Victoria C Smith

1838 - 1899  (60 years)

• Name	Victoria C Smith  [1, 2, 3]
  Birth	2 Sep 1838	, Pittsylvania, Virginia, USA   [1, 2, 3]
  Gender	Female
  Residence	1860	, Pittsylvania, Virginia, USA   [3]
  Residence	1870	, Pittsylvania, Virginia, USA   [2]
  Residence	1880	Danville, Independent Cities, Virginia, USA   [1]
  Death	27 Aug 1899	Timmonsville, Florence, South Carolina, USA
  Person ID	I14213	Master
  Last Modified	6 Oct 2019

  
  

  Father	Albert G Smith,   b. 18 Jan 1806, , Lunenburg, Virginia, USA d. 12 May 1851, , Pittsylvania, Virginia, USA (Age 45 years)
  Mother	Mary Ann Witcher,   b. 1815, , Pittsylvania, Virginia, USA d. 1875, , Pittsylvania, Virginia, USA (Age 60 years)
  Family ID	F3813	Group Sheet  |  Family Chart

  
  

  Family 1	Samuel Southard Berger,   b. 29 Oct 1845, , Pittsylvania, Virginia, USA d. 21 Feb 1929, Timmonsville, Florence, South Carolina, USA (Age 83 years)
  Children	1. Mary Victoria Berger,   b. 1868   2. Mary W Berger,   b. Abt 1869, , , Virginia, USA   3. Jacob William Berger,   b. 27 Mar 1872, , , Virginia, USA d. 5 Mar 1942, Timmonsville, Florence, South Carolina, USA (Age 69 years)   4. Catherine Berger,   b. 1875   5. Kate Berger,   b. May 1878, , , Virginia, USA
  Family ID	F3815	Group Sheet  |  Family Chart

  
  

  Family 2	James Reid Clement,   b. 27 Jan 1831, , Franklin, Virginia, USA d. 25 Feb 1860, , Franklin, Virginia, USA (Age 29 years)
  Marriage	13 May 1858	, Pittsylvania, Virginia, USA
  Children	1. Lelia Maude Clement,   b. 1 Mar 1859, , Franklin, Virginia, USA d. 4 Feb 1933, Reidsville, Rockingham, North Carolina, USA (Age 73 years)
  Family ID	F3814	Group Sheet  |  Family Chart

  
  

• Event Map		Birth - 2 Sep 1838 - , Pittsylvania, Virginia, USA Marriage - 13 May 1858 - , Pittsylvania, Virginia, USA Residence - 1860 - , Pittsylvania, Virginia, USA Residence - 1870 - , Pittsylvania, Virginia, USA Residence - 1880 - Danville, Independent Cities, Virginia, USA Death - 27 Aug 1899 - Timmonsville, Florence, South Carolina, USA  = Link to Google Earth
  Pin Legend	: Address       : Location       : City/Town       : County/Shire       : State/Province       : Country       : Not Set

  
  

