The sea coast echo., 1913-07-19
SMITH IS GIVEN
I, TERM Of ) YEARS
IN STATE PRISON.
Convicted Head Of Missis- :
sippi Prison Board is De-
MED New Trial Attorneys
Will Appeal Case to Su-
preme Court Judge Henry
Delivers Splendid Address
in Pronouncing Sentence
NO Attention Paid to
Pleas Of Friends.

by George Butler and Clayton D. Pot
ter, counsel for George c. Smith, for
mer trustee of the State Penitentiar!
and for the last two years president O.
that board, who stands convicted of hav.
ing defrauded the State in an automo-
bile purchase by order of majority oi
that board, Judge Henry, of the Hind:
county circuit court, on Wednesday,, a
Jack son, sentenced Smith to five years
at hard labor in the Mississippi State
Penitentiary, and furthermore, decreed
that he be removed from Office and thai
Office thereby be declared vacated. Ap-
peal was taken to the Supreme Court on
a writ of error.
Mr.. Butler argued that the State had
changed its theory of prosecution after
the trial began. District Attorney How
lie indicated that be had nothing to say
in answer.
The court stated that the questions oi
fact in the case were for the jury, and
as to the questions of law they had al
been argued thoroughly before the
court before any instructions were sub
mitted to the jury. The indictment was
broad enough to cover every phase OF
the case, and the court could not see its
way clear toward granting new trial.
REVIEWS CASE.
In pronouncing sentence the court
said:
"Mr. Smith, you have been convicted
by jury of your countrymen ofdefraud-
ing the State in the sale of a second
hand Buick automobile to the Board of
Trustees of the Mississippi Penitentia-
ry, of which Board you are a member.
1t was matter of general comment dur
ing the trial that the jury sitting in the
case was one of the very best ever i'm
panneled in the first district of Kinds
county, which was the equivalent OF
saying that it was one Of the best ever
called TO try case. They were intelli-
gent and were patient during the trial
of four days and large part of two
nights, and attentive to the evidence
to the law and to the arguments OF
counsel. You were defended by able
lawyers, earnest and diligent and sim
cere believers in your cause. Deliber-
ating for some fifty minutes after retir-
ing to their room, the jury returned to
the court verdict of guilty as charged
without recommendation.
"The punishment of the crime OF
which you stand convicted is imprison
ment in the penitentiary not exceeding
ten years or imprisonment in the county
Jail not exceeding one year, or by fin G
and Imprisonment and removal from
office. / have been urged by numb err
OF persons to sentence you to the pay
ment of a fine only; others have insisted
that be light in the sentence.
FRIEND OF FAMILY.
SCI have known and esteemed you fol
several years; your good wife | have
known from childhood; her father ane
her relations have been my friends fol
many years and my heart goes out tt
| her and her little ones in their anguish
and sorrow in this hour, and for you
am sincerely sorry. Therefore if ! obey
my personal feelings your sentence vii
be light indeed, but the path of duty o1
Judge lies before me. I must press
that path; that the travel may be un-
pleasant and painful does not lessen the
obligation imposed by virtue of the
Office I hold. love the approval of my
friends, cherish the approval of ths
public, hope TO receive approval when
/ merit it, but must have che approva
of one person. That person is my con.
stant companion; when | retire al
night that person is with me, when
arise in the morning that person is viii
me, when go to my meals that person
| Is there; when go about business
public or private, or about pleasure tina
person abides with me. Il is imperative
to me that that person exalt my actions
That person is w. A. Henry. II al
others disapproye, he shall approve.
RECALLS POSITION OF ACCUSED
| "You have been prominent in thi
state for years; you have held and nov
hold important ONCE; YOU have tn
management Of property OF the stat
valued at more than 81 ,00o. 900; 70,
have yearly had the disposal OF stat
products approximating s5O0,o0 il
value.
i "This being true, You, . man 9
prominence, occupying hign oficia
station, TO whom an important trust ha
been committed BY coniding people
would I, the judge Of this district, b
ljustified il imposing hne or Jail sen
lence on you? Would not such : sen