He was born in Heimerdingen, Neckarkries, Wurttemberg, Germany, a son of Johann Conrad Schmid and Catharina Margaretha Supper.
He first married Maria Judith Casper on July 24, 1810, in Heimerdingen. Maria was the daughter of Rudolph Samuel Casper and Eva Judith Schwarz. They had three childre who were all born and died in Heimerdingen. A boy born and died on April 26, 1811, Johann Friedrich born on October 2, 1812, and a girl born and died on September 23, 1813.
On January 19, 1817, he married Maria Katharina Margaretha Kusterer in Heimerdingen.
He, his wife and 8 children immigrated on July 9, 1831, sailing from Villa De Harve to Philadelphia, Pennsylvania. Last name changed to Smith sometime after he moved to America.
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Public Ledger-August 18, 1836-Another Brutal Murder
We have had hardly time to consign the mangled corse of the unfortuante Clark to its resting place ere it becomes our painful duty to record the inhuman murder of John Conrad Smith, who was bruised to death on Friday last, as it is alleged, by John Anderson and Wm. Van Horn, on the Germantown road, between the Rising Sun village and the village of Nicetown, about four miles from the city. He was rudely accosted in the street by Anderson and Van Horn, as he was peaceably returning to his family from the labors of the day, knocked down by a blow to the head, kicked and beat while lying on the ground senseless from the blow, until the fiend-like wretches had satiated their thirst for blood, when they dragged his mangled and almost lifeless body some distance from the spot and rolled it into a ditch, where it was found the same evening and conveyed home. Medical aid proved unavailing, and after lingering in its mutilated tenement until Sunday morning, the vital spark fled. Smith was a native of Germany, about 51 years of age, a temperate, industrious, and inoffensive man, with a wife and family of eight children, who were dependant on his daily labor for support. An inquest was held on the boy by Esq. Warner, and the jury returned a verdict that Smith came to his death by blows inflicted by John Anderson and Wm. Vanhorn, who, we are happy to hear, have been arrested and committed for trial.
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Philadelphia Inquirer-August 18, 1836-page 2-MURDER
A murder was committed on the evening of Friday last, the 12th inst. near the Rising Sun, under the following circumstances---"John Conrad Smith, a native of Germany, fifty-one years of age, had just finished his work for the day, and was returning home, when he was accosted by two men, who after some conversations, knocked him down and beat him so severely, that he died in a few hours. It is said that the deceased was a temperate man, and the father of a large family dependent upon his exertions for support.
The annexed is the verdict of the jury:--"We, the Jurors, after examining the body and hearing the testimony, believe his death was produced or caused by a blow or blows inflicted or given by William Vanhorn and John Anderson."
The supposed murderers are both in prison.
The following additional particulars are from the German Telegraph of yesterday:
An elderly German by the name of Conrad Smith, residing at Rising Sun, was returning home from his work at Nicetown, when he was met by two young men, by the name of Van Horne and Anderson, carpenters, who had been at a 'raising,' in the neighborhood, and who, as it appears, accosted him, and what in the act of shaking hands with him-a courtesy which they proffered, although Smith was unknown to them-he was struck a violent blow in the eye, by one of them, which brought him to the ground. It was not known how many times he was struck, or that he was struck more than one blow about the head, although one of his sides was considerably bruised. The old man not being able to rise, the perpetrators of this inhuman act carried him to the side of the road, where he was left, and returned to their home, a few steps off, apparently unconcerned about what they had done.
Smith was carried to his family, and after lingering in excruciating agony, until Sunday morning, he expired. An inquest was held by the Coroner, on Sunday, on which it was shown, from an examination of the head, that the blow had produced a concussion of the brain, and consequently caused death; and the verdict of the jury was in accordance with these facts.
Anderson and Van Horne were arrested on Saturday morning; and after an examination before Justice Warner, they were committed to Moyamensing prison to await their trail.
We understand that the former character of these young men has been good, and were generally respected by their acquaintance. One of them-Anderson-we partially know-he is of respectable parents, and as far as we know anything about him, is a harmless and rather intelligent young man.
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Philadelphia Inquirer-December 13, 1836
Reported to the Public Ledger-Court of Oyer and Terminer-Present Judges King and Randall, Monday, December 12, 1836. Commonwealth vs. Wm. Vanhorn and John Anderson, charged with the murder of John Conrad Smith.
The cause for the Commonwealth was opened by Charles J. Jack, Esq., who stated the charge he wished to prove to be this: the defendants did on the night of the 12th of August last, near the village of Nicetown, Philadelphia County, assail an aged German named John Smith, and by blows and other maltreatment, caused his death. He merely, for the sake of the supremacy of the laws, wished the prisoners convicted of murder in the second degree, as he would show that they had caused the death of the deceased by the blows inflicted upon his person by one or both of the defendants.
Dr. Wm. Bettle, sworn-On the evening of the 12th of August, about 9 o'clock, I was called to see John Conrad Smith. I found him to be a man of about 55 years of age, and laboring under the symptons of very serious injury of the brain. Nothing could be done for him; his powers had partly rallied; directed the women to do what I thought would be proper for him. Next morning word was brought to me that the man was dead. I made an examination after death; found the bone immediately behind the eye to be fractured, by, I suppose, a "counterblow;" brain lacerated; great ???? of blood. I believe the blow on the temple was the cause of his death; a blow with the fist might produce such a result. When the scalp was raised I found a great congestion of blood in the temporal muscle; found great difficulty in raising the cranium from the dura mater, caused by the fractured portions of the scull adhering to the dura mater. A blow applied at one point of the skull may fracture it at another point.
Cross Examined by C.J. Ja E.-Saw nothing unnatural in the appearance of the abdomen; saw nothing that could possibly be the cause of his death except the fracture of the skill.
By D. P. Brown, Esq.-The fracture was behind the right eye; the blow had been received upon the right temple; if a direct blow had caused the injury, the eye would have been mashed; the fracture was caused by a counter-blow; nothing could be done at my visited because nature was prostrated.
In answer to a question by the court. I saw no external injury either before or after the death.
John Emory, sworn-I saw this affair; it took place at Nicetown. Vanhorn was standing in the road, Smith came along; Vanhorn said 'how do you do?' Smith took hold of his hand and held it for some time; Vanhorn struck him, but I am not sure whether he hit him; Smith let go his hand and picked up a stone and threw it at Vanhorn, Anderson was sitting on the steps of the house; Smith was going to throw another stone, and Anderson said if he did he would hit him. He threw the stone but did not hit any one; he ran a little piece, then he turned around a little, and Anderson struck him and he fell and laid still. Anderson and Vanhorn lifted him up and laid him by the side of the road; he laid there 20 minutes; I got a wagon and took him home, he was not able to get out of the wagon; me and his wife helped him out. A day and two nights after that he died.
