The daily gazette., 1878-03-25
A Fair Statement.
THE "woRLD" CORRESPONDENT THINKS
INJUSTICE HAS BEEN DONE THE

tdlBt CITY papers, tndt Iurhlsncu tne
New York World was the most fair aud
just in its statement. The correspondent
says:
"Such diverse statements about the
character of the offence committed by
these two men have been current, and
! the case has attracted so Iauch notice.
that your correspondent has inyegtigated
the circumstances closely, and come to
the conclusion that injustice has been
done TO the Delaware authorities. The
negroes were tried at the November
term Of the Oyer and Terminer at New
Castle, convicted and sentenced to be
hanged on March -. Their assault upon
Kate Smith was committed on land
owned by John Z. Cochran, Governor
| OF Delaware, near his residence, and
about a mile from Middletown. The
/ two negroes were at the time employed
on the Governors mansion farm. Kate
Smith and her so-called husband belong
ed TO the class called "tramps," who
throng the peach-growing districts in the
season, seeking employment of the
peach-growers. The time August -. was
the height of the season. At the trial
the testimony of the Smiths, cOrrobora-
| ted by other testimony and by the cir
cumstanceS, was conclusive against the
| prisoners, the assault appearing TO have
been so brutal and so horrible in its de-
tails that everybody concurred in the
verdict.
But it so happened that the men and
women We're confined for considerable
period in the county Jail at New Castle,
IN default Of bail. TO secure their appear
ance at court a. witnesses. While in
prison, the alleged husband, Smith, made
the acquaintance of a prisoner named
Titus, under sentence for arson. After
the trial and their discharge from con-
tinement Smith and his alleged wife took
lodgings in Philadelphia where they still
| live. Shortly after reaching Philadel-
! phia, it appears by a letter Of Smith TO
Titus, who Is still in New Castle jail, he
| quarrelled with his wife and separated
from her. Subsequent investigation
shows that he was confined in the Phila-
delphia House OF Correction for drunk
enness and disorder, and was man of
depraved character and notoriously un-
trustworthy. In his letter 10 Titus, how
ever, he charged that his wife was a dis
sipated aud lewd woman, and that so
much OF her testimony as well as his
own at the trial as proved their marriage
was false and feigned Yet in his letter
10 Titus he declared that the negroes had
committed the outrage upon her as
charged in the Indictment under which
they had been convicted. When the
contents of this letter were made known
by Titus in January last an immediate
effort was made to obtain from Governor
Cochran the pardon of the negroes, or at
least reprieye. The grounds for the APP
plication were, first, that the prosecuirix
was common woman andtAerefore con-
sented TO the purposes of the negroes,
and second, that having as Smith alleges,
sworn falsely TO the fact of marriage
with him, she was thereby discredited
and unworthy of belief These allega-
tions Of Smith have been presented to
Governor Cochran with all the force and
earnestness of the jealous counsel for
the accused, as after-discovered evidence,
creating doubt of their guilt and of the
correctness and justice of the verdict,
and as reason for at least a reprieve for
the purpose iof securing, if possible,
new trial.
"The Gov. briefly reviewed the allega-
tlons urged in behalf of the condemned,
showing that they were immaterial, even
II admitted 10 be true, but stating that
the investigation by himself and the
State officers satisfied him that Smiths
statements were not suffi to create
IN the mind OF any reasonable man the
slightest doubt Of their guilt"
NOW, gentlemen" said the Governor,
al recognize you as fair-minded intelli-
gent representative citizens Of Newcastle
County, and make you this pledge: /
will show you the locality where this
shocking crime was committed; / will
show you the direction and distance
traversed by these negroes with their
victim, and then | will place before you
all the evidence for aud against them,
and II you do not then say they are
guilty and should at once suffer the ex-
treme penalty Of the law / promise You
that will pardon them this night"
The sequel wa, significant. The gen
tlemen with one accord declared that the
published statements had utterly misled
them and the people of their cornlnuni-
Y, and that they fully concurred IN the
Governors conclusions They very gem
erallv urged him not to interfere with
the due execution Of the sentence of the
Court. Gpon further inquiry it appears
that the woman still asserts herInarriape
and that she was the victim Of violence.
In regard 10 the forcibl outrage She is
corro oborated by the confession OF Collins
himself
Sm this allegations against his wife has
been assumed to be true By some Of the
Delaware newspapers and by many OF
the papers outside the State, and an in
: discriminating cry has been raised
In favor OF the prisoners and against the
State authorities, and especially the Cow
ernor, who, after long and thorough
INV tntIEdtlOn oil the 1dctS alleged by
| smith, and Of all others material to the
| question Of guilt, refused to stay the SEN
tence OF death. Indeed many well-Inean-
ing citizens, especially in Wilmington
and that portion Of the county remote
| from the scene of the occurrence, where
| the true circumstances are known, have
been lnlNled into making an effort to
| urge the Governor to pardon or respite
the condemned, only TO retrace their
steps and withdraw their influence in
thai direction when they have learned
| The facts Of the case. Take an instance.
| Yesterday afternoon being the day be-
fore that fixed for the execution. after
many minor efforts of the like kind. A
large delegation of the most prominent
citizens of Wilmington, representing
the largest manufacturing bllsines. iI-
terests Of that city, proceeded to the
| Governors residence at Aiddletown.
where they had an interview with Gov.
ernor Cochran, attended by Ignatius G..
Grubb, Secretary OF State, for the pur-
pose OF making final appeal with a
viewtogiving thema chanceforanew trial
| If possible. Governor Coceran told HE
delegation that he desired to hear every-
thing which could be urged in favor OF
clemency towards the condemned, and
especially all facts tending to disproye
their guilt. The gentlemen frankly con.
fessed that they had no new facts to pre-