The Sun.
London, England, 1859-11-18 00:00:00

DR. SIIIETIIURST AND HIS BAIL.

Yesterday afternoon at a late hour several gentle-
men entered the Southwark Police-court, and, it
being announced that bail was about to be put in
for Dr. Thomas Smethurst, a considerable deal of
excitement took place, probably in consequence of
a letter appearing in the morning papers from Sir
G. C. Lewis, the Home Secretary, stating that the
prisoner was pardoned for the crime of murdering
Isabella Bankes at Richmond.
It appeared that from the assiduity of his friends
a pardon was granted on the 14th of the present
month, so far as the crime of murder was concerned,
but he was afterwards brought to this court on a
habeas corpus charged with bigamy, and committed
for trial.

As soon as Mr. Combe took his seat on the bench
Mr. Robinson said that he had now to propose bail
for Dr. Smethurst, who was on Saturday last com-
mitted from this court for bigamy.
Mr. Combe—l can't accept bail. You know that,
Mr. Robinson.

Mr. Robinson—You were pleased to say on Sa-
turday that if a free pardon were granted to my
client you might accept bail.
Mr. Combe—l said that under the circumstances
before me. Where is your free pardon ?
Mr. Robinson—l have it here, Sir.
The following is a copy of it :

" The Seal of our Lady the Queen. V.lt.'
"Whereas, Thomas Smethurst was, at a sessions of the
Central Criminal Court holden in August last, convicted
upon a certain indictment then and there preferred against
him for the wilful murder of Isabella Bankes, and had sen-
tence of death passed upon 'aim for the same.
" We, in consideration of some circumstances humbly ro-
presented to us, are graciously pleased to extend our grace
and mercy unto lam, the said Thomas Smethurst, and to
grant him a free pardon for the crime of which he stands
so convicte'!, upon such indictment as aforesaid.
" OPA. will and pleasure, therefore, is that you do take due
notico thereof, and for doing so this shall be your warrant.
"Given at our Court of St. James's, the 11th day of No-
vember, 1859, in the 23d year of our reign.
" To our trusty friends and well beloved our Justices of
the Central Criminal Court, the High Sheriff of the county
of Surrey, and all others whom it may concern.
"By her Majesty's command,
" G. C. LEWIS."
" I certify this to be a; true copy of her Majesty's pardon
to Thomas Smethurst for the crime of wilful murder, of
which he was convicted in August last."
" JOHN KEENE, Governor of the County Gaol of
Newington, in the county of Surrey."
" Nov. 17, 1859."
Mr. Combe—l have read that, but at the same
time I can't take bail.

Mr. Robinson—l have his brother, a wealthy
gentleman, and an ex M P., who will be answerable
for him.

Mr. Combe—l tell you I cannot accept bail.
Whatever the Government has done I have to do
my duty as a mazietrate. This man is charged
with bigamy.
Mr. ltobinsrn—But you have power to accept
bail in such cases.
Mr. Combe—ln this case I will not. Go to a judge
in clambers, if you like.
Mr. Robinson—Then you refuse to accept bail
here, sir ?

