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1 Commonwealth of Pa. vs. Thomas Washington Smith 1858

handle is hein.trials/abzu0001 and id is 1 raw text is: ~_4~dd iWEDNESDAY, JANUARY 6, 18584'Z' 7IHE COURTS. YESTLE DAY'S PROCEEDINGS. I Repoited for The Press.1 The St. Lawrence Hotel Tragedy. Trial of Thomas Washington Smith for the Murder of Richard Carter. OyEn AND TERtMINER Jud-es Allison and Lud- low -Yesterday morning Thomas Washington Smith was placed at the bar, charged with the wilful murder of Richard Carter, at the St. Law- rence Hotel, in this city, on the 4th day of' No- vember, 1S57. The court house was crowded at an early hour with the witnesses and parties interested in the case, and it was exceedingly difficult for the ra- porters or those having official business with the court to find a seat. • The prisoner who stands charged with this terrible offence against the laws is a young, slight, nervous looking man, apparently thirty years of age, though we have been informed he is much younger. lie appeared rather restless and excited, when first brought under the gaze of so many persons, but gradually settled down into a sort of lethargic dose, with his head leaning on one of his arms, and half reclining on the rail of the deck. itis sister, a very beautiful young woman, although too pale from anxiety and care, sat close to him, outside of the dock. There were also some other relatives of his there, near him, whose names we did not ascertain, but lie seemed insensible to their presence and attentions, and scarcely lifted is head during the whole day's proceedin , ex- cept upon one occasion, to be recognised Yy the nephew of the murdered man. The circumstances which led to this catastrophe, as we have learned them, are brieflly as follows : The prisoner, while on a visit to his sister, who was a teacher at a ladies' seminary in Wilming- ton, Delaware, became fascinated by the appear- ance of one of the pupils, and commenced a cor- respondence with her. His sister was entirely una- ware of this fact for some time, but upon dircover- ing it, remonstrated with her brother, having her own reasons for doing so, and told him if he desired a wife that she would select one for him who would render him happy. But her remonstrances and advice were useless ; his eye was caught, and he declared his determination to marry theyounglady whose charms at first sight proved so irresistible. This young lady was there, a Miss Elizabeth Me- Cauley, and wes the ward, or adopted daughter, of Mr. Richard Carter, the deceased The priso- ner's sister, finding him determined on the match, came on to Philadelphia to have an interview with Carter, and endeavor to dissuade him from giving his consent to what has proved such an ill-omuened connexion. Mr. Carter, however, doubtless had his own reasons for not making any resistance to the marriage, and all the parties having met in this city, dined amicably together on Thanks- giving day, 1856. The prisonerhaving the consent of the guardian of his intended, visited that young lady constant- ly, and the marriage was arranged to come off at Christmas, 1850, when it would suit all the friends of the parties to be present. The parties most in- terested became. however, restless at the delay,- and early in the month of Decembeih aving met here (by concert it is presumed), went to the house of Dr. Wadsworth, in Arch street, and were mar- ried. Four months after this marriage, symptoms were developed in Mrs. Siith, which led her hus- band to fear a firlsse couch,, and a medical man and a nurse were sent for hurriedly, and in a few hours a fell-grown child was presented to the as- tonished and indignant husband. Knowing his guarded reserve, before marriage, towards the young lady whom he had made his wife, he saw at once that he had been deceived, and in the tenderest point. To a man of excitable passions it was a terrible struggle to control his rage ; but he did so, and learned from his guilty wife the name of the destroyer of his peace. She added, that she had not sinned deliberately with him; that advantage had been taken of her sleeping helplessness, but that she was not aware of her condition when she married the prisoner. lie left her, and ssught the advice cf counsel, who suggested an application for divorce. While the necessary steps were taking to effect this object, the prisoner endeavored, by travel and adventure, to blot out the memory of his wrong. But in vain ; it clung to him like a shadow, and he returned to this city filled with ten thousand phantasies, and dreaming that every one pointed the finger of scorn at him. In this mood lie learned that Carter was in town, and he sought him. What passed at that interview, one aloic is left to reveal, and his mind is a chaos to all, save his great revenge. He alleges that circumstances came to his know- ledge, after his separation from his wife, that made it not only a criminal offence, but rendered it a Godlike work, to rid the earth of Carter. lie says he has no fears as to the result of the trial, be it what it will, and expresses entire indifference for life. He will be ably defended by Messrs. D. P. Brown and Russell Thayer; and, so far as the case has proceeded, the defence, it is anticipated, will be insanity. Mr. J. 0. Tobias, the clerk of the a-urt, inro- duced a novelty in our American practice, in the Euglish form of procedure in criminal trials as follows Thomnds Washington Smith, you are now set to the bar to be tried, a&d these good nlen -yhiclh will be called are to pass between the Commonwealth and you upon your trial; if you would object to any of themw, you will do so as they are called and before they are sworn. You have a right to chal- lenge twenty of the jurors peremptorily. and as many more as yoj have good cause for challenging. After the jury iyas empannelled, Mr. Tobias said : Thomas Washington Smith, hold up your right hand. 1 Gentlemen of the jury, harken to an indict- ment found against the prisoner at the bar by the grand inquest for the body of this county. (The bill of indictment was then read.) To this indictment, genlemen of the jury, the prisoner at the bar has pleaded not guilty, and for trial has put himself upon the country, which country you are. You are now sworn to try the issue If be is guilty, you will say so; if he is not guilty. youswill say so, and no more. Good men and true, stand together and harken to your evidence. While thee lerk was reading the bill of indict- ment, charging the prisoner with the murder of Mr. Carter, Smith stood in the dock with his arms tolded, and apparently listening attentively to the legal verbiage with which the description of the crime and of the wound received by Mr. Carter, was clothed. At the close of the reading of the bill the prisoner was asked the utsual question whether Ise was Guilty or Not Guilty.' Ile repliod, with considerable emotion, Not Guilty ! Clerk. tHow will you be tried ' Prisoner, with a faltering voice. By God and my country.', Clerk- May God send you a §afe deliverance.''

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