By the court.-When Smith turned round he did not attempt to strike; Anderson and him were not acquainted.
Cross examined by Brown.-It happened on Friday the 12th of August, between 6 and 7 o'clock in the evening; I was inside of the fence, near the road; the prisoners and I live in the home together; Vanhorn and Smith met together in a friendly way; Smith might have said something but I did not hear him; I am reather hard of hearing, Vanhorn had a sore hand; Anderson sat still till he saw Smith take up the second stone; the stone was about the size of an inkstand (about three inches in circumference.) Smith appeared to be in a rage. When first met by Vanhorn, Smith was towards the city; he ran across the road; he picked up two stones; Anderson was between Smith and Vanhorn; he ran between them; never heard of a quarrel between the parties; when Vanhorn struck at Smith his hand I think was open; I cannot infer that he did strike him; when I turned round, he partly faced Anderson; he didn't seem to strike him hard, nor do I think either of them intended to hurt him. I am near sighted and partly deaf; he struck him back of the ear; he fell forwards; it was on the edge of the turnpike, and he fell with his head down the hill; I was about 20 years off; though near sighted I can see that far.
By Dallas.-A good many stones stuck up where he fell; when he picked up the stones he had one in each hand; can't say that Vanhorn tried to get his hand loose; Vanhorn struck at him about the side; that was the only stroke Vanhorn made at him at any time; they both kindly picked the old man up; they didn't think him hurt until after they picked him up and found he couldn't speak; they didn't stamp on him; if Vanhorn had not dodged the stoner they would have struck him on the head; when the old man threw the stone, he said something, but I could not tell what it was; the sore on Vanhorn's hand was between the thumb and forefinger, I think on the right hand, the old man shook his hand very hard.
By Jack.-Smith turned to face Anderson after he was struck, he said something after he was sturck when they put him in the wagon, but I could not tell what it was.
The testimony of George Saunders and Charles Nunneweiler, merely went to corroborate the evidence given above.
Christian F. Smith, sworn-The man who was killed was my father; I saw him after he was brought home; if he was spoken to he could not answer; his right eye was so swelled that he could not see out of it, his temple was all swelled up and black and blue, and so was the back of his head; he was all black and blue along his heart, on his left hand his knuckles were black and blue and all swelled up; when we asked him where he was that day, he said he was in town.
Henry G. Smith, sworn-I did not see my father that evening; I was sent for the next day; when I came in about 10 o'clock, I saw my father in a fit of convulsions; when he was better I asked him who had beat him; I did not receive an answer; he had every ten minutes a fit of convulsions; I examined his body. (Description of appearance the same as the previous witness.)
(Francis G. Smith was recalled for the purpose of proving what was said by Emory on the evening of the attack in relation to the affair. The matter was ably argued by the counsel on both sides, and the court decided that the evidence was inadmissible.) NOTE: Since only Christian F. and Henry G. Smith were called it has to be one of them, not another person. Just a typo.
John Warner, Esq., sworn-I was acquainted with Smith; I saw him the morning after the transaction; I examined his body both before and after death, (appearance as described by preceding witnesses) the flesh behind the ear appeared beat to a jelly; think it impossible for a single blow to produce such an appearance; don't know hoe it was done; I arrested the defendants, when they were arrested they did not think it possible that what they did to Smith could cause his death; I arrested them in consequence of the appearance of the body I was under the impression that he had hurt his hand by the fall; pressed his hand to his side and he seemed to care nothing about hurt in the hand. Vanhorn said Smith had hurt his hand; he had a small sore on his hand; I think it was the right hand.
Mr. Nunneweiler, recalled.-Didn't see any mark about Smith when he left my house; did not complain to me that afternoon of being injured; when I got up with the wagon, it was too dark to see whether he was bruised or not; his face was covered with dirt; his eye appeared to be swelled; saw Emory there; can't say whether he was sober or not.
(Here the examination for the Commonwealth was closed.)
Several respectable witnesses were examined, who testified to the good character and peaceable conduct of the defendants, and after the case being argued by the different counsel, it was submitted to the jury, who after an absence of half an hour, and not agreeing, the court adj. till to-morrow.
Counsel for the Commonwealth, C.J. Jack, Esq., for the defendants, George M. Dallas, and St. Geo. T. Campbell, Esqs. for Vanhorn, and David Paul Brown and Samuel Brasheirs, Esqs., for Anderson.
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Philadelphia Inquirer-December 15, 1836-Trial For Murder
The trial of John Anderson and William Vanhorn, who were indicted for the murder of John Smith, took place on Monday, in the Court of Oyer and Terminer, before Judges King, Randall and Jones. At half past ten o'clock, yesterday forenoon, the jury, who had been out all the preceding night, returned into Court, and stated that there was no probability that they should be able to agree on a verdict, and requested to be discharged. The Court stated that a discharge would be tantamount to an acquittal, and that their request could not be granted. Judge King made some explanatory remarks, and the jury again retired. At a quarter before twelve they returned with verdicts of guilty of manslaughter against both defendants, and unanimously recommended them to the mercy of the Court.--Neither of the prisoners appear to be over twenty years of age. The Attorney General, James Todd, Esq., and C.J. Jack, Esq. appeared as counsel for the Commonwealth; David Paul Brown, and Samuel Brashears, Esquires, for John Anderson, and G. M. Dallas, and St. George T. Campbell, Esqrs., for William Vanhorn.-American Sentinel.
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Public Ledger-April 20, 1837
(Reported for the Public Ledger.) Court of Oyer and Terminer. Before Judges King and Jones.
Commonwealth vs. John Anderson and James (sic) Vanhorn.-Both these defendants were tried in the last session of this court, and convicted of the manslaughter of John Conrad Smith, on the 13th day of August, 1836. Motion for a new trial, after being fully argued, was sustained by the court, and the defendants have since been at large, having entered bail. Mr. Todd opened the case, commenting at length on the constitution of the different offenses of the murder in the second degree, voluntary and involuntary manslaughter, quoting authorities.
Witnesses for the prosecution were then called. (As this case has been reported in detail, it is unnecessary to give it again in like manner, but it may be stated that the evidence did not materially differ from that which was given at the last, or rather first trial.)
