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

ttlE U iNr, LONDON, THURSDAX iVEDIING, JULY '7,

TEE EIC.H3IOND POISONING CASE.

TRIAL OF DR. SMETHURST.

(Before Lord Chief Baron Pollock.)
The trial of Dr. Thomas Smethurst, who stands indicted
for the wilful murder of Isabella Bankes, commenced this
morning, at the Old Bailey. Admission to the court was
only to be obtained by ticket, yet notwithstanding this
precaution the court was excessively crowded ; but by the
judicious arrangement of the sheriffs, all confusion was

avoided.
Mr. Sergeant Ballantine,• Mr. Bodkin, Mr. Clerk, and
Mr. Merryweather appeared for the prosecution ; and Mr.
Sergeant Parry and Mr. Giffard defended the prisoner.
On the prisoner being placed in the dock, the indictment
was read over to him, and he pleaded not guilty.
As the first juror entered the box,
The prisoner (addressing the Lord Chief Baron) said—
My lord, before the jury is sworn I wish to say a few words.
The Lord Chief Baron—You can speak now.
Prisoner—My lord, I understand that you are a particular
friend of Dr. Alfred Taylor ; I therefore object to your try-
ing my case.
The Lord Chief Baron—l am acquainted with Dr. Taylor,
certainly, as I believe every member of the bench and every
member of every literary and scientific institution probably
is. I have not seen Dr. Taylor for two or three years, ex-
cept on the occasion of a large party at my house some days
ago. I have not been in Dr. Taylor's house for years. It
seems to me the prisoner might as well object to be tried at
all as to be tried by a judge who is acepiainted with Dr.
Taylor. I don't think I ought to adjourn the case on that
ground.
Mr. Sergeant Parry, who was not present when the pri_
soner made his objection, here entered the court and took
his seat at the table, when the Lord Chief Baron inforined
him of what had taken place. The learned counsel made
no remark, but his lordship said, as Mr. Justice Wightman
was in the other court he would consult him' on the point.
After an absence of a few minutes his lordship returned to
his seat, and said he could not postpone proceeding with
the trial, and the jury was accordingly sworn.
Mr. Sergeant. Ballantine had scarcely commenced his
address to the jury, when one of the jurors begged to be
excused, as he felt so strong a prejudice against the prisoner,
that he did not think he should be able to discharge his
duty.

The Lord Chief Baron immediately sent for Mr. Justice
Wightman from the other court, and consulted him on the
point. His lordship, at the conclusion of the conversation
with the other learned judge, said he was sorry for the
juror, but he had no power to interfere, neither had the
prisoner or -his counsel, everything must be done by the
court. The proper time for the juror to have stated
his excuse was before he had taken the oath. He had
been wrong in entertaining any prejudice, and must there-
fore dismiss it from his mind. He had observed that his
prejudice only arose from what he had read, and not that
he had any acquaintance with, or ill-feeling against, the
prisoner.

The juror said he had not.
The Lord Chief Baron—lf such an excuse was allowed,
it would be impossible ever to get twelve men to ser4e on a
jury.

