The Sun.
London, England, 1858-04-07 00:00:00

sary to give his evidence at length. The witness
said he lighted the prosecator and the lady over
the stile, and that he saw a man going over the
common in a different direction. The night was so
dark that the witness wanted the prosecutor and
the woman to go along the road. For some reason
he listened, and in a few minutes heard a voice,
and then another. He then heard a "crash," as
if they had got on to the railway fence and broken
it. The witness sent a man with a lamp
to see if the fence was broken, and just afterwards
the express train passed without stopping. The
fence was not broken. He then went up to where
the man Tilley had gone with his lamp on the com-
mon, and saw a man going away and the prosecu-
tor supported in a fainting state by a man named
Heaven. A woman went away with the man over
the common. The next morning he received the
revolver from Heaven. It was in the same state
in which it now is, capped and all. On the com-
mon there was a fox cover.
Cross-examined by Mr. Huddleaton—lt was so
dark I do not think t'ecy cr uld fled ''se cevcr. The
pellet now there was on the revolver, under the
hammer, where it now is.
By the Judge.—They appeared to be going by
the hedge. The fox cover is in another direction.
Charles Heaven, examined by Mr. Cripps, gave
similar evidence.—ln consequence of what the
stationmaster said he listened, and heard a cry out
on the common. There was a noise like some one
breaking the fence, which he heard twice or three
times. He took the light up to the spot, and was
the first who got there. He saw two men on the
ground, the one on the other, and a woman about
ten or fifteen yards off. The top man held the
other down on the throat by one hand, and his
hand with the other. Leech was the man at the
top, but I am not quite csrtain who the other was,
but I believe it was the male prisoner. They were
in a very bloody state both of them. I could not
see the blood flowing from the upper man. I
threw myself at the top of both of them. I could
not see that the under man had anything in k's
hand. The woman came and tried to pull Mr.
Leech off. A man named Owen came up, and soon
afterwards a man named Tilley. When Leech the
prosecutor was got off the other man got up and
searched about the ground with his hand and foot.
He had a great bludgeon stick in his right hand.
When he got up the woman ran up to him. Leech
kept hold of me, and said, "Hold this man, he
has almost killed me." The other man was near
enough to hear that, and said, "The first man
that molests me I'll blow his brains out." I made
a move towards him as if to arrest him when he
said this. The st.ck was about as big round as my
arm, and tapered down to the handle. He was
holding it by the small end. The man and woman
then went away. The night was very dark, and I
did not see them again. The woman had hold of
the man's arm. They went towards Westerleigh.
Going in a line from the station to Waply a person
would go near the fox cover. The next morning
I found this revolver on the common in the same
state in which it now is, with six caps on it.
Cross-examined by Mr. Symons—The fox cover
was about 200 yards from the gate.
Henry Tilley, examined by Mr. Skinner, said,
—After the parties (Leech and Mrs. Smith) went
on the common I saw the other man go on the com-
mon. I noticed that he held his head rather down-
ward,. One of the men had a bludgeon in his
hand. I tried to take it from him, but could not
succeed. It was the prisoner (Smith). I saw him
search on the ground with his hand. 1 held my
lamp to the face of the woman, and saw it was the
prisoner (Mrs. Smith). She was one or two yards
from the man. I saw them go away together.
Before they went away I saw him pick up a parcel.
I did not pick up the umbrella.
Charles Beak, examined by Mr. Cripps, said—l
am a coal merchant living near Yate station. I
saw the Rev. Samuel Smith (the prisoner) come
from the station. I heard the call of " Murder."
The next day I found some widow's weeds on the
common ; I mean a cap. That was about 300 or
400 yards from the spot where the struggle was. I
know the neighbourhood very well. There is no
family named Isaacs who live at Waply ' • but there
is some one of that name at Yate, which is in quite
An opposite direction to Waply.
Cross-examined by Mr. Huddleston Mt.
Smith's father was vicar of Chipping Sudbury.
Elizabeth Aplin, examined by Mr. Cripps, said—
In February last I was a seryant in the employ
of the Rev. Mr. Smith (the prisoner) at Clifton.
On the 3d of February they were at home to tea
together. They went out between five and six
o'clock. I took the tea in. I saw them bath take
tea together. I did not see my mistress with a
bonnet on that evening. The next time I saw them
was in the morning. B-fore my maser went out
ho told me to go to bed at ten o'clock.
He said he was going out, and he did not
know what time he should be at home. There is a
latch to the door, and I think my master had a
latch-key. The prisoners seemed to be on good,
terms together before they went out. I had of -
served that they seemed very happy togetker for
two or three days or a week before Before that
they did not live so happily together. About a
month before I observed a change. I did nor hear
them come home. It was not a u sual thing for my
master and mistress to go out of an evening. I had
been there nine months. Before the 34 February I
had seen a stick in the house. It was rather a d irk
red stick, about a yard long or more. I have seen
it in the umbrella stand. It was a walking-stick.
The other was rather larger round than the handle
of the pistol. On the Gth Feb. I saw it in the garret.
Cross-examined by Mr. Huddlestou—lt was a
dark red stick. I have spoken to the policeman,
Windmill, since I was examined.
By the Judge—The other stick was of a light
colour, and was a common light walking-stick.
Emma Waller, examined by Mr. Gipps, said—l
was nursery maid to Mr. Smith. On the evening of
the 3d February the prisoners were at home at tea,
and went out between 5 and 6. On the day before
I heard my master say to my mistress, " You and
I have an invitation out to-morrow night." They
did not very often ge out together. I observed
that a little before the 3d of February they were a
great deal kinder to each other than they. generally
were. In the afternoon of the 3d of February I
heard my mistress tell the children she was going
out to tea. The children mentioned several name ,
and she said " No." They had tea earlier than
usual. The children asked her why she was going
to have two teas. She answered that they would
not drink tea till 8 o'c'ock. I saw her bonnet on the
bed. All the family are in mourning. On the morn-
ing of the 3d Feb. I saw my mistress sew a piece
of crape on her veil. She put it over her face, and
asked me if I could see her face much through it.
I told her no. Before my master went out he came
and told me I was to go to bed at 10 o'clock and
take the baby with me, and stay there in hie
bed till they came home. I heard the front
door shut between 5 and 6, but nearer G. I ob-
served my master was dressed in a blue flannel
shirt and a black neck-tie. I had never Sat n him
in a black neck-tie before, nor in a blue flannel
shirt. Between 1 and 2 o'clock the next morning
my mistress came and knocked at my door and
awoke me, and told me I was to go upstairs. She
went down and I prepared to go up. She came
back again, and said I had better stay a little while
longer. While I was in that room I heard Mr.
Smith go upstairs to the garret. He came down in
five minuses. After he came down my mistress came
and toll me I was to go upstairs direc ly. I heard
him cough. I then went to my own bed and heard
the clock strike 2. The next morning I went into
their room about half-past 7, as usu-tl, to dress the
children. I then saw my mistress's petticoats on
the bed. They were very dirty and splashed with
mud. One of the children said, " Mamma, how
dirty you have got your petticoats l" She said papa
and she kept slipping about last night. On the 6th
Feb., Saturday afternoon, I saw my masers great
coat in the garret. It had been put into water.
There was black dirty water at that time in the
bathing-tub. The coat was hail-mourning. On
the 4th Feb. I saw my mistress washing her petti-
coats and pocket handkerchief and master's neck-
tie and pocket handkerchief in the kitchen. I had
not known her wash things out before. I saw the
blue shit t when the policeman came, and observed
it had a spot of blood on the shoulder.
Cross-examined by Mr. Huddleston—The other
servant was upstairs. There are four children, the
eldest seven, and the others younger. Mr. Smith
had 16 or 17 pupils—three boarders, and the o' hers
day scholars. The pupils sat in the schoolroom in
the evening. There was no assistant. Mr. and
Mrs. Smith seldom went out together.
Chas. Gale, examined by Mr. Cripps, said--I am
a cooper at Wickwar. There is a station at Wick-
war,:, about 4i miles from Tate, and further from
Bristol. On the evening of Feb. 3, about half-past
9, the male prisoner and a woman came to my house.
He said his wife was with him, and wan ted a convey-
ance to take him to Bristol. He said he had heenat-
tacked by two men about half a wile from a turn-

