
day and that he was afraid to resent
it and that he was going to kill him
yet.
Did not go to store Sunday- went
late Monday evening for money and
returned. Tuesday went down for a
short while, sade Wednesday. Thurs
day came to Greenville, Friday went
hunting. Saturday moning went to
store at 1:30, came back home at b
o'clock. Back to store at 8:30 and re.
mained until a few minutes after shoot
ing. Went home and told his wife
what had happened. After this, court
took a recess until 9:30 this morning,
».SATUBDAT
This morning’s session of court
convened at 9:30 and the defendant,
S. M. Pollard, took the stand for
cross examination by the prosecution
This was finished shortly after 12
o’clock and immediately following
this camc the ne.xt witness for the
defense.
Vance Belcher, who testified that
he ,had known Pollard for several
years and that he had known Smith
for about the same length of time.
That he had heard of the trouble
between Smith and Pollard at the
barber shop on Saturday night, Jan.
10th. That on Sunday, Jan. 11th,
ill till* presence of Mrs. J. 1*.
Tit^'lor .Siaifh (old him that he
{jjave I’olliinl a (hiiiin decent curs-
iiifj; the iiif^ht before and that l*oI
lard lia<l fold feet and Houldii‘t
resent it. He further states that
on Saturay ni^^ht .January 17th.
about 10 niiniilos prior of .shoot
ing .Smith ffave him a drink at
town hall.Smilh asked IJolcher
if Pollard had Immmi talkinjr about
him. Hi'Icher .saiil no. Smith said
Pollard had been talkinf^ about
Jiiin and remarkcil that they eotdd
not bt)lh slay in the same town
wilh out one (akin*.; a whipping
Of a killiii'r. Then Smith said tlnit
that what it took for him he had
it an dthat upon thi.s remark he
tiiok an autoiiiatic j)is(ol from his
hip |)ock<‘t ami put it in his ri^lit
liaiiii <»v(‘i‘i'oat pocket. 'J'hal they
till'll went up llu' .sirei't ami th:il
lie leaviujf Smith in I’ront of bar
ber shop, he. (hmsell’) went in
barber shnj). That in a few min
utes he heard soiiienm* call foe
■soine body tn in drtifj; store.,
Tliat. upon arri\iiifi‘ there, he
I’ltiind I’ollanI and Smith clinch
ed. Pollard holdin<i^ the breach
of a pistol and Smith the barreli.
That wit the aid of ('. A.s-
kew. F. S. (,'orbitt and '1'. C.
'J’tiniajre he .sopiii‘ate the two men
and that he took a pistol from
.Smith rijjfht hand <ivei‘coat pock
et. 'i'hat ln‘ opene»t.the door for
Smith Id be carrieil out iiml that
.Smith dri'w his pistol and fired
at Pollard and cursiu" him at the
same time, remarked that if he
could tiike him with him that he
would (lie content. 'J'hat he then
went to Pollard innl asked him if
.Smith hit him and that he said
no. 'I'iiat he then went to the
home of Smith an helped to un
dress him and then he went
down town and purchased twf>
nifrbt shirts for Smith and weiit
back (i) Smiths Ikmiso. He w.t^
then asked by Mayor Turmt^e
to serve as police that ni<rht and
h(* complied with (he .Mayors re-
<|iiest.
Uobeit Little the lu'xt witness
for the defen.'^e testilied. 'I'hat lie
lives near (h town of Farmville.
That on .Satm-day eveninjJC of Jan
iiary 17 he saw Smith behind Pol
larils store n Farmville and held
the follownj!; conversation with
him. Smith asked him if he had
any whiskey that he had sonie
trouble ami that he needed a
drink. That the two went to a
nearby stables where they took
a ilriidv. Tluit Smith told him
that he had cursed the man ()Ut
tliat runs that buildinjj;—referr
iii}I to I’ollards place—and that
he was fjoinji to kill him .vet. That
on Sunday foliowiiifj he wiis in
Farmville and that he heard o!'
