The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-21

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to his death from -
minlstered by Frances 8. MIMI,
E. Smith was the custodian Of key Of the
closet 10 which was found aVlal of said pol
sonous drug. ~
Under coroner's warrant the two ladies
were arrested on The following day and COM
mltted to Jail. This was on Tuesday.
THE CASE m COURT.
Application for writ Of habeas corpus was
Immediately made by the counsel for the
accused, and a hearing upon It was had before
Judge Watts, of the Superior Court, 10 this city
on Saturday. The mayors Office, In whioh
the hearing took place, was tlronged,; and
intense interest was manifested In the pro-
ceedipgs BY all classes. Mrs. Smith came into
court leaning on the arm OF her late husbands
brother. and accompanied by Mrs. Mann and
three other daughters Of the deceased, all clad
In deepest mourning. Tne counsel for the
prisoners said the defence was willing to have
all the facts In the case brought to light. and
for the purposes OF this examination was ready
TO admit the regularity of the testimony as to
the chemical analysis, the discovery Of poison,
&c, and that the tumbler containing the pol
son was banded to the deceased by bis daugh.
ter, Mrs. Mann, notwithstanding which, he was
satisfied he would be able TO convince the
court OF the Innocence OF the prisoners. The
prosecuting attorney said ne regarded this as as
tried in North Carolina, and that sense of
publc duty compelled him to demand the full
eat Investigation; bnt that he was not now
prepared for the trial. and asked q postpone
nment. His request being denied, the prose.
culing attorney declined having any response
biIity In the case, and withdrew from the trial.
The hearing was consequently In some meas
ure ex parte.
THE PRIsoNERs OFFENCE.
The counsel for the defence then submitted
the report OF the testimony before The coro-
ner's Jury, and introduced testimony. to show,
frat, the a5eence Of any motive for the crime:
The affairs Of the deceased were shown TO be
In an embarrassed condition, and 1t was
proven that bis wife had voluntarily s!gned
away all her Interest ln the estate to relieve
him from the embarrassment; while as to the
charge of cruelty to his wife and family, testi-
fed 10 by negro servants, abundant evidence
to the contrary was furnished by the friends
and lntlmates Of the family. lt appeared 10
the course of the testimony that Mrs. Smith
herself first suggested q postmortem e1ami-
nation, and the proprlety Of having the
stomach tested BY! the most competent
chemists. She rejected the theory that the
poison was administered by others, as she did
not believe her husband bad such an enemy
In the world. She also repudiated the idea OF
suicide. as she considered II totally incompatl.
BILE with bis views to desire such death.
THE wIFE's THEORY.
Her theory seemed to be that In preparing
q dose for some depredating animal, which ne
sometimes did, sufficient quantity OF the
Tiki h,,yy1 fol hn n
litz powder to have caused death. Captain
Smith, the eldest brother Of the deceased, tes.
tided to the Christian character of Mrs.
Smith, and that this was the first lime he had
ever heard an inLimariol OF unhappl0ess In
his brolher's family. He concluded by saying
that no member of his family considered IL for
one moment possible that Mrs. Smith could
be gully OF the crime ehurgpd upon her. Ine
Rev, DR.. Smith also tesuhed to the excellent
character OF the accused and said that her
composed bearing under this reverse Of for
lime could ema1Rte from nothing but pure
Christian faith. During the proceedings. Major
Mann, the husband of Mra Mann, the accused
daughter, entered the court room, having been
summoned from Vermont, where he Is en-
gagged In business. This being his first meet
log with hs wife since lheGharge was brought,
excited the sympathy Of all the spectators,
among whom there was scarcely dry eye.
THE PRISONERS DISCHARGED.
At the conclusion of the testimony, Judge
Watts gave the following decison;
ut is the Judgment OF the court that there
ia not the slightest evidence, either positive
or presumpllve, to lmpllcste Frances l.. Mann
In producing or procuring the death OF her
father, Br. J. Brinton Smith. 1t Ia the further
opinion OF thls court that there Is no evidence
to satisfy the court that Mary E. Smith either
prepared, administered. or connived, at the
death ;of her husband, DR.. j. Brlnton Smith,
am, however, of tue opinion that lron the
report of the Jury of inquest, which tho court
regards as merely lnterential, 1t was the duty
OF the coroner and officers OF the law 10 give
the matter a thorough investigation. 1t is,
therefore, the Judgment OF the court that the
prisoners be discharged"
The announcement was received with the
most decided demonstrations OF approval, and
the prisoners, who had borne themeeVes
through the whole proceeding with great
calmness and dignity, ior the arst lime gave
vent to their feelings In floods oil tears. They
were Immediately surrounding by their
friends, who overwhelmed them with congra.
tulations.
GENERAL RELIEF IN THEIR INNOCENCE.
The belief In their innocence, nolwithsland-
ing the terrible Gordon OF circumstances that
city. The result Is not conclusive. OF course
the effect OF the decision Is only to discharge
them from custody. Doubtless the prosecli,.
| Ing attorney will present the case before the
grand Jury ut the next term OF the Superior
Court, which will be In March, and ask for q
bill of indictment. as 1t can hardly be denied
that there is sufficient ground for holding
them for trial. There will probably be regu
lar and formal trial at that time, though It is
hardly possible that they can either Of them
be convicted unless meantime some new evi.
dence should be discovered. The theory oil
Mra Smith, that the doctor was the victim oil
his own carelessnpes, receives pretty general
credence here. he seems to have been pc.
culIar man In some respects, and one OF bis
De ,uliaritIes was his aversion to trespassers
on his grounds, whether brute or human. AL,
most the first thing he did after taking posses
sion OF the property he occupied for the
school and residence aud private grounds
was to post notices warning of all trespassers
and be was especially sensitive to the incur.
sions of animals, such as dogs, hogs, &C., upon
hIs premises. 1t was to kill these that he pro.
| clred The strychnlne which
CAUSED HIS OWN DEATH,
and It Is said that the day before he died he
poisoned O hog found trespasslng on his land
He was of an irascible temper, and said to BIZ
| somewhat sharp in his business transactions,
but man of great force of character, and to