Northern Times.
Liverpool, Merseyside, England, 1859-07-08 00:00:00

The tharg
cation was tha

the prisoner at the bar took away the life of am....
by potion. The ease was one surrounded by difficulties,which
would be brought out lsy the prisoner's counsel. 'The pri-. brought a sad asgrace upon iay daughter and her family,
loner was a man of:information and learning, and it seemed and if you are an honourable man get her oat of it." He
that, availing himself of his knowledge, he mane use of a
ilow and irritant *son, which he adminigtered to her replied, " I will. " Witness then asked him to come on
himself until, by the accumulation of poison and irritation, the following day Plondayli, and make arrangements for
'the poor lady sunk and died. When he had laid the whole the marriage. He said he could not, becanse he was
case before them, they would probably be of -opinion thgt
every means were-taken by the Trrisoner, from the commence- engaged that day, and that he had made arrangements with
ment to the end, to shroud the whole affair:in the deepest Bessy, the plaintiff. The defendant had represented him-
mystery. After cautioning thejury not to allow any prejud:ce self to witness as worth £4,000 ; he had a good business,
to affect their juilgment, he proceeded to state that Dr. Sme- and that his father was the owner of 'five estates, one of
thurs was
in a geittleman havig considerable-medical know-
ledget , and the beginning of n
last year resided at a boarding- which he intended to .give him, the defendant. Cross-
house, No. 4, Itille-terrace, Bayswater, with his wife, a lady examined'by Mr. Skinner : He formerly kept the Shoulder
very much older than himself. About June last year, Miss of Mutton public-house at Oxford. IZe could not say if he
Isabella Bankes, a lady of great respectability, and having had educated the undergraduates in sporting. He used to
friends residing in the neighbourhood, 'went 0 live in
keep a-smooth, not vrougterrier; 'but he did not think
the same house, when a veryconsiderable `degree of. intimacy i. . , . ,
rat
—. . , .._...... :.,. 41,„ u.i.,;+ ~i, fim.IIIBIT them witu tioty

P),,creature

al tha

sprang up between her and the Smetikursts. Ibis the 'ne was m Lae aaem ~,........,—..0 ____
landlady noticed, and not thinking it proper she spoke :to dogs. (Laughter.) He had kept fighting cocks, and he
Miss Bankes about it, ancrthe result was that on the 29th
of November she left and took lodgings at Kildare-terrace, had irmlisvn. the proctor examine his premises to see if
in the- same,neighbourhooki, while Dr. Smethurst•tud his there-wai any cock fighting going -on. (Laughter.) He
wife continued to reside in Rifle-terrane. On the 9th of had never been prohibited from cock fighting. These
December,-iDr. Smethurst and Miss 'Bankes went to a. things occurred 'twenty-four or 'twenty-five years ago,
church in themeighbourhood of Battersea and got married, when cock fighting was patronised by the nobility. He had
and then both returned !to their homes for two days, after
which the'y' both left their lodgings and went to live te- sconeTro neat the ShoulderpertyMutton. The learned
OT
getherat Richmond. There they lived. without the know- Judge.: 1 think it 'is near the 'judge's lodgings at Oxford.
ledge of any member of her family until the 11th of A ef-,r,forenee here took place between the parties, with a
Jan., when Miss Louisallankes, her eizter, reec.ived. a letter
VieWto a settlement, but it was inffectual. Cross-examin-
from
her, but not addressee from her rplace of abode. On
the 15th of February she received another letter, and alien resumed. Sir. Skinner : Your son, Isaac, I believe,
then went to see her, when she found they were living 'has' ken fined MT assaulting the proctors, Witness: It
together as man and wife. She then saw the ,deceased, was for taking part in a town-arid-gown row; he did not
who was in a very -weak state, and became 'very much
know that hiseldest son was a prize-110liter ; he believed he
excited, but got perfectly calm before she left. 'Deceased
' - '
and-the prisoner were then living at 10, Airna,villas, and -could defend himself. Witness' bad disowned him for his
Dr. Julius and Dr. Bird were attending her. Vhey bad 'conduct, and he +relieved his son now travelled with nuts,
been sent for on the recommendation of thelandlady, Occ.,-and visitedraer.s. Another o'f his sons was a sailor before
and Miss Berikes suggested that Mr. L2ritte, of St. the -mast. He bad not spoken to his daughter since. she had
George's Hospital and a relative should be sent for, but i %lathe child. Re-examined: His.farnily was well known to
he opposed it, and said that " Belladid not wish-it." Miss tbe'defendant. 'They had known onOthe other from child-
Bankes was to have gone down rto see her sister again, I hood. Mrs. Wyatt, the mother, deposed that the defendant.
within three or four days, lout on tie 19th she-received a paid-ottention :to her daughter after the death of her
letter from Dr. Smethurstaputting off-the visit on the gronnd husband. He ^was a suitor some time before she married
that the doetors:had ordered her to keep quiet an4is receive 14fr.'Dolce. On the Sunday fortnight after the plaintiff's
no visitors. From that time until within a day or two of the -confinement, she met the defendant- in the street, and spoke
deceased's death Miss Battles recei‘,ed. letters 'from Dr. to him of his areal treatment, mid csked him to see her
Smethurst deserking the -course the illness was taking, -daughter. He aecompanied witness home and saw the
and the increase of the vomiting and diarrbeea. Dr. plaintiff. She was much cut up, and the defendant said,
Julius, in the meantime, having tried the usual remedies "Bessy, you know -it is all right ; why do you fret ? " and
in diseases of this character, and 'finding they had a afterwards said be -would marry her on Monday fiveweeks.
direct contrary effect to what he intended them, got He then went down stairs and savehar husband in her
his partner, r. 'Bird, to tee -the -patient. Dr. Bird presence- At his request her daughter asked her mother
: having irad considerable experience ;in bowel complaints, if she coutd let them have a parlour and bedroom for a few
was surprised to find that his remedies-were just as fruitless weeks after. their marriage, and, on -spcaking to her hus-
cts 1i th -tl " - - Dr af -,d,shemas agrees:ale, and it was communicated' to the
.1 sun+

