Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-16
ALEXANDRIA AFFAIRS
Gov. Mann Gives Respite to
Henry Smith.
PLEA PROVES EFFECTIVE
Negro Who Turned States Evidence
in Schultz Murder Case Is Given
Another Chance.

Henry Smith, the negro who turned
states evidence in the murder trial of
Walter F. Schultz, and sentenced to die
Friday next, will be respited by Gov.
Mann until March Is next, the same week
| in which Calvin Johnson. Richard Pines
and Eugene Dorsey, negroes, also con-
victed of the murder, are sentenced to be
electrocutpd.
Gov. Mann made the announcement this
morning to Attorney Lewis ii. Machen,
representing Johnson, over the long dis
lance telephone. 1t is expected that the
governor will send official confirmation
this afternoon or tomorrow.
Attorney Frederick p. Russell was to
have gone to Richmond today in the in
terest of Smith for the purpose of urging
the governor to commute Smiths SEN
tence to life imprisonment. He. however,
abandoned his trip after receiving the
foregoing news.
A letter urging the governor to COM
mute Smiths sentence to life imprison-
ment was this afternoon mailed to Gov.
Mann by Attorney r. d. Brumback, VINO
is associated with Mr.. Russell in defend
ing Smith. 1t reads in part as follows:
In the first instance, We were assigned
by the court to defend Smith, he being
without means to employ counsel, ana as
counsel for him we endeavOred to the
best of our ability to present to the jury
all the facts, evidence and the law in the
case, and since the trial of the case we
have thought that the court and the COM
imonwealth attorney would recommend
communication of sentence to ifeSimprison-
ment, and consequently were greatly sur
prised when we read the letter to the
commonwealth attorney, and somewhat
gratified when we found that Judge Bar
ley had written letter which would In
dictate that he is in favor OF communication
Of Smiths sentence.
You have before you Smiths confess
sion in Johns6n's case which was intro
duced in his own case by the common
wealth, and that evidence was practically
all the testimony introduced by the COM
monwealth in the trial of Smith. and
upon which the jury convicted MN oI
murder In the first degree.
1T is not our purpose TO argue inc
case but we feel that we are just1ned IN
mentioning the several circumstances
upon which the jury found the prisoner
guilty"
Resume of Case.
Following is a brief resume of the case
Continuing the letter says: Should his
excellency desire full report of all the
facts we will furnish same. We also de-
sire to bring to your attention the fact
that before the trial of the accused Mr..
Brent, publicly and privately, in print and
orally, proposed to the accused, Smith, to
plead guilty to the charge of murder as
indicted, and accept a sentence OF eight
cen years in the penitentiary, stating that
at the same time he felt justified in max
ing this offer to him, as 1t was upon his
testimony. principally. that Pines. john
son and Dorsey were convicted, and for
this reason he was entitled to clemency
in thus rendering the state of Virginia
a service, whereby the criminals were
convicted.
I'VE also desire to state that had it not
been for Smiths confession the murderers
would never have been apprehended, in
our Judgment, and certainly never have
been convicted. While We have no in
terest in this case other than such in
| terest as one has IN the wei1are OF
humanity in general we also believe
that the interest of the state OF Virginia
would be promoted by recognizing the
services of the prisoner in convicting
Johnson. Pines and Dorsey, and believe
that you would be justified in committing
the prisoners sentence to life imprison-
ment in the penitentiary, and believe that
your act in so doing would be heartily
approved by great number or citlzens
of Alexandria"
Johnson, Pines and Dorsey were respit-
ed by Gov. Swanson until March 16 next.
Smith now has two days longer than the
three other condemned men,
The impression prevails here that all
four negroes will have their sentences
committed to life Imprisonment.
New Building Laws.
A new set Of building laws was
adopted at a meeting of city council
last night. AS far as practicable the
laws are a reproduction of the building
laws of Washington, and made to con-
form to the laws regulating and gov
erning the construction of buildings as
prescribed by the Underwriters Fire
Association. The fire limits of the cit Y
under the new laws are considerably
extended.
City Engineer Dunn was present while
the laws were read, which consumed
one hour and half, and he stated
that, II anything. the new laws would
have tendency to decrease the cost of
buildings, as the other laws, If carried
out were very rigid. The board of
aldermen adjourned without taking up
any business. and will at the next regu-
lar meeting consider the building laws
Before council adjourned a commune
cation was received from the Co-opera-
tive Charities Association asking for
an additional appropriation of $500 to
tide it over during the month of
March 1t was stated that the appro-
priation of $3.50 would be exhausted
by the end of the present month.
With other things, 1t was stated in
the communication that during the
winter $40 orders had been given out
and T6 white and ~ colored families