Smyrna times., 1933-08-09
CONVICTED AS
MURDERER
Asa ]. Smith UnmOved When
Jury Returns Second
Degree Verdict
ASK FOR A NEW TRIAL

After celebrating from 9,15
o'clock Wednesday night until
1870 o'clock Thursday morning,
the jury in the case of Asa ].
Smith, 48-year-old former lower
Delaware school teacher, charged
with the murder, on June "a, of his
wife, Minerva @. Smith, AZ years
old, returned a verdict of guilty of
murder in the second degree.
Smith, apparently unmoved, took
the verdict calmly despite that he
had formerly said that he wanted
either death or the streets" Con-
viction carries with it a mandatory
sentence of life Imprisonment. AS
soon as the verdict was announced
by the foreman Of the jury, James
M. Tunnel, chief counsel for the
defense, asked for an arrest of
judgment pending application for
new trial. The court, compris-
ing Judges David J. Reinhardt, W.
w. Harrington and Charles S.
Richards, Immediately set August
Is as the date Of argument for a
new trial. The prisoner was then
returned to the Sussex county jail
where he has been confined since
the death of his wife. There was
no demonstration when the verdict
was announced, although the court
room was filled with hundreds of
Sussex county residents, friends
both of the accused man and his
wife. Smith, although calm, show
ed the effects of his confinement
and the strain under which he ap-
parently labored while awaiting
the ordeal Of the trial The three
hours he spent on the witness
stand also took toll and his eyes
were shaded and his cheeks sunk
en-, but when the verdict was an
nounced he frightened perceptibly.
P. Warren Green, attorney gener-
al, made strong plea for a yer
dict Of first degree murder, while
an eloquent plea was made by
James M. Tunnel for acquittal,
contending the death of Mrs. Smith
was caused by suicide A dram
attic scene was enacted in court
Wednesday night, when Asa ].
Smith, Jr., who testified against
his father whom he accused of kill
ing his wife, stepped up to the rail
ing and shook hands with his faith
er. Whether any words passed be-
tween the two could not be determ-
ined. Joseph Smith, the elder son.
who also testified against his faith
er, was not in the court room. Be
fore the opening Of court, Thurs
day morning, Charles E. Harring-
ton, foreman Of the jury, asked if
the jurors could not be served with
breakfast. The request was grant
ed and in a few moments a steam
ing meal was sent from a nearby
restaurant. At 1880 a rap on the
door signified that the jury had
reached an agreement. The charge
on which Smith was tried was first
degree murder of his wife, Mrs.
Minerva G. Smith, AZ years old, on
the morning Of June "a. On that
morning she was found on an i'm
provised bed on the floor of her
home in Collinsville, a suburb Of
Georgetown, with part of her head
shot away. A shot gun and
poker were found alongside the
bed. Her son, Asa ]. Jr., sleeping
on the floor a few feet away, was
aroused by the shot and saw his
father standing alongside the bed.
He accused his father of killing his
mother and reiterated this accu-
sation at the trial. Smith contend
ed that his wife had frequently
threatened to end her life and that
she killed herself by pulling the
trigger Of the gun with a poker