, nis partner's, and then therproposen that ,r. Tow, e
College, should be sent for, and without telling him
their suspicions, desetibed the ease to him. When he. -Saw
the deceased, from the expression of her countenance and the'
symptoms described, he believed she was suffering from .the
effect of some. metallic poison, and he directed an evacuation
lobe obtained. It was, and on analySingit•nothing poisonons
was found init. Dr. Todd prescribed 'for her, and after she
had taken the medicine she had he same symptoms es
before. .An evacuation was again obtained, unknown to
Dr. Smethurst, and in that were traz,es of arsenic. Now,
no arsenic was given in the medicine made up for her by
Dr. Todd, and if she had taken that poison she could not
have :taken it from any ether hand than that of the
prisoner, es he was the only person that attended on her.
The next thing he called their attention to was the act
of the &feudal-it getting Mr. Senior, a solicitor, of
Richmond, to make the wiii of the deceased on a
Sunday, leaving all the property she had at her own
disposal to the prisoner, and the statement be made to:
that gentleman at the time relative to the will having been
drawn up by a barrister in town, when it was in this own
handwriting, and also ,his excuse for the will being
.executed in her maiden name. He then detailed the nature
of the medical evidence, which would be explained by the
medical men, and from wilich he feared the jury would
;would have no alternative than come to the conclusion that
• the prisoner had caused the death of the deceased 1w the
administration of antimony and arsenic. Having referred
to the appearance of various parts of the body after death,
which presented signs that would not be accounted for by
any natural disease, but which were consistent with the death
of a person having been destroyed by small doses of an
irritant-poison, he again adjured them to give their most
unbiassed attention to the evidence, and might God guide
them to a right conclusion.
[The evidence was being proceeded with when our
parcel left.]

, .
defendant. In Ranh he said he would write to his
in London, to get a licence for their marriage there, becaus(
it. would 'be more . qiiiet, and no one.,then would actually
know when they were married. 'She saw him with her
daughter's wedding iing on his little finger. He asked her
if they eouldnot be married with it, instadof buying a new
one ? Bhe replied no, ,one marriage was quite sufficient for
one ring. '(Laughter.) Ga his last visit, .about a month after
'the confinement, .witness found her. daughter crying, and
asked her 'the cause. Defendant asked tier to tell.
Plaintiff said she would not, he had better do it himself.
Defendant said, "The long and short of it Is this, Mrs.
Wyatt, I have seen my governor (meaning his father) since
I saw you last, and he says that as he hb,s got 'money, you
have got money, and I have got money, he don't see why
'Wyatt should not .give his daughter £500." Witness told
him it was out of all reason to .expect £500; upon which he
said, " Give rue £5OO, and Pll make a lady of your daughter,.
and marry her immediately." She upbraided him for his
,cruelty and dishonourable conduct, and told him to leave and
not.come again. If 'lie had not gone willingly she would
have put him out of the house. (Laughter.) The witness
was eross-examined by Mr. Skinner, but nothing material
was elicited. This was the plaintiff's case. The defendant's
counsel said be should call no witnesses. Mr. Lush then
addressed the jury on the ease. Mr. Skinner, in a humorous
speech, addressed the jury for the defendant in mitigation of
damages,. The learned judge summed up, and the jury.
after a short consultation, returned a verdict for the plaintiff,
damages .£l4O.