He first married Maria Judith Casper on July 24, 1810, in Heimerdingen. Maria was the daughter of Rudolph Samuel Casper and Eva Judith Schwarz. They had three childre who were all born and died in Heimerdingen. A boy born and died on April 26, 1811, Johann Friedrich born on October 2, 1812, and a girl born and died on September 23, 1813.
On January 19, 1817, he married Maria Katharina Margaretha Kusterer in Heimerdingen.
He, his wife and 8 children immigrated on July 9, 1831, sailing from Villa De Harve to Philadelphia, Pennsylvania. Last name changed to Smith sometime after he moved to America.
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Public Ledger-August 18, 1836-Another Brutal Murder
We have had hardly time to consign the mangled corse of the unfortuante Clark to its resting place ere it becomes our painful duty to record the inhuman murder of John Conrad Smith, who was bruised to death on Friday last, as it is alleged, by John Anderson and Wm. Van Horn, on the Germantown road, between the Rising Sun village and the village of Nicetown, about four miles from the city. He was rudely accosted in the street by Anderson and Van Horn, as he was peaceably returning to his family from the labors of the day, knocked down by a blow to the head, kicked and beat while lying on the ground senseless from the blow, until the fiend-like wretches had satiated their thirst for blood, when they dragged his mangled and almost lifeless body some distance from the spot and rolled it into a ditch, where it was found the same evening and conveyed home. Medical aid proved unavailing, and after lingering in its mutilated tenement until Sunday morning, the vital spark fled. Smith was a native of Germany, about 51 years of age, a temperate, industrious, and inoffensive man, with a wife and family of eight children, who were dependant on his daily labor for support. An inquest was held on the boy by Esq. Warner, and the jury returned a verdict that Smith came to his death by blows inflicted by John Anderson and Wm. Vanhorn, who, we are happy to hear, have been arrested and committed for trial.
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Philadelphia Inquirer-August 18, 1836-page 2-MURDER
A murder was committed on the evening of Friday last, the 12th inst. near the Rising Sun, under the following circumstances---"John Conrad Smith, a native of Germany, fifty-one years of age, had just finished his work for the day, and was returning home, when he was accosted by two men, who after some conversations, knocked him down and beat him so severely, that he died in a few hours. It is said that the deceased was a temperate man, and the father of a large family dependent upon his exertions for support.
The annexed is the verdict of the jury:--"We, the Jurors, after examining the body and hearing the testimony, believe his death was produced or caused by a blow or blows inflicted or given by William Vanhorn and John Anderson."
The supposed murderers are both in prison.
The following additional particulars are from the German Telegraph of yesterday:
An elderly German by the name of Conrad Smith, residing at Rising Sun, was returning home from his work at Nicetown, when he was met by two young men, by the name of Van Horne and Anderson, carpenters, who had been at a 'raising,' in the neighborhood, and who, as it appears, accosted him, and what in the act of shaking hands with him-a courtesy which they proffered, although Smith was unknown to them-he was struck a violent blow in the eye, by one of them, which brought him to the ground. It was not known how many times he was struck, or that he was struck more than one blow about the head, although one of his sides was considerably bruised. The old man not being able to rise, the perpetrators of this inhuman act carried him to the side of the road, where he was left, and returned to their home, a few steps off, apparently unconcerned about what they had done.
Smith was carried to his family, and after lingering in excruciating agony, until Sunday morning, he expired. An inquest was held by the Coroner, on Sunday, on which it was shown, from an examination of the head, that the blow had produced a concussion of the brain, and consequently caused death; and the verdict of the jury was in accordance with these facts.
Anderson and Van Horne were arrested on Saturday morning; and after an examination before Justice Warner, they were committed to Moyamensing prison to await their trail.
We understand that the former character of these young men has been good, and were generally respected by their acquaintance. One of them-Anderson-we partially know-he is of respectable parents, and as far as we know anything about him, is a harmless and rather intelligent young man.
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Philadelphia Inquirer-December 13, 1836
Reported to the Public Ledger-Court of Oyer and Terminer-Present Judges King and Randall, Monday, December 12, 1836. Commonwealth vs. Wm. Vanhorn and John Anderson, charged with the murder of John Conrad Smith.
The cause for the Commonwealth was opened by Charles J. Jack, Esq., who stated the charge he wished to prove to be this: the defendants did on the night of the 12th of August last, near the village of Nicetown, Philadelphia County, assail an aged German named John Smith, and by blows and other maltreatment, caused his death. He merely, for the sake of the supremacy of the laws, wished the prisoners convicted of murder in the second degree, as he would show that they had caused the death of the deceased by the blows inflicted upon his person by one or both of the defendants.
Dr. Wm. Bettle, sworn-On the evening of the 12th of August, about 9 o'clock, I was called to see John Conrad Smith. I found him to be a man of about 55 years of age, and laboring under the symptons of very serious injury of the brain. Nothing could be done for him; his powers had partly rallied; directed the women to do what I thought would be proper for him. Next morning word was brought to me that the man was dead. I made an examination after death; found the bone immediately behind the eye to be fractured, by, I suppose, a "counterblow;" brain lacerated; great ???? of blood. I believe the blow on the temple was the cause of his death; a blow with the fist might produce such a result. When the scalp was raised I found a great congestion of blood in the temporal muscle; found great difficulty in raising the cranium from the dura mater, caused by the fractured portions of the scull adhering to the dura mater. A blow applied at one point of the skull may fracture it at another point.
Cross Examined by C.J. Ja E.-Saw nothing unnatural in the appearance of the abdomen; saw nothing that could possibly be the cause of his death except the fracture of the skill.
By D. P. Brown, Esq.-The fracture was behind the right eye; the blow had been received upon the right temple; if a direct blow had caused the injury, the eye would have been mashed; the fracture was caused by a counter-blow; nothing could be done at my visited because nature was prostrated.
In answer to a question by the court. I saw no external injury either before or after the death.
John Emory, sworn-I saw this affair; it took place at Nicetown. Vanhorn was standing in the road, Smith came along; Vanhorn said 'how do you do?' Smith took hold of his hand and held it for some time; Vanhorn struck him, but I am not sure whether he hit him; Smith let go his hand and picked up a stone and threw it at Vanhorn, Anderson was sitting on the steps of the house; Smith was going to throw another stone, and Anderson said if he did he would hit him. He threw the stone but did not hit any one; he ran a little piece, then he turned around a little, and Anderson struck him and he fell and laid still. Anderson and Vanhorn lifted him up and laid him by the side of the road; he laid there 20 minutes; I got a wagon and took him home, he was not able to get out of the wagon; me and his wife helped him out. A day and two nights after that he died.
