The Sun.
London, England, 1859-11-12 00:00:00

TIM STN, LONDON, SATURDAY MIMING, NOVEMBER 12, 1859.

THE CONVICT SMET.HURST.

The greatest surprise was created this morning
by the semi-official announcement that Dr.
Smethurst, whose fate has so long been a matter of
speculation, would be brought before the magi-
strate sitting at the Southwark Police-court on a
chai ge of bigamy.
The paragraph in question did not positively an-
nounce that a pardon, or any commutation of the
sentence of death, would be extended to the pri-
soner; and in official quarters all answers to ques-
tions whether, in the event of the charge of
bigamy breaking down, the prisoner would be re-
stored to liberty, were politely declined.
Consistently, however, with the announcement,

APPEAL-PEARCE V. LINDSAY.

the prisoner, Thomas Smethurst, was this day, at
half-past twelve, placed at the bar beforo Mr.
Combe, the Southwark magistrate, charged as fol-
lows :—For that he, one Thomas Smethurst, on the
9th of December last, within this district, did un-
lawfully and feloniously intermarry with one Isa-
bella Bankes, his wife Mary being then alive.
The interior of the court was densely crowded,
and great excitement prevailed. At the time above
mentioned the prisoner was brought into the
justice-room by Mr. King, the governor of Horse-
monger-lane gaol, in obedience to a special warrant
forwarded to him from the Secretary of State for
the Home Department to do so.

ROLLS COURT.
(Before the Master of the Rolls.
IN RE DAVIES-JUDGMENT.

Smethurst wore a black cloth Chesterfield over-
coat, closely buttoned up to the throat, a black
satin stock and kid gloves. In personal appearance
he has not undergone any marked change; the
only difference observable was that he was some-
what paler than when he last appeared in public.
His brother,Mr.James Smethurst,occupied a position
very close to him, and after exchanging a few
hasty words with him and another gentleman
close by, he assumed his usual calm appearance.
Mr. Clarke, the barrister, instructed by Mr.
Pollard, the solicitor to the Treasury appeared
for the prosecution, and Mr. Robinson, of
Half Moon-street, Piccadilly, appeared for the de_
fence.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE ELPHICK.

Mr. Clark said he had the honour to appear there,
instructed by the Solicitor to the Treasury, by
direction of the Secretary of State for the Rome
Department, to prosecute the prisoner for bigamy.
It would be unnecessary for him further to
allude to the case further than to say that in Aug.
last the prisoner was tried and sentenced to death
for murder, which sentence, however, had not been
carried out. It was during that trial that, the pre-
sent offence was discovered, for it appeared there
that the prisoner married a lady named Isabella
Bankes, for causing the death of whom he was
indicted, during the life time of his first wife,
Mary. He should merely prove what he had
stated by witnesses, and then ask for the committal
of the prisoner on a charge of bigamy.
1 he learned gentleman then called

Mr. William Easter, who said—l am the clerk
at St. Mark's Church, Kennington.

Mr. Clarke—Do you produce the registry-book
of marriages celebrated in that parish during the
year 1828 ?
Witness—l do.

Mr. Clarke—Open it at the 10th of March, 1828.
The witness did so.
Mr. Clarke—l think we had better, before we
proceed further, call a witness to prove the hand-
writing.
Mr. Combe—Very well.

Mr. Charles Lafont—l reside at 24, High-street,
Bloomsbury, and am an artist.
Mr. Clarke—Do you know the prisoner?

SIIERIFFS' COURT.
THE STANNERIES COURT. JURY V. BENNETT.

Witness—l do; his name is 'Thomas Smethurst.

Mr Clarke—l believe you also knew Mary
Durham ?

Witness—Yes, she was a relative of mine.
Mr. Clarke—Look at that book, and tell the ma-
gistrate whether you recognise any handwriting.
Witness—l know the signatures " Thomas
Smethurst" and " Mary Durham" to be in the
handwriting of both those persons.
Mr. Combe—Did you soo them sign the book ?

Witness—No, sir.
Mr. Combo--But you know it to be the hand-
writing of the prisoner.
Witness—Yes, sir.

Mr. Easter's examination was then continued.
Ih Dahl—The catty' alt,i‘v a llaut Thc.vLo. Svinnthurfat
was married in St. Mark's district church, Ken-
nington, on the 10th of March, to Mary Durham,
by the Rev. Wm. Otter, who was then the minister
of the church, and is now dead. The witness
signing the register was Thomas Boardman.

