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

Messrs. r. D. B,pmback and F. P.
Russell, council for ii snry Smith, co..
ored, who was sentenced to be electro
cuted next Friday for participation 10
the murder of Walter F. Schultz. have
sent tie following letter to Governor
Mann:
February 18th, 1910.
To his excellency, William Hodges
Mann, Governor of Virgins, Rich'
mond, Virginis:
Sir:-As our CommonWealth's AZ.
torney, Samuel g. Brent and Judge OF
the Corporation court, Louis Z. Barley,
have both written letters t. your excel.
lency stating their views In the case OF
Henry Smith, who is seStsncea 10 De
Gle, :ocuted this coming Friday, we feel
tina. We owe it to5.be accused ss we'll as
to ourselves to scqusint you with onr
position aud views of this case.
In the first instance We we're assigned
by the coar. t, defend Smith, he being
without means to employ ctu1sel, and
as CT uassl for him we endeaVored 10 the
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
c,mmonweallh's attorney would recon-
mend q commu alton of his serteuce to
life Imprisonment, and consequently
we're greatly surprised when we read
the letter of the commemorative a.
torney and somewhat gratifed when We
fouEd that Judge Barley mad written q
letter which would Indicate that he
Is In favor of a Communication OF
Smiths sentence. You have before you
Smiths confession 10 Johuson's csse
which was introduced In his own
case by the commonwealth and the
evidence was practically all the
testimony Introduced By the common
wealth 10 The trial of Smi,h, aud upon
which the jury convicted bin OF murder
In the fret degree. 1t Is not our puc-
pose to argu. this case, tut We feel that
we are justified In mentioning le sew
eral circumstances upon which alone the
i1ry found the prisoner guilty. First:
rh, Smith left home on Sal day aocu.
noon and went 10 friends bCu'e, where
be remained until 7 O'Clock of that even
Ing, at which time he left, and an hour
lst.r appeared at the home of another
friend, E4rls, where be spent the night
and until 2 o'clock the following day.
While he was at this friends htu'e thlt
night be told him ne reason he did not
want to 60 home WAS because he had
struck man in the head with rock.
The other cirtu instance was he stated
Inst the reason he did q. say at home
on the night OF this der vas that his
wife tcld him an officer va, looking tor
him, calling tie officer by uame, and 1t
appeared that the officer was no! on Gu y,
al the time, and could not have notified
his wife. These two Giro u instances are
practically all The facts together with
the confession inst the july had to 60
upon 10 finding the prisoner guilty. We
would say that there was no evidence
ia this trial tbatthe deceased, Schultz.
had ever BEEN struck By a rock end il
We uld seem from sll the evidence 10 The
case thst be wss killed by sharp ir-
st.upen. piercing his neck in two sue.
cessivs stabs. In explanation of the
other circumstance above mentioned
Smith had been threatened with arrest,
and for that reason he left home and
spent the dsy st E.lis's, and told tie
story of hitting a man ir the head with
rock so as 10 gtt place to spend the
nigt t, tt Earle. The commemorative
theory of his case was toat this murder
was committed on Saturday evening be.
tween 7 and S o'clock. II wCuld seem
from the confession of Smith, t'getht r
With the eviderC. OF bis whereabouts up
z O'Clock OF that evening and bis
appearance ct his friends house, Esrls,
at s O'Clock, that it was prstt cally I'M
possible tor him to have t'ken part in
tbs murder and gotten back 10 the
period OF an hour. We simply site
bri, H5 t, show you that the text mony
10 this case against this prisoner was
very slight and crest'ug, 10 Gu. minds,
only suspicion of his guilt. Should
your excellency desire full report of
Sill the facts In this case We will endesv r
to Get them and send them to yon. We
also desire to bring 10 your attention the
fact that before the trial of he accused
Mr.. Brent publicly and privately, in
print and orally, proposed to the accused
Smith to plead guilty t, the charge OF
murder as indicted and accept a sentence
of eighteen lS) years in the psnltentisry,
stating at the same time tat be felt juati.
fed In making this offer to him,ss it was
upon bis testimony principally that
Pines, johnson and Dorsey were con
vittsd, and for Ills reason he Was EMIT
ed to clemency In thus rendering he
State of Virginia service, whereby
these criminals we're convicted. We also
desire to state that had 1t not been for
Smiths confession the murderers would
never have been apprehended and Ger.
!ainly never have been convicted.
Willis We have no interest in this
case other | ian such interest as one has
In the welfsre of humanity In general
and also believing tas! the il t rest of The
state of Virginia would be promt ID BY
recognIz' ng the services Of this prisoner
10 convictiug the said Pines, Dorsey
and johnson, We believe that yor
would be justified in committing this
this prisoners SOD ,nce to life inprisor
menI In the pept sntiary, aud believe
thet your act in 80 doing you'd bs
heat " approved OF BY grett number
of the citizens in Alexandra.
It ia true that Smith made q SECOND
confession ,r bis trial aud conviction
In which be related diffsren! 1t ny