Sergeant Ballantine then proceeded to state the case to
the jury. The charge against the prisoner was one of the
most serious known to the law, and one surrounded with
considerable difficulty. It was that by means of adminis-
tering small doses of an irritant poison, given from time to
time, until at last the unfortunate woman died. The case
was shrouded in mystery, as the prisoner, who had prac-
tised as a medical man, was well acquainted with the effects
of the poison with which he was charged with administer-
ing. The lady about whose death they were inquiring, was
a person who moved in very respectable society; and her
friends were highly respectable. The father had left only
two daughters unmarried, the deceased and another lady,
who, though on terms of intimacy, were not living toge-
ther. The deceased lived at a loarding-house, No. 4,
Rifle-terrace, Bayswater, and subsequently left there and
went to live at another boarding-house in Kildare-terrace,
in the same neighbourhood. She was living in a position
in life to which her means entitled her, and that was
as a gentlewoman. It would be important, it should be
known, that Miss Bankes had a life interest in 55,000,
and an absolute right to about £1,700 or £l,BOO under
the will of her father. The prisoner was living at the
boarding-house in Rifle-terrace with a lady very much older
than himself, whom he called his wife. The deceased, when
she left that house, went to reside, as he had stated, at Kil-
dare-terrace, and shortly afterwards the prisoner came to
her there, and they left that place together. On the 9th of
December, 1858, Dr. Smethurst met Miss Bankes at a
church in Pimlico, and they were there married. After that
Dr. Smethurst went back to his wife for a day or two, after
which he left her. Nothing was heard of the lady until the
10th of January, 1859, when Miss Louisa Bankes, sister
of the deceased, received a letter from her sister. That letter
was announced on the 15th January, when Dr. Smethurst
and Miss Bankes, calling herself Mrs. Smethurst, went to
live at Old Palace-green, Richmond. In this place she
was taken ill and suffered from diarrhoea and vomiting, and
there a correspondence ensued with the prisoner and de-
ceased's sister. From there they removed to Alma-terrace,
where the unhappy lady died. They went there at the
latter end of April, and the death of the lady took
place on the 3d of May. During the time that she
was vomiting, Dr. Smethurst was treating her and ex-
pressing himself with the greatest affection, and it would
be of the greatest importance to the prisoner and
to the inquiry that he sent for Dr. Julius and his
partner, Mr. Bird, and that they attended her from
the time they were called in to attend her at Palace-green
until the time of her death. They found her suffering from
diarrhoea, but could not trace the origin of it. These gen-
tlemen used the ordinary means to get rid of the diarrhoea
and the vomiting, and they would state that the disease
baffled all their endeavours, and they were totally at a
loss to account for the extraordinary symptoms that showed
themselves. They suggested, and the prisoner at once
complied with it, that they should send for the highest
medical assistance in the kingdom —he alluded to Dr.
Todd, and that gentleman came on the Thursday before
she died. He was totally at a loss to account for the
symptoms in accordance with the facts, and when with Dr.
Julius he expressed a strong opinion, which he would state
when giving his evidence, and the result of that opinion
was that the secretions were taken and tested, and found
to justify that opinion. Drs. Julius and Bird paid parti-
cular attention to this case, for it was an extraordinary one,
and they could not account for the progress of the disease.
They would tell the jury what medicines they gave, and so
would Dr. Todd, and they would show that they had not
in • any way given either arsenic or antimony. Sme -
thiirst's conduct to the deceased was kind and affecionate.
He had the, entire control and management of the sick-
room,and nobodycould have given her anything but himself.
Previous to the lady's death the prisoner called on a gen-
tleman in Richmond, named Senior, and said that a lady
wished to make her will, and he wished him to draw it up
for her. He produced a document which he said was pre-
pared by a barrister in town. Mr. Senior said he had no
objection, and that he would come on Saturday (April 30)
to see it executed, but Smethurst said the lady was too ill
to do it that day, and asked him to come on the following
morning. He at first objected to do it on Sunday, but on being
assured that it was a case of necessity, he consented. He
went on Sunday morning, at nine o'clock, and was taken
lap to the lady. He expressed a wish to have a medical
man present, and, he said it was not necessary, as she
was perfectly competent to make a will. He gave as a
reason for not wishing to have a medical man present that
he was not married to the lady though he was living with
her as his wife, but that he should marry her as soon as her
health would permit. He came, and the will was executed,
and was witnessed by the landlady's daughter. When he
went up to the room the lady produced from under her
pillow the draught of her will, which was the very docu-
ment Dr. Smethurst had shown to Mr. Senior, and was in
his handwriting. When the prisoner was taken
into custody he was searched when a letter was
found which would undoubtedly prove that he did
not intend that his connection with Miss Bankes should
either be long or lasting. It was directed to his first wife,
who was still living in Rifle-terrace, and bore an uncan-
celled stamp ready for post. They
Monde ter was as follows :
y, May 2, 1859.
have not been able to. leave. for town,
consequencelofe.hms23, mh_euowiecavlera:dsebeeyinogurae-s
will ul nsle
sends
zoe e
you, p
ee event e n
cit u
imt ee
eq. su Medytnd expected,eaar M
caseial.Yo,f
leaving for town before the 11th cheque
first.
Present for Smith's money and extras.
soon as possible. Should anythmf
illness.
Smiths and all old friends
Present my kind regards to the
well, and hope you are the same, and that I shaellofinngd you
so when I see you, which I trust will not be long first.
had gone Out f
said he had called on you, but that you
whfircohm
jatrmuesst
.twheillothnoetrbdayl
so
of
wthheehnoulses.ee Iyholleard,
the 3d of May, and,
The unfortunate woman .died on
able be to get
walk. With best love, believe,m,
le,HyoOullArss affectionately,
walk. a
back to the lady to whom the letter addressed, He
had now brought the case down to a certain p
allowing time for the funeral, hewe
wiliaad
oint, and the
He never al-
single exception, never saw the lady alone,
jury
Ydanwocale idn
administer food to the
lowed any other hand but his own to adm
finde
sick
kt
rsooocreentshteatntpwrsa.s.jthneliipieriosornßeir.rdin, lwilisthate-
tions and secretions were disposed of ; and it wa
that traces of arsenic
after some difficulty it was discovered
unfortunate lady. He always took care that. thes envoatcutadi-
but that the poison had been administered,
dence
would be for the jury, after they had heard the evi ,
existed; and he could arrive at no other eoneenludsioint
to say by whom it was administered. Referring
shouldt t
medical part of the case, the learned counsel said he
medical
gentlemen had prescribed, while being administered,
show that the whole of the medicines which
was also being given to Miss Bankes some irritant matter
preventing the proper operation of the medicines, and pa-
ducing the irritation foul exhaustion under which the
patient was labouring. Dr, Julius and Dr. liird had sepa-
rately come to the conclusion that the lady was suffering
from irritant poison. They did not communicate their sus-
picions to Dr. Todd, but when that gentleman saw and
examined Miss Bankes, he came to the conclu-
sion, judging from the expression of countenance,
and without any other kind of warning, that she was
labouring under the operation of mineral poison, that, in
fact, she was being poisoned at the time and it was in con-
sequence of the belief that the secretions were obtained.
These were examined by Dr. Taylor and Dr. Odling,. and the
jury would have to determine whether the medicines adminis •
tered were consistent with any other theory than that of In,
tentional poisoning, When Dr. Smethurst was arrested Mr.
M‘lntyFe, the police officer, took possession of many of the
bottles in the house, and to those the etteutiou of fiae jury
would be directed, He had now gone through the whole
of this painful efeeP, and pould only say to the jury, God
help you to come to a right conelneleßt
The first witness called was
Miry Smith, who said—l live at 8, Rifle-terrace, Bays-
water. I keep a bogrdipphouse there, I knew the de-
ceased lady, Miss Bankes. She camp to lodge with me oil
the 20th of last September. The prisoner and his wife
were living there. They had been residing there since
May. 4bel# a fortnight before Miss Bankes and Dr.
Smethurst quitted the house, I noticed what I thought im-
proper conduct. I spoke to Miss Bofl_ll4lB, WI in pollee,
enee she left. The deceased told Dr. Smethurst I had
givenit was in consequence of whall had stated that she left
hthir
aeu
ssaeepi4t3o4nrastnhoi:tei?o,7oetahtsoolfeave. She ayeg me to understand that
artments• Dr. Smethurst only said he should leave
going on a visit. Miss Bankes left me
Nover4llfr. The prisoner quitted on
the 12th of the same month, and left his Wife behind him.