By the court.-When Smith turned round he did not attempt to strike; Anderson and him were not acquainted.
Cross examined by Brown.-It happened on Friday the 12th of August, between 6 and 7 o'clock in the evening; I was inside of the fence, near the road; the prisoners and I live in the home together; Vanhorn and Smith met together in a friendly way; Smith might have said something but I did not hear him; I am reather hard of hearing, Vanhorn had a sore hand; Anderson sat still till he saw Smith take up the second stone; the stone was about the size of an inkstand (about three inches in circumference.) Smith appeared to be in a rage. When first met by Vanhorn, Smith was towards the city; he ran across the road; he picked up two stones; Anderson was between Smith and Vanhorn; he ran between them; never heard of a quarrel between the parties; when Vanhorn struck at Smith his hand I think was open; I cannot infer that he did strike him; when I turned round, he partly faced Anderson; he didn't seem to strike him hard, nor do I think either of them intended to hurt him. I am near sighted and partly deaf; he struck him back of the ear; he fell forwards; it was on the edge of the turnpike, and he fell with his head down the hill; I was about 20 years off; though near sighted I can see that far.
By Dallas.-A good many stones stuck up where he fell; when he picked up the stones he had one in each hand; can't say that Vanhorn tried to get his hand loose; Vanhorn struck at him about the side; that was the only stroke Vanhorn made at him at any time; they both kindly picked the old man up; they didn't think him hurt until after they picked him up and found he couldn't speak; they didn't stamp on him; if Vanhorn had not dodged the stoner they would have struck him on the head; when the old man threw the stone, he said something, but I could not tell what it was; the sore on Vanhorn's hand was between the thumb and forefinger, I think on the right hand, the old man shook his hand very hard.
By Jack.-Smith turned to face Anderson after he was struck, he said something after he was sturck when they put him in the wagon, but I could not tell what it was.
The testimony of George Saunders and Charles Nunneweiler, merely went to corroborate the evidence given above.
Christian F. Smith, sworn-The man who was killed was my father; I saw him after he was brought home; if he was spoken to he could not answer; his right eye was so swelled that he could not see out of it, his temple was all swelled up and black and blue, and so was the back of his head; he was all black and blue along his heart, on his left hand his knuckles were black and blue and all swelled up; when we asked him where he was that day, he said he was in town.
Henry G. Smith, sworn-I did not see my father that evening; I was sent for the next day; when I came in about 10 o'clock, I saw my father in a fit of convulsions; when he was better I asked him who had beat him; I did not receive an answer; he had every ten minutes a fit of convulsions; I examined his body. (Description of appearance the same as the previous witness.)
(Francis G. Smith was recalled for the purpose of proving what was said by Emory on the evening of the attack in relation to the affair. The matter was ably argued by the counsel on both sides, and the court decided that the evidence was inadmissible.) NOTE: Since only Christian F. and Henry G. Smith were called it has to be one of them, not another person. Just a typo.
John Warner, Esq., sworn-I was acquainted with Smith; I saw him the morning after the transaction; I examined his body both before and after death, (appearance as described by preceding witnesses) the flesh behind the ear appeared beat to a jelly; think it impossible for a single blow to produce such an appearance; don't know hoe it was done; I arrested the defendants, when they were arrested they did not think it possible that what they did to Smith could cause his death; I arrested them in consequence of the appearance of the body I was under the impression that he had hurt his hand by the fall; pressed his hand to his side and he seemed to care nothing about hurt in the hand. Vanhorn said Smith had hurt his hand; he had a small sore on his hand; I think it was the right hand.
Mr. Nunneweiler, recalled.-Didn't see any mark about Smith when he left my house; did not complain to me that afternoon of being injured; when I got up with the wagon, it was too dark to see whether he was bruised or not; his face was covered with dirt; his eye appeared to be swelled; saw Emory there; can't say whether he was sober or not.
(Here the examination for the Commonwealth was closed.)
Several respectable witnesses were examined, who testified to the good character and peaceable conduct of the defendants, and after the case being argued by the different counsel, it was submitted to the jury, who after an absence of half an hour, and not agreeing, the court adj. till to-morrow.
Counsel for the Commonwealth, C.J. Jack, Esq., for the defendants, George M. Dallas, and St. Geo. T. Campbell, Esqs. for Vanhorn, and David Paul Brown and Samuel Brasheirs, Esqs., for Anderson.
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Philadelphia Inquirer-December 15, 1836-Trial For Murder
The trial of John Anderson and William Vanhorn, who were indicted for the murder of John Smith, took place on Monday, in the Court of Oyer and Terminer, before Judges King, Randall and Jones. At half past ten o'clock, yesterday forenoon, the jury, who had been out all the preceding night, returned into Court, and stated that there was no probability that they should be able to agree on a verdict, and requested to be discharged. The Court stated that a discharge would be tantamount to an acquittal, and that their request could not be granted. Judge King made some explanatory remarks, and the jury again retired. At a quarter before twelve they returned with verdicts of guilty of manslaughter against both defendants, and unanimously recommended them to the mercy of the Court.--Neither of the prisoners appear to be over twenty years of age. The Attorney General, James Todd, Esq., and C.J. Jack, Esq. appeared as counsel for the Commonwealth; David Paul Brown, and Samuel Brashears, Esquires, for John Anderson, and G. M. Dallas, and St. George T. Campbell, Esqrs., for William Vanhorn.-American Sentinel.
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Public Ledger-April 20, 1837
(Reported for the Public Ledger.) Court of Oyer and Terminer. Before Judges King and Jones.
Commonwealth vs. John Anderson and James (sic) Vanhorn.-Both these defendants were tried in the last session of this court, and convicted of the manslaughter of John Conrad Smith, on the 13th day of August, 1836. Motion for a new trial, after being fully argued, was sustained by the court, and the defendants have since been at large, having entered bail. Mr. Todd opened the case, commenting at length on the constitution of the different offenses of the murder in the second degree, voluntary and involuntary manslaughter, quoting authorities.
Witnesses for the prosecution were then called. (As this case has been reported in detail, it is unnecessary to give it again in like manner, but it may be stated that the evidence did not materially differ from that which was given at the last, or rather first trial.)
He was born in Heimerdingen, Neckarkries, Wurttemberg, Germany, a son of Johann Conrad Schmid and Catharina Margaretha Supper.
He first married Maria Judith Casper on July 24, 1810, in Heimerdingen. Maria was the daughter of Rudolph Samuel Casper and Eva Judith Schwarz. They had three childre who were all born and died in Heimerdingen. A boy born and died on April 26, 1811, Johann Friedrich born on October 2, 1812, and a girl born and died on September 23, 1813.