Mr. Lafont recalled—l have seen Mrs. Smethurst
many times since that. I saw her about 18 months
ago. I have a son named Charles. lie has occa-
sionally been with me when I met her. He is
here to-day.

Mr. Robinson—l have no questions to ask the
witness.

Charles Lafont, jun., photographic artist, of 24,
High-street, Bloomsbury—l know the handwriting
in the register of marriages produced. They are
in the handwriting of Thomas Smethurst and Mary
Durham. I saw them both alive in the spring of
the present year. The prisoner was then in custody.
I saw Mrs. Smethurst at Rifle-terrace, Bayswater.
It was at Mrs. Smethurst's house.

Mr. Robinson—l have no question to put.
Mr. Joseph Smith—l reside at Rifle-terrace.
Bayswater. I keep a boarding house there. The
prisoner resided with me with Mrs. Smethurst in

1858. They lived as husband and wife. Miss
Isaballa Bankes also resided there in 1858. She
quitted my house on the 29th of November, 1858.
The prisoner left on the 12th of December, 1858.
The prisoner's wife continued to live in my
house after be had left. She remained until
the June following. I don't know where 'she
went to when sho left my house. I suppose she
lived somewhere in the suburbs.

No questions were put to this witness by the
prisoner's solicitor.
Mr. James Spice—l reside at Bridge-end, Bat-

tersea. lam the clerk of the parish church there.
I produce the register of the marriages celebrated in
that church in 1858. I find therein a register of a
marriage between Thomas Smethurst and Isabella
Bankes, on the 9th of December, 1858. I was one of
the witnesses to the ceremony, and Lucy Ambrose
was the ether. The prisoner is the person married
in the name of Thomas Smethurst.

No questions were put to this witness.
Miss Louisa Bankes—The signature " Isabella
Bankes" in the registry-book produced is in the
handwriting of my deceased sister.
Robert G. M'lntyre—l apprehended the prisoner
on the 2d of May on another charge. I found upon
him a letter (produced). It was in an envelope
when I found it. The letter was the one beginning
" Dear Mary," and informing the prisoner's first
wife that a medical engagement would prevent his
return home for some time.
Mr. Lafont recalled.
Mr. Clarke—Just look at that letter and tell me
whether it is in the prisoner's handwriting ?

Witness—it is.
Mr. Combe (to the prisoner's solicitor)—Have
you any question to put ?
Mr. Robinson—No, sir.
Mr. Combe—Then that is your case, Mr. Clarke ?
Mr. Clarke—lt is, sir.
Mr. Combe—Then I will now hear you, Mr.
Robinson, before I commit the prisoner for trial.
Mr. Robinson—Knowing, sir, that you will send
the prisoner for trial, I, on his part, reserve his
defence. I wish, however, to ask, as the prisoner
is fully prepared, whether you, sir, will admit him
to bail. Security can be given to any amount.
Mr. Combe—He is brought here, Mr. King, is he
not, by you, on a writ of habeas corpus ?
Mr. King—He is, sir.
Mr. Combe—Then he cannot be released on bail.
Mr. Robinson—l am expecting a pardon for the
prisoner from the charge for which he is at present
in custody, and then the present would be a bailable
offence.
Mr. Combe—lt will be quite time enough when
the prisoner is pardoned for you to make your
application. I now fully commit the prisoner for
trial.
The prisoner was then taken in charge by Mr.
King and re-conveyed to Horsemonger-lane Gaol.
The excitement in court at this moment was im-
mense, but the prisoner retained the same calm de-
meanour he had exhibited during the whole time the
charge was being preferred against him.

LAW INTELLIGENCE.-(71111S DAY.)

COURT OF CHANCERY.
(Before the Lord Chancellor and Lords Justices.)
APPEAL-JUDGMENT-PIGGOT V. STRATTON.

This is an appeal from an order of Vice-Chancellor Sir
William Page Wood declaring that the sub-lessee was
bound by the covenant contained in the original lease, not-
withstanding surrender, and granting an injunction re-
straining the appellant from building on the lands a row
of houses, sub-let, obstructing the sea-view from houses
built by the plaintiff on the sea-shore at Ryde, Isle of
Wight.

