The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-06-13
TWELVE JURYMEN SAY MURDER IN
THE FIRST DEGREE.
SMOOTH, THE MURDERER. MUST PAY
THE PENALTY on THE GALLOws
ron MS CRIME.


The interest of the public was at fever
heat on Saturday evening. After the
closing arguments were made, all the
papers in the case were handed to the
jury, and after some able instructions
from Judge Faulkner, they retired.
The court room was crowded during
the time of adjournment, people fear
ing that they could not find standing
room If they left.
The crowd was almost entirely from
outside of Charlestown and numbered
nearly one thousand. Capt. Baylor's
argument made such an impression
that those who were positive hereto
fore that the verdict would be guilty
in the first degree, were afterward Of
the opinion that the accused would get
off with much lighter sentence. When
the judge and jury came to the court
house door, the crowd was so closely
packed that they had to fight their
way to their places. The prisoners
family were present and were, from
appearances, much more worn than
the prisoner himself.
2 Hon. Marshall Mccormick continued
the argument for the defense at 2;l0
p. M. He asked that the jury should
consider only the facts as laid before
them and not to allow the clamor of
the crowd to sway them in their opin-
ion. He then showed that the prison.
er's character was above reproach, that
the prisoner and deceased were lovers,
and that it was unreasonable to sup
pose that such a crime could be COM
mitted by a person in his right mind.
He took mp the evidence and after go
ing through it, followed in his own
happy style the same line of argument
that Capt Baylor had pursued.
Smootz's case has been ably handled
and ably argued. F. w. Brown be-
gan the closing argument for the State
at 800 p. nj. He answered the argu-
Ement Of the defense in a very logical
speech, during which there was a
stamping Of feet, and a voice cried,
bring him oait,F supposed to refer to
the prisoner, showing that the feeling
of the crowd was against him. He
concluded at 5:17 Court took a re-
cess until o'clock.
Many signifcantrum were afoat,
and the verdict Of the jury was looked
for by the people with ever increasing
|impatience. When the Judge ascend
ed the bench shortly after o'clock,
the crowd was quite as large as in the
afternoon. The prisoner to this time
had not shown the slightest excitement,
The jury retired TO their room at 7.30
p. M, and after an hour Of delibera-
ton, returned and gave their verdict
as follows I'VE, the jury, find the
prisoner, Harry F Smooth guilty as
charged within the indictment, and
we further find him guilty Of murder
in the first degree.
J. D. BUTLER, Foreman.
The judge charged the audience be-
fore the verdict was read that there
should be no expressions of feeling.
The prisoner was the least affected of
all the crowd, and did not culver but
looked as Indifferent as mere specta-
tor. His behavior throughout has
been stolid as an Indian at the stake,
and in the most trying moment Of his
life, when the jury announced their
verdict, he did not even change his
countenance.
There seems to be good grounds for
new trial. The defense intimated
that they would make such a motion.
The judge suspended sentence until
later. No one was present with the
prisoner at the announcement Of the
verdict but his brother, Lawrence.
His sisters were overcome by the strain
and were sick at the hotel.
Thus ended one Of the most cruel
and dastardly murders on the annals
of the country's history. Judge Faulk-
ner has done his part well. In fact
all the attorneys interested in the case
have acquitted themselves admirably.
Too much praise cannot be given the
genial and able States attorney, For
rest W. Browa. He met his combat