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

L
A letter from G ,Verror Mann to Con-
mouweaIta's Attorney S. G. Bfent and
tbs 81 bstsuce OF. the Il tt,r's reply con-
&c uirg tie case Of Henry Smith, coloted,
who lie sentenced to be electro' Il ed on
Friday for participating in the Il der Of
Walter F. Sctu Il, we're published 10
the G.z tie q few days azo. The gov.
ernor also sett 3 letter similar t, the
one received by Mr. Brett t, Judge Bar.
ley. The following is the judges reply:
February 18th, 1910.
To bis excellency, William H1dges
Mann, Governor of Virginia, Richmond,
Virginia.
Sir:-I received your communic' Cd
of the 10th inst. on yesterday rsqu ttlfg
me to send you my views WITH reference
to the cases OF the Oommonwea tt 7s;
Calvin Johnson, Eugene Dorsey, Richard
Pines and Henry SIN II, who stand con,
victed of murder 10 the frat degree and
sentenced to be electrocuted. lnasmuch
a, thtrs is only one of the above cases
which is Immediately pressing l will
take that up WITH you now and dist us
1t, postponing my reply In the other
cas.s for q later date.
Henry Smith has been ssL t'ncsd to
be electrocutad on the 18th OF this month
for the murder OF Walter F. Schultz, Oh
the 9th OF last March. It vas upon The
confession and testimony OF Henry
Smith very largely that the common
wealth established its cases against Johc-
sop, Pines and Dorsey, ell taree OF whom
were tried some moths before Sm to,
and but 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 his participation
In the murder of Schultz at the point Of
a pis tol, and stuck ID this story up to ne
time OF bis own conviction. Smith was
tried at the December term of the Cor
porstion Court of this city, and bis caee
was submitted to jury summoned from
tha CITY of Charlottesville. The Jury
evidently did not believe Smith on the
on ,stion OF bis participation 10 the crime,
but took 1t that he was equally guilty
with the others, and my opinion is that
the Jury we're thoroughly juhihsd 10
their conclusions. consequently over
ruled the motion for new trial and sec
fenced him TO death. I believed then
and believe nov that Smith participated
In the commission of this crime equally
With the others, and, therefore, know OF
no extenuatipg circumstances to Ju'tify
me in recommending executive clemency
10 this case, unless it be that by reason
of Smiths confession and his evidence in
the trial Of the three other cases aud his
assistance to the commonwealth in ttier
ways 10 helping it to establish Its cases
against johnson, Pines and Dorsey that
4. should appeal to you last he hiss ren-
dered the commonwealth such gre! t as
sist auce as to merit exetui i've clemency
to the extent of Communication of bis SEN
tencs to life imprisonment. This cues
ton, however, I take 1t Is uue which
must be lett to your wise discretion.
am, with highest ITEM,
Very respect u'Iy vnura,
LOUIS Q. BARLEY,
Judge of the Corporation C.uts OF
Virginia.
Mr.. Frederick P. Russell, Counsel for
Smith, expect, to 60 10 Richmond to-
morrow and requ:s. Governor Mann t.
commute Smith's sentence.