Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-06-29

that during this period they had never no.
ticed any acts or conduct oh his part
This knowledge of SHELLS conduct extended
up to within fourteen or fifteen hours of
the time of the tragedy.
The government also introduced the evil
dence OF a number of the friends and
neighbors Of Smell, who had lived in his
vicinity, and had had more or less intimate
acquaintance with him, And who testified
that they had never seen anything in his
acts or conduct which would indicate that
he was not of sound mind.
Medical experts who had personally ex-
amined the defendant on several occasions,
testified. both from such personal exami-
nation and in response to hypothetical
questions, that they regarded him as en-
tirely sane. Evidence was also introduced
tending to prove that after his arrest Smell
admitted recollection of every circum-
stance connected with his visit to the
Weisenberger house the morning of the
murder, excepting the fact of the killing.
Guilty as Indicted.
The jury returned a verdict of guilty as
Indicted After overruling a motion for a
new trial Justice Clabaugh sentenced Smell
to be hanged Friday. the 18th day of May.
An appeal to the Court of Appeals was
noted and argued While 1t was pending it
became necessary for Justice Clabaugh to
postpone the hanging. He thereupon fixed
the execution for Friday, the 10th instant.
The opinion of the Court Of Appeals
Affirming the judgment of the lower court
was handed down the afternoon of the 9th
instant. AS the law provides that the man.
dates of the Court OF Appeals shall not be
transmitted until the expiration of ten days
from the dates of recording the opinions.
a further stay of execution in the Smell case
was essential. The trial court therefore
changed the date from the 18th instant until
today.
The entire Georgia delegation in Congress
called at the White House in a body several
days age and made to the President in per-
son an appeal that the sentence be COM
muted to life Imprisonment. The matter
was referred to the Attorney General and
In turn to the United States attorney for
the District of Columbia. and to Justice
Clabaugh. All recommended adversely to
the condemned man, and, coinciding with
the views expressed in written opinion of
the Attorney General. the President de-
clined to exercise clemency. Counsel next
filed with the clerk of the Supreme Court
of the United States a petition for a writ
of certiorari to be directed to the Court of
Appeals of the District of Columbia requir-
ing the forwarding of the record in the case
to the highest tribunal in the land in order
that that body might pass upon the issues
raised.
The Last Appeal.
Attorney Mitchell several days ago ap-
peared before Justice C,abaugh and moved
that the execution be STAYED until next fall
in order that the Supreme Court of the
United States. which is now in recess and
which will not meet until October, might
have an opportunity to decide whether or
not it would consider the petition for writ
of certiorari. Counsel contended that 1t was
not the fault of Smell that the Supreme
Court Of the United States happens to be in
recess at this time.
Justice Clabaugh overruled the motion,
remarking that if a postponement was to be
ordered that action should be taken by
higher authority.
Next application for a postponement was
made to Associate Justice Mckenna of the
Supreme Court of the United States. who
promptly declined to grant the application.
Counsel then proceeded to the Department
of Justice and last Tuesday afternoon At
torney Turner also argued to the officials
there that the execution should be postpon-
ed in order that the Supreme Court of the
United States might consider the petition
for writ of certiorari The Attorney Cen
eral last Wednesday announced, that he
had decided not to recommend to the Presi-
dent that the execution be stayed, he
could discern no sufficient reason why
postponement should be granted. That an
nouncement crushed the last hope of coun-
sci.