Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-02-16
SMITH RESPITED.
Letter of Messrs. r. D. Brumbsck
and F. P. Russell to Governor
Mann.


ored, who was sentenced to be electro =
cuted next Friday for participation 10
the murder of Walter F. Schultz, have
sent tie following letter ID Governor
Mann: .o
February 18th, 1910.
To his excellency, William Hodges
Mann, Governor Of Virgins, Rlcn'
mond, Virgins: ,, =,
SIr:-As our Oommonweslth's AT
torney. Samuel @. Brent and Judge Of
the Corporation Court, Louis u Barley
have both writer letters to your excel,
lency stating their views In the case OF
Henry Smith, who is seDt'nced 10 De
eIe. t .ocuted this coming FRIDAY We ieei
that we owe 1t toItbe accused as we'll as
to ourselves to scqusint you with oor
uosition aud views Of this case.
In the first instance we we're sslgneo
BY the courl ID defend Smith. be being
Without means to employ ctu1sel, and
as CT u assl for him we endeavored 10 Inc
best of cur ability to present to the Jury
all of the facts, evidence and the law OF
the case. Since the trial OF the case
We have thought that the court and the
Common wealth's attcrne, would recon-
mend q commu alton OF his seutence 10
life Imprisonment, and consequently
were greatly surprised when we reao
the letter Of the commemorative a.
toruey and somewhat grati6ed when we
found that Judge Barley mad written
letter which would indicate that he
IA Ia favor OF a Communication oil
Smiths sentence. You have before you
Smiths confession 10 Johnson's case
which was introduced 10 his OVID
case by the commonwealth and the
evidence was practically sll the
,stjmony Introduced by the common
wealth 10 The trial of Smi,b, and upon
which the jury convicted bin OF murder
iu the frat degree. 1t is not our puu-
pose to argus this case, tut We feel that
we are justified In mentioning t re sew
eral circumstances upon which alone the
i1ry found the prisoner guilty. First;
Cht Smith left home on Sa'u day abou,
noon and went to friends bCu'e, where
he remained until O'Clock of that even
ipg, at which time he left, and an hour
lstsr appeared at the home OF another
friend, Esrls, where be spent the night
and until o'clock the following day.
While be was at this friends htu'e that
uiRht he told him tle reason he did not
want to 60 home Wss because he had
alruck q man In the head with q rock.
The other cirtu instance was he stated
tb.t ne reason be did nl say at home
on ne night OF this u der was that his
sife told him 81 officer ya' looking for
him, calling tie officer by name, and 1t
appeared that the officer was no! on ny,
al t1e time, and could not have notified
his wife. These two Giro u instances are
practically ell The facts together with
the confession tist the july hsd to go
upon In finding the prisoner gully. We
would say that there was no evidence
ia this trial thstthe deceased, Schulz.
bad ever been struck by q rock snd 1t
would seem from all the evidence ln the
case tbtt be wss killed BY a sharp ir-
stupen, piercing his neck In two sue
cessiye stsbs. In explanation OF the
other circu instance above mentioned
Smith had been threatened with arrest,
and for that reason be left home and
spent the dsy st Elis's, and told tie
story of hitting a man In the head with
rock so as 10 get place to spend ths
uigt t, ct Earle. The commonwealth
theory of this case was 1at this murder
was committed on Saturday evening be-
Eeen z and O'Clock. II would seem
from Inc confession of Smith, t'gethtl
With the eviderc, OF bis whereabouts uE
IL o'clock OF that evening and BIZ
appearance Ct his friends house, Ears
at g o'clock, that it Was prstt cally I'M
possible for him to have tlken part II
| this murder and gotten back 10 th'
period OF an hour. We simply ttit'
ori, e, ID chow you that the tett monI
| 10 this case against this prisoner va
very slight and creating, 10 cur minds
ONLY a suspicion of his guilt. Should
your excellency desire O full report o
| sll the facts In this case We will endesv'
| to Get them and send them to yon. W
also desire to bring 10 your attention Ia
| fact that before the tIlsl of The accuses
Mr.. Brent publicly and privately, II
print aud orally, proposed to the accused
Smith to plead guilty to the charge o
murder as indicted and accept a sentene
| of eighteen (lS) years 10 the psnltentisry
stating at the same time that be felt justi
| fed In making this offer to him,ss 1t wa
| upon his testimony principally ths
| Pines, johnson and Dorsey we're con
vittsd, snd for this reason he was ert
ed to clemency In thus rendering h
State of Virginia service, whereof
these criminals we're convicted. We ais
desire to state that had II not been 10
Smiths confession the murderers woul
, never have been apprehended and Gel
tainly never have been convicted
While We have no interest 10 TIL
, case other IAN such interest as one hs
10 the welivre of humanity In geners
: and also believing IA! the int rest OF ID
: state of Virginia would be promo ID b
recoRnlz' ug the services OF this prlsone
, 10 copvictiug the said Pines, Dorse
and johnson, We believe that 20
would be justified In committing tn
this prisoners ser 'uce to life irpriso'
3 ment In the peDit military, ard bellies
J that your act In 80 doing would |
heat ly approved Of By greet numb'
of the citizens 10 Alexandra.
1t Is true that Smith made a secon
p. confession TOR bis trial aud congietio
l. Il II IiHarnnl ~ -