Norwich bulletin., 1914-07-22
FAMOUS TRIALS
TRIAL OF JOSHUA H. SMITH.

It will be remembered that when Benedict Arnold was about to accom- : plish his treason for the delivery or West Point to the enemy during the revolutionary war with Maj. Andre acting in behalf of the British com mander the meeting of the two officers was held at the house of Joshua Il. Smith Andre soon after leaving the Smith house, was captured by Amer ican soldiers and was executed as spy. and Arnold only saved himself by escaping to the British lines and after ward making his home in foreign land
 AS soon as the treason of Arnold became known the commander in chief of the American army took decisive and energetic measures to ascerta'n n how far the defection extended and to punish all who had been in any manner cognizant of the traitors designs. 1t was not long until it was satisfactorily ascertained that no just ground of suspicion could be entertained against any of the American officers.
 There was one person. however, who had been loud in his professions in favor of the cause of liberty against whom there were strong suspicious, and this was Joshua H. Smith, who had not only harbored the spy at his house, but had gone on board the Vul- ture with Andre. Indeed, Andre had on a suit of Smiths clothes when he was taken prisoner.
 Little doubt was at that time enter tained that Smith was cognizant of the whole plot and he was arrested at Fishkill on the night of September 20, 17S0, by Col. Gouvion. the French off1- cer whom Washington sent for that purpose. He was conducted under guard to West Point and from that place to Happen. where he was kept in confinement till he was tried by a court martial.
 The court martial ordered for the trial of Smith assembled on Sept. %, 17S0, the day after the examination of Andre, and continued by adjournment about four weeks.
 To this charge Smith pleaded mot guilty" The first witness to be called was Samuel Cahoon, who had rowed Smith to the Vulture and brought back with~them Maj Andre. His brother, Joseph. who had been with him on the trip to the Vulture, was next called up on to give evidence. Col. James Liv- ingston, who was an officer under Ar mold, was the next to be called upon and he gave damaging testimo " against Smith as to his suspicious movements for some time before the eventful night. He was followed by Col. Harrison. who was frequently questioned by the prisoner.
 Others to give testimony were John PaulGing, who had captured Andre, as we'll as David Williams and the Mar quis de Lafayette. The latters testi- mony seems to have been very annoy ing to the prisoner. who speaks of him with great bitterness He delivered his evidence,'' says Smith with acrimonious severity and malignant bitterness"
 Then Col Hay, at whose house the prisoner was arrested, testified as to the conversation he had had wtch Smith upon the subject of his arrest There were several witnesses produced by the prisoner, including Maj-Gen. been in the habit of furnishing intel lfgence to the Americans of the enemy and that he always appeared to be a strong friend of liberty.
 At this stage of the proceedings all the evidence on both sides having been porduced, the prisoner requested time to prepare his defense, and several days were allowed him for that pur- pose. When the court assembled again he read long defense, which occupied a quire of paper. Following his ad- dress the court adjourned and, after holding one session for consideration, pronounced the following sentence:
 ''The evidence produced at the trial leads us to the opinion that Smith did aid and assist Benedict Arnold: yet we do not believe the evidence is sufsicient to convict him. It is therefore 5ur opinien that the said Joshua Smith is not guilty"
 The decision of the court seemed in accord with the testimony but the real never been satisfactorily explained.
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