(he (rafred.v then.
L. K. Flowers,(he ne.xt wi(ness
for the defenst* testilied that aboii
10 o‘cl(K*k Saturday night. Jan
uary 17. he was in Pollards drug
store in Farmvilse, playing a
pun<‘h board. That there were u
number of boys engaged in this,
that Smith entered and that one
of the boys asketl Smilli to have
a punch and that he saiil that he
did not want to punch any. Smith
walked on down the store. That
Pollard went to the cigar show
case. That Pollard and Smith
had some few' words and that
Pollard sai ‘•{let out of here’’ and
that Smith said ‘*I shall not’’ at
tlie same time reaching his right
hand for his j>istol and taking a
step forward towaril Sollartl.
That Smiths overcoat prevented
him from getting his pistol out
an<l Pollard drew his pi.stol lired
on Smith and that upon this
Smith grabbed the barreli of Pol
lard's pi.stol nd (hat the two clinch
ed. 'I'hat the .st'cond shot tired and
that he run out of the store and
watchetl through the window as
the two were seprated. That he
then went on down the street and
heard the third shot go That
upon returning Smith had been
taken from the store.
Court takes a rece.ss until 2:30
this afternoon.
MONDAY
Saturday afternoon session of court
convened at 2:30 and immediately fol
lowing the assembling it was decided
that as this court would not finish its
case until the middle of this week, thu
sheriff should telegraph the sheriff
of Pamlico county stating that Judge
Daniels would not be (here to begin
coart Monday.
W. O. Flowers, of Wilson, brother
of Li. B. Flowers, a former witness,
testified that he saw his brother on
Sunday night following the homicide
and that his brother told him the fol
lowing: ‘‘That he was in a drug store
in Farmville standing near a punch
board when Chief of Police Smith
came in and walked down the center
of store. Pollard advanced to the
cigar case which was near the mid
dle of the store. That he heard Pol
lard say "(iet out of here, we have al
ready had trouble and I don’t want
you In here." That Smith stepped
forward toward Pollard at tlie same
time reaching for his revolver. That
at this moment Pollard fired.”
The next witness was Mrs. S. M.
Pollard, who testified ,that she wa?
married to S. M. Pollard Octobei
30, 1902. That they have 5 childrcn
living, 1 dead, the youngest v.as :i
months old last Monday. That I’o'-
lard came home Saturday night, .Tan-
uary 10th and told her of the follow
ing incident which hapened in the
barber shop. "That he and \V. (’.
Askew were in the barber shop talk
ing of a hog case which he had in
court and that he remarked that ho
would come out alright unless Cox
tried to get up somethig agoinst him,
and that it this was done that he
could get old man Yelverton down
there and prove things on Cox that
would cause him to lose his law li
cense. That Smith who had been
ii.stoning to the conversation went out
and in a few minutes he and Cox re
turned. Cox asked Pollard what ha
had been saying about him. Pollard
told him that he knew that Smith was
the one that had told him this. II'j
turned to Smith and he and Smith
then passed curse words and then Coi
joini^d in llie discussion and Pollard
ro.se to strike Cox. That Smith grab
bed him by the arm and carried him
(o the street all the while cursin!,
him. He then went a part of the way
home with him and told him if he did
not go on that he was going to kill
him.”
The witness also testified that dur
ing the week prior to the homicide
that her husband took every precau
tion to avoid Smith and that he re
mained at lionie most of the tiinr
that during tl.ls time many reports
of threats made by Smith were brougli
to him. She further testified that on
the night of the homicide her hU3.
band came home and told her th**
whole story of the tragedy and he
remarked to her that he did it in
self defense and that when the officers
wanted him thy could find him at
home.
Church L. Perkins testified that he
was working in Pollards drug store
in Farmville the night of the homi
cide, That on Saturday night, Jan-
uary 17 about 10 o’clock he was clean
ing up soda fountain, Pollard was
attending to the punch board where
several boys were playing. Smith en
tered and walked down toward rear.
