The Sun. — London, England, 1857-07-10 00:00:00

the numerous occasions upon which he spoke of suicide — naturally suggest that as one mode by which he may have departed this life. lam not undertaking to prove that he died by his own hand. If I were doi❑g anything so rash I should be imitating the rashness of the prosecutor, but I should not be stepping a hair's-breadth further out of the beaten track of evidence and proof and demonstra tion ; for I think there is more to be said for the suicide than for the prisoner's guilt. From the very first time at which we see him, even as a lad, in the year 1843, he talks in a manner to impress people with the notion that he has no moral principle to guide him. He speaks over and over again in Edinburgh, Dundee, and elsewhere—aye, and the prisoner's letters show that he had made the same threat to her—that he would put himself out of existence. And is it half as violent a sup position as the supposition of this foul murder that upon this evening—the 22d of March—in a fit of that kind of . . madness which he himself described came over him when he met with a disappointment—finding, it may be, that he could not procure access to an interview which he de sired—assuming that he came to Glasgow for the pur pose—assuming, even, that he mistook the evening of the meeting, and expecting to see her on the Sunday— can anything be more probable than that in such a case, in the excited case in which he then was, that he should have committed the rash act which put an end to his existence? I can see no great improbability in that. But whether he met his death by suicide, or whether he met his death by accident, or in what way soever he met his death, the question foryou is, 13 this murder proveci ? You are asked to affirm that on your oaths an a fact-- that the arsenic which was found in that man's stomach was presented to him by the hands of the prisoner. Gentlemen, I have talked of the improbabilities which belong to this story—to this charge. But surely you cannot have omitted to observe how very unnatural and extraordinary a crime it is to impute to a person in the prisoner's situation. I stated to you before as a piece of undoubted experience, that no one sinks to such a depth of depravity all at once ; and now I ask you to remem ber at what period we left this correspondence—at a 'period when she desired to break off with L'Angelier, no doubt— at a period when she desired to obtain possession of her letters, the return of which was refused. I am most unwilling to intersperse my address with remarks upon the character of a man who is now no more. But picture to yourselves the moral tempera ent, the taste, the feeling, of a human being who, having received such letters from a girl as you have heard read in this court, would ever preserve them. He must have been dead to all feeliogs of humanity, or he would never have refrained from burning those letters. But he not only preserves them, but he retains them as an engine of power and op pression in his hands. He keeps them that he may carry out his cold-blooded original design, not merely of pas. sassing himself of her person, but of raising himself in the social scale by a marriage with her. It was his first object, and that object he pursues constantly, unflinch ingly, to the end. But he will expose her to his friends and to the world, he will drive her to destructien, or to suicide itself, rather than let her out of his power. It may be said that I am only describing the great provoca tion which she received, and therefore enhancing the probability of her taking this fearful mode of extricating herself from her embarrassment. I don't fear that, gen tlemen. I want you to look now at the picture which I have under her own hand of her own state of mind at this time—not far the purpose of palliating her conduct—not for the purpose of vindicating her against this charge either of unchasteness or impropriety as regards Mr. Minnoeb, but for the purpose of showing you in what frame of mind that poor girl stood at the tame—the very time at which she is said to have conceived and contrived this foul murder. There are two or three lettere, but I select one for the purpose of Illus,rating what I now say. It is written on the 10th of Feb. and it is written after she has asked for the return of her letters and been re fused. The Dean here read in a touching manner the remarkable letter No. 107, in which, in a strain betoken ing much agony of mind, she conjures L'Angelier not to xpose her shame to the world. Is that, he proceeded to say, the mind of a murderess, or can any one affect that frame of mind ? Will you, gentlemen, for one mo ment, listen to the suggestion that the letter covers a piece of dece t. No ! The finest actress that ever lived could not have written that letter unless she had felt it ; and is that the condition iu which a woman g oes about to o enpase the death of him she loved ? th at her frame of mind 1 The thing is preposterous, and yet he is be cause of her despair, as my learned friend called it, exhibited in that and similar letters, that he says she had a motive to commit the murder. A motive—what motive?--a motive to destroy L'Angelier. What does that mean? It may mean, in a certain improper sense of the term, that it would have been an advantage to her that he should cease to live. That is not a motive in any proper sense of the term. Teat is not a motive, else how few of us are there that live who have not a motive to murder some one or other of our fellow-creatures. But, gentlemen, even in the most improper and illegitimate sense of the term, let me ask you what possible motive there could be—l mean what possil,le advantage cool 1 she expect from L'Angelier ceasing to live, so long as the letters remained in his possession? Without the return of the letters she gained nothing. Iler great object—her greatest desire—that for which she was yearnieg with her whole soul, was to prevent the exposure of her shame. But the death of L'Angelier, instead of procuring, that object, wool t have beeu perfectly certain to lead to the immediate exposure of everyti ieg that bad parsed be tween them. Seall I he told that she did not foresee that? 1 thought my learned friend hoO been giving the pri soner too much credit for talent in the course of his ob servations upon her conduct; but I should conceive her to be iefinitely stupid if she did not fere, , eo that Cle death of L'Angele r , with tnese docuinents is Lie posses sion, was the tree and the best means of frustrating the then great object of her life. S r much fer the motive ; and see what another startling defer, that is in the case for the prosecution. ShAl I be told that the motive !night be revenge ? Lieteo to the letter. Tell me if it is pes- , ible that in the same breast with these sentiments there could lurk one feeling of revenge ? No ; the condi tion of mind in which that poor girl was throughout the months of February and March is entirely inconsistent with any of toe hypotheses that have been made on the other side—utterly inereeiele in connection with the perpetration of such a crime as is here laid to her charge ; The learned counsel then referred to the prisoner's flight to Row, and said—Gentlemen, this was not flying from justice, but it was flying from that which she could just as little hear—the wrath of her father and the averted countenance of her mother. But she came back again without the slightest hesitation, and upon the Monday morning there occurred a scene as remarkable in the history of criminal jurisprudence as anything I ever beard of, by which that broken spirit was altogether changed. The moment she was met by a charge of being implicated in causing the death of L'Angelier she at once assumed the courage of a heroine. She was hound down nod she fled while the charge of her own unchastity and shame was all that was brought against her ; but she stood erect and proudly conscious of her innocence when she was met with this astoundmg, this monstrous charge of murder. After reading the declaration of the prisoner, and commenting on various statements made in it, the Dean said, such openness and candour of statement, under such circumstances—made to the magistrate inter rogating her on the charge, and who had, as was his duty, informed her that whatever she sail might be used to her prejudice, but could not possibly be used to her advantage—l leave to speak for themselves. But I have now to request your attention to ono particular point in connection with this declaration,—the different purchases of arsenic. Tee possession of this arsenic is said to be unaccounted for, as far as the prisoner herself is con cerned. It may be so, and yet that would not make a case for the prosecution. She says she used it as a cos metic. This might be startling at first sight to many of us here, but after the evidence we have heard it will not in the least amaze you. At school ber statement, which has been so far borne out by evidence, shows that she had read of the Styrian peasants using arsenic for the strengthening of their wind and improvement of their complexions. No doubt they used it internally, and not externally as she did ; but in the imperfect state of her knowledge that fact was of no significance. L'Angelier stated to more than one witness—and if he stated falsely it is only one of a multitude of lies proved against him— that he used it himself, and it is not surprising that if he (L'Angelier) knew of this custom that he should have communicated it to the pfisoner. There is no reason to suppose that if used externally, as the prisoner says she did use it, would be productive of any injurious effects; so that there was'no reason to suspect on that ground the truth of the statement that the prisoner had made. No doubt we bays medical gentlemen coming here and shaking their heads and looking wise, and saying that such a use of arsenic would be a dangerous precedure. so should we all say