The Sun.
London, England, 1854-04-17 00:00:00

TIIE ST. FERGUS MURDER.

The trial of 'William Smith, medical practitioner (it
has transpired that he holds no diploma entitling him
to prefix the honiorary degree of M.D. to his name), for
the murder of William M'Donald, farm servant, at
Burnside, parish of St. Fergus, Aberdeenshire, on the
29th of last November, recommenced on Wednesday
before the High Court of Justiciary, Edinburgh. The
former trial (on the 13th of March), it may be recol-
lected, came to an abrupt termination, after proceeding
for one day, froxn the illness of a juryman. The public
interest in the trial, from the former respectability of
the accused, and the motive of the alleged crime—arising
from certain policies of insurance effected by Smith
upon the life of the deceased—has not in any degree
diminished. rhe prisoner pleaded not guilty, and a
jury was empanelled.

The leading facts of the first day's evidence have been
already reported. Soma new testimony was, however,
educed to-day.

The mother :and the brother of the deceased were re-
called to testify: to the excellence of his character, and
the cheerfulness of his disposition. His clergyman added
his testimony to the same effect, and all the parties were
positive in as aerting that there had been no recent
quarrels in the, family. Dr. Smith was seen to call
upon the deceased on Saturday, the 19th of November,
and in the evening, between four and five o'clock,
M'Donald left :his house, stating that he had a tryst or
engagement with the doctor. The nearest way to
Dr. Smith's house was by the pathway through a field of
the doctor's, am' it was in a ditch, under the hedge which
bounds this fieldi, that the body of the deceased was dis-
covered by his brother next morning (Sunday). He was
quite dead, there being a wound on the right cheek and
blood on the fatn3. A pistol was lying near the body,
but no marks ci,f a scuffle were apparent. The doctor
was not at hero e when the discovery was made ; but
shortly afterwards he came towards the spot with James
Pirie, the farrier, and exclaimed, holding up his hands,
" God preserve tics ! " Dr. Smith said at once that the
deceased had shot himself, and afterwards made himself
very busy with tJie funeral arrangements.
It did not not transpire from the evidence how Dr.
Smith had been acquainted of the tragical event. Upon
the Sunday mornine• he called on James Pixie, the
farrier, and said, "Are' you in, farrier ?" The man re-
plied, "Yes." _Ere said, "Come here." The former
said, "What's a d.o ?" He said, "Willie M`Donald's
gotten dead someewhere about James Fordyce's." They
went away to the, place together. The doctor pointed
towards the field, and said, "Come this way ; I think
he is this way." The same morning (Sunday) Mr. Moir,
the Free Church clergyman of the district, addressed
Dr. Smith, and said, " Well, doctor, has this happened
by accident or design do you think 1" He said it looked
as if it had happened by design. The doctor added that
there had been quarrels in the family. The next Mon-
day evening the same parties had a conversation on the
matter, and fro:m the mystery about the event, the
clergyman (to use his own words) looked Dr. Smith in
the face and said, 4‘ Where were you on the Saturday
night ?" He had nientioned several places where he had
been. I afterwardat said that if it were a strange hand
that had done the deed, it was singular that they should
have looked for the lad there, as the road was seldom
used by anybody but myself and himself (the doctor).
I said it was my conviction, if another person had done
the deed, it must have been some one from the village.
Dr. Smith never said anything to me about insurances
on any occasion. I asked him how he found out the