Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-01-08
Counsel Makes Motion for
New Trial in Smith Case.
JURY'S VERDICT OF GUILTY
Convicted of Completely in Murder
of Walter F. Schultze.
MEMBERS OF BAR AT DINNER
Were Entertained by President of
the Association-Plans for
New Packing House.


New Packing House.
| Special Correspondence OF The Star.
ALEXANDRIA Va, January s 1909.
After celebrating three hours and
eighteen minutes a jury in the corpora
ton court at Sis o'clock last night re-
turned verdict of guilty of murder in
the first degree in the case of Henry
Smith. the negro charged with completely
in the murder of Waiter F. Schultz. j.
E. Jarman of Charlottesville, Va, was
foreman of the jury.
Smith appeared Indifferent as the ver-
dict was read. Immediately afterward he
was taken to the city jail. where he will
be kept until sentence is pronounced,
after which. in the absence of arrest Of
Judgment, he will be taken to the Rich
mond penitentiary and confined in the
death chamber until the date set for the
eXpiation of the crime.
Immediately following the announce
ment Of the verdict Attorney X. ID. Brum-
back, who, with Attorney Frederick p.
Russell. represents Smith, made mo-
ton in arrest OF Judgment, and also that
The verdict be set aside as contrary to
the law and evidence. He also made a
motion for d new trial on the ground
that the verdict WAS contrary to the law
and evidence.
Judge Barley announced that he would
hear arguments on the motion at the
January term of court. He stated this
morning that he may not take up the
matter for at least two weeks.
Says He Made Mistake.
Following the verdict, Smith told Mr..
Brumback that he should have entered a
plea of guilty of murder and taken a life
sentence. which, he said. was promised
him by Commonwealth Attorney Brent.
He stated that he saw he made a mistake.
adding that he held out because he was
innocent and did not believe he would be
convicted.
Smiths case was given to the jury at
) O'Clock, and at o'clock the verdict
was not ready. The deliberations were
adjourned for supper until 1870 o'clock,
when the case was again taken up. At
the time the verdict was reached there
were comparatively few people in the
courtroom.
The verdict from what can be learned.
meets with the appreciation of a large
number of colored people and also many
whites, most of whom believe Smith NaS
| the master mind in the murder 1t, how
ever. came as a surprise. in view Of Che
ldCt tTdt IL was given d SlEoHB CieAii
of circumstantial evidence. there being.no
direct evidence against Smith.
Will Go to Court of Appeals.
|. Attorney Brumback stated this morn sng
that in the event Smith is refused rev
trial by the corporation court he expects
to take Smiths case to the state cc:Irt
of appeals. Should that tribunal reftise
new trial executive clefnency will be
asked. on the ground that Smith tur<led
states evidence. The latter will prove
a strong point. and the chances are that
! 1t may save Smith from the chair.
! On Smiths testimony alone. and ther
inability to prove their whereabouts the
night of March + between and 8 o'clock.
Calvin Johnson. Richard Pines Ind
Eugene Dorsey. negroes. charged with ahe
victed, and unless Gov. Swanson inter-
venes in their behalf they will pay the
death penalty In the electric chair, at
Richmond. Va. Friday next. Each Yas
| tried separately.
| The crime for which the four men will
pay the death penalty was regarded. as
one of the most brutal ever commieted
in this state.
Not once during the trials of these
men was the story of Smith shaken.
Bar Association Entertained.
of the sixteenth judicial circuit held at IL
O'Clock this morning at the office of Col.
F. l.. Smith, president pr the assoS ia-
ton. the constitution and bylaws of .the
association, as reported by the comrnit t.
tee were adopted. \ rate of annual dues
for members was fixed upon and other
routine business which came before the
association was disposed Of.
Shortly before l o'clock the meeting adj
journed and the members repaired to$ the
home Of Col. Smith, where they were en-
tertained at dinner.
The association starts out with a MEM
bership Of thirty-six, composed of law
yers from this city. Alexandria, Fairfax
and Prince William counties. An: Or
ganization was effected with the elestion
| of officers December 7 last
Packing House Projected.
The two-story brick store and Dwell.
ing and the brick dwelling adioin-
| ing same at the northeast corner OF
Cameron and Henry streets have been
sold by Armour & Co. The purcIia ser
is now engaged in razing the struc-
lures Armour e. Co. have prepared
plans for the erection of MOD
ern packing house and depot on the
site. The ground north OF these bIild-
ings will also be used in connection
with the work of erecting the plant
| W. &. Davis, local manager of the
company. stated this morning to a re.
porter for The Star that if the weather
permits the work of breaking ground
| for the new plant will he commenced
early next month. Plans for the struc
ture have already been prepared. The
| local offices and shipping depot will be
located at this point.
| The recently elected officers of Poto-
mae Lodge. No. 80. !. o. o. F., were IN
stalled at Odd Fellows Hall last night
| by c.. W. O'Meara, district deputy, ard
| his STAFF of aids. Following the cere-
monies there was a smoker, and during
the evening speeches we're made by
Grand Master z. p. Turner of Virginia,
Rev Edgar Carpenter. w. l.. Green of
Rhode Island, A. b. c. Salyers Of Sa-
repta Lodge and others.
Funeral Of Motorman Forshill.
| The funeral of Archie Forshill, the cleo
trio railway motorman who was killed
Wednesday last took place at 2:3O o'clock
this afternoon from his late home, Gil
North Columbus street. Rev. w. ]. Morton
rector of Christ p. E. Church. and Rev.
j. r. SEWER pastor Of the Second Pres
| byterian Church. conducted the services.
| Burial was in Bethel cemetery. Those
serving as pailbearers were: W. E. La
than, jr. Frank Heisley. Harry Arnold.
| Luther H. Beahm G.. x. Ballard and B.
| B. Cline.
The state corporation commission has
granted charter to the McCalley and
| Balderston Company, Inc. Rosslyn, Va
| the objects of which are dry goods