H.W. Smith Convicted of Murder of Johnson in Nineveh Junction
Utica Saturday Globe, April 1921
Herbert W. Smith
Norwich [Chenango Co., NY]: Herbert W. Smith, who was sentenced to die in the electric chair during the week of May 23, was taken to Sing Sing by Sheriff Hovey to await the carrying out of the sentence. The journey to Utica was made in the sheriff's automobile and the prisoner was whisked out of the city before the time of his departure was known to more than a few of the county officials. Smith apparently enjoyed his ride at the expense of the county especially the trip by auto to Utica, where transfer was made to the New York Central. The convict reached Sing Sing in the best of spirits but was loth to part with Sheriff Hovey who has shown him many kindnesses during his stay in the Chenango County jail. which Smith has apparently appreciated.
Whether Smith's attorney, David F. Lee, will be able to secure a new trial for him on account of the jury receiving an demonstrating the use of a pair of handcuffs which had not been introduced into the evidence is the subject of much discussion. It is not expected that judge Kellogg will grant a new trial, but if the case goes to the Court of Appeals it may be sent back for a retrial. Sheriff Hovey admits carrying the handcuffs to the jury room and showing the jurors how to use them. The jurors were seen by a crowd of spectators through the jury room window doing stunts by handcuffing one of their number in the same manner that Smith was supposed to be handcuffed at the time of the shooting and proving how readily he could still handle the shotgun. Several jurors who have told of the proceedings in the jury room say that a verdict had been reached and a unanimous ballot of guilty taken before the handcuffs were brought to them.
Prior to his departure for Sing Sing Smith at the request of his lifelong friend, Justice Read, of Hancock, sat for a picture in the sheriff's office which was made by W.F. Chipman, Sr., of the Rembrandt Studio. If compared with an earlier picture taken in the sheriff's office soon after the capture and on the morning of the day he set out with Sheriff Hovey to try and locate the handcuffs which Smith filed from his wrists and threw away a marked improvement will be noted in his personal appearance while a guest of Sheriff Hovey.
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Sentence & Motion for New Trial
Norwich Sun, April 7, 1921
Upon the grounds that misconduct of the jury rendered their decision in the case of the People versus Herbert W. Smith illegal. Attorney David F. Lee, counsel for the defense, appealed for a new trial when the prisoner was brought before the court for sentence on Thursday morning. The first motion of the defense was a purely formal one for arrest of judgment and was denied by the court. But the second motion of Attorney lee was a surprising if not a sensational one.
....Harley Frink answered the knock at the jury room done when the foreman asked for the map (which was on exhibit and therefore properly brought to the jury room) and mentioned the need of a pair of handcuffs. Going to the sheriff's office he told the sheriff of the request of the jury. Sheriff Hovey procured the handcuffs, similar to those used by the Johnsons on the fateful night of January 30, when they caught and handcuffed Smith, took them over to the court house, stepped to the jury room, demonstrated to the jury how they locked and unlocked by going through the processes twice, and left them with the jurors. These facts the sheriff also state, saying that the call came from the jury about 9:20 o'clock Tuesday night, and that they had the handcuffs from that time until after the verdict was rendered.
At 10:30 o'clock, Thursday morning, Herbert W. Smith was sentenced by Judge A.L. Kellogg in the court house in this city to the supreme penalty of the law. The strain of the last 43 hours showed plainly on the condemned man. He was ghastly white as he stood to received his sentence.
"You have been convicted by a trials jury of the county of Chenango on April 5, 1921 for the crime of murder in the first degree in connection with the killing of Lewis H . Johnson on January 30, 1921, in the town of Afton. I do therefore now sentence you to death during the week beginning on the twenty third day of May, 1921 as may be determined by the warden of Sing Sing prison." Such was the sentence which the prisoner heard from Judge Kellogg.
The judge reserved decision on the motion for a new trial.
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Second Trial
Norwich Sun, January 19, 1922
District Attorney Ward N. Truesdell, representing the people of the state of New York, won a notable victory in court when the Smith jury brought in a verdict of "guilty of murder in the first degree" last Wednesday evening. It was a repetition of the verdict as given in the first trial and leaves no doubt in the minds of any fair minded who have heard the evidence as to the guilt of Herbert W. Smith. Mr. Truesdell conducted the trial without the aid of additional counsel, and has not caused the expenditure of a single penny for services of counsel or for services of detectives during this trial which has become a celebrated one in the history of the county.
The great wheel of justice completed another turning on Wednesday night. Slowly it had begun its journey on Monday morning, plowing its cumbersome but direct way, gathering upon itself great weight of evidence, from which it gathered momentum to crash to the end of its journey.
After a deliberation of but little over an hour, the jury which sat in judgment upon Herbert W. Smith, accused of the murder of Lewis H. Johnson in Nineveh Junction on Jan. 30, 1921, filed into their places in the court room. It was just 7:10 Wednesday evening when County Clerk I.J. Tillman rose and asked of the jury:
"Gentlemen, have you arrived at a verdict?"
"We have," the twelve answered.
"What is it"
Earl Thurston, juror number nine and foreman, rose
"The verdict," he said, "is that we find the defendant guilty of murder in the first degree."
The defendant's face was colorless and drawn, but he took the verdict without flinching.
....The defense waived the two days given a condemned man to hear sentence passed upon him, and at 8:45 Judge Abraham L. Kellogg, who presided at both of Smith's trials, sentenced him to death in the electric chair at Sing Sing prison during the week beginning Feb. 26, 1922. Smith, in the custody of Sheriff Walworth, left for the prison Thursday morning at 6 o'clock....
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Penalty Paid for Murder by Herbert Smith
Norwich Sun, September 1, 1922
Herbert W. Smith gave up his life in the electric chair at Sing Sing prison Thursday night for having shot and killed Louis Johnson at Nineveh Junction on the morning of January 30, 1921. Smith appeared unmoved as he was led to the chair.
The convicted man was placed in the chair at 11:09 o'clock and was pronounced dead at 11:17. Smith, who has attracted wide attention by his sketch work, spent his last day drawing. When visited by the chaplain he said he was ready.
"I didn't see anything in the papers this morning in my favor," he said, putting a few finishing touches on a crayon drawing "so I guess there is nothing doing."
Smith's body will be brought to Hancock, his former home, and funeral services will be held Sunday afternoon at 2:30 o'clock in the undertaking parlors of Beers & Son of Hancock. the Rev. Harry E. Williams will officiate. Smith's mother, two brothers and a sister reside at Hancock. He will be buried beside is father in the family plot.
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Obituary
Findagrave.com, memorial # 146396515
The funeral of Herbert Smith, convicted slayer of postmaster Johnson of Nineveh Junction in 1919, who was electrocuted in Sing Sing Thursday night was held at the home of his mother, Mrs. George Smith, on Leonard Hill, Hancock, NY Sunday afternoon. The funeral was attended by a large number of friends and neighbors who still believe Smith innocent of the charge and that the killing was due to an accident. The funeral service was in charge of Rev Williams, pastor of the M E Church, and the body was interred in the family plot at Hancock beside the grave of Smith's father, who died several years ago." [Buried in Riverview Cemetery, Hancock, Delaware Co., NY]
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NOTE: information regarding the crime of which Smith was convicted was posted to this blog on Oct. 17, 2013. See link below.
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