The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-07-09

y
As these words were read In slow
solemn voice by Clerk Duke, fixing th\
fate Of Estelle Townsend Smith, silence
! In the Manchester court room grew so
intense that 1t could be almost felt, and
as the final word was uttered two ok
the principal actors in the great tragedJ
that for two long weeks has held the
attention OF the community, fell forward
utterly broken and wildly hyster1cal. NJ
Estelle Townsend Smith convicted or
the killing of her child, sank into her;
brothers. arms, seeking refuge in his
kindly embrace from the punishment ms
& flcted by the twelve men. good and true
who had weighed the evidence In the
balance and had found her wanting. Mr.. \
Page, Commemorative Attorney, as the
3 last word Of the verdict was uttered
pitched forward on his face. crying like
a child and babbling to himself about 4
the awful events Of the health breaking,
Fmurderous trial. iI4 "a s5,88
1t was a dramatic scene; the woman
stricken down by the hand Of the prose-
&cutlon, and the man whose unceasing3
toll and brilliant work had proved her
guilty collapsed together as the end was
reached. The hunter and the hunted
shared the .selfsan1et fate and the mys.
ferrous shadows OF misfortune that has
followed this grucsome case again laid 4
trial.
Like a Thunderclap.
The announcement that the jury had
agreed upon a verdict came like thumb
Bercap out of n clear sky. There had been
noidea that a decision would be reached
before midnight, and when a knock
sounded on the jury room door there
We're many who fancied that some juror
desired additional instruction from the
Judge " 4S sfl sTT' 373
S. With the task Of sitting evidence that
had consumed ten days Of the courts
time. and the duty Of considering
covering fifteen typewriter pages. It
seemed to all those who had followed
the trial that a verdict even under fav-
orable circumstances could not be reach
ed under seven Or eight hours. It was
exactly 11:5O o'clock when the jury filed
out to consider thelrfverdict, and at 1874
o'clock that verdict was written, after;
a conference of hut one hour and forty
two minutes. 5ss 10
Foreman's Statement.
Mr.. John S. Avis foreman Of the jury
speaking for the members OF the jury
gave out tho following statement to the
4'Times-D Dispatch shortly after the verdict
was read. This statement tells why a
conclusion was reached In such a short
while: #
I'VE considered that the woman, In 4
passion, struck the chi Id. but with no In.
tention Of killing him. This Is practically
case from the Very frat day, and dis
cussed the iev'dence as It came before 70.
AS soon as heard judge copton read
the instructions made up my mind, and
was ready ito vote as soon as We got
manslaughter, The first ballot was two
fer eighteen years, six for ten years. and
four for five years. Afterwards we got to.
Both sides arc disappointed with tha
verdict. Mr.. Page, in a broken. trem-
bling voice, kept crying as he was carr
ried from the court room: "If I had only
argued It," while Messrs. Smith and
Wells stated that they had no doubt but
that they could have secured an ncquital
or lessened the time of punishment had
they been able to have presented. their
side Of the case to the jury.
Mrs. Smith was not sentenced, for her
counsel asked for stay Of Judgment
until Tuesday, July 18th, She was taken
to jail by Sergeant Saunders, accom-
panied by her brother, DIR. Townsend,
and Mr.. Wells. her Junior counsel.
She declined to talk for publications.
and. indeed, her condition was OF. so
serious nature that she was unable to
do moro tnan give nou OF tnanRS TO
the friends who accompanied her to her
carriage, II
DR.. Townsend stated that he had moth
Ing to say about the verdict. Although
he has borne himself like a stole through
out the painful and wearing days OF the
trial. the verdict struck him like All ugly
blow, and for an instant he dropped the
brave mask that has been turned for
two weeks towards the curious world. u
Deciding Instruction.
1t Is said that the instruction OF Judge
Clopton which brought about tho verdict
was a part OF No, 30, which read as fol-
lows:
an however, though no weapon dan-
gerous In Itself WAS used, yet II tho Jury
are satisfied from the syldsnce beyond
reasonable doubt that the manner OF In.
fllctlng the blows Was cruel and unusual
and exceeded In number and vlolsnce
what was necessary to chaatlae the do.
ceased, and the deceased died OF such
beating, then the accused Is guilty OF
voluntary manslaunhter."
The last day Of the Smith murder
trial opened with rumors Of illness and
oyidencas of breakdown on tho mart Of