The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-06-20
SMELL AND VALE TO HANG.
The Attorney General RefCses q
Recommends Exeruffxe CIemeuey

The Attorney General RefCses 10
Recommend Executive CIemeney-
Hopes for the Communication Of the death
penalty in the cases Of the convicted mur-
derers. Nelson Vale and Benjamin Smell.
were dissipated this morning Attorney
General Griggs sent to the President his
recommendation that in each case the
Judgment Of the court stand, and that the
TWO men be hanged Smell on June % and
vale on July g. The Attorney Genera.
however, has advised Mr. Mckinley TO
commute to twenty years imprisonment
the death penalty in the case If young
Arthur LandOn- Il is almost the invaria-
bic custom OF the President 70 ADOPT the
recommendations Of the Attorney General
in such cases. and it IS not believed that
he will depart from his practice now.
In his report on the Smell application for
clemency Mr.. Griggs says:
Inis petitioner was convicted OF mur-
der In the District Of Columbia and is now
under sentence Of death His victim was
a girl OF between thirteen and fourteen
years OF age The killing was brutal and
premed1tated and the facts connected with
IL are not denied The petitioner, mostly
through friends or former acquaintance,
now residing in Georgia asks that his
sentence be eommUted to life imprisoR-
ment. upon the ground that he was not
responsible FOX his act This very QueS-
ticn was the one single issue presented 70
the jury. and evidence on both sides of
that issue was addueed. commented On by
counsel and the court. and the jury. under
Instructions Of the court. found that the
prisoner was sane and RESPONSIBLE, and
therefore guilty Of premeditatsd murder
No new evidence IS submitted 10 justify
the President in holding that the verdict
Of the Jury thus arrived at on the SIN
gle issue presented 20 il was erroneous
Either the prisoner was sane and there
fore responsible. or he was Insane and
therefore irresponsible. II be was ire
sponsible before the law. be should not
be punished at all if be was fully respen-
sioie. as the Jury found. there is no rea-
son Why any clemeucy should be extended
10 hin L recommend that the judgment
Of the court be allowed 20 stand
The recommendation in the Vale case
follows:
The petitioner was convicted IN the
Supreme Court OF the District OF Columbia
OF murder. and is under sentence to be
hanged July s. 1900. The petition asks
that the sentence be committed to life i'm
p-isonment
4 have carefully read and considered
the transcript OF the testimony given On
the trial. from which il appears that the
homicide vas deliberate and preneditated
In view Of the deliberate preparation
OF the prisoner. Of his murderous purpose
previously expressed il the hearing Of
different persons. OF his Efforts 20 lure the
deceased into a quarrel or fight which
would give him occasion for the usa Of The
deadly weapon which lie had purchased for
the sole purpose Of killing the deceased.
nc other conclusion can be reached than
that this is a case OF murder Of the first
degree. wtllful. deliberate. p-emeGita5ed-
and utterly unjUstihabIe and with 10
cause or provocatiOn whatever 7 find TO
reason % recommend that the sentence
OF the court be interfered with
In the Landon case. the Attorney GensfaI
says
The facts Of the case are such as would
have justified finding O. guilty Of murder
OF the second degrees II those jUrisCi-- ions
where murder Is graded The ordinary pun
ishnsnt for murder Of the second degree 5
imprisonment for twenty years. and rec
omneEd that sentence be e0uuUted 70 that
extent