The Washington times., 1912-04-08
THIRTY YEARS FOR
MAN CONVICTED OF
ASSAULT CHARGE
James Smith, Alias Kabusta,
Gets Maximum Sentence
From Justice Anderson.

Thirty years in the penitentiary-the
ma ximum penalty-was the sentence inn
posed by Justice Thomas II. Anderson
In Criminal Court, No. /. today on James
II. Smith, alias John Kabusta, wanted
in Chicago on two murder charges.
Smith was convicted of assaultlng
and robbing Morris Bennett, Fair
mont Heights, Md. grocer, on Novem-
ber 20 last, a hatchet being used In the
murderous attack.
Because the assault on Bennett came
four days after the brutal murder of
William II. Mickle, Seventh street to-
with monkey wrench and robbed,
Smith was suspected of that crime for
time, and. as matter of fact, Is still
under cloud.
when Justice Anderson overruled a mo-
ton for a new trial and motion to
arrest judgment. -
In passing sentence, Justice Anderson
on the details Of the crime, which were
of such a character as to be painful
to think about, let alone talk about
He said that with one exception Smiths s
crime was attended with more cruelty
and less extenuating circumstances than
any other ever coming to his notice
while he was on the bench.
Desperate Criminal.
Officials deem Smith one of the most
desperate criminals ever in the clutches
of the law in the District. He has twice
been positively identified as the man
wanted in Chicago on charges of mur-
der, one of the killings having been
committed with baseball bat in d
manner not dissmilar to the Bennett
and Mickle attacks.
Efforts have been made by the Chi
otttl eff tfu a. h. tz~I. -
Smith in order that he may be tried
there, but 1t is understood that he will
be sent to Atlanta within the next week
or ten days to begin his long sentence.
Attorneys George c. Shinn and Claude
w. owen, counsel for Smith. made a
motion for an arrest of judgment, pend
ing the outcome of the appeal in the
johnson murder case, which, in an in
direct way, involves legal points inject
ed in their clients trial. The claim was
made that section $50 of the new penal
code applies in the District in regard TO
assault as well as qualified verdicts'
in murder cases. but the contention was
overruled by Justice Anderson, who held
that a different point was raised in the
Smith case.
Attorney for Smith urged the arrest
of judgment on both counts-assault
and robbery-at first, and then argued
that the sentence be imposed on only
the one pending the outcome of the
johnson case, but the court was averse
to the proposition, and gave the pris-
oner the limit The limit for each count
Is fifteen years.
Unconscious for Weeks.
Bennett, the victim of the murderous
assault, remained unconscious for
nearly four weeks in Casualty Hos
pital, his head badly battered and his
face horribly mutilated. When he re-
gained consciousness he promptly iden-
aSRailant
The story told by Bennett was that
he had agreed to take a chest of tools
from Capitol Heights to Ninth and d
streets northwest for Smith, and that
they were to make the trip early in the
morning on November 20. He testified
that he went on without Smith, and
that the latter overlook him near
Gitchie Springs and climbed into the
back of his wagon.
we had gone only q, short distance
wien Smith pulled 4 hatchet from un
der lis coat and struck me down." the
grocer told the Jury.
Scared and showing evidences of the
hacking, Eeunett presented pathetic
appearance before the jury. Several
dramatic Incidents. including the vic
TINS accusation and Identification Of
smith. occurred during the trial
.!orp and Cleveland walker, of Cedar
Heights Nd. one time pals of Smith.
Lawrence Britt. another buddy" Of
other days
United States Attorney Clarence r.
Wilson anil Assistant Prosecutor James
N. Proctor represented the Government
in the trial.