The Sun.
London, England, 1859-07-08 00:00:00

T.HE RICHMOND POISONING CASE.

TRIAL OF DR. SMETHURST.

SECOND DAY.
(Before Lord Chief Baron Pollock.)
The trial of Dr. Thomas Smethurst for the wilful murder
of Isabella Bankes was proceeded with this morning.
Mr. Sergeant Ballantine, Mr. Bodkin, Mr. Clerk, and
Mr. Merryweather appeared for the prosecution ; and Mr.
Sergeant Parry and Mr. Giffard defended the prisoner.
The first witness called was
Mr. William Easter, clerk of St. Mark's Church, Ken-
nington, who produced the book of marriages celebrated in
that parish in 1828. lie showed an entry of a marriage
between Thomas Smethurst and Mary Durham on the 10th
of March, 1828.
Mr. Alexander M'Crostie, cashier at the London and
Westminster Bank, said the prisoner had kept an account
with that bank for ten or twelve years. The entry in the
book (the registry of marriages) is in the handwriting of

the prisoner.
Dr. Samuel Bird said—l am a surgeon , practising at
Richmond, in partnership with Dr. Julius. I was formerly
attached to the medical staff of Omer Pasha in the Crimea.
I have had great experience in bowel diseases. I
attended Miss Bankes. I found her suffering from vomit-
ing and purging. I examined further into her symptoms
I found her pulse quick, she was not in a dangerous state.
Dr. Smethurst was present whilst I examined her. I sug-
gested the same treatment pursued by Dr. Julius to be con-
tinued. I saw the vomit. It was green and apparently
bilious. I saw her again on the following day but not alone,
Dr. Smethurst was present. For the first two or three days
there was not not much alteration in appearance. I then
suggested that bismuth should be given. The motions con-
tained bile. There was no fever during the whole of the
three days. When she vomited there was great straining.
I found the medicines I prescribed had no effect in restrain-
ing the symptoms. I continued to see her for some time.
On the 23d the motions began to assume a different appear-
ance. I saw blood in them. I told Dr. Smethurst
that I thought it was now a proper time to give
a more direct astringent, and I suggested the acetate
of lead with opium. The prisoner said he thought
it would act just as well without the opium. Both
however, were administered. After talking the matter
over again, nitrate of silver was administered. I prescribed
a third of a grain he said that was rather a large dose, and
thought it had better be a quarter. The nitrate was ad-
ministered, and the prisoner informed me that it occasioned
a violent burning pain with increased vomiting and
diarrhoea. It was afterwards determined to have additional
medical advice, and when I saw Miss Bankes on the 28th
she was very much worse. The fluctuations and changes
were very decided. She was very much worse at one time
than another. These changes would frequently occur in
the course of the day. That iwas the remarkable circum-
stance I observed during the whole of the time I
attended her. In the presence of the prisoner Miss
Bankes said she should like some other medical
man sent for. I only heard her say so once. It
was five or six days before Dr. Todd was sent for. None
of my remedies stopped the progress of the disease. About
the 22d I came to the conclusion that her sufferings were to
be attributed to some irritant of which we knew nothing. I
had not formed that judgment till after I had oonsulted
Dr Julius. I was in the house when the lady died. After
death I saw her again. The symptoms exhibited during
life are not reconcileable, in my judgment, to any known
disease. Whilst I was in the East I had much experience
in dysentery. There is a peculiar symptom of that disease
only to be found in hot countries. I have never seen that
disease. Miss Bankes' was certainly not that disease.
She one day complained to me of a seneation similar
to that of having a ball in her throat accompanied by a
burning pain. On the 30th of April I obtained an evacua-
tion after she had taken the copper pills. I told the pri-
soner I wished to examine the evacuations. He then put
some into a tumbler and gave it to me. I took it to the
surgery and gave it to my assistant, who put it into a bottle
and sealed it with my seal. When I obtained it I
told the prisoner it was to be examined by the
microscope to see if there were any puss globules
which would indicate ulceration of the bowels. It
was in consequence of a communication made relative
to the examination that the prisoner was given into
custody. When he was arrested, the bottles which seemed
to have contained medicine, in the apartments, were taken
by M'lntyre, the constable, but some bottles were left which
apparently contained brandy. I was present at a portion
of the post-mortem examination.
Sergeant Ballantine—lf antimony and arsenic had been
administered for some time in small doses would it produce
the symptoms you have described ?
Witness—Yes, it would.
Sergeant Ballantine—Did you prescribe either arsenic or
antimony ?
Witness—No.

