The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-27
NOR JUsTifTAbLE KILLING.
John Smith Sentenced for Life, mt go. for the
Murder OF Henry Mndden.

Henry Madden, William Green, and Rob
crt Heating. English sailors. the first being n
sailor OF the bnrk Iumbcrt. entered Tho
Sailors Return" II barroom at 10 Oliver street.
Mt about O'Clock on the evening OF the 23d Of
January last. Thoy had been drinking. and
Madden and Heating were intoxicated. After
the three had drank. Madden laid down on a
lounge In the barroom. and fell asleep. Then
Green and Heating went out. They drank in
tho noighboring barrooms until II o'clock. and
then rcjh,rred ." The Sailors Return" As they
crossed the threshold they saw John Smith. the
proprietor, dragging across the barrOOm by
h'r hair Nellie Nhitbgck. an inmate OF the
house. ll"r nose was bleeding, and she was
crying Ilclpl MurderP Smith dragged her
up to the head OF the stairway. intending. rs he
said, TO lock her in her own room until she
would promise not 10 be noisy In the bnrroom
Green aud Heating ran up the stairway and
told Smith to release Miss Whtbeck. He
obeyed. and she ran down into the street.
separated them. Green and Heating went
down 70 the barroom. Smith rushed in mo-
aimed ut Green. and pulled the trigger. but the
cartridge was not exploded. Then Green and
heating took the revolver from Smith and gave
u To- Mrs Smith, who was behind the bar.
Smith then struck Green. and there was bout
ut isticuns. Smith WIS wOrsted. and then he
gun, and returned. As he was about to enter
the barroom, Mrs. Smith slammed the door in
his face He reappeared almost instantly at a
Mrs Smith ran toward the window. waving her
hands and CRYING. Don't shootw Then Smith
stepped aside. and then there was a flash Mt the
window, a crash ot glass, and report. Mad
den fell TO the floor, bleeding from a large
smith said to the officer who arrested him. Il
shot him."
Smith was tried in the General Sessions. His
trial lasted three days. The defence was that
Smith shot Madden only when he believed that
his own lie WAS in imminent peril. The jury
convicted Smith OF murder in the second de-
gree. He WAS arrtgned yesterday for sentence.
When Smith stood nt the bar, his healthy
color lhd Deen yhYnged TO nlotched red, and
there were bluish lines near the corners of his
eyes. He cutchcd the bar and stared at n figure
IN the carpet within the bar His counsel made
lengthy motion for n new trial. which was de-
John Smith" Judge Cowlng said. and Smith
fixed his eyes upon the magistrates face. you
stand at this bar convicted Of a most wicked Of
fence against the law of the land. Before 1873
the jury that convicted you might have found
you 10 lose your life. have read In the books
many cases wherein capital punishment was
IMPOSED IN that 40 not present so many uniayor-
able points TO the prisoner as your case. The
killing OF Madden was. in my opinion, utterly
unjusuhabe. He did not raise his hand against
you. he even spared your life after he had as
sisted IN taking the revolver from you. He
might have shot you. but he handed the re-
pie opportunity to avoid renewal OF the con-
nict. ran TO your bedroom. obtained a shotgun
and killed Madden. The law gives me no dis
that the penalty of conviction OF murder in the
second degree shall be Imprisonment In State
prison for life"
Here Smiths face paled Capt. LINDSAY
beckoned to an officer to stand behind him lest
he should fall.
The Judge continued: The sentence that
am about to pronounce. hope will be ter
riole warning to all men In this city that they
cannot commit horrible crimes with IMMUNITY
ln this way, trust society will be benefited by
your deserved punishment I sentence you 10
State prison; at hard labor. for the term OF your
natural life"
The prisoner staggered. his face became
deadly white and his whole frame quivered.
He turned his eyes. fixed and CLASSY. toward
Capt; LINDSAY. aud must have fallen had not
the Captain and an officer supported him.
Then he to,tered. bent. and shvering at every
step between the officers. to the prisoners box.
Smith Is 30 years of age. aud is OF more than
the average height. weight. and strength. He
came 10 this country In 1869 from Holland. his
native country. He once kept u sailors board
ing house and barroom In James slip. whence
ne moved. "A few months ago. TO the house at IS
Oliver street. He lived extensively. kent a fast
horse. and was reputed rich.