The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-08-06
Just Too Into.


just Too Lato.
That there are today hundreds of men
Undergoing penal scrvitudo fonIrimes of
l;hich they are entirely innocent no one
ian doubt. Such cases frequently find
their way into the public press but rs q
rule "the victim of circumstances" is COM
PEELED to endure the present punishment
and to face the future shame when the
sentence is served and once moro he is
adrift in the world.
That innocent men have been hanged
and will continue to be hanged so long us
capital punishment is on the statute books
of civilized lands, all who have given any
thought to the investigation of this subject
well know.
cync said, in speaking of the execution
of innocent men (this was before the war;,
ut would be impossible to commit the
blunder of hanging an innocent man in
Texas" and on being called on to explain,
he added, Because, after II long residence
in that state, met with no man who did
not deserve to be hanged on general princi-
pies, and seeing that Ehere was danger of
my lapsing into the same condition left"
Yet there have been many innocent men
hanged in Texas.
John Towns came to Texas, when no one
knew and from whence no one cared; but
1858. There could be no doubt about the
latter point, for John Towns was in jail
and not only in Jail. but condemned to be
hanged.
John Towns was not the lowest type of
Texan criminal, he had not stolen horse:
if he had he would have been taken to n
tree and swung off. Custom had decreed
that horse stealing was n capital offense
without benefit of trial.
John To1ync wi, nj &c tt,
nary oirense of murder, which in itself,
and particularly i'll that day. might have
been condoned had not the motive been the
objectionable desire to rob
The body OF the missing Ziba Smith was
found buried near II cabin occupied bv
Towns. 1t was evident from the condition
of the skull that Smith had been muir
dered, and as many of the dead mans be-
longings were found in Towns possession
the evidence of his guilt was irresistible.
particularly TO that jury which was made
up entirely of the dead mans friends.
In his defense Towns took the bold stand
that Zibn Smith was not dead, or at least
that the body nosed out by the dogs was
not Smiths, and further, that Smith, who
had gone out To the Rio Grande was his
friend and had intrusted to him before his
departure the things found in tho cabin by
the officers of the law.
vi COURSE tHe prisoner story was not be-
lieved. No defense that he could have Of
fered would have had any effect when. the
jury was convened to convict
John Towns, who was a fine looking. in
telligent man of forty, made strong plea
in his own behalf, but Zib0 Smiths friends
in the jury box were not to be shaken.
They brought in verdict of ''guilty of
murder in the first degree" and the Judge,
also q friend of Smiths. sentenced tho
prisoner to death.
The time set for the execution was lust
sufficient to get from Austin the COVER
nor's signature to the death warrant, for
railroads and telegraphs were scarce in the
Lone Star State in those days
The governor completed his part in the
tragedy. but the papers had not been on
their way day when an event happened
that caused him to change his mind. This
event was tho appearance in the executive
chamber of Ziba Smith, who came to deny
his own death and to plead for the rcprieve
OF the man about to be executed for his
murder.
This evidence must have had some
weight with the governor, for he dis
patched post haste special messenger to
LraZoria to delay the execution till n
further investigation could be had. and he
very properly selected for this purpose Mr..
Iib Smith himself.
'olniIh started OH, ana when he reached
Houston, from which point there was n
telegraph line and railroad to Columbia.
within seven miles of Brazoria he sent a
dispatch to the sheriff, telling about the
reprieve and incidentally of his own con-
dition. and asking him to postpone the
execution till the next day
But the fates were against John Towns
The operator, who was still dizzy from the
effects of the previous nights carouse,
sent Smiths dispatch to Columbus instead
of to Columbia
Smith galloped into Brazoria just ten
minutes after the condemned man had
been swung off. He helped to cut down
his friend and joined in the efforts made
to resuscitate him, but he was dead as n
coffin nail.
OF course the judge and the Jury were
sorry for the accident" rs one of them
called i5. But all found comfort in the
then prevailing Texan belief, that it was
"better that ninety-nine Innocent men
should suffer than that one guilty man
should go free"
French Mineral Water.
Mohammed was certainly wonderful
man. His commands against strong
drink have been obeyed and, as a result,
his followers are the most temperate peo-
pie in the world. But while the Turks
are supposed to abjure wine, the spirit of
modern entprDrise hoS toresl tho; - Il ro,,,,,