• Notes

  Birth: Sep. 2, 1838 Pittsylvania County Virginia, USA Death: Aug. 27, 1899 Timmonsville Florence County South Carolina, USA Wife of Samuel Southard Berger; Daughter of Albert and Mary Ann Witcher Smith; widow of James Reid Clement who was killed in the Witcher-Clement feud on February 26, 1860, Dickenson Store, Henry County, Virginia, by Victoria's grandfather Captain Vincent Witcher. The Tragedy in Henry County Virginia The usually quiet and law abiding people of the county of Henry have been intensley excited for the past three or four days in consequence of a terrible tragedy - or rather triple tragedy - that was enacted in their midst on Saturday last. The particulars reached us last evening through a source entirely reliable. the details, although not as full as we shall doubtless be enabled to give at an early day, are sufficient to cause a thrill of horror at their mere recital. It appears, according to the version given us, that some years since, a granddaughter of the venerable and talented Vincent Witcher, Esq., of Pittsylvania County, married a gentlemen from the adjoining county of Henry, whose name was Clemmens. His Christian name we have been unable to ascertain. The maiden name of Mr. Witcher's grandaughter was (Victoria C.) Smith. The parties lived happily together until about eighteen months since, when upon the most unfounded suspicions, as we have been informed, Mr. Clemmons desired a separation from his wife, and immediately instituted proceedings for divorce, at the same time impeaching her honor as the grounds for his course. (Comment: She had a baby girl in c. 1858). Last Saturday was set apart for the taking of depositions, and the parties met at a magisterial precinct in Henry county (Dickensons Store). Mr. Witcher appeared to defend the suit and protect the honor of his granddaughter. The taking of the depositions progressed, and after the plaintiff had finished with a witness, Mr. Witcher asked a question, which greatly exasperated the husband, Mr. (James Reid Clement) Clemmens. He immediately rose, drawing a pistol at the same time, and fired at Mr. Witcher. Mr. Witcher, it seems, also rose and drew a pistol from his pocket and as the ball of his antagonist grazed around the abdomen, he fired, striking Clemmens in the forehead and killing him instantly. A nephew of Mr. Witcher (Samuel Swanson), and a Mr. Smith (John Anthony Smith), brother of Mrs. Clemmens hearing the firing rushed into the room. A brother of Mr. Clemmens (Charles Johnson Clement), who had also been attracted by the pistol reports, fired at a nephew (Samuel Swanson) of Mr. Witcher, the ball taking effect and producing, it is feared, a fatal wound. Upon seeing his nephew shot, Mr. Vincent Witcher again fired, striking Clemmens No. 2, and killing him instantly. At this stage of the sanguinary affair, Mr. Smith, a brother of Mrs. Clemmens drew a Bowie knife, but had scarcely unsheathed the blade when he was fired upon by a second brother of Clemmens (Ralph Alexander Clement), the ball taking effect in the shoulder and producing a painful wound. Infuriated by his wound, Mr. Smith rushed upon his antagonist, and with one powerful thrust of the knife completely disemboweled Clemmens No. 3, the unfortunate man falling dead on the spot. Three of the parties dead, and the other three all wounded, the horrible tragedy here ended. Vincent Witcher, Esq., the chief actor in this truly terrible affair, is widely known throughout Virginia. He served for many years in the lower House of Legislature, and subsequently represented his district in the State Senate with signal ability. He is a prominent member of the Whig Party, and his name has been repeatedly mentioned in connexion with the office of Governor of the Commonwealth. He succeeded Whitnall F. Tunstall, upon the death of that gentleman, as President of the Richmond and Danville Railroad. After two years service he resigned the presidency of the railroad, and has since been engaged in the practice of his profession - that of a lawyer. Our informant states that throughout this painful suit, which Mr. Witcher believes to have been instituted against an innocent granddaughter, he has acted with great forebearance, and the part he has been compelled finally to act will be none a source of deeper regret than himself. Of course the whole matter will undergo a judicial investigation, until which we forebear further comment. The Lynchburg "Republican" of Wednesday says that Mr. Vincent Witcher and his grandson (John Anthony Smith) surrendered themselves to the authorities and were promptly acquitted, on the grounds of self-defense. -The Lorain Eagle March 15 1860 Vincent Witcher, Esq., Committed - Bail Refused - It is stated that the examination of Vincent Witcher, Esq., for the killing of the three brothers, James, Ralph and Johnson Clement, at Dickenson's store, Franklin County, on Saturday, the 25th of February, has resulted in his committal to jail for trial. Bail was asked, but refused. Mr. John Anthony Smith, a grandson, and Mr. (William)Addison Witcher, son of Mr. Vincent Witcher, who were likewise implicated, have been sent on for trial before an Examining Court, which is to be held on Monday next, the 26th instant. - The North Carolina Standard; Wednesday, March 21, 1860 Acquittal of Capt. Vincent Wicher, et al. March 28, 1860 Raleigh Standard 28 March 1860 March 28, 1860 ACQUITTAL OF CAPTAIN VINCENT WICHER AND OTHERS LYNCHBURG, VA. -- March 25 -- CAPT. VINCENT WICHER, ADDISON WITCHER, J. A. SMITH and SAM'L SWANSON, tried for killing the MESSRS. CLEMENTS in Franklin County, Va., were acquitted on Friday evening last. Burial: Byrd Cemetery Timmonsville Florence County South Carolina, USA THE WITCHER-CLEMENT SCANDAL The year 1860 was eventful for the little world in which Franklin County citizens lived and moved. A single local occurrence supplied Franklinites with a matter for speculation and conversation far into the 20th century. The occurrence was the killing of the three Clement brothers---James, William and Ralph---by Captain Vincent Witcher, John A. Smith, Vincent Oliver Smith, Samuel Swanson and Addison Witcher. Addison Witcher was the son of Vincent Witcher. John and Vincent Oliver Smith were his grandsons. Samuel Swanson was his son-in-law. The affray had its beginning in the marriage of James Clement and Victoria Smith, which was celebrated on March 13, 1858. The groom was one of the ten children of Dr. George W. Clement. Dr. Clement (b. 1786, m. 1811, d. 186?) was educated in Hampden-Sidney College and in the medical department of the University of Pennsylvania. His mother, Stella Smith, was the daughter of Major John Smith of Lewis Island. Their Franklin County home was called "Mountain View." Victoria Smith (b.1837) was the daughter of Albert G. Smith and a granddaughter of Captain Vincent Witcher. Both Clement and Smith families appeared to be pleased with the marriage, though it was brought out in the court proceedings following the killings, that the Smith family regarded the Clement family as of inferior social station. Dr. Clement was especially proud of the beauty, wit and vivacity of his daughter-in-law. Her magnetic personality gained her many admirers. It is said that two of her old sweethearts, William P. Gilbert and Samuel D. Berger, continued their attentions even after her marriage. Though these affairs were shown to be of an innocent nature, the extremely jealous disposition of her husband led him to charge her with unfaithfulness and to humiliate her constantly. Fearing physical violence, Victoria Smith Clement fled from her husband on the might of August 24, 1859, and found refuge in the home of Sherwood Y. Shelton who lived about a mile distant. She left behind her six months old baby (Lelia Maud, b. March 1, 1859) so great was her terror at the moment of flight. This incident was made the basis of a divorce suit. Within three weeks from her flight, the taking of depositions was begun at Dickinson's Store, the same to be read as evidence in the suit then pending between John A. Smith, next friend of Victoria Smith Clement, plaintiff, against