He did not say how long he should be away. Miss Bankes
was always delicate ; she frequently complained of a bad
appetite.
Cross examined by Sergeant Parry—She complained
when she took her food there was a sort of nausea. She
lived in my house ten weeks, during the whole of that time
she complained very frequently of loss of appetite and bile.
On more than one occasion she had left the dinner-table
from biliousness. I sat next to her, and had good opportu-
nity of observing her. She was of a dark bilious tempera-
ment. The old lady (Mrs. Smethurst) is not living with
me now. She has been confined to her room. Dr. Sme-
thurst alway attended her. It was his habit to take her her
luncheon every day. Miss Bankes knew that they were man
and wife. The arrangement made with me before Dr.
Smethurst left was that I was to receive some money about
once a fortnight, on the 11th and 26th of every month.
Re-examined—l am not aware that any medical man saw
Miss Bankes while she resided in my house.
Mrs. Grabowski, of 37, Kildare-terrace, Bayswater, said
—Miss Bankes lived at her house for saime time. She was
very delicate. I never saw the prisoner at my house. Miss
Bankes frequently went out walking. She left my house to
go to Rifle-terrace.
Cross-examined by Sergeant Parry—She often com-
plained of delicacy. I never saw any medicine bottles. .She
never complained of an internal complaint.
James Spice, parish clerk of Battersea, proved the Mar-
riage of the prisoner with Miss Bankes on Dec. 9, 1858.
The Lord Chief Justice—You have no doubt the prisoner
is the man?