pike. There is a turnpike about half a mild from
Wickwar, on the road to Yate. I took them to Mr.
Robinson's. Smith had a paper parcel with him,
covered with blood. At Robin .on's I saw blood on

him. I asked him how he got it. Ile said he had
got off without a scratch. 1 saw blood on his face.
Re said he had been attacked by two men, but he
got two stones, and threw one, which he iippozed
stunned one man,
as he saw no more of him, and
that the other seized him immediately ; that a
scume ensued, and he fell backward on the top of
him ; that be kept one of the stones in his hand,
and bruised his head with it. I offered to go for
t!.3 police. Ile said he did not think it was worth
while, as he had come off so well, and it would
cause extra expAise. The woman was prew,r t all

the while, and said she had never witnessed such a
scene before. He said if he had a pistol he would
have shot him as soon as he would a fox.
Elizabeth Franklin, examined by Mr. Cripps,
said—l am an assistant in Mr. Robinson's shop, at
Wickwar, and was present when the conversation
between the prisoner and last witness took place.
The account he has given of it is correct. The
woman had a black veil on. The man said they
were bound to get into Bristol that night, and that
his name was Henry Johnson, and lived at No. 7,
Wilson-street, St. Paul's. Tue prisoners are the
same persons.
Thomas Webb, the servant to Mr. Robinson,
proved that on the night in question he drove a
gentleman and lady to the White Hart, in the old
market, Bristol. They arrived there at one o'clock
in the morning.
Oliver Lasbury, a bookseller in Park-street,
Bristol, said he knew the prisoner, and that on the
25th of January last a card was brought to him by
a boy named Locke with some writine on it in the
prisoner's handyvritiug, as foltows :—" M.S., Mr.
Lasbury's, Park-street,, Bristol."
Some surprise was here occasioned by its ap-
pearing that the letters were not " 5.M.," as in
Mrs. Smith's letters, but " M.S."
I received 10 or 12 letters altogether from Mr.
Smith. On one day I received three. I received
no other card. The card was brought by Locke, a
pupil of Mr. Smith's. f had lett Ts firma him before
with initials. Some letters came for Mr. Smith with
letters "S. M." and "M. S." One lot of three
came, which I gave to Locke, one addressed in fell
and the others with initials. Others came two or
three days afterwards, which I gave to Mr. Smith.
I also sent two to him. I know one or two were
addressed " S. M."
G. M. Locke said, in January and February last
he was a pup lof Mr. Smith. He took the card
produced to Mr. L .sbury's by Mr. Smith's direc-
tion. It was on the 25th of Jan., the Princess
Royal's marriage d-ay. Mr. Smith said if any letters
came there they were to be left, and witness would
call again. He called in a day or two, and there
were no letters. He called again and there were
three—one for "S. M.," one f "M. 5.," and
another for the Rev. Samuel Smith. It was on a
Saturday. fie gave one to Mre. Smith, and sent
the others in to Mr. Smith by one of the boys. She
took all three, and chose one, and put it in her
pocket, and gave me ter) back.
Robert Neville said—l am assistant to Mr.
Gibbs, gunwale r, Csrn-street, Bristel. I remems
her on Jan. 26 a gentleman called to look at some
pistols. It was about half-past 7in the evening. I
believe it was the male prisoner. He called again
on the Monday evening, Feb. 2. On the second
occasion:he purchased a pistol similar to this one.
He wished me to load it for bins. I loaded all six
chambers with powder and ball. He purchased a
box of caps. I did not put the caps on. I said it
was unsafe to carry them, and he had batter put
them ou himself. I put a pellet under the hemmer
and told him it was to keep the hammer off the
nipple while it was loaded. The pellet might be
knocked out by pulling the trigger, and a pusu with
the finger would send it out. I made out an invoice
for the pistol, and he gave a name, I think Hicks,
but am not certain. I am certain it was not Smith.
I thong t he was a clergyman, and I said—
ci Rae. ?" and he said, "Oh, no," and I wrote
" Esq ' after his name. The witness added that in
the state the pistol was now in it was not ready for
use, but the wadding must be removed.
Downton Lemon, a surgeon of Sorlbury, proved
that he was called to attend the prosecutor, and
found him with two wounds, one oa the fore part
and the other on the back part of the head. The
hair was saturated with blood, but he was not faint-
ing. Directed him to remain on the sofa during
the night, and not to take his clothes off. That was
to prevent fainting. Attended him for eight days.
