Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-07-25
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comment:
EXECUTIVE DEPARTMENT, NASHVILLE,
Tenn, July %, 1872.-Jno. G. Brown,
Governor of the State of Tennessee-To all
who shall see these presents, and especially
to the Sheriff and Tailor of Shelby county,
and to the Warden and other officers of the
State Penitentiary, greeting: Whereas,
Daniel Smith alias Dan Smith, of our coun-
~ OF Shelby, was indicted and convicted in
the Criminal Court of Shelby county of the
crime of murder in the first degree, and
was sentenced to be executed, and upon
appeal by him to the Supreme Court for the
Western Division Of the State of Tenness ee,
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 thereupon sentenced
to be hanged by the neck, by the Sheriff of
Shelby county, on the 2Sth day OF
June, 1872, within one mile of the
Courthouse of said county, upon gallows
to be erected by the said sheriff until the
said Daniel Smith alias Dan Smith should
be dead: and whereas the said Daniel
Smith alias Dan Smith did heretofore, and
previous to the 26.h day of June, 1872.
make application TO have said sentence of
death commuted to Imprisonment for life
in the State Penitentiary; and whereas att
er a careful inspection of the records and
facts in the case and full consideration of
the statements and matters set forth in the
petitions and applications made in behalf Of
said Smith said application was refused; and
whereas the said Daniel Smith did there
after pray for a respite of said sentence of
death by hanging which upon the 265h day
of June, 1872, was granted until the "a day
of August, 1872, in order that the said Dan
lei Smith might have time to prepare for
death, and proclamation aud prop
orders were issued from this ONCE
to carry said respite into
execution; and, whereas, since the making
of said proclamation and orders granting
and directing said respite, but refusing TO
commute said sentence, the Supreme
Court of Tennessee while sitting as
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 lis
minutes in said case in the words and
figures following, to wit:
"Dan Smith VS.. the State of Tennessee.
In this cause the Court being of opinion
that the circumstances of the murder was
such as TO justify the Governor in commut-
ing the punishment to Imprisonment for
life, it is therefore recommended to the
Governor to grant the Communication"
Aud, whereas, the Judges of said Court
did in an application signed by them and
which is in the following words, to-wit:
ave have no doubt of the guilt of Dan
Smith, as found by the jury, but We recog-
nize there are different degrees of enormity
in murder in the first degree, and as We
think the circumstances of the case show
that Smiths crime was not of tie
highest degree as to enormity, we
think it is proper case for Communication
by the Executive"
Now, therefore, /, Jno. G. Brown, Gov
ernor of the State of Tennessee, in consid-
Grafton of the recommendation of said Su-
preme Court, and contained. in said order
and deferring to the opinion as expressed
by said order and the judges of said Court,
and recognizing their superior opportuni-
ties to correctly determine the magnitude of
the offence committed by the said Daniel
Smith, and the proper degree of punish
ment to be inflicted for the same, by virtue
of the power and authority in me yes ed
by the constitution and laws of the State of
Tennessee, and under the provisions of sec
ton 1859 of the Code of Tennessee, do
hereby commute the punishment ofthe said
Daniel Smith alias Dan Smith from death
to Imprisonment for the term OF his life in
the State Penitentiary, and the sheriff and
jailor of Shelby county will conform to the
order of Communication, and will not execute
said sentence of death by hanging as here
tofore directed, but said jailor will deliver
the body Of the said Daniel Smith. alias
Dan Smith, to the Sheriff of Shelby county.
who will Immediately transport and deliver
him to the proper officers of the State Peni-
Tertiary at Nashville, the capital of the State
of Tennessee, together with this order; and
the officers of the State Penitentiary in con-
formity herewith and as required bv the
Code of Tennessee, section 5,496, will re-
ceive the said Daniel Smith, alias Dan
Smith, in the penitentiary and confne him
at hard labor in said penitentiary during his
life.
In testimony whereof, have hereunto
set my hand and official seal Of signature.
have caused the great seal of the State of
Tennessee to be affixed at the Executive
Department at Nashville, this oath day of
July, 1872. +
By the Governor. JNo. G. BROWN.
T. Fl. BUTLER, Secretary of State.