Negro Accused of Murdering of H. T. Smith on Trial.

ARGUMENTS HEARD TODAY

Prisoner Testified That Officer’s Pistol Fell From Pocket and in Struggle It Was Discharged.

John Rabb, a negro painter, was put on trial for his life yesterday in the Richland County court of general sessions, charged with murdering Hilton T. Smith, former city jailor and a fearless officer of the law, on May 17. Court adjourned while the accused was on the stand. The case will be continued this morning.

The Rabb case attracted a crowd to the courtroom. The side reserved for negroes was packed all day long.

Both the State and the defense stubbornly contested every legal point which came up yesterday. The ruling of the court was frequently requested.

Except for an occasional twitching of the muscles of his face and frequent tugs at his short moustache, John Rabb, the negro prisoner, showed no signs of nervousness during the course of the trial. When he was put on the stand to testify in his own behalf about half an hour before court adjourned yesterday afternoon, the attitude of the accused was deflant in the extreme.

“I’ll Talk if I Die.”

Rabb began by telling of the fight he had had with another negro and his domestic trouble on the afternoon of the night on which the shooting occurred. Between 10 and 11 o’clock at night Officer Smith, who had been summoned by his wife and step-son, arrested him for his previous disorderly conduct. On the way down to the jail, according to his own testimony, Rabb indulged in more or less impudent talk. When Officer Smith remonstrated with him, Rabb said on the stand that he replied, “You can arrest me, but I’ll talk if I die.”

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shortly afterward Office Smith struck him on the head with his club, said Rabb. A struggle ensued, during which a pistol fell from the policeman’s pocket. Rabb said that he made a dive for the pistol. Both got hold of it about the same time and struggled for its possession. During the struggle the pistol was discharged and Officer Smith fell.

Pocketed Officer’s Pistol.

According to Rabb, he picked up the weapon and went back up Taylor street to his house. He remained there long enough to get a drink of water. Then he left in a hurry. He took the Seaboard track at Elmwood Cemetery, ran a mile or two further up the railroad, and then went to sleep in a field.

Rabb said that he woke up about daybreak the next morning. He walked on up the Seaboard track to Blaney, where he stopped to sell Officer Smith’s pistol to Bryan Morgan, a young white man, for $1.50. He went into a store and bought some tobacco. When he came out he was arrested by a party of Columbia policemen, who had been on his trail.

When Rabb reached this point in his testimony the court adjourned. The cross-examination will be begun this morning.

The taking the testimony of the witnesses for the State consumed nearly all of the morning session and part of the afternoon.

Jailor Smith Had Right to Arrest.

Solicitor Cobb first introduced evidence to prove that Hilton T. Smith was a regularly employed member of the Columbia police force, Dr. S. E. Harmon, who attended the deceased, testified as to the nature of the wound which caused his death.

W. C. Cathcart, chief of the Columbia police force, told of the arrest of Rabb at Blaney and that Rabb had told him after the arrest that he “had a tussle with Mr. Smith in the dark hollow just before you get to the jail,” and that “Mr. Smith’s pistol dropped out of his pocket and he picked it up and shot him.”

Bryan Morgan said that he bought a pistol from Rabb. According to his testimony, the negro, told him that he was on his way to Hamlet to work for the Seaboard.

W. H. Gibbes, W. S. Reamer and W. M. Otis, all former members of the police commission which elected Hilton T. Smith, city jailor, each testified that the late officer was duly qualified to make arrest.

Priscilla Williams, a negro woman, living at 815 Plain street, testified that she heard four shots and ran out of the back door of her house through the alley to Taylor street, where she found Officer Smith lying on the ground. When she reached him John Rabb was still standing there, but he immediately turned and ran up the street.

C. C. Billingsly, L. M. Pratt and J. E. Ford, all testified that they found Officer Smith lying on the ground and that the deceased had said that John Rabb had shot him while there were having a tussle. They also said that they heard four shots.

Withdrew Prisoner’s Wife.

Charity Rabb, the wife of John Rabb, was next put on the stand. The defense objected to her testifying on the grounds that a wife can not be compelled to testify against her husband. THe witness was withdrawn for the time being until the attorneys could look up their authorities and present them to the court.

Lon Jackson and Isabella Parks both testified that on his way to his house after the shooting, Rabb had warned them to stand back or he would shoot them.

Gladys Jones, a negro girl, said that John Rabb had thrown a lamp at his wife just before Officer Smith arrested him. She was the last witness to testify before the the adjournment for dinner.

When the afternoon session begun Charity Rabb, John Rabb’s wife, was called back to the stand by Solicitor Cobb. She also said that her husband had thrown a lamp at her and said she had gone with her step-son for Officer Smith to have him arrested. Rabb’s wife evinced a decided indisposition to answer some of the questions asked her.

Waddel Harris and Daniel McDaniel were the last two witnesses for the State. Their testimony brought out nothing new. The State rested at 4:50 p.m.

Rabb’s Arrest.

The first witness for the defense was J. M. Rodgers, a member of the Columbia police force. He told of Rabb’s arrest at Blaney and of bringing the prisoner back to Columbia in an automobile. Officers J. E. Thorn and J. T. Starling both testified along similar lines.

E. A. Allworden, a former member of the Columbia police commission, said on the stand that the city jailor was a regular policeman and had a right to leave the jail and make arrests.

E. W. Crouch, the stenographer who took the evidence at the inquest, was asked to identify on the stand a statement made by W. C. Cathcart at the inquest and to certify that the typewritten copy was correct.

The defense introduced three character witnesses, two of whom testified that the general reputation of Officer Smith was bad and the other said that she did not know what reputation he bore.

Defense Will be Continued.

Then John Rabb was placed on the stand. He told his story with many gestures and illustrative poses. The telling occupied half an hour and when the time for adjournment came, the accused had not finished. He will be allowed to continue this morning and will be subjected to cross-examination.

The attorneys for the defense are George Taylor and E. L. Craig, who were appointed at the term of court just previous to this one to defend Rabb. Solicitor Wade Hampton Cobb is conducting the State’s case unaided.

The following jury is sitting on the case:

D. R. Flenniken, Foreman; J. H. Berry, B. F. David, H. F. Buechel, C. R. Fripp, J. C. Ott, T. J. Arthur, S. R. Lever, D. H. Ott, E. A. Price, E. D. Hammond, W. L. Bennett.