In the 1840s in Virginia (and future West Virginia) and Maryland are up to 7 different James Smith (see earlier posts). And as noted in the 3rd posting, one individual in Frederick County, Maryland was a promising lead. In the column of “why” are the following factors: (1) he lived 20 miles to the east of Harper’s Ferry, (2) he was Catholic, (3) he likely knew Father McElroy as McElroy was the Frederick, MD priest for nearly two decades (also, the priest whom Mary said introduced her to James at St. Mary’s Church in Boston) and (4) James’ father, Peter, emancipated an enslaved woman, Maria, and her (also likely his) daughters (Sarah and Margaret) upon his death. Peter died in 1848 and the son James, in 1849. These dates also fit Mary’s story. So close and so promising but a later court record has darkened the prospect. The Equity Court Abstract shows James Smith had seven living children, not one of them named Emma and his daughter Mary Elizabeth is too old to be MEP’s daughter Lizzie Jones Smith. Also the value of the land bequested (see below) to James from his father was no where near what MEP was said to have gained from James’ estate (figures fluctuate between $15-45,000). A promising but at this juncture, unlikely lead. Link
WBT-4, 607-614 - SMITH, ETZLER, KEITH, ALBAUGH, WALKER, SLAVES, BUSSARD, RIPPON - Jul 1850 William W. WALKER & wife vs John Henry SMITH & Others Peter SMITH d/ 1848 (Will 15 Oct 1846) d/ Harriet SMITH w/o Daniel ETSHELER (ETZLER) .....Daniel ETZLER, Jr. .....Catharine ETZLER w/o Jacob KEATH/KEITH .....William ETZLER .....Mary ETZLER w/o David ALBAUGH .....Malakiah ETZLER .....Hezekiah ETZLER .....Nathaniel ETZLER .....George ETZLER .....Lydia ETZLER .....Harriet ETZLER s/ James SMITH d/ 1849 .....Mary Elizabeth w/o William W. WALKER .....John Henry SMITH .....Joshua Peter SMITH .....James William SMITH .....Charles Abner SMITH, a minor .....Basil SMITH, a minor .....Lavinia SMITH, a minor SLAVES - negro woman Maria BUSSARD; she was to be freed; he also gave her the house where he had lived that formerly was a blacksmith shop with one acre of ground, this in gratitude of her taking care of him. She was to have a life estate and, upon her death, to go to her children, Sarah and Margaret (who were to serve their mother until the age of 16 and then to be free); then, upon their deaths, property to go to the children of Peter's daughter, Harriet. Executor was his son who died before finishing the administration of his father's estate; William W. WALKER was James' administrator. Witnesses: John SMITH, Thomas SAPPINGTON, William EEVERS Land - on the north side of road from Fredericktown to Libertytown (devised to d/ Harriet and upon her death, to her children); on the south side of road from Fredericktown to Libertytown (devised to s/ James and upon his death, to his children); Guardian was J. P. HARDING; testimony was heard from Henry NELSON and Daniel ROOT. Trustee was William W. WALKER; on 12 Mar 1851, sale was held, high bidders were: - John T. RIPPON for 56+ acres on the north side at $351.14 - John T. RIPPON for 41+ acres on the south side at $67.40 Total sales, $518.54. Distribution of $137.19 (after costs & debts): - James SMITH's administrator, W. W. WALKER, $42.67 - Each of Harriet Smith Etzler's children, $8.95 Closed 16 Jul 1852.