The Sun.
London, England, 1859-08-20 00:00:00

to commit the prisoner for trial upon evidence al-
together insufficient to procure a conviction.
The prisoner was accordingly discharged.

CBNTRAL CRIMINAL COURT, Aug. 19,

(Before the Lord Chief Baron.)
TRIAL OF DR. SMETHURST.--FIFTH DAY,

GUILDHALL—Mr. Alderman Phillips, who on
a former occasion so kindly entertained the applica-
tion of Mrs. Thompson, the distressed engineer's wife,
who was present yesterday, addressed her in the fol-
lowing terms :—ln consequence of some observa-
tions which I made in reference to you, and which
were noticed by the press, several benevolent persons
have sent various sums, amounting in the whole
to £2O. We have taken a great deal of trouble to
ascertain the truth of your:story, and I am exceed-
ingly happy to find that ray first impression has
been confirmed by the inquiries that have been
made, and that the timely assistance thus obtained
for you has saved a most deserving woman from
destitution. We have received a letter from your
husband's employer, in which he gives a most satis-
factory account of both yo a and your husband, which
renders it the more gratifying to me to have been
able to afford you the relief which has led to your
obtaining the means of establishing yourself in
some way to get a living for yourself and the three
little children who are dependent upon you. I
understand it is your intention to open a school in
Greenwich with the means which the public have
placed at your command, and I sincerely hope and
trust that you may be successful and prosper in
your present undertaking. It is, I assure you, with
great pleasure that I now hand you over the
amount forwarded for that purpose.
Mrs. Thompson, who appeared quite overwhelmed
by her feelings, said she hoped that her gratitude to
those who assisted her in the time of need would be
made as public as the tale of her distress which had
called forth the contributions she now received.

A portion of the following appeared in our impression of
yesterday :
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, and
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 one
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 Kil-
dare-place, ho next referred to the circumstances connected
with the sicknessof 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.
The 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.

BOW-STREET.--A charge of perjury was pre-
ferred against Robert Wesley, an elderly man, a
clerk in the city, under the following circumstances :

Mr. Hand, solicitor (attending for Messrs. Gill-
man, wholesale shoemakers, &c., of Norwich) called
witnesses to prove that in 1852 the defendant pur-
chased a retail bootshop of Mr. John Kidgell, of
Reading ; that he signed his name and passed on
all occasions as " Charles Wesley," and was the
only person concerned in the business negotiations ;
that shortly after he (defendant) had taken posses.
sion of the business he was waited upon by a Mr.
Barnes, the foreman and traveller of Messrs. Gill-
man, through whose agency upwards of £lOO worth
of goods were supplied to defendant ; that in a very
short space of time the business was given up by
defendant, who suddenly disappeared without pay-
ing a farthing of Messrs. Gillman's claim, and was
not heard of or seen for several years, until their
foreman, Mr. Barnes, accidentally met the defen-
dant at a business house in the city ; that proceed-
ings were at once commenced against him, and a
verdict for the amount obtained ; but defendant
petitioned the Insolvent Debtors' Court, and the
plaintiffs were further defeated by his having settled
his property upon his wife. The declarations made
by the defendant before the Insolvent Commis-
sioner were to the effect that ho never passed as
Charles Wesley ; that he signed the agreement and
conducted his business on behalf of his brother
Charles Wesley, who paid him a fixed salary for
his services; and that the letters and documents
put in and signed " Charles Wesley," were, he be-
lieved, in the handwriting of his brother.
For the defence Mr. Wontner, solicitor, called
a son of Charles 'Wesley, who stated that to his
personal knowledge, the business at Reading was
taken for his father by the defendant Robert Wes-
ley ; that Charles -Wesley had formerly resided at
Sheffield, carrying on the business of an agent
and shareholder, but litterly had lived in
the house of, and was supported by, witness—.
being totally incapacitated by ill-health. He was
at present living at -Welling, in Kent, and wholly
unable to attend the court. Witness travelled for
a house in the city.
A great number of witnesses on both sides were
examined, and

