The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1910-06-16
THREE ARE SAVED
FROM DEATH CHAIR
Governor Mann Unwilling to AL
low Them to Die on Evidence
of Henry Smith, a Confess
ed Perjurer and Ex-
Convict.

GONSthOI Mann EedCneO con-
clusion today after wrestling with the
case last night. Henry Smith, the al
legged leader of the gang, went to his
death last Friday, and when asked
Just on leaving his cell to go to the
death chamber if the others were
guilty he said:
They are innocent" and after a
moments hesitation he added: And
l am innocent, too
The Governor has three times re-
spited the men in order to allow for
tul and complete investigation of
the case, being pressed for other bus
mess at various times. Last night the
Governor was considering the amtter
until long after midnight. The rea-
sons which actuated the Governor
were that he was unwilling TO see
these men die when they had been
convicted on the evidence of Smith,
confessed perjurer, an eX-convict
and a recognized thief. The Governor
assigned these reasons:
The cases of Johnson, Pines and
Dorsey, three negroes convicted of the
killing Of Walter +. Schultz in Alex
andria on the 9th of March, 1909, and
who are now in the penitentiary
awaiting the execution of the sentence
against them, are exciting the great
est interest in Alexandria, as is evil
denced by petitions signed by 291 per-
sons asking for communication of the
sentence of Calvin Johnson; petitions
signed by 254 persons asking for
Communication of the sentences of Dor
sey, Pines and Johnson, which includes
petition signed by thirteen lawyers
of Alexandria, Alexandria county and
Fairfax, which is here inserted: 1.-The
undersigned members of the bar of
the Sixteenth Judicial Circuit respect
fully petition for the Communication
of the death sentences of the three
negroes, Johnson, Pines and Dorsey,
convicted of the murder of w. +.
Schultz chiefly upon the testimony
of the negro convict, Henry Smith,
who has since their trials declared
that all Of the testimony given against
the other men was perjury. 1t is the
unanimous belief of this community,
as far as we know it, that Smith has
proven himself to be unworthy of
credit We think il would be danger
Gus TO take the lives of three other
men upon his evidence"
And petitions signed by els persons
asking for the pardon of Dorsey, Pines
and Johnson. Three of the jurors
trying Johnson ask for Communication
of his sentence, and one of them asks
for his pardon in the following let
ter:
Alexandria, Va. May 81, 1910.
Governor w. II. Mann, Richmond,
Va:
Dear sir.-I was one Of the fury
who convicted Calvin Johnson of the
murder of Schultz about 4, year ago.
l was one of the four members of the
jury who held out for acquittal for
about two days and a half after the
case was submitted to US. All four
finally agreed to the verdict of guilty
upon the testimony of a man by the
name of Bayliss, whom, have since
heard, is not very reliable. Besides,
l have read over a shorthand report
Of his testimony since the trial and
am convinced that the man he saw
"A Z hOllSR % q
of March 9th was not Schultz, and
that Schultz was probably killed the
night before. The jury was so much
worn out by lack of rest and worry
over the case that they were hardly
able TO properly weigh this testimony
which was admitted two days after
the argument of the case. Under these
circumstances l hope you will not
seriously consider executing johnson.
I understand two other members OF
the jury have petitioned you to par
don him. which l really think would
be a just and proper thing to do.
Very respectfully yours.
"CHAS. II. FLETCHER"
Reviews the Crime.
Besides Johnson, Dorsey and Pines.
Henry Smith was charged with the
murder Of Schultz. and three days af-
ter his arrest, which occurred on the
18th of March. he confessed his crime
and implicated Johnson, Dorsey anC
go with them and assist in carrying
Schultz TO the place where ne is said
TO have been murdered. Smith was
proved to have been twice sent To the
penitentiary, but having served his
time, was n competent witness. ant
almost entirely up,l his evidence Dor
sey, Johnson and Pines were convict
ed. After their conviction the case
against Smith was continued from
time TO time, and Governor Swanson
granted reprieNes to the convicted
men until the case against Smith
should be tried. smith, when tried,
was convicted, and made a motion
Tor a new trial, but pending the ac-
ton of the court he dismissed his mo-
ton, asked to be sentenced and sent
TO Richmond, and declared that his
testimony against Dorsey, Johnson
and Pines was false and that they
were innocent of the crime; that he
had never seen schultz 10 know him
and was himself innocent of the
crime.
AFTER the withdrawal of Smiths
motion for a new trial the judge OF
the court sentenced him, and in do
ing SO declared that he was a per-
Jurer as we'll 'aS a murderer. l quote
his language:
THE crime itself was revolving and
horrible in its details, but to this you
have added perjury, and from your
recent statement have shown that you
carry within you a heart as hard and
as sinful and as black as the crime
itself which you have committed, Tor
which 1 am about TO sentence you"
After the conviction of Dorsey,
Johnson and Pines, and before the
second statement of Smith exonerat-
ing them, Johnson, by his counsel,
had the evidence certified and APP
piied to the Supreme Court of APP
peals for a writ of error and super
sedeas, which was refused
Various affdavits have been filed
from witnesses not examined at the
trial; applications for clemency have
been made, and L have gone over the
cases with the greatest care, first for
the purpose of ascertaining if the evil
dence relied on to cOrrOborate the
evidence first given by Smith under
any circumstances would justify 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 in going over the