The Sun.
London, England, 1859-05-12 00:00:00

a calm and correct statement of the truth, without
a particle of malice.

-Mr. Justice Crompton concurred. If the court
were to grant the application it would be as much
as to say that:the public press should not state any
public proceeding without giving an opinion upon
it. It might as well we said that if a grand jury
returned a bill of indictment the fact could not be
stated in a newspaper.
Mr. Kemplay—The applicant is very anxious to
take the earliest opportunity of denying the charge.
Lord Campbell—He should have denied it in a
letter addressed to a newspaper, and not have come
to her Majesty's Court of Queen's Bench with so
frivolous an application. This is not a place where
handbills are to be posted up to give information
to the rablie.
Itulu refused.

S'E'RIOUS CHARGE.

Yesterday Thomas Smethurst, a surgeon, was
brought up on remand before a full bench of magi-
strates, at the Sessions-house, Richmond, charged
with causing the death of Isabella Bankes by ad-
ministering to her from time to time arsenic or
antimony.
Shortly before 11 o'clock Mr. E. Penrhyn, the
chairman of the. bench of magistrates, took his seat
in the court, and was supported by Sir T. N. Reeve,
Sir H. Baker, Messrs. H. C. Lacy, G. F. Whiteley,
L. Penrhyn, W. Lamber, and Captain Price.
Mr. Sergeant Parry, instructed by Mr. Teesdale,
is retained for the prosecution on behalf of the
friends of the deceased lady, and Mr. Hardinge
Giffard, instructed by Messrs. Humphrey, Son, and
Morgan, appeared for the defence.
The prisoner was placed at the end of the table,
and was allowed a chair during the inquiry, and
maintained a calm composed appearance throughout,
occasionally leaning forward to instruct his solicitor.
The Chairman, turning to Mr. Ballantine, said
that since the last examination, circumstances had
transpired which gave a very different aspect to the
whole affair, and that it would, in consequence, be
necessary to go over again the ground that had al-
ready been gone over at the previous examination.
Mr. Sergeant Ballantine said he was aware of
the fact, and the course he proposed to pursue was
to ignore the depositions that had been already
taken and to begin the case afresh. This case was
one of great importance, and it would be his pain-
ful duty to charge the prisoner with the crime of
wilful murder. He was instructed by the friends
of a lady named Bankes to prosecute this charge,
and, if his instructions were correct, he would have
to call upon the magistrates to commit him for
trial. He would lay before the bench the facts of
which he was in possession, and, after hearing wit-
nesses with regard to them, and the medical
evidence he should lay before them, it would be for
them to say (subject to the remarks of the counsel
on the opposite side, and he hoped he would be able
to answer the witnesses satisfactorily) whether the
bench could deal with the charge or send it else-
where for investigation. The lady about whose
death they were inquiring was a person who moved
in very respectable society, and her friends were
highly respectable. The father had left only two
daughters unmarried, the deceased and another
lady, who, though on terms of intimacy, were not
living together. The deceased lived at a boarding-
house, No. 4, Rifle-terrace, Bayswater, and subse-
quently left there and went to live at another
boarding-house in Kildare-terrace, in the same
neighbourhood. She was living in a position in
life in which her means entitled her, and that was
as a gentlewoman. It would be important it should
be known that Miss Bankes had a life interest in
£5,000, and an absolute right in about £1,700 or
£l,BOO under the will of her father. The prisoner
was living at the boarding-house in Rifle-terrace
with a lady very much older than himself, whom
he called his wife. The deceased, when she
left that house, went to reside, as he had stated,
at Kildare-terrace, and shortly afterwards the
prisoner came to her there, and they left that
place together. It was at first imagined that this
lady had forgotten her duty to herself and society,
and had gone to live with the prisoner, but
the fact was that she was married to him the
day after he came to her in Kildare-terrace, and he
would produce the certificate of that marriage.
She was in the habit of communicating with her
sister, but after she left Bayswater that sister did
not know where to find her. They came to Rich-
mond and took lodgings in Old Palace-terrace, the
Green, Richmond, and lived there as Dr. and Mri.
Smethurst. In this place she was taken ill and
suffered from diarrhoea and vomiting. From there
they removed to Alma.terrace, where the unhappy
lady died. They went there at the latter end of
April, and the death of the lady took place on the
3d of May. During the time that she was vomit-
ing Dr. Smethurst was treating her and expressing
himself with the greatest affection, and it would be
of the greatest importance to the prisoner and to
the inquiry that he sent for Dr. Julius and his
partner, Mr. Bird, and that they attended her from
the time they were called in to attend her at
Palace-green until the time of her death. They
found her suffering from diarrhoea, but could not
trace the origin of . it. These gentlemen used the
ordinary means to-get rid of the diarrhoea and the
vomiting, and they would state that the disease
baffled all their endeavours, 'and they were totally
at a loss to account for the extraordinary symptoms
that showed themselves. They suggested, and the
prisoner at once complied with it, that they should
send for the highest medical assistance in the king-
dom—he alluded to Dr. Todd, and that gentleman
came on the Thursday before she died. He was
totally at a loss to account for the symptoms in
accordance with the facts, and when with Dr.
Julius he expressed a strong opinion, which he
would state when giving his evidence, and the
result of that opinion was that the secretions were
taken and tested, and found to justify that
opinion. They were found to contain incontest-
able and decided traces of arsenic. Drs. Julius
and Bird paid particular attention to this case,
for it was an extraordinary one, and they could
not account for the progress of the disease. They
would tell the magistrates what medicines they
gave, and so would Dr. Todd, and they would
show that they had not in any way given either
arsenic or antimony. Smethurst's conduct to the
deceased was kind and affectionate: He had the
entire control and management of the sick-room,
and nobody could have given her anything but
himself. He had the whole control of the sick-
room, even to getting rid of the secretions, and if
there was poison administered to her, either in the
shape of arsenic or antimony, it must have been
administered by the prisoner, for neither Drs.
Julius, Bird, nor Todd gave either arsenic or anti-
mony in any of their medicines.
Mr. Giffard asked that the witnesses in court
might retire, and after some conversation the re-
quest was acceded to.
Mr. Sergeant BallantineZsaid he had now told
them the conduct of the prisoner, subject to what
he should be able to prove as to whether any poi.
sons were found in the lady's stomach, and there
was no doubt that the case did then present a very
formidable mass of evidence that went to show
that either arsenic or antimony was found in the
lady's stomach, and that there was no means of its
getting there but through the medium of the pri-
soner. On the 3d of May the stomach, the kidneys,
and the heart had been taken, for analysation, and
the result had been such as to leave no doubt that
the deceased had lila poison administered to her in
such quantities as rendered death, though slow,
perfectly certain. It would now be important to
show the motive the prisoner would have for com-
mitting the crime with which he was charged. This
lady had the power of willing some £1,700
or £l,BOO as she pleased, and he would show
that the prisoner called on a gentleman in Rich-
mond, named Senior, and said that a lady
wished to make her will, and he wished
him to draw it up for her. . Me produced a docu-
ment, which he said was prepared by a barrister in
town. Mr. Senior said he had no objection, and
that he would come that day (Saturday, April 30)
to see it executed, but Smethurst said the lady was
too ill to do it that day, and asked him to come on the
following morning. He at first objected to do it on
Sunday, but on being assured that it was a case of
necessity, he consented. He went on Sunday
morning, at 9 o'clock, and was taken up to the
lady. He expressed a wish to have a medical man'