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 be was acting fairly and openly, what valid objec-
tion could ho 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 ? He told Mr. Senior, the attorney, that the draft he
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
WORSHIP-STREET.—Henry Ford, a slightly- been released on his own recognisances by the magistrates
built young fellow, describes as a gingerbeer manu- at Richmond, on a charge of poisoning his wife, the learned
facturer, was charged with stabbing with intent to Judge said no blame could be attached to them, because
murder. they were no doubt actuated by motives of humanity and
sympathy for himself and his supposed wife, and the jury
The prosecutrix, a good-looking young woman '
named Sarah Thompson, who was seated while could not allow the circumstance of his returning to his
giving her evidence, whose utterance was so faint lodgings to operate to his prejudice, by showing that he had
it was scarcely audible, and who was constantly the means of destroying something which was not found.
supplied at intervals with restorative medicine by All the bottles were seized, and no arsenic or antimony, or
other poison, was foundlin them. It would by no means
order of the surgeon in care of her, stated—l lived
with the prisoner as his wife up to the day before be safe to presume anything against the prisoner because
this happened, Wednesday, the 10th inst., when he had an opportunity of destroying evidence, and the jury
about 12 o'clock at night I was returning from the must not act entirely on the evidence which had been
theatre, in company with another young woman produced; but if they were satisfied that antimony and
named Ellen Sampson, with whom lam acquainted. arsenic had been administered by him to the deceased, some
On reaching the Downham.road the prisoner sud- light might be thrown on the circumstance that no poison
denly made his appearance, and advancing to me was found, by the fact of his returning to the house on the
said, " You have sold my goods !" I said I had, and Monday evening, and having access to the parlour and
he asked me where the money was. I told him bedroom.
that I had some of it on my back and some upon Tho court at one o'clock adjourned for 20 minutes. On
my feet, meaning that I had laid it out in boots the learned judge re-entering the court, he complained of
and clothing ; but I told him that if he would come the great heat of the atmosphere, and suggested the open-
home with me I would give him some money. He ing of the windows looking on to tho courtyard, but as
exclaimed, " No, I don't want the money, I want these had been permanently closed by those in charge of the
you." I told him I could never live with him again, ventilation of the building, the Lord Chief Baron's sugges-
on which he said "If you don't mean to be with me tion could not be carried out unless by breaking some of
any more, I'll murder you." I told him that I did the panes of glass, which was accordingly done by one of
not mean to live with him any longer, and walked the officers in attendance.
slowly away, he walking by my side, and still The learned Judge then resumed his reading of the evi-
urging me to go back to him, which I still re• fence of Dr. Taylor. His lordship entered at great length
fused. When we had reached within three doors on the point relative to the mistake made in the analysis of
of the top of Wellington-street, Shacklewell, to
bottle No. 21. It was a curious circumstance that it was
go to my father's, who lives in John-street close by, entirely owing to accident that a new fact had been dis-
slasiedhle it," and instantly, before I "Now, Sarah, make up your
viz.,
could reply, lie stabbed me in the head. I don't covered in chemical science, that chlorate of potass
hmei n sdu, dodr eln l.v
‘y ,
il
would molt copper, and that of itself would, in some mea-
sure, account for the blunder ; but it was an undoubted fact
less, and don't know what became of me afterwards.
that Professor Brand, one of the greatest chemists living,
know what instrument it was, for I became sense-
stated that Dr. Taylor had taken the means he
When I recovered my senses I found that I was in should have done had he been similarly placed.
a doctor's shop, and that I had been stabbed in the
It was not therefore because a mistake had been made in
left breast, in the shoulder, in the chest, and in the
head, from the wounds in which I bled very much - ono particular instance that the whole of the evidence was
, to be ignored. The jury would have to take it into their
and have been in the hospital ever since then.
Ellen Sampson—l was with the prosecutrix at the consideration, and they could then judge the amount of its time she refers to, and when the prisoner came up value. jury °
The h felt certain would give that attention
he had a youth with him. This youth told me some-
to the evidence brought for the defence defence to which it was en-
thing which very much alarmed me, and I looked
titled ; but after that consideration, if they should have no
about for a constable in consequence. The prosecu-
doubt about the guilt of tho prisoner then they would re-
trix and prisoner stood together talking some time,
inh
verdictt e
solfighguteislt doubt, he need scarcely tell them itty; but, on the contrary, if they did
when she suddenly asked him, " Are you going to entertain a
terta
hit me ?" He replied, " I don't know," and she en-
was their duty to acquit the prisoner of the charge imputed
treated him to swear that he would not strike her, to him.
but this he would not do, and she then asked him to At the conclusion of the judge's summing up,
keep his hands in his pockets and go away from her Tho Prisoner said, I wish to clear up some facts.
as she was not going home any more with him. He The Lord Chief Baron—l cannot allow you to do 0, ex-
then said he would hang for her, and she asked him cent thrcugh your counsel.
to come to the top of Wellington-street, where they The Prisoner—l wish to state that Mr. Sergeant Ballan-