On January 19, 1817, he married Maria Katharina Margaretha Kusterer in Heimerdingen.
He, his wife and 8 children immigrated on July 9, 1831, sailing from Villa De Harve to Philadelphia, Pennsylvania. Last name changed to Smith sometime after he moved to America.
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Public Ledger-August 18, 1836-Another Brutal Murder
We have had hardly time to consign the mangled corse of the unfortuante Clark to its resting place ere it becomes our painful duty to record the inhuman murder of John Conrad Smith, who was bruised to death on Friday last, as it is alleged, by John Anderson and Wm. Van Horn, on the Germantown road, between the Rising Sun village and the village of Nicetown, about four miles from the city. He was rudely accosted in the street by Anderson and Van Horn, as he was peaceably returning to his family from the labors of the day, knocked down by a blow to the head, kicked and beat while lying on the ground senseless from the blow, until the fiend-like wretches had satiated their thirst for blood, when they dragged his mangled and almost lifeless body some distance from the spot and rolled it into a ditch, where it was found the same evening and conveyed home. Medical aid proved unavailing, and after lingering in its mutilated tenement until Sunday morning, the vital spark fled. Smith was a native of Germany, about 51 years of age, a temperate, industrious, and inoffensive man, with a wife and family of eight children, who were dependant on his daily labor for support. An inquest was held on the boy by Esq. Warner, and the jury returned a verdict that Smith came to his death by blows inflicted by John Anderson and Wm. Vanhorn, who, we are happy to hear, have been arrested and committed for trial.
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Philadelphia Inquirer-August 18, 1836-page 2-MURDER
A murder was committed on the evening of Friday last, the 12th inst. near the Rising Sun, under the following circumstances---"John Conrad Smith, a native of Germany, fifty-one years of age, had just finished his work for the day, and was returning home, when he was accosted by two men, who after some conversations, knocked him down and beat him so severely, that he died in a few hours. It is said that the deceased was a temperate man, and the father of a large family dependent upon his exertions for support.
The annexed is the verdict of the jury:--"We, the Jurors, after examining the body and hearing the testimony, believe his death was produced or caused by a blow or blows inflicted or given by William Vanhorn and John Anderson."
The supposed murderers are both in prison.
The following additional particulars are from the German Telegraph of yesterday:
An elderly German by the name of Conrad Smith, residing at Rising Sun, was returning home from his work at Nicetown, when he was met by two young men, by the name of Van Horne and Anderson, carpenters, who had been at a 'raising,' in the neighborhood, and who, as it appears, accosted him, and what in the act of shaking hands with him-a courtesy which they proffered, although Smith was unknown to them-he was struck a violent blow in the eye, by one of them, which brought him to the ground. It was not known how many times he was struck, or that he was struck more than one blow about the head, although one of his sides was considerably bruised. The old man not being able to rise, the perpetrators of this inhuman act carried him to the side of the road, where he was left, and returned to their home, a few steps off, apparently unconcerned about what they had done.
Smith was carried to his family, and after lingering in excruciating agony, until Sunday morning, he expired. An inquest was held by the Coroner, on Sunday, on which it was shown, from an examination of the head, that the blow had produced a concussion of the brain, and consequently caused death; and the verdict of the jury was in accordance with these facts.
Anderson and Van Horne were arrested on Saturday morning; and after an examination before Justice Warner, they were committed to Moyamensing prison to await their trail.
We understand that the former character of these young men has been good, and were generally respected by their acquaintance. One of them-Anderson-we partially know-he is of respectable parents, and as far as we know anything about him, is a harmless and rather intelligent young man.
---
Philadelphia Inquirer-December 13, 1836
Reported to the Public Ledger-Court of Oyer and Terminer-Present Judges King and Randall, Monday, December 12, 1836. Commonwealth vs. Wm. Vanhorn and John Anderson, charged with the murder of John Conrad Smith.
The cause for the Commonwealth was opened by Charles J. Jack, Esq., who stated the charge he wished to prove to be this: the defendants did on the night of the 12th of August last, near the village of Nicetown, Philadelphia County, assail an aged German named John Smith, and by blows and other maltreatment, caused his death. He merely, for the sake of the supremacy of the laws, wished the prisoners convicted of murder in the second degree, as he would show that they had caused the death of the deceased by the blows inflicted upon his person by one or both of the defendants.
Dr. Wm. Bettle, sworn-On the evening of the 12th of August, about 9 o'clock, I was called to see John Conrad Smith. I found him to be a man of about 55 years of age, and laboring under the symptons of very serious injury of the brain. Nothing could be done for him; his powers had partly rallied; directed the women to do what I thought would be proper for him. Next morning word was brought to me that the man was dead. I made an examination after death; found the bone immediately behind the eye to be fractured, by, I suppose, a "counterblow;" brain lacerated; great ???? of blood. I believe the blow on the temple was the cause of his death; a blow with the fist might produce such a result. When the scalp was raised I found a great congestion of blood in the temporal muscle; found great difficulty in raising the cranium from the dura mater, caused by the fractured portions of the scull adhering to the dura mater. A blow applied at one point of the skull may fracture it at another point.
Cross Examined by C.J. Ja E.-Saw nothing unnatural in the appearance of the abdomen; saw nothing that could possibly be the cause of his death except the fracture of the skill.
By D. P. Brown, Esq.-The fracture was behind the right eye; the blow had been received upon the right temple; if a direct blow had caused the injury, the eye would have been mashed; the fracture was caused by a counter-blow; nothing could be done at my visited because nature was prostrated.
In answer to a question by the court. I saw no external injury either before or after the death.
John Emory, sworn-I saw this affair; it took place at Nicetown. Vanhorn was standing in the road, Smith came along; Vanhorn said 'how do you do?' Smith took hold of his hand and held it for some time; Vanhorn struck him, but I am not sure whether he hit him; Smith let go his hand and picked up a stone and threw it at Vanhorn, Anderson was sitting on the steps of the house; Smith was going to throw another stone, and Anderson said if he did he would hit him. He threw the stone but did not hit any one; he ran a little piece, then he turned around a little, and Anderson struck him and he fell and laid still. Anderson and Vanhorn lifted him up and laid him by the side of the road; he laid there 20 minutes; I got a wagon and took him home, he was not able to get out of the wagon; me and his wife helped him out. A day and two nights after that he died.
By the court.-When Smith turned round he did not attempt to strike; Anderson and him were not acquainted.