present, and he said it was nornecessary, as she
was perfectly competent to make a will. He gave
as a reason for not wishing to have a medical man
present that he was not married to the lady though
he was living with her as his wife, but that he
should marry her as soon as her health would
permit. He came, and the will was executed, and
was witnessed by the" landlady's daughter. When
he went up to the room the lady produced from
under her pillow the draught of her will, which
was the very document Dr: Smethurst had shown
to Mr. Senior, and was in his handwriting, and
which he stated was; drawn up by a barrister in

town.
The document was put in and read. It was the
draught of a will drawn up in the deceased's maiden
name, and leaving her personal property to the
prisoner, whom she described as her" dear friend."
• Mr. Sergeant Ballantine proceeded to say that
this was found in a chest when the man was taken
into custody, before the lady was dead. This
showed the motive. While the prisoner was living
with this woman that he marriedhadeiwas fn
he was
munieating with his wife.
A it crong:
the prisoner when he was taken into custody
directed to his first wife, and ready to post. The
letter is as follows :

" Monday, May 2,.1859.
My dear Mary,—l have not been able to leave tor tewill

as I expected, in consequence of my medical aid being re-
quired in a case of illness. I shall, however, see you as
soon as possible. Should anything unforeseen prevent my
leaving for town before the 11th 1 will send you a check
for Smith's money and extras. I will send £5. lam quite
well, and hope you are the same, and that I shall find you
so when I see you, which I trust will not be long first.
Present my kind regards to the Smiths and all old friends
of the house. I beard from James the other day, and he
said he had called on you, but that you had gone out for a
walk. With best love, believe me, yours affectionately,
THOMAS SMETHURST.' '
Mr. Sergeant Ballantine continued—He had laid
the case before them, he trusted, dispassionately
and fairly, as it was the anxious desire of himself
and everybody connected with him to obtain
simply the truth, and God forbid that any other
feeling should enter into his mind.
Miss Louisa Bankes was the first witness called,
and said—l live at 10, Langliart-villas, Maida-hill.
I saw my sister after her death ; the person pointed
out to me was my sister. Her age was 43, and she
was unmarried. We did not live together. I re-
collect her going to live at a boardinghouse, No. 4,
Rifle-terrace, Bayswater, in the autumn of last
year. I recollect her leaving that house and going
into a boardinghouse in Kildare-terrace in the same
neighbourhood. I was in the habit of seeing her
at both places. Ido not know that she had a dis-
position to relaxation of the bowels. When I
visited her at Kildare-terrace I was introduced by
her to Dr. Smethurst. She was in a very good
state of health at that time. Some time after I
met her with Dr. Smethurst in Kensington-
gardens, and the deceased left him and came and
spoke to me. I saw her the evening before she left
Kildare-terrace, but Ido not know the date. I did
not hear from her again until I received a letter
from her on the 9th of February, 1859, and from
that date until the 19th of April I received letters
from her. This is the letter I received about the time
it is dated. (The letter was entirely of a private
nature, and did not appear to bear ou the case
beyond showing the affection existing between the
two sisters.)
Mr. Sergeant Ballantine said he had laid the
whole of the correspondence in his possession before
Mr. Giffard, that he might make use of any that
would be of use to him in the defence.
Miss Louisa Bankes (continued). I received
this letter, signed "T. Smethurst." I have received
similar letters from Smethurst, and have spoken to
him afterwards about some of them. The letter
was then read :
" Strictly private and confidential.
" Dear Miss Bankes,—Your dear sister Isabella wishes
me to request the fiveur of your calling upon her as early
as convenient, as she is really very ill and desirous to see
you. She also wishes me to say that you will greatly
oblige by coming alone, and ask for Dr. and Mrs. Smet-
hurst ; say that you have called to see your sister, and that
you will breathe not a word of the contents of this note to
any one. She further wishes me to say that she cannot
ask you to remain • she simply solicits seeing you for the
present. The rail from the Waterloo-station about every
half-hour, and Richmond from the White Horse-cellars,
Piccadilly.
" I remain, dear Miss Bankes, yours faithfully,
" THOMAS SMETHURST.
" 10, Alma-villas, Richmond-hill, April 18, 1859."
I went down there and arrived between two and
three o'clock. I saw Dr. Smethurst before I saw my
sister. She was very ill, and much changed from the
time I had seen her last. I remained there some
hours, but not in the room all the time. I was never
alone with her. I did not express a wish to be alone
with her. I do not think she gave me any account of
the nature of her illness. She was not able to tell me.
Dr. Smethurst said she had been suffering from
sickness and diarrhoea,. I have a relative, Mr. Lane,
of St. George's Hospital, and I proposed to Dr.
Smethurst that he should come and see her; and he
said he had better not, fot my sister did not wish it.
That was in her presence. Dr. Smethurst was once
out of the room for two or three minutes, and then
I was alone with her. While he was in the room
he said he did not think the money she had received
under her father's will was as much as she ought to
have had. I left her about 5 o'clock. She expressed
a wish that I should come soon and see her, and I
