Jacob H. Smith - Legal Problems

Legal Problems

During the 1870s, Smith was called away from duty for several lawsuits for debt. One case dragged on in a Chicago court from 1869 to 1883.

Another creditor, named Henry, continued a claim against Smith for $7 for payment of a harness. The case dragged on from 1871 to 1901. Henry even sent a letter to President McKinley about Smith and his $7 debt.

On July 31, 1884, Smith was sued again in Chicago by the legal firm Pedrick and Dawson.

Smith was court martialed in 1885 in San Antonio for "conduct unbecoming an officer and a gentleman," for deeds in the “Mint Saloon” in Brackett, Texas. The opposing party claimed Smith had been playing a game of draw poker with M.S. Moore and C.H. Holzy A.K.A. Jiggerty, lost $135 to Moore, and refused to pay the debt. Smith was found guilty and was confined to Fort Clark for a year and forfeited half his pay for the same time period. The Reviewing Authority thought the court was too lenient on Smith. It also felt that Smith’s courtroom tactics made a mockery of the legal procedure:

• demanding witnesses from distant and impractical locations especially since he never actually used the witnesses in court,
• local civilian witnesses for some reason were intimidated so they refused to testify against Smith,
• local civilian witnesses for the defense selectively decided which questions they would answer and which they would not.

While the draw poker case was pending in 1885, Smith wrote a letter to the Adjutant General of the Army. The letter was regarding the case and the Adjunct found out that many of the statements were lies. Because of this, Smith was tried again in 1886 and was found guilty, and would have been thrown out of the military. Smith was only saved by President Grover Cleveland, who allowed Smith to return to the military with only a reprimand.

In 1891, Smith was charged with using enlisted men as his servants in his home.