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."

[Illustration: Walter K. Kelly, Marlboro, Mass.]

The statement of Kelly that he did not intend to kill Mr. Smith, and
was not asked to do so, has a decided look of absurdity when viewed in
the light of the various circumstances surrounding the assault. If he
simply intended to "lick" Mr. Smith, why did he attempt it in such an
unfair and cowardly way? Why did he, when the object of his assault
was asleep, attack him with a weapon which might cause death? And why,
having such an advantage over his victim, did he begin at once to
pound his head? This is a very dangerous way to administer a whipping!
Moreover, if the hotel keepers of the vicinity only wished to have Mr.
Smith pounded, it seems strange that not one of their number was
willing to undertake the task himself. Or, if not, why did they not
hire some ruffian who could be induced to give almost any man a
pounding for a smaller sum of money than that promised to Walter
Kelly, and, besides, might have supplied his own necessary outfit, and
save them the trouble and expense of providing board, team, weapon and
disguise of clothing.

Again, the liquor men should have known that such a course would not
be likely to help them very much, for any man who is sincerely in
earnest and seeks the prosperity of a good cause, will not be likely
to stop his work because of a slight pounding. There are many things
in this world not easy to understand or explain, and this affair seems
to be one of them, but, of course, it is a lawyer's business to work
for the interests of his clients, and prisoners usually consider it
their privilege, when in the witness box, to work for their own
safety.

The testimony of Mr. Smith, which had been begun on Friday, and had
given place to Kelly's evidence when he arrived from Montreal, was
resumed on Wednesday, Sept. 5th, when the case was again