Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-01-04
The Banks Case.

shonld the Governor decline TO inter
fere in the case of Howard Banks, col
ored. who Ia sentenced TO be hanged on
Friday next for the murder OF Thomas
Flzey, also colored, the execution VIII
take place in the Jail yard on the DAY
designated. Should the hanging oecnf
q new eallows will be used, as more ex'
pense would be incurred In taking 10
mecca the gibbet in Alexandra county,
removing il 20 this city and re-erecting
il than the cost Of material and work on
a new one.
Commonwealth Attorney Brent re,
iterated today substantially what ne said
Yesterday concerning the Banks case.
He alleges that the murderer has a
fair education and, as q negro, is above
the average in intelligence. Apart from
this. he csis attention TO the fact that
Banks has Police Court record, and
has at times given officers OF the Law
tronble. He recalls the testimony oil
William Gambler, Jail warden, during
Banks's :rial. Witness said that some
time ago, when Banks had been sent to
iail for a misdemeanor. the prisoner had
asserted that be had been confined for
nothing, but the next time he received q
sentence it would be for something
This evidence was received at first, but
later ruled out
II is understood that several members
of the Jury which brought IN the verdict
against Banks have signifed their ac-
aniesceuce 10 mitigation of the punish
ment Others, however, believe the
verdict was Just and proper.
Judge Barley today replied TO The
communication he received yesterday
from Governor Swanson in reference to
Banks's application for Communication
Of sentence. In bis letter. among other
things, be said that he believed the evil
dence justified the verdict, as was shown
by his refusal to get it aside The
nudge however, observed that throughout
the trial be was strongly impressed with
the idea that Banks WAS negro OF low
or intelligence than the ordinary,
though, of course, legally responsible Tor
his acts. His honor called attention 10
the fact that the jury did MT have the
power TO impose life sentence, and they,
believing, as does the Judge, that com
mutation of his sentence to life i'm
prisonment would answer the full de-
msnds of Justice and be satisfactory to
the people of this community, he said be
had no hesitation in recommending
communication of Banks's sentence to i'm
prisonment for life at hard labor.
It was enormously stated yesterday
that Judge Barley did not think Bsnks's
crime was the result of generalization
The fact that the Judge affirmed the
verdict of the jury and denied the apPl.'
cation for a new trial we're, OF course,
against such a conclusion, as had there
been no generalization verdict OF muir
der in the first degree could not have
been returned. What was meant Was
that there was 40 lying in wait by Banks
with the premeditsted intent OF killing
Gzey.
Commonwealth Attorney Brent and
City Sergeant Cox iodsy sent their re
plies to the Governors communications.
They we're On the lines as given in yes
terday' Castle
Mr.. r c. l.. Moucure, OF the law hrm
of Machen and Moncure who defended
Banks, this evening drew up a petition
10 the governor asking for a Communication
Of the death sen ence Of the prisoner and
will request the jurymen who rendered
the Verdict 10 sign II.