"'Some time before the end of June last, I was shown a letter by a man named Flynn, which requested him to come or send a man to do a job, and it was stated that there was good money in it. The letter was written by a man named Howarth, who resides at Abercorn, P. Q., in the county of Brome. Neither Flynn nor myself paid much attention to this letter, as we did not understand the meaning of it. About the end of June, the same man showed me a second letter, which he had received from Howarth, also requesting him to send a man on the next morning to do a job connected with the liquor business, and he asked me to go, as there was good money in it—about two hundred dollars—and I agreed to go over. He then instructed me to go to a man named Willard, whom Howarth had instructed to give me the money to pay my way, or give me a ticket. I went to Willard, and told him that I was going to Canada to do a job for some parties there; that Howarth had sent for me to call on him for the money to buy the ticket to go there, and that he would repay him. Willard gave me ten dollars, and I bought my ticket, and came on to Abercorn. I started towards the hotel there, when Howarth drove up, recognized me, and asked me to get into his wagon. He drove me to Jenne's hotel, and there introduced me to Mr. Jenne as a Mr. Stewart. While at the hotel, Howarth told me he had sent for me to thrash a fellow named Smith, who lived over at Sutton Junction. He said that he was a mean cuss who drank all his life, would drink whenever he got the chance, was all the time running after the women and, to cover up his deviltry, he goes round preaching temperance, and raising the devil with the hotel keepers. They wanted to chase him away and get him out of the business. Howarth went on to say that Smith, who is station master at Sutton Junction, was so mean that people cannot ship goods to that station without their being opened, looked over and their contents reported to the temperance people. They had, he added, reported Smith to the company, and his discharge had been ordered. I asked Howarth what about the money for doing this job, and he answered, "Don't fear; everything is fixed, and you will be well taken care of." In the afternoon, Howarth took me to Sutton, and we called at Curley's hotel, and went from there to Lebeau's, where he introduced me to a man named Lebeau, who owns a race course, as a Mr. Stewart, a horse buyer from Boston. I then rode with Mr. Lebeau and drove his horse, staying round there until the evening, when I went back to Curley's hotel, and had supper. I did not pay for it, and was not asked to pay. I went to Sutton, purchased a ticket for Richford, where I met Howarth in the afternoon by agreement, received fifteen dollars from him and had a long conversation regarding the job I was to do, after which Howarth went back to Abercorn. I, however, remained over night at Richford, and next morning took the train for Sutton. I then went to Mr. Wilson's hotel, and remained there for two or three days. They asked me no questions in regard to my board bill, they did not seem to care whether my bills were paid or not, and they were never paid by me. I remained there until the horse race at Knowlton, to which I went with Mr. Wilson, and where I expected to meet Howarth with a team for me to use, but I did not find Howarth at Knowlton. I left Knowlton the same night, and rode back to Sutton, to Wilson's hotel, with a man whom I met at the races. A day or two following, I was supplied with the team, which was fed and cared for free of charge at Curley's and Wilson's hotels. This team was supplied me for the purpose of driving to and from the Junction in order to meet Smith. The night I committed the assault on Mr. Smith my team was at Curley's hotel until 9 o'clock in the evening, when I ordered it to be harnessed. I then started for the Junction, and on the way I met a man a short distance out of the village, whose name I do not remember, but I would probably recognize him if I saw him again. I was supplied with a disguise of clothing, which was put into my buggy when the team was sent to me. I do not know who put it there, but Howarth gave me to understand that it would be there.
"'Some talk transpired between myself and the parties engaged in this matter as to what weapon I should used to beat Mr. Smith, when it was suggested, I think by Howarth, that a piece of lead pipe would be a good thing, and when I opened the bundle, I found a lead pipe in it. I saw that it was a piece of new pipe, and I battered it to give it an old appearance. There was also a new hat in the bundle. When this man got into my buggy, I drove to Sutton Junction, where I waited for Mr. Smith. After our arrival there, and until I had committed the assault on Mr. Smith, the man who drove with me from Sutton kept the team waiting for me about one hundred rods from the station. I saw Mr. Smith arrive at the depot about 10.30 P. M., and after putting the team up, he went into the station with four or five men. I watched Mr. Smith until all the men had left, the last two going north on an engine, after which I saw Mr. Smith lie down on a settee. After some time I entered the room, where he was lying, and struck him over the head with the pipe, which was in my possession. His head moved on the pillow, and when he started to rise, I struck him again. We then clinched, and had quite a severe struggle during which I lost my hat and the lead pipe. I then freed myself from Mr. Smith, and disappeared, running to where the team was waiting for me. We drove direct to Sutton, where the fellow jumped off, and I kept on to Richford, where I left my team at the American hotel, telling them that it would be called for. On the way to Richford after having committed the assault, I called at Jenne's hotel, Howarth having told me that on my way back the money would be left with Jenne to pay me. When I arrived there I called to him, and after a few minutes he came, and I asked him if there was some money there for me, and he said, "Yes," and at the same time he went back and brought out fifty dollars, which he gave me. I asked him where the rest of the money was, and he said: "Only a part of it had been collected; give me your address, and we will collect it and send you a money order." This money order I have never received. At Richford I hired a team and drove to what I thought was about half way to St. Albans, where I stayed all day Sunday, and took the night express for Boston. The bay horse and open buggy, with yellow running gear, were furnished me by Howarth a few days previous to the assault. The team was engaged by Jenne at the livery stable in the rear of the American House, Richford, and the young man who drove the team on the night of the assault was young Jim Wilson. He left me at Sutton, and I was instructed to leave the team at the Richford livery stable above mentioned, which I did, and the same livery man whom I asked for another team to drive me to St. Albans, or a part of the way, hitched up a team and sent a man with me whose name I do not know. When I drove up to his place that Sunday morning, I awoke him and said that I had brought back his horse which I had been using for the last few days, and I also told him that this party would settle for it, and he replied, "All right."'"
