The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-19
SMITH IS SENTENCED
MOTION FOR NEW TRIAL OVER
RULED by JUDGE MCRAY.
Time Next Week-AppeaI to
the Supreme Court.

Winifred E. Smith, the convicted slayer
of w. B. Thomas, was sentenced to
eighteen years in State prison yesterday.
Sentence was officially pronounced upon
the prisoner Immediately after the court
had overruled the motion for a. new trial.
Smith sat between John S. Duncan and
Charles w. Smith, his attorneys. He di-
rectly faced Judge McCray. On the north
side of the room, occupying their usual
places, were the attorneys for the prose-
cution, John B. ELAN, Charles Wiltsie and
Fremont Afford. Judge McCray announced
Saturday that he would pass on the motion
at o'clock yesterday. Although this in
formation was only furnished the attorneys
in the case it got to the public and a
siderable number of spectators occupied
the chairs. Smith neatly dressed and
showed no apparent concern when first
brought into court. Later the look of placid
Indifference faded into one of anxiety.
It was plain that at one period in the
proceedings he came near breaking down,
but he made nlanful effort to keep his
nerve and succeeded The decision of Judge
AfcCray was very brief and was delivered
verbally.
IT have endeavored to give this motion
for a new trial careful consideration
| he began. 81 have examined the authori-
| ties cited by both the State and the de-
Tense; 1 have also considered carefully
| the evidence adduced, tending to impeach
| the verdict of the jury. Upon consideration
of the whole case l feel that the rights
| Of the accused have been properly guarded
| and that the verdict Of the jury should
not be disturbed. The motion will be over
| ruled an exception given and sixty days
| allowed in which to prepare bill of ex-
ceptins.
toward attorney Duncan and whispered a
| few words in his ear. He looked pale and
the drawn expression about the, mouth
that marked his features during the last
days of the trial reappeared. Continuing,
| Judge McCray. said:
AS there remains but one thing to be
| done and that is to pass. sentence upon
| the prisoner, would there. be objection to
the he, courts doing SO at this time? -. 80
done now" replied attorney Duncan. 80
rising o his he took step
| ward. Resting one hand upon the. table
and thrustingg the other in the pocket of
The verdict of the jury is that you
be imprisoned in the State prison for,
| Cray, reading from the bit Of yellow paper
| before him. then adding Have you any
passed a.sls upon ON y @aii' se'''' 'u no. "
Il have not" returned the prisoner.
ea ao speak haHf but Slight sHr
in his tone the Maav he oyaa
the scene with the words:
Then it is the Judgment of the court.
upon the verdict of the jury, that you
be imprisoned in the northern State prison
sat down and moment later left the
court room with Sheriff Womack. His at
toneys followed, after having signifed
their intention of taking the case to the.
Although Smith will be deprived of hiss
liberty he will retain the. franchise. of
| part of the jury's verdict After sentence
had been pronounced upon the prisoner
McCray to the fact that he mad omitted
TO disfranchise the prisoner The court in;
not contain the clause that would dis
| possess the prisoner of his rights of cit
izenship. The law was then looked UP and
| it was found that the statutes of the State
made no provision for the disfranchisement
three degrees Of murder. f'.'s
Smith, on the way to the jail, told Sheriff
the action Of ths court. One OF his sat attor
neys, he said, had given him to under
and he was prepared for ' it Neither the the
| prisoners mother nor step-father was with
ing at the jail. They came directly after
| the prisoner had his supper and remained
an hour or more Myrtle overturf did not
ing visiting. hours, Sheriff Womack win
the first of next week Yesterday evening
Smith asked for a few days in which
to arrange his affairs ana was told that
he would not be hurried away. His at
torneys will 80 to the Supreme Court with
an appeal and expect to get the adj
vanced. 1t may be passed upon by the
higher court within the next sixty days.
Rumored that He Is to De Married.
1t was rumored last evening that Winnie
Smith and Myrtle Overturf were to be
married before the former it taken to
the penitentiary to begin his eighteen-year
sentence for the murder of Weston b.
Thomas 1t was also said that the girl
was going to Michigan City in order to
be him. Smith seen at the jail
by Journal reporter. and he made an
emphatic denial of the report
There is not word of truth in it, he
said. What she will do ! do not know
but I know that we are not to be mar
ried.'
Witness Suss Released.
Judge McCray has ordered John Suss re-
leased from the county Jail. The prisoner
has been detained since the Smith murder
trial. He was one of the chief witnesses
for the State but told such conflicting sto-
IL