Daily capital journal. (Salem, Or.) 1896-1899, 1899-05-26
COMMITTED.
The Sentence Of the Jackson County
Murderer Was Suspended.
On Letters and Petitions Showing Mental
Imbeeility-A History Of
the Crime.

The following telegram was last night
sent by the governor TO Sheriff Alex
ander Orme, at jacksonville: you are
hereby notified that / have this day
cOmmuted the sentence Of death stand
ing against Frank Lawrence Smith, in
jackson county and who II now i'm your
charge, ~ be hanged on the 28th, OF
this month, to life sentence in states
prison and you are hereby directed ~
withhold the execution OF said death
sentence. You will please acknowledge
the receipt Of this mes, age at once by
wire"
The governor was influenced, in order
ing the commutation Of Smiths SEN
tence, by the receipt Of numerous let
ters and petitions from Jackson county
residents, representing that the accused
Is a mental imbecile and recommending
that the death sentence be cOmmuted.
Governor Geer received letters from &.
G. Watson, district attorney for Jackson
county Hon. T.. V. Carter, VIM. Col
Wig, A. +. Reames, Charles Nickel, and
many others. Numerous signed petit
tiOns from the prominent business men
Of jacksonville and leading physicians
were also received telling Of Smiths
mental condition. Communications
were also received at the executive office
from authorities in New Jersry, stating
that Smith was considered weak
minded boy before leaving that state.
The following letter written by Rev |
Tetlow, director of the st. Francis In
dustrial school, at Addington, Penn |
sylyania, and addressed TO Rev. l.. p. |
Dcsmaris, Of Jacksonville, Oregon, is |
a fair sample for the numerous letters
received by Gov. GeeT, in Smiths be- |
half: "This is 10 certify that Frank !
Lawrence Smith, now prisoner in the |
county Jail at Jacksonville, Oregon, |
and under sentence Of death for the /
murder Of one Peter Nelson, was an
inmate Of 81. Francis Industrial School, |
at EddingtOn, Pennsylvania, from July |
IL 1883 10 July 3, 1892. the aforesaid |
Frank Lawrence Smith whilst in the /
institution proved 10 be very weak |
minded boy, in fact one bordering on |
craziness, and was dismissed on the Bird |
Of July, and handed over 20 his mother, |
~ not being "A proper and safe subject .
for that institution. | suppose this |
same idiocy has brought him where |
lac stands today.
HISTORY OF THE CRIME.
On Sunday morning, February l3,
1898, there arrived in Ashland, Or, on |
the north bound freight train OF the .
Southern Pacific company, one Peter |
Nelson, a swede, aged 81 years, bound .
for Portland, having tramped and .
beaten his way on the railroad from the .
Sacramento valley, where he had been .
working as a farm hand. lie had In his |
possession small, new trunk, contain
ing clothes and underwear, n pair of
II. -,
his person. lie remained in Ashland F.
the following night, making few
acQuaintances in the vicinity OF the .
depot, 10 whom hc conveyed the in
formation that ne was going 10 Portland |
to seek work and would hunt up Il
countryman of his there, named Erlck-
son, whom lac thought would assist him
in obtaining employment in the city.
lie had evidently been travelling in
company with other tramps before
reaching Ashland, for while here he was
aCcosted by un Italian who was bound
north and whom he had seen before,
but desired o. have nothing 10 do with.
Nelson left town on Monday nights
freight train. Somewhere between
MediOrd aud Central Point he fell off
the moving train and was badly stunned,
but was able 10 walk to nearby resi-
dence, where he appeared about ,
o'clock Tuesday morning, February 10,
and awoke the family, who found Nelson
with his skull iearlully fractured and
the scalp torn and bleeding. The man
talked rather incohercntly, and after
being taken To Mediord for medical
treatment, died soon aiterward.
There was every evidence that the
Swede had been assaulted and robbed
by his companions aud then thrown off
the moving train, for dead. His valise
aud personal effects were cut open and
the contents scattered along the railroad
track and quantities oi blood were found
on some of the clothing which had been
rolled up and placed i'm sack. His
pocket book had been cut open and was
found empty. The car in which the as
sault, robbery and murder took place
gave evidence Of bloody struggle.
The Italian, joe lasalle, alias
"Blackey, was suspected and there was
evidence that several had been impli-
Gated in tho affair. The efforts of the
officers To discover the criminals was
rewarded soon after the arrest at Rose
bury, of Frank Lawrence Smith and
another man, who was afterwards dis
charged. "Blackey, however, who
had always been suspected al the insti-
gator ol the crime, and is thus charged
hy smith, WAS never apprehended.
There has been suspicion that after
Nelson had been beaten 10 death with
the iron couplmg-pin, which Was used
as weapon, that Smith made away
with "Blackey, but this theory is not
generally credited.
smith, who was 10 years Of age. ON the
last Of this month, and who is native
II Pennsylvania his relatives now re
side at Trenton, \. j., and according 10
his own siatesments are not in good re- .
pute, themselves, was tried i'm the cir
nit court of jackson county at the
April, lS,lS, term and was convicted
II murder in the first degree.
smith was sentenced by John Hanna
40 be hung, the date being 4