Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1892-06-15

to show motive. The jury were warned |
that if they made mistake it couldn't be
remedied.
Mr.. Brown said that he had known Capt. |
Baylor and practiced with him long time,
and had always found that the weaker his
case was, the stronger his speech; and he
found the same true of Mr.. Mccormick
He reminded Capt. Baylor that the quota
ton was, "Do justly and lore mercy" The
courts instructions were that every man
was presumed to be sane, and insanity must
be proved to the satisfaction of the jury
The Supreme Court had declared that nom
expert opinions were Of little Importance
unless based upon good grounds. Opinions
of witnesses for defense we're on frivolous
grounds. Capt. Baylor had said love and
hate could not exist together. The passion
closest linked to love was jealousy. Hell
hath no rage like love to hatred turned
Position of defense was, eff you don't be-
lieve a story it's delusion." His friends
had forgotten that such thing exists as a
lie. The charge in the letter to Terrell was
no delusion but lie, with malicious pur-
pose-to marry her or ruin her reputation.
He saw no escape from the melancholy sit
uation in which there was nothing to look
forward to but the scaffold and the rope
Sympathy and mercy need not interfere
with duty. Jefferson county had earned
the reputation of furnishing guilt without
fear or favor. It's jures were not afraid to
do their duty.
At the conclusion Of Mr.. Browns admi-
rable effort the appreciation and approval
of the audience were manifested in some
applause which was promptly checked
Recess was taken until seven o'clock, and
shortly after that hour the case was given
to the jury. A few minutes before nine the
Jury returned to the box. Before hearing
the verdict Judge Faulkner cautioned the
spectators against any demonstration
which caution was strictly observed. Amid
absolute silence the clerk read the verdict,
as follows: 1--WE the jury find the prisoner,
Harry F. Smooth, guilty as charged in the
| indictment" The verdict did not specify
the degree, and the jury returned to their
room for a short time to correct the omis
sion. As amended, the verdict was 1--WE
the jury find the prisoner, Harry f. Smoetz,
guilty as charged in the indictment, and we
further find that he is guilty of murder in
the first degree"
When the verdict was announced the
prisoner, though evidently nervsusly inte-
rested, gave no sign of dismay or distress.
Counsel for the prisoner entered motion
in arrest of judgment and an effort will be
made to obtain a new trial. The prisoners
three sisters and three brothers were with
him almost all the time the trial was in
progress, and part of the time little niece
was present.
NOTES.
The case from the beginning to the rem
dering of the verdict, with sixty witnesses
examined, lasted but five days; whilst the
trial of Schneider, in Washington City,
with less number of witnesses, consumed
four weeks.
Not a jar between court, lawyers or wit
nesses during the trial.
| Not ten minutes consumed discussing
questions on evidence or Instructions
though eighteen were given.
Jury did not discuss the case among
themselves until it was finally submitted.
Perfect order was observed, although
the courthouse was damned.
Although the verdict was rendered at
night, with the courthouse crowded and
great interest manifested, there was not the
slightest demonstration when verdict was
rendered.
1t is agreed generally that the case was
conducted by State and defence as skillfully
as could have been done.
1t was fair and impartial trial. The
jury was polled, and each juror gave his
unqualified assent to the verdict in clear
and distinct tones and without hesitation.
1t may beproper to say that Judge Faux
ner, by fairness by the clearness of his
opinions, by courtesy and dignity, has COM
mended himself to those who have witness
ed the progress of this case as an ideal
Judge. If there is anyone who has failed
to recognize this fact, we have not heard of
| him.