CHAPTER XXII.
RUBE SMITH’S TRIAL FOR THE BUCKATUNNA MAIL ROBBERY—AN
UNSUCCESSFUL ALIBI—PERJURED WITNESSES—MASTERLY
SPEECHES—CONVICTION AND SENTENCE.
The tragic and appalling death of L. C. Brock, alias Joe Jackson, while it spread consternation among his fellow prisoners and disturbed somewhat the serenity of the Court, did not impede the course of justice. The trial of Rube Smith for the Buckatunna mail robbery was proceeded with in the Federal Court, Judge R. A. Hill presiding, as though nothing had occurred. It was of but little importance to the defendant whether he should be tried at that time or later. He had already been convicted in the State Court for the express robbery and sentenced to imprisonment for ten years.
His defense was conducted in a skillful and able manner by Colonel John A. Blair, of Tupelo, Miss. The Government was represented by Captain A. M. Lea, United States District Attorney, who made a masterly presentation of the case in behalf of the prosecution. Captain Lea was assisted by Col. J. H. Neville, the brilliant Prosecuting Attorney for the Second Judicial District of Mississippi. Col. Neville had successfully conducted the prosecution for the express robbery, and had, on account of his familiarity with the facts and his recognized ability, been employed by the Department of Justice to assist in the prosecution.
The corpus delicti was proved by the introduction of the conductor, engineer, express messenger and the railway mail agent. Neil McAllister, a very sensible colored man, in whose cabin the robbers spent two days immediately preceding the occurrence, identified Rube Smith as one of the men who had occupied his cabin, and disappeared on the morning of the robbery. W. D. Cochran, an intelligent farmer of the vicinity, also identified Smith as being in that locality two days before the train was robbed. McClung’s testimony, reciting all the details of the robbery as given him by Smith, was corroborated by the engineer and other train employes. The letters written by Smith, his proposition to become a witness for the prosecution against Brock, which was declined, all formed links in the chain of testimony against him which the skill and ability of defendant’s counsel could not weaken or break. The father of the prisoner testified that his son had slept at his home in Lamar County on the night of the Buckatunna robbery. James Barker and Jasper Smith, the former an uncle by marriage, and the latter a first cousin of the defendant, both testified unscrupulously and recklessly in support of the alibi sought to be established.
As a fitting climax to the trial, otherwise famous as it had been rendered by the tragic events that had so closely preceded it, James Barker and Jasper Smith were arrested for perjury immediately on leaving the witness stand. The Grand Jury being in session they were indicted at once, and finding that any defense would be useless, both entered a plea of guilty. James Barker was sentenced to three years’ and Jasper Smith to two years’ imprisonment at hard labor at Detroit.
Consequent upon the arrest of the defendant’s witnesses for perjury originated a good story on Colonel Blair. Jim McClung, Smith’s pal, had been confined in default of bond in the jail at Jackson as a witness. When James Barker and Jasper Smith were arrested they sent for Colonel Blair, who went to the jail to visit them. On entering, Colonel Blair found Jim McClung playing a game of solitaire in the hall of the jail. Jim is wholly illiterate, but was possessed of a good deal of droll wit that made him an entertaining witness. The following conversation ensued between Colonel Blair and Jim McClung:
Col. B.—“Good morning, Jim. How are you this morning?”
Jim McC.—“Only tolerbul, Colonel—not feelin’ very well. How are you?”
Col. B.—“First rate, Jim, but I am not surprised that you are not feeling very well. I don’t see how a man can feel very well who has (alluding to his testimony against Smith) put his friend in prison, as you have done.”
Jim McC.—“Well, now, Colonel, look here. Before you come into this case there warn’t but one of my friends in prison, and now you have been a foolin’ with the case sence last spring and you’ve got three of ’em in. How is that? Eh?”
The joke was on the gifted and brilliant attorney. He had been powerless to stem the tide which swept his client and witnesses alike into the prisoner’s cell.
On the eighteenth day of November, 1890, Rube Smith was brought before the bar of the Court by the marshal, and asked by the venerable Judge presiding if he had anything to say as to why the judgment of the law should not be pronounced upon him for the crime of which he stood convicted. The prisoner replied he had nothing further to say, whereupon Judge Hill addressed him as follows:
“Mr. Reuben Smith, the crime of which you stand convicted, and for which it becomes my duty as presiding Judge of the Court to pronounce against you the penalty of the law, which is confinement at hard labor in the penitentiary for the remainder of your natural life, is that of forcibly and violently robbing the United States mail. This crime is the highest crime known to the law of the United States, save that of murder and treason, and is punished with the severest penalty save that of death. The reason therefor is that the robber usually engages in robbery with the determination to murder his victims if necessary to carry out his purpose.
“It is sad to behold a young man like yourself, who, by an upright and virtuous life, might have been an honorable and useful citizen, enjoying the blessings of the most refined and elevated society, banished, as it were, from all that renders life desirable. The evil consequences of your crime are not confined to yourself. For to save you from the punishment of your offense no less than five of your family and friends have perjured themselves to establish an alibi in your behalf, for which offense two of them have already pleaded guilty and are condemned to serve terms at hard labor in the penitentiary—a punishment the more serious in its consequences because not confined to themselves alone, but to their helpless families and children as well.
“Sad as these consequences are, you may, and it is your duty, to repent of your offense against the laws of the State and the Nation, and against your Maker, your family, and your own well-being, and commence a new life by obeying strictly all the laws of God and man, and especially the regulations of the prison in which you will be confined. If you do this, in the course of time the President may grant you a pardon; but whether this is granted or not, your best interest is to obey whatever may be required of you, and also to employ all of the means that may be offered you to improve your mind and your morals, and to make preparations for the final judgment.
“I feel assured that if you conduct yourself properly you will be not only treated well, clothed and fed well, but will receive as kind treatment as the circumstances will permit.
“Will you promise me that you will follow this advice? (The prisoner replied in a subdued tone, “I will follow your advice.”)
“The judgment of the Court and of the law is, that for the offense for which you stand convicted you be delivered to the warden of the penitentiary of the State of Ohio, at Columbus, and be there imprisoned at hard labor for and during your natural life.”