The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-06-01
FIDDLER SMITH GETS IT.
Twenty Yefls FOR the Murder Of
George Hastings.
Special 10 The sundas Morning Nssos

Special to the Sunday Morning Nesos
NEWARK, May 81, is9O.--James, alias
Fiddler" Smith, who killed George
Hastings on March 81, and was found
guilty Of murder in the second degree,
was sentenced 70 twenty years In State
Prison by Judge Depue this morning
Constable Collins visited the Jail this
morning and, going 60 Smiths cell, re-
marked to him:-.'J Jimmy. I've come to
take You down to court to get your SEN
tencen
''AlI right replied Smith, I'lI 60. l
guess it won't be too heavy
The prisoner exhibited no nervousness,
and when brought INTO court his face ex-
pressed the same stoiid indifference that
he had exhibited throughout the trial.
In passing sentence Judge Depue said:-
.fhe verdict in this case, in view of
the character of the defence, is one of
considerable Importance. 1t was claimed
that the man was insane at the time OF
committing the act which ended IN the
death Of one OF his fe;low-beings. The
law has no prejudice against the plea of
insanity, but there is a prejudice against
the evidence offered to sustain such q
defence. | can refer to an instance in
which q man was acquitted Of murder
uQUH 6uC0 u 0t1e1C6 hI1Q Is now Wt41klUk
around and as capable OF attending To
his business as any man. l have given
a great deal OF attention to the evidence
in the case of Smith, owing to the fact
that a number Of witnesses, among whom
was the superintendent Of the County
Asylum for Insane. had testified that
Smith was incapable OF distinguishing
right from wrong and could not under
stand the nature Of the act lie was COM
hitting.
DISTRIBUTING INSANITY EVIDENCE
81 think the facts In tine case did not
support the evidence OF the medical men
who testified upon the trial Smiths as
sociates had described him as q little of ,
but never until this crime was committed
was there any suspicion that he was in
sane. 1t was shown that he was deaf,
suspicious and subject to hallucinatjon,
but he was able to go about and attend
to his ordinary business. In view of his
conduct in the factory, his looking around
for Hastings, his drawing a knife and
stabbing has victim five times, his ASSAULT
on Busier and his remarks when captured
biz FueR IN the shop, It surprises me that
tile doctors regarded the actions of the
prisoner as evidence of insanity When
a mad dog abstains from biting his mas
ter shall be more ready to adopt such
views ON insanity.
$40 say that man who shows as much
caution and deliberation as did the pris-
oner is insane is preposterous. Counsel
for the Chicago Anarchists, it would
seem, made grave mistake in present
ing their case. These men were under
the delusion that society was against
them, that they were oppressed and down
trodden and that by the nse of bombs
they could right themselves. They were
under an insane deIusioU. IL there was
no foundation in fact for this, therefore
it might be argued that they We're insane
and not responsible tor their acts.
MURDER IN THE FIRST DEGREE
81 think the verdict of the jury in the
case should, in view of the evidence, have
been that of murder in the first degree.
At the same time, however, / am not dis
satisfied with the verdict. Any result in
homicide case short of murder in the
first degree is desirable If there be any
facts TO Justify such verdict | will re-
fer TO the fact that the law gives to a man
who commits murder while drunk the
benefit of a defence that may result in q
verdict of murder in the second degree
The Judgment should not be less than the
full penalty OF the law. The cutting Of
Hastings was done in furious manner
and five wounds were inflicted, two of
them fatal Butler only escaped death
by miracle. The prisoner viii now re-
ceiye his sentence. Sheriff Hine, will you
please communicate it to him?2
The Sheriff stepped TO Smiths side and
repeated 10 him the words OF the j udge-
prisoner at the bar, the sentence of
this Court Is that you be confined IN the
State Prison at Trenton at hard labor for
the period of twenty years and then until
the costs are paid"
Smith received his sentence without
moving muscle of his face, and was
taken back to prison.
Just before being taken back to jail
Smiths temper suddenly became ruf1ed.
tits shame he Indignantly re-
marked to Sheriff Hine, sending me TO
prison for twenty years; it's too much;
one year would have been plenty. Ihoped
| could get out soon, SO as to kill some
more of the - - who plotted
against me, but I'll Kill them yet Every
one is against me now; wait till | get
OUT"
BY the time the jail was reached he had
become Quieter and entered his cell with
out word. He will Eprobably be taken
to Trenton tomorrow.