The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1913-05-01
Death PENALTY.
FACED BYFOUR
Condemned Slayers Will Be
Executed Within Next
Four Weeks.
GREEN CASE IS PENDING
Gonzales Due to Hang Tomorrow;
Sabens Next Week; Milano
May Is.

Four hangings are scheduled to take
place in the District Jail during the four
weeks beginning tomorrow. two of the
condemned men being white and two
colored. Nathaniel Green, colored, as
sailant of Mrs Adelaide Grant, was to
have been executed March %, but owing
TO the fact that the Court of Appeals had
not passed on his case the execution was
Appellate Court.
Tomorrow is the date set for the execu-
ton of Andrew Gonzales colored, who
was convicted for the murder of his wife,
Madeline Gonzales, July q, 1911 The
prisoners execution has been postponed
a number of times because of a sugges-
ton that he was mentally irresponsible.
He had been in an asylum for the insane,
and. IL was stated, that relatives of his
died in a similar institution.
FRIDAY of next week William H.
1abens. former soldier at Fort Myer, Va,
will pay the extreme penalty of the law
for the murder of Ada Haynes in her
room at 1922 ID Street Northwest He was
jealous of the woman and shot her with
out a word of warning. Sabens has been
an ideal prisoner in Jail.
Tony Milano. a shoemaker, will be the
last member of the quartet to pay the
extreme penalty of the law, his execu-
ton having been set for May 16 He was
convicted of the murder of Harry Elton
Smith, a twelve-year-old boy, September
10, 1911. After beating him to death with
blunt instrument, il was charged. he
set fire to the shop to destroy evidences
of the crime
The opinion of the Court of Appeals in
the case of Nathaniel Green is awaited
with deep interest by those Immediately
concerned. as well as the public in gen.
eral. Green was indicted for rape, and
upon arraignment entered a plea of gull
~, which plea the court declined to ac-
cept, and ordered him TO be tried as upon
a plea of not guilty. The jury returned
a verdict of guilty, with the death pen
atty" Thereupon the defendant moved
an arrest of judgment, it being contended
in his behalf that his plea of guilty left
no issue to be submitted to the jury, and
hence there could be no verdict, and con-
sequently no addition of the death pen
atty.
The court overruled the motion, hold
ing that section sos of the Code provid-
ing that i'm any case of rape the jury
NAV add to their verdict. if guilty, the
words with the death penalty" in which
case the punishment shall be death by
hanging, contemplates the trial of all
such cases by the jury, whatever the
plea of the defendant may be. The sem
tence of death was imposed by Justice
Stafford, the trial judge, in accordance
with the verdict.
Justice stafford Quoted.
In denying the defendants motion
in arrest of judgment, Justice stafford
said. in part:
"The contentious of the defendant
are that there was no issue TO be sub
mitted to the jury, inasmuch as his
(Green's) plea admitted his guilt; that
hence there could be no verdict, and,
consequently, no addition of the death
penalty His construction of the stat
ute is that the Legislature said to him:
If you will plead guilty, you shall be
imprisoned only; If you plead not
guilty and are found guilty by the
jury, you may be hanged that faced
with this alternative, he plead guilty,
and is entitled to receive the milder
punishment. Is that a construction
that can properly and legally be placed
upon the statute? Is it legitimate to
suppose that the Legislature has put
a penalty upon pleading not guilty?
Would Legislature have a constitu-
tional right to penalize an accused
person for pleading not guilty? Sup
pose the Legislature should say: The
punishment of this crime shall be i'm
prisonment only if the accused will
confess his guilt in open court, but il
he will not confess and insists upon
the government proving it's case
against him, then, in case he is con-
victed, he shall be hanged Would
such an act be constitutional? Could
any court i'll such circumstances ever