The Express.
London, England, 1859-08-27 00:00:00

TO Tlil XDITOI OF THE INI'ILE.9B.

Sut,—Pray pardon ms for venturing to address
yen on a subject which at this moment occupies the attention
of Waking ma. Is Dr. Smethurst to die? In common
with Ohs wield, I have taken great interest is this ome.
listmell Menne* to the greeter portion of the trial, and
have loos rend oustally the evidence, sad I mono' see how
it weld have procured his eandeemmatke. Permit me le
say, with doe deference to the aminant judge who presided
at this trial, that his charge to tin jury wee not of the seam,
unimpassioned kind which I hale always believed to be the
duty of a judge to deliver. Carried away by his strong
moral perceptious, he introduced an elinient of sentimentality
into the charge which confounded the bigamist with the
murderer.

I do not writer tbo apologist of Dr. Sematterst's arta
previous to the alleged poisoning, but I say emphatically
that his deiertion o Woolf, earl hie felonious marriage with
less Nokia ought sot to here weighed so heavily wised
Wm. I could write at great length on the facts connected
with this case, but I shall condense as much se poesibis, end
wordy state the main points of evidence in his favour.

1. There wee no poison found in the body, Wood, or
deers sufficient to sommet for death, end the infinitesimally
small quantity of arsenic was ecoouoted ter by the pay
powder administered during life, or perhaps by Dr. Taylor's
testy, the fallibility of which are now established.
1. The symptoms previous to death, impeding to omnipotent
medical evidence, were attributable to acute dysentery occur.
ries daring premtaacy ; and evert Dr. Todd, a witness for
the prosecution, declared each symptems weld rely be ex-
hibited in ernes dysentery—the very disease of which KW
Bashes died.

3. No poison was found upon the prisoner, nor was he
known to have bought any.
4. Were Ms motives stirs enough! Was it better kr
Smethurst to get securities to the extent of 1,7001., or if Ida
statement Le trite (and it is now corroborated by his brother)
• considerably loss sum was realisable by the sale of these
securities, or to enjoy the interest ■rising from them, Vitra*,
with Miss Bank.: life interest in • sum of 5,0001., and •
condiment reversionary interest in 10,0001., all chance of
which ►e Lot by her death? I shall not enter into the
minx detail■ of this car, w►ich trees commented upon so
strongly by Chief Baron Pollock, and which might equallybsar
Us opposite interpretation to that pot upon them by him
Aerroptions are easily made. Assume that Mies Banks,
was proud by Dr. Smethurst, and it will require no very
'Mute mind to tern every act and attention of his into wea
pons of destruction. Assume, on the other band, that Miss
Beaked' died from natural cane. a, sod no suspicion rested on
Dr. Smethurst, and his conduct may be interpreted r that
of • man rl an effactionate natant, Dot unleavened by
selfishness. This may seem paradoxical, but men
who know anything of human character meet
such paychological curiosities every day. Let us
consider the case divested of extrinsic circumstances.

Forget that Dr. Smethurst detested hi. wife and entered into
a felonious marriage with Miss Betakes, and regard him as
a man untainted by the swp'cion of murder. A mutual
ettachment sprung up between Dr. Smethurst and Wee
Ilatkas, and of a more passionate nature than usually allots
in renew at their mature age. Mies Banks' is aware that
the doctor Is married. She has seen his wife, but, never-
theless, desires that the ceremony of marriage should be
gorse through; they live happily togetter for some months.
She is of unqueetioaabla delicacy of constitution, and &Sided
with local diem*, and after some lime is reboil with a
malady to which she is aubjvct. The doctor Meads to
his patiently and unremittingly. A wish is ,pressed to me
her sister; the sister visits her, and it appearing to Dr.
Smethurst that the meeting has had an iii effect apes Hies
Dankee he discourages future edit'. Dolly the dimes' grows
in strength, and &adhere, finding that his persona skill is
unavailing, calls in another medical man; a second and •
third enter upon the scene. Alas' (bait efforts us belloctual ;
the poor woman die.. Some time previous to her death,
'mein, no doubt, that pressatimsat which mum is her
guides feel, she deairee to evince her affection end con-
fidence is Dr. Baustiserst, and makes • will in his favour,
leaving Is Mae w►atever property obi posesseed. Ile, as an
samarapaisas sad worldly man would do, samosa to her
dukes ; an attorney is iatrakoed, and the will duly
exeratad. This, omitting the poisoning, or the
suspicion of vaieorties, is a resurrid of the ease; it coo•
mine within it crime so doubt, and addihnees, but not such
crime MA the law purdah's with death ; mid I feel assured
that in the present uncertainty of public feeling the
executive moat awry out tba mann, passed upon
Sanedittrat.—l am, ire., JUSTITIA.
Temple.