promised to do so. While I was there I noticed some
tapioca in a cup in the cupboard. My sister said
she did not like it because it had a disagreeable taste.
She said she should like me to prepare some for her,
and I said I would do so. I did not do so because
Dr. Smethurst said the milk had not come. I after-
wards offered to make some, and he said it would in-
terfere with the landlady. I proposed to get some
isinglass, but he did not seem to wish it, though he
said nothing. She said that he was very kind, and
that he watched her so tenderly that she was quite
happy. They occugied one bedroom, but I made no
remark about it. She said if I would wait a little
and be quiet it wouldl3e anight. I left, and got
another letter from him before I went again. The
following is the letter :
"My dear Miss Bankes,—We are in receipt of yours of
yesterday's date, for which we are greatly obliged. After
your departure dear Bella had a very bad evening and night
and that purely from the excitement of seeing you and the
fatigue consequent thereon. Vomiting ,and sickness set in
at a fearful rate, which of course prostrated her greatly.
Her doctor, therefore, at once forbade any visitors for the
present, or he would not be responsible for the effects atten-
dant thereon. Last night was a good one, but lam sorry
to say a trying one. She is now, however, again better, and
lam happy to say recovery is really expected' by all. I will
write again shortly. Dearest Bella sends her kindest love,
and, with kindest regards, believe me yours faithfully.
" " 10, Alma-villas, April 21, 1859." THOMAS SMETHURST.
I had written to my sister, addressed to Dr. Smet-
hurst. I received that letter, and in consequence
did not go down. 'Subsequently I received this
letter :
" My dear Mjss Bankes,—Bella's dearest love and best
thanks for your kind attention, in which I cordially unite.
She has not yet got over the emotion of meeting you, poor
dear, and is still looking forward to a very early interview;
indeed, she would like to name Monday next for your tak-
ing a chop with me, but I think it would be more desirable
to say the middle of next week, for the doctors, even this
morning, have prohibited anything of a nature which might
try her very weak powers, since it would be impossible to
bear up against shocks to the nervous system, and on these
grounds alone she is ordered to keep her room, in order to
treasure her strength. The aspect of affairs is favourable
if great care be observed, and we three doctors have every
hope of a successful termination. I shall not fail to call for
the jelly. I purchased some very beautiful yesterday, and
dearest Bell has partaken of two or three glasses of it, and
I think, with benefit. Dearest Bell says she would rather
not see uncle Lane ; however, we will talk this matter over
at our next meeting. With every kind wish, in which
dearest Bell unites, believe me yours faithfully.
"THOMAS SMETHURST.
" April 23, 1859."
I still did not go down, and received the following
letter :
"My dear Miss Bankes,—Dearest Bella requests me to
thank you kindly for the jelly; poor thing, she tries her
very best to eat it. It is, however, I imagine,
too sweet for her taste, especially as now, with constant
nausea, sometimes it is retained on the stomach, at others
it is speedily vomited. I obtained some front town, which
is not so sweet, but this she puts aside for yours. I
very
much regret to say that she has not once properly rallied
since seeing you. Her nervous energy must be very low
indeed, or this would not have happened. Still we have
every hope of a good recovery. To-day I have insisted on
having a consultation with Dr. Todd, of King's College
Hospital, the first physician of the day, witd her two re-
gular medical attendants, who are also the first doctors in
this town. She is still ordered quietude, and all visitors to
be excluded for the present; therefore dearest Bella begs of
you to wait a little longer than was anticipated before call-
ing on her. As soon. as -I have got Dr; Todd's opinion I
will send you a few lines on the subject. With our
united love, believe me yours faithfully,
" THOMAS SMETHURST."
I wrote a letter to him, and in reply received the
following letter :
" My dear Miss Bankes—We saw Dr. Todd, from Lon-
don, last evening as late as 10 o'clock, in consultation with
Dr. Julius, of Richmond, our dear Bella's daily medical
attendant. He not only acquiesced in what is being done,
but recommends a perseverance.in-the treatment with some
eligtt addition of his own prescribing, entertains pro--
habit) hopes, like the rest of us. The bilious vomitings are
entirely arrested, but sickness still prevails to a great ex-
tent, with occasional violent retchings, which almost shake
her very life out of her, and the bowels continue to act
eight or ten times in the 24 hours, spite of all we can do.
This action is very different from What is usually called
diarrhoea, and is theresult of impaired bowels and congested
liver, which must-have existed for a very long period. I am
sorry to say there is no appetite, the only thing which
raises a fear in my mind, for how nutrition is to be obtained
equal to the loss of strength under the circumstances does,
I confess, somewhat puzzle me. Nevertheless, there are
still good and improving points from which we trust to
build our hopes upon. I much regret the state of the case
will not yet admit of even your seeing her for the present,
since any or the least anxiety only tends to debilitate her
nervous system. We both anticipate very shortly seeing
you here. Dearest Bella sends her kind love and best
wishes, in which I beg to join, and believe me yours very
faithfully,
" "April 29, 1859," T. SMETHURST.

