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

ASSIZE INTELLIGENCE.

OXFORD CIRCIIIT.--GLO COURT UCESTER, APRIL G.
CROWN .
(Before Mr. Baron Channell.)
EXTRAORDINARY CASE.
Samuel Smith, clergyman, of Clifton, and Sarah
Smith, his wife, were charged with maliciously cut-
ting and wounding John Leech, with intent to
murder him, and also with intent to do him griev-
ous bodily harm, on Feb. 3, 1858, at Westerteigh.
Mr. Skinner, Q. C., and Mr. Cripps appeared for
the prosecution ; Mr. Huddleston, Q C., and Mr.
J. Symons, defended the female. The male pri-
soner was not defended by counsel.
Mr. Skinner, in opening the case, stated the facts
at great length ; but it will be sufficient here to state
that the charge against the prisoners was that they
had conspired together to lure the prosecutor down
to a lonely common at Yate, on the Bristol and
Birmingham Railway, and there endeavoured to
murder him. This conspiracy was carried out by
writing letters to the prosecutor, in which the fe-
nnale prisoner falsely pretended that her husband
was dead, that she was a widow, and willing, if the
prosecutor felt so disposed, to renew their former
acquaintance and to marry him.
The learned counsel then called the following
witnesses :
John Leech, examined by Mr. Cripps, said—l
now live at Shirley, near Croydon, iu Surrey. I
am a road contractor. In 1846 I was nor the emply
of Messrs. Swan and Edger as alight porter. Duing the time I was there the female prisoner came
into service there, and remained two years or two
years and a-half. I was there all that time, and
afterwards. far name was Sarah Mills. Vhen
she left she had a situation in Tottenham-court-
road. While she was at Swan and Edgar's I had t eon
on intimate terms with her; and continued my visits
to her in Tottenham-court-road. Remember going
to see her on Good Friday, 1849. On that occasion I
saw aperson there who I was told was Mr. Smith (the
prisoner). He was opposite the house where she
was living, walking backwards and forwards. On
that occasion I took Sarah Mills out for a walk, and
from the position where the male prisoner was be
could see me take her out. When I came back I
saw him again. He was still walking in the same
place where I saw him before. He could have
seen me on that occasion also. I understood from
the female prisoner he was anxious to pay his ad-
dresses to her. I was aware of that before. I un-
derstood that his name was Samuel Smith, and
that he was at Cambridge treiversity. I believe I
raw her again in Tottenham-court-road in about a
month. Some time after that I ascertained that
she had gone away somewhere. I had not learnt
from her that she was going away. After she had
gone away I did not see her again for some mouths.
From what I afterwards heard I wrote a note to
her at some place near Canterbury. I should think
that was about the latter part of August, 1850. I
received an answer, which I have destroyed.
It gave me an invitation to go down and
meet her at Canterbury. I went to Canter-
bury, and met her and her sister-in-
law. We went together to Whitstable, to, I believe,
a relative's of the sister-in-law, a private house.
We all stayed at the house till the next morning.
On that suasion she told me she was married before
she left town to Mr. Samuel Smith, that he stayed
with her about three days, and returned to Cam-
bridge, and had been writing to her representing
that they were Lot legally married. I also under-
stood he had offered her an amount of money not
to trouble him again before he left. She said she was
staying with her friends, who lived in that part of
the country. I afterwards had a letter from Mrs.
Smith, saying they had had advice, I have de-
stroyed all letters. 1 understood she had been to a
solicitor and a clergyman, to have advice as to the
legality of the marriage. I can't tell how she signed
herself in the letter from Canterbury and the other.
I beli-ve I put both names on my first letter to her.
After the interview at Whitstable I saw her iu
London ; I could not tell, but I should think it was
in October. I saw her more than once about that
time in London. I met her several times in the
street. I was still in my situation at Swan and
Edgar's. lam not positive that she came into the
house, but I believe she came to the house when we
were closing of an evening. I had also been to her
mother's and seen her there. It was in Cirencester-
place, or somewhere in Tottenham-court-road. The
last time I saw her in London was in December,
1849. After that I received one or two letters from
her ; but I cannot tell the time. I, was soon after.
It must have been in January or February, 1850.
The last letter could not have been many months
after Christmas, 1849. In 1851 I received a letter
from Bristol. I should think it was in April or
May, or about that time. I believe it came from
Mr. Smith.

