"I did not.'"
From some of the above questions it would seem that Mr. Brady, not content with having dismissed Mr. Smith from the service of the Canadian Pacific Railway, was trying to aid his assailants to escape justice.
The next evidence given was that of Dr. McDonald, of Sutton, the physician who attended Mr. Smith after the assault. His testimony was given in the Witness, as follows:
"I know Mr. W. W. Smith. I was called to him professionally on July 8th. I found him in a dazed condition, with a bruise on the top of his head, four or five inches in length, swollen and contused. There was also evidence of another blow, not so long, more in the centre of the top of his head, and another blow still shorter and more to the right of the head, another on the side of the neck and shoulders, and one on the hip. All these bruises I considered serious. The appearance later was that of the discoloration consequent upon such bruises. The bruises were such as might have been inflicted by the weapon now in court. They could not have been inflicted by the fist. I saw Mr. Smith that morning, and on the night of the same day, on the following Monday morning, and again on Tuesday night. I then considered him sufficiently recovered to not require medical assistance further. I saw him afterward, but not professionally. Death has often resulted from less blows than these."
Daniel Smith, of Sutton, then gave evidence that he had seen Kelly at Sutton on various occasions, the last time being on the evening previous to the assault.
Charles C. Dyer, of the same place, also testified as to Kelly's identity. He said that he had seen him on the race track, at Sutton, in July, had heard him called a horse-buyer from Boston, and had received the impression that he had come there to look at a trotting horse which belonged to Mr. Lebeau, the owner of the track. He had not considered it anything strange that Howarth should be carrying him around the country to look at horses.
The next witness was Silas H. Carpenter, of Montreal, chief of the Canadian Secret Service. He said that he had been employed to investigate the assault case. He had been informed of a stranger who, after staying in the vicinity of Sutton for some time, had disappeared immediately after the assault, and decided that he was probably the guilty party. Had learned that a man answering to the description of this stranger was in Marlboro, Mass., and to this place was sent a neighbor of Mr. Smith's, who identified Kelly as a man whom he had seen in the neighborhood of Sutton Junction previous to the assault. The witness and Mr. Smith, after going before a justice of the peace, and obtaining papers for the arrest of their man, proceeded to Marlboro. At Fitchburg, Mass., a warrant was made out from the papers which they carried, and Kelly was arrested. He consented to go to Montreal without extradition, and there, in Mr. Carpenter's office, related voluntarily the story which he told at the preliminary investigation, and on this evidence the other prisoners were arrested.
Mr. Carpenter's testimony was the last on Tuesday.
Court opened again at ten o'clock on Wednesday morning. This was expected to be the last day of the trial, and a large crowd was present. Mr. J. F. Leonard, clerk of the court, was first sworn, and testified to the bad character of M. L. Jenne, who had been indicted on Sept. 11th, 1879, for assaulting an officer in the discharge of his duty. The jury had found him guilty of common assault. Mr. Leonard identified the prisoner Jenne as being the same man.
George N. Galer, a constable, confirmed this testimony, and said that he remembered having arrested Mr. Jenne at the time referred to.