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

Mr. ClaAr said he had the honour to appear there,
instructed by the Solicitor to the Treasury, by
direction of the Secretary of State for the Home
Department, to prosecute the prisoner for bigamy.
It would be unnecessary for him further to
allude to the case than to say that in August
last the prF,sener 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. Ire should merely prove what he had
stated by witnesses, and then ask for the committal
of the prisoner on a charge of bigamy.
'I 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 marriag es celebrated in that parish during the
year 1828
Witness--'.I do.

Mr. Clarke—Open it at the 10th of March, 1828.
The witness did so.

Mr. Clark( —I think we had better, before we
proceed further, call a witness to prove the hand-
writing.

Mr. Combs )—Very well.
Mr. Charles Lafont—l reside at 24, High-street,
Bloomsbury, and am an artist.
Mr. Clarlz;e—Do you know the prisoner?

Witness--I do; his name is Thomas Smethurst.
Mr Claae—l believe you also knew Mary
Durham ?

Witness- —Yes, she was a relative of mine.
Mr. Clafke—Look at that book, and tell the ma-
gistrate whether you recognise any handwriting.

know the signatures " Thomas
Smethurst" .and " Mary Durham" to be in the
handwriting ,of both those persons.

Mr. Comte—Did you see them sign the book ?

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

Witness• --Yes, sir.

Mr. East er's examination was then continued.
He said—The entry shows that Thomas Smethurst
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 vt as Thomas Boardman.

Mr. Lafoiat recalled—l have seen Mrs. Smethurst
many times since that. I saw her about 18 months
ago. I have at son named Charles. He 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 Lafa nt, 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 salv 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
Isabella Bankeia 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 he had left. She remained until
the June following. I don't know where :Ale
went to when she left my house. I suppose she
kved 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 other. 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. Combo (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—Hc is brought here, Mr. No )ne, is he
not, by you, on a writ of habeas corpus ?
Mr. Keene—He is, sir.
Mr. Combe—Then he cannot be released on bail.
Mr. Robinson—' 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.
Keene and re-conveyed to Horsemonger-lane Gao).
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.