Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1892-06-24
snootz Sentenced to be Hanged October 7th'


~ F. Smooth, convicted OF the murder
of Miss Susie Terrell, submitted the
motion for a new trial without ar
gument. Judge Faulkner over-ruled
the motion.
The proceedings were kept as secret
as possible, but when the prisoner
was brought into court for sentence
large crowd quickly gathered.
Smooth was told by Clerk Latimer to
stand up, and he arose without ire
NOR. The clerk asked him if he had
anything to say why the court should
not now pronounce Judgment against
him, and he answered in distinct
voice: Nothing at all, sir"
Judge Faulkner then proceeded to
pass sentence. He informed the
prisoner that he had been indicted
for the murder of Susie G. Terrell on
the 21st of January, at Shepherds
town, to which indictment he plead
ed not guilty; that the real and only
defense was pait ial insanity; that a
Jury, after carefully considering and
weighing the evidence, had found
him guilty of murder in the first de-
gree: that his counsel, determined 70
do everything they could, had made
motion for a new trial which the
court felt compelled to ovsr-rule, and
the duty OF imposing sentence &C
cording to law dsvolved upon the
court. The Judge said in his eX-
perience no case had been more ably
and skillfully conducted, and that
counsel had done everything which
they could legitimately and properly
do in the defense. That all the evil
dence which might properly benefit
the prisoner was fully presented, and
that no stronger appeals could have
been made in behalf OF the accused.
Tkat the jury that tried him was
patient and attentive, and had faith
fully and conscientiously discharged
the unsought duty which dsvolyed
upon them; that the execution OF the
sentence, for the crime which he had
committed, could not bring back the
life of the innocent girl, nor could 1t
relieve the sorrowing hearts OF the
aged grandparents, or fill the vacant
chair, but that society, justice and
| law, in such cases, demanded a life
| for life. When the fatal shot was
fired by you Said Judge Faulkner
on that cold winter eve, when all
around was merriment and JOY, from
hatred, passion, jealousy or other
cause, and the spirit of your helpless,
| frightened victim, in the twinkling OF
an eye, passed from earth to heaven,
YOU surrendered all claim to freedom
and life. The enormity OF your
crime and the fearful consequences
which follow from it, must now be
apparent to yon 1t is not unkind
for me to remind you OF the anguish,
pain and. suffering that you have
brought upon your own loving sis
| tiers and devoted brothers, who in
YOUR trouble have stood nobly by
YOU, and endeavored in every proper
wav, to do what they could to make
the burden brought upon yourself as
light as possible. They have, and
they will deserve the sympathy of all,
n hnan
followed, you would not be where
YOU are to-day. You yet have time
to humble yourself before that Great
| Judge, and beg and plead for mercy.
No one can help you there, your own
honest, earnest appeals are all that
can benefit you. May you fully re
alize your condition and prepare to
meet your God, for what | say now
means death, unless stayed by TN Il
single tribunal which may review
what has been done by this court.
1t is therefore ordered by the court,
that you, the said Harry F. Smooth,
be hanged by the neck until you are
dead, and it is further ordered that
the execution of this judgment be
made and done upon you, the said
Harry F. Smooth, by the sheriff OF
Jefferson county, on Friday, the 18th
day of October, between the hours OF
10 in the forenoon and 2 in the after
noon, in the jail yard of the Jail in
which you are now confined, under the
regulations prescribed by law.
The prisoner heard the death SEN
tence unmoved, and stood motionless
while the Judge was speaking. ii e
showed no emotion whatever while
he was under the observation OF the
public.
The prisoners counsel saved six
bills of exceptions daring the trial, and
an application will be made to the
Court of Appeals for writ OF error
to the Judgment Of this court. -Four
bills of exception. go to the serving
as Jurors on the case OF Robert ID.
Phillips, 7. E. Clevenger, j. D. Clapp
and Frank n. Moler. The other two
are to the language used by the pros
cutting attorney in his closing speech,
the applause given by the crowd at
such remarks, and the language heard
by the juror Robert r. Smith on his
way to the courthouse from the hotel,
after the case had been closed and
argued, when he heard some one say,
IF you can't, we can" The juror
stated that this language made no
impression upon him.
The case will now be taken to the
Supreme Court of West Virginia,
which meets next September.