The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1911-10-13
SHERIFF SMITH OF
VOLUSIA COUNTY
Gets Change Of Venue to Ala
Chua COunry
Indicted for Murder in First
Degree.

Sheriff Z. l.. Smith of Volusia county
who shot and killed William A. McCas-
kill in Lake George on the 2Sth of Sep
tember was on Tuesday last indicted for
murder in the first degree by the grand
jury of the Putnam circuit court.
1t will be remembered that on Thurs.
day of last week the coronor'S jury at
Welaka gave verdict that called
Smiths crime felony. He was brought
TO this city the same evening in the Gus
tody of Sheriff Kennerly and taken be-
fore Judge M. |. Coze who fixed the
time for a preliminary hearing at 10
the next morning, and released Smith
under $1,000 bond for his appearance
that morning.
Recognizing the case as one of great
importance, Judge Coke on that same
evening called up on the loEg distance
telephone, Hon. A. V. Long, states at
torney, and asked his presence at the
preliminary hearing.
AT this hearing which was not held
until Friday afternoon Mr.. Long was
present. Smith waived the preliminary
hearing and on advice of the states at.
torney Judge Coke fixed the hond OF
Smith, for his appearance before the
grand jury on the following Monday, at
$4,000. This bond Smith gave.
The Indictment of the grand jury was
handed in Tuesday afternoon, but the
attorney for Smith asked that the court
postpone the arraignment until WedneS-
day, whereupon Judge Wills fixed =
O'Clock Wednesday morning for Smiths s
arraignment, and in the meantime Smith
was placed in Jail.
At 9 O'Clock Wednesday Smith was
arraigned and pleaded not guilty, where
upon one of his attorneys, Alexander 81.
Clair Abrams, entered a motion for
change of venue TO some county TO be
selected by the court, which motion he
asked until afternoon to argue.
This request was also granted. AT
o'clock in the afternoon Mr.. Abrams
was heard on his motion, and there be-
ing no objection on the part of the
states attorney, Judge Wills granted the
change of venue TO Alachua county, and
set the trial for the third Monday in
November.
Mr.. Abrams then asked the court 10
allow Smith TO give bond, in an amount
TO be named by the court, for his ap-
pearance for trial Judge Wills fixed
the bond of Smith at $4,000. All the
witnesses were then called and placed
under their personal recognizance in the
sum of 800 each for their appearance al
Gainesville on the third Monday in No
vember.
, From the finding OF The indictment or
Tuesday until the final order OF The
court for change of venue and the fix
ing of bonds, Sheriff Smith was yer.
nervous man. He chewed gum inceS
sanity and vigorously, and once or twice
appeared on the verge of collapse
Once, Wednesday morning he, made re
5 quest of Sheriff Kennerly to be takeI
back to the Jail. When the change o
venue and bond was granted he appear
ed to brighten up bit and his jaw eS
: erciSe on the gum became less vigorous
. Sitting in the court room with him wcr
t his bondSmen, MeSSrS. Jackson an
!. Bielby OF DcLand. They all left 10
, home on the 4:1O p. III. train.
The preliminary conduct of this cas-
4 has caused some considerable CONNER
L among the people. They have criticiSe
!, the action of the sheriff and the count
2, Judge. The Jacksonville Times -Unio
= has been severe in its cenSure of thes
!. officials. But from the best legal az
i vice obtainable the News fails 10 fin
y ground for the structures OF the Time
y Union. On the other hand, with poSS
k bIv minor exception, the opinion {
IT those presumed TO know is TO the cffe
o that the sheriff has all along acted
@ slliCt conformity with his sworn duty
o The state.
n The News from the first has held
the opinion that great crime has bee
committed, and one that the reaSonab
demands for juStiC require should be
ycrely punished The man charge
with the crime is the sheriff OF an a
- Joining county. In the ncighborhood
the crime, among the neighborS al
friends of the victim feeling ran hig
There was demand for vengeanc
But the sober, second thought of the
law-abiding people is now or soon W
be for Justice instead OF the wrathfl
, Spiteful avenging OF a wrong.
!, The News wanted this man Smith {
- curcly placed in the hands of the Ia
that the law might take its course.
has been SO placed. Now that he is
the hands of the law he should have
fair and impartial trial. We believe
will gel il.
This paper also believes that the ST;
of Florida has the evidence 10 conv
r. l.. Smith of Scmc degree of murd
and that the blood of w. {. McCaSk
will not CRY from the ground in vain.