The Express.
London, England, 1849-08-13 00:00:00

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ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.
DEVIZES, AUGUST 9.

Cows Corn—noon Ma. Jeans Common.
THE CASE Op POISONING AT WESTBURT.—Rebecca
Smith was indicted for the wilful murder of Richard Smith,
by administering to him a quantity of deadly poison called
whito arsenic, on the Bth of June, and on other days between
that and the 12th of June, on which day he died.
Mr Slade and Mr. Lopes were couneel far the prosecution,
and Mr. Hadow for the prisoner.
The facts of the case were these.—The prisoner was
the wife of P..ilip Smith, a labourer, residing [at West-
bury. They had been married 18 years ; she had been the
parent of 11 children ; all of these children, with the
exception of the eldest, died in extreme infancy. The pri-
soner. with her husband, had resided for many peacoat Bret-
ton, but about three years since they removed to Westbury.
The child 11 chard Smith, whose death the prisoner was
I charged with having caused, was born on the 16th of May
in the present year. It was full-grown, and was a fine
healthy boy. It continued well up to the 7th of June, on
which day it became sick, and on the 12th of June it died.
Certain suspicions having been need in the minds of the
authorities, the body of the child was disinterred. The in-
testines were titen submitted to the investigation of two
medical men, who having found arsenic, the intestines
were taken to Mr. Herspath, the eminent chemist of
Bristol, and he found solid arsenic in the at nisch ; and,
from the appearance of the stomach, the medical
men were clearly of opinion that the death had been
caused by arsenic; and, as the child was not more than there
weeks old, it was evident that the poison must have been
administered to it by some one, and it must hsve been given
at different times. The important question then arose, by
whom was the arsenic administered ? Before her confine-
ment, the prisoner had asked at different hone a for poison,
which she stated she wanted to destroy mice. Persons who
lived in the prisoner's house stated that they had seen
or heard of rats or mice thee e, nor had they heard the pri-
soner complain of them. On the 25th of May the prisoner
sent for a girl of the name of Caroline Mackey, and wanted
her to go to Mr. Taylor's, the chemist, and buy a penny.
worth of poison for her; the girl's mother, however, wou d
not suffer her to do so, and the girl did not go. On the 7th
of June the prisoner saw a woman of the name of Prudence
Mead, and, after some conversation, the prisoner said she
wanted to buy a pennyworth of polo in, but, as she could not
obtain it without a witness, she begged Prudence Mead to
accompany her to Mr. Taylor's shop, as she said she had so
many mice that she could not put anything out of her
hands fcr them. Prudence Mead accompanied her to Mr.
Taylor's, and there the prisoner asked the apprentice for a
pennyworth of poison. The apprentice asked her what
kind t She said she did not know. He took down a bottle
of white arsenic, and told her what it was. She said that
was the kind she wanted. He said it was a very dargerous
thing. He put her one drachm on a piece of paper. He
then folded up the arsenic in a white paper and wrote upon
it "Arsenic—poison" in large letters. He then wrapped it
in a blue paper and tied it up and gave it to her, and told
her she must be very careful of it, and be particular to keep
it out of the way of children. The prisoner said he need not
be afraid, as she was not going to use it herself; it was for
her sister at Bretton, who was infested with rats and mica.
The sister, however, stated that she had not asked the pri.
loner to get any poison for her, though she had rats and
mice in the house. The poison having been thus obtained
on the 7th of June, the prisoner returned home. Tbe
child had had some boils on its ears, but had been
otherwise well ; but on the evening of the 7th of
June it was seized with vomiting, and was in con-
siderable pain. The child pined and on the morning of
the 12th of June died. Then some statements made
by the prisoner were brought forward. After she was
taken into custody a woman of the name of Ann Staples
had the care of her. She (the prisoner) told her that the
girl Mackey had told a great many lies about her. She had
never asked her to go for poison more than once, although
the girl had said she had asked her to gi three times. The
prisoner then told Staples that she bad bought the poison
but had thrown it over the hedge going home, that she had
