Evening star., 1900-06-27
RH6Sfe
Attorney General Declines to Recon-
mend Stay in SHELLS Case.
MAY APPEAL DIRECT TO PRESIDENT
An Application to Justice C!abaugh
This Afternoon.
SMELLS PHYS1CALCONDITION

Attorney General Griggs this morning
notified the attorney that he would not
recommend a stay of the sentence of exc
cution in the case of Benjamin H. Smell.
This, ii is understood, virtually disposes Of
all hope for Smell. The attorneys can make
an appeal direct to the President, and may
do so, but the appeal would. it is believed,
be fruitless. as the President will in all
proba bility follow the opinion of his Attor-
ney General
Attorney General Griggs did not write a
recommendation. but verbally notified
Smells attorneys that he did not see any
ground for a postponement of execution
Attorney Turner of SHELLS counsel argued
the matter before ]. E. Boyd assistant at
torney general. yesterday afternoon MIR.
Boyd decided adversely and his views were
sustained by the Attorney General.
At the close of business late this after
noon in Criminal Court No. l SHELLS coun-
sel Messrs. Turner and Mitchell. will SUBJ
nit another appeal to Justice Clabaugh to
postpone the execution. There is every rea-
son to believe the request will be refused.
on the ground that the court has already
passed on the same matter The attorneys
will. in that event, probably make a per-
sonal application to the President for a
stay. Notwithstanding the attitude assumed
by the Attorney General. Should the Presi-
dent decline to act 1t Is understood that
nothing further can be done. Up to a late
made to the President for further hearing.
Proceedings to secure a writ de lunatico
inquirendo will not be Instituted.
Smell But Little Changed.
Smell. the Jail officials believe. fully real
izes his position. although his outward ap-
pearance has not changed much during
the past few days. His physical condition
is better than 1t has been at any time since
he was admitted to the Jail. He eats more
and gets more rest, although he insists
that he never sleeps.
The condemned man still wears rag or
handkerchief about his head for the pur-
pose, he says. of keeping down the cleo
tricity with which he claims to be both
cred. He has lost considerable flesh. and
it Is believed he now weighs about 275
pounds. 1t Is the intention of the Jail Off
cials to provide an extra strength rope. in
case the execution is proceeded with, as a
preventive against an accident In addi-
ton the drop will be shorter than Is given
most men who are executed.
Guards More Alert.
The guards on duty in the south wing OF
the prison will give more attention to Smell
than they have given him in the past. From
now until Friday at noon. in the event
efforts in SHELLS behalf fail, guard will
be near his cell door most Of the time.
Mrs. Srel. wife of the condemned man.
called on him yesterday. This morning his
married daughter called and had long
talk with him. Before leaving the prison
she expressed the belief that her father
does no: realize what Is in store for him.
She told the officials that her talk with
him had been an unsatisfactory one.
Smell refused to see a Star reporter who
called on him this morning. saying he had
nothing to say to reporter. The Rev
Father Mcguire. who has been visiting
Frank Funk, interested himself in SHELLS
case and Monday afternoon he had an in
terview with him. To the priest Smell said
he was not afraid to die. for he had done
nothing wrong. The Rev. John Roberts OF
the colored Y. NJ. c. A. who has been In.
terested in condemned men in the District
Jail for q number of years. was with Smell
yesterday. 1t was stated at the jail today
that the colored minister has made an I'M
preston on the condemned man. and that
Roberts will in all probability accompany
him to the scaffold.