The next witness was Walter Kelly. He described how the liquor men had obtained his services, and told the story of his arrival and stay in Canada, and the assault at Sutton Junction much the same as in his previous testimony.
He stated that once while he was stopping at Sutton it had been feared that his presence was exciting suspicion, and he had been sent to Cowansville for a day.
He also said that after the assault he had seen Howarth at Marlboro, and told him that he had done his work, but only received a part of the pay, and Howarth had promised to see that the remainder was sent him. A while after this Kelly had heard that detectives were in Marlboro looking for him, and Flynn, the barkeeper to whom Howarth had written at first, had advised him to go away for a few days while he (Flynn) should write to Howarth, and learn the facts of the case. He went away, and on his return saw a letter from Howarth which stated that Kelly had not hurt Smith at all, and they had been obliged to pay $30 for the use of the team which he had while in Sutton, and now the others were "kicking" and unwilling to pay any more. Kelly said he supposed from this letter that he had done nothing for which he could be arrested, and, therefore, after reading it, did not try to hide again.
After being arrested he was taken to Fitchburg, where, instead of wasting a month in jail while waiting for extradition, he waived his claim, and went with Mr. Carpenter, and had since remained in his office in the care of a constable. He had told his whole story voluntarily; Mr. Carpenter had offered him no inducements whatever. Kelly also stated that he had not been instructed to kill Mr. Smith, only to scare him, and give him a good "licking."
Wallace B. Locklin was next sworn. He said his residence was at Richford, Vt., where he was a notary public and attorney. He had been appointed to take evidence in Richford on this assault case. He knew Ford, who kept the livery stable at Richford, and had asked him to come to his office and give his evidence. Ford refused to come, and said, if subpœnaed, he would pay his fine.
The next witness was J. P. Willey, of Abercorn, formerly of St. Lawrence Co., N. Y. He was exceedingly unwilling to tell what he knew of the case, and it was only by dint of very close questioning that his evidence was obtained. He knew Jenne, the hotel keeper at Abercorn. Had held a conversation with him in the barroom of his hotel, when he asked Jenne how much he had been fined for selling liquor without a license. He replied that he had had to pay over $90, and witness remarked that it was no outsider's business if he sold liquor. Jenne said they could not do much with that man Smith; they could not carry their goods over the road. The remark had been made that Smith ought to be whipped or killed, or sent out of the country. Witness believed that he had first suggested this, and then Jenne had agreed with him, and asked him if he knew any one in his part of the country who could do such a job. He would not say that Jenne had asked for a man who would "kill" Mr. Smith. Witness remembered having mentioned this conversation to three men, and might have spoken of it to others.
Arthur Holmes, of Abercorn, sworn, said that he had heard of the assault on Mr. Smith. Had understood that Jenne was away when these prosecutions began. Said they had all supposed that Smith was the prosecutor in the liquor cases.
Albert E. Kimball, a hotel keeper of Knowlton, said he knew there were prosecutions for liquor selling. He was fined, so was Jenne, also Wilson of Sutton.
He was asked: "Do you know of any scheme to get even with Mr. Smith?" Mr. Racicot objected to this question. Mr. Kimball said it had been remarked in the barroom that Smith was a "mean cuss," and should be whipped. It was barroom talk.
This is a strong testimony, coming from a hotel keeper, as to the nature of barroom adjectives and compliments, especially when applied to temperance people.