The Scots recognized irregular unions in certain cases. L'Angelier considered Smith his wife, a part she at first discreetly played. When he refused to step aside and allow her a more socially acceptable marriage, his removal became necessary.
Smith's sensational murder trial captivated both Britain and America. Despite compelling evidence of guilt, various factors led to her acquittal--her class and gender, the peculiarities of Scottish law--and many believed the case went to trial only because the Crown feared blatant confirmation that justice was not blind.