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 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.