Northern Times.
Liverpool, Merseyside, England, 1859-08-20 00:00:00

NORTHERN DAILY TIMES.

LIVERPOOL POLICE COURT.-FRIDAY,

[Before Mr. J. AMIN.]
THE POLICE AND THE PEOPLE.—A decent-looking
man named Owen Jones, foreman in a timber yard, was
charged by officer 352 with being drunk and disorderly.
The officer stated that he found the prisoner asleep on
the steps of a door in Pitt-street, and having awakened
him, requested him to go away, but he refused to do so,
and gave some abusive language and then went away.
He soon after returned and threw himself down and
kicked and fought like a dog, and it was with difficulty
that he was removed to bridewell. A disinterested wit-
ness, named Charles Shepherd, told a very different
story. He said Jones was quietly going along the strcet,
between two officers, when one of them gave his arm a
sudden and violent twist, which evidently gave the man
great pain. Jones struggled, and in the struggle he
went down. When he was down the officers used great
violence towards him, and dragged him along the street
by the hair of the head. One of the officers said the
witness gave the evidence through spite, because he had
checked his son • one day for plucking grass from a
cart. The witness denied being influenced by any
motive except a desire to protect the people from
such violence being used to them by the police. His
worship said if, when officers found persons asleep in
the streets they spoke kindly and advised them to go
home, it would make a greater impression, and be much
more effectual than rough treatment. He believed the
officers had far exceeded their duty in this case, and
used undue violence to the prisoner, whoin he would
therefore discharge.

ROBBERIES.-4 woman, named Mary Cooper, was
charged with robbing a man, named Ralph Gustave
Johnston, of £6. The money was found in her posses-
sion when arrested. The complainant, Johnston, did
not appear ; and Mr. Bluck, who appeared for the
prisoner, applied for her discharge. She was set at
liberty, and the money found in her possessiorl was
ordered to be returned to her. A woman, named Julia
Iron, was committed to take his trial at the sessions
for stealing 95 yards of checked cotton from the door
of Mr. Hawthorn, Scotland-road.

How TO RAISE BRASS.—A stout-looking man, named
Joseph Jones, who said he was a smith, was brought
up charged with stealing a quantity of brass from the
ship British Emperor. The watchman of the ship said
he was ashore for a short time, and when he went
aboard again he found the prisoner wrenching off the
brass rails from the skylight. The prisoner was committed.
ROBBERY BY A SERVANT.—A young girl, named
Ann Armstrong, was brought up charged with robbing
Mrs. Eliza Miller, Great Howard-street, in whose ser-
vice she had been, of a watch, a gold ring, a brooch, and
several other articles. The brooch was found in her
mother's house, but no trace of the watch had been
found. The prisoner was remanded for further inquiry.

