Dr. C. H. Smith Arrested Third Time for Same Offense, Let Go

The Marietta Daily Times, January 6, 1908

The question as to whether or not Dr. Charles H. Smith of this city is a fugitive from Justice from the State of West Virginia was before Judge Jones of the Court of Common Pleas, in chambers, Saturday afternoon, and was continued until this afternoon.

Dr. Smith was indicted in Pleasants County, W. Va., in September last, for performing a criminal operation upon one Gertie Brown, from the effects of which she died. The Grand Jury indicted Smith and J. J. Powell for murder.

Several attempts had been made to get Smith over the river but they had failed and this time a requisition for him as a fugitive from justice had been made by the Governor of West Virginia upon the Governor of Ohio and had been honored by the latter.

Smith was arrested on the requisition and, as is required by our statutes, was taken before Judge Jones by the Sheriff for a hearing.

Prosecuting Attorney Follett appeared for the State and W. S. Hancock for the defense. The Prosecuting Attorney, and Sheriff of Pleasants County and Attorney Craig, of St. Marys, were at the hearing.

The question at issue was whether or not Smith was a fugitive from justice from the State of West Virginia, as it was not claimed the operation was performed in that state. Under their laws the crime was committed where the death occurred, they claiming that Smith was constructively present and that he is therefore a fugitive from justice.

At 4 o'clock Saturday the hearing was continued until this afternoon.

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At 1 o'clock this afternoon the hearing was resumed. 

In his testimony Smith had stated that he was in Parkersburg in October last, which was since the finding of the indictment, and that raised the question as to whether or not going into a state and coming out again made him a fugitive from justice in that state.

Prosecutor Follett submitted what authorities they had found which he admitted were few.

Judge Jones discharged Smith holding that he must have been actually and bodily, and not constructively, in the state when the crime was committed and must have since fled into another state in order to be a fugitive from justice, within the meaning of our statute.

He quoted a number of decisions favoring that view of the case.

This hearing has nothing whatever to do with Smith's guilt or innocence of the crime as it was soley on jurisdiction as to whether or not he could be extradited on the charge under our laws.

The Pleasants County authorities claim they have the dying statement of the girl and other evidence to convict if they can get the accused into their custody.

What their next move to get him will be they did not disclose.