VALE Or LLANGOLLEN RAILWAY,—It is ander-
et.o.l that the fine sod t.f the Vale of Llanyollan Railway
aril be oat oa th• Met of the naat teoath. the floe. Yrs.
Tottenham. wife of Co:osel Tottaahata, of Berwyn Rail, are
LJangoLlea.

MUSIC.

BE4,IIFOED MUSICAL FESTIVAL.

The lint naisoollansons ocmoprt was en %redoes-
day swig. The sawmblege was very large, end the amical-
, dogs* brat, brillimetly lighted, sad crowded with the Meaty
' and leaks el Yorkshire and the northern counties, 'Lad a
key sad sitheatel aspect.
The emsert was of a very ordinary description. The Pee-
gramme till normonies slog* plow, vocal or instramontal,
thot woo ant inks familiar to the musical public. Bet a
movieeki *mow must not be judged according to the
London aisiderd. Wbst le trite sad common here easy be
asw mdf imp in Yorkshire. And, in wheeler, time
it so dam% teat numbers of pineal were most mime to
Misses Ss appesissee of the, Wake semi of kw Italia stage.
They, cenweenestly, formed the chief fist se of this emseset.
MU Thou was the homes of ttremeolag ; she mag a wee
dial, sei song splendidly. lier pretest eats wen the
grand sit "Non mi dir" from Dee Gievonni, and the mvs.
tins "Tom. la Notte " from the Trosatore. She sib sing
in Need taseseted plume. The next object of onriceity Pm
WPM Might, who sang Ids famous bravoes "Doi one
Peek" and the petty malady "im ewe e wide" ham
Mintrilles Madam Win gave dm favourite sir four Mons
di lakee : Molkoi smug hie clever but sadly haokoseed
iiiN. " Bag del .M brick;' and Boatel rattled throe&
"Imp ' " with u mach farcical action la id he
bid bee Moto am the stage. All these, and mom
ether pease, miens mat vehmnsntly applauded, sad
limothi4stkiwimmeseL . .
Our askihe Vim,' familia tie perfermanee ires
limited mientiOnleMadi—Mottoo's " Phesin,dsenst," which
leceived en wore. OK .441111ih calicaN_ toe, .sag °id/
apes, Reodors "Sombre Fait," Irma CitnUorooro 2Wi—
set a be* choke an emit an °Meeks. lids. llmsderland
mai " IF tdd year faithful Adel ily," from IS. !.anew; a
pastas Makkah melody of the old school, whisk Mss
bogy Meadret. The vocal portico of the cames alio in-
Phial Padefokeehd'a.per,taodg "0 Me, 9 %elm of Pleat
mire," id ths Newhigul, " Down in • Flowery Vale ;" both
•drika,soh ?LOA raiwis, .
Td Mstrefal portion d the mann coedited of tins
0 Pieik4gsy 01101111.1e0010, Rossini'. Ovillawfwa 711•,
'Ed II Bias ; Mistier with Beethoven's
OBarel fee vend Thatherg'a gnat fiestas on deems
trom lite NOM; &bock of abash plead the Wimifiesne
playing of Wee Iditielltillttddeftronsed the admiration end
mithusZie
.041 i
sobs wsslimse.
Th. •ABlltpreday marling consisted of Men-
&Moho ' ' NM, a earl whkeblireigh It Usenet et Woad
in this ematry the poinisrity of Drietr, and is not equal to
that AV ea*" it lb. MM 'of Its dame* emistrieetlon,
down.* fat den Mk eithar is the ittidhnity Mho tiE
ellecte, er In the Weir end armies cities smiedieel
motwelek ent. disocemion was anger% set awe an
missiles as it probably bas ever ekes. TIR is .saw Mn-
mist Aims were sang by Madams Clara Novas, Modem
Lemnos Ihersingtept. Mill Palmer, Mr. Illsos Reser" kir.
deeper, Mr. Bentley, and Slime Belletd. If thews were any
bight." either in ths solo parts or the Monies, they wars
et Asti ea to have no effect in impairing the &modem mad
beauty of ti. music.