IMPORTANT TO SEAMEN.—A man named John Stan-
ley, was brought up on a charge of having attempted to
ship as a sailor in a British ship, by the aid of a false
discharge. Mr. Tyndall prosecuted. It appeared that
the discharge presented by the prisoner was one which
had belonged to a man named Evan Jones, a native of
Carnarvon, whose conduct and ability were said to be
good. Captain Miller, of the Sea King, had been ship-
ping a crew at the Sailors' Home, and the prisoner pre-
sented him with the discharge, and said he was in
want of a ship. 11pon the usual' questions being put as
to what ship he belonged to, &c., his answers were not
satisfactory, and the captain handed him over to Mr.
Murphy, of the Sailors' Home, to see if all was correct.
Mr. Murphy said the prisoner told him that he had
picked up the discharge in Duke-street, and that his
name was John Stanley, and not Evan Jones. Mr.
Murphy further stated that he had known instances
where men were being shipped for the navy, and for
each man £1 of reward was given, when men that were
good for nothing would get a discharge belonging to an
able seaman, and go down with a party and get the
reward. If a person went to the office and stated that
he had lost his discharge, they would refer to the books,
and, if they found him to be a good man, they got him
a ship. The prisoner said he remembered when he could
have bought a discharge from a boarding-house master,
in Park-lane, for a shilling. Mr. Murphy stated that a
boarding-house master in Park-lane, who had been in
the habit of selling discharges, had been prosecuted by
Mr. Tyndall at the assizes, and got twelve months'
imprisonment. His worship said it was a very serious
offence. Men who were nothing but impostors and
lubbers were shipped as good seamen, and turned out
to be useless. He would commit the prisoner to gaol
for two months.—Samuel Pickering was charged with
obtaining money under false pretenses, from a young
man named Henry Clarkson. Mr. Tyndall prosecuted
in this case also. Clarkson was examined, and stated
that he came to Liverpool in July last, and wanted to
go as steward on board of a ship. He knew a Captain
Erris, and while in his company he met the prisoner,
who proposed to get him a berth as steward in the
steamer Gambia. He gate him a letter to the captain
of that ship, and he gave him two shillings and six-
pence for his trouble, and one shilling as
shipping fees. Witness took the letter to the person in
charge of the ship, and he said that the man who wrote
it must be a fool, as the ship would be lying up for
twelve months to come. The letter was signed by J.
Barton. Mr. Barton was called, and said he never gave
any letter to the prisoner. The prisoner tried to excuse
himself by stating that he understood the ship was
going to sea. Mr. Aikin said he must have known that
he was doing wrong in taking money from the man on
the pretence of shipping him, as he had no right to do
anything of the kind. Mr. Murphy remarked, since
the prisoner had been taken into custody there had been
several complaints against him. Mr. Aikin said that
this was the way sailors were taken in ; and this was
one case out of a thousand, as there never was an oppor-
tunity of getting. proof against the offenders, the
sailors always being off to sea. It was a great
matter when such a case was brought up that
they had evidence. The prisoner had committed a
double fraud , firstly, pretending to ship the man, and
secondly, in shipping him for a ship that was not going
to sea at all. He would inflict the severest punishment
that the law gave him power to do, and that was, that
he must either pay £5 and costs, or be committed for
three months.

WIFE BEATING.—The number of cases of this de-
scription that are tried daily at the police-court, is po-
sitively disgraceful, not only to Liverpool, but to human
nature. Poor women, with cut heads and faces, and
often with little infants in their arms, are placed in the
witness-box, to give unwilling testimony by words, as
well as by visible marks, to the brutal conduct of their
husbands towards them. It is astonishing the length of
time these poor females will suffer before they attempt
to punish the men—,more worthy of the name of brutes—
who are daily subjecting them to such treatment as
would be visited with a heavy punishment if practised
towards a dog. We do not for a moment say that all
wives are faultless, but this we do say, that women
ought to be protected from the violence of drunken and
worthless husbands. Yesterday, several cases of this
kind were tried, and it would be disgusting to our
readers to give the particulars in detail ; but the conse-
quence was, in all cases, that the magistrates very
wisely decided in keeping the parties separate from each
other.

[Before Mr. HOUGHTON.]

PUBLICANS - AND BEERSELLERS' CisEs .--S tephen
Fletcher, publican, Crown-street, was summoned for
Sunday trading. The case was dismissed. —Hugh
M'Quin, publican, Flynn-street, was charged with
Sunday trading, but was acquitted.—John Gilbertson,
beerseller, Olive-street, summoned for Sunday trading,
acquitted.—Charles Jones, beerseller, Hygeia-street,
charged with Sunday trading, was acquitted.—John
Wright, beerseller, Bond-street, summoned for Sunday
trading, was fined 10s. 6d. and costs.—Charles Johnstone,
beerseller, Wright-street, summoned for Sunday trading,
was fined 2s. 6d. and costs.—Alice Hunt, beerseller, Dal-
ton-street, summoned for Sunday trading., was acquitted.
—Wm. Corns, beerseller, Linden-street, summoned for
Sunday trading, was acquitted.—John Barnes, beerseller,
Maguire-street, charged with Sunday trading, was
acquitted.—Alfred Bolton, beerseller, summoned for
Sunday trading, was acquitted.—Tames Trafford, Ten-
terden-street, summoned for Sunday trading, was
acquitted.—Jane Cross, summoned for permitting
drunkenness, was fined 10s. and costs.—Samuel Gorsidge,
beerseller, Netherfield-road South, was summoned for
permitting drunkenness, and fined ss. and costs.—Mary
Longford, beerseller, Blanche-street, Edge-hill, sum-
moned for Sunday trading, was acquitted.

