Evening star., 1898-06-07
DECISION ADVERSE
Court of Appeals Determines Gases of
Three Murderers.
THE LOWER COURTS ARE SUSTAINED
Strather, Winston and Smith VIII
Probably Hang.
THE POINTS AT ISSUE

The three murderers. William NJ. Strath-
er. Edward Smith ard Edward Winston
must hang. unless saved through later in
tervention. as the Court of Appeals today
affirmed the Judgment of the lower court.
The opinion in each case was delivered by
Chief Justice Alvey. with Mr.. Justice
Shepard dissenting.
In the Case of Strather the opinion re-
cites that he was indicted December 81,
1897 for the murder of Rose Talbert. Oc-
tober L. 1877. The prisoner on trial Of
fered six prayers for specific instructions
to the jury. which were refused by the
court The first four concerned questions
of justification, reducing the homicide 20
manslaughter.
The nth prayer asked that the jury be
instructed that they might qualify their
verdict, under the statute. with the words,
without capital punishment" and mo
matter what they might find the evid nee
to he" The sixth prayer asked that the
jury he instructed that if they should have
d reasonable doubt whether the accused
struck ths fatal blow in cold blood and with
malice afore: hought they should not con-
vet Of murder.
Chief Justice Alvey says the court was
clearly right in rejecting these prayers, as
they were calculated TO mislead the jury
if they had been granted
TWO Principal POINTS.
There are two principal questions pre-
serted by this appeal on the charge of the
judge to the jury. First. whether the act
of Congress January -. 1897, applies to
this District. and if applicable, second,
whether the construction and terms of the
charge as to the manner and circumstances
OF applying the statute. given by the
Judge, were covered.
The chief justice concludes, after review
ing the law and authorities at considerable
length, that the amendatory act of Janu-
ary II. 1891. is equally applicable to this
District, as and with section 1899 of the Re-
vised Statutes. far as the same relates
TO the crime of murder.
1t is also declared that the judge below
was strictly right in the Interpretation of
the act. The jury were left entirely free
TO determine the question whether the cir
cumstanCes of the crime charged were of
character TO justify them in feturning d
verdict for the mitigated punishment or
such was returned by them In all
cases upon statutes similar to the act of
Congress of 1897 the courts have held that
the degree of punishment should be deter
mined with reference to the special facts
and circumstances of the case.
As the case of Smith involves the same
questions. the opinion simply follows the
decision in the Strather appeal.
Case of Winston.
In the case of Winston. Chief Justice AL
Ney states that II appears that 1t was con-
tended by counsel for the accused, in their
argument to the jury, that it was the duty
OF the jury to qualify their verdict, as au-
thorized by tie act of Congress, in every
case OF conviction for murder and to de-
clare the conviction to be without capital
punishment without reference to the cir
cumstances of the case
This proposition was not acceded to by
the judge of the lower court in his charge
and the Court of Appeals holds that 1t is
clearly apparent that the question whether
the verdict should be guilty as indicted or
guilty, without capital punishment" was
fully and clearly submitted to the consid-
Grafton Of the jury. on the facts in the case
The jury were left entirely free to adopt
the one form of verdict or the other, as
their judgment might approve.
Ihe decision in the Strather case also
fully covers the questions presented in
this case as to the application and the con-
struction. of the act of 1897 and the right
and power of the court to instruct the jury,
and also the circumstances that /lould De
considered by the jury in determining the
question as TO the form of their verdict.
The attorneys for Strather, Samuel d.
Truitt and Benjamin T. Roodhouse. say
they intend to ask the President to COM
mute the sentence to life Imprisonment.