Cross examined by Brown.-It happened on Friday the 12th of August, between 6 and 7 o'clock in the evening; I was inside of the fence, near the road; the prisoners and I live in the home together; Vanhorn and Smith met together in a friendly way; Smith might have said something but I did not hear him; I am reather hard of hearing, Vanhorn had a sore hand; Anderson sat still till he saw Smith take up the second stone; the stone was about the size of an inkstand (about three inches in circumference.) Smith appeared to be in a rage. When first met by Vanhorn, Smith was towards the city; he ran across the road; he picked up two stones; Anderson was between Smith and Vanhorn; he ran between them; never heard of a quarrel between the parties; when Vanhorn struck at Smith his hand I think was open; I cannot infer that he did strike him; when I turned round, he partly faced Anderson; he didn't seem to strike him hard, nor do I think either of them intended to hurt him. I am near sighted and partly deaf; he struck him back of the ear; he fell forwards; it was on the edge of the turnpike, and he fell with his head down the hill; I was about 20 years off; though near sighted I can see that far.
By Dallas.-A good many stones stuck up where he fell; when he picked up the stones he had one in each hand; can't say that Vanhorn tried to get his hand loose; Vanhorn struck at him about the side; that was the only stroke Vanhorn made at him at any time; they both kindly picked the old man up; they didn't think him hurt until after they picked him up and found he couldn't speak; they didn't stamp on him; if Vanhorn had not dodged the stoner they would have struck him on the head; when the old man threw the stone, he said something, but I could not tell what it was; the sore on Vanhorn's hand was between the thumb and forefinger, I think on the right hand, the old man shook his hand very hard.
By Jack.-Smith turned to face Anderson after he was struck, he said something after he was sturck when they put him in the wagon, but I could not tell what it was.
The testimony of George Saunders and Charles Nunneweiler, merely went to corroborate the evidence given above.
Christian F. Smith, sworn-The man who was killed was my father; I saw him after he was brought home; if he was spoken to he could not answer; his right eye was so swelled that he could not see out of it, his temple was all swelled up and black and blue, and so was the back of his head; he was all black and blue along his heart, on his left hand his knuckles were black and blue and all swelled up; when we asked him where he was that day, he said he was in town.
Henry G. Smith, sworn-I did not see my father that evening; I was sent for the next day; when I came in about 10 o'clock, I saw my father in a fit of convulsions; when he was better I asked him who had beat him; I did not receive an answer; he had every ten minutes a fit of convulsions; I examined his body. (Description of appearance the same as the previous witness.)
(Francis G. Smith was recalled for the purpose of proving what was said by Emory on the evening of the attack in relation to the affair. The matter was ably argued by the counsel on both sides, and the court decided that the evidence was inadmissible.) NOTE: Since only Christian F. and Henry G. Smith were called it has to be one of them, not another person. Just a typo.
John Warner, Esq., sworn-I was acquainted with Smith; I saw him the morning after the transaction; I examined his body both before and after death, (appearance as described by preceding witnesses) the flesh behind the ear appeared beat to a jelly; think it impossible for a single blow to produce such an appearance; don't know hoe it was done; I arrested the defendants, when they were arrested they did not think it possible that what they did to Smith could cause his death; I arrested them in consequence of the appearance of the body I was under the impression that he had hurt his hand by the fall; pressed his hand to his side and he seemed to care nothing about hurt in the hand. Vanhorn said Smith had hurt his hand; he had a small sore on his hand; I think it was the right hand.
Mr. Nunneweiler, recalled.-Didn't see any mark about Smith when he left my house; did not complain to me that afternoon of being injured; when I got up with the wagon, it was too dark to see whether he was bruised or not; his face was covered with dirt; his eye appeared to be swelled; saw Emory there; can't say whether he was sober or not.
(Here the examination for the Commonwealth was closed.)
Several respectable witnesses were examined, who testified to the good character and peaceable conduct of the defendants, and after the case being argued by the different counsel, it was submitted to the jury, who after an absence of half an hour, and not agreeing, the court adj. till to-morrow.
Counsel for the Commonwealth, C.J. Jack, Esq., for the defendants, George M. Dallas, and St. Geo. T. Campbell, Esqs. for Vanhorn, and David Paul Brown and Samuel Brasheirs, Esqs., for Anderson.
---
Philadelphia Inquirer-December 15, 1836-Trial For Murder
The trial of John Anderson and William Vanhorn, who were indicted for the murder of John Smith, took place on Monday, in the Court of Oyer and Terminer, before Judges King, Randall and Jones. At half past ten o'clock, yesterday forenoon, the jury, who had been out all the preceding night, returned into Court, and stated that there was no probability that they should be able to agree on a verdict, and requested to be discharged. The Court stated that a discharge would be tantamount to an acquittal, and that their request could not be granted. Judge King made some explanatory remarks, and the jury again retired. At a quarter before twelve they returned with verdicts of guilty of manslaughter against both defendants, and unanimously recommended them to the mercy of the Court.--Neither of the prisoners appear to be over twenty years of age. The Attorney General, James Todd, Esq., and C.J. Jack, Esq. appeared as counsel for the Commonwealth; David Paul Brown, and Samuel Brashears, Esquires, for John Anderson, and G. M. Dallas, and St. George T. Campbell, Esqrs., for William Vanhorn.-American Sentinel.
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Public Ledger-April 20, 1837
(Reported for the Public Ledger.) Court of Oyer and Terminer. Before Judges King and Jones.
Commonwealth vs. John Anderson and James (sic) Vanhorn.-Both these defendants were tried in the last session of this court, and convicted of the manslaughter of John Conrad Smith, on the 13th day of August, 1836. Motion for a new trial, after being fully argued, was sustained by the court, and the defendants have since been at large, having entered bail. Mr. Todd opened the case, commenting at length on the constitution of the different offenses of the murder in the second degree, voluntary and involuntary manslaughter, quoting authorities.
Witnesses for the prosecution were then called. (As this case has been reported in detail, it is unnecessary to give it again in like manner, but it may be stated that the evidence did not materially differ from that which was given at the last, or rather first trial.)
He first married Maria Judith Casper on July 24, 1810, in Heimerdingen. Maria was the daughter of Rudolph Samuel Casper and Eva Judith Schwarz. They had three childre who were all born and died in Heimerdingen. A boy born and died on April 26, 1811, Johann Friedrich born on October 2, 1812, and a girl born and died on September 23, 1813.
On January 19, 1817, he married Maria Katharina Margaretha Kusterer in Heimerdingen.