The next letter I received was as follows :
"Dearest Miss Bankes,—ln reply to your favour of yes-
terday's date I am exceedingly sorry to say dear Bell has
passed a wretchedly bad night; passed 15 motions in the
24 hours, and of a very bad description. There is now so
much eed in the stools, and besides which there is an
entire want of appetite, consequently I have a great dread
for tho result. She read your kind letter, and agrees with
me that it will be better that you should be near to us, so
that if you will run down as early as convenient you can
then take a room or rooms near at hand. It will indeed be
a source of comfort to me to have you with us. I much rc-
gret there is no accommodation in this house for you, as we
occupy all there is to let, and have not room enough for
ourselves Dearest Bella sends her kindest love, and, with
every good wish, believe me yours faithfully,
" April 30, 1859." T. SMETRUEST.
I received that letter on Saturday and went down
on Sunday. I found my
sister very weak indeed,
much weaker than I :had previously seen her, and
minutes, Smethurst
scarcely able to speak. I remained with her teninutes, and then went downstairs. Dr.

was present the whole time. I brought some soup
with me, and he said it was too strong. He took

some of it and put some hot water to it, and then
took it outside the door and said he would cool

it. He brought it in again in about a minute, and
gave the deceased a small quantity of it in
a teaspoon. She took it but brought it up
directly. I took her some arrowroot after the
soup, and Dr. Smethurst gave it to her. He got it
from outside the door, the same place he had taken
the soup to. She took a spoonful of arrowroot and