Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-07-27
EXECUTIVE DEPARTMEST,
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ANH1a Wilt dNAt - A1fA- '
John G. Brown, Governor of the State
Of Tennessee-TO all who shall see these
presents, and especially TO the Sheriff
and JailOr Of Shelby county, and to the
Warden and other officers Of the State
PeniteBtiary, greeting: WHEREAS,
Daniel Smith alias Dan smith, OF our
county Of Shelby, was indicted and
( convicted In the Criminal Court Of Shell
by county, of the crime Of murder In
the first degree, and was sentenced lobe
executed, and upon appeal byhim 70 tie
Supreme Court for the Western Divi-
I sion of the State of Tennessee, sitting at
Jackson, the Judgment Of said Criminal
Court was by said Supreme Court
affirmed, and he, the said Daniel Smith
alias Dan Smith, was theFeupon SEN
fenced to be hanged BY the
neck, by the Sheriff of Shelby
county, on the twenty-eighth day of
June, 1872, within one mile Of the
courthouse of said county, upon a gal
lows to be erected by the said Sheriff,
until the said Daniel Smith, dEids Dan
Smith, should be dead; and whereas,
/ the said Daniel Smith, alias Dan Smith,
did heretofore, and previous to the TWEEN
ty-sixth day Of june, 1872, make appli-
cation TO have said sentence Of death
cOmmuted to imprisonment for life in
the State peRitentiary; and whereas,
after q careful inspection of the records
and facts in the case, and a full eOnsid-
Grafton Of the statements and matters
set forth IN the petitions and appli-
cations made in behalf of said Smith,
said application was refused; and
whereas, the said Daniel Smith did
thereafter pray for a respite Of said
sentence of death By hanging, which,
upon the twenty-sixth day Of June,
1872, was granted until the second day
Of August, 1872, in order that the said
Daniel Smith might have time to pre-
pare for death, and a proclamation and
proper orders were issued from this Office
to carry said respite into execution; and
whereas, since the making of said pro-
clamation and orders granting and di-
recting said respite, but refusing to COM
mute said sentence, the Supreme Court
of Tennessee, while sitting as q Court,
at Jackson, Tennessee, during the term
aforesaid, in which said sentence Of
death was pronounced upon the said
Daniel Smith made an order upon its
minutes in said case in the words and
figures following, to.wit:
Dan Smith rs the State of TeHnes-
see. In this u the court being of
opinion that the circumstances Of the
murder were such as to Justify the Gov
ernOT in committing the punishment to
Imprisonment for life, it is therefore rec
commended to the Governor to grant the
cOmmutatiOn.r
And, whereas, the Judges of said court
did, in an application signed by them,
and which is in the following words, to-
wit:
awe have no doubt Of the guilt Of
Dan Smith, as found BY the Jury, but
we recognize there are different degrees
of enormity in murder in the first de-
gree, and rs we think the circumstances
of the case show that Smiths crime was
not of the highest degree as to enoTni-
ty, we think Il is a proper case for COM
mutation by the Executive
Now, therefore, L, John c. Brown,
Governor Of the State of Tennessee, in
consideration of the recommendation Of
said Supreme Court, and contained in
said order and defsrring to the opinion
rs expressed by said order and the
Judges of said court, and recognizing
their superior opportunities to correctly
determine the magnitude of the offense
committed by the said Daniel Smith,
and the proper degree of punishment to
be inflicted for the same, by virtue Of
the power and authority in me vested
by the constitution and laws of the State
of Tennessee, and under the provisions
of section five thousand two hundred
and ~ifty-nine Of the Code,Of Tennessee,
do hereby commute the punishment of
the said Daniel Smith alias Dan Smith
from death to Imprisonment for the
term of his life IN the State peni-
Tertiary, and the Sheriff and jailer of
Shelby county viii conform to the order
of Communication, and viii not execute
said sentence of death by hanging as
heretofore directed, but said Tailor will
deliver the body of said Daniel Smith,
alias Dan Smith, to the Sheriff Of Shell
by county, who VIII Immediately trans
port and deliver him to the proper Off
GERS Of the State PenitentiaFy at Nash
vile, the capital Of the StateOf Tennes-
see, together with this order; and the
officers of the State P~enitentiary in con-
formity Herewith and as required by
the Code of Tennessee, section five thou
sand four hundred and ninety-six, will
receive the said Daniel Smith, dads Dan
Smith, in the penitentiary and cOnfine
him at hard labor in said penitentiary
during his life.
In testimony whereof have hereuntO
set my hand and official seal of sigma
ture, and have caused the gFestseal Of the
State Of Tennessee to be affixed at the
Executive Department at Nashville, /
this twenty-fourth day of July, 1sT2.
By the Governor. JOHN c. BROWN.
T.H. BUrLER, Secretary of state