National Republican., 1880-04-21
SMOTHERS CONVICTED.
Satisfactory Ending of the Trial in
the Criminal Court.
The jury Out Twonty-three Mlnutes-NotIco
Given of n Motion for n New Trial
The Minds of the Jury Made Up
Two Days Ago-A Day Thrown
Away in Arguing tho
Cnsc-Court Scenes,
Conclusion of Tom smothors' Trial


The trial Of Thomas smothcrs' indicted for
rape upon Miss Lena Leins on the night of
the 27th of February last, was completed yes
to-day When the court convened at 10 o'clock,
the counsel on both sides wero in their places
and Justice James directed the hearing to pro-
ceed.
Mr.. Davenport announced that he bad been
uuwell since the adjournment, but would
have his prayers in readiness to submit prior
to addressing the jury. Mr. Perry then began
his argument
He spoke first of the manner In which the
case bad been tried upon both sides, of the
promise of the defense to show that corruption
aud threats had boon used upon the part Ofthe
Government to secure q conviction, and OF his
total failure to prove tho charge as promised.
He then proceeded to review the testimony,
and went on to show that while no doubt ex.
isted of the committing of the crime the at
tempt to set up un alibi had failed, and no
doubt existed In his mind that the accused
was guilty as charged
Mr.. Howard b. Clagett followed for tho de-
Tense. He replied to the structures made by
Mr.. Perry upon the conduct Of the counsel,
for the defense, in their management of tho
case, and dsclaimed that anything had been
done by them improper and not within the
line Of their defense. He then proceeded to
argue the point as TO the suficiency of the
alib set up by them, and maintained that It
was fully made out and their clients inno-
cence of the crime fully established. II was
Mr.. Clagetts first argument before jury, and
his effort was pronounced excellent and very
able.
Mr.. Davenport closed for tho defense, max.
| ing q thorough roview of the evidence, assert
ing that an alibi had been proven fully and
complete, and that his client was entitled to
an acquittal.
District.Attorney Corkhill summed up
| L. n Al, a., IL f1,a
evidence, spoke Of the enormity of the crime,
charged that the aibi was idle fiction, and the
attempt to support 1t poor. He maintained
that proof ample and abundant had been ad.
duced to convict tho defendant OF tho charge,
and he thought the Government fully justif-
able in asking verdict at their hands.
At 4;30 o'clock Justice James began the de-
livery Of his charge, which occupied ono hour
and fifteen minutes and tho jury then re-
tired.
The counsel for the defense excepted gon-
orally aud specifically to the charge. Tho
judge announced that he would return at
o'clock and receive the verdict, If at that time
they were prepared to deliver Que. As His
Honor was passing down the west steps of the
City Hall, leaving tho building to get his din.
ner, q bailif hastened toward him and said
that the Jury had agreed. Ho returned Ia
tho courtroom, and District-Attorney Cork.
hill and his assistant, Mr.. Perry, who had
been in their Office, entered at the same time
The jury then came down and took seats, hav
ing been out twenty y-thrce minutes The
clerk OF the court and the counsel for tho do
fenso were sent for, and getting them there
occupied fully half an hour
| There wero very few spectators IN the room
and among tho number were Scroggs ant
Woods, the two witnesses for the defense tina
swore to the whereabouts OF Smothors at
o'clock.
Captain Camp, assistant clerk. being th
most accessible, was procured and took th
verdict. At G:30 o'clock the jury was called
and In response TO the inquiry Foreman En-
inert responded: Guilty as indicted" TIL
Jury WINS then poled and each juror responds
in accordance with the foreman.
Mr.. Clagett gavo notice of motion for
new trial.
The Court directed that the marshal provid
, dinner for those jurors who desire, and the
all accepted.
Smothers seemed perfectly Indifferent to tn
result, and received tho verdict with the sam
. GOODNESS that had marked him throughout th
= trial. Subsequent inquiry developed the fac
that after the evidence closed on both side
last Monday night, the .ury at their hotel too
u vote, which showed that they had agree
upon a verdict of guilty. They came int
% court yesterday, and knowing that their mind
9 were made up rs to the decision in the cas-
2 still thoy sat quietly and patiently throug
IS tho entire day and listened to the argl
= ments of the attorneys. Their retiring WI
% onlya matter of form. Perhaps this facs wi
y bo satisfactory commentary upon lonI
n | winded arguments and give juries credit io
S possessing common sense and ability tojudso
2 the facts of case in which they arc sitting
- judges. 1t shows that men talk unnecessaril.
> and one day more than requisite was spent
the conduct OF the trial