In answer to further questions, the witness said Dr,
Smethurst said the visits of Mrs. Smethurst's sister greatly
excited her, and I then said it wouldbe better if she discon-
tinued her visits for a short time.
Cross-examined by Sergeant Parry—l have never made
a post mortem examination of a person dying from the
effects of either arsenic or antimony. When I was first
called I thought it was an extraordinary case, and I treated
her for bilious diarrhoea. Dr. Julius had previously told
me of the lady's symptoms. Dr. Smethurst answered all
my questions with the utmost readiness. Dr. Julius and
myself partly formed our opinion from what he told us.
At this point of the proceedings a
juror was taken ill
and had to be removed from the jury box.
Dr. Todd, Dr. Copeland, and Mr. Gibson, the surgeon of
Newgate, left the court by direction of the learned judge
to render their assistance, and for an hour the sitting
was suspended. During that time the Lord Chief
Baron occupied himself in searching through a number of
law books for a precedent, but while his lordship was so
engaged Dr. Todd and Mr. Gibson came and informed him
that the juror was certainly not in a condition to go on.
The Lord-Chief Baron, accompanied by the medical gentle-
men, then left the court to visit the juror, whose name was
Thomas Instono. After a few minutes' absence the Lord
Chief Baron returned to his seat on the bench, and the oath
having been administered to Dr. Copeland, Dr. Todd, and
Mr. Gibson,
His Lordship, addressing Dr. Copeland, said—Dr. Cope-
land, have you seen Thomas Instone ?
Dr. Copeland—l have.
The Lord Chief Baron—ls he in a condition to discharge
the duty of a juryman ?
Dr. Copelandlle is totally unfit.
Lord Chief Baron—Do you think it would be dangerous
for him to be put in the box and to serve on a jury in a
case that will ino,t certainlynot conclude before to-morrow ?
Dr. Copeland—lt would decidedly be injurious to his
health.
Lord Chief Baron—But his life ?
Dr. Copeland—l cannot say dangerous to his life.
Lord Chief Baron--Do you think he is totally unfit to
serve ?

Dr. Copeland—Quite so.
Lord Chief Baron--How long do you think he will re-
main so ?
Dr. Copeland—Certainly, for two or three days.
Dr. Todd, of King's College, was next sworn.
Lord Chief Baron—Dr. Todd, you have seen Thomas
Instone, do you think his in a fit state to discharge the
duty of juryman ?
Dr. Todd—Certainly not.
iiinLeld Chief Baron—Do you think he will be fit in a short
is Ddsru.bTifouidd.—Not to-day. The time when he would be so
Lord Chief Baron—Ts there any probability of its being
so to- day.
Dr. Todd—Not to-day, certainly.
Lord Chief Baron—Would it be dangerous to his health
and life to do so ?
Dr. Todd—l think it would.
Mr. Gibson, surgeon of Newgate, was then sworn.
Lord Chief Baron—You, Mr. Gibson, have seen Thomas
Instone. You have been in attendance on him for half
an holm
Mr. Gibson—l have.
Lord Chief Baron—Do you think he is in a condition to
discharge the duty of a juryman.
Mr. Gibson—Certainly not.
Lord Chief Baron—Do you think he would be able to
do so to-morrow.
Mr. Gibson—I should think it would be impossible for
him to do so even to-morrow.
Lord Chief Baron—You think it would be dangerous to
his life and health for him to do so?
Mr. Gibson—Highly dangerous.
Lord Chief Baron— Gentlemen of the Jury, after this
testimony I think it is my duty to discharge you, and not
to keep you assembled. We cannot go on with the trial
immediately, or do I think it advisable to do so to-morrow,
as it certainly would not terminate that day, and the con-
sequence would be that you would have to be kept in cus-
tody over Sunday, and think it would be better to re-com-
mence on Monday.
The jury then quitted the box.
His Lordship continued—l think we had better fix upon
a time for the proceeding of the trial.
Mr. Sergeant Ballantine—Perhaps, my lord, you will
fix a remote day for the trial. We have a number of medi-
cal gentlemen present to-day at great inconvenience to
themselves, and it certainly would be out of their power to
attend next Monday.
Lord Chief Baron—What say you, brother Parry ?
Mr. Sergeant Parry—l have consulted my client, and he
is extremely anxious his trial should proceed.
Mr. Sergeant Ballantine—Any Monday would be con-
venient after next Monday.
The Lord Chief Baron—Then I must consult my brother
judges. I shall adjourn the trial sine die.
Mr Sergeant Parry—l think if the trial is postponed. it
ought to be so until the next session. I know my client is
veryo that.
against such an arrangement, yet I will assent
t
Sergeant Ballantine--I am ready to concur in
lord such an arrangement as that. Perhaps, my
3 ir. much