Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-11-22

EXAMINATION OF WITNESS SEES.
THE JUDGE DISCHARGES TIE PRISON
ERs UNCONDITIoNALLY.
Exciting Scene in the COurt Room
Long before the appointed hour for tho
assembling of the Court yesterday morn
| ing for the hearing of the Smith Poisoning
Case before Judge Samuel w. Watts, the
| Mayors Court Room was thronged with
an anxious crowd, eager to hear all that
was said in this singulacly mysterious af-
fair that has for the past month so excited
the minds Of our people. At ten o'clock
| Mrs. Frances A. Maun and Mrs. Mary
E. Smith, attended by Sheriff Lee, the
NIesSrs. Battle, their counsel, Capt. Smith,
brother of the deceased, Mr.. r. B. Saun-
| derS, who accompanied the young ladies'
Miss Annie, Lillian, and Jeanette, who
came in the Court Room and occupied
seats on the left of the Judges stand -
| Rev. DR.. Mason and Rev. DR.. Smedes also
took seats with the family. The seats on
the right of the stand were occupid by
ladies Of the city.
At the Reporters desk were, besides the
reporters for the News, Sentinel and Era,
| Messrs. Vance, of the New York World,
Maj. Mann, of the Wilmington Post, Fur
gusOn, of the Boston Times, and Finch, Of
the New York Herald.
AT the opening of the Court, General W.
r. Cox, Solicitor for the State, stated to
his honor that being absent at Halifax
Court he knew nothing of the cass and was
only notified at 81 O'Clock, that it would
come up for hearing at 10. He would
therefore ask poStpOnement of an inves-
tigation till certain witnesses could be
summoned and himself posted in regard
to the circumstances connected with the
| case.
Judge Battle replied that under the pe
| cullar circumstances The defendants, being
ladies of high social and moral standing. in
the community, and had been for several
days in prison, that the application had
been pending for three days, &C., he would
in justice to his clients insist upon the in
vestigation, then and there.
Judge Watts decided that he would hear
the case, but would issue iuStdnter sum
mons for the State Solicitor, Willie the ar
gument for the defense was progressing.
| Gen. Cox then notified the Court that,
as Council for the State, he would be com
PEELED to withdraw, and take no part in the
case.
Mr.. Il. Il. Battle, Jr., read the full pro-
ceedings Of the Coroners investigation, to-
gether with all the evidence before it, and
laying the verdict before his Honor, called
| especial attention to the various erasures
and lnfornalitieS contained in it. Mr.
Battle then proceeded with a powerful
effort IN behalf OF the prisoners, speaking
for nearly an hour. In referring to the
unhappy situation Of the ladies present,
the past happy and contented life Of all the
members of the now sorrow stricken
! family, nearly the whole audience were
moved to tears. At the conclusion of
MIR. Battles remarks, Judge Watts called
MISS JEANETTE SMITH ON THE STAND.
The appearance Of this beautiful Young
lady, arrayed in deep mourning and closely
yelled, created much sensation in the audi
ence. AS she stepped forward and lifted
her veil to take the oath, a death-like still
ness pervaded the entire room, all eager to
hear her own words touching this mystic
rious affair.
Being sworn by the Judge, she described
the diagram of the house and and DreIni-
ses, (shown her by his honor) showing the
various rooms, where the deceased died.
dc. She said
Mrs. Mann and l came down in the
morning together. We We're there when
papa came i'll. He asked for Seid itZ
powder. he addressed no one, but was
seated OH the sofa and sister was standing
up, as she had met him at tie door. She
went out and got the powder l did not
notice that she was gone only long enough
to get the medicine. Papa was seated at
the table. He drank from the glass, Whic.
afterwards saw in the dining room. i
did not go into mothers room until after
wards, while papa was sick. ! am salts
fled that sister had net been in that room
that morning before she went for the med
q 90 dnVrV 81 i1.-f
sat OH the sofa together. When we heard
papa coming, Mrs. Mann arose to meet him
at the door. Mrs. Mann, mother and /
were in town the day before from 8 in the
morning to about halfpast | in the after
noon.
q. D. SAUNDERS
was next examined as a practical apnthe-
cary as to the effect of poison on the effer-
vescing properties Of Sedlitz powders. As
a paiishoner Of the late DR.. Smith, also
a neighbOr, he was examined in re
gard to the characters of all parties, and
the private family relationship. Mr. Saun-
ders stated that be was q visitor at the
house of DR.. Smith, and testified that he
never had occasion to observe ANYTHING
contrary to the affection that is usual with
families, only that tie ties seemed espec-
tally strong between Mis-. Mann and her
father. Mr.. Saunders was also examined
III regard TO the events that transpired after
tue death of Dr. Smith and after the Core
ner's investigation.
(Whlle MIR. Saunders was on the stand.
Major Mann, the husband of the accused
lady, (who is, by the way, only about %
years OF age) appeared in the court room.
and tie meeting between himself and the
distressed family can better be imagined
than described. Major Mann is engaged
In business in Vermont, aud has been all
sent from his lady several months. He
was informed by telegraph Of the arrest of
his wife, and took the first train for North
Carolina. Bat for an accident lie wou,J
have arrived the evening before At 12d |
O'Clock he reached the city and found his
wife before Judge of the Superior Court, |
being examined for the high crime Of muir
der.)
CThe thrilling scene Of the young hus
band clasping TO his embrace the wife of |
his bosom, under the existing circumstan-
ces, will never be forgotten by those who |
witnessed it. But few dry eyes were OBJ !
servable in the large audience, even the !
Judge on the bench bowed bis head, and |
was observed to wipe away the starting !
tear)
A young man by the name of F. d. !
Wickham was next called upon the stand |
de had been an inmate Of DIR. Smiths fam
ny slnce June of the present year, and |
testlfled to the usual affection that existed |
between husband and wife, and father and .
daughter. During his sojourn with the
family he had always been treated as one
OF the household, and knew DR.. Smith to