HOLLOWAY'S PILLS cure headache, bile, loss of appe-
tite ; can be taken without danger from wet or cold,
and require no restraint from business or pleasure.
They act mildly on the bowels, without pains or
griping, strengthen the stomach, promote a healthy
action of the liver, purify the blood, cleanse the skin,
brace the nerves, and invigorate the whole system.
They prove an admirable restorative of a debilitated
constitution, creating- appetite, correcting indigestion,
removing bile, giddiness, and nervous or sick head-
aches. It is impossible to speak too highly of these
pills.

ECCLESIASTICAL INTELLIGENCE. I

OnWednesday, the patrons of the Leeds parish church
filled up the vacancy in the vicarage of Leeds occasioned
by the recent elevation of the Very Rev. Dr. Hook to
the deanery of Chichester. There were thirty-eight
candidats for the vicarage, and the Rev. James Atlay,
8.D., Senior Fellow of St. John's College, Cambridge,
was appointed. Mr. Atlay was born in the year 1817.
He entered St. John's College, Cambridge, in 1836, and
took the degree of B.A. in 1840. In that year his name
appears in the first class of the Classical Tripos, and
among the Senior Optimes of the Mathematical
Tripos. In 1842 he was elected a Fellow of St. John's
College, and ordained in the same year. He imme-
diately took the curacy of Warsop, Nottinghamshire,

a village of 1,300 inhabitants, where he remained
actively engaged in parochial work until 1846. He
received an urgent summons to Cambridge, with a view
to his taking part in the government of his college. He
then became one of the tutors, and in 1847 was pre-
sented by the Bishop of Ely to the vicarage of Madingley,
a village near Cambridge. This post he held in con-
junction with his college duties until, in 1852, he was
obliged to resign it, in consequence of the increasing
weight of the business of the college, of which he was
then one of the principal tutors. In 1856 he was
appointed a Whitehall preacher by the late Bishop of
London ; in 1858 he was chosen by the Vice-Chancellor
for the office of Select Preacher before the University ;
and in the present year he is preacher to the University
and the Foundation of the Lady Margaret. Mr. Atlay
is understood to be a High Churchman, but not of
extreme views.

The plans for the new residence of the Bishop of
Gloucester and Bristol, in Gloucester, are so far com-
pleted that the works will be shortly commenced. Mr.
Hutton, the architect, has met his lordship, and we
believe that, with the exception of the chapel and hall,
in the present palace (which are to be preserved), the
whole of the structure will be rebuilt. Several houses
adjoining are also to be removed, and a carriage-way
made to connect Pitt-street with College-green.

- -
COURT AND OFFICIAL INTELLIGENCE.
On the occasion ofi the birthday of her Royal High-
ness the Duchess of Kent, on Wednesday, her Majesty
and his Royal Highness the Prince Consort gave their
annual dinner and fete to the seamen and marines of
the Royal Yachts, the detachment of infantry, the
Trinty-house and coast-guard men stationed at East
Cowes, and the labourers and workmen, with their
wives, employed at Osborne. The numbers entertained
amounted to nearly 600, for whom dinner was prepared
in tents erected on the lawn.

The Chancellor of the Exchequer and Mrs. Gladstone
have left town for Hawarden Castle, Chester.
Lord Stanley, who at the close of the Parliamentary
session left town for Knowsley Park, has since gone to
visit his estate in Ireland.

THE GREAT EASTERN.—The Great Eastern is to
leave the Thames for the Nore on the 3rd of Septem-
ber ; she will proceed thence to Portland, Dorsetshire,
from which place she will make a trial trip on the Bth,
to a distance, probably, of 500 or 600 miles. She will
then be prepared to start on the 15th on a direct voyage
to the United States, Portland, in Maine, being the
harbour to which she will proceed. On this occasion
passengers will be carried at fares ranging from £lB to
£25, and many applications for berths are said already
to have been received.

