The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1937-09-10
MAXWELL PLEA
RECALLS STORM
OVERCONVICTION
National Sympathy With
Accused Girl

(Here Is the second Of series
of articles on Edith MGTWeH,
the Virginia mountain school
teacher ttCice conpicted OF the
murder OF her father, Trtgg
MaTDeH and NON under sentence
of 20 years in the penttentldry.
The Virginia State Supreme
Court of Appeals l1il hear her
plea for q 7,e,O trial neTt Tues
day at StGuntonJ
BY CARROLL PEEKE
When a jury of IL mountaineers
in November, 1885, found Edith
Maxwell, 21-ye ar-old school
teacher, guilty of first degree muir
der of her father, Trigg Maxwell,
and sentenced her to Is years in
prison, the entire nation was
aroused.
Protesting her innocence. the
girl was placed in cell in the
ancient red brick jail in the little
community of Wise, where she
had been tried and found guilty,
the jury celebrating less than an
hour. where she remained for IA
months, being moved once to the
Jail in a neighboring community
while the Wise Jail was being en-
larged.
STORM OF PROTEST
When word of her conviction
came out there was a storm OF
protest. Catholic, Protestant and
Jewish clergyman branded the
verdict as an outrage. Club and
civic leaders in all parts of the
nation appealed to the governor
of Virginia to pardon the girl.
The National Women's Party
entered the case, raising funds
for the defense and attacking the
Virginia law which refuses women
the right to serve on juries.
Even the mountain country was
so sharply divided on the case
that fears were expressed it
would lead to a feud. There
were many fights about the case,
and even threats of gunplay.
The Maxwell family was torn
asunder. One faction Of the
family, headed by Lee Skeen,
Edith's uncle and former high
sheriff of the county. demanded
that she be punished. They
raised money to supply a special
prosecutor in the case.
NEW TRIAL DENIED
Eut the Dotson branch Of the
family-Edith's mother was
Dotson-came to her defense.
Judge H. A. W. Skeen, aged jurist
who presided at hte trial, refused
to grant a new trial.
Charles Henry Smith, noted
Alexandria and washington at
torney, was thea brought into the
case by the defense, and a year
ago this month he appeared be-
fore the State Supreme Court OF
Appeals and argued for a new
trial.
sBy q vote of five to two, the
court granted this plea, reversing
The decision of the lower court and
ordering the case retired on the
ground there was not sufficient evil
dence to support the verdict.
\ Then it was discovered that
nudge Skeen was not qualified TO
hear the case as he was relative
Of the Maxwell family. The gov
ernor Of Virginia then named
Judge Ezra Carter, distinguished
member Of the Virginia bench, to
hear the case.
Judge Carter went to Wise from
his home in Gate City in an ad-
Joining county, and defense attor-
news moGed for a change of venue
on the ground sentiment was such
that it would be impossible for
the girl to obtain an impartial trial
In Wise county.
PLEA REFUSED
Commemorative Attorney Fred
Grear opposed this and asserted
she could receive justice, and
Judge Carter refused the plea.
4 Meanwhile, Edith had been re-
leased on bond following the SUI
preme Court ruling, after serving
"A months in Jail. She went to
the home of relatives near Rich
1nond, and for a time worked as
cashier and hostess in restaurant
to raise funds for her defense.
+ Her brother, Earl Maxwell, who
had left the mountains several
years before the tragedy, gave up
his position in New York to work