James R. Clement, defendant. The taking of depositions continued through the fall and winter, until Saturday, February 25, 1860, when the killing of the Clement brothers ended the suit. The depositions of S.Y. Shelton, Charles Powell, Willis Woody, G.T. Berger, W.P. Gilbert, George Samson and Edney Shelton had been taken. Elizabeth W. Bennett had been called to make her statement. Captain Vincent Witcher objected to having her qualify and make part of her statement on Saturday "and then being left in the hands of the opposite party to be picked until Monday morning." Captain Witcher made the statement that Miss Bennett had been brought into the case by the Clements and was said to be under their control. Ralph Clement at this point said that "Whoever said that told a damned lie." Whereupon Captain Witcher replied "You had better make your remarks more direct," rose from his chair, put his hand in his bosom, drew therefrom a "five shooter," stepped toward Ralph Clement and began firing. Addison Witcher was conducting the examination for the plaintiff. Robert Mitchell was the justice of the peace before whom the depositions were being taken. His testimony in the trial of Captain Witcher, as recorded in the volume of depositions published by Dr. C.W. Clement, Sr., in June 1860, is not very impressive. He appears to have forgotten everything that transpired in his courtroom. The bodies of the three brothers were not only riddled with bullets, but were horribly gashed with knives. William Clement was disemboweled. James Clement had his throat slit from ear to ear. Ralph Clement lived nearly three hours despite his frightful wounds, and made a dying declaration before Justice Mitchell and Gresham Choice which was written down by Mr. Choice. It read as follows: "I never attempted to draw an arm. Addison Witcher caught me and held me around the waist and arms and told them to come and shoot me---a damned rascal. I was shot several times while in that fix, and he held me until I fell. Numbers of pistols were fired at me then." To this dying declaration, Magistrate Mitchell added these words: "Ralph A. Clement requested me to tell his father that he wanted him to make the deed to his wife and child according to his will." Robert N. Powell stated in his deposition that Addison Witcher held Ralph Clement while Vincent Oliver Smith shot him. George Finney stated in his deposition that John Anthony Smith shot and stabbed James Clement. It was stated by several deponents that both James and William Clement were reclining on a bed in the counting room when the firing began. It was thought by a few that some of the early firing came from the bed. The pistols of both James and William Clement had been fired until empty, but Ralph Clement, it was testified had not drawn gun or dirk. The bodies of the three slain brothers were carried from Washington Dickinson's counting room, in a farm wagon, and buried in a single grave near the shaded driveway which led up to the old brick house which was their boyhood home. The trial of Captain Vincent Witcher and his accomplices was begun almost immediately in general justices' court commonly called magistrates' court. Benjamin F. Cooper and Richard Parker took the depositions of the following: Jacob C. Mackenheimer, Gresham Choice, James Kemp, John C. Hutcherson, James M. Hutcherson, Madison D. Carter, Cluffee M. Brooks, George W. Finney, R.N. Powell, John B. Law, James M. Givson, Silas W. Evans, William C. Poindexter, Gilly Ann Huffman, John C. Law, William H. Hutcherson and Alfred L.H. Muse. Names appearing in the 200 page printed volume of depositions are: Abram Hancock, Tom Keen, Samuel D. Berger, James Rice, Shack Law, Waller Wright, Silas Dudley, Samuel G. Martox, Snead Adams, D.W. Blunt, Henry C. Mease, Mastin Williams, and John Baker, the last named being referred to as "an Englishman." The defendants claimed self-defense as justification for their killings and the charges against them were dismissed. In June 1860, the depositions, which were being taken when the killings occurred, were published in book form. After many years of searching, 1 found a copy and have had the same before me in writing this story. Dr. G.W. Clement, Sr., states in his foreword "To the Public" that "There were five justices on the bench of the Examining Court. Three of whom were in favour of discharging the accused, and two for sending them on to further trial." The courts record of the ease shows the close of the case in the following words: "At a court continued and held for Franklin County at the Court House on the 23rd day of March 1860, for the examination of Vincent Witcher, John A. Smith, Vincent 0. Smith, Samuel Swanson and Addison Witcher charged with the felonies aforesaid by them committed in this, that they did on the 25th day of February 1860, in the Counting Boom of Dickinson's Store in said county willfully, deliberately and with premeditation murder and kill Ralph A. Clement, James R. Clement and William C. Clement. "Present: Richard M. Taliaferro, Robert Bush, Noses C. Greer, Jonathan H. McNeil and Isaac Cannady, General Justices. "The said Vincent Witcher, John A. Smith, Vincent 0. Smith, Samuel Swanson and Addison Witcher were again led to the bar in custody of the jailer of this court. And the court having examined divers witnesses as well on behalf of the Commonwealth as of prisoners at the bar, who were heard in their defense by Counsel, is of the opinion that there is not probable cause for charging the said prisoners with the offense aforesaid and doth order that they be acquitted and go thereof without day." For a half century, the acquittal of these men was pointed to by Franklin County citizens as an illustration of how extreme may be the miscarriage of justice. The Masonic fraternity in which membership was held by both the killers and the killed, did not treat the matter so lightly. After the court had, on the 23rd of March, acquitted the five men of the killings committed less than a month before, Thomas S. Muse and John P, Lowell, members of the Masonic Lodge which bore the name of Vincent Witcher, chief actor in the killings, wrote of the "unfortunate death of Brothers R.A, and James R. Clement who cane to their death by the instrumentality of their brother in Masonry Vincent Witcher," and asked "that a committee of brethren be appointed whose duty it shall he to procure the evidence and make a report therefrom at our next regular communication." The reason given for "a thorough Masonic investigation," after the civil court had acquitted the killers, was stated in the following language: "The laws of a State are not the laws to try Brethren by who have offended against the Constitution and By laws of Masonry, that Civil law and Masonic law are as separate as Church and State." The Muse-Lowell document then asks, "Would the Civil law punish a Brother for violating the secrets and mysteries of Masonry or its Constitution?" Vincent Witcher Lodge No. 87 was chartered December 15, 1852, and had 39 members in 1860. The report of this lodge to the Grand Lodge for the year 1860 shows the deaths of R.A. and James R. Clement. The membership of the lodge down to 1860 includes the name of Vincent Walker. The secretary of the Grand Lodge of Virginia, James N. Hillman, in a letter to the author writes, "I find no reference to him (Vincent Witcher) subsequent to 1860 in the list of expulsions, suspensions or membership. Evidently, something happened to him, but it is not reported in the minutes from that lodge." There were no returns from Vincent Witcher Lodge, No. 87, to the Grand Lodge, according to the minutes of 1860 to 1866. These were war years, however, and that fact, rather than the fratricidal strife, may be the explanation of the interruption of the lodge's activity. Vincent Witcher Lodge No. 87 lost its charter in 1885 for mot having made a report in three years and in 1886 is marked extinct. The number it bore is now borne by Naomi Lodge in Norfolk, but the name of Vincent Witcher, who shed the blood of his brother Masons, has not been perpetuated by Masonry.

