The times., 1899-02-19
SMITH CONVICTED
ON HIS THIRD TRIAL
The Jury Returned a Verdict
in About Two Hours.
The Defendants Attorney Pleaded
for Life Sentence.
The Accused Was Sentenced to HING
After His First Trial
Last March.

On his third trial Edward Smith. colored,
was yesterday, for the second time, con-
victed in the Supreme Court of the District
colored. whom he literally hacked to death
with hatchet in the room where they
lived together as man and wife, at l2i
Madison Alley.
Justice Coles charge TO the jury was
brief He merely instructed them as TO
their powers under the recently enacted
law, which gave them authority to qualify
their verdict so as to make the punishment
for murder Imprisonment in the peniten-
tiary for life instead of death.
The jury retired to their rooms at l2:53
p. IN. and returned verdict few minutes
before > o'clock. The verdict was without
recommendation.
Smith was first tried for the crime in
March last in Criminal Court No. .. Jus
tice Bradley presiding. He was convicted
and sentenced TO be hanged, but his exc
cution was stayed because of an appeal to
the Court Of Appeals by his attorney. War
der voorhees,. The appeal was denied by
the Court OF Appeals and the case was car
ried 10 the Supreme Court of the United
States, which granted Smith a new trial
At the same time new trials were granted
William NJ. Strather and Charles Winston
also convicted of murder at the same term
of the Supreme Court OF the District of
Columbia.
/ Smith was again put on trial for his life
at the January term of the Supreme Court
OF the District before Justice Cole pre-
siding in Criminal Court No l. The effort
of the defence at the second trial was TO
| have the jury which considered the evi-
/ dence qualify its verdict so as TO make
the penalty Imprisonment in the peniten-
tiary for life instead of death. In this
Smiths counsel was successful, inasmuch
as the jury failed to agree upon verdict
two of the members standing out TO the
end for Imprisonment for life in the peni-
tentiary, although they were all agreed
that the defendant was guilty of murder.
At that trial Smith was again repre-
sented by Mr.. Voorhees, and Mr.. f. s X
Smith who argued his case on appeal be-
fore the Supreme Court Of the United
States.
When Smith was called for trial for the
third time. on Thursday the same toun-
sci appeared for him, but a protest was
| made TO continuing the case, and both
Mr. voorhees, and Mr.. Smith submitted
| motions Tor a continuance.
Among other reasons advanced for a
postponement by Mr.. Voorhees, was that
| the time which had elapsed since the pre-
vious trial was not sufficient for counsel
| -
especially as 10 the obtaining of evidence
in relation TO his mental condition. He
also stated that since the failure of the
| jury to agree upon a verdict at the pre-
| vous trial there have been various state
| ments made that the last trial was mis-
carriage of justice: that the law under
which the trial was had was farce and
| should be repealed, and that he had heard
| statements made by persons about the
| courthouse and had knowledge that they
| have been made generally.
| Attorney Smith asked for the postpone
ment on the grounds that the last trial of
| the defendant was within the present term
of the court and because of the excited
state of public opinion the prisoner could
not receive fair and impartial trial.
| Justice Cole. after hearing argument
upon these grounds for delay. oyerruled
the motions and ordered the trial TO be
! proceeded with
| During the recess hour on the first day
of the trial Mr.. F. s. X. Smith. on account
of the press of other business, withdrew
| from the case.
The evidence introduced was substantial
| ly the same as that offered at the former
trials, and was all in by p. m. on Friday
| afternoon, when Assistant District Attor-
ney John E. Laskey made the opening ar
| gument for the Government The hearing
was then adjourned until yesterday morn
ing, when Mr.. Voorhees, made the final
| appeal to the jury for mercy, asking them
| 10 qualify their verdict so as to make the
| punishment Imprisonment in the peniten-
| tiary for life, instead OF death. His APP
peal was a strong argument in favor OF
| the abolishment of capital punishment and
cited statistics to prove tl.:t even in coun-
| tries where the punishment for murder
was death ii is very seldom that that pen
alty is inflicted
The Assistant District Attorney, who
made the closing argument for the Gov
ernment, depicted the crime of which
Smith was accused in all its brutality anC
fendishness, leaving nothing untold which
tended 10 prove the defendant heartess
brute. He ridiculed the proposition ad-
vanced by the counsel for the defence tha
the progress Of civilization showed that il
is averse to capital punishment. If mur,
ders were to be cared for for life by tht
Government, he said, the next thing whic.
would be heard would be an appeal tC
summer them at Long Branch and TO win.
ter them in Florida.