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CHRISTOPHER
SMITHERS
by Robert Barnes
Christopher Smithers, German
inn holder and tailor of Annapolis, had a checkered career to say the least.
He arrived in Annapolis by 1704, and died 8½ years later. He was
naturalized on 3 May 1704. On 22 January 1705, he purchased from George
Valentine Valentine's Lot on the south side of George St. in Annapolis.
Smithers' first wife, Ann
Foster, married him while her first husband, James Foster, was still alive.
She was indicted for bigamy in November 1705. The complaint stated that
she had been legally joined in matrimony with James Foster, and in 1703
had contracted and solemnized a marriage with one Christopher Smythers,
tailor, even though Foster was still living. The charge stated that in
February 1705 both Christopher and Ann had been legally admonished by the
rector of St. Anne's Parish not to cohabit or live together, but they had
continued to do so. After hearing all the evidence in June 1706, the jury
decided that Christopher and Ann were in fact lawfully married. The court
record does not say what convinced the jury of the couple's innocence.
In spite of this verdict, the rector of St. Anne's felt he had to have
the last word. When Ann died, and was buried on 26 October 1706, the entry
in St. Anne's Parish Register stated: "Ann Foster, married to Christopher
Smith [sic] in her former husband's lifetime."
Whatever the facts of Christopher
Smithers' private life, he was listed in June 1706 as living in Middle
Neck Hundred, with two orphans entrusted to his care: William Cooly
and Eliza Bayly. After Ann's death, Christopher took up with Mary May,
by whom he had an |
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illegitimate
daughter who was born and died in
1708.
By 1712, Mary was referred to as Smithers' wife.
The
card index to Anne Arundel County judgments contains a card saying that
in November 1710 Smithers was indicted for murder, but the actual entry
for that date states that he appeared in court as a surety for Thomas McNemara.
On
19 May 1712 Smithers mortgaged to Charles Carroll of Annapolis Lots 8,
33, and part of 34 in Annapolis. Smithers' wife Mary released her right
of dower. On the following day, Smithers, now describing himself as a tailor,
sold the rest of Lot 34 to John Navar.
Smithers
died leaving a will dated 1 November 1712 and proved 31 December 1712.
He left his entire estate to his wife Mary, whom he named executrix. His
personal property was appraised at £46.13.4. Mary Smithers married
John Freeman in St. Anne's Parish on 7 October 1713. On 8 January 1714
Mary Freeman filed an account of the estate, listing payments of £48.17.2.
As for the mortgage, Charles Carroll assigned it to Thomas Macnemara on
13 August 1713, and Amos Garrett paid the consideration money for Mary
by the recording date of 28 Sepember 1713 .
Sources:
F. Edward Wright, Anne Arundel County Church Records of the 17th
and 18th Centuries, pp. 68, 75; Archives of Maryland, Vol. 24, p. 410;
Anne Arundel County Court (Land Records) [MSA C97] WT 2, p. 378, PK, p.
493, and IB 2, pp. 22, 78; Anne Arundel County Court (Judgment Record)
[MSA C91] TB 1, pp. 115, 116, 201, 305-307; Prerogative Court (Wills) [MSA
S538] 13, p. 469; Prerogative Court (Inventories and Accounts) [MSA S536]
33B, p. 148 and 35A, p. 39. |
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