Morning journal and courier., 1882-06-20
,5uutnaI ano OOnrter.
Tuesday Morning.. June 20, 1882.
"Chip" Smith Doomed.
The Writ of Error Not Sustained by tn

OAlF J OmlInS aLLOFueyS 1OL u A0" eAAe'A3
 which was argued last week. There were but
 few persons in the court room aside from the
 court officials and the reporters. The court
 opened at 10:05 and then Chief Justice Park
 announced recess of thirty minutes. The
 judges retired to their private room for COR
 sultetion and at 10:37 again returned, and
 the Chief Justice said to Messenger Stevens
 ''You may go for the coun :el for the defense
 in the Smith case.' One of the other judges
 added ''Also notify the State attorney"
 At ten minutes to Il State Attorney Doc
 little was in waiting in court. Then MT.
 Stevens reported that he had been to the of-
 fee of Mir, Blydenburgh, of counsel for the
 defense, but could not find him. Five min
 utes later word was brought in that MT. Fox
 could not be found. Sheriff Byxbee explained
 to the court that when Mir. Fox had shortly before been in the room it was understood he would go to his office and there remain to be sent for if needed. After a few moments deliberation Chief Justice Park said: 'In the case of the State of Connecticut vs. James Smith, being writ of error, is there
 any error in the judgment complained of?
 Judge Sanford, what is your opinion?" Judge Sanford-It is my opinion, MT. Cnlet JuSt1Co that there IS no error ana tlaG the indictment is sufficient.
 Judge Loomis-I concur in the opinion. Judge Pardee-I also concur. | Judge Carpenter-I am of the same opin- ion.
 Chief Justice Park-I likewise an of the
 same opinion.
 He then added-Mr. Clerk, in this case the Supreme Court of Errors now in session, decides that there Is no error and that the indictment is sufficient.
 State Attorney Doolitt1e-I now ask the court to appoint 8 time for the execution of the original judgment.
 Chief Justice Park-Mr. Sheriff, you may send for the prisoner.
 Judge Pardee-And his counsel also. MT. Doolittle then read from the statutes to show that it was the duty of the court to fix day for Smiths execution, closing the citation by reading: ''The Supreme Court of errors, after the final determination of I such writ, shall appoint the time for the execution of such judgment, and the clerk of said court shall issue writ of execution therefor accordingly"
 After few moments the Chief Justice an- nounced recess until 12 o'clock, nearly an hour. Shortly after Messrs. Blydenburgh and Fox both came into court and heard with dismay the bad news.
 l 11:3O Jailer Stevens came into court with 1 Smith. The prisoner was not handcufed and at once took 8 seat in front of the sher | ifs desk. MT. Fox sat to his right and Mir Blydenburgh to h1s left. The young man | looked very much cast down, although Mir. | Stevens said he had not told him what had ] been done by the court; probably the youth surmised it. Mir. Stevens added that while | riding down from the jail Smith had not ut tered word. For few moments Messrs Fox and Blyden burgh whispered with the ! prisoner, and if he did not know the courts decision before he did then. Both lawyers seemed to be offering him all possible en- couragement. Smith wore dark coat, Ii ght- colored trousers striped with black, low cut shoes and light blue woolen shirt laced down the front with yellow cord. For the fifteen minutes preceding the appearance of the judges he sat silent between his attorneys, ! looking vacantly before him with wrinkled brow and fixed features He seemed to fully appreciate his situation.
 At HAS the judges came out of their room, State Attorney Donlitte was sent for When he came in the Chief Justice said "Do counsel wish to be heard as to the time the Supreme Court shall appoint for the ex- ecution of James Smith ?'
 Judge Blydenburgh-I would ask, if your honors please, what time must be fixed? MT. Doolittle asked if the attorney desired the decision of the court in aovance. Mir. Blydep burgh-I suppose your honors must TX Ine day "ltnln tne elghGeen months from the eighteenth of April, when the ac- cused was sentenced There should be g chance to bring the matter before the Legis- lature There are two statutes bearing upon | the matter which no doubt your bonors have | considered. One is that the day of execution
 shall be fixed eighteen months after ! conviction. The other I think, which | applies in a case like this, gives you the power to fix later day I have this to say. ! hopb boS 7hcfo oil l to stand between him and his sentence but his counsel They have tried to do their 1 duty and now they continue in that line of l duty by asking your honors to give him all l the time possible. It is not great boon to | ask for young man under sentence of death | and it is not a great boon to grant We ask 1 you to give him all the time you can We | ask it for this reason: That so far as capabil-
 ties will permit him he has shared with his ] counsel the hope that this writ of error | would be sustained. Before this writ was
 brought he had tried to prepare himself for I death and now this action comes as second
 shock after his having been led to expect that
 there might be another trial. I hope you 1 will consider this That, if your honors l please. is all we ask for him.
 ! Mir. Doolittle said all he should do would 1 be to call the attention of the court to the l statutes and to say that they should be car ! ried into effect. The court below had fixed 1 the time of the sentence. The writ of error l simply postponed the time as a matter of | fact the lower court had little to do with the | time The speaker quoted the statutes and ! argued that now all that remained was to fix l the time. The statute relating to the l eighteen months of grace after conviction l was next read. The conviction was found l April IS, 1881, and eighteen months from l that would be October IS next In the l opinion of the speaker the court could fix any time before October IS, and he would sug- l gest that the day of execution be fixed to l take place before that day.
 1 Mir. Blydenburgh supposed case where | the writ of error carried the case beyond the l eighteen months and then held that the court had the power, in such case, to fix the day | of execution bey ond the eighteen months. l The object of the eighteen montbs of grace I was to give the accused 8 chance to appeal to 1 the Legislature-the Board of Pardons. | Mir. Doolittle spoke In favor of the har- mony of the law. He said the eighteen | months provision was not adopted to give I the accused chance to appeal to the Legis, lature, but to give him time to repent-noth- ing else.
 When Mr. Dcolittle had concluded Chief Justice Park said the court would retire to consult
 Justice then said:
 Judge Sanford, what day and between what hours of that day shall this court ap- point for the execution of the sentence rem dered by the Superior Court at its April term, 1881, upon the conviction of James Smith for murder in the first degree?' In solemn tones Judge Sanford replied
 q name the first day of September, 1882,
 between the hours of 10 o'clock in the fore-
 noon and in the afternoon
 In turn the same question was put to each
 of the other judges and they concurred, in-
 cluding the Chief Justice.
 The latter then said ''Mr Clerk, this
 court now in session appoints the first day of
 September, in the year of our Lord, 1882,
 and between the hours of 10 in the forenoon
 and 2 in the afternoon as the time for the
 execution of the judgment of the Superior
 Court rendered at the April term, 1881,
 against James Smith, upon his conviction of
 the crime of murder In the first degree"
 Smith never moved during this utterance,
 but sat gazing steadfastly at the Chief Justice
 as if trying to comprehend the full import
 of what was said. The only change observ-
 able was that he grew red in the face the
 change being very noticeable, as when he first
 came into court the pallor of his face had at-
 tracted attention, it being attributed to his
 long confinement
 The Chief Justice then handed the written
 judgment of the court to MT. Ingersoll, after
 which be said ''The sheriff will take charge
 of the prisoner" His next utterance was |:
 s'Mr Sheriff, you may adjourn this Supreme
 Court of Errors without day."
 THE JUDGMENT OF THE COURT