The citizen. (Frederick City, Md.) 1895-1923, 1899-07-21
SMITH RELEASED.
Subject to Courts Surveillance
For Two Years--House Of
Correction Awaits His First
Breach.

session to consider the case of
Calvin Smith, the alleged asSail
ant of young Glennie Stauffer.
held brief session on Friday
last and then adjourned till Sat
urday. They were to have met
in the morning, but owing to the
fact that the Brown trial contin-
ued all day, the court could not
attend to it until the Jury in that
case had retired. In addressing
the grand jury, Judge McSherry
said that they had been sum
moned because of information
that a heinOus crime had been
committed, the court being of
opinion that the SureSt preventive
of crime is the certain, speedy and
severe punishment of criminals.
He went on to say that later in
formation made the crime appear
less serious than at first supposed;
still it was we'll they should fully
investigate the fact and find such
indictment as they warranted, as
by dealing promptly with such
eases, the demands of justice
would he best served and the
public have no reason for taking
the law i'll their own hands.
MIR. and Mrs. Stautler on Fri
day last petitioned the court to
deal leniently with Smith aud
that he be admitted to bail.
The grand jury assembled at
the usual hour Saturday. The
witnesses examined were Mr.. and
Mrs. Staut1er, DIR. f. b. Smith.
Harvey Smith and a young son of
Mr.. Stautfer. The testimony dis
closed mitigating circumstances
i'll the case, and the grand Jury
charged Calvin Smith with an
assault
On Monday court opened at 10
O'Clock and the prisoner pleaded
guilty, and was released on his
recognizance for good behavior
for period of two years.
Before rendering the Judgment
of the court, Chief Judge Me
Sherry said:
"ThlS case presents one of the
most striking object lessons, one of
the most appropriate illustrations
of the danger of intiicting woe.
full injustice, when there is an APP
parently well-founded accusation
that Il serious crime has been
committed, unless the appointed
methods of the law are followed
and observed in the prosecution
of the alleged offender.
"When the charge was made,
in due form, and under oath, that
a rape had been perpetrated,
there were unmiStakable indica-
tons that violence to the accused
was contemplated and might be
resorted to. With a view to pre-
vent such lawlessness the grand
jury was convened at once and in
structed to investigate the accu-
sation which gave rise to the
threatened outbreak. Whilst we
entertained no serious apprehen-
sion that lawleSsneSs would tri.
umph over the law, because we
had and still have an abiding
confidence in the courage and fl
deity of Sheriff Patterson, who,
we perfectly well knew, would
have protected him at all haz.
ards; still, to quiet the feverish
unrest and growing excitement,
and to take away every incentive
to mob violence, we called the
grand jury together after care
full scrutiny of the evidence which
had been adduced before the com
hitting Magistrate. That evil
dence convinced us that a prompt
inquiry into the charge was nee,
essary, as it was the Surest way
to ascertain its truth or expose
its falsity. The wisdom of con-
vening the grand jury and the
salutary results following from
the order directing it to assemble
/ are now obvious.
"When the supposed victim of
the criminal assault was confront
ed with the certainty of speedily
appearing before the grand jury
and there testifying to the facts
which she had previously narrat-
ed when not under oath, she
abandoned the charge of rape and
admitted that she had consented
to what the accused had done.
Had no action been taken by the
court to bring the charge origi'
nally preferred to prompt in
vestigation is not at all improb-
able-at least, it is possible
that some violent measures might
have been attempted; and had
they been undertaken and had
they resulted in the death of the
accused, an innocent man would
have lost his life at the hands of
an infuriated mob upon false
accusation.
eff violent measures had been
resorted to they would have been
met with force by fearless Sher-
if and bloodshed would certainly