The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-06-09
LIVES OF NEGROES
PROBABLY SECURE
Murderers OF Schultz, 1t Is Be-
lieved, Will Escape
Electrocution.
JUDGE THINKS THEM GUILTY
Declined to Indorse Petition,
Machen's Hard Fight for
Client.
Electrocution.

Imprisonment for life in the State
| Penitentiary is likely to be the fate
| of Calvin Johnson. Richard Pines and
Eugene Dorsey, the murderers OF
| Walter Schultz, the Chicago artist.
! While Governor Mann could not be
reached last night, the Impression Is
| that this morning he will commute
| the sentences of the three men who
were to have been electrocuted to-
morrow.
A petition largely signed was for
warded to the Governor yesterday by
sci for Johnson, who has labored for
months to secure clemency for his
client. giving much of his time and
efforts to the case. Mercy to Johnson
necessarily meant similar action for
!, the others. since the testimony at the
various trials was practically Identical,
Several kilograms were sent the Gov
ernor yesterday saving that there was
generally shared opinion that the
men ought not to be executed.
Judge DIsnsrecs.
In this view OF the matter Judge
l.. G. Barley and Commemorative At
torney Samuel Brent declined to coin
eide. The trial judge and the prose-
cutting attorney believe the men to
be guilty. In fact. peculiar feature
of the case is that Judge Barley wrote
to the Governor suggesting that II
clemency were exercised at all 1t
might be in the case of Henry Smith,
who assisted the Commonwealth by
turning States evidence. However,
the executive allowed Smith to be
electrocuted last Friday.
Although Smith was quite evidently
periurer, 1t Is evident that while
the trial jury from Charlottesville did
not believe the story he told at the
trial OF his part in the crime. which
was that he was forced to aid in 1t.
they. nevertheless, were convinced that
he was, as Judge Barley says, equally
guilty with the others. and my opin-
ion is that the jury We're thoroughly
| justified in their conclusions. | be-
| lieved then and believe now that Smith
participated in the commission OF this
crime equally with the others
Mr.. Machen's efforts in behalf OF
| Johnson reached to the extent of the
Issuance by him of pamphlet, entitled
| "1he Mystery of the Death of Schultz
| In this he presented lengthy argu-
ment in behalf of the three condemned
| men. The case is difficult one, and
the men have been respited time and
| time again to give further time IN
| which 10 examine into the evidence
! Governor Swanson first gave reprfeye
! to allow an appeal to the supreme
| Court, which was refused. and then he
| passed the matter on to his successor.
| stabbed in Jugular.
Walter r. Schultz. of Chicago. was
| found dead near Rosemont, in Alex
| ~ tI,a Sun.
| day. March I, 1909. His throat was cut
| or stabbed on the left side. He had
| gone TO Washington presumably to at
| tend the Inauguration of President
| Taft, the evidence indicating that he
had become intoxicated.
There was said TO be little or no
| doubt that the murder was not COM
mitted at the spot where the body was
found, for the reason that although
the jugular vein was severed, there
was practically no blood at that place
1t was the contention of Mr.. Machen
that there was no satisfactory proof
that Schultz was in Alexandria on tho
day of the murder. and, in fact, he
contends that the day itself was un-
certain. There is a theory that he was
killed in Washington and his body
brought to Alexandria county.
Smith stated a few moments before
his death last Friday that his com,
panions were innocent and that he
was also. After his many stories con,
nected with the case, no one can be
found to believe anything he might
have said at the time. He was advised
by the Commonwealth's Attorney prio,
to his trial that If he would plead
guilty to murder in the second degree
he would be given an eghteen-yeal
sentence. But he refused to do this
and insisted upon trial.