THE LATE LORD H. SEYMOUR.—The unexpected
death here, yesterday, (says a Paris letter of "Wednes-
day) of Lord Henry Seymour is the topic in many
circles. He filled a large space in the eye of Paris
since the days of Charles X. and the Duc d'An-
gouleme. The immense revolution in taste and
habits he created among the upper and wealthier
class of young Frenchmen stamps him as a social re-
former in his way. The fancy for racing, steeplechases,
dogs, fox-hunting, and the general turf, or as it is here
called, "Le Sport," is attributable to this emigrant
from England. La Science Chevaline was in its dark
ages before his coming. He was the founder of the
Paris Jockey Club, in which manly tendencies were found
akin- to martial prowess in the Crimea and Lombardy.
Columbus found a new hemisphere. He discovered the
Bois de Bologne. Parisians had never ventured beyond
the Champs Elysees. He sent themin shoals not only
as far as the smooth curragh of Chantilly, but to Epsom
and Newmarket.

DAMPING THE FETE.-The Paris correspondent of
the Guardian, describing the effects of the shower which
fell towards the close of the fetes on Sunday, says :
" The first drops came down like crown pieces, as though
sprinkled by the mischievous fingers of some fairies
above, in mockery or emulation of the tiny white and
rose-coloured parasols, with their silken fringes,
.whioh,
alas ! were all that could be opposed to such an
unmannerly attack. At last down came the thunder
shower in earnest. As I stood just opposite the
Emperor, I had the pain of seeing his Majesty,
.who had been literally roasting under a burning
glass for more than three hours previously, cooled
to some purpose. He and his horse looked precisely
as jhough some one were pouring bucketsful of
water on their heads, so incessant was the downfall for
some minutes. The weather cleared up again ; but the
change was sadly mal apropos, and ruffled the feathers as
well as the tempers of the whole assembly. Even the.
Emperor looked annoyed and provoked, as well he
might, under his calm exterior; and her Majesty must
really have ' felt' for him and his marshals as she gazed
down from her gallery on their drenched and disshev-
elled plumage."
POLITICAL SATIRES.—The Fischietto' of Turin, con-
tains a humorous dramatic scene illustrative of the judi-
cious arrangements made by the proprietor of Bauer's
Hotel, at Zurich, for the reception of the plenipoten-
tiaries of the three European Powers, and especially of
tha measures adopted to obviate the possibility of an
unpleasant collision between the representatives of Aus-
tria and Sardinia. Three parcels undirected arrive at
the hotel for the use of the contracting parties. The first,
on being opened, is found to contain pens and writing
paper. " This," says Bauer, "is for the Frenchman, as
France will draw up the minutes of the meetings."
Packet No. 2 contains a quantity of erasers. These are,

by the same authority, duly forwarded to the chamber
occupied by Count Colloredo ; " for who but Austria
has to do the scratching out ?" The third parcel is
nothing but .a box of sand. "This is, of course, for
Des Ambrois," cries the sagacious Bauer,
everybody knows that the sole duty of Piedmont
at the conference is to sprinkle the sand upon the
treaty." While on the subject of political satire, I may
mention a good hit which appeared in the last number
of Pasquino. A French soldier, out for a day's shoot-
ing, has just discharged his fowling-piece at a double-
headed eagle, which is seen majestically soaring into the
air at some distance. "Sapristi !" exclaims the disap-
pointed sportsman, " the bird is flown, and yet I know
I've killed something." And so indeed he had, for a
few paces off lies the lion of St. Mark kicking in the
agonies of death.—Letter from Milan.
BARON BRAMWELL, THE BAR, AND THE SUITORS.—
At the Bristol assizes on Tuesday, Mr. Baron Bramwell
presiding, Mr. M. Smith, one of the counsel present,
begged for himself and friends to correct a mistake
which had unaccountably been made, that they had
received their briefs and taken them with them to
Exeter. He had returned his brief in the first case, which
was expected to occupy the whole of Monday, and had
made such arrangements as he thought would relieve
every one ; therefore they had done what they thought
was best for the sake of their clients. With regard to
their being kept, it was unavoidable, for they were
assured by the solicitors who 'were practised in such
matters, by one that the case would be a day cause, and
by the other that it would be an easy two-day cause.
It was not over yet, although they had sat till twelve
o'clock at night. So far as to taking their briefs
with them, no common jury brief had left
Bristol. The Judge : Mr. Smith, Ido not think
you need have taken the trouble to say anything.
Persons will hardly regard the rubbish they read
in newspapers. Mr. Collier said it had been stated
that he had come to Bristol, and had taken all the
briefs and decamped with them to Exeter. He would
say it was all false. He had come from the country,
and all his clients were perfectly aware that he could
not be at Bristol on Monday, and he had not
taken any brief with him. Mr. Coleridge said, as
a very humble delinquent, so far as a mere statement
of fact went, not a single rag, of paper had left
Bristol with him, and they had returned those they
could not attend to. Mr. Baron Bramwell : So long
as there are people who take a pleasure in reading
scandal, some would be found for them, and people
must make up their minds for it. The Times reporter,
in explanation, stated that in the discharge of his duty
he most faithfully reported what took place. He was
assured by most respectable attorneys that counsel had
taken their briefs with them, and that that was the
reason they could not hand them to other counSel ;'- but
he did not state the harsh remarks he heard made by
the attorneys with reference to the absence of their
counsel.