Their lordships affirmed the order of the Vice- Chan-
cellor, and dismissed the appeal with costs.

Mr. H. Cox followed on the same side with Sir Hugh
M'Almrint Cairns, Q.C., and is now being heard for the
appellant. _ _

It is expected that the hearing in this important case,
which relates to the division of profits of commission on
brokerage accounts on the freights of ships chartered
between London and Liverpool and the United States of
America, will occupy several days.

His Honour, the Master of the Rolls, said this was a
petition to tax a solicitor's bill of costs, paid under protests
without objecting to particular items in the accounts. His
Honour observed that the last of the accounts was delivered
nine days before payment, which was sufficient time to
apply for an order of taxation, but no application was made.
His Honour remarked that several items, double charged
in the accounts, would not have been allowed if they had
been objected to before payment.
His Honour dismissed the petition without costs.

This bankrupt was described as of East Moulsey, butcher,
and to-day came up for his certificate.
Mr. Lewis appeared for the assignees, and did not
oppose.

Mr. Philp, for an individual creditor, said that he had
ground of opposition, but as he had not given notice of op=
position his Honour decided that he could not be heard.

- In the course of the case it appeared that the failure arose
through the bankrupt being involved in law proceedings
through having slandered another in the same place, and
the costs amounted to £lOO. The bankrupt had, however,
been 29 years in business in the same place, and this was
his first failure.

Tho accounts, by Messrs. Hart Brothers, were satisfac-
tory to the assignees as far as the books and vouchers could
show; but could not be perfectly so, as the bankrupt had
not kept a cash-book.
His Honour said there was always a great evil and
reason for mistrust in cases where a cash book had not
been kept. _ _ _

Mr. Lewin said the bankrupt had kept a day-book, and
could no doubt explain satisfactorily.
His Honour—Not so to rae, where there is no cash-book,
and an accountant to invent one. s

The bankrupt said he knew all his affairs.
His Honour—That may be, but are not the creditors
entitled to know them ? These are accountant's figures,
I presume.
Mr. Lewis—! believe all the creditors are satisfied as to
the accuracy of the accounts.
His Honour—According to accountants' accounting; and
it astonishes me how they arrive at their conclusions—
curious' to me when in one item it is £lll 1138. 11d., and
another £O9 4s. Ild. The precision deserves remark. No
cash-book. The accountant supplies. He accounts for it
in figures, not in facts.

Mr. Lewis said that had it not been for the "misfortune
of the law," the only creditor objecting being for costs,
bankrupt might have confidently asked for a certificate of
the first class.

His Honour said he could never grant a high elms certi-
ficate where accounts bad been kept slovenly, however an
accountant might explain them. Ho could only grant a
certificate of the second class.

This was an action to recover £lB 18s. money lent. This
case had been before the court on three or four previous oc-
casions, and now Mr. Buchanan said he had a material
witness to prove that the .money was paid for the purpose
of having the report of an inspector on the Albany mines,
for the joint benefit of plaintiff, defendant, and another
person. _ _

Plaintiff denied that he was in partnership with defen-
dant. lie produced defendant's letter promising to pay.

Mr. Buchanan—Your Honour will see, on reading the
letter, that plaintiff is spoken of as a party very nearly in-
terested.

The letter was handed up, and his Honour said he had
never seen such writing. It was impossible to make
it out. Upon picking out a few sentences, his Honour said
it would bear the construction put upon it by Mr.
Buchanan.

Some contradiction then ensued as to an agreement, and
the new witness positively deposed to the partnership.
His Honour said that
should nonsuit plaintiff. As to costs, he should not allow
much. This appeared to be a case for the Stanneries Court
as a dispute concerning mines was mixed up in it.

THE COLOURED OPERA TROUPE-RE HALL V. WATERS.

This was an action to recover expenses incurred by plain-
tiff, one of the coloured opera troupe, from defendant, who
had been in partnership with a Mr. Alvaine as proprietors.
Mr. Buchanan said that Mr. Alvaine had paid his share,
and now it was defendant's turn.
Defendant denied his liability. _

His Honour remarked upon tho particulars, and said as
the items were great in number, the matter had better be
referred.

Mr. Buchanan said he had no objection, and Mr. P. C.
Harrison agreed to take the case.

POLICE INTELLIGENCE.-(THIS DAY.)