Mr. Combe—Yes, certainly. I cannot interfere

BRUTAL ASSAULT NEAR HALIFAX

The particulars of a dreadful outrage committed
upon two women near Halifax by a number of ruf-
fians—for they can scarcely be called by any other
name—appeared in The Sun of Wednesday last.
On that day the case was investigated by a bench
of West Riding magistrates at Halifax, when seven
men wore arraigned for the offence. The evidence
fully bore out the statement previously given, but
only one of the young women, Sarah Ann Burrow,
who had been much the worst used, was made a
prosecutrix, the other (her cousin, Martha Ann
Burrow) being made a witness. The prisoners were
Joseph Briggs and Wm. Shaw, labourers ; Samuel
Earnshaw, miner ; George Chappell, mason ; Wm.
Stott, moulder; Charles Cookson, mason ; and John
Marsden, boatman. Mr. Adam C. Foster was the
solicitor for the prosecution ; and Mr. J. H. Mit-
chell for Earnshaw, Chappell, Stott, Cookson, and
Marsden ; Briggs and Shaw were undefended. The
first witness examined was the prosecutr ix,SarahAs a
Burrow. She was very pale, weak, and distressed ;
three or four times she became too faint to proceed
with her evidence until some delay had taken place,
and throughout was attended by Mr. Jones, sur-
geon. She said—l live ht Lee-bank, and am house-
keeper to my uncle, James Smith, presser with Mr.
Kirk, and am 22 years of age. On Sunday, Nov. 6,
I went with my cousin Martha to Brighouse, and at
night, being too late for the train to Halifax, we
determined to walk home—myself, my cousin, her
sweetheart Tweedale, and his friend, Joe Wood.
Wood lived at Elland-edge, and we agreed to go
that way. It rained heavily, and we therefore stayed
a short time at the Railway Hotel. We set off about
10 o'clock, but returned after going a short distance
for a veil left by Martha. We set off again, and got
past some houses, when we were molested by the
prisoner Briggs. Some distance further on Briggs
and some others came to us again, and he caught
Tweedale by the collar. We got away then, but
had not gone far before a good many men came up
and seized me, and three orfour got hold of Martha,
who was a little further on. Chappell was the one
who seized me first, but they we're all at me, except
those who were at my cousin. They put me against
the wall, perpetrated) some indecencies, punishing
.
me cruelly. I got free by the help of Wood, and
then went to release my cousin, who was screaming
in a corner of the field. Cookson had hold of her.
I cannot swear to the others. When I got her free
she ran away. I tried to follow, but was prevented
by the men. They threw me down, and three or
fur held me. Cookson was one of them. lam not
sure about the rest. While I was held down Briggs
and Shaw committed the offence charged. lam
quite sure about the men. All the while I was
screaming, but became unconscious, and do not re-
member anything more until I found myself lifted
up, and:Briggs and Shaw had hold of me. Briggs
asked me to go and sleep with him, and I said, "No,
I could not think of such a thing." Ho said some-
thing about seeing me home, and I said I would go
with him and Shaw if they would send the other
men away. They told the other men to go after the
little girl who had run away. When we had gone
along a bit we met a young man called Thomas
Smithies, and, as I thought he was one of the lot, I
said, "You have used me shamefully." He said he
had seen and heard a good deal, but durst not in-
terfere. He told Briggs and Shaw they ought to be
ashamed of themselves, and asked if they had no
relations of their own, that they could treat a poor
girl that way. I begged of Smithies not to leave
me, and got hold of his arm ; Shaw pushed him
away, and then the two tried to pull me down
some steps into the wood. Smithies whispered to
me that he would go for assistance, and went away.
The two men then again tried to pull me down the
steps, but I resisted. Briggs attempted to do as he
had done before. Wood
,and Smithies came up,
and I took hold of Wood while Smithies remon-
strated with the men. They endeavoured to drag
me from Wood; then we came to a smithy, and
the men stopped there while I ran on to a cottage
near,. and remuined until morning. On cross-exa-
=nation by Mr. Mitchell, she said—l can only
swear to Briggs, Chappell, Shaw, and Cookson.
The whole affair continued from an hour to an hour
and a-half. I had never seen any of them before,
that I know of. I deliberately swear that Chap-
pell and Cookson wee of the party; I had a full
opportunity of seeing their features. To the rest I
cannot speak. Martha Ann BurroNV was the next
witness examined, and she, after speaking in full
confirmation of the circumstances comic cted ith
the company being at Brighouse, said that when
she turned back for her veil she saw a number of
men under the railway arch. Briggs was one o
them, and he struck her on the back, and sh 3 ca le
him a " low-lived villain." She proceeded to spe tk
of the attacks of the men, and how indecently an 1
infamously she herself was treated by them. Cook-
son, Earnshaw, and Chappell she could positively
swear to , of the rest of the prisoners she was not
certain. When she gotreleased, and before she had
got quite away, she saw her cousin dragged to the
ground by the men, and would swear to the conduct
pursued by Briggs to wards her. She was not pre-
pared to swear to any of the others. She ran cif
to Mr. Pitchforth's house, and got shelter in the

farm servants' house, where she remained until the
next morning. After two or three other witnesses
had been examined, whose evidence went ehie%
to
them
the identity of the prisoners, or se
of IF,
that he apprehended Police-SergeantdChappell
and Earnshaw
MarkGreaves then
tsoing
te:
ther last Friday, and charged them with the
fence. Chappell admitted he was there, but
he had never touched the prosccutrix. Earnsllol
also said he and Chapp'ell were there ; that theid
stopped and came away together, but never ton
the lasses. He (the officer) apprehended Stott thae
same night, and he, in answer to the charge, 5.°A
he was there, and so was Marsden, who was as et,
as any of them. He apprehended Cookson, r;
said he was rightly served for going•
anfreaidar"hs,
ho
went with " Bolley" (Briggs), and was
had got into trouble. When he apprehended Mb,
den, that prisoner said he was there, rather fre,9_.
and expected it would be " a bit o' Wakefield
'em." Mr. Mitchell briefly addressed the Behes..
putting it to the magistrates whether they e.eets,
dered there was a sufficient case against his eh° go
more particularly Stott, against whom there Wthe
not a tittle of evidence, save what was givell,llo-
officer. A consultation took place among tuestett.
gistrates, and they decided on dismissing :„" the
With regard to the rest, they were charge(' r asp
usual way, and asked if they had any "to ld
Briggs and Earnshaw declined to say anythulgt The
the rest simply denied the truth of the charge' en,
whole six were then committed for trial at the
suing assizes at York.

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