THE TRIAL OF DR. SMETHURST,

VERDICT AND SENTENCE,

The Lord Chief Baron commenced summing up. He
noticed the relation in which the deceased stood to the
prisoner in severe terms, and touched with great feeling
on the scene where the attorney was introduced to make
her will, there being not a friend or relation to whisper
her wm,-nd -

co her wounded mind the message of peace. The
learned judge was deeply affected in describing this
This poor woman, he said, was allowed to pass
into another world without any religious consolation, as

though she had been an unbeliever in a foreign land.
Having observed further upon the conduct of the pri-
soner, his lordship deferred the further summing up
until to-morrow.

The Court adjourned at a quarter to 6

The learned judge took his seat on the bench at nine
o'clock. Mr. Justice Willes sat with him.

The prisoner, on being placed at the bar, said—My
lord, I wish to address a few words to your lordship.
The Lord Chief Baron—l think you had better not

The prisoner—That is very true, but your lordship
made some observations which I wish to correct. It is
simply in reference to this question. In addressing the
jury last night with regard to myself, you spoke of me
as a medical man in practice, and as one who intended
to return to practice. For the last six years I have.
retired from the medical profession.
The Lord Chief Baron—l know nothing of that, and
there is no evidence of it. •

The Prisoner

—You spoke as if there was

The Lord Chief Baron—Gentlemen of
.the jury, if
there is any mistake about that, the prisoner might
have corrected it by giving some account of himself and

I spoke of him as a medical man in prac-
tice, because on Monday morning, the day after the will
was executed, he wrote to, his wife to say that he should
probably not return before a certain time, his medical

his, practice,

aid being required in a case of illness. (His lordship
read the letter). In that letter he speaks of himself as
one of the three doctors, Dr. Julius and Mr. Bird being
the other two.

The Prisoner—That is just the point, my lord.
The Lord Chief Baron—lf he left the profession, there
is no evidenca of it. The evidence is that he attended
upon Isabella Bankes, and he wrote to his wife to say
that he could not come home in consequence of his
medical aid being required in a case of illness. If he
considers that an important fact he might have easily
proved it.
Mr. Sergeant Parry—There is evidence that he was
living at a boarding-house eighteen mouths without a
surgery or anything of the kind.
The Prisoner—l only came from the Continent the
year before last.

- The Lord Chief Baron then proceeded with the evi-
dence. Having dwelt at some length upon the circum-
stances connected with the residence of the parties at
Rifle-terrace and Kildare-place, he proceeded to a review
of the circumstances connected with the sickness of
Isabella Bankes at Richmond, adverting early in the
inquiry to the fact that Dr. Smethurst had refused her
a nurse at the time that he had received her dividends,
and had money of his own to a considerable amount
in the London and Westminster Bank. He thought
that the • true solution of this was, that the pri-
soner was unwilling to leave a witness in the
room. Then his own explanation of taking out the
soup was that it was done to cool it, the doctor having
ordered that everything should be fresh and cool. But
it must be remembered, in connection with this subject,
that scarcely any one was ever allowed to enter the
room, and it was never cleaned out.

