Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1892-06-25
Judge FauIkner's Sentence of Smooth,
the Murderer.

'.The prisoner was brought into
court on Thursday at ll:30 for SEN
tence. When asked by the clerk if
he had anything to say why the SEN
tence of the court should not be pro-
nounced against him, he huskily re-
sponded: "Nothlng."
Judge Faulkner then proceeded to
pass sentence. He informed the
prisoner that he had been indicted
for the murder of Susie G. Terrell
on the 2lst of January, at Shepherds
town, to which indictment he plead
not guilty, that the real and only
defense was partial insanity, that
a jury after carefully considering
and weighing the evidence, had found
him guilty Of murder in the first de-
gree. That his counsel, determined
to do all they could, had madea mo-
ton for new trial, which the court
felt compelled to over-rule, and the
duty of imposing sentence according
to law devolved upon the court. The
Judge said that in his experience no
case had been SO ably and skillfully
conducted, and that counsel had done
everything which they could legiti-
mately and properly do in the de-
Tense. That all the evidence which
might properly benefit the prisoner
was fully presented, and that no
stronger appeals could have been
made in behalf of the accused. That
the jury that tried him was patient
and attentive, and had faithfully and
conscientiously discharged the I'M
sought duty which devolyed upon
them, that the execution of the SEN
tence, for the crime which he had
committed, could not bring back the
fife of the innocent girl, nor could it
relieve the sorrowing hearts of the
aged grandparents, or fill the vacant
chair, but that society, law and JUS
tice, in such cases, demanded a life
for life.
When the fatal shot was fred by
you (said Judge Faulkner in Ian
guage as near as we could get) on
that cold winter eve, when all around
was merriment and joy, from hatred,
passion. jealousy or other cause, and
the spirit of your helpless, frighten-
ed victim, in the twinkling of an eye,
passed from earth to heaven, you
surrendered all claim 20 freedom and
life. The enormity of your crime
and the fearful consequences which
follow from it, must now be apparent
to you. 1t is not unkind for me to
remind you of the anguish, pain and
suffering that you have brought upon
your own loving sisters and devoted
brothers, who, In your trouble, have
stoc'' nob'y by you, and endeavored
Ill e,erY proper way to do what the
could to make the burden brought
upon yourself, as light as possible.
They have, and they well deserve,
the sympathy of all, and doubtless,
had their advice been followed, you
would not be where you are to-day.
You yet have time to humble your
self before that Great Judge. and beg
and plead for mercy. No one can
help you there; your own honest,
earnest appeals are all that can bene-
fit you. May you fully realize your
condition and prepare to meet your
God, for what say means death,
unless stayed by that single tribunal
which may review what has been
done nv this court.
1t is therefore ordered by the
court, that you, the said Harry F.
Smooth, be hanged by the neck until
you are dead, and it is further order
ed that the execution of this be made
and done upon you. the said Harry
f. Smooth, by the Sheriff of Jeffer-
son County, on Friday, the It'll day
of October, between the hours of 10
in the forenoon and in the after
noon, in the Jail ,ard of the Jail in
which you are now confined, under
the regulations prescribed by law
The prisoner remained unmoved.
GbGrIpsto3e13 4dlnnofe