Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-02-14
The CASE OF HENRY SMITH.


A letter from G. jverror Mann to Con
mouwesIta's Attorney S. G. Brent ADD
tAs substance OF the Il ttr's reply con-
cs uipg tie case OF Benny Smith, colored,
who is sentenced to be electro ed on
Friday for participating in the Il der oi
Walter F. Sctu u, we're published 10
the Gsz tie few days ago. The gov.
eruor also sert 3 letter similar - the
one received by MIR. Brett to Judge Bar
ley. The following Is the judges reply
February 18th, 1910.
To bis excelIency, William Hodges
Mann, Governor Of Virginia, Richmond,
Virginia.
Sir:-I received your communic' t on
of The 10th inst. on yesterday uqu tlng
me to send you my views with reference
to the cases OF the Oommonwes u We:
Calvin johnson, Eugene Dorsey, Richard
Pines and Henry SIN II, who staud con,
yIcted of murder 10 the 6nt degree and
sentenced to be electrocutsd. Inssmuch
a. thtrs is only one OF the above cases
which is Immediately pressing will
take that up " tn you now and discus
1t, posipoDipg my reply 10 the other
cases for q later date.
Henry Smith has been sst t'uced to
be electrotut,d on the 18th Of this month
for the murder OF Wslter F. Schultz, on
the 9th OF last March. 1t was upon The
confession and testimony OF Henry
Smith very largely that the common
wealth established Its cases against Johu-
GOD, Pines and Dorsey, ell tlree OF whom
were tried some moths before Sm to,
and bat for such confession and test
mony on the part OF Smith the cases
against the other three would not have
been established. Smith claimed that
he had been forced into bis participation
10 the murder of Schultz at the point oil
a pit tol, and stuck ID this story up to re
time OF bis own conviction. Smith was
tried at the December term OF The Cor
porstion Court of this city, and bis CAGE
was submitted to q jury summoned from
the city of Charlottesville. The Jury
evidently did not believe Smith on the
gu ,.ton OF bis participation 10 the crime,
but took It that he was equally guilty
with the others, aud my opinion lie that
the Jury we're thoroughly juhiisd 10
their conclusions. consequently over
ruled the motion for a new trial and sec
fenced him 10 death. l believed then
and believe now that Smith participated
In the commission OF this crime equally
With the others, and, therefore, know OF
no exlenuatiDg circumstances to jutify
me in recommending executive clemeucy
10 this case, unless 1t be that by reason
OF Smiths confession and his evidence In
the trial Of the three other cases sud his
assistance to the commonwealth ia tt1er
ways 10 helping 1t to establish Its cases
sgaiDst johnson, Pines add Dorsey that
It should sppssl to you t1at be has rem
dered the commonwealth such gre! at
sistauce as to merit exetu i've clemency
to the extent of Communication OF bis sen.
tencs to life imprisonment. This ques-
ton, however, take 1t Is Que which
must be lett to your wise discretion.
1 am, with highest ett'em,
Very respect ully yours,
LOUIS Q. BARLEY,
Judge of the Corporation O.un oil
Alexandra, Virginia.
Mr.. Frederick P, Russell, counsel for
Smith, expect to go to Richmond ic-
morrow and requis. Governor Mann t.
commute Smiths sentence.