bought it for her sister at Bretton, to kill rats and mice, but
she had thrown it away because her child was ill, and she
thought her neighbours might say she had given it to the
child. Staples said that if she could tell where she had
thrown it, perhaps the police would go and find it. The
prisoner answered that they could not find it. because she
bad thrown it into the water at the back of the chapel. She
said it was tied up in two papers of white and blue, and the
inside paper had " poison " writtea on it. Before the child
war take ill, on the 7th of June, the prisoner asked several
persons if they did not think the child was " wasting," but
they said they thought it was perfectly healthy. The pri-
soner said it was very cross at night. During the illness of
the child the prisoner was advised to have medical aid, but
she said it was of no use to so young a child. The prisoner
was in a wooly state, and had very little nourishment, being
extremely poor and badly off.
Mr. Hadlow, for the prisoner, addressed the jury, and
urged upon them the improbability of a woman speaking to
so many persons shout poi-on who bad the intention to
murder her own offspring--a circumstance of it'elf so unna-
tural that it could not be believed unless proved by the most
Blear and cogent evidence. He also urged upon them the
absence of motive.
Mr. Justice Creeswell summed up the case.
The jury retired for half an hour, and on their return, the
foreman s.i I, " It is our painful duty to pronounce the priso-
ner Guilty, but we strongly recommend her to mercy.
Mr. Justice Cresswell—On what ground, gentlemen ?
Foreman.—That she may have time to repeat.
Mr. Justice Croswell, having put on the black cap, pro-
ceeded to peas sentence on the prisoner :—Behecca Smith,
lan intelligent, patient, and anxious jury have found it their
duty to return a verdict of guilty against you upon a charge
I of the most awful kind one subject can commit against
another. Murder must, under all circumst.nces, be a
dreadful crime, but I want words to express the horror of it
when perpetrated by a mother spinet her own offspring.
There may be unhappy instances in which the feelings of a
mother are stifled by an overwhelming sense of shame
which may induce her to put away her child in the desire
that its existence may never be known. We have had
dreadful instances in which avarice and the desire of gain
have led to the lame fatal result. But it is new to me
to have to inquire into a case in which a mother had been
proved by evidence, most conclusive to my mind, to have
sacrificed her own child for no traceable motive, but that
of saving herself the trouble and the charge of main-
taining it. It is, indeed, an awful crime—one which may well
call for repentance, which the jury have laid as a foundation
for • recommendation to mercy. That recommendation
will, of course, be forwarded to the proper quarter ; but 1
cannot hold out to you the smallest hope that it will be at-
tended to. The law allows a certain time for repentance
sad preparation teethes more dreadful trial which takes place
hereafter than you have undergone before an earthly tribu-
nal. I should only mislead you and turn away your
thoughts from repentance if I held out to you the slightest
hope that your sentence will not be carried into effect. It
is my duty ti impress upon you the certainty that the last
penalty of the law will be inflicted,—that within a short time
your career will close, and then you will have to account for
all the deeds you have done here, and I impress upon youths
necessity of attending to the admonition and instruction of
the chaplain of the gaol, to whose care you will be hereafter
ommitted. I entreat you to indulge so false hopes. Do

not imagine you can escape the consequences of the deed you
have done, for it is necessary, fa the security of the public,
to award that the extreme punishment should be inflicted
when as dread a crime is distinctly and satisfactorily proved.
Remember, that in a few days your life must go, and then
you will cemeteries an existence, t or good or for evil, to en-
ders fur ever. To the instruction of the chaplain then, I re-
commend you. His lordship then passed sentence upon the
prisoner, who throughout evinced not the slightest feeliag.
The court was crowded almost to suffocation. There were
many ladies of the county in court.
During the proceedings, at one answer given by a witness',
there was a general laugh, upon which his lordship re-
marked, that the barbarous curiosity evinced upon this occa-
sion was suffioiently disgusting without such grossly impro-
per conduct being exhibited.