that it is both a dangerous and foolish procedure. But that is not the question The question is whether the prisoner could actee , ly so use it without injurious effect=, and that she could do so s demenstrated by the experiment of Dr. Laurie and by the opinion of Dr. Mactagan. G.n lemen , rey learned friend the L or d Ad vocate said that great as was the cou rage the unhappy prisoner displayed when charted with the crime, that demeanour was not inconsiste nt lvith the theory of her guilt. He sa id t h at a woma n who had nerve to commit the murder would have nerve calmly to meet the accusation. I doubt th a t h ypothesis Gentle men, I know of no cause in whi c h suc h undaunted ou rage has been displayed, from first to last, by so y oun g a girl, confronted with such a charge, w h ere that girl was guilty. But, gentlemen, our experience does fur nish us with examples of as grave a bearing in so youne a girl when innocent, Do you know the story of Eliza, Fen wick ? She was a servant girl in London. She was tried on the charge of poisoning her master and family by putting arsenic into dumplings. When the charge WAS first made she met it with a calm and indignant denial ; she maintained the same demeanour throughout a long trial; and she received se ntence of de ath witheut moving a muscle. According to the statement of a by stander, when brought upon the scaffold to die, she looked al serene as an angel, and she died as she had borne herself throughout the previous stages of her sad tragedy. It was an execution that attracted much atten tion at the time. Opinion was ranch divided as to the P ro priety of the verdict, and the ang ry disputants wrangled e ven over h er grave. But tim brought the light which was wanting before ; the true perpe trator of the murder confessed h too late to av oi d the enacting mostis death d— dbelonod-ylietra- gedy. It happened at a time beyond the recollection of most of the gentlemen whom I now address ; but it son record—a flaming b eacon to warn us aga inst the sunken rooks of that presumptaous arrogance and opi nionated self-reliance bidden in the cold and proud human heart ;it teaches ns, by terrible examp le, to avoid con founding suspicion with proof, and to rat- j t itet ar.d hints when tendered as demonstration, e r e r e , s' en:l l ease; eithe ' r a he g tlemen, that this was not a solitary e collection or reading of any us may recall s im ilar tr cases where, after execution, the judgment was pr o ved wrong wrong which had doomed a fellow -creature to aie pray God that neither you nor I may in any degree be guilty of adding another name to that black and bloody calendar. The Dean of Faculty, in an eloquent perora- rHE SUN, LONDON, FRIDAY EVE'r4ING, JULY 10,1 1857 have interfered ; and the jury would consider whether, when going about the room in an excited state, he had only thrown open the window to get some air. As to the other stories, that he wank' drown himself if he were jilted, they did not amount to much, when it was known on one occasion ho bad been ji:ted and had not drowned himself. He also treated the story as to night, where the fact of their meeting i 3 the foundation been so taken by him, and was thus mur le lel by title of a charge of murder. You therefore must reel that the said Madeleine Smith. grounds of drawing an inference in the ordinary matters of civil business, or the actual intercourse of mutual friends is one thing, and the inference from the fact that he came to Glasgow, that they did meet, and that there fore the poison was administered to him by her at that time, is another, and a most enormous jump in the cate• gory of inferences. Now, the question for you to put to yourselves in this, can you now, with satisfaction to your own minds, come to the conclusion that they did meet on that occasion, the result being, and the object of coming to that result being, to fix down upon her the administration of the arsenic by which he had died ? Now, then, gentlemen, let us take the three charges in the indictment : the first -charge is, that she adminis tered poison on the 19th or 20th February, 1857. Can you come to the conclusion, on the evidence of Miss Perry and others, that he did see her on that occasion ? She was not proved to have had arsenic or any other poison in her possession, and what I attach very great importance to is that there is no medical testimony by analysis of the matter vomited that that illness did pro ceed from the administration of arsenic. If the doctor had examined the matter vomited, and said that there was certainly arsenic here, I am afraid tee case would have been very strong against her as having given him coffee or something immediately before his illness on that occasion. But it is not proved that the illness arose from the administration of poison ; arsenic she bad not, and there is no proof of her having possessed any thing deleterious. Therefore I have no hesitation in telling you that that charge has failed. He had twice before been seized with illness of this description, which was not alleged to have been caused by arsenic. And therefore I have no hesitation in telling you that I think that charge has failed. I think it my duty to tell you, as Judge, that on that charge you find her not guilty. But we are in a very different situation as to the illness of the 22.1 or 23d of March. In one respect it is not proved to be from the administration of any delete rious substance, and perhaps you may think it safer not to hold in such a case as that, that it was the result of the administration of arsenic or any poisonous substance. But what would connect the prisoner with that is I think much stronger—that is to say, connect her with a meeting with him that night. It you should think you can acquit her of the first, and that there is too much doubt to find the second proved, why, then, you will observe how much that weakens all the theories that may be raised in the cor respondence of a purpose and a desire of revenge or some thing rising from the change of tone, and a desire to al lure him again to her embraces and fascinations which cannot be accounted for excepting on the supposition. In that view, undoubtedly, the f o undation o f th e c as e i s and will not lead you to suppose that der was ch er i s h e d on th e 22d. Th en , t v h e e ry pu m r u p c o h se s o b f ak m e u n r , as to that charge of murder, gentlemen, the points for you to consider are surrounded as the panel is with grave suspicion, everything that seems to militate against the notion of innocence, upon any theory that has been pro pounded to you." Still, are you prepared to say that you find an interview proved against her with the deceased on the night of the 22d March. She had arsenic before the illness of the 22d February, and I think you will consider that all the excuses which she made about hav ing arsenic, aro just as groundless as those which she stated to the apothecaries. She bought arsenic again on the 6113, and certainly it is a very odd thing that she should buy more arsenic after she carne back to Glasgow on the 18th of Marcb. Fur unless you are to take the account, to be sure, that fhe used it as a cosmetic, she has it before the 22d, and that is a dreadful fact it you create view o f t t h h e a greatest mater, are quite satisfied that sh e did no t ge t it an d use it for the purpose of wa s hi ng h er hands an d f ace. I t may that reluctanceshe a, guiltyyou r ofadministering mina to t ke this it somehow, though the place where may not be made out, or the precise time of the interview. But, on the other hand, you must keep in view that arsenic could only be administered by her if an interview took place swili it 0 1, 1 a 'Ange ninfe l i r e e r, andthat n , ee that view ho may satisfy y gh y o i t may be the e u morally thatr it did take place, still rests upon an inference alone, and that inference is to be the ground, and must be the ground, on which a verdict of gull y is to rest. Gentlemen, you will see, therefore, the necessity of great caution and jealousy in deal ing with any inference which you may draw from this. You may be perfectly satisfied that L'Angelier did not commit suicide, and of course it is necessary for you to be satisfied of that before you could find that any body administered to him. Probably, though none of you may think fur a moraent that he did go out that night, and that without seeing her and without knowing what she wanted to see him about, if they had met, that he was to swallow above 200 grains of arsenic on the street, and the; be was carrying it about with him. Probably you will discard that altogether, though it is very important, no doubt, if you come to the conclusion that he did not swalow arsenic : yet, on the other hand, gentlemen, keep in view that that that will not of itself establish that the prisoner administered it. The matter may have remained most mysterious—wholly unex plained. You may not be able to account for it on any other supposition, but still that supposition or inference may not be a ground on which you can safely and satis factorily rest your verdict against the panel. Now, then, gentlemen, I leave you to consider the case with refe rence to the views that arc raised upon this correspond , ence. I don't think you will consider it so unl,kely ass was supposed that this gill after writing such letter. may have been capable of cherishing such a purpose. Still, although you may take such a view of her charac ter, it is but a supposition that she cherished this mur derous purpose—the last conclusion of course that you ought to c , me to merely on supposition, and inference, and observation upon this varying and wavering corre spondence of a girl in the circusustences in which she is placed. It receives snore importance no doubt when you find the purchase of arsenic just before she expected, or just at the time sfie expected L'Angelier. But still these are but suppositions—these are but