Witnes§—No, my lard.
Miss Louisa Bankes proved the entry in the registry was
in her sister's handwriting. •
Mrs. Isabella Robertson said—l reside at Old Palace
Terrace, Richmond. On the 4th of February the prisoner
came to my house accompanied by a lady he called Mrs.
Smethurst. They engaged a sitting-room and bed-room.
The lady appeared to be in good health. She was taken ill
about three weeks before she left. She.previous to that went
out every day for about three hours. Dr. Smethurst told
me she was labouring under a bilious attack. He said he
thought he should call in medical aid, and sent for Mr.
Hill. I recommended Dr. Julius and he was sent for. He
saw the lady after that every day. The medicine, when
it came from Dr. Julius, was always sent up stairs. I
neveradministered any. She never seemed to get better from
the medicine. I know she was very frequently sick. She had
no appetite. He said if she could eat he should not much care..
She left my house on the 15th of April very ill indeed. She
never appeared to rally.
Cross-examined by SergeantTarry—Miss Bankes resided
with me from the 4th of February until the 15th of April.
I never saw her sit down on.the door step after her usual
daily walk from faintness. The moment I suggested Dr.
Julius the prisoner acquiesced. Pr. Julius is in great prac-
tice. Mr. Hill also has a large practice, and I suppose he
was first selected as he resided very near my house. Dr.
Smethurst, when he first spoke about sending for medical
assistance, said to me that he did not like to trust himself
further, and that he should therefore send for further assist-
ance. The sickness always came on when she moved
about, and when she got up in the day. I recollect Dr.
Smethurst having a violent attack of toothache. He re-
mained in doors three days. I believe he went to London
to have something done to it. When he went away—
as he did frequently—he always returned in the evening.
Re-examined by Sergeant Ballantine—He was away
after Dr. Julius was called. One day he called twice and
he was not at home.
Mrs. Wheatley said—l reside at No. 10, Alma-villas. I
know the prisoner. He took lodgings at my house on the
15th of April. When he came to take the lodging he came
alone. He took two rooms ; a sitting room on the ground
floor, and a bed room over. He took the lodgings until the
lady got well by the week. He brought the lady ; she was
the Miss Bankes that died there. She was in very feeble
health when she came. She came in a cab. She walked
upstairs, and went to bed directly. She came down
stairs only four times during the time she was
alive. Dr. Julius and Dr. Bird attended her. I always
prepared her food. It consisted of arrcwroot, tapioca,
and rice. Dr. Smethurst always carried the food upstairs,
or received it of me at the door. The medicines were
always taken upstairs. No person but the prisoner ever ad-
ministered any medicines. Dr. Smethurst always brought
out the evacuations and emptied them in a pail which I
carried downstairs, and threw away. I spoke to Dr.
Smethurst about having a nurse, but he said he could not
afford it. I recollect on the 29th of April some of the
evacuations was placed in a bottle in my presence. Dr.
Julius took it away with him. I never saw the prisoner
actually give the deceased any medicines. The room door
was sometimes open, but I could not see all over the room.
Cross-examined by Sergeant Parry—Dr. Smethurst
always appeared most attentive and kindtothe lady. When
he went out he always said Mrs. Smethurst would ring if
she required assistance. She never did so. He paid 15s.
a week for the lodgings. The lady came down about four
times. I cannot say whether she took any bread at
her meals. I don't think she ever took bread and
butter for her breakfast. Dr. Smethurst'said his object in
removing the evacuations so quickly as he did was to avoid
the bad smell. The bedroom was a very large one. I re-
collect the day Dr. Todd attended. Dr. Smethurst told
me on that day to show Dr. Todd one of the evacuations.
I did not recollect this when I was examined at the police-
court. Dr. Todd never saw it, as it was thrown away by
accident. It was kept till late at night, when it was thrown
away; after which Dr. Todd came, when Dr. Smethurst
asked for it, but I said I was very sorry I had thrown it
away.
Re-examined—Dr. Smethurst, when he took up the food,
it was always in a cup and saucer, and, with one exception,
it was always returned empty.
Miss Louisa Bankes said—l live at 10, Langhart-villas,
Maida-hill. I saw my sister after her death ; the person
pointed out to me was my' sister. Her age was 43, and she
was unmarried. We did not live together. 1 recollect her
going to live at a boarding-house, No. 4, Rifle-terrace,
Bayswater, in the autumn of last year. I recollect her
leaving that house and going into a boarding-house in Kil-
dare-terrace in the same neighbourhood. I was in the
habit of seeing her at both places. Ido not know that she
had a disposition to relaxation of the bowels. When I
visited her at Kildare-terrace, I was introduced by her to
Dr. Smethurst. She was in a very good state of health at
that time. Some time after, I met her with Dr. Smethurst
in Kensington-gardens, and the deceased left him
and came and spoke to me. I saw her the even-
ing- before. she left Kildare-terrace, but I do not know the
date. I did not hear from her again until I received a letter
from her on the 9th of February, 1859, and from that date
until the 19th of April I received letters from her. I re-
ceived this letter, Signed "T. Smethurst." I have received
similar -letters from. Smethurst, and have spoken to him
afterwards about some of them. The letter was then
read •