Cross-examined by Mr. Huddleston—l never
saw Mr. Smith write in my life.
Mr. Baron °haulmll—Do you appear for Mr.
Smith '3

Mr. 11 uddleston said he appeared for Mrs. Smith ;
Mr. Smith wished to make his own statement ; but
his cross-examination would go to both.
Mr. B iron °barmen said he approved that course.
Examination continued—The letter had the
Bristol postmark? I have destroyed the letter. I
answered the letter, and put it in the post, but I
forget the address that was upon it. I afterwards
received an answer to that letter. I forget the
name to which I addressed my answer, and I can't
recollect whether it was the initials or a full name.
I had known the female prisoner's handwriting. I
believed a part of the first latter, about eight
to be in her handwriting ; the rest was in a man's
writing. The second letter was all in a man's hand.
The female prisoner once showed me a letter in
Tottenham-court-road as the letter of Mr. Smith.
In the letter the female prisoner merely certified
to the truth of the statements made in the man's
handwriting.
Mr. Baron Channell held that the contents of the
letter were not admissible. It was only evidence
against the woman.
Examination continued—l received no letters
from the female prisoner from 1851 to 1858. I
learnt from the letters 1 received in 1.850 where she
was. I understood she was apprentice at a milliner's
shop ; I believe in Park-street, Bristol. I was
married on the 7th July, 1852, to a young woman
named Ellen. I lost my wife in March, 1857. I
went to live at Shirley, near Croydon, at Michael-
mas, 1853. My uncle, Mr. Leech, came to live
with me at the same time, and has lived with me
ever since. I received this letter, dated Jan. 23,
1858. I believe it it to ba in the hand of the female
prisoner. It was directed to Mr. John Leech, jun.,
Croydon, near Norwood, Surrey. The letter had
the Clifton postmark, and was as follows :
" Jan. 23, 1858.
"My dear Friend,—As I am now living in the coun-
try, near Bristol, a widow with three children, my hus-
band treated me more kindly towards the last, and has
left no 1,000/. if you have not forgotten your promise
made to me when we met and spent a day and night to-
gether by the seaside in 1849, I shall be glad to see you
once more if you are not engaged, write to S. M., care
of Mr. Lasbury, bookseller, Park-street, Bristol, to say
if you can come, and I will write again to tell you where
to meet me.--I remain yours sincerely. "S. M."
Mr. Baron Channell observed that the words
"and night" were interlined, showing that it was
an afterthought.
Examination continued—l answered the letter,
and directed it as requeste lin the letter. (Notice
to produce was here proved by Mr. Burrup, the
under-sheriff.) I posted the letter myself. I stated
I would come down to Bristol, and that I had been
married and had lost my wife. 1 mentioned her
name, Ellen. On the 29th of January I received an
answer, dated the 28th of January. It had the
Bristol postmark, and I believe it to be in Mrs.
Smith's handwriting. It was directed to " Mr.
J obn Leech, jun., Shirley, near Croydon, Surrey,"
and was as follows :

" January 2Stb.
" My ever dearest Friend.---Having come into Bristol
today with my friend Mrs. Isaacs, with whom I am now
living at a farmhouse in the country. I was pleased
to find a letter from you, as I feared not having heard
from you for such a I,)ng time that you might have gone
frora your old home to some more crs'ant part of the
oonotry. It being market day I came in, as I °Len do,
to buy a few things for my dear little children, and
I shalt be coming into Bristol again on Sunday, the
31st, With my friend, and shall be returning again by
the 5 minutes before 7 train by myself to Wanly,
where I live, and if you still care for nv, as you ass,
shall be glad to meet you at the Bristol and Birrning-
ham platform at a quarter to 7 ; and then you will see
with year own eyes that I am your own dear old friend
Sally, then you can come on . with me and stop in the
village all night, and we can talk over matters together,
and if you still wish to be honourable to me I shall be
very glad to see you and to be yours for ever ; bur
• mind there must be nothing improper. I was sorry tv
hear you say your poor mother was dead, and more so
RAID. I suppose you married her. I think you miglit
have seen by the circumstance I mentioned in my lait,
note that it could be no other than your old and sincere
friend Sally ; therefore I shall subscribe myself as be-
fore, " S. M.
" P.S. Same address. Please write directly on re-
ceipt of this, and it get
posted in London on Friday
night, if you can, as I shall call for the letter a as I go
through on Sunday morning.
" Good bye for the preterit. If this does not reach you
in time to write again, come the following Sunday,
Feb. 7, or fix some other time, and I will endeavour to
meet you."
I again wrote an answer to that letter, and directed
it to the same address as before. I put it in the
• post. I said it was not convenient to me to come
411 the Sunday (Feb. 7). I then received this letter
(dated Jan. 31), I believe on the Monday (Feb. 1).
I believe this letter also to be in Mrs. Smith's
handwriting. It was directed in the same way as
the las, and like both the preceding letters, was