suspicions. Now, the great and invaluable use of a jury after they direct their atten tion, seriously to the oases with the attention you have done, is to separate firmly—firmly and clearly in your own minds suspicious from evidence. I don't say that inferences may not com p et ently be drawn ; but I have already warned you about inf e r ences i n t h e ordi nary matters of civil life, and such a case ac t hi s, and therefore if you can't say we satisfactorily fi n d h ero Gill . deuce of this meeting , and that the poison must have davhyowever the weight and load you may have to of been administered by her at an y meeti ng , whatever may be o ueru perform yo ur b es t an d bounden suspicion from t ru th, that you don't find este hagainst her. I am quit e sa ti s fi e d you may give, after th e a tt ent i on y n Oer struggle duty u suspicion q pt is l y to C gi as against g n t a a , j hn rid jury rt of w o v it e Li r ,s en ypa hg ona that and uj eh proceed aitne ve evidencer v er upon j ct nothing to tr which you have bestowed upon this case, will be the best approximation to truth, at which we could arrive. But let me say, also, on the other band, as I said at the out in , that of the evi dence you are the he s t j ud g es, not onl y point of law, but in p oint of fact, and y ou ma y be setper fectly confident that if you return a verdict, you need , y a u n u d u t e o v y e o r u e r an co l u la n y t e ry . , and may feel not fear any consequences from any future, or imagined, You have done your duty under or fancied discovery. Preserve Justice-Clerk's address the syactuisrfioeadththsautnrdeeurl reserve her usual demeanour. abohut,lo minutes after 1 o'clock, im mediatelyadis_crsion. About leh fi w v a e s m a i t nu fi t r e s s t w i ne the audience in Court fell into pri soner Throughout appeared t to o e upon hell rung, which and a deep thrill of anxiety signal from the jury that they were thought to be the The jury retired ut the Court—although the prisoner was visible through° remorse a k f e t e e n r the excitementretir e retirement, turned her head for a moment. During only slightly ready with their verdict , the whole of the period for rem aining which the jury were absent, she s howed no parteaular symptoms of agi tation —although, a bout thirty-five minutes past one, a second bell, whic h p roved to be that of the Judges, causel a repetition of t he same scene. At thirty-two minutes past one, the jury bell rung, and the en tered the box three minutes afterwards. y The prisoner still ga ve no symptoms of emotion. The Lord Justice-Clerk intimated that it must be un derstood that there 11211 St be no expression of feeling by the audience, whatever the verdict. The names of the jury having been called, Mr. Moffat, j of the High School, was announced as Chancellor, and read the verdict as follows : In regard to the FIRST CHARGE, the jury, by a ma jority, find a verdict of NOT GUILTY; which charged Ma feline Smith, or Madeline Hamilton Smith, with wickedly and feloniously administering arsenic, cr some other poison, with intent to murder; as also with Furder, in so far ae, fir-t, an the 19th or 20th days of February last (Thursday or Friday), in the house in Blyths wood-square, Glasgow, occupied by James Smith, her father, she did wickedly and feloniously administer to, or cause to be taken by, Emile L'Angelier or Pierre E:niie L'Angelier, now deceased, and then, or lately before, in the employment of w. B. Huggins and Co., merchants, Both we ll- s treet, Glasgow, as a clerk or in some ether capacity ; and then, or lately before residing with David Jenkins, a joiner, and Ann Duthie, or Jen kins, his wife, in Franklin-Street, Glasgow, a quantity or quantities of arsenic or other poisons, to the prose tutor unknown, i n coda, or coffee , or some other arti cle or - articles of food or cf drink, to the prosecutor unknown, with intent to murder the said Emits or other e L'An i f e e r said - lier ; and that he having taken the arsenic poison, or part thereof, so administered or caused to be taken by her, he did, in consequence thereof, and imam ciately or soon afte r taking the same, suffer severe illness. Instantly on the announcement cf these last a vehement burst of cheering came from the audience, especially from the galleries, which was again and again renewed with increasing loudness in spite of the cffeits of the judges and the officers of court. giving arsenic to horses on a journey in France as very unimportant ; it was nonsense to say that it made them lon-winded if only given to them once, because it was only the constant:use] of it which produced that effect. Altogether, he did not see the importance or materiality of this evidence. It was brought to support the notion that be poisoned himself with arsenic ; but if he was in the habit of taking it in small quantities, he knew its qualities, and therefore this did not aid the notion that he took an immense quantity on 22d March for the pur pose of destroying himself. No doubt the prisoner was not bound to prove that he poisoned himself—it was Whilst the Chancellor wa3 reading the verdict, the prisoner gazed at the jury steadily, but with no signs of agitation, and when the verdict of Not Proven on the third charge was pronounced, her head slightly fell, her face broke into a bright but somewhat agitated smile, and her hand was warmly grasped by her agent, Mr. Ranken, on one o'de, and the jail matron on the other—expressions of sympathy which seemed to affect her more deeply than any incident of the nine days trial. enough for her to satisfy them - that there was not evi dence to bring home to her the gn It of poisoning him ; but it was a hazardous thing to set up in defence that The Lord Justic3-Clerk, in thanking the jury for their services, (and intimating that they would be ralieved from similar duties for five years), stated that they would have perceived from what ho had said to them that his own opinions quite coincided with the conclu- sion at which they had arrived. The prisoner was then dismissed from the bar. L'Angelier went out that night carrying such a quantity of arsenic in his pocket, and that he swallowed it how, where, or when no human being could conceive. And therefore he thought the case stood far better for the prisoner on her own real plea, that the guilt was not brought home to her, which was truly the matter at issue. Probably the jury would hold that the notion of his having poisoned himself was in reality groundless, and did not strengthen the case. Proceeding to the evidence of the druggists at Coatbridge and Baillieston, he remarked that they bad against that Mr. Ross's evi dence that he walked with him all the way to Glasgow, that he never complained of being ill, and that he had not gone into any shop on the way. There must, he thought, be a mistake on the part of these people as to this being L'Angelier at all. It must also be remem bered that he went home and took tea, and never com plained that anything was wrong with him. As to the evidence that he bought a white powder in Kirk's shop, Gallowgate, his Lordship said it was not even suggested that this was arsenic ; if it was arsenic, she was bound to write it down ; and he did not think thej ury could believe that he bought arsenic there just after he left Ross and before he saw the panel, or knew what answer he would get from her. The witness Kirk identified L'Angelier's purse as'that from which he had taken the money to pay for the powder ; but it was very probable, his Lordship thought, that some of the jury might have a purse in their pockets exactly like it. As to the third letter put in for the defence, written by the prisoner to L'Angelier, denying that the conversatiou of young ladies at school had reference to certain subjects, his Lordship remarked that this seemed to have been written in reply to some complaint by L'Angelier as to the impropriety of her conversation, and with the view of correcting her faults. As to the evidence with regard to the arsenic kept in great chemical works, he observed that there was no evidence that L'Angelier was ever seen about these works at all. Alluding to Dr. Laurie's experiments with arsenic, he observed that in these ex periments the hands and face were immediately after wards washed with cold water, which might prevent any , irritation, but if it was so used iu this case, what effect could it have as a cosmetic ? His Lordship next directed attention to the correspondence. On this point he ob served :—The Lord Advocate states his theory of the case thus : the panel became acquainted with L'Ange lier, the acquaintance went on very rapidly, and ended in an engagement; they corresponded frequently and clandestinely ; on the &h May, 1856, he got possession of her person ; the engagement was discontinued once or twice ; the letters continued on her part in the same terms of passionate love for a very considerable time—l say passionate love, because unhappily they are written without any sense of decency, and in most licentious terms. After a certain time Mr. Minnoch's attentions to the girl became very marked ; she saw there was no chance of marrying L'Angelier even if she continued to like him sufficiently ; but the other was certainly a most desirable marriage for her to make. The Lord Advocate says that her object then was to extricate herself from the position which she was in ; that she first makes an appeal to L'Angelier to give up her letters ; she writes then very coldly, and says the attachment has ceased on her part, and she thinks on his part also. Certainly there was no reason to suppose that, though be frequently blamed her conduct; but that is what she states. The Lord Advocate says that by these cold let ters she was trying to make him give her up and to give up her lettere. She failed in that. The Lord Advocate says that then she proceeded to write in as warm terms as ever, and to talk of their embraces as she had done before. She does