The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-09

Through Representative Fleming the
members of Congress from Georgia yes
terday presented petition to President
Mckinley asking him to extend executive
clemency to Benjamin II. Smell, who is
under sentence to be hanged on Friday
next in the District Jail for the murder OF
Lizzie Weisenberger on August last.
The petition for clemency is based upcn
the alleged unbalanced condition of the
prisoners mind and asks that Smell S
punishment be changed from death TO i'm
prisonment for life.
When Smell was put on trial before JUS
tice Clabaugh in Criminal Court No.
his defence was plea of insanity, and
numerous witnesses were summoned from
his former home in Washington County,
Ca, to testify on this point. The jury
however, did not consider the evidence oil
sufficient force to warrant any finding
other than that the prisoner was guilty
as indicted.
Representative Fleming in presenting
the petition stated to the President that
Snell's father and mother and many other
of his relatives reside in the Congressional
district which he represents. Since smell
was convicted, MIR. Fleming said, he had
personally enquired into the history OF
the family. He found that Snell's people
are honest and industrious and that for
generations members of the family have
been adjudged to be insane. His inyesti-
cation, Mr.. Fleming said, proved to him
hot 1rtfb
than nine of the prisoners immediate
relatives were Of unsound mind.
Soon after Smell was convicted he was
sentenced by Justice Clabaugh TO be
hanged on May II last. His counsel, Iur-
ner & Mitchell, took the case to the Court
of Appeals for the District, and believing
that court would not pass upon the
questions raised in the appeal before the
day set for SHELLS execution Justice Ga
baugh signed an order postponing the ex-
ecution until June 10. On last Tuesday
the Court of Appeals, in an opinion an
nounced by Mr.. Justice Shepard. affirmed
the judgment of the trial court. The opin-
ion. however. has not yet been forwarded
to the Cierl, of the Supreme Court of the
District. Under the rules Of practice the
court is allowed fifteen days in which to
return the opinion to the lower court. If
the whole time permitted by law is taken
it Will not reach the trial court until
Wednesday, June 20, five days after the
last date set for the execution.
Under the circumstances 1t is probable
that Justice Clabaugh will on Monday or
Tuesday next make another order still
further postponing the day Of execution.
1t is understood that in the mean time
Suells counsel will tako some steps to
have the case reviewed by the Supreme
Court of the United States. With this in
view it is expected that they will apply to
one Of the justices Of the Supreme Court
for writ of certiorari.
President Mckinley forwarded the pc
tition cn behalf Of Smell 10 Attorney Gen
- eran Griggs, who, after considering it.
will send it to District Attorney Anderson
for final report.
Petitions in the cases of Arthur Landon
and Nelson Vale. both colored, and SEN
tened to be hanged on July 6. have also
been forwarded to the President. The pc
titions ask that the punishment in both
cases be changed from death ON the gal
lows to Imprisonment in the penitentiary
for life