Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1892-06-17
lust one hour in length.

the Jury a fair hearing for his client. L
was a peculiar case, he admitted. We
the plea of the defense was not ne"
plea. He cited cases of note where
crime had been committed, and where
the defendants had been acquitted be
cause of their decisions. Read to the
Jury the various verdicts that might be
rendered, and explained each of them
with the punishment attached. Read
also the instructions of the court to tho
jury.
Capt. Baylor took up the question OF
insanity, and read from various author
tiles upon the subject. He said there
was no malice shown by the prisoner,
but on the contrary he loved his victim
devotedly. The deed proceeded from
the madness of love and not from NAL
ice. Told how Miss Terrell and Smooth
had been lovers. Spoke of her virtue
and beauty and paid beautiful tribute
to her character. After basking i'll the
smiles of this girl, theprisoner deprived
of her favor, becomes gloomy and filled
with despair. Miss Terrell was the first
to see the change, aud that caused the
difference between them. Read the let
ter written by her to him, to show that
she knew Of his condition. The prison
er could not have committed this awful
crime if he had even heart of stone.
But reason was gone aud he had no
heart with which to feel.
The speaker took up the testimony OF
the several witnesses, and sought to
show by how it must have been common
talk that Smooth was crazy; that her
father must have killed him had he not
believed him to be crazy; witnesses had
testified to his peculiar, unnatural con-
duct. Could not see how the jury could
come to any other conclusion than that
the prisoner was insane as shown by all
the evidence. He endeavored to show
how strongly the delusion had seized the
prisoner, and how firmly he Rugged 1t to
his breast, by referring to the letters
written by the prisoner and quoting
from them.
Referring to the threats, counsel said
they proved still further, from the way
i'll which they were alleged to have been
made, that the man was mad. Told
briefly of the tragedy, and how calmly
and coolly he acted after the deed was
done In imprisoned language the
speaker asked could such a deed be
done, could such conduct be laid at the
door of any sane man? The only theory
by which such state of things could be
accounted for was that of insanity.
The speaker asked the jury to take
into account the good character the pris-
oner had borne. Could an upright, NOR
al man of nublemished reputation at one
leap change into a base, ignoble muir
derer? Such a transition was impossi-
bic. If it were not, then schools and
churches and teaching were in vain.
In conclusion, there were others for
whom he would ask consideration-the
devoted sisters and brothers who attend
ed him at this dread time. He implored
the Jury not to cast such an awful stain
and stigma upon their good name. He
made a touching, earnest appeal for
mercy. Counsel had tried to do his du-
ty, and washed his hands i'll innoccncy,
and if the jury made an awful mistake.
the prisoners blood would be OH their
hands.
Hon. Marshall Mccormick, also of the
defense, followed Capt. Baylor After
an eloquent Introductory he asked the
jury to weigh what he had to say most
carefully. He painted the prisoner as a
model young man, whose soul was on
fire for love of Susie Terrell this man,
on the public street, while the street was
ringing with the laughter Of merry-mak-
ers, deliberately shot and killed this girl
whose image was craven on his heart.
Could this be called murder? 1t was
not. No murder was committed by Har-
~ Smooth. There was no mind with
which he could reason-no will, no in
tent We do not deny the killing but
we do deny that his mind conceived the
intent.
The speaker referred to the testimony
of the witnesses TO show that evidences Of
the prisoners disordered mind were APP
parent. Did not the facts testified to
show that his reason was gone? Consid-
er the letters written by the accused.
Did you ever hear of anything so shock
ing, so disgusting, 50 horrible? Know
ing how pure and good this girl was,
could the jury think anything else than
that the man was insaue3 Smooth pre-
ferred to die rather than retract those
statements. He must have been insane
to take such position. If the jury be-
lieved the prisoner to be sane when he
wrote those letters, then they must be-
lieve that the letters were true. If the
letters were not true, then they were the
delusiou of disordered mind.
Go to the place of the tragedy. Know
ing all the details Of that scene-could
any sane man have stood aud calmly
looked into the face of the girl whom he
had killed, without excitement or emo
ton? Have you not noticed the hard,
stolid, indifferent manner of the prison
er to be the same ever since lie first APP
peared in the courtroom?
What is the evidence Of the fifteen
witnesses of the State, who did not no.
tice any peculiarities, worth compared
to that Of the evidence of the ten wit