not succeed in that tone, and then she receives him, as he says must be inferred and is proved, into her stu=n for the purpose of succeeding in this. She has to leave Glasgow, and he too has to go to Edin burgh. She returns, and she understands that ha re turned, and she writes letters for the purpose of having ieterveews with him. Tee Intel Advocate says that on the former occasions when she failed in getting the let ters, out-of resentment she had administered the poison to him on the 19th and 221; and aware that no allure ments, or enticements, or fascinations from her would get the letters from him, she had prepared for the inter view which she had expected on the 22.1 March, by an other purchase of arsenic, and with the intention to poison bum. The Lord Advocate's theory and statement is that the interview having taken place, she did accord ingly administer that d ise of arsenic from which, howso ever administered, he died. All this, on the other hand, is treated as a totally incredible supposition by the counsel for the prisoner. It is said that she could not I have had such a purp me—that it is something too mon strous to believe or inquire into even. Gentlemen, it is vary difficult to say whet might not occur to the exasperated feelings of a female who had been placed in the situation in which this woman was placed. And there it is that the correspondence comes to be of much importance in aetertaining what sort of feelings this girl cherished, what state of mind and disposition she was in, and whether there is any trace of moral sense or propriety to be found in her let ters, or whether they do or do not exhibit such a degree of ill-regulated, disorderly, distempered, licentious feel ings as to show that this is not a person quite capable of cher:shing any object to avoid disgrace and exposure, and to cherish any revenge which such treetment might excite in the mind of a woman driven nearly to madness as she says she was. I shall not read many of these letter:', but there are some characteristics of the charac ter of the panel to show her mind and feelings which I think it is of importance to place before you, as show ing the progress of this attachment and the manner in which it was carried on. It is very curious that the first letter is written by her; and then he replied as you might xpect a young man of his temperament to do. His lordship then read one of the letters, remarking that it seemed that the girl's ill-regulated passioes broke out months before any sensual intercourse had taken place ; the expressions used in that and following letters were most singular as passing between two unmarried people. We heard, said his lordship, a good deal said by the Dean of Faculty as to the character of this panel ; we have no evidence ou the subject except what these letters exhibit, and no witness to character was brought ; but certainly these letters show as extraordinary a frame of wind and of passion as perhaps ever appeared in a court of justice. Can you be surprised, after such letters as those of the 29th April and 31 May, that on the 6th of May, three days afterwards, he got possession of her persor. On the 7th of May else writes again, and in that letter is there the slightest appearance of grief or of remorse ? None whatever. It is the letter of a girl re joicing in what had passed, and alluding to it in one pas sage in particular in .terms which I will not read, for per haps they wore never previously committed to paper as having passed between amen and a woman. What passed must have passed out of doors, not in the house, and she tales of it as hers as much as his. His lordship here read the letter and observed—this is a letter from a girl, written at five in the morning, just after she had sub mitted to his embraces ; can you conceive or picture any worse state of mind than this letter exhibits ? In others she uses the word "love" underscored, showing clearly what she meant by it; and in one letter she uses th e mos t disgusting and revoltiog language, ex hibiti ng a state of wind most lamentable to think of. After read ing several other letters, his Lordship came to those of February 1857, as to which he observed that it was plain she was then playing a part. She had been writing to "my dearest Williatn"—referring to Mr. Minnock—talking of the happiness of her expected mar riage with him. As to the last letter which brought L'Angelier from the Bridge of Allan, she said it was written to inform him of the engagement to Mr. Min noch ; but how strange that he should not say a word about it. He remarked on the fact that in the letter in which the prisoner said she would give him a loaf of bread the next time he came, She said she would give him it before he went "out"—showing that it was in tended he should be let into the house. .His Lordship observed that there could be no doubt that it was the prisoner's letter which brought L'Angelier from the Bridge of Allan, and he then proceeded. In ordinary matters of life, after that, you c iuld not have any hesi tation in coming to the conclusion that they did meet accordingly. But that becomes a very serious question in a case where that meeting is supposed to end in the aduanistration of poison and death follows. That may he a very natural inference, that looking at the thing morally, no one can doubt that he went to see her, and would see her that night, for she had no difficulty in making arrangements to see him, and if she waited the second night after the first letter it would not be sur prising that she should look out for an interview on the second night after the second letter. The Dean of Faculty—She did not wait the second night after the first letter. She waited only one night. The Lord Justice-Clerk—l am sure the jury under stood what I meant. Toe Dean—lt is the turning point of the case, because the slightest - difference of expression may occasion a different meaning. The Lord Justice-Clerk—She says—" I shall wait again to-morrow night, same hour and arrangement." And I say there is no doubt, but it is a matter for the jury to consider, that after writing this letter she should wait another night—that is the observation I made. And therefore it was very natural that he should go and see her that Sunday night. Bat, as I said to you, that is an inference only. If you think it seemed a just and satisfactory inference—that you can rest your verdict upon it—it is quite competent for you to draw such an inference from such letters as these, and from the conduct of the man coming to Glasgow for the purpose of seeing her—for it is plain that was his object in coming to Glasgow. It is sufficiently proved that he went out immediately after he got tea and had changed his coat. But then, gentlemen, in showing an inference, you mast always look to the important character of the inference which you are asked to allow. If this had been an ap eointtusnt about business, and you found that a man came to Glasgow for the purpose of seeing another upon business, and he went out for that purposes having no ether object in coming to Glasgow, you would probably scout the notion of a person saying I never saw or heard of him the day that he came but what you are asked to draw is this—the inference that they met that THE TRIAL OF MISS SMITH. (From the Times.) The dead man L'Angelier is not one whose fate there is any need to commiserate. His conduct to one who had been his victim was base and unmanly in the last degree, and can only be excused on the ground stated by the Lord Advocate, that by the law of Scotland an irregular marriage might be held to have taken place, and that L'Angelier had a right to consider Madeline Smith as his wife and to prohibit her union with another man. That the jury should declare the crime Not Proven is hardly surprising ; for the circumstances are as mysterious as any that have ever been related in a court of justice. If on the one hand the prisoner purchases arsenic, and thinks of her complexion for the first time when she is distracted with terror respecting her good name, on the other hand she buys it so openly that a juryman might well think her conduct incompatible wtth a murderous inten tion. In her first letter, after the purchase of arsenic in February, she tells her lover that "I am taking some stuff to bring back the colour." Qf course, the prosecution look upon this as a proof of consummate cunning ; the defence declare it to be a corroboration of the prisoner's statement. If L'Angelier indeed poisoned himself he must have been the most extraordinary of men ; for he not only makes two unsuccessful attempts, and goes to the country for his health afterwards, but he relates how he was made ill by his paramour's chocolate, says jokingly he would forgive her if even she were to poison him, and a month afterwards, just before he is supposed to poison himself, he tells his friends be is going to Blytbswood-square and actually loiters in the neighbourhood for the purpose of making the world be'ieve he is poisoned there. Was L'Angelier likely to commit self-murder, and i n such a manner as wilfully to bring on Madeleine Smith the suspicion of the deed ? These questions are now beyond human investigation. The jury by their verdict have declared their inability to decide. In this verdict we must concur ; yet we see no reason for the cheering and the manifesta tion of joy which greeted it. Madeleine Smith goes forth free from the penalties of the law—that is all. (From the Daily Nays) The nature and effect of this verdict appeirs to be as follows. In Scotland, as in England, a cri minal trial is a " wager of law." Tue Prosecutor undertakes to convince a jury that the accused is guilty ; the accused, to satisfy the jury that he (or she) is innocent. The jury are not expected to do mire than express the conviction produced on their minds by the statements of the witnesses and the arguments of the lawyers. Their conviction may be such as they would find it difficult