The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-09
No Communication for Mad
ison Rapist.
ADAMS FATE PENDING
Governor Glenn Acts On Six Applica'
tons for Pardons, All of Which are
Refused. The lnconceivable Brut-
aIity of Crime for Which
Smith Will Die.

Governor Glenn yesterday finally
denied applications for pardons in six
instances. in one of which the action
means the execution of Peter Smith,
of Madison county. who is under SEN
tence of death for rape. Smith will
The crimes committed by the other
applicants ranged from manslaughter
TO larceny and the longest term that
either of them is serving is ten years
Smiths Horrible Crime.
The crime for which the man
Peter Smith was convicted disclosed
a state of facts and carried with it
testimony of q sort revolving IN the
extreme According to the prOseCu-
trix, she was waylaid at her home by
the defendant and carried away into
the mountains and there repeatedly
assaulted in a most horrible manner.
As to the fact of the assault she was
corrocorated by the tetimony of
men who came upon her fleeing
screaming through the woods. Her
story of being caught and carried
away, however, was given little cred
ence. although the testimony of the
doctors who were examined was con-
elusive as to the fact that she had
been criminally assaulted.
The theory of what is the truth be-
hind the improbable tale of the cap
ture at the house. discloses a ro-
nance mixed with the brand of old
time deviltry and cunning. which was
wont to lie in wait with a club. 1t
seems that Smiths victim had a
sweetheart with whom she was des-
perately in love, but who for some
reason was distasteful to her family
Smith, who is sixty years old, is sup
posed TO have been in possession OF
these facts and to have used them to
his own ends. According to the
theory expressed he went to the house
of his victim, young girl, and de-
livered TO her a bogus message from
her lover, saying that he would take
her away to marry him. The girl
consented and the two went into the
mountains with the result that having
the girl in his power. Smith COM
mitted his crime under circumstances
of almost unbelievable brutality.
In his testimony Smith states that
he was sent by a man to bring him
the girl TO a certain Esppt, he to re7
ceive d dollar for the service. That
he carried the girl half way and de-
manded fifty cents, which the man re-
fused to pay. A quarrel ensued and
in attempting to hit the man with
gun, Smith hit the girl instead. In
this manner he accounted for the
bruises on the girl and the trail of
blood found in the woods near the
scene of the crime. Smith however.
told this tale only after his arrest
having fled Immediately after the as
Sault wac committed.
The Governor. in denying the par
don or continuation. says:
State VS.. peter Smith. tried Madi-
son County Superior Court, Febru-
ary term. 1906
"The prisoner a the bar. was
charged with rape and convicted by a
jury and sentenced to be hanged the
18th day of May, 1905. Prisoner APP
pealed to- the Supreme court. and the
iudgmenet of the lower court was
affirmed Upon application the pris-
oner was respited by me to September
14th, 1905 After carefully reading
all the testimony. and while part of
the prOsecutrix'S evidence is very
much eontradicted still i'm many re-
spects she is strongly corroborated by
creditable witnesses, especially the
medical expert, whose testimony shows
clearly, to my mind. that this outrage
was perpetrated without the consent
of the woman. The prisoners own
testimony was conflicting. contradic-
tory. His flight. conduct and char
acter strongly tended to corroborate
the States testimony. The judge and
% solicitor who tried the case positively
refused to recommend the commuta-
ton of his sentence to life imprison-
ment: therefore. after having >care-
fully weighed all the. testimony 1 am
fully convinced that the defendant,
Peter Smith, was guilty of the al
legged crime, and therefore, / de-
cline to commute. but direct the
sheriff to execute the same as ordered
by the trial Judge
Reasons given in other cases are
as follows:
State VS.. Fred. AvOry, Madison
county Superior court. February term,
1905: The defendant was charged
with murder in the first degree. and
convicted by a jury of manslaughter.
and sentenced by the court to hard
labor in the penitentiary for a term
of seven years. Neither trial judge
evidence was sent up to disclose the
nature of the crime; only short Pc
petition was filed which throws no
light on the case. Finding nothing
IN the case to warrant me in granting
the petition, the pardon is refused.
state VS.. Dave Kicker. Madison
county Superior court, fall term,
1902: The defendant was indicted for
murder in the first degree. The So
Iicitor agreed to ask only for q YER