Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-07-14
italian Who Killed Harry Elton
Smith to Serve Life
in Prison.
DECLARED BY ALIENlSTS
TOBE OF UNSOUND MIND
President Acts on Recommendation
of Attorney General-His-
tory of the Crime.

Life imprisonment is TO be the doom
OF Tony NIilano. shoemaker. who was
condemned to hang for the murder of
Harry Smith, twelve years old. slain in
Nilano's cobbler shop nearly two years
ago
The President. acting on the recon-
sntndation OF the Attorney General. to-
day commuted the sentence of death,
imposing instead a lifelong restraint OF
liberty. One the authority of alienists
who examined the Italian cobbler in his
prison cell the Attorney General express
ed conviction that Milano is not of sound
mind. and therefore not mentally respon-
siole for the crime Of murder.
SIilano's peril of execution has been
twice averted by executive clemency. The
President last granted him a respite from
hanging until July .. Had this respite
not been granted Milano would have
hanged today. the time appointed in his
first respite.
Expressing himself as being truly sorry
for the crime, and feeling certain he
would have to pay the penalty on the
scaffold. Miiano made a statement to his
counsel in which he told part of the story
Of the crime. That statement was in
Guided in the petition to President Wilson
asking for Communication of sentence.
Milano declared he was not averSe to
complying with the legal requirement OF
giving life for life, SO far as he was
concerned. but he would have preferred
Ife Imprisonment, he stated, because he
feared his wife and three children never
would forget his death upon the scaf-
fold.
Seeks to Have Sentence COMMITTED.
Since September IL, 1911. when the
Italian shoemaker dealt little Harry Ell
ton Smith q fatal blow with his hammer
and since o'clock the next morning
when he applied the torch in an effort to
Sncnerate the body and destroy telltale
evidence, Milano had been a miserable
creature. His conscience was relieved,
however, when he sent President Wilson
Q written confession, the first confession
Be bad made other than to his spiritual
o6y1oer, In an effort to get his sentence
onmmuted.
Z have tried to think it out while sit
elng In my cell, but have no recollection
~ setting any oil or putting the oil
= nd nd :sstl.g :sai.s,s. ass 70 ses xss
u hls confession
n WAS not until the confession was
enads public that Milanos story Of the
crime became known He did not take
th3 stand in his own behalf at the time
he was tried, and before that time he
had denied having killed the boy.
II did not take the witness stand, he
explained to the President, because l
did not think the jury would believe me-
Recounting the story of the tragedy,
Ni,ano stated in his confession that the
Smith boy rushed into his place as II ne
Were being pursued by other boys. and
In his excitement he either struck him
with his hammer or threw the hammer
at him.
After / hit him. stated Milano. Il
was 50 infuriated and crazed by what
] did that | do not know exactly what
] did ! believe that after | struck the
boy with the hammer that l become out
o. nv mind and for that reason ] cannot
remember anything that happened tnere-
after. | don't even remember throwing
tire boz behind the couch, nor have / any
recollection OF setting fire TO the place.
Says Boys Annoyed Him.
Milanos statement went on to explain
that boys in the neighborhood teased him
and drove him to fits Of anger and caus-
ed him to lose his mind for the time
being.
The shoemaker gave the President in
formation concerning himself from the
day he was born in Naples. thirty-seven
years ago. until his arrest September II,
1911. He first came TO this country sew
Cnteen years ago, remained three years
and returned to Italy Three years later
ne returned here. His wife. Mrs. FOrtu
nata Milano. and three children went
10 Brooklyn some time after the murder
was committed.
Following the murder OF the boy, a
succession of happenings in the Smith
family made matters almost unbearable
20 Mrs. Smith and her daughters, Misses
May Gertrude and Myrtle Smith
At the inquest over the body OF the
boy the recital OF the details of the
Au a.
Smith that she sprang upon Milano
and succeeded in disfguring his face
before she could be pulled away In
Mount Olivet cemetery she attempted
for some time that she was able to
leave a hospital and return to her
mother. More than a month later she
died Of q broken heart
Mrs. Matte Smith. the mother, and
Miss May Gertrude Smith suffered at
tacks Of nervousness and We're under
treatment some time Miss Myrtle
Smith had been touched by the appeal
of the wife of Aer brothers slayer and
had seen that they were provided
clothing and food, some of the clothing
OF her slain brother having been trans
ierred 10 the Milano children
Not of Sound Mind, Says Report.
~ the time the homicide was COM
mitted. says the Attorney General in
tHS TcpOTl, upon WHICH the ITcSlucnt
acted, epitomizing the report Of Dr.
Benjamin r. Logic. alienist for the Dis
trict of Columbia, Milano was not of
sound mind and was not capable of
forming an intent to kill For at
least four years previous TO the deed
Milano was unable to control himself.
and the lives of those with whom he
cams III contact were in danger
Milano's insanity is described as "alco-
hoic hsliucinoss.' distinguished from
mere drunkenness or pathological reac-
ton through alcohol. Alcoholic psy-
Ghosts is recognized by the courts OF the
District of Columbia as a distinct entity
and true mental disorder. and persons
SO diseased are committed to the Govern
ment Hospital for the Insane.
But Milano will not be directly commit
ted TO st. Elizabeth or other insane
asylum. IL the usual procedure is follow
cd. The Presidents Communication does
not deal with the disposition of Milano.
further than u direct life Imprisonment
in the penitentiary. He will probably
within the week be taken to the peniten-
t:ary at Fort Leavenwortn. There II
tie prison authorities determine that his;
rlental condition warrants, he may be
IIrhaps later committed to an insane
ssyIun, probably the Government Asylum
Tor the Insane in Washington
The Attorney Generals recommends