Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-04-08
Smith, AssaiIant of Morris
Bennett, Sentenced to Limit.
TIME MAY BE SHORTENED
Depends on Supreme Court Action
on New Penal Code.
SCORES. PRISONER
COURT
Attorneys for Prisoner Note an Ap-
peal-Government Must
Pay Expense.

James FL. Smith, alias kabusta, con-
victed of an assault to kill and of robbing
Norris Bennett on the Benning road No
vember 20 last. was today sentenced by
Justice Anderson in Criminal Court No.
1 to serve thirty years in the pehiten-
tiary-the maximum penalty Of the law
fifteen years for each offense.
Smith received the sentence without
displaying any emotion, after telling the
court he had nothing to say why the SEN
tence of the law should not be pro-
nounced.
II don't care to comment on your
crime" said Justice Anderson, in impos-
ing sentence; the details are too painful
to think about. much less recite. With
one exception, do not recall any crime
attended with so much cruelty and in
which there was such complete absence
of cause or extenuation.
On the robbery count the sentence of
the law is that you serve a term of fifteen
years in the penitentiary. At the end of
renitentiary for an additional term Of
fifteen years on the first count Of the
Indictment charging an assault with in
tent to KILL.
Appeal Is Noted.
Attorneys George c. Shinn and Claude
". Owen, for the prisoner, noted an ap-
peal to the Court of Appeals. and obtain
ed leave to prosecute the matter in the
upper court at the cost of the govern
ment. as counsel said the prisoner is
without funds.
When United States Attorney Wilson
had moved for the sentence Of Smith, At
torney Shinn told Justice Anderson the
defense would
Of the motions for q new trial and in ar
rest Of judgment, but asked that sentence
be deferred until the United States Su-
preme Court passes on the question Of
the application Of the new penal code to
this District. The question is involved
in the Johnson murder case, In which the
court was asked today to grant q writ
OF certioran to review the decision Of the
plicability of the new code. Under the
penal code the charge Of assault to kill
would fail. as the indictment is drawn
under the District code.
Mr.. Wilson opposed the delay and the
court ruled with HIM.
Story of the Attack.
The crime for which Smith received the
limit Of the law was committed near
Gitchie Spring close to the District line.
The victim, Morris Bennett, conducts
Maryland. and had given Smith lift
in his wagon. The night before the as
sault Smith went to the store OF Bennett
and asked the grocer to carry some tools
to this city in his wagon next morning.
Bennett consented and picked up Smith
a short distance down the road from his
store in the early morning.
The assailant after putting the tool
chest into the back Of the wagon climbed
into the vehicle. and refusing seat be-
side the grocer, sat inside the wagon.
Bennett told the jury, Smith struck him
on the head with hatchet and rained
blows on his head until he sank into un-
consciousness.
1t was nearly four weeks after the oc'
currence that Bennett became conscious
at Casualty Hospital. He identified
Smith as his assailant.
Wanted in Chicago.
Smith also has been identified by three
Chicago detectives as a man known as
kabusta, or Cabbage. and wanted in Chi
cago for two murders. No attempt, how
ever, at extradition has been made.
As the only question involved In the
appeal noted by Smiths counsel IL on
the assault charge, and as he does not
have to begin his sentence for that crime
until the expiration of the robbery term
of fifteen years. Smith probably will be
sent to Atlanta. Ca, with the next con-
signment of prisoners. Should the United
States Supreme Court declare the new
penal code applies in the District Smith
will be released at the end of the first If
teen years. Should the decision be unfa-
vorable. he will serve out the entire term
of thirty years.
Assistant United States Attorney Proc
tor was associated with Mr.. Wilson in
the prosecution.