The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-06-09
life IS SPARED
CONDEMNED TRIO
Governor Commutes Sentence of
Three Doomed Negroes to Life
Imprisonment.
PETITION RECEIVED
Chief Executive Exercises Glenn
ency Because of Perjury of
Smith.


Johnson, Alexandria negroes convicted
fenced to be eIectrocuted Friday morn
ing.
The negroes will spend the remainder
Of their lives In the penitertiary.
In committing the sentence OF the
trio, all OF whom were implicated in
the murder OF the Chicago artist by
Henry Smith. who died In the cleo
tric chair last Friday for his partici-
patton in the crime, Governor Mann
issued "a statement covering two pages
Of typewriti1g In With he reviewed
the testimony of Smith, a confessed
perjurer, and said he had received a
petition from 200 persons and several
1turcrs ASKING that the negroes mt be
4 electrocuted because Of the doubt of
their guilt.
/ Governors Statement.
! The governors statement follows:
The cases of Johnson, Pines and
Dorsey, three negroes convicted of the
killing of Walter r. Schultz in Alex
andria, on the sixth of March, 1909,
and who are now In the penitentiary
awaiting the execution of the sentence
against them, are exciting the greatest
! interest in Alexandria as is evidenced
/ by petitions signed by two hundred
and ninety-one persons asking for
communication of the sentence OF CAL
vim Johnson, petitions signed by two
hundred and fifty-four persons asking
for communication of the sentences OF
! Dorsey. Pines and Johnson. which in
Guides a petition signed by thirteen
! lawyers of Alexandria, Alexandria
county and Fairfax, which is here
Inserted: The undersigned members
I of the bar of the Sixteenth judicial
circuit respectfully petition for the
Communication of the death sentences
| of the three negroes, Johnson. Pines
and Dorsey. convicted Of the murder
/ Of W. F.. Schultz chiefly upon the
testimony of the negro convict, Henry
Smith. who has since their trials, de-
clared that all of the testimony given
against the other men was perjury II
Is the unanimous belief OF this conn
anr lity. as Tar as We know IL, that
smith has proven himself TO be un-
worthy IT credit. We think !. would
dc dangerous TO take the lives OF
three olntr men upon his evidence
And petitions signed by SIX hundred
and usteen persons asking tor the
pardon OF Dorsey, Pines ana Johnson.
three Of the jurors trying Johnson
ask Tor ccmmutation ol MS sentence
and one OF them asks for his pardon
In the following letter; Alexandra
Va. May ~. 1910. Governor w, II
Mann, Richmond. Va. Dear Sir;
wsS one OF the jury VINO convicted
Calvin johnson Of the murder OF
schultz about a year ago. 1 was one
OF the four members OF the jury who
neid out for acquittal for apout tive
DAYS and hat after the case was
submitted to us All four finally
agreed to the verdict OF guilty upon
tue testimony of man by the name
OF bayiss, whom, ! have since heard,
Is not very reiia ole. Besides. | have
read over shorthand report of his
testimony since the trial and ana con-
sInceu Inat the man he va "a at Inc
market house on the afternoon o.
Marcn & was not Schultz and that
schultz was probably killed the night
before. The jury was 10 much worn
cut by lack OF rest ana worry over the
case that they were hardly able to
properly weigh this testimony which
was admitted two days after the argu-
ment OF the case. Under these cir
cumstances, / hope you will no;
sefiously consider executing Johnson
! understand two other members of
the jury have petitioned you to par
don him, which l really think would
be Just and proper thing to do Very
respectfully yours, Charles IL
Fletcher.
Besides johnson, Dorsey and Pines
Henry Smith was charged with the
murder OF Schultz, and three days
after his arrest, which occurred on
the twelfth OF March, he confessed
his crime and implicated Johnson,
Dorsey and Pines. who he said COM
PEELED him TO go with them and as
sist in carrying Schultz to the place
where he is said to have been muir
dered. Smith was proved TO have
been. twice sent to the penitentiary,
but having served his time was a
competent witness, and also entirely
upon his evidence Dorsey, johnson
and Fines were convicted. After their
conviction the case against Smith was
continued from time to time. and Gov
ernor Swanson granted reprieves to
the convicted men until the case
against Smith should be tried. Smith
when tried was convicted. and made
a motion for new trial. but pending
the action OF the court. as / am In |
formed. he dismissed his motion, ask |
cd 10 be sentenced and sent to Rich |
mond, and declared that his tesrf- !
Pines was false and that they were in
nocent of the crime, that he had
never seen Schultz to know him anc |
was himself innocent OF the crime. |
After the withdrawal Of Smiths mo-
ton for new trial the judge of the
court Sentenced him and in doing SO
declared that he was a perjurer as
we'll as a murderer. quote his lam
guage: The crime itself was revolt |
ing and horrible IA its details. but to /
this you have added perjury. rad from /
your recent statement have shown /
that you carry within you a heart as !
hard and az sinful and az black as
the crime itself which YOU have com |
mitted for which am about to sem /
tence YOU After the conviction OF /
Johnson and Pines. and be-
fore the second statement of smith
them. johnson bv his
counsel had the evidence certified and
applied to the supreme court of an
peals for a writ OF error and super |
sedeAs. which WAS refused.
Various affidavits have been filed /
from witnesses not examined at the /
trial; applications for clemency have |
been made, and have gone over the |
cases with the greatest care ffrst. I
for the purpose OF ascertaininr If 7
the evidence relied on to corroborate /
the evidence first given BY Smith nm
der any circumstances would tustfry +
a jury in finding the prisoners guilty
In the face Of Smiths denial Of that /
testimony made since the verdicts In |
the three cases now being considered |
were rendered. And ii roinr over
the evidence find the greatest Ssubt /
az to the time and placn az tnn y,,f,r