, 1892-08-13
THE SMITH ESTATE.
Judgment of the Lower Court
Affirmed.
The Petitioner and Frank Smith
Never Legally Married - The
Thrilling Tragedy which Oc-
CURED Two Years Ago.


Never Legally Married - The
Thrilling Tragedy which Oc-
CURED Two Years Ago.
Judge Robinson Of the Thurston county
superior court was sustained by the
supreme court yesterday in refusing letters
Of administration to Lydia Smith, on the
estate Of Frank e. Smith, who shot him
self about two years ago near South I'm
ion. Mrs. Smith petitioned for letters and
was opposed by w. H. Fife, Of Tacoma,
guardian of Frank Smiths minor children,
by his first wife. The lower court held
that Smith was never legally married to
the petitioner, for the reason that they
were married before the expiration OF said
six months after the divorces had been
granted, and such marriage is prohibited.
Mrs. Smith obtained a divorce from her
first husband on June 6, and Frank Smith
was divorced from his wife on October, 9
1888. Frank Smith and the petitioner were
married on October II, Of the same year,
and as no marriage between them having
been solemnized thereafter, the supreme
court affirms the judgment of the lower
court in holding the parties were incapa-
BILE of marriage within the period of six
months after divorce, and 1t follows that
they were never husband and wife.
This recalls one of the most thrilling
tragedies which ever occurred in the state
of Washington. Smith had been in Olym-
pia about tive years, and was at one time
interested in the steamer Fleetwood. He
married the daughter Of W. ii. Fife, of
Tacoma from whom he was divorced, and
uffo do rrfa1 N ufa Of
John p. Crins, of this city. During the
week previous to the tragedy Mrs. smith
considered her life TO be in constant
jeopardy, and for safety left him to live
with her father and mother, who resided
at South Union. Atabout 8 o'clock on the
evening of October 7, 49, }, she started with
her father and mother, Mr.. and Mrs.
Crins, in a country wagon. When the
party reached TumWater Smith overlook
them on horseback and talked the matter
over. He declared that he could not live
without his wife, but on assuring him that
they would bein the city again on SATURDAY.
to talk the matter over, they parted, Smith
riding ahead.
On the road Smith endeayored to secure
a gun at four different places, and at the
home of the Rev. Mr.. Hopkins he stated
that he wanted a rifle TO kill some game, and
was given Winchester Armed with this,
he rode back half O mile and seoreted him
approach Of his victims. As they
neared the tree he fred the first
shot which took effect in CrinB
arm. He then ran TO the head Of the horses,
but Crins brought the whip around with a
slash, cutting smith across the face. Crins
quickly whipped up the horses and Smith
ran along size, Hating a moment he fred
three more shots at the occupants Of the
wagon. One Of them lodged in Crina' right
arim, and completely shattered the bone.
The third shot struck Crins in the side of
the breast. With this, he fell back ex-
hausted and Mrs. Smith whipped the
horses, and drove with all speed. Smith
fired a parting shot, just grazing her dress.
He then mounted his horse and rode after
the wagon, but on reaching the edge Of the
timber returned TO the tres where he first
laid in wait for his victims, crouohed down,
placed the muzzle of the rifle in his mouth
and blew off the top Of his head. The news
Of the tragedy put the city in an uproar for
a while. Crins was brought into st.
Peters hospital where his arm was ampu-
tated. Smith was found thenext morning.
The estate was valued at $500 }.