Cross-examined by Mr. Huddlestoti—l know the
prosecutor went out on Friday. The wounds were
not dangerous to life, and would not indicate any-
thing serious. I knew the prisoner's father, the
vicar of Sodbury. The prisoner had been teacher
in a school before he went to college. He support ed
himself at college, took a cVtgree in honours, and
obtained a scholarship.
_Re-examined—l have known the prisoner.
William Wiadmill, police man, produced some
articles which he found at the prisoner's house on
Feb. 4, in a wardrobe in a room.
The prosecutor was here recalled, and identified
the things as his property, which he had in the par-
cel on the nigat he was attacked.
Edwin Russell, another policeman 2 said he ap-
prehended the prisoners at their houseeuse on this
charge. After they were apprehended the male
prisoner said to his wife, "If they ask you any
questions don't say anything."
Or oss-examined—Teat W4B on Thursday, Feb. 4.
He was taken before the aragiara es on the 11th,
and was out on bail in the meantime.
By the Judge—Mr. Mirehouse, the magistrate,
admitted him to bait.
This wa+ the case for the prosecution.
The Rev. Mr. Smith then addre.sed the jury
from a written statement which-he held in h's hand.
He said he should have to tell the jury of his shame
and of his wrongs, and to give the history of
his marriage. He would not c)nceal the truth,
but would reveal every circumstance that might
lead the jury tr a relit conclusion. Ho hoped
the jury would net be led away by the
calumnies which had been so industriously fabri-
cated and circtrated against him, and that
they would deal justly by him in the dis-
charge of their sacred duty. In September, 1843,
he first met his wife and proposed marriage, being
told that she had been in service at Swan and
Edgar's, and was going to another situation. He
would have married her at once but for his circum-
stances ; but he had been obliged to labour for his
support since the age of 15. Me had gone to Cam-
bridge, where 'he gained a scholarship, and lso,came
senior optima iu 1848. He married his wife in
July, 1819, but did not take her home, because, as
master of the 131, hop's school at Bristol, he had
but 1001. a year. He therefore thought it better
to leave her for a time with her friends in Kent,
where he engaged to pay far her boar 1. His wife
wanted to come to him ; but as he was still read-
ing for holy orders, he could not receive her in his
lodging, and proposed that she should go to boar d
at a milliner's at Bristol. After stating some more
circumstances, the prisoner went on to state that
ultimately his wife came to live with him it Clif-
ton, in lodgings which he took for her. In 1851
she was confined in her friend's house in Kent, and
again in 1852 ; and then she took a house, when a
third child was born, in 1854. He then resigned
his situation at Bishop's College, and opened a
school of his own, when ho had a fourth child born.
He did duty in several places in the neighbour-
hood, and was making about 4001. when ten cala-
mity came upon him, and a terrible dis dosure was
brought to his knowledge. He had often observed
that there was a melancholy about his wife, and
she would sigh on his bosom and tell him that she
was not worthy of him. He had of ten complained
of her staying so much in Keut, and there must be
some reason for her melancholy, though he could
not tall what it was. She once told him of a letter
she had received from the man Leech, and men-
tioned other circumstances which tended rather to
excite hi. je dousy. But lie overlooked it as she
contieue.d to bear him children and managed the
house welt. At length, on the 22d of January last,
she told him something which made him very un-
happy, but he said lie would forgive her it she
would take an oath that nothing had happened
since their marriage. Sae then knelt down
and told him of the circumstances under
which the prosecutor Leech induced her toj
meet him at Canterbury and committed adul-
tery with her, and that Leech afterwards
met her in London and promised that if she would
go and live with aim he would marry her in seven
years. The prisoner then proceeded to give a
graphic description of his wife on her knees with
her child en round her, imp o f eg.v,ness.
The idea racked his mind that perhaps the children
were not his own. His wife, however, assured him
that she had never done anything wioug since she
had been living with him, and as he believed she
had told him the truth, he promised to forgive her
afrer that discovery. He dwelt upon the wrongs
which had been done him, till he forgot everything
but himself. But he told his wife that he would