" Strictly private and confidential.
Dear Miss Bankes,—Your dear sister Isabella wishes
me to request the favour of your calling upon her as early
as convenient, as she is really very ill and desirous to see
you. She also wishes me to say that you will greatly
oblige by coming alone, and ask for Dr. and
i Mrs. Smet-
hurst ; say that you have called to see your sister, and that
you will
breathe not a word of the contents of this note to
any one. She further wishes me to
say that she cannot
ask you to remain ;- she simply solicits seeing you for the
present. The rail from the Waterloo-station about every
half-hour, and Richmond from the White Horse-cellars,
Piccadilly.
" I remain, dear Miss Bankes, yours faithfully,
" THOMAS SMETHURST.
cc 10, Alma-villas, Richmond-hill, April 18, 1859."
I went down there and arrived between two and three
o'clock. I saw Dr. Smethurst before I saw my sister. She
was very ill, and much changed from the time I had seen
her last. I remained there some hours, but not in the room
all the time. I was never alone with her. I did not ex-
press a wish to be alone with her. Ido not think she gave
me any account of the nature of her illness. She was not
able to tell me. Dr. Smethurst said she had been suffering
from sickness and diarrhoea. I have a relative, Mr. Lane,
of St. George's Hospital, and I proposed to Dr. Smethurst
that he should come and see her ; but he said he had better
not, for my sister did not wish it. That was in her pre-
sence. Dr. Smethurst was once out of the room for two or
three minutes, and then I was alone with her. While he
was in the room he said he did not think the money she had
received under her father's will was as much as she ought
to have had. I left her about five o'clock. She expressed
a wish that I should come soon and see her, and I promised
to do so. While I was there I noticed some tapioca in a
cup in the cupboard. My sister said she did not like It be-
cause it had a disagreeable taste. She said she should like
me to prepare some for her, and I said I would do so. I
did not do so becaase Dr. Smethurst said the milk had not
come. I afterwards offered to make some, and he said it
would interfere with the landlady. I proposed to get same
isinglass, but he did not seem to wish it, though he said
nothing. She said that he was very kind, and that he
watched her so tenderly that she was quite happy.
They occupied one bedroom, but I made no remark about
it. She said if I would wait a little and be quiet it would
be all right. I left,
and got a letter from him before I
went again. The following is the letter
My dear Miss Bankes,—W@ are in receipt of yours of
yesterday's date, for which we are greatly obliged. After
your departure dear Bella had a very bad evening and night,
and that purely from the excitement of seeing you and the
fatigue consequent thereon. Vomiting and sickness set in
at a fearful rate, which of couple prostrated her greatly.
Her doctor, therefore, at no forbade any visitors far the
present, or he would not be responsible for the eitbcts at-
tendant thereon. Last night 'was a good one, but lam
sorry to say a trying
one. site Is now, however, again
better, and I am happy to say recovery is really expectedby vll. I will write again shortly. Dearest Bella sends
her kindest love, and, with kindest regards, believe me
yours faithfully.

