The Sun.
London, England, 1859-12-01 00:00:00

1

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brated in the church in 1858. I find therein a register o,
a marriage by license between Thomas Smethurst and
Isabella Bankes, on the oth of December, 1858. I was °Ti°
of the witnesses to the ceremony, and Lucy Ambrose was
the other. The prisoner is the person married in the name
of Thomas Smethurst.
Miss Louisa Bankes was next called.
Mr. Clark—Will you look at the simnature of cc Isabella
Bankes," and tell if you know in whose handwriting it 19'
Miss Bankes—lt is in the handwriting of
my murdered
sister. (Great sensation.)
Cross-examined by Mr. Sleigh—l never was introduced
to Mrs. Smethurst at Rifle-terrace.
Mr. C. Lafont recalled, and, in answer to the learned
judge, said—While my father was living with my mother
under the name of Johnson, their relatives did not visit
them. They went out together to parties. Dr. Smethurst
called my mother by the name of Johnson. I introduced
him to her as a friend of my own. He afterwards visited
in a friendly manner.
Mr. Sleigh, for the prisoner, submitted that the prosecu-
tion had altogether failed, as they had omitted to show that
Mary Durham was a person capable of forming a valid
marriage in 1828.
Mr. Clark contended that it was no part of the Preset-
tion to prove the first as a valid marriage, as it rested 'fru"
the defence to show the contrary.
Baron Bramwell said he was of opinion that there act,'
case to go to the jury, but as Justice Byles was in an 11""
joining room, he would consult him. Ho had, however, no
doubt whatever upon the point.
The learned judge then retired for a few minutes; on
°
return
His lordship said Mr. Justice Byles was strongly of
opinion that there was a case to go to th
ho jury, and ge jury. fi
Mr. Sleigh then rose to address er
briefly touching upon the points given in evidence, Prod°.
ceeded to argue that the pardon the prisoner had reeeslytho
was to be taken as a certificate of his innocence °I
crime of murder with which he lead been charged.
is
Baron Bramwell—l don't think, Mr. Sleigh, a Pardon
of
any more a certificate of innocence than a verdict of ne
guilty.
Loud demonstrations of applause followed this obse.
vation, in the midst of which the learned :rag;
exclaimed, in a loud voice, " Mr. -Usher ile
me a person who is making that noise. Indeed, "1.0
ch
prevent a repetition of it. It is most unseemly that au
,f
demonstrations should take place in a court of justice. 101
such things were tolerated their proceedings Wel/144'2";
lowered to that of a bear-garden."
ce'Le- with
Silence having been restored, Mr. Sleigh pros • 0
his address, and apologised if he had made any observattotbi
out of his position as the advocate of the prisoner
atm is
bar. Ho thought that the marriage which took Pl6'.: galled
1828 was invalid, because the Crown had altogether
'
to show that one of the parties at least was in a position
•
contract marriage. and;
The learned judge briefly summed up the evidence,
of
after a short deliberation, the jury returned a verdict
Guilty. mid
Previous to passing sentence, Mr. Baron Brame' `"" fiatilt
as there was a peculiarity in the case, ho would c°„--
with Mr. Justice Byles, and his lordship le" bs
court for this purpose. In about two niillille6ner,
returned into court, and, addressing the Pri°l3l ,
of-
said he had been found guilty of bigamy, and for thsbini
fence, and that only, was he about to sentenc°o,
He wished to express no opinion on the charge arn don
as ho did not think he aught to take that into con But
as an augmentation or diminution of punishment'
doubt
with respect to the last marriage, it was beyond a
tea
the prisoner took a false oath, because when be "a'3B °sod
if he knew any impediment to the marriage, be rtefader
he did not, well knowing ho had a wife then living' atesta
all the circumstances he thought it his duty te B,°-hatis.
the prisoner to one year's imprisonment with hard 'it—