The Sun.
London, England, 1859-08-19 00:00:00

CRIMINAL COURT.-(THIS DA Y.)

(Before the Lord Chief Baron.)
TRIAL OF DR. SMETHURST.—FIFTIL DAY.

The prisoner, on being placed at the bar, said—My lord,
I wish to address a few words to the jury.
The Lord Chief Baron—l think you had better not now.
Prisoner—That is very true, but your lordship made
some observations which I wish to correct. It is simply in
reference to this question. In addressing the jury last
night you spoke of me as a medical man in practice. For
the last six years I have retired from practice.
The Lord Chief Baron—l know nothing of that, au.d
there is no evidence of it.

Prisoner—You spoke of it as if there was.
The Lord Chief Baron—lf there is any mistake about
that, the prisoner might correct it by giving some account
of himself and his practice. I spoke of him as a medical
man in practice, because on Monday morning, the day
after the will was executed, he wrote to his wife to say that
he probably should not return before a certain hour, his
medical aid being required in a case of illness. (The letter
was here read.) In that letter he spoke of himself as ono
of the three doctors, Dr. Julius and Dr. Bird being the
other two.

The Prisoner—That is just the point, my lord.

The Lord Chief Baron—lf he left the profession, there is
no evidence of it The evidence is that he attended Isabella
Bankes, and he wrote to his wife to say that he could not
come home in consequence of his medical aid being required
in a case of illness. If he considers that an important fact,
he might easily have proved it.

Mr. Sergeant •Parry—There is evidence that he was
living at a lodging-house 18 months without a surgery or
anything of the kind.

The Prisoner—l came from the continent only the year
before last.

The learned Judge then proceeded to read the evidence,
commenting on it as he proceeded. The first evidence
alluded to was that of Mrs. Smith. Having dwelt on the
fact of the residence of the parties at Rifle-terrace and Kul.
dare-place, he next referred to the circumstances connected
with the sickness of deceased, and the refusal of the prisoner
to the engagement of a nurse, after he had received the £7O
ss. belonging to Miss Bankes, and having at the same time
a considerable sum of money of his own also in his posses-
sion. The only solution of such a circumstance in his mind
was, that he had an objection to having any person present
in the sick room but himself. There was certainly his own
explanation of taking out the soup; viz., that it was
done to cool it, the doctor having ordered that every-
thing should be fresh and cool; but it must also be
recollected that no person was allowed to enter
the room, and it never was properly cleaned out.

Mr. Sergeant Parry—Mrs. 'Wheatley, my lord; said that
she cleaned the room every morning, and went in again

every evening.

The Lord Chief Baron—l have no note of that.

The Prisoner—My lord, it is quite correct. She always
had access to the room, and in the evening made the bed.
Any other statement is false.
Tho Lord Chief Baron—lt is a matter of little importance.
Mr. Sergeant Parry—As affecting the prisoner, it is all-
important. Mrs. Wheatley twice spoke to the fact I have
mentioned.

The Lord Chief Baron—All I can say is, I have no note
of it.

Mr. Sergeant Parry—l wish it to be fully in the know-
ledge of the jury that such evidence was distinctly given. ,
Mrs. Wheatley might be recalled.
The learned Judge then proceeded to allude to the letters
written to, and also the evidence of, Miss Louisa Bankes.
His letters were calculated to show great affection ; but his
conduct showed that, if he loved her, he loved her money a
great deal more, and avarice swallowed up his affection.
Then, if he was acting fairly and openly, what valid objec-
tion could he have had to Miss Louisa Bankes' more con-
stant attendance upon her dying sister. He said her pre-
sence so overpowered her that the worst consequences
might arise ; but was the abrupt presence of an attorney
calculated to produce a soothing effect ? And as regards
the will, what was the statement with respect to that docu-
ment ? Ho told Mr. Senior, the attorney, that the draft ho
gave him to copy had been drawn up by a barrister. But
what was the fact ? why, it was all in the prisoner's hand-
writing, and by that document Smethurst became entitled
to the whole of the property of Miss Bankes. Now, taking
that circumstance, with the rest of the statements made to
Mr. Senior by the prisoner, into consideration, he did not
think the slightest reliance could be placed upon any of his
statements. Having read over the evidence given by Dr.
Julius and Dr. Bird, in reference to the prisoner having
been released on his own recognisances by the magistrates
at Richmond, on a charge of poisoning his wife, the learned
Judge said no blame could be attached to them, because
they were no doubt actuated by motives of humanity and
sympathy for himself and his supposed wife, and the jury
could not allow the circumstance of his returning to his
lodgings to operate to his prejtdice, by showing that he had
the means of destroying something which was not found.
All the bottles were seized, and no arsenic or antimony, or
other poison, was foundlin them. It would by no means
be safe to presume anything against the prisoner because
he had an opportunity of destroying evidence, and the jury
must not act entirely on the evidence which had been
produced; but if they. were autisfied that antimony and
arsenic had been administered by him to the deceased, some
light might be thrown on the circumstance that no poison
was found, by the fact of his returning to the house on the
Monday evening, and having access to the parlour and
bedroom.

