The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-22
st. Lawrence Hotel Tragedy.

LAST ACT OF THE DkAhA-ThE fhisoNEh hELEAsED
ON BAIL.
From the Philadelphia Bulletin, jan Il 49,
This morning, in the Court Of oyer and rermine1Ae
fore Judges Allison and Thompson Mr.. Thaycr and
Brown, counsel of Thomas Washington Smith, who%S5
acquitted the ground OF insanity, OF the murder Oh
Richard Carter called the attention Of the Court to the
last Tuesday and cited the act Of Assembly Of
1885, the cd section, which says"In every ease in
which shall be given in evidence upon the trial of any
person charged with any crime or misdemeanor, that
such person insane at the time Of the commission OF
such offence and such person shall be acquitted the
jury shall be required TO find specially whether such
person insane at the time OF the commission or
such offence, and TO declare whether such person
acquitted by them on the ground OF such insanity"
Mr. Thayer proceeded state the Court that under
the verdict in this case they had power to commit
him 70 the custody Of his friends or TO the
State Lusatic Asylum. Mr. rhayer then proceeded,
under the direction OF the Court, 70 examine
hsSDr naed S smith from the Of his
up the presen, time he thought that his condition
now was better than Z was before the verdict vas
rendered in this that restore his mind " IL
equilibrium he should be placed in the custody OF his
sister who says she will bestow her whole life 10 him"
To confne Smith would only be increased injury W his
mind and body and to take him TO unatc asylum would
be pernicous 10 him; there Authorization In him
when saw him yesterday after the verdict he said he
determined TO obtain divorce never heard smith
threat towards his wife, he appeared 10 be repugnan
in his manner when speaking Of his wife.
Henry c. Townsend was examined To show the con-
diton OF the mind Of Mr. Smith He said, the
verdict had been rendered, he Smith, appeared more
calm and collected and wished me to proceed and get
divorce for him in the Legislature OF Pennsylvania;
when told him Of notice being necessary TO be gsen
TO his vito, he sad Good bye, poor woman and added
her father has been my best friend before and SINCE the
trial" last night saw the prisoner wife, and she said
she perfectly satisfied with his obtaining divorce;
she seemed deeply affected and said she would 20 with
her father to Wikesbarre and stay there; think he
would be better wit his sister, and understand che will
take care Of him. saw no Indications of insanity last
evening
Miss Mary T. Smith called and testified as follows
think my brother Tom has III feelings towards his
wife; he said to yesterday he would never hurt or In
he lpr The Of IA
DO not think he will commit any offence against the
laws how; If you give him 70 me will take him 10 New
Castle county, Delaware, where he will be free from
element, and will devote my whole life I, him
Mr. Mann acquesced In the remarks Of Messrs mayer
and Brown, and made quite feeling speech.
Judge Allison remarked that, under the evidence that
bad been submitted 10 the jury he fully conceded with
the verdict He paid the sister o; the prisoner very
high compliment and also the friends who had gathered
around smith in bis hour Of need He thought from the
testimony elected this morning that he did not design In
jury 10 his unfortunate wife, and therefore would admit
the prisoner TO bail.
Judge Ludlow concurred in the general remarks made
by Judge Allison but differed from him regard to the
construction Of the act of 1915
The Court then gave the custody Of r. W. Smith TO his
promptly entered nv John y Keen. F.a', Of he Arm Of
Myers, Caghorn Co The prisoner then discharged
Upon gong out OF the dock he greeted most
daily by his friends who again thronged the
court room The sister in giving her testimony, evinced
feeling than she has hitherto exhibited. When ut.
terDg the expression, 81 will take care of him, her whole
soul seemed dedicated 10 the service OF her unhappy
brother. Such instance OF genuine affection we have
rarely seen exhibited.
Af,er smith released hisjstcr conversationay ad
dressed Mr. Brown, thanking him in the most grateful
and eloquent for his unweared services behalf
Of her brother. Mr. Brown received this tribute of graft
tude with CHARACTERISTIC and grace and replied that
more than the reet--her patience anxiety and fidelity
have not their parallel In history.
great crowd was gathered outside the building and
smith and his sister were greeted with hearty cheers
when they emerged from the court house.