The times. [volume] (Washington [D.C.]) 1897-1901, 1899-01-23
TO Be TRIED FOR MURDER
William Strather Again to
Face the Bar of Justice.
OTHER CASES TO FOLLOW
Another Chance for Life Given by
Busy Week in the Criminal Tribu-
nnl-DcIaycd Causes to BE DispOs-
cd Or-Scxt Weeks Programme.


His trial today will be held in Criminal
Court No. l, Justice Cole presiding, and in
all probability Assistant District Attorney
| John E. Laskey, who represented the Gov
| ernmcnt at the former trial, will conduct
the prosecution. The trials of Edward
Smith and Charles Winston. who were also
| convicted of murder, but were granted new
| hearings by the Supreme Court of the
| United States, viii follow in the order
named.
| William VI. Strather was convicted of the
murder of Rosa Tolbert in Criminal Court
| No. 2, before Justice Bradley, on the 10th
! day of February, 1898. after trial which
| extended over four days The crime of
which Strather was convicted was com
mitted about O'Clock on the morning of
| the 18th of October, 1897. He was SEN
| fenced TO be hanged on May 8, 1898. He
| appealed his case to the Court of Appeals
| for the District and on June last that
tribunal confirmed the judgment of the
lower court, Justice Shepard dissenting.
In the meantime the execution of Strath-
| er had been postponed by President Nc
| Kinley till June l6 last. BY that time the
| Supreme Court of the United States had
| taken its annual vacation, and as Strath-
er's counsel wanted to argue his case be-
| fore that court on writ ofScertiorari an
application was made to the President for
another stay Of eXecutionA The plea was
| granted and Strather was again rcspited
| till January . last.
| The writ of certiorari was filed in the
| Supreme Court in forma pauperis on Oc
! tober II, 1888, and granted on the 31st of
| the same month. In November the case
| was argued, and on January last the
| court through Justice Gray, rendered its
decision reversing the lower court and re-
manding the cases for Il new trial.
Strather was defended in the lower court
and in the Court of Appeals by Samuel d.
| Truitt and Benjamin z. Roodhouse. But
! when the case reached the United States
| Supreme Court Mr.. Trutt argued the case
| alone. Strather will h. represented by the
same counsel today when his case is called
| for trial.
The Trial of Edward Smith.
Edward Smith was tried and convicted
on February Il, 1898. for the crime of
murder of Edmonia Jackson. eon the 18th
| of November, 1897 An appeal was taken
| to the Court OF Appeals of the District.
which court, by majority, affirmed the
| judgment Of the lower court, Justice Shep-
| ard dissenting. There being no appeal or
| writ of error from the Court of Appeals
| 10 the Supreme Court of the United States
| and that court having adjourned for the
summer, it became necessary 10 ask OF the
| President through the Attorney General,
a reprieve in order TO give opportunity
| for petition to the Supreme Court fer
a writ of certiorari which writ, unlike
| an appeal or writ of error lies solely in
| the discretion OF the Supreme Court, while
| appeal or error is granted as matter OF
right The President granted the respite
and the Supreme Court in the fall the
| writ, and the case was argued and decid-
| ed with the result of a reversal OF the
| lower court.
At the trial Edward Smith was defended
| by F. s. K. Smith and Warder voorhees,,
! but in the Court Of Appeals owing to other
| pressing matters Mr.. Smith was obliged
10 withdraw and the defendant was repre-
scented by Mr.. Voorhees,. In the Supreme
! Court, Mr.. Voorhees, for Ike reasons. was
| obliged to withdraw and Mr.. Smith again
took up the case. Edward Smiths trial
will take place on Monday, January 80. at
which time both Mr.. Voorhees, and Mr..
| Smith will appear TO defend him.
Charles Winston's Case.
Charles Winston was tried and convicted
| for the murder of his wife. Emma Win
ston. in March, 1888. His was the third
| of the trials in point of time and was also
tried before Justice Bradley. He was de-
| Tended by Charles H. Turner and f. r.
| Keys, who asked the court 10 instruct the
| jury that under the act of January, 1897.
| they had the right 10 add to their verdict
without capital punishment This the
| court refused TO DO, following the rule
| laid down in the Strather and Smith
| cases, in which the jury was informed
that while it had this power, il should
not be exercised unless mitigating cir
cumstances which would justify and re-
| quire this course were found.
|
| Kearney became associated with Mr.. Tur-
| ner and has continued with him thus far
| in the case. In the Court of Appeals the
! counsel assigned the error of the trial
! Judge as follows: The court erred in its
! Interpretation OF the act OF January l.,
1887; first in attempting TO define the
! duties of the jury Hereunder; second, in
| instructing the jury that it should not
| qualify its verde. unless there were miti-
gazing circumstances that seemed 10 jus
! tify and require il in so doing.
This case was argued by MIR. Turner and
| Mr.. Kearney before the Court Of Appeal
| at the same time the Srrather and Smith
cases we're heard. and . like opinion was
rendered, sustaining the lower court. The
case was then taken 10 the Supreme Court
of the United States and both of the lower
courts were reversed, the upper court sus-
! tanning the contention Of counsel.
The opinion OF the Supreme Court OF
the United States is in effect that. whether
the jury should add the words without
capital punishment was a matter wholly
for II to determine; that the matter was
for the jury to decide and that the court
should not interfere with the jury in its
exercise Of this discretion. This decision,
| which defines the law Of murder not only
. In the District Of Columbia but on ship
board, arsenals, dock yards, forts, and all
places where the United States exercises
| jurisdiction, gives the jury in all cases
the power to decide whether capital pun
ishment should be inflicted or not.
The week in Criminal Courts.
The week just ended has been u busy
one in the criminal courts of the Dis
trict. OF the score or more OF prisoners
who were brought to trial, only two, Sam
| ueI and Kate Cook who were charged
with incest. were acquitted. In several in
| stances the accused pleaded guilty rather
than stand trial.
The trials Of the prisoners were conduct
ed in Criminal Court No. !, Justice Cole
presiding, with Assistant District Attorney
Joseph Shilliugton representing the Cow
eminent. With the exception OF the
Cooks, Mr.. Shillington secured a convic-
ton in every case brought to trial.
Those convicted during the week and
the sentences imposed are George Biown
housebreaking, three years in the penitea-
tiary; Harry Wallace, larceny from tie
person, one year and u day in the peni-
Tertiary: Abraham Jackson and Aene:
Drake adultery, a year and day each il
the penitentary; Sprigg Hebron, obtain
ing money under false pretenccs, three
years in the penitentiary. and Peter
I Holmes, mansaughter, three months in
the District jail.
wnen the court adjourned On Friday