The Port Gibson reveille., 1913-07-24
SMITH SENTENCED TO
FIVE YEARS HARD LABOR
OFFICE OF FORMER PENITENTIARY
TRUSTEE DECLARED VACANT.



misunderstanding q motion for a
new trial by George Butler and Clayton
D. Potter, counsel for Charles C. Smith,
former trustee Of the state penitentiary
and for the past two years president Of
that board, who stands cOnyictd of hav-
ing defrauded the state in an automo-
bile purchased by order of a majority
of that board, for numerous reasons as
signed, Judge Henry sentenced Smith to
five years at hard labor in the Missis-
sippi state penitentiary, and further
more decreed that he be removed from
office and that office thereby declared
vacated. So far as the lower court is
concerned this ends the most noted
criminal trial which has occurred in Mis-
slssippi for many years, and it remains
for the supreme court to say whether
of not the assignments of error as sub
mitted by Smiths attorneys were well
taken.
Gen. Butler at once proceeded to read
motion for a new trial, assigning % rea-
sons therefor, all of which, as declared,
show manifest and prejudicial error
against the defendant in the trial of the
case. The reading of the motion and
the assignments of error was followed
by brief but forcible argument in sup
port, in the course of which he asserted
that the state had changed its entire the
ory of presumption after the trial began
The subject was argued by both Messrs.
Butler and Potter, District Attorney
Howie indicating that he had nothing to
say in answer.
The court stated that the questions Of
fact in the case were for the jury. As
to the questions of law, they had all
been argued out 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 toward granting new trial.
Addressing the defendant, who sat di-
rectly in front of the bar, Judge Henry
asked if there was anything that he
might wish to say, and was answered
in the negative.
"You have been convicted by jury
in this court of the unlawful sale of an
automobile to the board of trustees OF
the state penitentiary, of which board
you are member You were convicted
after long and careful trial and de-
foudod bu ohla or5 ao~rosk Io.,,,o~-
The jury which sat during your tEal
was, by common consent, we'll above the
average and fully competent in every
way to try the issue. The jury delib-
Grated carefully and weighed everything
fully.
Il have been spoken to and urged and
pleaded with to exercise leniency in SEN
fencing you; have been begged and per-
suaded by people in my own home town
in your behalf. If I let personal per-
suasion control my action, would ac-
cede to these requests, but could not
let personal feeling lessen the obliga-
tions of official duty. There is one per-
sonality whom I must satisfy in all NV
anu puO4lC uubys anu bHdL lS w.
A. Henry, and that person would not
approve mere nominal sentence, con-
sidering all the circumstances surround
ing this case. I therefore. sentence you
to five years at hard labor in the Mis-
sissippi state penitentiary. Mr.. Sher-
if, take charge of the prisoner"
During the brief address of the court,
The prisoner at the bar sat calmly, with
IN expression of apparent philosophical
though there were Others,
men young and old, who were visibly i'm
pressed and gave plain Indication OF the
TACT.
Accompanied by his attorneys and
number of friends, Smith walked
through the rear door and back to the
all inclosure, where he has been con
lined since his conviction, and where he
must remain for several months, pend
ng the disposition of his appeal which
viii be made to the supreme court.
He had no comment to make, except
% say "he might as well have gone the
init and made it 10 years or a hun
lred, so far as the effect is concerned.