walked together, I and the youth following them. tine is acquainted with the whole of the circumstances con •
The prisoner wanted her to go down Shaeklewell- fleeted with the marriage. I forwarded to him the whole
lane, but she would not, and on their reaching the facts as early as I could after I was arrested, and it is now
end of the street 1 saw him strike her suddenly
had a in in his hands. It shows that my wife (Isabella Banked)
the face and then on the breast, and she very nearly reversionary interest in a large sum of money.
fell to the ground. I screamed loudly and a con- The jury then, at ten minutes to four o'clock, retired to
stable came up, on which the prisoner ran away, consider their verdict; and after an absence of three-
and on our looking at the prosecutrix we found her quarters of an hour returned into court, and having an-
bleeding so profusely from the head, shoulder, and swered to their names,
bosom, that we carried her to the house of a sur- The Clerk of the Arraigns said—Gentlemen, have you
goon, and then to the German Hospital, at Dalston. agreed ?
Crisp, 3 N.—l heard screams, and on running to The Foreman of the Jury—We have.
the spot the prosecutrix fell into my arms senseless The Clerk of the Arraigns—How say you, gentlemen, do
bleeding from the wounds described, and her you find the prisoner guilty or not guilty ?
clothes completely saturated with blood. The Foreman—We find bim
Sergeant Bovis—l took the prisoner yesterday GUILTY.
evening at London-bridge, where I found him upon The Lord Chief Baron then put on the black cap and
one of the wharfs, waiting, as he said, for the The Clerk of the Arraigns, in the usual form, asked the
Gravesend boat. When I told him the charge I
Prisoner if he had anything to say why judgment should
wanted him for, at the same time cautioning him, not be passed upon him ?
he said, "I don't care if lam hanged for it ;" and The Prisoner said he had, and ho then commeneced
on the road to the station he exclaimed, "If she addressing the judge and the jury. He said the
lives, and I get over this, I'll do for her; you don't
whole of the witnesses had distorted the true facts
know what she is, but I do." of the case in such a manner that his life had
Francis Roberts, the youth referred to by the
been sacrificed. Dr. Julius he especially condemned,
young woman Sampson, said,--I saw the prisoner and the assertion of the sister of the deceased, that she
railings. I asked him to come away, but ho would alone, elcept for
meet the prosecutrix, and push her against some
was never able to see her sister Isabella
two or three minutes at a time, was totally and entirely
not, and I next saw him thrust his hand into his false. She knew, he said, that she had evrey opportunity pocket, withdraw it, and then strike her three
of being with her sister as often and as along as she
times. She screamed out, " Oh, I'm stabbed !" and pleased, and had the witnesses spoke truth such would
fell against some palings, and on the officer coming have appeared in the evidence. With respect to
up with a lantern I saw blood upon her breast,
as if ho objected to such a proceeding, but nothing
the non-engagement of a nu:se, it had been put
mouth, and shoulder. I know that the prisoner had
two penknives, a buckhorn-handled one and a white could be so far from the truth. He had been taken into
custody, and placed before a magistr-te, charged with poi-
one, as he had asked me to buy one, and I refused.
Mr. Charles Frohmann, house-surgeon of the soiling his wife, but notwithstanding an that was said against
German Hospital, said,—The prosecutrix was him, ho was admitted to bail on the first occasion. In not
brought to me suffering from four wounds—one on taking steps to procure a nurse he was only
the right shoulder, and two in the chest. The first acting according to the direction of the magistrates,
was a comparatively slight one, the second was a as they prohibited him in any manner interfering with the
stab, and one of those in the chest was slight, but deceased on his return to his home, and it was certainly the other was a severe one, as it had divided an true that ho had said that those:persons who chose to engage
the nurse must
e deceased to,
artery, and was half an inch broad, which might bear the expense. With respect to the
have been caused by withdrawing the blade, She
motivepfoorostehsesicornim ofe
tahtetrimbuotneedytohholiomn—ginnagmtoelyth,
wishing
bled very much, but tha stab fortunately did not obtain
31tru
,I,ase,
ho
os hoeouhladd
inioavoeccoahstioohnietdo seek
r
tshueehdlevaatsh faolfsethaendladu
reach the lungs. After the second day I did not
apprehend danger to her life, as the bleeding had
stopped, and I consider that she is now out of den- money, if such had been his object, without committing
ger, though she is still an out-patient. murder. Great stress, he said, had been laid as to
Mr. Ilammill (to the prisoner).—And what have
his marriage with Miss Bankes, and throughout the
you to say to this serious charge P trial it had been said that it was not his intention to re-
Prisoner (who had stood with his head buried in main with Miss Bankes after he had obtained all she was
his hands on the front of the dock .—I am guilty possessed of. Now, the truth was that his attachment to
of stabbing her, but on the "Monday before the Wed- her was strong, and his connection with her he hoped
nesday when this occurred she stabbed me. would have been lasting and the marriage at
The prisoiker was then committed for trial, the Kennington Church was as much tho act of the de-
prosecutrix fainting on hearing it, and being car- ceased as his, and it was only done in order that
reed out of court, she might appear to her liends as a married woman, and

Mr. Jardine ultimately committed the defendant
for trial, the usual bail, if procurable, being accepted.
Mr. Peacock, the Post-office solicitor, attended to
inform the Court that, upon the petition of the lady,
the charge against Miss Flint for taking back a
letter which she had posted at Peckham, had been
withdrawn by direction of the Postmaster-General.