  
  

• Sources

  [S230] Ancestry.com and The Church of Jesus Christ of Latter-day Saints, 1880 United States Federal Census, (Online publication - Provo, UT, USA: Ancestry.com Operations Inc, 2010.), Year: 1880; Census Place: Danville, Pittsylvania, Virginia; Roll: 1385; Family History Film: 1255385; Page: 495B; Enumeration District: 180; Image: . Birth date: abt 1841Birth place: VirginiaResidence date: 1880Residence place: Danville, Pittsylvania, Virginia, United States [S231] Ancestry.com, 1870 United States Federal Census, (Online publication - Provo, UT, USA: Ancestry.com Operations, Inc., 2009. ), Year: 1870; Census Place: Subdivision North of Dan River, Pittsylvania, Virginia; Roll: M593_; Page: ; Image: . Birth date: abt 1842Birth place: VirginiaResidence date: 1870Residence place: Subdivision North of Dan River, Pittsylvania, Virginia, United States [S31] Ancestry.com, 1860 United States Federal Census, (Online publication - Provo, UT, USA: Ancestry.com Operations, Inc., 2009. Images reproduced by FamilySearch.), Year: 1860; Census Place: North District, Pittsylvania, Virginia; Roll: ; Page: 157; Image: 163. Birth date: abt 1838Birth place: VirginiaResidence date: 1860Residence place: North District, Pittsylvania, Virginia, United States