New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-20

ed very well upon the trial, and won me sympathy
Of all auditors.
Smith. coon after his marriage. found that he had
been terribly deceived. -Four months after the
ceremony, in the very heyday Of the honeymoon
his wife gave birth to grown child. His wife
| admitted, in speech and writing, that the Bank
President, Mr.. Richard Carter, her guardian and
the former partner of her father, was the father oil
the bate Smith immediately took advice and In
stituted measures for divorce. He then Travelled,
We suppose upon commercial busness, but the
thought of his dishonor haunted him. He met
Carter AZ the ST. Lawrence Hotel and shot HIM
dead.
The prosecution had no difficulty whatever IN
proving the homicide. The evidence for the Gov
eminent was very full and distinct. Smith shot
Carter on the 4th of last November, in the pres
ence of the nephew of the u'' Tered man. There
was evidence that the encounter could not have
originated in hot blood as Smith and Carter sat
together while upon a sofa. Carter, however,
ras shot through the heart by Smith-the wound
csusing in slant death. Thus suddenly and swiftly
did the seducer and scOundrel render his account
Smith warned these who were summoned to the
tbe rsom by the report not to arrest him; he ex-
hibited pistol and bowie-knfe, but subsequently,
without making any objection, gave up those
weapons to the police In the cross-e1amnstion
of the officer who arrested Smith, the defense OBJ
tanned the valuable testimony that the prisoner was
nervous. aeitated. looked like an insane man,
while his eyes kept gistenng and rolling IN a
vay as the officer, speaking from his own expert
ence saJ, entirely unlike that of intoxicated per-
son. The prisoner said that she felt as though he
"could fight thousand Indians The evidence
showed that when before shooting, the prisoner
approached Carter his manner was mild and COM
nosed. There was some conflict of testimony re-
srectipp Smiths conduct after the murder. The
nephew swore that it was cool and determined.
The impression of the policeman who arrested 'he
respondent we have slready stated.
The defense was the insanity of the prisoner,
accustomed BY the Sudden and overwhelming DIS
covsry of the peculiar condition OF his domestic re-
lations If this unhappy young man mad eeeh aoie
Justly to estimate his position he would have oeen
content with demanding Of the Courts OF law that
legal separation to which he was justly entitled.
Some men would undoubtedly have renamed stond
undcr the ndignity But the discovery made by
Smith was nsupportable. highly Respectable
witness. who had known him intimately, spoke to
bis character in Court, declaring him to be par
.'ticularly kind and good-hearted, with moral
character of the first order and strong love OF
"right-with boyant spirits, and the anticipation
Z" of great happiness from his marriage" This was,
of course Just the person to be deprived OF mental
equilibrium by the event which overlook the prs-
Oner. Mr.. Keen, the witness nst referred to, saw
him after be had made the disgraceful discovery.
He was then "laboring under intense excitement,
putting his fingers through his hair, and excess
"siyely restless" He said that he was ga dis
graced man." The subject increased afterward in
the occupation of his mind. The witness identi-
fed certain letters received by him from the pris-
oner. These are published, but it is only neces-
ary to say of them that they are to the EXTREMIST
degree incOherent and n0nsensica The opinion
Of the witness, who gave his testimony in clear
and straight forward STYLE that the prisoner
was insane. The person with whom he boarded
after bis marriage testified as follows II never
"saw in my life man make more of his
"wife; he was very attentive to her; he
"was completely beside himself when the child
was born; he didn't go to bed; he pulled the
hair hard enough to pull it out of his head; he
laid on the floor and rolled over; he was in and
90 out of the house all the time; was afraid he
would raise the neighborhOOd; he did not pre-
tend to eat anything; said that he was better
{" dead than alive / was fearful that he would 40
L" to drug store, and make way with himself He
a 4 H., "A
" said he could do no business, and nothing else"
&c. This witness appears in the most imprudcnt
way TO have communicated the fact to the prisoner
that Carter had taken charge of Mrs. Smith and
her child and had acknowledged the infant to be
bis own, saying that he would have given $4,000
to have had it boy. In October, the witness
swore that the prisoner was "as crazy as LOOM
The witness was cross-examined closely upon the
point Of selling ardent spirits to the respondent;
but testified that he refused 10 sell them to him
upon the last interview, although upon Il previous
occasion (when Smith "rOlled upon the hoor'') he
had been furnished with ga little old Monongahela
whisky" 1t may be proper enough to Indicate at
this point that the immOderate use Of intoxicating
drinks by the prisoner appears to have been relied
upon by Inc prosecution 10 reDut the evidence
of insanity. The wife of the lsst-named
witness also testified to the acknowledge
ment of Richard Carter that the child
was bis owI-that Carter had made arrangements
to take Mrs. Smith to Bristol, and had negotiated
with an old lady to receive both her and her babe;
and that Carter took the child in his lap, and
ressed it, The testimony of medical man, who
ELL. e
that Smith was deluded and cheated man. He