The New York herald., 1872-11-17
REV. DR.. SMITH.
The Widow and Daughter Of the Deceased
Pastor Released from Gus ody--The Charge
OF Poisoning Not sustainedA Novel
and Affecting Scene in Court

RALEIGH, N. c.. Nov. 10, 1872.
At nine O'Clock to-day Mrs. Mary f. Smith and
Mrs. Frances l.. Mann, charged win the murder,
by poisoning OF DR.. J. Brinton Smith, the husband
and father, were brought b. Sheriff lee before
Judge Watts on writ OF habeas corpus. They
were accompanied by Messrs. N II. and r. II. Bat
tie, their counsel, by several lady friends
three other daughters OF DR.. Smith, Revs.
DR.. Smcdes and Mason, OF the Episcopal Church,
and by Captain Smith, OF Philadelphia a
brother Of the deceased, on whose arm the widow
leaned. There were present large crowd OF in
terested spectators. The cain demeanor OF the
prisoners and their relatives and friends was
noticeable The family were all dressed in deep
black, and on the part OF the prisoners there was
no affectatiOn OF gricf-it was deep and pure. IN
deed their countenances bore evidently an ex-
preston OF resignation and also that indication Of
conscious innocence.
THE FAMILY
most interesting one, IL OF nigh culture. and ap-
parently knit closely together by ties OF affection.
Mrs. Mann is q lady apparently about twenty-five
years OF age rather above the medium height,
resembles her deceased father very much; is
pretty and has an amiable, intelligent expression.
Mrs. Smith is about fifty years OF age with gray
hair; is dlgnilcd matron, whose bearing would
a INSPIRE respes ne bearing 81 the whole
While expressing surprise at tne suspicion
thrown upon them they have invariably dis
cate otners, as well as the theory OF
suicide, which they repelled with emphasis Mrs.
Smith insisted upon the post-mortem examination
have shown no disposition TO conceal anything in
regard to the mysterious death.
On being warned OF the action OF tie COroncr's
jury by Mr.. Battle prior to arrest, they both said
"Can 1t be possible that any one believes rs guilty
so FIENDIsH A DEEDqr
During the examination Mr.. Mann, the husband
Of one OF the aceased entered having just arrived
stances was most affecting and impressive.
The evidence adduced before the Cororcr's jury,
and analysis OF Professor Genth, showing the pres
ence OF strychnine In the stomach, BRAIN &C, were
read. Mr.. X II. Battle made an eloquent address
In behalf OF be prisoners. lie raised question as
to the poisoning, but contended That no motive ex
listed to commit the crime. The deceased was
sahlried man; his affairs were embarrassed; his
the daughter was DR.. Smiths iav0r.tc. and the
amiabe character OF both onset any presumption
oil guilt.
CAPTAIN SMITH, OF PHILADELPHIA,
brother OF the deceased, testified to the high love-
able character OF Mrs. Smith, that her amabi ty
had been the subject OF congratuaton III the fam
lly, well as the tact that his brother had been
joined to one who so well understood and could 50
well endure and excuse his brusgue manner and
quick temper. When asked what We're her princi-
pal virtues he remarked, "All the Christian
graces."
DR.. Smedes and DR.. r. b. Saunders also testified
to the character OF the prisoner ana the Affection
ate relations existing between deceased and his
family
Judge Watts then delivered his decision, that
there was not the slightest evidence to sustain the
charge against either prisoner, and
ORDERED THEIR DISCHARGE.
Tremendous applause from the audience fol-
lowed the decision, while numerous friends
crowded around the prisoners c0ngratulating them.
The selfpossesson so long maintained gave way at
the last moment, and, dropping their neads with
quick start they both burst forth IN audible sobs.
The spectators were deeply moved and tears filed
the eyes OF nearly all the spectators In court. The
judges decision was universally approved Mrs.
Mann, her husband and the other daughter then
pressed forward TO thank the Sheriff for his deli.
cate Kindness during their Incarceration.
The Messrs. Battle, OF counsel, were heartily
thanked for their efforts. The whole was, indeed
q most affecting scene.
After the trial the family returned to the Sherirs
residence amid the congratulations and good
wishes OF large multitude, and shortly after
proceeded to their residence. Thus ends SO far as
these parties are concerned one OF the most
startling tragedies that ever occurred in this
State Mrs. Smith and daughter are believed uni.
vcrsally to be innocent OF the crime. as adudged
by Judge Watts, but the mystery OF the death OF
Dr. Smith is still mpenct trabiy veIed.