Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-20
FINDS SMITH GUILTY
Jury in Bennett Assault Case
Out Hour and a Half.
PRISONER REMAINS CALM
Shows No Emotion at Verdict, Which
Carries Thirty Year Penalty.
MOTION FOR a NEW TRIAL
Curious Admixture of Psychology
and Facts in Closing Argu-
ments of Attorneys.

James H. Smith, alias 'kabusta." was
adjudged guilty this afternoon of murder
ousy assaulting Morris Bennett and of
robbing him of $50 near Gitchie Spring,
D. c.. November 20 last. The jury in
Criminal Court No. 1, Justice Anderson
presiding, which rendered the verdict was
locked I'D at noon and announced it's de-
cision at ! 80 o'clock
Although thirty years is the maximum
penalty facing Smith, he heard the ver-
dict without trace of emotion showing
in his face.
Attorneys George C. Shinn and Claude
Owen will file motion for new trial
tomorrow.
Psychology VS.. Fact.
In the closing arguments of the attor-
neys in the trial of James H. Smith there
was a curious mixture of suggestion, psy
chology and hard. cold facts. On the
side Of the defense Claude Owen and
George c. Shinn drew almost a fantasy
of psychological inferences, suggesting to
the jury the mysteries and powers OF the
brutal third degree" and dwelling in in
finite detail on the influences which con-
stant suggestion would have had on the
battered Bennets mind when the name
and portrait Of James II. Smith were held
constantly before him. 1t was their ar
gument that the picture of Smith was
forced into the cells Of his confused brain
when he was in semi-cOnSciOusness until
it produced chimera-like conviction
that Smith was the man who crept up
behind him in his wagon and hacked his
skull in thirteen places.
On the other hand, Clarence Wilson,
United States attorney. laughed at the
mere thought of suggestion. and said the
case had no sensatiOnalism about 1T, that
it was plain. every day case of brutal
assault. and that one or two small pieces
of evidence prove beyond all doubt that
James H. Smith used the hatchet on
Norris Bennett on the morning Of NOvem-
ber 30
Accuses the Witnesses.
-.sxstde @from raising tile question OF
whether Bennet knows what he Is talk
lug about when he accuses James II.
Smith. Claude Owen of counsel for
Smith, assailed the police in bitter fash
ion, and at one time accused the Walker
brothers and Lawrence Britt of con-
spiracy against the defendant. During
sat inthe courtroom grinning.
Mr.. Owen called these witnesses build
ers of evidence, rather than carpenters,
who have dovetailed their testimony so
nicely that they have erected structure
which they hope will deprive this poor
man of his liberty" When Mr.. Owen.
started out to fay the testimony of the
Walkers and Of Britt he had every one
listening to him.
What of the Walkers and of Britt?"
",
the police have left it mystery. The
police have not told you why they did not
accuse the owner of the hatchet and they
have not told you of the conversation be-
tween John Walker and themselves.
Police the "Architects.
They have all built up fine structure
of evidence. They have told you Smith
borrowed money, and, all in ALL they have
told such story as to entitle them
to the name of evidence makers rather
than carpenters. The police are the arch
itects of this structure. They laid the
plans to convict Smith. and the Walkers
have come here to do the work.
George Curtis Shinn argued that the
case had been so sensational that the air
of hostility against Smith had pervaded
the courtroom and that spectators had
nodded approval when a point had been
made against the defendant.
Clarence Wilson. United States attor-
ney, cast aside all talk of mental sug-
gestion" and the psychology of the third
degree and got down to one fact. which
he said to him was the most significant
That fact was the testimony of the col
ored man. Cousins, who said he saw
Smith running through the woods like
he was skeered to DEATH"
That said Mr.. Wilson, would be
enough to pin this man to the crime He
was running away from the crime and
was seen In it's close proximity. After
he had run far enough he began to estab-
lish his alibi''
of the police, characterizing Mr.. Owen S
statements as IAN unwarranted attack"