Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1888-12-27
MRS. H. 3. SMITH.
4 GREAT LAW CASE Now BEING TRIED
AT MI. HOLLY, n. j.

discarded VIE OF the nlliOndlIcs H. D.
Smith, who is suing the estate for ner
share. We clip the following from the
Boston Herald;
For the first time the early history OF
Hezekiah b. Smith, deceased, millionaire,
manufacturer and congressman, former
In from New England. was made public
YESTERDAY in the court house in the hear
inc of an audience that crowded the
bniIding TO the doors and excited the ut
most attention. The trial of the case
has been in anticipation for some time.
and. in point of sensational features,
bids fair to become state celebrity
The plaintiff in the case is Eyeline i.
smith, the alleged widow of IL. b. Smith,
who brings suit to recover her dover in
the property and establish the Legitimacy
of her three children, all of whom are OF
age. Mrs. Smith is now sc years of age.
but remarkably well preserved. Her
harris little gray but there are but few
wrinkles in her well rounded face. she
is quite short and dresses plainly in dark
clothes, with no ATTEMPT at display. by
her side sits her two sons, Elton smith,
now wealthy merchant of Savannah,
Ga, and Eugene Smith Vermont far-
mer Both men bear strong reseill-
blance TO the late ii. b. Smith, fact
that was the subject of remark as soon
as they entered the court room. The only
other child living is Mrs. Ellen Fuller,
married daughter now living at Wood
stock. VT, who was also present IN court
and took an active interest in the pro-
ceedings. The plaintiff, who is daugh-
ter of the late John English OF Wood
stock. Vt. met Mr.. Smith when she was
young girl and he young man, near
Nv 80 years ago. He was always show
! inc her more or less attention and fnaliy
! In 1913. 1t was announced that they were
engaged to be married. AT that time he
was quite poor, however, and unable TO
support a wife, so il was decided 10 post
pone the wedding until his means would
permit. He WAS then hard at work per-
fectjpg a number of inventions, from
which he afterwards became rich, ana
went around the country disposlng OF
county rights. In 1916 he decided TO
close up his business At woodstock ana
remove to Manchester. One day during
the absence of the plaintiffs parents, MIR.
Smith came hurriedly to the house ana
urged her to go with him and get mar
ried. He said he had made all the ar
rangements, and thought he was at last
i'm A positioD TO earn a living for him
objection to the union on the part of her
parents She consented and left with him
for Manchester. having first, however,
written note Of explanation TO her par
ents and telling them where tc come and
visit her. On reaching their destination
they learned they could not be married
without giving the proper legal notice,
so they decided to move on to Concord.
There Miss English remained until Mr..
smith went to Boston to attend TO some
urgent business and on his return they
went to Boston together, and on the sth
of Nav 1916, drove to hotel near the
station. Here Mr.. Smith called in man |
representing himself TO be minister OF
the gospel. and who performed the mar
rage ceremony. Mr.. Smith then said
MAKE a quick Job of 1t parson, We want |
to see the sights of Boston," The plain |
tiff was not given marriage certificate |
and supposed Mr.. Smith had it. AT all |
events She never had it IN herpOssession. |
After this ceremony they removed TO /
Manchester, where they lived together |
as man and wife for over one year, after |
wards removing TO Woodstock, VT, /
where Mr. smith purchased fine house, |
and lived there with his wife and chill
dren whenever he returned from his busl-
ness trips around the country. lie IN
troduced the plaintiff around among ms
relatives as his wife and on all occasions
so recognized her. He paid her bills,
paid for the support and education OF
his children, and in every way acted like
"A man who is regularly married. Dur
ing his residence there, whenever he sold
piece of property the plaintiff joined
with him in giving title. One OF the
4. col I'M and road
81. b. smith of Woodstock and Eveline
smith. his wife" In addition to this
there will be a number of letters from
Mr.. Smith to the plaintiff read to the
Jury. Some of these go 20 show that he
then recognized her as his wife, and he
signed his name with the prefix, ~ our
loving husband" There were num-
Der of other letters which Mr. Smith Is
said to have secured and destroyed just
before he abandc ned the plaintiff, which
event occurred in the year 1860. On oc-
casons when he would bring business
acquaintances home with him to spend
the day. he would present them TO plain
tiff. whom he addressed as My Wife,
One of the children. Elton, he took with
him to Lowell, and gave him employ
ment in his office for awhile. Before
leaving Woodstock, VT. for good he de-
posted 5000 in the bank there to the
credit of the plaintiff, provided she would
check it out in her maiden name. This
she refused to do. The record of the
marriage, together with the birth of the
children were all duly recorded in the
Smith family Bible, where il was seen
by several witnesses. Since the suit,
however, these have all been cut out, but
the mutilated record will, nevertheless,
be shown in court. Or. Edwin Hazen of
Woodstock, who was the family doctor
of IL. B. Smith. testified to the birth of
the children, and also to the fact that {
Mr.. Smith had never repudiated his mar
rage to the plaintiff. On the contrary
he had always referred to her as his
wife. After deserving the plaintiff Mr..
Smith removed to Mt. Holly, bought !
the machine shops at Smithville and be-
came very wealthy. He married a Miss {
Girkerson of Lowell, Mass, and she [
died about two years before he did. The |
A.. -. ,-....ro NJ Smith said WAS a y.