That someone called for a package of
cigarettes and Pollard turned and
went to cigar case and waited upon
customer. That Smith walked over
toward where Pollard was standing.
Pollard said “Chief, 1 told you that I
didn’t want you around here, get out.*’
Smith stepped forward toward Pol
lard trying at the same time to get
his hand in his pocket as it for a pis
tol. At this moment Pollard fired.
Smith reached forward and grasped
the barren of the revolver, the two
clinched and a second shot fired. That
at this time he ran from the store and
that he did not return until the two
men had been separated.
W. C. Askew, testified that he knew
the defendant. That he also knew
the deceased. That he married the
sister of Mrs. Pollard. That on Sa'-
urday night prior to homicide that
he went to barber shop and met Pol
lard and they started a conversation
in regard to a case which Pollard ha 1
in court. Pollard said that Cox was
makiug himself busy about the cas-j
and that he thought tliat he woulJ
have to get old man Yelverton down
there to show Cox up. That he went
on home and that on Sunday morning
he heard that Smith and Pollard had
some difficulty. That during the after
noon he asked Pollard about the at
fair and Pollard told him that Smith
h'd followed him a part of the way
houie cursing him all the way. That
on Saturday night January 17, he had
gone to the barber shop to get a shave
and he heard two shots fire and saw
a crowd rush up In front of Pollard’s
drug store. He went to the store
where he found Smith and Pollard
were clinched. He rushed in followed
by Policeman Moore, Belcher, F. G.
Corbitt. That Pollard told him to tako
Smith’s right hand. That he did so.
That Corbitt took the pistol from Pol.
lards hand and that Belcher took
Smiths pistol from him. That he and
Belcher started out with left arm in
order to open the door and that at
this Interval Smith drew a piste! from
his left hip pocket and fired at Pol-
lard. That he then returned to Pol
lards store where he found Pollard
standing by the cigar case. He a^kcd
Pollard what had caused the trouble
and Pollard told him that he had shot
Smith in order to keep from being kill
ed himself.
Court adjourned until 9:30 this
morning.
.. Moiiduf Morning.
Todays session of court convene I
this mrning at 9:30.
W. C. Askew again took the stand
for further cross examination.
The next witness to testify this morn
ing was J. It. Hinson who stated.
That he had known both the defen.
dant and deceased for years. That on
Monday morning prior to homicide he
was in Farmville and that Smith go*,
up on wagon with him and told him
that he had tuckled one of the big bul
lies the Saturday night bef jr • "d that
it was Sam Pollard. That he then
told Smith that he and Pollard would
have some trouble if he didn’t watch
out. That Smith said that if Pollard
began shoot inj; off his lip again or
bothered liiiii that he was going to
kill him and that I’ollai’d knew he
would do it loo.
The second witness was ,1. W. i;ns-
on who testified that he lived in Wash
ington at the time of homicide. Thai
he was in Farmville on Tuesday prior
to homicide and that he saw Hniiili
'I’hat Smith s(>emed to be mad and that
he asked him what was the trouble
and that Smith replied that i'ollard
didn’t want to treat him right and
that he was going to kill him if he
didn’t begin treating him right and
that during this time he use.<
profane language in regard to Pollard.
That he went into Monroe Cameron’s
place to collect a bill and that ho
told .someone in the store that they
had better tell Pollard to watch out
that Smltli was going to kill him.
That he went back to Washington and
that on the following Sunday morn
ing some one stopped liiin on the
street and asked him if he knciw the
druggist in Farmville, saying that lie
had killed the Chief of Police there.
That he asked them if it was Pollard
and that they sait that tlK^y
believede Ilia he wa.s liie one
That he then replied that he
was not surprised for Smith had tol-.l
him hat he was going to kill Pollard
and that he supposed that Pollard had
gotten Smith instead.
