Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1913-08-08
BR|BE RECEIVERS
SENTENCED TO PEN
Five Convicted Legislators Of This
State Are Given From Five to
SIX Years Each.


f, Asbury. Of Putnam county; Or B.,
A. Smith, of Roane county. and David
+. Hill, Of Mason county were sen.
fenced to the penitentiary Yesterday
by Judge w. S. o'Br'en for having
accepted bribes to vote for Col w s.
Edwards for United States senator.
Rhodes Duff and Dr. Asbury were
given six years each; Senator Smith
FIVE years and six months, and Hill
five years. All were disqualified for
life from holding public Office in West
Virginia.
The sentencing or the men came
shortly after Hill, the fifth legislator
to stand trial, had been convicted.
Hill was the last of the FIVE to be sen
tence. and Judge O'Brien told him
that he had taken mo consideration
the fact that Hi had not committed
perjury.
More than two months have been
consumed in the trial Of these cases,
the first of their kind in West Nir-
ginia. Two legislators remain to be
tried.
The jury found Hill guilty soon at
ter the case was given to it. Henry
Brannon, former member Of the Su-
preme Court of Appeals, was the only
attorney to speak in Hills defense.
Sentence Suspended For 90 Days.
An arrest of Judgment and stay of
execution for 80 days was gwen to
allow application for appeals to the.
State Supreme Court,
Before sentencing them Judge
O'Brien asked each of the convicted
leg slators ( he had anything TO say
why sentence should not be imposed,
Nothing to say" replied S. u. G..
Rhodes, who was accused of offering
to sell the votes of seven legislators
to several candidates for United
States senator last winter
Il have nothing to say" Rath Duff,
Rhodes chief lieutenant said. As
bury answered in q clear voice I'm
not guilty" and Hin and Senator
Smith did not reply
The courtroom was crowded when
Judge oBrien began his address. He
said:
"Jures of your countrymen have
found you guilty as charged in the in
world and the evidence this court is
impelled to declare these Verdlcts
true. BY overwhelming testimony it
has been shown that you committed
crime affecting the public welfare
and should not be acquitted
Judge Upholds Entrapment.
The Judge congratulated Thomas G..
Townsend for his effort to detect and
break up the practice of bribery at
the legislature, which. he sad, was
generally believed to have existed
for many years. lH
"The Prosecuting Attorney Of Kan
awha county was acting within the
province of his sworn duty when he
empJoved detectives and others to en-
trap YOU" Judge O'Brien said. In
the futherance of his purpose he had
the right to obtain money from 9th
ers for such purpose and to provide
money to detectives.
Misdemeanor indictments are pend
jng agaist George S. Nanmeter and
Rev. T. j. Smith, members of the leg
islature. A continuance has been
granted in the case Of Delegate Smith
yanmeter who arrived last night, but
if his case is taken up at this term OF
court at will require several days to
empannel a new jury.
Men Arrested In February.
The five convicted Legislators we're
arrested in a Charleston hotel on Feb
ruarv II by Sheriff Bonner Hin in the
presence of Public Prosecutor Town
send. who. with the aid of a private
detective. investigated the rumors OF
br berry which we're being circulated
at that time in regard to the seha-
tornl election They were taken pc
fore a Justice OF the peace, where
they waived hearing and all held IN
$4,000 bond. On February IA at Il
spec al session of the grand jury they
were Indicted. Charges were maze
at this time by Delegate 5. o. G.
Rhodes. one of the convicted legis-
iators. that Colonel william Seymour
Edwards. one Of the candidates foF
United States senator had offered
brtbes These charges fell fiat. how