Evening star., 1898-06-15
FAVORS A EPRIEVE
Attorney General Takes Action in Local
Murder Cases.
Double Hanging Will Not Occur
BE Respited Until January.

morning to recommend to the President
that he grant a respite until the first
Thursday in January. 1899. to William
NJ Strather, Edward Smith and Edward
Winston, all under sentence of death for
murder and awaiting execution at the Dis
trict jail. Strather and Smith were to have
been hung tomorrow.
The action of the Attorney General was
taken after consultation with District At
torney Davis on petition filed by F. s.
Key Smith. attorney for Smith. and Samuel
d. Truitt, attorney for Strather. The petit
ton recited the facts of the trial and con-
viction of both men, and the claim after
ward made in an appeal taken to the Court
of Appeals that the trial Judge in each
case had erred in failing to instruct the
juries that they might qualify their YER
diets in accordance with the act of Janu-
airy 10, 1897, and the fact that the Court OF
Appeals, In affirming the action of the trial
judges, had not been unanimous, Justice
Shepard dissenting. The petition prayed
for a respite In the carrying out of the
be finally decided by the United States Su-
preme Court which body does not again
convene until October.
The law of January Is. 1897, provides that
in every case where thu accused is found
guilty of murder or of rape under sections
$3.50 or 5345, Revised Statutes, the jury may
qualify their verdict by adding thereto
without capital punishment" and when
aver the jury shall return a verdict so quail
flied the person convicted shall be SEN
fenced to Imprisonment for life.
An Important Question.
Attorney General Griggs, after reading
the petition, turned to District Attorney
Davis, who, with Messrs. Smith and Truitt,
was present, and said that he regarded the
cd INN
1T affects every federal court in the
United states.'' he remarked, land as it is
a debatable question l am inclined to think
that it should be finally decided by the
United States Supreme Court
Mr.. Davis conceded with the Attorney
General, and called his attention to the
feet that in the case of Bran, tried for
murder in Boston. the trial judge took the
view presented by Justice Shepard in his
dissenting opinion here, making two Judges
en- either side of the subject SO far as it
has been considered.
The Attorney General thereupon direct
ed that reprieves until the first Thursday
in January, 1899. be made out for Strather
tunity to have the legal question arising
in their cases determined by the United
States Supreme Court
District Attorney Davis then suggested
that Winstoa be included in the respite.
1t was found that Winston's counsel had
male no application for such a reprieve
as that asked for the other two men, al
though the question in his case was similar r
to that raised in their behalf. Attorney
Smith said he would see that Winston S
counsel files such petition, whereupon the
Attorney General stated that Winston
would be included when this formalty was
complied with.
The Murdercrs Notified.
Word of the rcprieve of the two murder
ers, Strathers and Smith, was received at
the District Jail by telephone shortly before
| II o'clock, and deputy warden, Mr.. Per-
ry, went at once to inform the two con-
demhed men that they had another lease
of life. Smith was sitting doggedly in his
cell, the guard performing the death watch
pacing to and fro in front of his cell.
They have decided to give you six
mon, hs longer, and you won't be hanged
tomorrow" he was told.
Smith thought moment
Il wish it was today and the whole thing
was over with" he finally replied.
Two colored ministers were with Strath-
er Tney had come to console him in his
last moments on earth. but now they con-
graduated him. Strather seemed little
elated over the good news, declaring that
he had expected such action.
The death watch that had been placed
over the two men will be removed this af-
tcrnoon when Deputy Warden Russ re-
ceives the official papers OF the reprieve
II WAS stated that they would not be ready
for delivery to him before 3 o'clock.
Everything was in complete readiness
ior the double execution set for tomorrow.
The gray scaffold has been tested, the ropes
cut and knotted. Two black suits of
clothes had been ordered for the doomed
men and were received at the jail just a few
moments after word of the reprieve had
been receivd. They will be stored away for
use later, in case the men are again con-
| demned. Both Strather and Smith had
iohS Deen resigned to their fate.