John Woolard testified, that he lived
in Washington. That on Sunday morn
ing following the homicide that ho
saw Eason on the street in Washing
ton and asked him if he knew the
drug stores in Farmville, that one oi'
the druRgists had killed the Chief of
I’olice there. That Kason remarked
that lie bet tliat Pollard did it. for
Smith had told him that he was go-
Ing to kill Pollard and that he re
marked that he had better watch out.
or he would die with his shoes on.
Tlie next witness was Monroes
Cameron, who testified that he had
been living in Farmville for many
years. That he was the market
business in Farmville. That during
this time he had served eight months
on the roads for soiling liquor. Tha":
on Tuesday prior to the homicide Kas-
on came to his homo and told him
what Smith had said about th>^ allair
of Saturday night before and that
Smith had said that he was going to
kill Pollard. That Eason requested
him to notify Pollard of what he haO.
heard. That on Thursday Smith saw
him and asked him if he had heard
of the trouble which he had had with
Pollard. That he replied that he had
heard something of the affair. That
Smith then said that ho nad cursed
Pollard just like he want’d to s nd
that if Pollard had crooked ir lad ■ a
move at him that he would have killed
him. That he went to t?ll Pollard
and that Pollard was not at home and
that it was not until Saturday morning
tha he saw him. That he then told
him what Kason had told hun and
ri’Uiioned h'm to be oa the look out
The fifth witness was GiH)rge E.
Moor«' whose testimony was Miat he
lived in Farmville and tha*. he has
known both defendant and deceased
for several years. That he had been
neighbor to Pollard for about ten
years and that he knew Pollards repu
tation to be good.
J. B. James testified that he knew
both defendant and deceased. That he
held a conversation with Pollard a
few days prior to homicide. That he
was in his office and Pollard came in
and said that he wanted to talk ‘o
him both as mayor and as a lawyer.
Pollard said that he was in the barber
shop the Saturday night before discus
sing a hog case. That something was
said in regard to Cox. That Chief
Smith went out and that in a tew min
utes that Cox came in and asked what
he had said about him. That he said
that he knew that Smith had told him
He told Smith he didn’t think that he
was using much judgment as an of
fleer of the law by trying to caus' a
discussion. That Smith stood up,
shook his fist at him and said "! am
the law. I’ll take the law in my own
hand.’* That Smith took him by the
arm and they went out and that Smith
cursed him and threatened to kill him.
James further testified that be asked
Pollard If be was afraid of Smith and
that Pollard related several instances
setting forth Smiths violent character,
stating that be was afraid of him.
That at this time his father F. G.
James came in the office. That Pol
lard retold the barber shop afi'alr and
said that he wanted protection and
that he wanted to see Judge Daniels
about it. That F. G. James suggested
a peace bond but that Pollard sayin'j
that this would do no good as Smith
would break this the first time he go.
to drinking.
Chester Smith testified that he knew
both defendant and deceased. That ho
was in barber shop on Saturday night
prior to homicide. That Pollard wa.i
getting a shave. That Cox told Pol
lard that he wanted to talk to him.
That when Pollard got out of chair l e
went over and sat down by (.'ox. Co\ i
said “Pollard, you have been talking
about me.” Pollard said “niy friend
told me.” Pollard said that it was
Smith. That at this time Smith goi
out of his chair and walked up toPo',-
lard and told him that he was the ono
that told him that be was man eiiini'
to back it up. That he cursed Pollard
and took him by the ariii and went
out with him.
I»r. Wni. Fountain testified that
iilioiit four or five years ago he was
ei.ronor of Pitt county. That he held
an iniiuest over the body of Simon Ty-
Hon a negro .said to liavi* been shct
by '1‘. II. Smith. That thi' wound wa.;
in the back a few inches to the left
of the spine. That Smith was Indicted
and turned over to the Sheriff. That
a few days later Ur. Joyner had body
of negro taken up and examined and
stated that the wound was more than
three in dies from tin' spini; as had
been stated by coronor. Tliat both he
and Joyner went before* the (Iran I
Jury and that (iraiid Jury did not find
a true bill.
