Evening star., 1943-01-09
Catoe's Counsel Meet
Today 10 Consider
Move for New Stay
Mon Doomed to Die
Denies 1885 Staying, Thus
Falling to Clear Another

The specific nature of laSt-minute
efforts. if any, to win a seventh stay
of execution for Jarvis R. CatOe, 81,
convicted seX-slayer, today awaited
conference between his counsel,
George j. Boden and Walter NJ
! Shea, following a denial yesterday
by the prisoner that he murdered
Mrs. Florence Dancy, 65, colored, in
1885.
In hearing closed to the press a
! deposition of Catoe,S statements on
the Dancy murder was taken in the
District Jail late yesterday in the
presence of representative of the
United States attorneys Office and
counsel for Catoe and James Mat
thew Smith, 43, colored, who is ask
ing the court to set aside his life
sentence on conviction of the Dancy
murder.
Smiths motion is based on the
| fact that Catoe is said to have con-
fessed to police he committed the
crime. Yesterday Catoe told the
investigators he had not committed
the crime, that if he were called into
court to testify in the hearing on
the motion he would deny he had
committed the crime and that any
admissions in previous confession
were not true.
Hearing Cancelled.
A summary of Catoe's statements
yesterday was elected from investi-
gators who were present when he
talked after Justice James NJ. Proc
| tor, presiding in Motions Court, in
formed The Star he had no objec-
ton to making the information pub
lie if it was agreeable to the inves-
tigators.
Previously Justice Proctor had
Cancelled scheduled District Court
hearing on Smiths motion and or
dered the deposition to be taken,
following Catoe's antics at the Dis
trict Jail Thursday night. Catoe
| perched on an inch-wide bar IS feet
above the floor for more than three
hours before jumping into a safety
net.
The justice observed that ''in view
of what happened last night. it is
better to postpone the hearing
| Justice Proctor also refused to al
low reporters to listen to the ques-
| tioning during the taking of the
deposition, which was attended by
Mr.. Boden. Charles B. MURRAY and
John w. F'ihelly of the United States
attorneys office, counsel for Smith
and Ralph D. Bennett. stenographer
! There were indications that new
legal steps may be taken to save
Catoe from the electric chair, where
he is scheduled to die Friday on
conviction of numbering Mrs. Rose
AbramoWitz in March, 1941. Mr..
Shea and Mr.. Boden will confer to-
day on possibilities in this direction.
Smith Confined in Midwest.
Court-appointed counsel for Smith.
now confined to an institution in
Missouri, contends that the life
sentence for second degree murder,
imposed in February, 1887, should be
set aside on the basis of Catoe's
alleged original confession to police.
Arguments on the Smith motion
will be heard by Justice Proctor
| Monday.
Smith also was sentenced to from
five to seven years on November 6,
1856, for criminal assault on a Rock
vile (Md) woman in 1885
At the time of his second convic-
ton, Smith also was under indict-
ment for housebreaking, larceny and
bigamy, but in view of the five-to-
seven-year sentence and the life
term. the lesser cases were dismissed
Smith was sent to the Lorton Re-
formatory in 1887, and after two
years there his mental condition was
such that authorities ordered his
transfer to st. Elizabeth's Hospital.
In December, 1889, he was dis
charged from the hospital and sent
to the Federal Penitentiary at
Leavenworth, Kans.