Birmingham state herald., 1896-06-05
WILL SMITHS NECK IS SAFE And He Has Attorney H. P. lief
 lin to Thank. THE SENTENCE COMPUTED To Imprisonment for Life-Letters From Judge Greene, Sheriff Morrow,th Solicitors and
 Jurors Were Potent Factors.
win Smith will not hang today.


 Such is the decision of Governor Will liam c. Oates after carefully examining letters and recommendations from the judge, solicitors, sheriff and jurors in be- half of the condemned man.
 It will be remembered that Will Smith was tried, convicted and sentenced to hang for the killing of Deputy Sheriff Arthur T. Wood July 90, 1895, at Brook side, this county The date fixed for the payment of the penalty of his crime was May 2, 1896, but the governor granted him a respite until today.
 H. P. Hef1in Esq, was the defendants attorney and made strong and earnest fight for the prisoner in the criminal court.
 After the sentence of the law had been pronounced on Smith, MT. Hefiin, feeling that the punishment was greater than the evidence warranted, set about to, if possible, secure a respite in order to gain time in securing proper testimonials. In this he was successful and obtained thirty days in which to accomplish the desired end
 Entering into the work with a determi- nation to succeed, MT. Heflin first ob- tained letters from parties intimately acquainted with the facts of the killing. He next applied to the judge and solic- itors for the state and obtained the fol- lowing letter:
 Letter From Judge and Solicitors.
 Birmingham, June 4, 1S96 To William c. Oates, Governor of Ala Dear Sir Since the conviction of Will Smith for the murder of A. T. Wood facts have come to our knowledge which, in our opinion, warrant commutation of his sentence to life imprisonment. The 0-t nff hac tc fhn rn1 1 tion of MT. T. c. Culverhouse, the super intendent at Brookside, where the killing occurred, of the Sloss Iron and Steel com pany, and of MT. J. D. Roper, one of the states witnesses in the case. Both of these gentlemen reside at Brookside and are in a position to know the credibility of the witnesses upon whose testimony the defendant was convicted better than we or the jury which tried the case. The former, after being fully informed of the testimony of each witness as shown by the judges notes of the trial recom- mends the communication of the sentence. We know that he was very active in the prosecution of those charged with the crime and was anxious to have the guilty punished The testimony of the latter, who is shown to be the best acquainted of all the witnesses with the defendant, having known him seven years, shows him to have been near the place at the time of the shooting, but without gun, while the undisputed testimony shows that the defendants gun was used in the shooting by another already convicted of this crime. The defendant says that when he discovered that his gun was ta- ken from his house and where. he went for 1t and reached the place at the time of the shooting. but there was evidence to contradict this testimony.
 Three others have been convicted of this crime, but none of them sentenced to death. Moreover, there Is some testi- mony tending to show that the negroes were expecting an attack, and that may account for the congregation and prepa- ration.
 Upon the whole without reviewing the testimony to your excellency in detail, we feel that the testimony clearly au- thoriZed the conviction of the defendant and the punishment fixed by the jury, but we are induced by subsequent devel- opments to internationally recommend the communication of that sentence.
 We are informed that all the jurors who have been acquainted with the sub- sequent developments join in this recom- mendation. Respectfully,
 S. E. GREENE, Judge of the Criminal Court of Jefferson County.
 LEE c. BRADLEY,
 Solicitor Pro Tempore.
 c. w. FERGUSON,
 Solicitor.
 Letter From Sheriff Morrow.
 He then obtained the following letter from Sheriff George M. Morrow:
 Sheriff's Office, Jefferson County,
 Birmingham, June 4, 1896. Gov. w. c. Oates, Montgomery, Ala Dear Sir I wired you yesterday that Judge Greene, Solicitors Bradley and Ferguson and l internationally recom- mend the communication of Will Smiths death sentence to life imprisonment. I did so because to my mind there is a grave doubt as to his guilt. I thought so at the time respite was asked for, and nothing has developed to change my opinion.
 T. c. Culverhouse, the superintendent, a man in whom have the greatest con- fidence, and who has taken the lead in the prosecution, thinks the punishment too great and that life sentence would meet the ends of justice.
 I hope you will see proper to commute his sentence. Truly yours,
 GEO. M. MORROW,
 Sheriff.