Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1892-05-25
THE VIRGINIA FREE PREss~~rAE OLD FAMILY JOURNAL.
Circuit Court.

On Saturday last the counsel of Harry F
Smootz. who is under indictment for the muir.
der Of Miss Susie Terrell in shepherdstowr
last January, filed petition for change o.
venue. The petition was accompanied by az
idayits of some seven citizens whose belle
was that the feeling aroused by the TRACED :
was still so strong and the popular indigna
ton so great, that the prisoner could not hav,
a fair and impartial trial at the hands OF {
Jefferson county jury and who was further
supported by newspaper lippings-interyiew
with county officials kilograms, etc. indica.
ting high state of feeling and a disposition
to apply lynch law. Counter affidavits to the
number Of four hundred and forty-eight were
presented by the prosecuting attorney, declar-
ing that a fair trial and Just verdict could be
had Several Of the atlantis on both sides
were examined orally concerning matters
touched upon i'm the aflidayits; and argument
was deferred until Monday-the day set for
the trial. On Monday morning Prosecuting
Attorney Brown made a motion that the pris-
oner be compelled to sign his petition already
hled. This the court refused. On behalf OF
the accused, Capt Baylor then made vigor-
Gus argument in favor Of a change Of venue,
based upon the tfidavits offered; the excite
mont and rumors Of intended lynching that
followed the tragedy the newspaper publica-
tons and the utterancei Of county officials,
which had helped TO form public opinion. He
9s~er'ol TIA. there had been no new light
thrown ON the matter and nothing had oc-
CURED TO modify the opinion at first formed
OF TO abate the feeling that had existed. The
pile of afidayits offered by She other side
showed the prejudice against the prisoner
Mr. Brown, opposing the motion, said that the
people knew nothing of the facts and circum-
stances of the homicide except from report and
could have formed no opinion that would in
terfere with an impartial judgment from the
evidence. The tragedy had occurred at Shop
herdstown, on the northern border of the
county; the parties were not generally known
outside: there had been nothing published
concerning the matter for nearly four months.
Under the circumstances. TO presume fair
trial could not be had was TO presume the
whole county would act upon rumor. The
reported conspiracy 20 lynch tn c prisoner was
in Hagerstovn, Nd Berkeley comfy and the
vicinity Mr. Mccormick
made an imprisoned reply TO the prosecuting
attorn ey's objection to the removal Of the
trial from this county. He reviewed the mat
tsrs already alleged as indications of preju-
dice against the prisoner, and reminded the
Court of the difficulty Of removing precon-
seived opinions. The burden would be upon
the prisoner of overcoming the judgment al
ready formed against him.
Alter recess, Judge Faulkner announced his
decision. everything the motion for change Of
venue. Admitting theright Of the accused to
apply a. any time for the change, he said that
there was no evidence before him Of undue ex-
element save in the published dispatches,
etc. of the officials and that the papers al
that time treated the expressions of apPrehen-
sion as unwarranted ANY indications Of ex-
oitemcnt were exploded by subsequent deyel-
opments. He thought publications and re-
ports should not affect the Judgment Of intel
iigcnt men.
A motion was then made TO continue the
case because Of the absence of material wit
lesses the accused and his brother making
affidavit 20 the importortance of these wit
aesses. A continuance was denied, but post
1onement agreed 10 until June 7th.
Considerable iuterest-without anything
ike excitement-is manifested in the case
The various parts of the county were repre-
,ented in the crowd that filed the courthouse
throughout the proceedings.
Judge Faulkner's decisions in the case have
given entire satisfaction TO a iustice-loying
community whose desire is that the prisoner
should have every advantage to which he IS
entitled under the law, and, at the same time
hat there should De no unnecessary delay in
he prosecution of the case.
on Friday Judge Faulkner sentenced John
John Harris, convicted Of felo-
lv. to the penitentiary for FIVE years William
Jackson 20 two months in jail and Holmes
Johnson to the Reform Sohool-the last two
having pleaded guilty.
The Custer trial is set for Friday The Court
took recess from Tuesday afternoon until
Friday morning