The Express.
London, England, 1859-08-23 00:00:00

IfilIDON; TUESDAY, AUGUST 23

As extraordinary idea seems to be gaining ground
that Dr. SWETIIIJRAT Will not be executed, but that
his sentence will be oommuted into penal servitude
for life. Had Sir GEORG, Garr been Home Secre-
tary, such a step would have been far from improba-
ble, for the ease of the woman who dressed herself in
order to murder her child, and yet did not suffer the
penalty of death through the tender mercy of the
then Home Secretary, can never be forgotten. Bat
Sir COIN rw•LL LIWIS is a man deficient neither in
firmness nor in logic, and, therefore, we hesitate to
believe in the truth of the alleged rum:par. If Dr.
SM►.ruuasT a molly guilty, no more atrocious crimi-
al ever stood in the dock of the Old Bailey ; if
he be really innocent, no man wee ever more
foully calumniated, no man ever deserved a larger
compensation ; but, at the same time, no man ever
displayed fewer signs of ordinary feeling in a terrible
crisis. It is certainly unfortunate that those who
have undertaken to write upon this subject should be
so ill-informed as to matters of fact. It world have
beets well had they taken the trouble patiently to
read the facts adduced in evidence. Thus the Times
in one article asserts that the verdict was entirely
founded on medical evidence, although, as was yester-
day pointed out by a correspondent In these columns,
the circumstantial evidence contributed mainly
to the result and in another article the ease
journal asserts that no poison wsa found in the body
of the victim, though it is established that • certain'
quantity of antimony wail found there. In pbilo-
criminal circles it is made matter of complaint that
twelve Ignorant man should condemn a man to death
after deliberating only forty minutes, though it is an
obvious fact that these very men bad been consider-
ing the case for five days, and that the whole evi-
dence woe before them, and the Judge had began his
summing up the day before the verdict was deli-
vered. Writers may have what opinions or preju-
dices they please against capital punishment ; but
it w monstrous to enforce such a view by flagrantly
insisting that every man or woman found guilty of
murder, however atrocious, is really innocent. For
this is iu truth the cow,e of advocacy which the
opponents of capital punishment are inclined to
parse,.

It ie • somewhat remarkable fact that those who
have written upon the murder have not, with one or
two easeptioen, been present during the trial, sad
awe therefore, according to the theory of trial by
mutabsolutely incapable of forming a right
t. No doubt there ere certain cases in
which a just conclusion may be drawn by one who
rude the evidence es it is reported. Bat there are
other cues in which the actual conduct of the
prisoner and the demeanour of the witnesses during
the trial are of vital importance. Indeed if this were
not so, Trial by Jury would be a useless expense, and
an unpardonable waste of time. The trial of Dr.
SMITIICIAT was a striking instance of the im-
portance of seeing the prisoner and the witnesses.
How is it possible to realise delouse:an between the
appearance in the wither-hen of Dr. TODD, Dr.
JULlts, IN, BIRD, and Dr. COP LAND, sad that of
the Professors of the Grosvenor School of Medicine ?
It was impossible to hear the samession of medical men
who actually attended Mee BANNEA without being
struck with their sober and disinterested truthful-
ness. It was impossible to listen to the author of
the theory of " angina pectoris" in PALMER'S case,
and his colleagues, without being impressed with the
rashness of their speculations, and doubting the Kra-
racy of their observation. Again, it is irapcm
Jibe to describe the effect produced upon
the awe-struck audience by the cool volu-
bility with which the convicted murderer
discussed the arithmetical details of his share
is Miss HANNA)? mortgage mousy; or the
collected impudence with which he stopped with his
hand the Judge who was about to commence the
final address. True, this demeanour, being subse-
quent to the verdict, could not have influenced the
jury, but to thou who saw it the opinion of the
jury was singularly confirmed. The crime couged
needed consummate coolness and iron nerve. The
man who could condor: himself as JMETDDRAT did
before the court was just the sort of man capable of
the crime of secret poisoning. In abort, what-
ever opinion may be entertained as to the guilt
Or innocence of SMITHICR•,T by those who were not
present during the trial, it would probably be im-
possible to find any individual present during the
tria; who entertained adoubt upon the subject

After all, the train of circumstances leading to the
Surest of Miss BASKIS is not so difficult to follow.
At first sight, ne doubt, it seems mysterious enough.
Why should this man, who had already retired from
active professional life with an independence, involve
hiuistlf by marrying another woman and then
poisoning her ? The truth is probably this. It is
abundantly clear that Miss BANKER had • real affec-
tion Um SULTIV IST. hhe had evidently conceived
a pass,on for him. SMETHURST'S wife was very
old. Ile no doubt thought--indeed he openly
said—that she could not last long. Having
ascertained that Miss BASKES had some money,
he probably thought that he might conceal
his double marriage until his wife wae out of the
way. If the scruples of Miss BASKP.S could have
been satisfied, it would have been infinitely better
for bsthauvarr to hate obtniuvd possession of her
prom without going through the ceremony of
giggerisge. But this turned out to be impossible.
The only course left we. to assure !CM BASSES
that the old woman with whom he lived was not

really his wife, and that therefore he was in a position
to ointract a marriage. Yielding to this represents.
tine, Mies Basin went to Battersea Church, and
subsequently to Richmond. Up to the moment
of the marriage it may be questioned whether
lisernuniir had say definite design upon the
He of the lady. But as soon as the mar.
riage ceremony was completed Ssernuitsr
saw folly the &Besides of his position. If a child
were born—and that seemed imminent—not only

woottl it iwit.ire to be baptised and supported, but
Ills• RAMIE.% ill ler ow' 41shece, "Gold assert her
nghte to bs eassiderld ea • legal wife. It this were,