Evening star., 1899-01-03
Action Of the q. s. Supreme Court in
Murderers' Cases.
BACK FOR A new TRIAL
Justice Gray's Conclusion in An
nouncing the Decision.
FAILURE TO INSTRUCT JURY

In the cases of Charles Winston, VIM. NJ.
Strather and Edward Smith, condemned for
murder by the Supreme Court of the Dis
trict of Columbia and now awaiting execu-
ton, the United States Supreme Court to-
day decided that the judgment be reversed
and the cases be remanded to the Court of
Appeals with directions to reverse the judg-
ment of the Supreme Court of the District
of Columbia and order new trial
These cases of indictments were for mur-
ders committed since the passage of the
act of Congress of January 10, 1897, by the
first section of which it is provided that lin
all cases where the accused is found guilty
of the crime of murder or Of rape under
section !;j;9 or 53i5 Revised Statutes, the
jury may qualify their verdict by adding
thereto without capital punshment;' and
whenever the jury shall return a verdict
qualified as aforesaid the person convicted
shall be sentenced to Imprisonment at hard
labor for life
Failure to Instruct the Jury.
The failure of the judge of the court try
ing these cases to instruct the jury in re-
gard to this law was held an error requir-
ing new trial.
These cases OF murders We're all of an
especially brutal character. Winston mur-
dSfet MS Vile by shooting her December
l5, 1897, while they in their bed room
about noon. Jealousy was the cause of the
murder.
Strather murdered a woman with whom
he lived as his wife on October u, she being
the wife Of another man.
Smith murdered the wife of another man
November l., 1891, in whose house he was
then living.
In concluding his decision Mr. Justice
Gray said:
Justice Gray's Cancellation.
The instructions of the judge to the
jury in each of these three cases now be-
fore this court clearly gave the jury to
understand that the act of Congress cid
not intend to authorize the jury to qualify
their verdict by the addition of the words
without capital punishment unless miti-
eating or palliating circumstances were
prov ed.
This court is of opinion that these in
structiCns were erroneous in matter of
law, as undertaking to control the t.scre-
tionary power vested by Congress in the
jury, and as attributing to Congress an in
tention unwarranted either by the express
words or by the apparent purpose of the
statute
VIM, NJ. Strather was represented by
Samuel D. Truitt. Edward Smith by F. S.
*. Smith and Charles Winston by George
kearney.
RctriaI of the Nurderers.
At the Office of District Attorney Davis
this afternoon it was stated that the ruling
of the United States Supreme Court in the
local murder eases calls for no expression
of opinion from ;he district attorney.
a Star reporter was informed that the
cases of Smith, Strather and Winston will
be called for retrial within three weeks
possibly al the end Of two weeks.
The counsel for the prisoners wera nat
urally very much pleased at the success of
their efforts.
The Market Company Case.
The Supreme Court of the United States
today affirmed the decision Of the Supreme
Court of the District of Columbia in the
case of the Washington Market Company
vs.. the DISTRICT of Columbia.