forgive her if slle Would Ining the man to Bristol,
iu order that li might retaliato. He &signed, as
ho (Leech) had lured I.ls wifi, to Whitstable for his
lu,t, he (the prsom,r) would lure the pcosecutor to
Yate, and there give him a sound thrashing. It
was under his direction hid wife wroto the letters,
. _

which he dictated. liethen;tated how he h~Ld in

sisted on his wife writing the letters, and disguising
herself, as she had do!ie, on the promise which he
made her that he would not do Leech any serious

injury. He bought the revolver for his own protec-
tion in o Ise the prosecutor siiould draw a knife upon

.... .. .
Lite ; but Lie solemnly denied that he had ever in-
fix., had he done so, he would not have acted as ho
tended to ue th©
had, so as to Lad. to his detection. his only oh
Pivol ag,ressively again; t Lerch,
ject was to do what he had dons—Viz., to give
Loch a good hewing, in order to solace his
,out-
raged mind. He owned that he could Lot justify
his conduct, which he should always deeply lament;
but he hop d his conduct wou'd
Le justly appre-

eiated by the judge and jury, who could not Glame
over-
come his wholo being. He implo:ed the jury to
him fur the burning indignation which Lad
put themselves in his place, and ask themselves
what redress the laws of the land and courts of

jnwie3 could have giveu him. Ho took the law
into his own hand, but who could d..thy that he had

sinned against human nature, or that Leech had had
mord th.au he deserved? • Tha jury might find