Th-

written on black-bordered paper, and in an enve-
lope of the same kind. The letter w“jasaansuaforyllzs :
"Dear John,—l was glad to receive your kind letter
this morning, though I must say I was disappointed that
.
you did not come to-day. I long to hear the
ythoeuroamboauntcomugr
future prospects.
you have to tell me, and to talk t
prospects. I have not time to write to day, so
shall only say that I wish you very much to come by
the one o'clock train from Paddington next Wednesda',
3d of February ;it gets here at half-past five,
,attci I
will meet you at a quarter before seven at the Bristol
and Birmingham station. As I said before, th,., trains on
Sunday will be ill convenient, and they may be altered
in February, so you must inquire about that ; and, be-
sides, next Sunday all the Isaacs will be at home, but on
Wednesday next they will drive into the circus, and
won't be back in the c iuntry. before 12. I can come with
them and return by the train I told you of, and we can
have a chat to ourselves over all we have gone through
since we last mot. If you wish you can get something
at the hotel by the station. Dear John, as you don't
say anything about marriage, and you know we have had
a great many troubles before, I shall be glad if you
would bring my letters with you, and we will at once
settle it one way or the other, as we must nob trifle any
more. You will get this to-morrow. Write directly,
and I shall get it on Wednesday, as before.—Yours ever
affectionate, in haste, S. M.
I wrote a reply to that letter, and addressed it as
before and put it in the post. I stated I would go
by the train at 1 o'clock from Paddington? and
'would be at the Bristol and Birmingham station at
the time appointed. I came to Bristol by the 1
o'clock down train on Wednesday, the 3d of Feb-
ruary, and arrived at Bristol at 5 p.m. I brought
with me an umbrella and small parcel. I went to
the Bristol and Birmingham station about 20
minutes or a quarter to 7. When I had been on
the platform about five minutes I saw a gentleman
go into the waiting room, who I thought was very
much like the person who had been pointed out to
me as Mr. Smith. After waiting a few minutes I
saw Mrs. Smith. When I saw her she was coming
up the stairs to the platform, and I was looking
over the top. The window of the waiting-room
looks towards the stairs. The platform can be seen
from the waiting-room. Mrs. Smith was dressed
in a dark grey shawl, and with widow's weeds. She
was dressed as a widow with a grey shawl over her
dress. I went part of the way down the steps to
meet her. We then came back to the platform.
After asking after her health, for I thought she
looked very iewell, I asked her how long
Ms. Smith had been dead. She said, " Six
weeks. ' I said, "It is very strange. While I was
waiting on the platform, I saw a gentleman go into
the room who I thought was so much like what I
remembered of Mr. Smith." She said, " How could
you think that ? He has been dead six weeks."
Her face was open. I don't remember seeing a veil.
Her face could be plainly seen. I asked her where
I was to get tickets for, when she said, "eats." I
had never been in Bristol before. When she said
" Tate," I went and got two first-class tickets for
Yate. I left her on the platform, and was away,
I should think, five minutes. I was waiting for
the tickets, and she came down and stood near the
bottom, of the stairs. I then went with her into
one of the first-class carriages. The train
went to Tate without stoppage. After leaving
the carriage, I was following the rest of the
passengers. There were several others got out.
Mrs. Smith was with me. I passed out with her
through a gate where the other people were going.
When she got out I was going the same way as the
other persons, and she said there was another
gate she wanted to go through. There was a fri -nd
named Isaacs coming to meet her, in case I did not
come by the train as was expected. We went to
find the gate, but could not find it, for it was very
dark. We had got close to it when the station-
master brought a light. She had not then said
anything about the common. When the station-
master came up he said it would be impossible to
cross that way across the common on so dark a
night. I asked if there was no conveyance there
we could get. I asked them both. Mrs. Smith
said she was sure she could find her way ac:oss the
common, and expected a friend. She said she should
know her way by a bridge, which was a little dis-
tance. The stationmaster showed his light till we
got on the common. He then left us and want
back. I continued to go on with her along a com-
mon. It was very dark indeed. It was not
raining, but very dark. We had not gone I
should think more than 150 yards, when
something occurred. I several times asked if she
could find her way, and she said she could
as soon as she could find the hedge. When
we had got about 150 yards she called out,
" We're lost." At that time I was feeling for the
hedge with my umbrella in front of me. I heard
another voice, a man's, say, "I am lost, too."
When I heard that I just turned my head half
