James E. Ireland, telegraph operator at Sutton, who was the next witness, said that he had been night operator on July 8th, and had received a telegram for Dr. McDonald, asking him to come to Sutton Junction immediately, as Mr. Smith had been assaulted. Another message had been sent to James H. Smith, telling of the affair, and requesting him to be on the watch. He could not produce the record of the dispatches, but told them as he remembered them.
James H. Smith, also of Sutton, a brother of W. W. Smith, was then sworn. He said he had been notified of the assault by telegram about two o'clock on the morning of July 8th. The message which he had received was as follows:
"W. W. Smith is badly hurt. Get Homer and others to watch the roads."
He went for the man mentioned, and then learned that Mr. Ireland had received a message asking that Wilson's hotel be watched. No light was seen in the house there, but L. L. Jenne was appointed to watch the place. Witness had seen Kelly four or five days before the assault driving a team which he supposed to be Wilson's. He had thought it strange, but could not say that he had felt any suspicion. He had supposed the team to be Wilson's because he had noticed the latter driving it at different times during the summer. He had seen James Wilson the night before the assault, walking on the street towards the post office, and Wilson had spoken to him. He had also seen Kelly at that time with a team.
Lewis L. Jenne, a clerk for the Canadian Pacific Railway at Sutton, testified that he knew the prisoners, and was distantly connected with one of them, M. L. Jenne, of Abercorn. He had been in the employ of the Canadian Pacific Railway for seven years. On the morning of July 8th, at about two o'clock, he was awakened by James H. Smith and another man, who told him what had happened. Witness had taken it as his work to watch Wilson's hotel, but saw no light or stir about the house. If any light had been there he must have seen it, as he had on many nights before and since.
During cross-examination he said that he had watched the hotel on the night in question, from a little after two o'clock until morning. A swift horse could go from Sutton Junction to Sutton in ten or fifteen minutes. Witness had not tried to enter Wilson's house, but had watched outside. He had heard that the Wilsons threatened Smith, and was quite sure he had heard it said that they were mixed up with this affair.
Walter Kelly, being then recalled, said that he had seen Wilson on Saturday night, July 7th, between seven and eight o'clock, near Curley's hotel, going towards the post office. He also stated that once he had driven Wilson's team on the road where James Smith claimed to have met him with it.
This completed the evidence in the case.
Mr. Racicot, counsel for defence, then addressed the jury, quoting all the points of law which might seem to have a bearing in favor of the prisoners, and making an eloquent plea which lasted one hour and twenty minutes.
Hon. G. B. Baker, Q. C, quoted the law on the other side, proving quite clearly that the prisoners were deserving of punishment. He laid great importance on the facts that Kelly's evidence had not been contradicted, and that, while Henry Wilson had told of getting up at half-past one, and lighting a lamp which he said had been left burning in the kitchen until morning, the witness Jenne had stated that he watched the house without seeing any light, as he must surely have done had there been one to see.