The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-11-19
FOUR YEARS AT HARD LABOR.
~Bnl" Smiths Penalty for Trying to
Crack the Waycross Postoface.

EBul" Smiths Penalty for Trying to
Crack the Waycross Postofhce.
"BiIln Smith was convicted in the United
States circuit court yesterday of an
attempt 20 break into the postoffice at Way
cross and was sentenced to four years in
the Ohio penitentiary and to pay fine of
$1,000 The jury was out only a few min
utes. On the trial before the jury evidence
was brought out tending strongly to show
that there were others implicated in the
attempted robbery.
While there was at no time any doubt of
the guilt Of the prisoner, the technical
points raised by his counsel, MIR. W. 5.
Chisholm, Jr., in demurring to the indict-
ment, made it look for awhile as if the guilty
man would be acquitted, and District
Attorney Erwin admitted that he had
found it exceedingly difficult to frame an
Indictment that would obviate technical
pleading on a motion to quash.
The ruling Of the court, however, when
the case came on for trial, swept away all
the cobwebs which had been carefully
woven around the case aud forced the pris-
oner to go before the jury for trial.
In brief, Smith was found, near nightfall,
concealed under the counter of an aban-
doned store-room, the Wayoross postoffice
being located in the same room. Although
the postoffice was in the same room, a
partition reached nearly to the ceiling,
separating the postofiice proper from the
unused store-room. In Smiths place of
concealment were also found a revolver and
Ratchet, which he had brought with him
when he entered the room and concealed
himself to await a suitable hour for the
descent upon the postoffice.
When the case came on for hearing yes
terday morning Judge Speer held that the
indictment was sufficient in law. and that
the case must go to the jury. He held that
the word attempt" used in the United
States Statutes, making it a crime to break
into pcstotfice, had to be construed &C
cording to its legal significance as the term
is defined at common law; that so long as
an act rests in bare intention, it is not pun
ishable, but when an act is done, the law
judges not only Of the act done,
but Of the intent with which it is
done, and if accompanied with an
unlawful and malicious intent, though the
act itself would be innocent, the intent be-
ing criminal the act bee mes criminal and
punishable. AT common law, any form of
attempt to accomplish a criminal result
where the act, which combines with the in
tent, is of sufficient magnitude and APP
proaches sufficiently near the result which
is meant to be reached, is indictable.
The court held further, that mere ante
cedeut preparations, without any step taken
towards the commission of the offense, is
not an attempt, but when there is an act
done approximating to the commission of
the otfense, as procuring die for coinage,
this is held at common law to be an attempt
to coin, and the procuring of counterfeit
coin with intent to pass it as good, is held
as an attempt to utter counterfeit coin.
As the Indictment against Smith charged
that he had procured two burglarious tools,
pistol and Ratchet, and had secretly
en- cred the outer room In which the post
office was situated, and secreted himself,
together with the pistol and the Ratchet,
under counter, at late hour in the even
ing, with intent to break into the Enclosure
used as postoffice, the charge was we'll
pleaded in the Indictment, and it was for
the jury to say, from the evidence, whether
the acts charged were done and performed
with the intent charged.
After the conviction of the prisoner, and
when the court proceeded to pass sentence,
Judge Speer alluded TO a former robbery of
the Waycross postoffice, at which time
nearly $4,000 had been carried off, and even
the clothing of the presiding judge of the
court of that district had been stolen about
the same time. The court, in view of the
fact, was not inclined to be lenient with the
prisoner.