to assign a reason for ; still it is held to be conclusive as to the facts. In England the jury are call ed upon to declare distinctly either that they hold the accused guilty or that they hold him innocent. The more considerate law of Scotland makes allowance for that neutral state of mind in which plain, unprofessional men may have an im pression of the accused's culpability too strong to admit of their conscientiously declaring him,inno cent—too weak to admit of their incurring the re sponsibility of exposing him to punishment. In this case they are allowed to have recourse to the temporising declaration—" not proven." Of this privilege the Jury on Miss Madeleine Smith have availed theinselves, and the rather tantalising re sult of a protracted and exciting inquiry is simply this :—Tuat L'Angelier die] of poison, but not of poison administered by himself ; that sufficient evidence has not been ob+ained to carry home con viction to the guilty, though suspicions have pointed strongly in a certain direction. (Prone the Horning Herald.) The Lord Advocate declared that in this case "there was not a link wanting in the evidence that " there was no loophole at which the unhappy prisoner could escape." Such was certainly not the opinion of the legal profession in this country, nor, as we are informed, in Scotland. And that was rather racklyss language to be used by the first law officer of the Crown, in a case of life and df-a , h ; it was language which should hardly be used if tLe case was clear and cogent. But was this such a case 1 The case of a girl, accused of poisoning her lover—a man who was not proved to have been with her on the fatal occision ! Circumstantial evidence must often be resort--d to, and inferences must be drawn from tact?. But the inference of guilt must arise from the facts proved. And here—even if the man had been seen at the house on that night—the reception of the poison could only have been an infer ence. Then, however, it would have been an infer ence from a fact ; here it was sought to make an inference upon an inference—nay, rather against the facts. Fur the evidence rather tended to show that he was not there on that night—at any such hour as is supposed; or that if he were, she could not have seen him. Was this a case to characteri se as one in which there was not "a link wanting," and in which there was no "loophole for escape 1" We rejoice that the jury thought otherwise. (From the Morning Post) The case against Miss Smith, legally considered, was lame and defective in the extreme. That she desired to be out of the power of L'Angelier, and married to her other admirer, was perhaps estab lished. It was proved that, at dates corresponding with the illnesses of the deceased, she had bought arsenic for some unknown and as yet ill-explained purpose. The arsenic bought at one shop was coloured with soot, and that purchased at another with indigo. There was an entire want of proof of administration. Drs. Christison and Penny, while they looked for and found arsenic in the sto mac h , neither looked for nor found soot or indigo. Al though seen in the neighbourhood of Miss Smith's house at half-past nine p.m. on Sunday night, there is no proof of his having had an interv iew with her. From that hour till he was found in agony and weakness at two a.m. next morning, he is not accounted for. There is a great chasm iu the evidence. The presiding judge point2d this out. The jury acted upon this conviction. ( From the Caledonian Mercury of Wednesday.) If on Monday the interest of the public had par tially declined, it was greater than ever on the 7th day. From an early hour, a crowd besieged the doors of the Justiciary Court ; standing room was hardly to be obtained ; and the pressure from be hind became very severe. At lair, the doors were opened. Like a pent-up mountain torrent, when swollen by melting snows, it sweeps away au ob stacle interposed by accumulated ice and boulders, the multitude surged in, and would, half-bewil deied, havelost themselves in the passages, had they not been prevented by iron inner gate-i, and the policemen who stood by each, as the genii loci. In a minute the whole of the portion of the court allotted to the public was filled. At ten, when the proceedings were resumed, the hall was more crowded than ever. The side galleries appeared, by a curious process of compression, to have ac quired the power of holding nearly double the number which they had formerly contained, crowds were standing near the further ends ; and even the gallery passage behind the judges, where the .anopy projecting above the dais forbids a view of the speakers, was filled with attentive listeners Of advocates especially there were present a greater number than Incd previously attended, eager to be witnesses of the single contestin which were now to be engaged two of their foremost leaders. In the earlier stages of the trial the ability of the counsel engaged was conspicuously displayed in the rapid examinations of the Lord Advocate, the searching questions of the Dean .of Faculty, and the confident assumptions of Mr. Young, so diffi cult to deny. Yesterday, however, the great battle really commenced. Hitherto there bad been, as it were, marching and counter-marching, manoeuvring and concentration of forces; now the leaders began to marshal in array the opposing bodies of evidence for the struggle on which the fate of the prisoner depended. In regard to the SECOND CHARGE, the jury find, by a majority, a verdict of NOT PROV EN ; which charged that Madeleine Smith, on the 221 or 23d of February (Sunday or Monday), in the h o use at Blythswood-square aforesaid, did administer, or cause to be taken by the said Ernila L'Angelier, a quantity or quantities of arsenic or other poison, in cocoa, or in coffee, or in some other article of food or drink, or in some other manner, with intent to murder him, and that is couse- MURDER], the jury, by conse quence of taking the said poison that he again suffered severe illness. In regard to the THIRD CHARGE [the charge of a ma jority, find a verdict of NOT PROVEN ; which charged that Madeleine Smith, en the 221 or 23d of March (Sunday or Monday), in the house in Blythewood-square aforesaid, did administer to, or cause to be taken by the said Emile L'Angelier, in some other articli or articles of food or drink to the prosecutor unknown, or in some other manner to the prosecutor unknown, a quantity or quantities of arsenic or other poison to the prosecutor unknown, and the said Emile L'Ang e li e r having taken the said arsenic or other poison, or part thereof; administered or caused to be taken by the prisoner, he did immediately or soon after suffer sever e i:l oe ss, and died on the 231 of March, in consequence of the said arsenic or other poison raaviLg nin When the L or d Ad vocate rose t o a ddress the jury,. the accu se d t urned towards hi m , a nd watched I uneasily and re s tl ess l y . S oo n she recovered her self-possession, and retained it during the greater portio n o f hi s speech. kl er veil, however, which had been raised as she ascended the stair into the court, bad ww fallen, and this was not to be wondered a t. A un i versa l s il e nce prevailed in the court, The Solicitor-Cieuerai sat motionless, tion, called upon the jury not rashly to tear asunder the veil of mys ery in which Providence had wrapped this case, and said, so assured did he feel of what the verdict ought to be, and so personal an interest did he feel in the result, that, should there be a miscarriage of justice in this case, he should be able to attribute it to nothing but his own inability to conduct the defence, and the re collection of this day and of this prisoner would haunt him as a dismal spectre to his grave. May, he said, the spirit of all troth guide you to an honest, just, and true verdict ! but I pray you to remember that no verdict will be either honest or just or true unless it at once sa tisfies the conscientious scruples of the severest judgment, and yet leaves undisturbed and unvexed the tenderest consciences among you. A burst of applause followed the conclusion of the learned counsel's speech. The Lord Justice Clerk then charged the jury. He said that the crime of murder by poisoning was one al most always secretly committed, and two cases only, he believed, had been known in this country in which any one had seen the admixture or the administration of the poison. It was a crime which generally must be proved by circumstantial evidence aline, but they muse, en the other hand, take care that the circumstan tial evidence was such as excluded the possi bility either of innocence on the one hand, or of unexplained mystery on the other, and they must not al low any defect in the evidence to be supplied by suspi cion, still less by presumptions arising from probabili ties in the case. They must be satisfied that the parties were together when the poison was said to be adminis tered. They must be satisfied that there was a purpose to administer poison, and that the accused had the peison in her possession ; and, further, that it was administered on the particular occasion and in the circumstances set forth in the indictment. It was unnecessary for the pri soner's counsel so solemnly to abjure them not to quench a doubt in order to arrive at a verdict of guilty, for he was sure that if the result of their deliberations should be to pronounce a verdict of guilty, is would only be wrung from them by the most powerful and conclusive evidence. Though they might not be satisfied with any of the theories propounded in behalf of the prisoner, though they might not be inclined to adopt any of those notions as to the deceased taking laudanum twice in the course of the journey, as to his being in the habit of tak ing arsenic, or as to her using it as a cosmetic, though all these matters may fail in her defence, yet the case fer the prosecution might still be radically defective on the evidence. His