round, and could see the shadow of some one ap-
proaching. When he came near me I received a
very heavy blow on the back of my head. I saw
the man; but not his featu-es. I saw something of
rather a light colour iu his hand about 15 or 18
inches in length. It was as thick as my wrist. 1
also received two or three blows on the front and
other parts of my head with the same instrument.
(The witness here exhibited several scars, one on
his forehead, and the others on other parts of his
head.) My hat got off, but I don't know how. It
was not marked. The largest cut was the first.
When I received the blows I closed with him, and
caught him by the collar with my left hand, and his
left wrist with my right. The last time I
saw Mrs. Smith, before I was attacked, she
was three or four yards off. When I
closed we both fell ; he was undermost and I fell
upon him. I kept my hold upon him, with my
left hand on his collar, and I held his left hand out
straight with my right. At that time I noticed
something in his left hand. I supposed at the time
what he held in his hand was the bludgeon I was
struck with. I called out " Murder," and " Help,"
and two or three men came from the station. Two
lights were brought. Use of the men lifted me off
the prisoner. When the man was going away the
light was going away, and my impression was that
it was the same person whom I had seen go in'o the
waiting-room at Bristol. I cannot tell what Mrs.
Smith was 'doing at the time I was attacked. I
believe the man to have been the male prisoner,
but I will not swear.
Mr. Huddleston said there could be no question
about the identity of the prisoner.
Examination continued—When I was lifted up I
could not stand. The blood was flowing from me.
The man got up and went away almost directly.
I said, " Stop that man ; he has nearly killed me."
I saw him go to the woman, and put his hand
to her back, as if he pushed her ; and they went
away off the common. At the time I had
the parcel with me, and lost it at the time of the
struggle. I have since seen the articles which it
contained in the possession of the policeman Wind-
mill. I have got the umbrella still. I dropped it
in the struggle, but found it afterwards with the
handle broken. I was afterwards attended by a
surgeon for these wounds. I was taken to the Rail-
way Inn, at fate, and remained there under medi-
cal treatment about eight days. I was ordered to
keep my clothes on, and did so till the next day.
Cross-examined by Mr. Huddleston—l walked
to the spot on Friday to look at the place. I did
not go out on the Thursday. I was engaged to my
wife about 15 months before I was married to her.
I can't tell when I was first engaged to be married
to her. I should think it was about 1845. I first
knew Sarah Mills (Mrs. Smith), I bel eve, in Dec.,
184 g. She was not a young creature of 16 at that
time. I believe she was 17. I was three years
older. It was a week or a fortnight before I wen t
to Canterbury that I wrote to her. I believe I
put both the limes (Mills and Smith) in the
letter, but I will not be sure. She proposed Can-
terbury as the place of meeting. It was she, not
I, who proposed to go to Whitstable. I was not
known at Canterbury, but she was. Her brother's
wife was with her. It was at Canterbury she told
me her husband had left her. I went to a private
house at Whitstable. I went out for a walk with
Mrs. Smith. I am not sure whether I took a return
ticket. I might have come home from the walk too
late for the last train to Canterbury. We spent
that night in the house. I shall decline to answer
the question whether I had intercourse with her. I
do decline. I have no particular reason, but Ido
not wish to do so. I might have said that I would
marry her at the end of seven years if sbe had eo-
thing more to do with her husband. I don't re-
member saying it. I was as likely to say it at
Canterbury as while I was on the walk. I will not
acmwoonenavrtehrl did not say it, hot I don't remember the
conversation. This
aftaTbriis
inweatleirninALugounsdto.n. AlioNvenutat
to her brother's house a policeman. She came
°
out and met m_ )
time. She
went _ow several times about that
with me oanncde
mother
to my
motherhouse at Shirley to dtea.n y.t
were present. I could not tell how many times I
met her in October. I did not have in ereou.se
with her there (at Shirley). I shall decline answer-
ing whether Iliad intercourse vtith her in London.
(Sensation.) Her father lived at Waltham, about
four miles from Canterbury.
Re-examined by Mr. Skinner—These matters
about which I have c;eclined answering took place
in 1849. When I wrote to her at Canterbury I
did not know she was married. Ido not know it
now.

Thomas Suffolk, the station master at Yate, was
called, and stated that the prisoner's father was
formerly Vicar of Sudbury, and that the male pri
soner Smith had long lived in the neighbourhood.
The witness confirmed the evidence given by the
prosecutor as to the arrival of the parties at Yate ;
but as it was not disputed that the prisoners were
both th-r-a, and the only question was with what
intent the prisoner struck the blows, it is unueces-