In this testimony of Kelly's we see the evidence of a preconcerted plot in which many liquor men, both Canadian and American, must have been initiated. It is an important fact also that the man entrusted with the execution of their lawless plans was himself a bartender. From the evil account of Mr. Smith's deeds, which Kelly says was given to him on his arrival in Canada, it appears that the enemies of temperance are not contented with taking the property of their fellow-men as they often do in different ways, they are not even satisfied with inflicting bodily injury and suffering upon those who oppose their ways, but they would blight their reputation, and this, too, is no small injury, for in the words of Shakespeare:
"Who steals my purse, steals trash; 'tis something, nothing;
'Twas mine, 'tis his, and has been slave to thousands;
But he that filches from me my good name,
Robs me of that which not enriches him,
And makes me poor indeed."
The announcement also that the liquor men had reported their enemy to the railway company, and that his discharge had been ordered, is significant in the light of later events. The complaint made by them to the company seems from the above to have been that Mr. Smith was examining goods shipped into the county by way of Sutton Junction, and this, we are assured, was a false report. However, it seems probable that, if the hotel keepers had not been receiving illegal goods in this way, they would not have been so suspicious. Another account of Kelly's testimony was published in the Montreal Daily Star. Omitting those parts which do not differ materially from the report in The Templar, this report is as follows:
"The reason that Kelly did not get his hundred and fifty dollars for half murdering Mr. W. W. Smith, it appears, was 'that he did not half finish his job;' at least that was the reason given in another letter of Howarth to his friend Mr. Flynn in the United States, who showed it to Kelly. It is left to the imagination as to what the result would have been if he had finished the job. Kelly's testimony occupied all the afternoon, and he stood the ordeal extremely well. Mr. Racicot tried to shake him, but in vain. He told his story in a straightforward manner, and it showed how easy it is even in our present civilized and advanced age to get rid of or punish people without running personal risk of bodily injury if you go the right way about it. The case is also a forcible reminder of the truism that the laborer is worthy of his hire, and that things done on the cheap are apt to turn out badly....
"That night he drove in the vicinity of a friend's home, where he was told that Smith was not at home. He went with the intention of seeing Mr. Smith. If he had met him he would have licked him then and there. He always stayed at the Wilson's, when he had nothing better to do, and they did not charge him anything. He was convinced that the Wilsons, though they did not say so, knew perfectly well what he was doing. Kelly met Smith once at the Sutton Junction station while he was on the train. The night of the attempted murder he asked Jim Wilson to drive him. Wilson must have know what Kelly was going to do, for the latter undressed while they were driving together, and put on the disguise, and Jim Wilson must have seen him put the lead pipe in his pocket. Wilson waited for him with the rig, while the drama in Smith's station-house took place. Kelly then rehearsed the act himself, varying but little in the story from the version given by Mr. Smith. The remainder of the story finished....
"When he was half way to St. Albans he sent the Richford team home and hired another on the road. He took the train at St. Albans to Boston, and from there returned home to Marlboro. He met Howarth at Marlboro afterwards, and Howarth said that he would see about the money. He then spoke to Howarth's friend Flynn and the latter wrote. In reply he got back a letter from Howarth, in which the latter said: 'Kelly did not half do his job, and all the others are kicking at me.' At any rate, Kelly did not get his one hundred and fifty dollars. Mr. Racicot then took him in hand and tried very hard to tangle him up. He commenced by trying to break down the force of the evidence of the letters, which Kelly claims Howarth has written, and which Kelly claims he had seen. Of course he had to admit that he could not swear they were written by Howarth. Next, his efforts were directed to words trying to prove by Kelly's testimony that the assault was not a murderous one. Partly to protect himself, partly because he believed it the truth, Kelly then was compelled to testify that he was not asked and had not undertaken to kill Mr. Smith. He never told any one that he had, and did not intend to kill him or do him serious injury. The murderous-looking gas pipe club on exhibition on the Judge's Bench gave this part of the testimony a rather sarcastic tinge. In continuing, he got Kelly to say he did not think he had hurt Smith seriously, but simply that he had fulfilled his contract. It came out that, while living in Marlboro, Kelly was a barkeeper, and was seen drinking with others in a hotel. There is apparently a good opportunity for missionary service of the sort Mr. Smith delights in in Vermont. He was asked to go into lengthy details as to how he was arrested, brought from the States by Mr. Carpenter and treated while in his custody, and said that he expected to take his chances on being sent to jail or penitentiary. When his testimony was finished a wrangle took place between opposing counsel as to whether or not prisoners should be admitted to bail. Mr. Duffy opposed in so far as Howarth was concerned, because he was an American, and because once at liberty he would approach the other conspirators and frustrate the ends of justice. Finally Howarth was remanded till Wednesday. Jenne was allowed out on nominal bail, and Kelly remanded to the custody of Mr. Carpenter. Some more arrests and some more verbal and very interesting documentary evidence is promised for Wednesday."
