The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1915-09-17
CURLEY Smith IS
DENIED new TRIAL
Negro Slayer Must Now Go to
Penitentiary for Fourteen
Years.

Judge Kelly yesterday afternoon
oVerruled the motion for a new trial
for "Curley" Smith who was convict
ed by jury of killing Ira Stout on
Good Hope street about a year ago.
Following the conclusion of the ar
guments for and against the new trial,
the Judge when he announced his de-
cision, pronounced the sentence fixed
by the jury on Smith. Smith remained
firm and protested his innocence.
The motion of another trial in tie
Circuit Court was argued for "Curley"
by Lee Bowman, his attorney. Bow
man, in the trial of the case, was aided
by Senator Thomas F. Lane. Lane yes
tcrday, however, was in St. Louis and
Bowman argued alone against Prose
cutting Attorney Caruthcrs and Attor-
ney Motley, an attorney whom Stout's
relatives employed to aid in the prose-
cutiOn of the black.
The day after the jury returned its
verdict of guilty and sentenced Smith
to IA years in the penitentiary, Bow
man and Senator Lane found two new
witnesses whose testimony they wish
ed to introduce in another trial.
1t was said on that day that these
persons were going to testify that
"Curley" was not the negro who did
the shooting. They were eyc-witnesscs
to the killing, but had not been ex-
amined as witnesses for the reason
that no one knew they had been pres
ent and taht they did not voluntarily
wish to become implicated in the trial.
However, when it was learned they
had witnessed the shooting, Prosccut-
ing Attorney Caruthers had their af-
fidavits taken as to the testimony they
could give.
In the affidavit that they made to
Caruthers, they said that they did see
the shooting, but that they could not |
tell whether it was "Curley" Smith |
or any other negro, who had fired the |
bullet.
In other words they were unable to
make any Identification of any negro
who might have become implicated in
the case.
This affidavit was presented to the
Court by Caruthers and probably
brought the denial of rc-trial.
Chief of Police Jeff Hutson last
hight remarked that he is satisfied that
ne caught the right man in "Curley"
Smith. He narrated an experience he
had with another negro case which
VAS fought to the finish, and after all
appeals had been overcome and the
remained, the negro broke
Town and gave a confession.
At that time, Hutson said, negro
n Haarig VINO is familiar. with what
S going on among all OF his race in
he Cape, came to him and told him he
lad the "right'ma before the con-
cssiOn was made.
This same negro has informed Hut
on again that he caught the fright"
nan. he said last night.
"Curicy' has given no sign of weak
ming nor has he indicated any intcn-
ion to make confession.
Yesterday before the Judge was
bout to pronounce the sentence upon {;
i'm, when asked if he had any word
o say at the last, "Curlcy" merely
skcd the Judge to apply his time in I
he County Jail upon his prison SEN
cnce. ,
This request was granted and he has
ut 13 years long to serve in the peni-
nntiary. Judge Kelly announced that
Smiths attorneys intended to file
n appeal. the blacks bond would be
laced at $4,000.
"Curley" was convicted of the muir ;
er Of Stout after a slight alteration
n the bridge on Good Hope street
YER the Houck line about 1890 in the
forming. The shooting attracted much
ttention in the Cape and large crowds :
1ronged the place the next day where d
ne killing had occurred.