Lordship then went into the evidence, cemmenting on i; as he proceeded. He referred to the fact that the deceased had his first illness some days at leai:t before the prisoner was proved to possess any ar senic, and said it would not do to infer from her having purchased arsenic afterwards that she had it before. That would bea serious and violent presumption against the prisoner indeed. In reference to Mrs. Jenkins evi dence, he referred to L'Angelier's remark to the latter that "It was the letter you sent me that brought me home," by which the supposition as to his having come to see Mr. Mitchell was excluded. In regard to the de ceased' second illness of the 22d of February, he said that if there was no proof (and they would see what light the correspondence threw on that subject by and by) that the prisoner ti ad the opportunityof administering arsenic, there was much force in the remark that the foundations of this case were shaken. His Lordship then remarked on L'Angelier's repeating, even in his last illness, that it - was bile, was of importance as showing whether or not he had any suspicion of having received anything to injure him. His lordship next adverted to the letter the deceased received at the Bridge of Agin, which said " Come, beloved, and clasp me to your heart," plainly implying that the former and missing letter made ar rangements for an interview within the house. As to whether the deceased had gone to seek the' prisoner on the Sunday night, they would perhaps think the proba bility was that he did so. Whether he succeeded in find ing her was another question. Suppose that letter brought him to Glasgow, were they in a condition to say that they were satisfied in their consciences, as an ine vitable and ju-t result from the evidence in the case Ow they really met that night ? That was the real point in the case. That they might have a strong moral suspi cion in the matter—that they might believe he was well able, after all their clandestine correseondence, to obtain the means of an interview—that as she had complained of his not coming on the Thursday, she " waited and waited" for him not only on the Saturday but on the Sunday evening—that might be all very true. Pro bably they all thought so ; but they were trying a case of which the evidence must be setisfactory, complete, and distinct. A jury might often safely infer certain facts from correspondence, they might safely infer that meetings appointed to take place since did take place, but it was for them to say here whether it not having been proved that ho was in the house that night by any one, they could hold that that link in the chain was sup plied by just and satisfactory inference If they merely felt in their own minds a strong suleiciori, cr that tee whole probabilities of the Case were in favour of it, it was not enough, for if that was all they could derive from infe rence in the matter, then a link remained still wanting ; the catastrophe and its aFeged cause were not found to gether. His lordship proceeded to read further portion 3 of the evidence, remarking that whether or not the pro• secutor's case ha I been made out, the theories urged in defence were of the most unsatisfactory kind ; but they could not from that supply any defect, if detect there existed, in the Prosecutor's proof. His lordship bad gone nearly half through the parole evidence when the court adj owned till the next morning at nine o'clock. VEIMICT OF THE JURY. NINTH DAY.-MURSDAY, July 9. The Court me th a moreing at 9 o'elueir,vvhen The Lord Justice-Clerk proceeded with his charge to the jury. Remarking oh the recovery of the litters found in the reposit ries of L'Angelier, he said that a! though the method of procedure which was adopted had been loose irregislar, and sloienly, it did not appear that the peeel bad suffered any prejudice from the want of any of them. As to each letter being ire its proper envelope, in the first cart of the correspond ence it did not much signify whether such were the case, because there was no doubt that those passionate. letters written by the prisoner declaring such strong love for L'Angelier, and some of them expressed in very licentious terms, had been written by her at some time or other. Complaints bad been made as to the difficulty of getting access to the correspondence on the part of the prisoner. On the whole it appeared to him that the facili ties afforded to her for conducting her defence were such as no other panel bad ever had. Commenting on the evidence of the female servants, he observed that a material part of this evidence was, that it showed th on one occasion an interview tock place between prisoner and deceased in the house, and that there were ample facilities for the prisoner admitting L'Angelier to the house, if she wished it, without any one in the house knowing of it ; so that it there was evidence otherwise sufficient t ) satisfy the jury that he went to the house on the night of- Sunday the 22d of March, there was nothing in the fact that he was not heard. On this point there was also the fact that the prisoner got out of the house on the Thursday morning without this being known by any one. As to the story about using the arsenic as a cosmetic, he confessed that he looked on it as a false pretence altogether, and an excuse for the pos session of the arsenic; this stery, therefore, was not of the slightest importance at all. There was no doubt that on the night of the22d, after his return from Bridge of Allan, he went out in the (Erection of the panel's house. With reference to the illegibility of several of the postmarks on the letters, he observed Oat the attention of the Post-office authorities had been called to the necessity of their being mute more distinct by Lord Campbell in a similar case, and by h.mself ; and consi• dering the importance of this point to the ends of civil and criminal justice, he trusted' this would be the last occasion on which these marks would be so carelessly impressed. Revering again to the probability of an interview between the prisoner and deceased on Sunday, his lordship remarked that as she had waited for him one night according to appointment, and another night after that, and then wrote another letter, imploring him in terms professing strong passion for him, to come and clasp her to his heart, it would not be wonderful if she expected that he would come on the Sunday night, though the appointment was for Saturday night. Com ing next to Miss Perry's evidence, he remarked on the fact that L'Angelier had said to her that on two occa sions before he took ill he had got coffee or cocoa and chocolate from the panel. They had no proof that the panel had arsenic in her possession on the 19th Feb., and there was no evidence of any meeting on she 19th, except what was drawn from the letter, the date of which the Lord Advocate fired for the Wedeesday. But here was a statement by the dead man, good and competent evidence ; and the jury must juege of the weight of it. He mentioned at Portobello that he was ill after getting coffee and cocoa, and that he thought he had been pot sooad, and again to Miss Perry he said, "I can't teink why I was so unwell after getting that coffee ded choco late from her." This most unquestionably referred to two different illnesses, each following the getting of coffee and cocoa or chocolate from the prisoner. Toe jury must judge whether this conversation with Miss Perry was of importance. She did not interrogate him on the subject, and she seemed very properly to wish to banish the thought from his mind. Still this was said in earnest, and Miss Perry stated on oath that she thought he entertained some suspicion of the panel, though not a serious suspicion. It was true that Miss Perry knew the intimacy between the two parties was clandestine ; tbat was strange conduct in a person of her respectability and of her age ; but sometimes they would find that ladies at her time of life had a good deal of absurd sentimentality about them, and this lady seemed to have had . considerable pleasure in being tie confidant of the attachment be tween these two young persons.' It might be explaned in this way ; but h e did no t t hi n k it co uld be doubted that she was a t ru thf u l witness. The j ury mus t, how ever, consider whether all this amoun ted to more than to give rise in th e i r m i n d s to very great suspicion, which might not warra n t th em in coming to a conclusion that he did not get poison. must T heyremember that though he was ill on these occasions, and seemed to ascribe it to cocoa, there was no proof that the attack was re ally o eaused by arsenic on eith er o f t h ese two occasions. The symptoms corresponded with th ose of irritant poison, no doubt, but then they might al so be the symptoms of bilious attack ; and the jury must coniside they were warranted in confiding on his statemenwtsh,eitwer o ver strongly made, to Miss Perry, that th ese attacks arose from some poisonous substance, it did not signify what. Prisoner bought arsenic on the 21st of February. before the secon d illness, and there the fac t o f her pos sessing it on that occasion of course gave much greater strength and point to his remark,' that he did receive something which had made, him iii, on the 27th of Fe bruary. As to the evide nce for the defence, that he had on one occasion threatened to t . brow himself from a window in tbe Rainbo w Tavern, his Lordship observed that as the witness was in bed at the time, the de ceased had ample opportunity to have thrown bireseit over, if he had been so inclined, befo r e the witness could with hit; arms folded, and his mild grave eyes L.anal and iiiiiitary intelligence. steadily fixed on the, ground ; while the junior 1 --___,...._ counsel for the Crew°, Mr. Mackenzie, look d ' The order f a. the etnba, ka' on of the officers and alternately a*, hi principal and a printed paper' which he held in his hand. On the further side., men of the Bth