TIKSIJAV
From file openinf; of court this moi’u
ing up to the adjournment for the
noon day meal the trial of S. M. Pol-
liinl progressed ratiier slowly on ae-
coiiiit of several poiiils made by \vi'-
iii sses and upon wlii< h the counsel for
both the defense and pro.seeiUioii ar
gued at leiiKlli. Ill i-acli instanee ilie
jury retired lo an adjoining room, and
this is the way they spent a majority
of the forenoon, going lo and fro.
.Vfternoon
At the convening tliis afleriioDii the
same practiei' was taken up.
It is thought, although it is not con
firmed that all ti;stimony will be heard
by sometime tomorrow morning, then I
immediately following will como the
argument by the attorneys.
At 2:30 yesterday afternoon ecu‘t
tlie Pollard trial, the first witness be
ing S. V. .loyner, who testified that ho
Knew both defendant and deceased,
'lliat he knew Pollard.s gf'neral repu
t.ition to be good. That he knew that
Smith killed Simon Tyson and that
bad.
J. II. Manning, testimony. That Ik-
knew S. M. Pollard but did not know
his general character or reputation.
That he had known the deceased,
Smith, and knewhis n putation for be
ing a violent and dangerous man to be
bad. That be was present wh('n
Smith killed Simon Tysin and that
Tyson was shot in the back while run
ning from Smith. That he was tol.l
a' that lime that Smith was atle.mp -
ing to arrt'sl the negro, Tyson, when
he ran.
F. G. Allen, testimony. That Pol
lard cauK' to his house bird hunting
one day during week prior to homi
eide. When Pollard finished his bun*
and came back lo the house for his
horse that he asked him if he had
heard of the little affair which hap
pened between him and Smith on th '
Siiturday night before. That Polhi' .
told him that Smith bad cursed him
out and that he had told him to stay
out of his place.
(1. T. Tyson, testified. That he lived
about 7 mUes from Farmvill. That he
knew Pollard and knew his genera!
character and reputation to be good.
That he had also known the deceased
Smith and knew his general character
and repufatiiu for being a violent and
dangerous man to be that of a bull
dog.
W. U. Hinson, testimony. That he
was in Farmvilh* Saturday evening,
January 17th That he saw Smith b"
tv,een seven and «Mght o'clock in front
of thi' barbt'r shop and that Smith
took a drink with him. That he then
went to his hime which is a fe"
miles from Farmville.
Skinner for the defense, states that
there is one witness who can not be
here until tomorrow and that they re.
serve the right to put this witness on
when he does arrive. With this the
defense closes its case.
State—
W. K. Murphy, testifies. That lu'
has lived in the town of Farmville
since December 10, 1913. That be
knew the deceased T. 11. Smith. That
he saw Smith near the market in
Farmvillt* alM>ut 10 o’clock Saturday
night January 17th. That he held a
short conversation with him. That
Smith at this time was sober and that
he did not seem to be in a bad humor
at this time.
Dr. Miseley. That he is a doctor in
Farmville and has been since last
August. That he knew the deceased,
T. H. Smith. That on Saturday nigh^
January 17th, he went to Smith’s bed
side and examined his wound.
J. C. West lestifii?d. That he is a
carpenter. That he had worked In
Farmville. That he had known the de
ceased T. H. Smith. Ho is questioned
by defense and jury is asked to retire
before qaoHtions are answered.
W. (’. Dresbach is given map of
Pollards dru^ store. State,s that he
made the map from a survey of store
and marked locations of tho,se in
store at time of homicide, under di
rections of Perkins. O'l cross exaiui-
I nation it is stated by the witness that
two locations on the map were chang-;d
under the direction of Harry Skinuc!r,
for the defense, statinj.- that tlie lo.:a
tions as first pul down on th ' map to
he incorrect.
Peyton Atkinson, te.st.fied. That liii
knew .S. .M. Pollard ati'l knev,' his geu
eral character and reputation to In;
good. That he had known the decease J
T, H. Smith and had know’n his general
cliracter and reputation for being a
violent and dangerous man to he bad.
