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AS XMAS GIFT. Bes Moines, Dee. 2G.—Speaking otChristmas gifts, Thomas Smith of Albia gets freedom for his.Governor Cummins signed a full pardon for him and he will breathe freely and be glad for the first time in more than two years. ■*He was a peace officer in Aibia and got three years Cor doing his duty. He-arrested a young man on a charge of being drunk and disorderly. The youth's friends, who had often threatened what they would do to the peace officers -of it he Hown, rallied;-.to- his rescue' and 1n the • trduble that ensued an unde- of the youth -was shot, and later died.5-Smith was arrested for .murder and twice was convicted. When he appealed the /irsts time the supreme court affirmed the: judgment against him, holding, that a peace officer was not warranted in shooting to effect an arrest of a mere misdemeanant. It soon became apparent that this doctrine would effectively add to the contempt which gangs feel for officers of the peace, everywhere, and this kind of people immediately became very overbearing and obnoxious. The attention Of the court was called to ‘j.the fact that the shooting'.was not for a£sisting an officer, but in preventing mil outrage such as rescuing an ar-jnssted person, from ah officer. - A rets bring was granted and Officer ^Hh was given a retrial.- On the r gid trial he was again convicted q-np\V the governor - has, pardoned •A outfight' so that he will no long-have any trouble.'. The best information that the governor w'as able to get concerning the case was to the effect- that Smith' was ■ not in any sense a criminal, but on the other hand sacrificed himself to enforce tire law from a high sense- ot his duty, exercising the utrnose. personal courage in doing it against the threats of the disreputable element. He believed himself m extreme danger of assault in the case - referred to and his act. was in pursuance of his duty as a sworn officer and not as an enemy of society. It was a shot .in. self-defense, in other words.Manifestly a parole Was not possible in this case arid the governor did a rather unique thing for the executive office, issued a full pardon.
Newspaper Details
Waterloo Semi Weekly Courier
Waterloo, Iowa, US
Fri, Dec 28, 1906
Page 7
Full Page
Clipped by
Myke G.
NA, NA 08 Apr 2021
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