and 53d Regiments at the provi of the table sat the counsel for the defence—the sional battalion, Chatham, to join the service com- Dean of Faculty, listening calmly but with com- panics of their respective regiments in Bengal, has pressed lips, now and then taking a brief note I been countermanded in consequence of the autho with a peu which he held in his hand ; Mr. Georae rities requiring the East India Company's troop- Young looking cot ly - at the jury, as if to put ship Cressy, in which they were to embark at them at their ease ; and the junior, Mr. Alex ander Moncrieff, writing as fast as his pen . Gravesend to-morrow, to convey a portion of one could fly for the service of his seniors. The of the regiments ordered to India. Lard Justice Clerk is at once listening to To-morrow detachments of the 50th and 90th the Lord Advoca'e, and investigating a printed Regiments will sail from Liverpool for India in the copy of the letters, or his own notes of the evidence. screw steam ship Prince Arthur, 1,600 tons. Lords Ivory • and Handyside are listening in tently, their eyes fixed on the speaker. Two of Detachments of the 50th and 77th Regiments arrived at Liverpool yest_rday from Dublin in the the other judges, who are also present, listen, but s now and then turn to survey the court. The jury, steam-ship Prince. They proceeded to Colchester. finding themselves personally addressed, become The Ulysses sailing tran-port embarked the more fixedly attentive than hitherto, and several troops before reported yesterday morning, and dropped out to Spithead. She sails this morning take snuff to clear their understanding. In one of the seats allotted to the Glasgow reporters an artist for India. is making a sketch of the crowded court, the wig- The Rhadamanthus steam storseship, Master thronged gallery on the further side, the accused Commander Brown, Woolwich dockyard to ship a was yesterday taken into the herself, and the oiler actors in the great drama inner basin of now in progress, evidently with a view to its pro- cargo of steam machinery for the western yards. ducion in some illustrated newspaper. Meanwhile The Rhadamanthus has assumed the appearance the Lord-Advocate, having made some preliminary of a new ship, having been renovated throughout. remarks on the verification of the letters, and the Mr. Robert L. Harris has been appointed as manag,-mont of prosecut'on in other respects, en- sistant clerk to the Ganges ; and Mr. Cuthbert R. tered upon the more vital parts of the case, and be - Rodham, assistant clerk, to the Ajax. gan to draw the dark and mysterious outlines of The 25th Regiment consisting of 660 men, ar rived at Dover from Manchester yesterday morning this strange and lamentable story. One by one, i each of the links of evidence was rive - ed into its in two special trains at 9 30, and were played to place. He traced the course of the relations be - their barracks at the Western Heights, by the tween the prisoner and the dead man ; and read band of the 42d Royal High!atders. An almost many of the letters, of which, parts had been for- miraculous escape from death occurr e d while thefirst special train was running between Betchworth and merly submitted by the clerk of the court. Very 'the Reigate Town station on the South-Eastern different were they read now ; the passionate ap- Railway. A child bel ng;ng to the wife of one of peals which - they contained ,fell from the speaker's t lips vehemently and truthful, with the vividness the soldiers, a fine boy about 7 years of age, was of an able actor. The prisoner shuddered. Then leaning out of the window of the carriage in which he entered upon the proof ; and, by the aid of a he and his mother and others were travelling, when multitude of little points of circumstantial evidence, by some.means he overbalanced himself and fell unveiled the secret history of the deceased and the out on to the line, the train at the time running at accused during the months of Feb. and March—an fu l l s p eed, or at the rate of 40 miles an hour. The mother of the boy was with difficulty restrained investigation which had to be all the more minute in consequence of the rejection of L'Angelier's from jumping out of the carriage atter him. On pocket-book as admissible evidence. Towards the the arrival of the train at Reigate Town men were i close of a speech of five hours and a half, he exa nstantly dispatched down the line in search of the c mined and rejected the various theories that might child, who was found lying between the two lines of r be propounded on behalf of the defence, and. fixed, rail, comparatively uninjured, the collar-bone only ' as it were, the final link in declaring that, unless being fractured. What renders the escape more on the fatal night of the 22d of Marcia, the de- remarkable is that the second special train, con ceased had an interview with the prisoner in her veying the remainder of the troops, which was fol father's bailee in Blythawood-square, the idea of lowing close behind the first one, passed the child suicide, in the absence of motive, was impossible ; without doing him any injury. The little sufferer and that if it was admitted that he had been there, is now under tie care of the regimental eurgeon at the evidence against the prisoner was perfectly Dover, and will probably soon recover. overwhelming. In many of the most terrible dramas, whether of real or fictitious, life, there occurs some circum stance, which, of itself ludicrous, only beightens the effect by contrast ; as when poor Hamlet jests with the men who are digging a grave for the lady of his love. Thus, if it had not been for the s'..lemn nature of yesterday's proceedings, it would have been positively amusing to have watched the coon tenauces of the jury changing during the con tinuance of the Lord-Advocate's speech. At first, they were only attention ; then they became graver ; and by degrees their faces lengthened and lengthened, and the corners of their mouths went down. It appeared as if they had been formerly easy in the idea of having to discharge a more agreeable office, and were now awakening t o a pain ful sense of having to fulfil a stern and t erf ible Tears stood in the eyrs of two of the jurors ; but this may partly be accounted for by the magnetic influence arising from the fact of their being stared at by one man for five and a hilf hours, and staring at him iu return. Be this as it may, it will be curious to watch the reverse of this proceeding to day, when the Dean of Faculty will draw the oppo site stt BETTING HOUSES IN THE CITY. Yesterday, James Merry, who was a short time ago convicted at the Mansion-House before the Lord Mayor and Alderman Wire, of having used a room in a house in Talb o t- court , r acechurch-street, for betting purposes, and sentenced to imprison ment for three months, appealed against the convic tion. - The appeal was heard before the Recorder and Aldermen Sir R. W. Carden, Cubitt, and Hale, at, the Old Bailey, and was supported by Mr. Ribton, Mr. Bodkin appearing for the repon dent. Mr. Ribton made an eirnest application for the postponement of the case, upon the ground that he had not had time to look into the case of his client. The Recorder at once refused any delay. Mr. Ribton then objected to the defect in the information, the number of the house in Talbot court not having been specified. The Court overruled the objection without the slightest hesitation. (Front the Caledonian Mercury.) The last and decisive day of this great trial has at length arrived. Of alltbe eight preceding, yesterday was perhaps the most exciting; for it was known that the Dean of Faculty was to address the jury, and his well-known abilities collected a greater assem blage than ever. The rush made by the crowd into the larger gallery at eight was alarming—par ties, in a wild hubbub, bounding over the benches down to the front—and it had abated little during the two hours that elapsed before the commence ment of the proceeding'. At ten, the galleries were filled to overflowing •, the back of the gallery behind the Judges, and the windows in that part of the Court, were crowded with persons standing. Several daring individuals sat in the corners of the galley with their legs dangling over the front, and hats were deposited in perilous positions on narrow ledges beneath. For the first time, the Court and Jury were in their places 1), fore the prisoner entered. Miss Smith naturally appeared somewhat worn, owing, no dotibt, to the painful and protracted excitement'of 'the last eight days, which must have been all the more intense within, because its outward manifes tations were almost always so effectually subdued. The Dean, on her entrance, went up to her, and spoke a few words to he-, smiling, in an encou raging manner, as he has done ever since the third morning of the trial. Then, after the opening of the Court, and a brief pause, he rose to address the jury. Slowly he rose, and slowly, solemnly, and mournfully, the words fell from his lips. At first his voice was low, and yet it wa" always so distinct, that from the beginning to the close of his - speech, it would have been difficult for any reporter to have lost either his words or his mean ing. As he proceeded, his voice swelled louder and louder ; his right hand, which at first was laid upon the table, was waved in demonstration to the jury ; his eye-glass was occasionally raised to his eyes, as he read some portion of a letter, to show the devoted love which the prisoner bore to L'Ange lier ;and his lips projected in contemptuous scorn when he spoke of the man who could corrupt and betray her. Without following the Lord Advocate very rgainu'ely into all Vie circumstantial evidence which the latter had adduced, he struck boldly at the princif al points of. the accusation, and argued that they were, in the circums'ance, incredible. The eye-glass being found inconvenient, a pair of spectacles were substituted. Every word was em