Sergeant Parry reminded his lordship that Mrs.
Wheatley said that she cleaned the room every morn-
ing, and that she went in every evening also to clean it.
The Lord Chief Baron said he had no note of it.
The Prisoner-31y lord, it is correct. She always
had access to the room, and in the evening to make the
bed. Any other statement is false.

The Lard Chief Baron—lt is a matter of very little
importance.

Sergeant Parry—But, my lord, as affecting the pri-
soner, it is all important. Mrs. Wheatley twice spoke
to the facts I have mentioned.

The Lord Chief Baron—All I can say is, that I have
no note of it.

Sergeant Parry—l wish it to be fully in the know-
ledge of the jury that such evidence was distinctly
given. For that matter Mrs. Wheatley might be
recalled.

The Lord Chief Baron proceeded, and commented
strongly upon the anxiety which the prisoner mani-
fested that Miss Louisa Bankes should net see her
sister, particularly on the Sunday when he introduced
a strange man, who made what was called her will.
It might have been that Smethurst loved this lady,
but at all events he loved her money more, and avarice
swallowed up his affection. Towards the close of the
lady's career, he made the remark, that as Miss Louisa
Bankes had taken the whole responsibility upon her-
self, he should give out no tea nor sugar, and
yet at this time he had £7l ss. of this lady's
money at his bank. The will he induced Miss
Bankes to sign he told the solicitor had been drawn
up by a barrister in London'; but the instrument was in
his own handwriting, circumstances which, taken into
connection with his previous conduct, proved that nb
reliance could be placed upon anything that Dr.
Smethurst said.

At one o'clock the Court adjourned for refreshment.
On the return of the learned judge, the jury com-
plained of the intense heat of the court. Yesterday,
when a similar complaint was made, the usher had to
break two panes of glass, and this afternoon a similar
process was resorted to, the elaborate ventilating ar-
rangements of the court having
_been found inadequate

The Lord Chief Baron proceeded with his summing
up, and defended Dr. Taylor against the charges pre-
ferred against him on account of his blunder.

[BY MAGNETIC

The jury retired at ten minutes to four, the charge o
the Lord thief Baron having lasted nearly eight hours,

At half-past four the j

ana returned

a verdict of guilty. - -
The Judge having put on the black cap, and the
usual question having been asked,
The prisoner proceeded to address the court, and
spoke in a rambling strain for fifty minutes. He said
he was innocent of the charge. With regard
to the property, he said he might have had whole and
sole control of it if he pleased' for there was nothing
which Isabella Bankes would have withheld from him.
The . prisoner also entered at some length into a
criticism of the medical part of the case, and touched
upon various circumstances in connection with the case.
His address was delivered in a low conversational tone.
The Lord Chief Baron then said :

Thomas Smethurst, you have been found guilty
of the murder of Isabella Bankes. I think it would
be difficult for ' anyone to consider the evidence,
both for and against you, without coming to the
same conclusion which the jury have pronounced by
their verdict. I cannot help alluding to some words
which have fallen from you, which are contradicted by
the clearest testimony. It is manifest from the evidence,
and it is confirmed by your own letters, that
_you kept
the sister, Louisa Bankes, from seeing Jsabella when
she was dying, at the same time when you
were introducing a strange attorney to make a will in
your behalf. You state that that was of no import, for
that you could have got the property at any time.
It is incredible that in such a ease you
should have introduced, within two days of the death of
Isabella Bankes, a strange attorney, to whom you had
made a false representation. It is incredible that, if
you could have seized upon that fatal moment to insult
the feelings of a woman you had apparently made your
wife by calling her a spinster, and inducing her to sign
the will in her maiden name, it is impossible for you
to say that you did not prevent the persons from
seeing the deceased. If anything could add to the
evidence which has been given against you, it appears to
me that the statements you have just made have a strong
tendency to confirm the result of that evidence which
was given during the trial. It remains with me now
only to pass upon you the sentence of the law, which is,
that you be taken to the place from whence you came,
and from thence to the place et execution, and that you
be hanged by the neck until you are dead, and may the
Lord have mercy on your soul.
The Prisoner exclaimed—l declare that Dr. Julius is
my murderer. I declare before God that lam innocent.
The prisoner was then removed from the Dock, and
conveyed to Horsemonger-lane Goal, where the execu-
tion will take place next Monday fortnight.