He, his wife and 8 children immigrated on July 9, 1831, sailing from Villa De Harve to Philadelphia, Pennsylvania. Last name changed to Smith sometime after he moved to America.
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Public Ledger-August 18, 1836-Another Brutal Murder
We have had hardly time to consign the mangled corse of the unfortuante Clark to its resting place ere it becomes our painful duty to record the inhuman murder of John Conrad Smith, who was bruised to death on Friday last, as it is alleged, by John Anderson and Wm. Van Horn, on the Germantown road, between the Rising Sun village and the village of Nicetown, about four miles from the city. He was rudely accosted in the street by Anderson and Van Horn, as he was peaceably returning to his family from the labors of the day, knocked down by a blow to the head, kicked and beat while lying on the ground senseless from the blow, until the fiend-like wretches had satiated their thirst for blood, when they dragged his mangled and almost lifeless body some distance from the spot and rolled it into a ditch, where it was found the same evening and conveyed home. Medical aid proved unavailing, and after lingering in its mutilated tenement until Sunday morning, the vital spark fled. Smith was a native of Germany, about 51 years of age, a temperate, industrious, and inoffensive man, with a wife and family of eight children, who were dependant on his daily labor for support. An inquest was held on the boy by Esq. Warner, and the jury returned a verdict that Smith came to his death by blows inflicted by John Anderson and Wm. Vanhorn, who, we are happy to hear, have been arrested and committed for trial.
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Philadelphia Inquirer-August 18, 1836-page 2-MURDER
A murder was committed on the evening of Friday last, the 12th inst. near the Rising Sun, under the following circumstances---"John Conrad Smith, a native of Germany, fifty-one years of age, had just finished his work for the day, and was returning home, when he was accosted by two men, who after some conversations, knocked him down and beat him so severely, that he died in a few hours. It is said that the deceased was a temperate man, and the father of a large family dependent upon his exertions for support.
The annexed is the verdict of the jury:--"We, the Jurors, after examining the body and hearing the testimony, believe his death was produced or caused by a blow or blows inflicted or given by William Vanhorn and John Anderson."
The supposed murderers are both in prison.
The following additional particulars are from the German Telegraph of yesterday:
An elderly German by the name of Conrad Smith, residing at Rising Sun, was returning home from his work at Nicetown, when he was met by two young men, by the name of Van Horne and Anderson, carpenters, who had been at a 'raising,' in the neighborhood, and who, as it appears, accosted him, and what in the act of shaking hands with him-a courtesy which they proffered, although Smith was unknown to them-he was struck a violent blow in the eye, by one of them, which brought him to the ground. It was not known how many times he was struck, or that he was struck more than one blow about the head, although one of his sides was considerably bruised. The old man not being able to rise, the perpetrators of this inhuman act carried him to the side of the road, where he was left, and returned to their home, a few steps off, apparently unconcerned about what they had done.
Smith was carried to his family, and after lingering in excruciating agony, until Sunday morning, he expired. An inquest was held by the Coroner, on Sunday, on which it was shown, from an examination of the head, that the blow had produced a concussion of the brain, and consequently caused death; and the verdict of the jury was in accordance with these facts.
Anderson and Van Horne were arrested on Saturday morning; and after an examination before Justice Warner, they were committed to Moyamensing prison to await their trail.
We understand that the former character of these young men has been good, and were generally respected by their acquaintance. One of them-Anderson-we partially know-he is of respectable parents, and as far as we know anything about him, is a harmless and rather intelligent young man.
---
Philadelphia Inquirer-December 13, 1836
Reported to the Public Ledger-Court of Oyer and Terminer-Present Judges King and Randall, Monday, December 12, 1836. Commonwealth vs. Wm. Vanhorn and John Anderson, charged with the murder of John Conrad Smith.
The cause for the Commonwealth was opened by Charles J. Jack, Esq., who stated the charge he wished to prove to be this: the defendants did on the night of the 12th of August last, near the village of Nicetown, Philadelphia County, assail an aged German named John Smith, and by blows and other maltreatment, caused his death. He merely, for the sake of the supremacy of the laws, wished the prisoners convicted of murder in the second degree, as he would show that they had caused the death of the deceased by the blows inflicted upon his person by one or both of the defendants.
Dr. Wm. Bettle, sworn-On the evening of the 12th of August, about 9 o'clock, I was called to see John Conrad Smith. I found him to be a man of about 55 years of age, and laboring under the symptons of very serious injury of the brain. Nothing could be done for him; his powers had partly rallied; directed the women to do what I thought would be proper for him. Next morning word was brought to me that the man was dead. I made an examination after death; found the bone immediately behind the eye to be fractured, by, I suppose, a "counterblow;" brain lacerated; great ???? of blood. I believe the blow on the temple was the cause of his death; a blow with the fist might produce such a result. When the scalp was raised I found a great congestion of blood in the temporal muscle; found great difficulty in raising the cranium from the dura mater, caused by the fractured portions of the scull adhering to the dura mater. A blow applied at one point of the skull may fracture it at another point.
Cross Examined by C.J. Ja E.-Saw nothing unnatural in the appearance of the abdomen; saw nothing that could possibly be the cause of his death except the fracture of the skill.
By D. P. Brown, Esq.-The fracture was behind the right eye; the blow had been received upon the right temple; if a direct blow had caused the injury, the eye would have been mashed; the fracture was caused by a counter-blow; nothing could be done at my visited because nature was prostrated.
In answer to a question by the court. I saw no external injury either before or after the death.
John Emory, sworn-I saw this affair; it took place at Nicetown. Vanhorn was standing in the road, Smith came along; Vanhorn said 'how do you do?' Smith took hold of his hand and held it for some time; Vanhorn struck him, but I am not sure whether he hit him; Smith let go his hand and picked up a stone and threw it at Vanhorn, Anderson was sitting on the steps of the house; Smith was going to throw another stone, and Anderson said if he did he would hit him. He threw the stone but did not hit any one; he ran a little piece, then he turned around a little, and Anderson struck him and he fell and laid still. Anderson and Vanhorn lifted him up and laid him by the side of the road; he laid there 20 minutes; I got a wagon and took him home, he was not able to get out of the wagon; me and his wife helped him out. A day and two nights after that he died.
By the court.-When Smith turned round he did not attempt to strike; Anderson and him were not acquainted.
