Magistrate Smith

The people--sightseers who wander through the State Capitol at Albany, N. Y., are apparently no bother at all to Nominee Smith in his conduct of his state's business. He even permits them to stop, look and listen in the executive chamber while he holds hearings as New York's chief magistrate.

Some typical Smith-in-action which 100 or more of the peepul went home and told their friends about last week, was the following:

Case 1. A New Yorker named Saunders was wanted in Georgia for alleged stock-swindling there between June, 1926 and April, 1927. Counsel for the defendant was a friend and supporter of Governor Smith's, a State Senator. The defense was an alibi, that the defendant was not in Georgia after February, 1926. Governor Smith started to gather up the papers on the case as though satisfied with the alibi. The U. S. Postal Inspector who had arrested Saunders, passed a letter to the Governor. The latter eyed it, eyed Saunders sharply, swore him, assured him that perjury was as serious in New York as swindling in Georgia, showed him the letter.

Governor: "Did you sign your name to that letter?"

Saunders: (after a pause) "Yes, I did."

Governor: "... I will grant the extradition."

The letter was dated March, 1927.

Case 2. A convict named Kalinowski had stabbed and killed the headkeeper of Auburn Prison. Convict Kalinowski was sentenced to death. Defense counsel was arguing for clemency.

Counsel: "Everything went black and he did not know what he was doing."

Governor: "What do you mean by 'everything went black?' "

Counsel: "He had had nothing to eat. He didn't know what he was doing. He became dizzy and could not see what he was doing. ..."

Governor: "But he found where to put the knife, didn't he?"