WKI)>KS».VY
V.’ith the testimony of two defense
v.iiness after the convening of court
this afternoon iLe giving In of al'
testiiijiiny wa.s concluded and al :i
o'clock Hon. F. C. Harding, attorney
for the state opened th<! arguuKMit
or I lie case. There are about seven
lawyers for the defense and live fo'
the prosecution. It was argued upo:;
by the counsel and the Judge that
each side should have seven hour^
II) wliiih to fini.sh their argument.
It is thought that lie jury will prob
ably get tlie case Friday morning.
Tuesday Afternoon
. K. K. Belcher testified that he. was
a Justice of the Peace and that h<!
k.iew defendant and had known de
ceased. That during November Court
1913 that Mr. Abernethy asked him
and Smith why they did not break
u| the gambling and liiiuor selling by
Pollard in Farmville. That he bad
h(‘eii in Farmville the night befon;
and that the ladies of the town bad
notified him of the same and had re-
(luested him lo havi; such lirokeu
uf- and that as olhcers of the laws it
\sas tlii'ir duty. 'I’hat he has talked
to Pollard since he has been in jail.
That since the homicide he had held
a conversation with Vanc(' Helcher
and that Vance llelcher stated that lie
thought it fo bi‘ one of the most cold
blooded murders he had ever known
of. That Vance Belcher stated that he
talked to Smith a few minutes beforo
homicide and that be said that at.
that time Smith se(»med to b(‘ in a
very good humor and that he did
not think that Smith come into Pol
lard's store expecting to hurt him.
ill slated that ht^ thought that if such
had been Smiths intentions he wou'd
havi' gotten Pollard before the de-
fmdaiit fired his gun. This conver-
sution being a direct contradiction of
the testimony of Vance Ueleher given
ou th(> stand a few days ago. Judge
Danii'I’s ardered that the tt'stiniony
giveu by Vance lielden be stricken
from the records.
|{. K. lielcher further testified thai
he had known Pollard several y(>ars
ai d knew his gt'neral character and
reimtafion to he bad. That be knew
Smith and that he was not consider
ed a violent and dangenms man.
Two nelVn>P ^Vitiiess Heeulled
L•^. V. Joyi,''-.- testified that two
.vears ago this April, that H. S. War.'
asked Smith a question on the star.’
which had made him mad and that
riniith said that he was going to whin
him if it was the last thing he eve'
•ii'i.
J. K. r.arnhill n'called tliat he
know T. H. Smith by sight. That
he was hen' during the November
term of court when Smith was on th -
stand in the Fagas Joyner cas.'. Tha'
Judge Whedbee had refused to accept
Smith's evidence. That Smith he.
came angered and as he left (he
court rt)om that h«' heard him make
threats against Judge Whedbee.
A I' .Monk, testified that h«* haii
lived in Farmville since 190). That
Smith was in his store about a (]uar
t( r t«> nine on the night of the bonii-
ciiie. 'that he again saw Smith aboin
half an hour after he had been s'vi'
Thai he h-'ard .Smith --ay that I’ollarl
was a coward and was not game. That
hi wouldn't give him a show. Tha*
al the depot Smith again said lh-<*
he was a coward. That he ordered
b»ni out of the store and upon hi.^
asking what he meant that Pollard
• t.-.,, i iiHt he bad known Pol
lard for several years and knew hi<
teni'ral character and reputation to
be bad. Tha* for the last few years
Smith bad not been considered a verr
v.’olent and dangerous man.
J. H. Thorne testified that he at
jresent lived in Greene county but
pievious to this time he lived in Farm
vllle. That he had been in Pollards
drug store during last October and
November. Th.it he went up stalr.^
by the way of ladder and played pokor
and that Pollard took part in th**
game. That beer was served and
same was paid for b.v chippiog out of
(Continued on Page Kighl •