Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-08-09
A LEGAL HA N GlNG
j. C., SMITH, coLoRED, TO SWING
DECEMBER 5 FOR THE MUIR
DER OF MRS. cANNADY.

VIII Be the First Time in Twenty
Years That Extreme Penalty of Law
Is Imposed in State of lowa-SmIth
Sentenced by Judge Roberts.
With the black mask over his face
and his feet and arms firmly shackled,
j. G. Smith, colored, the brutal self.
confessed murderer of Mrs Mary
Cannady, of Buxton, will on Friday,
December 5, at Ft. Madison in the
Iowa state penitentiary drop from the
gallows and pay the penalty of his
crime, giving life for life. The hang
ing which can only be prevented by
an appeal to the supreme court or by
the interference of Governor A. B.
Cummtns, will be the first legal hang
ing in the state of Iowa for over twen-
ty years.
No Appeal Expected.
The case will be peculiar from an.
other standpoint and that is that the
defendant was not convicted by jury
ttiai uut piSuuSu Sullly anu was Sell
fenced by Judge M. A. Roberts, who
heard the case. to the extreme penalty
of the law. The fact that no appeal
has been taken in the case in the
months since the Judgment was rem
dered coupled with the fact that
Smith admitted that he had carefully
planned to commit the murder and
that he expected to die for 1t at the
time 1t was committed leads to the i'm
preston that no appeal will be taken
either to Governor Cummins or to the
supreme court which meets Septem-
Der 20, but a few weeks before the
time set for the date of the execution.
The fact that Smith pleaded guilty to
the crime does not leave him
in a position to appeal to
the supreme court in the minds of
many. In that case the appeal to the
governor would be the only possible
means of staying the execution or Sc
curing communication.
Getting Just Deserts.
1t is very probable that no effort in
behalf of Smith will be made for it is
the general feeling that he is getting
only his just deserts so far as it is
possible for human agencies to meas.
ure them out to him. The crime for
which he was sentenced to death was
one Of the most cruel an cold blooded.
1t was carefully planned out before
hand and the details of the whole plot
was told by Smith himself to Judge
Roberts at the time of the hearing in
the Monroe county court house dur.
ing the October term of the Monroe
district court in 1908.
The crime was committed October
16, 1908, at Buxton. He was captured
the same day at Hooking about 6
o'clock in the evening. He received
his sentence at Abba, November 81
following, and the date for his execu
ton was set for December 5, 1904.
| The story as told by Judge Roberts
is as follows: Smith, a colored mar
came from West Virginia to work ir
the mines at Buxton. He boarded fol
considerable time with coloret
| family named Cannady. Smith was a
big coarse fellow and he, judging from
the story told by him in the cour
room, fell in love with Mrs. Cannady
He constantly made advances TOWARD
her that were improper. She paid lit
tie attention to him until finally upo1
one occasion he made an attempt tt
assault her and was only prevented b.
the struggles of the woman and he
cries for help. He was arrested charg
ed with attempting to commit rape
and held to the grand jury but, whel
the time for the hearing came the pros
/ ecuting witnesses had suffered ],
! change of heart and Smith was not in
dicted.
Threatened to Kill.
/ While he was in Jail he frequently
told the sheriff that when he got GU
he was going to kill Mrs, Cannady, he
4 husband, the constable who arreste
him and another man who boarded a
| the Cannady home and who Smith de
clared, was intimate with Mrs. Gamma
i dy. When he was released he repeat
. ed the threats to a number of partie
vowing that he would kill all four @
. these parties.
4 Smith left Buxton and was gone 70
some time then he returned. He re
manned over night in the home of al
other family To the man with whor
he stopped he declared that he wa
| SOlllS W MIL IhCoS PAL llSo Jul III d
tention was paid to his threats. H
slept with little boy this night an
to him he showed the revolver tina
he was carrying. In the morning h
got up quite early before dayligh
When he passed out down stairs tn
owner of the house was building fir
preparatory to getting breakfas
Smith was asked to stay but CAV
some excuse and went away.
Smith, according to his own stor
: went direct to the Cannady home
Mrs. Canady was in the kitchen pre-
| pairing for breakfast while Cannad
and the other boarder whom Smit
} had sworn to kill were in anothe
room waiting for breakfast. Smit
had carefully planned out that h
could wait until all three of the pa
| ties he wanted got into the room t
: gether and SO situated that he. coul
shoot them all before being interfere
| with.
He stated that he waited before IL
window for long time, until it WE
| practically daylight. He kept gro,
, ing more angry and more revengef,
~ !,