Northern Times.
Liverpool, Merseyside, England, 1857-07-08 00:00:00

MONDAY.-SLXTH DAY.

The excitement relative to this extraordinary trial continues on
the increase. To-'ay the court doors were crowded as usual long '
before the hour of entrance, and the court was filled the instant the
doors opened. Yesterday (Sunda?), large crowds might be seen
wending their way to Calton Hill. One subject of attraction there
were the three Russian guns recently presented by the War Office to
the city, and which have been placed near the base of the Nelson
Monument ; but the great majority of people were chasfly attracted
by the fact that the Calton Hill overlooks the prison in which the
unfortunate young lady now leeine tried for her life is confined. The
staple of conversation was the trial, and many were the speculations
as to her guilt or innocence. Champions there were many for the
deceased, who bitterly upbraided the prisoner for her dupLcity,
while not a few broke a laace in the cause of the la ly, and stigma-
tis d L'Angelier as a coward for holding such letters as those written
by the prisoner to him suspended over her head. It was a mean, a
vile way of compelling her to marry beneath her s'ation, to threaten
to reveal letters written to him in trusting confidence, and after he
had pursttaded her into the notion that she was his wife in the sight
of heaven. These were the opinions of the crowd. Knowing ones
pointed cut to curious eyes the window of her prison cell, and every-
thing having the most remote relation to the prisoner was anxiously
listened to and looked at. Miss Sm th seemed in better spirits to day
than on Saturday. She had resumed the cool, collected look she
wore during the two first days of the trial, and seeieed considerably
amused when one of the witnesses described L'engelier as having
given horses arsenic to make them loag in the wind. The court
having met, the Lord Justice-Clerk pronounced his 0 inion that the
entries in the memorandum book were inadmissible as evidence. Ile
said that the admission of hearsay evidence was an estaelished rule ;
but these entries were of an essentially different character. What
was now proposed to be admitted was this—certain memoranda or
jOttings made by the decoseod, iu cvnioh cort,via things are said to
have been obtained, and certain circumstance.; to have happened
which went directly to the vital part of .he charge. In the case of
hearsay evidence, one could ascertain from witnesses all the circum-
stances and apparent motives which celled be collected 01 the state-
ment being made by the deceased ; but in this case there was he
important difference, that they could not ascertain with any certainty
the motives of the deceased in writing these statements ; atid.
besides, there was no proof as to whether these were records of past
acts or of acts entered immedi ttely upon their occurrence. The pro-
posal to admit these entries as evidence was a thing a to,ether
without example, and he was unable to receive them as such. Lord
Handyside concurred, Had the writer of such entries been a-ice,
they would not have been received as evidence, tecugh he might have
been allowed to use thetu as a witnese in order to refresh his memory;
and it was the oath of the witness as to the verity of his whole statement
which the law required, and which covered the admission of the entries.
Lord Ivory could not concur in the °piteous expressed by his two
bretheren, and as he was most unwilling to say anything which
might in the least di glee detract from the influence of the judgment
which his dissent could not alter, he contented himself with merely
expressing his opinian. He thought that these entries might have
been admitted as evidence for the jury to consider, and as to the
valise of which it would have been far the jury to sake up their
minds. The pocket-book was accordingly rejected as evidence.
Tee Lord Advocate said there way a letter which had been omitted
to be read oa satertlay, which he was desirous should hi read now.
The Clerk then read No. 79; postmark Glasgow—date not legible.
It was as follows :