The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-21

The Smith Murder Case In Philadelphia.
TIN VERDICT OF THE JuRY-sCKNRs IN AND ADOVc
THH COURT ROOM.
From the Philadelphia Bulletin, Jan. 1911
morning IN the case Of Thomas WssSnaon smith cSsrcs
with the murder Of Richard Carter caused vast Con-
of people to assemble in the vicinity Of the csS
the commencement OF the morning session OF the ia
mense crowd comparatively few were enabled gain
mission TO the court room, and the majority who were
excluded strove to crafty their curiosity by clam berng
up to the windows, staring at the more favored e.
privileged who were permitted TO pass tho doorkeepers
in circulation to the probable
result of the The jury was said last night
eight for acqutta while the other four Jurors were
diyc ed upon the proprey verdict fixing the crime a
the prisoner at some inferior grade OF homicide 1t WIS
also ruored that at daylight this morning the jury stood
eleven for acqu,ta against for verdict OF
slaughter. The crowd, in short tried the over
again. aud warmly discussed the question Of the proaa
blty OF verdict at all today The officers meanwhile,
had arduous task OF to keep the passages 70 the oosrt
room free from obstruction
| resting The announcement apartment was crowded,
usual and very large number OF females, who had
connection whatever with the case had worked their veg
through all obstacles to obtain seats The prisoner stood
outside the dock coayerspg with eumber OF frends
III within short time OF ten o'clock, when he took his
place in the dock and hiding his acein his hands relapsed
into his usual condition Of apparent indifference Miss
Smith was by her brother, as she has been constantly
since the commencement OF the trial She was exceed
ngly pale aud ureworn but her counenance had plea
SAINT and hopeful look This heroic lady much
object OF att snton as her unfortunate brother.
Immediately upon the opening OF the Court the jusV
their appearance and all eyes were fixed upon tbs
jurors their faces bore no indication Of wha. the ver
duct was be. soon as the jurors were seated the
Crier of the Court by order Of Judge Alison
that perfect silence mus. be preserved and directed the
oncers OF the Court to take into custody who
should make any demonstrations whatever upon the
Mr. Tobias the Clerk of the Court then addressed
MI L. Theodore tAine the foreman OF the jury, fol-
| lows
Cerk-Gentemen of the jury, have you agreed upes
| your verdicts
| Foreman-we have
| Cvart NO. c,,tt
up your right hand. Gentlemen OF the jury, stand up
Prisoner look upon the jurors jurors look upon the pr
soner. How say you? no you find Thomas Washington
Smith guilty Of the felony of murder whereof he stands
| indicted, or not guilty?
| Foreman-Not guilty, on the ground Of insanity q, the
/ time Of the commission Of the act.
Cers-Geniemen OF the jury, hearken to the verdict
Thomas Washipgto Smith not guilty of the charge At the
time OF the commission OF the act aud so you say ALL
All eyes were directed to the prisoner at the moment
the verdict was announced but he betrayed emoS0p
wbateyeI and before the jurors bad their
he had sat Gown again and buried his in his hands
Miss Smith controlled her and made no display
OF feeling There was al evident desire toe part
some Of the persons present to applaud but the strict
ders Of the Court kept them in check.
AS soon as the verdict Of the jury was recorded Ness
ward and Mr.. Thay read the following
PETITION OF miss SMITH.
TO the Honorable the Judges Of the Court OF Oyer aud Ter
beth smith yespeeiay showe that her broher ' Tho%s.
S%s m M s the sS % cap
and that acquitted of charge by jury a
Killing S fser ss
Smith and that desroas the, Ser should
be placed in such circumstances that he the
and friends she therefore earnestly pray.
smith 70 petitioner upon her giving
L BY S' che oa ss
wise from the commission Of any offences in conformity WITH
your petitioner viii sumby pray &C. MARY T. sSifH
Mr. Mann said that he presumed the Court would fix
judge Aon remarSed that the peon must upOI take il.
usual course Time must be allowed for hearing
mony in the case If the Commonwealth has any Offer
and for deciding upon the application He would suggest
Mr. Brown urged that there a strong necessity for
placing Smith where he would immediate and
attention His condition such that he requires prompt
and careful attention. and unless he this
sary he may be delivered a
that he has just been released If should
will be the fault OF the Commonwealth which Is
throwing obstacles in the way Of his receiving prompt a.
tenon. lie stands before the Court man.
but with the maady he Is afflicted with superadded his
innocence to make him an object of Kindness and con
sderaton II there were any good reasons for this deaay
he (Nr Brown would not object to 1t, but there were
none whatever
months, and that his mental and physical health
much impaired by this confinement.
Judge Allison said he had desire to keep the prisoner
confined longer than is necessary but of this
kind should be acted upon Of their regular
II the commonwealth had objection immediate
ton, the Court ready to go on; but there any
evidence to offer, adelay would perhaps be necessary
Mr.. Mann said the ink scarcely dry with which tho
verdict recorded before this petition offered II
looks everything in readiness and arranged be-
forehand. There propresy in conducting these things
and the commonwealth may be ready 10 proceed to mar
next day. Medical men should be examined, and
If smith ravng maniac he should be sent the Insane
Asylum. If he Is dangerous, he should be detained;
bond will not prevent crime.
Mr. Brown took exception the remark Of the District
Attorney, tina, there had been pre- arrangement The
defence in this case had been as free from pre- arrange
ments any representative OF the commonwealth bad
been. They 1.-THE defence) took their Jury fairly
no tnpv Drs
fairly He put the matter the score az humanity and
asked what fairness there in nhumanys The prison
stands before the Court innocent man, he has suf-
tered enough TO make sane mad. We demand nov
upon what you would again consIgn him TO the
pcnitcntsryS We stand upon the law OF humanity and
upon the peculiar propretes VI the case and that's
pre- arrangement We ask the Court 10 make its de-
cision.
Judge Allison referred to the verdict Of the jury
the act Of the Assembly such and said that 70 act
now now, %oua DC 20 manies, ndsesss hasse the OcSr
ration OF the application
Mr.. Brown-in what custody will the prisoner remain
meanwhleH
Judge Allison-In the same custody.
Mr.. Brown-Not in a cellS
Judge AlsonThe sheriff has the care OF the prisoner,
and hc will pay proper attention 10 his wants.
The Judge further remarked to Mr. Brown that the
had been conducted fairly upon all sides The Court
entirely satisfied with the verdict, as the evidence fully
Judge Ludlow reminded counsel for the defence that
act Of Assembly made discretionary with the Court
deliver the either into the custody his friends
or 10 send him the unatc Asylum II was ncces-
sary TO hear the reasons Of the Commonwealth, and
was necessary for this.
Judge Allison then thanked the Jury for their long and
close attention 10 the case, and omplmcned upua
the fairness Of their verdict Tho jurors were then dis
charged. The Court took for a short time
allow the room 10 be cleared, and great per
sons embraced the opportunity TO congratulate the prison
/ on his acqual.
About II O'Clock Smith brought out OF the court
room and placed in carriage, which rapidly driven
| 10 the Debtors apartment where he will be confined
until the Court takes action upon petition ofshs
sister The appearance Of the late prisoner was ,hee-
nal lot vocfcrous cheering which continued long a.
| the carriage remained in sight.
Miss smith followed in q second carriage When she
came out Of the court the crowd gave her three
hearty cheers We learn that Is the intention Of Me
friends OF Smith 10 prosecute the divorce against his wife.
Theatrical, Musical, &c.