The jury then retired, but had not returned their verdict
when we sent to press.

FOURTH DAY.

yeAsteprodratiyoLof the following- appeared in our impression of

Dr. Richardson, whose cross-examination was not con-
cluded when tho Court adjourned last evening, was re-
called.

In answer to questions put to him by Mr. Sergeant Bal-
lantine, he said—l have practised as an accouchier. I have
attended cases since 1854. I have seen cases of pregnancy
accompanied by sickness and dysenteric diarrh ma.
Re-examined by Sergeant Parry—l refused all remune-
ration for the evidence I gave in Palmer's case. I was
asked to give evidence by Mr. Sergeant Shee. On that
occasion I consientiously described the symptoms of
angina pectoris, and my description was never questioned.
I am acquainted with cases of pregnancy, accompanied by
vomiting-, purging, and burning sensation.
The Lord Chief Baron—How many cases ?
Witness—l know of one personally, and others from
reading.

Sergeant Parry—From your general knowledge—
The Lord Chief Baron—l don't think you are entitled to
proceed in such a course. No question has been asked in
cross-examination to entitle you to enter into cases within
the general knowledge of the witness. I think it totally
unnecessary, and a needless occupation of the attention of
the jury.

Sergeant Parry—None of the jury have complained of a
needless occupation of their time.
The Lord Chief Baron--I am bound to see that it is not
done. It is now the fourth day of the trial, and time must
not be thrown away.

Sergeant Parry—lt matters not whether it is the fifth or
fiftieth day of the investigation. I have a duty to perform.
It makes no difference to me.
The Lord Chief Baron—But it does to me and also to the

jury. lam bound to see that there is no needless waste of
time. One of the gentlemen last night found it necessary
to seek medical aid, and it is with difficulty that he is in
Court to-day.
Sergeant Parry—l deeply regret it, but I must do my duty.
The Lord Chief Baron—So must I ; and I'll take care

you don't do more.
Sergeant Parry (to witness)—Do you believe, from all
the symptoms you have heard described, and also from
your general knowledge, that the deceased lady died from
natural causes.
Witness—l do.
Dr. Julius Rogers—l am a Doctor of Medicine. I
filled for 17 years the office of lecturer at the old St. George's
School of Medicine. I was examined in Palmer's case. I
know a chemical called chlorate of potash. It is in itself a
perfectly innocous salt. If slow doses of arsenic and am-
monia were administered I don't think chlorate would
eleminate it. If it did it would carry away the poison
before it had time to act. It would be administering
poison with an antidote. I don't think it would eliminate
poison. I know chlorate of potash is used as a wash for
the mouth. If arsenic and antimony were given in small
doses for some considerable number of days and death
ensue, I should most certainly expect to find arsenic in the
tissues, particularly in the liver and kidneys.
Sergeant Parry—You have heaad Dr. Taylor speak to
finding poison in the blood. Do you believe it possible to
find traces of poison in the blood without finding it in the
liver ?

Witness—Most certainly not.
Sergeant Parry—You have made certain experiments
with bismuth ?
Witness—l have.
Sergeant Parry—Have you found arsenic in it ?
Witness—l have.
Ihe Lord Chief Baron—ln what quantity ?
Witness—About half a grain to an ounce.
Tho Lord Chief Baron—And an ounce contains 480
grains.
Witness—Yes.
Sergeant Parry—ln cases of slow antimonial poisoning,
supposing it to continue for some weeks, would it produce
a cold clammy perspiration ?
Witness—Yes ; a deathlike coldness.
Sergeant Parry—Would slow arsenical poisoning produce
a softness of the liver ?
Witness—l should think so, from the records of Dr.
Taylor.
Cross-examined by Sergeant Ballantine—l was called in
Palmer's case to prove that strychnia must have been found
in the body and in the blood if it had been administered.
I have had some anxiety about the effect of poisons, and
have practised it upon animals to relieve myself of the
anxiety. Dr. Richardson, the last witness, was also a wit-
ness for the defence in Palmer's case.
Re-examined by Sergeant Parry—l think using untested
copper for delicate experiments is decidedly wrong. I use
electrotype copper—that is, pure copper, and nothing but