considered in
court. The following report of Wednesday's proceedings was published
in the Montreal _Daily Witness_:

"The preliminary enquiry into the Sutton Junction attempted
murder case was resumed this morning before Messrs. C. H. Boright
and G. F. Shufelt, J. P.'s. The court room was crowded, and much
interest was evinced in the progress of the case. Mr. W. W.
Smith, continuing his evidence, described his struggle with
Kelly. The first blow rendered him partially unconscious, and
apparently was not repeated for two or three minutes. A second
and third blow was given with the lead pipe, but, owing to his
having clinched with Kelly, they did not have the effect of the
first. During the struggle, both men got out on the station
platform, and eventually rolled from the upper to the lower one,
Smith all the time calling out 'murder,' and Kelly breaking loose
ran away. He was positive that it was Kelly's intention to kill
him, not merely to give him a beating.

"He recognized the lead pipe as the weapon Kelly used, and also
the hat was the one he left behind in the station.

"He went to Marlboro on August 25th, and identified Kelly, whom
he saw drinking with three other men at the bar of the Central
House.

"He travelled from Fitchburg to Montreal with Mr. Carpenter, and
was present in the former's office, when Kelly acknowledged to
having committed the assault.

"Two other witnesses testified to having seen Howarth and Kelly
together at Sutton, on May 24th, where it was given out that the
latter was from the United States, and was buying horses. It was
also in evidence that Kelly was seen at Curley's hotel, Sutton,
on the evening that the assault was committed."

After these witnesses were heard, the case was put over until Spring,
to be considered and decided by the Court of Queen's Bench, which was
to be held at Sweetsburg, in March, 1895. Kelly, Howarth and Jenne
were committed for trial at that time. Jenne was released on bail, and
application was made for bail to be granted for Howarth also. This was
refused by the magistrates, and Mr. Racicot then applied to the Judge,
being opposed in his application by Mr. Duffy, the lawyer for the
Alliance.

Judge Lynch carefully considered the matter in its social and legal
aspects.

He brought up several cases in the history of the