phatic ; every sentence was delivered in a powerful and deliberate manner, which chained for the time the mind of his auditors into a feeling that it was utterly impossible that he could be in the wrong. As be advanced, he became more vehement in his language, more excited in manner, more filled with loathing and horror at the wickedness of• the man through whose vile agency " a gentle, pure, and affectionate girl, the pride of her father's family," had fallen so low as to be capable of writing these painful and disgusting letters, and then attempt to use them against her as an engine of terror and op pression. His emotion increased as he read to the Jury, in quivering tones, the despairing letter of the 10th February. It was in the last half hour, however, that his eloquence became irresistible , a nd carried all before it. . Every muscle of his face, every gesture of his hands, every motion of his tall and commanding figure, every tone of his deep and powerful voice, told part of the story. It would be utterly impossible for one who merely reads his speech to comprehend the influence which it ap peared to exert on the minds of those ,who heard it, when deprived of the auxil ary power of his almost irresistible manner. Perhaps the most telling part of the thole was his introduction of the story of Eliza Fenning, and the warning which he drew from it : while the solemn and awful appeal with which he concluded thrilled through the souls of all in Court, and will be remembered by them to their dying day. If the Jury hard consulted im mediately, the result could hardly have been doubt. ful. After an attempt at app'ause, which was in stantly checked, and a brief resting-time, the Lord Justice Clerk commenced his charge. At first, while the echo of the eloquent words to which the CoUrt had just listened, had hardly died away, their power appeared to have extended to the bench ; but, as his lordship proceeded with the re capitulation •of the evidence, their influence was lost. Butt, who gave the principal evidence on the occasion of the examination at the Mansion-House, was then called, and examined, and his testimony did not differ in the slightest degrea from that whi,l he had so fully given in the first instance. The conviction was confirmed, and the prisoner was sent tb prism to serve the three months to which he had been originally sentenced. Mr._ Bodkin• said the Court Might form some ( pinion of the mischief done by houses of the kind from the statement he had to make, that from the bank book which the defendant acknowledged to be his, it appeared that within the last ten months 15,600/. had been paid in to the defendant's ac-' count, and that no more than 800/. of that sum had' been drawn out. The Recorder expressel a fervent hope, that the result would have a wholesome effect upon society., THE MURDER OF MR. LlTTLE. — Yesterday, at "the evimiriation of Spolieu at the Dublin Police-court, the hammer and razor found in the canal, were proved to be the property of the accused. The furth er hearing of the case was adjourned to 'Monday next. [ADvxarlsXmoNr.]—The greatest happiness of a journalist is to introduce to his readers some new discovery calculated to benefit that vast portion of our fellow-creatures which has the strongest claims upon our sympathies. It is with this feeling that we call the attention of invalids to the following extracts from Du Barry's interesting Report of Cures without medicine of Indigestion (Dyspepsia), Flatulency, Constipation, Nervous, Bilious and Liver complaints , Cou g h, Asthma, Consumption, and Debility, by Du Barry's Reva lenta Arabica Food. Cure No. 180. —Twenty-five years ner vousness, constipation, indigestion, and debility, from which I had suffered great misery, an d which uo medicine could remove or relieve, have been e ff ec t ua lly cured by Du Barry's food in a very short time.—W. R. Reeves, 181, Fleet-street, London. Cure No. 1,784. --Not expected to live six days longer, I was cured by Du Barry's admirable Health-restoring Arabica, Food.—Magdalena Purvis, Moffat, Scotland. Cure No. s,46l.—Sixty years' partial paralysis, affecting ouo-half of my frame, and which had resisted all other remedies, has yielded to Du Barry's Health -restoring Food, and I now con. sider my se lf a stranger to all complaints excepting a hearty old age.—Wm. Hunt, barrister-at - law, King's College,Cambridge. 'bupported by testimonials from the celebrated Professors of Chemistaky, Dr. Andrew tire ; Dr. Shorland ; Dr. Harvey , Dr. Campbell ; Dr. Gattiker ; Dr. Wurzer ; Dr. Ingram Lord Stuart de Decies; the Dowager Countess of Castle. Stuart; Major-Gen. Thomas King, and many other respectable persons, whose health has been restored by it, after all other means of cure had failed. For further particulars ea s pact,. lag this invaluable food our readers are referred toDu Barry's advertisement in another part Of this paper. Country Markets. BOSTON-JULY 8. We had a moderate supply of grain at to•day's mar• ket, and fine fresh qualities of wheat met a fair sale at previous rates; ordinary runs at rather oasier terms, the demand being retail. Beans and oats as last quote . d. Prices :—Wheat, red, 53s Od to 65s Od; new, —s to —a ; white, 643 Od to 61s Od , extra, 695. Barley, 40s Od to 410 Od. Oats 25s to 31s. Peas, 4471 to 443 Ud. Beans, 460 Od to 49s Od per qr. NEWARK-JULY 8. A good attendance and a plentiful supply of grain of all kinds, at fully last week's prices. Wheat, white 68s to 70s, red 64s to 675; barley, malting —s to --s, grinding 36s to 38s; oats, 24st. 32s to 363, 22st, 23s to 365; beans, 4is to 50s; malt, 73s to 80s; peas, 483 to 50s ; tares, 44s to Us per qr. LOUTH-JULY 8. Our market this morning was thinly attended, and there was little business transacted, and prices unaltered. Wheat, 60s to 65s ; extra, 66s ; barley 41s to 445; oats 24s to 28s; beans, 44s to 48s. MANCHESTER-JULY 9. A small attendance to-day, and a very limited business doing in wheat or flour, inferior qualities being quite un. saleable, and American red wheat declined 2d per 701bs. on last week. Beans, oats, and oatmeal were in fair re' quest at about the prices of last week. GLASGOW-JULY 8. An fair attendance at our market to-day, but there was a mere retail business. Wheat met a decline of &l to is per boll, and flour is per sack and 6d per barrel. Oats were offering at 3d to 6d cheaper. Barley steady. Beano firm. Peas a slow sale. Indian corn neglected. EDINBURGH GRAIN.-,TuLy 8. The supply of grain of all kinds to-day was large. S A IeS quick, and prices up, except barley. Wheat, on the top, Os 61 up, and on the average. 23 Od. up. Barley, 4s Od down on the t o p, an d i s 8d down on the average. Oats on the top is 3d up, and a the average Os 41 up. Beans on the top is Od down, and on tho average 2s lld up. AVERAGES PER IMPERIAL QUARTER. Wheat £2 8 7 6-12ths. Do. new -12th. Barley Oats ' 1 10 9 3-12ths. Beans -12ths. Total Supply and Sales. Wheat 1588 qrs sold 1116 qrs Barley 2Bl qrs sold 88 qrs Oats 930 qrs sold 613 qrs Beans 42 qrs sold 34 qrs. DERBY SMITHFIELD.-JULY 7. There was a full supply of fat beasts to-day, with a fai r attendance of buyers. The demand flat, and a few unsold. The supply of sheep and lambs was very good—the for' mer a heavy sale, the latter readily disposed of. A largo supply of calves, and few buyers. Fat pigs a full average number, and a heavy sale. The following were the quotations :—Beef, bid to 7 . 41 mutton; 7d to %cl ; lamb, 8d to tAd ; veal, 61 tc 6,1 d P 0 „ 1 , lb. ; pigs, 10s Od to. 108 6d per score; rou g h f a t, 5 s 3d to 0 per 141 b.; hides, 44d to 6 4 d per lb ; calf- s ki ns , 4 4 d to bid ; er lb. BIRTHS. OF A 801{. On the sth inst., at Stockwell-crescent, Clapham4oad , Surrey, Mrs. Thomas. On the Bth inst., at Foulsham Rectory, Norfolk, the wife of the Rev. James W. Bird. OF A DAUGHTER. On the 7th inst., at lektiorth, the Lady Arthur Hervel. On the Bth inst., at 6, Charterhouse-square, Mrs. Geo. Wakeling. MARRIED. On the Bth inst., at Walton-on-Thames' W. Christophe r Daniel Deighton, Esq., M.A., Fellow of Queen's College, Cambridge, barrister-at-law, of the Inner Temple, to Ague B ston, the seconi daughter of Jonas Wilke, Esq., of OW land's-park, Walton-on-Thames. On the 7th inst., at Hornsey Church, Alfred P. Borley' of Hampstead, second son of John Borley, Esq., of Cromer street, Gray's-inn-road, to Ann Sus anna h, e ld es t daughte; of William Batting, Esq., of Cam om il e - s t ree t, c ity, as, Clapham. D I:E D. On the oth inst., at Blackheath-park, Robert J. Hood' Esq., of Bardon-park, 'Leicestershire, aged 6:3. On the Bth inst., at 1, Upper Portland-place, Genera Sir Charles Egerton, G.C.M.G., Colonel of the 89th ReV meet, aged 83. On . the 7th inst., at 20, Dorset-street, Portman-squar e, Jean Albert Gui gnar d, E sq., l ate o f F o l ey - p l ace an d Si' . villa-row, :Ted 91. On the 7th inst., at Finchley, Alfred Moul, Esq., Pe a 33. On the 7th inst., at Brentford, Mr. Charles Lutwynh e Allen, aged 65. Roun d On the 7th inst., at East-hill, Colchester, Geo. Esq., aged 55. • On the Cth inst., at 8, Upper Hyde-park-street, Beni min Hunt, Esq., aged 19. LONDON : Printed-and - Published by MURDO YOUN ° : of No, 112, Strand, Printer, at The Sun Office, Sf: 112, Strand, in the Precinct of the Savoy, in the coal" of Middlesex, Frldal, July 10, 1857. The Peat ' is larg - -wit' Will all Itailwa thus n sent in ash spec ral ~ Good 4 • Good plat u• Lapnd wat 6• Land ricu Th e t retnel y qaraet e their ano complete outlay fc A care Ma rket . Of and T r° • th e facts Y t he Prep ( .le- fth Wheri Cot) I ' 7 lll Pro , t f aQ " at rest. t i I • 47 4 '1 I/ Pre Charter, beinnre 1 of which h olders 20 S1, 6.. With cou annum, t he above , th e Princ do n, at t each bon The , rebruars payable i ro v i s i a/. London . in t bondss in 44 % Per A. l ip. ) , re se 0— bein "-ed th e g. att I ' l o4 b b en tai to Probal " 4 "re bee Ile e ( • l at Z Ned ie rai This 10.° abl e lea till thee e SPeCt, lo ats. 3 I