Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-04-01
Murder in First Degree.

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with the murder OH October goth lsst Of
Charles I. Smith, the case hsd been
given 10 the jury at 3:45 o'clock and Q
verdict vas being awaited. While
the jury was out, Midgets asked if be
might have a conference with bis vile,
and Judge Barley directed that she be
brought from the jail, where she Is serv-
ing a six months sentence for assault
ing Policeman Nicholson.
The couple we're In conversation in
private room, under guard, when the
jury re-entered the court room. At
5:05 O'Clock, or after a elaboration of
one hour and twenty minutes, the jury
filed into the court room. Clerk Green.
away asked II the jurors had agreed
upon verdict and Mr.. A. J. Poll, fore
man, replied tina: they had, and handed
the clerk the verdict, which read: 1--WE
the jury find the prisoner guilty Of
MURDER 10 The first degree as indicted. "
at the request Of council for the pris-
oner, the jury was polled.
Silence prevailed throughout these pro-
ceedings. There were but few 10 the
court room at the time, az Judge Barley
had requested the military to keep the
crowd out. A msjority of those present
were surprised at the result as but few
believed that such verdict would be
rendered. It Is understood that on the
first ballot the jury stood tor coavic-
ton and 4 blank. but that on q roll call
all voted for conviction.
After the case had been given to the
jury the court room was virtually cleared
of spectators, the attaches of the court,
newspaper MN and few others only
being allowed to remain. The soldiers
kept guard at the door on Fairfax street
leading TO the court room, az Sell as
those on the second floor. This pro-
cedure was deemed necessary to prevent
anything In the way Of demonstration.
AS soon as the verdict had been an-
nounced Mr. Howard W. Smith, one Of
the attorneys for the defense, moved for
a new trial. on the ground that the ver-
dict was contrary to the law aud evidence
in the case, snd also moved al arrest Of
Judgment. Both motions we're overruled
by the cour'.
Judge Barley then said TO the prls-
ones:
George Mldgets stand up. Have
you anything to say why sentence should
not be pronounced ?"
The prisoner in a disilnct voice said;
"There is q great mystery about this
case. Any jury could not help finding
such verdict" Continuing, he said, 10
substance that be had received fair
and Impartial trial, and that With the
evidence the jury could not have return
ed suy other verdict.
Tho overcoat which was discarded by
the murderer az he ran from the scene
belonged to bin, he said, but be assert
ed, az he had on the witness stand, that
he had left it in his room, and that the
murderer of Smith, whoever he vas, had
evidently appropriated it. MidgetS said
that his attorneys had done all they could
for him, and he appreciated heir efforts,
but that he wss unfortunate in not being
able to establish the truth Of his state
mrn That he had returned TO Robinson the
44-caliber pistol, IS it had been proved
that Smith was killed by .44.caliber
bullet. "Every man wants to live as long
"a he can. and | am like every body
else," said Midgets, "but l had rather
die innocent OF the murder Of Smith
than guilty Of 1t. feel that AN 90.
ing TO die, and there 10 only one thing
thst hurts me, and that was the evidence
that my wife struck the policeman with
a brick. ] think more Of her than do
of my life."
At the conclusion Of Midgets' state
meut Judge Barley told him that he had
had fair and impartial trial, and that
it remained for the curt TO pass sentence
upon him. Thereupon the Judge SEN
fenced him to be rec1nve5 Cd to Fred
ericksburg and kept thes' until May 20,
upon which day he is to be brought back
to this city and conveyed to The city jail
and executed the Oath day Of May be-
tween the hours Of o'clock and noon.
MAY 24th Is Confederate Memorial Day. ]
Judge Barley then dismissed the jury,
and thanked them for their patience In
the performance of difficult and pain
ful task, and said they deserved the APP
probation Of the citizens Of Alexandra
for the deep interest they had shown.
Sarah Midgets, wifa of the prisoner,
was In court when her husband was sen.
fenced. She wept aloud, and a few
minutes atterward Midgets wss allowed
to enter an anteroom undergnsrd. where
he held a short conversation with his
wife. She was gratsly affected, but the
condemned man was apparently un-
moved, and talked with her calmly aud
quietly before kissing her good-by. The
scene WAS very affecting one.
blidgets appeared 10 be unaffected
when the death sentence was pro-
nounced. He admitted : 10 the reporters
that the trial had been fair aud Impair
tial, but again said his lawyers hsd n
hopeless csse. When questioned before
the verdict had been brought in Mideets
said be expected verdict Of guilty,
When asked why be expected such q
verdict he replied tina! he always looked
on the dark aide of everything. The
prisoner also stated that he felt one Of
the jurymsn had decided upon a verdict
before be left jury box.
Midgets was sfterwsrd conveyed, un-
der military guard, TO the station house,
and was kept there until 7;l5 o'clock,
when be was taken to the union depot and
latter sent to Fredericksburg. A large
crowd assembled about the court house