Cross examined by Brown.-It happened on Friday the 12th of August, between 6 and 7 o'clock in the evening; I was inside of the fence, near the road; the prisoners and I live in the home together; Vanhorn and Smith met together in a friendly way; Smith might have said something but I did not hear him; I am reather hard of hearing, Vanhorn had a sore hand; Anderson sat still till he saw Smith take up the second stone; the stone was about the size of an inkstand (about three inches in circumference.) Smith appeared to be in a rage. When first met by Vanhorn, Smith was towards the city; he ran across the road; he picked up two stones; Anderson was between Smith and Vanhorn; he ran between them; never heard of a quarrel between the parties; when Vanhorn struck at Smith his hand I think was open; I cannot infer that he did strike him; when I turned round, he partly faced Anderson; he didn't seem to strike him hard, nor do I think either of them intended to hurt him. I am near sighted and partly deaf; he struck him back of the ear; he fell forwards; it was on the edge of the turnpike, and he fell with his head down the hill; I was about 20 years off; though near sighted I can see that far.
By Dallas.-A good many stones stuck up where he fell; when he picked up the stones he had one in each hand; can't say that Vanhorn tried to get his hand loose; Vanhorn struck at him about the side; that was the only stroke Vanhorn made at him at any time; they both kindly picked the old man up; they didn't think him hurt until after they picked him up and found he couldn't speak; they didn't stamp on him; if Vanhorn had not dodged the stoner they would have struck him on the head; when the old man threw the stone, he said something, but I could not tell what it was; the sore on Vanhorn's hand was between the thumb and forefinger, I think on the right hand, the old man shook his hand very hard.
By Jack.-Smith turned to face Anderson after he was struck, he said something after he was sturck when they put him in the wagon, but I could not tell what it was.
The testimony of George Saunders and Charles Nunneweiler, merely went to corroborate the evidence given above.
Christian F. Smith, sworn-The man who was killed was my father; I saw him after he was brought home; if he was spoken to he could not answer; his right eye was so swelled that he could not see out of it, his temple was all swelled up and black and blue, and so was the back of his head; he was all black and blue along his heart, on his left hand his knuckles were black and blue and all swelled up; when we asked him where he was that day, he said he was in town.
Henry G. Smith, sworn-I did not see my father that evening; I was sent for the next day; when I came in about 10 o'clock, I saw my father in a fit of convulsions; when he was better I asked him who had beat him; I did not receive an answer; he had every ten minutes a fit of convulsions; I examined his body. (Description of appearance the same as the previous witness.)
(Francis G. Smith was recalled for the purpose of proving what was said by Emory on the evening of the attack in relation to the affair. The matter was ably argued by the counsel on both sides, and the court decided that the evidence was inadmissible.) NOTE: Since only Christian F. and Henry G. Smith were called it has to be one of them, not another person. Just a typo.
John Warner, Esq., sworn-I was acquainted with Smith; I saw him the morning after the transaction; I examined his body both before and after death, (appearance as described by preceding witnesses) the flesh behind the ear appeared beat to a jelly; think it impossible for a single blow to produce such an appearance; don't know hoe it was done; I arrested the defendants, when they were arrested they did not think it possible that what they did to Smith could cause his death; I arrested them in consequence of the appearance of the body I was under the impression that he had hurt his hand by the fall; pressed his hand to his side and he seemed to care nothing about hurt in the hand. Vanhorn said Smith had hurt his hand; he had a small sore on his hand; I think it was the right hand.
Mr. Nunneweiler, recalled.-Didn't see any mark about Smith when he left my house; did not complain to me that afternoon of being injured; when I got up with the wagon, it was too dark to see whether he was bruised or not; his face was covered with dirt; his eye appeared to be swelled; saw Emory there; can't say whether he was sober or not.
(Here the examination for the Commonwealth was closed.)
Several respectable witnesses were examined, who testified to the good character and peaceable conduct of the defendants, and after the case being argued by the different counsel, it was submitted to the jury, who after an absence of half an hour, and not agreeing, the court adj. till to-morrow.
Counsel for the Commonwealth, C.J. Jack, Esq., for the defendants, George M. Dallas, and St. Geo. T. Campbell, Esqs. for Vanhorn, and David Paul Brown and Samuel Brasheirs, Esqs., for Anderson.
---
Philadelphia Inquirer-December 15, 1836-Trial For Murder
The trial of John Anderson and William Vanhorn, who were indicted for the murder of John Smith, took place on Monday, in the Court of Oyer and Terminer, before Judges King, Randall and Jones. At half past ten o'clock, yesterday forenoon, the jury, who had been out all the preceding night, returned into Court, and stated that there was no probability that they should be able to agree on a verdict, and requested to be discharged. The Court stated that a discharge would be tantamount to an acquittal, and that their request could not be granted. Judge King made some explanatory remarks, and the jury again retired. At a quarter before twelve they returned with verdicts of guilty of manslaughter against both defendants, and unanimously recommended them to the mercy of the Court.--Neither of the prisoners appear to be over twenty years of age. The Attorney General, James Todd, Esq., and C.J. Jack, Esq. appeared as counsel for the Commonwealth; David Paul Brown, and Samuel Brashears, Esquires, for John Anderson, and G. M. Dallas, and St. George T. Campbell, Esqrs., for William Vanhorn.-American Sentinel.
---
Public Ledger-April 20, 1837
(Reported for the Public Ledger.) Court of Oyer and Terminer. Before Judges King and Jones.
Commonwealth vs. John Anderson and James (sic) Vanhorn.-Both these defendants were tried in the last session of this court, and convicted of the manslaughter of John Conrad Smith, on the 13th day of August, 1836. Motion for a new trial, after being fully argued, was sustained by the court, and the defendants have since been at large, having entered bail. Mr. Todd opened the case, commenting at length on the constitution of the different offenses of the murder in the second degree, voluntary and involuntary manslaughter, quoting authorities.
Witnesses for the prosecution were then called. (As this case has been reported in detail, it is unnecessary to give it again in like manner, but it may be stated that the evidence did not materially differ from that which was given at the last, or rather first trial.)
Family Members
Children
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Henry Godlieb Smith
1817–1858
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MAJ John Conrad Schmidt
1819–1885
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Christian Frederick Smith
1820–1904
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Karolina Phillippina "Jeama" Smith Wieland
1822–1899
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Male Schmid
1823–1823
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CPL William Smith
1824–1898
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Catharina Magdalena Smith Eberth
1826–1903
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Carl Friderich Schmid
1827 – unknown
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Christiana Margaretha Schmid
1828 – unknown
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Carl Friderich Schmid
1830 – unknown
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Anna Maria "Mary" Smith Schick
1833–1892
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Joseph Benjamin Smith Sr
1835–1910
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