" "10, Alma-villas, April 21, 1859. THOMAS SMETHURST."
I had written to my sister, addressed to Dr, Smethurst. I
received that letter, and in consequence did not go down.
Subsequently I received this letter :
" My dear Miss Bankes,—Bella's dearest love and best
thanks for your kind attention, in which I cordially unite.
She has not yet got over the emotion of meeting you, poor
dear, and is still looking forward to a very early interview ;
indeed, she would like to name Moudsy next for your taking
a chop with me, but I think it would be more desirable to
saythe middle of next week, for the 'doctors even this
morning, have prohibited anything of a nature which might
try her very weak powers, amee it would be impossible to
bear up against shocks to the nervous system, and on these
grounds alone she is ordered to keep her room, in order to
treasure her health. The aspect of affairs is favourable if
great care be observed, and we three doctors have every
hope of a successful termination. I shall not fail to call for
the jelly. I
purchased some very beautiful yesterday, and
dearest Bella has partaken of two or three glasses of it, and
I think, with benefit. Dearest Bella says she would rather
not see uncle Lane however, we will talk this matter over
at our next meeting, With every kind wish, in which
dearest Bell unites, believe me yours faithfully,
" TUOMIS SMETHURST.

4' April 23, 1859."
I still did not go down, and received the following letter :
cc my dear Miss Banker —Dearest Sella requests me to
thank you kindly for the jelly; poor thing, she tries her
very best to eat it. It is, however, I imagine, too
sweet for her taste, especially, as now, with constant
uitugea, sometimes it is retained on the stomach, at others
it is speedily vomited. I obtained some from town, which
is not so sweet, but this tithe puts aside for yours. I very
much regret to 54. y that she has not once properly rallied
gnot, geeing you. Her nervous energy must be very low
indeed, or this would not have happened. stiir we have
good reeeve
emonfaaultation with Dr. Todd, of King's• College
To-day I have insisted on
heiviaoev:ivynigtaholp, the first physici
lar medical attendants, who are also the first doetors in this
yours faithfully,
an of the day, with her two regu
town. She is still ordered quietude, and all visitors to be
excluded for the present; therefore dearest Bella begs of
2tsobe
send you
oeaum e
jug hey. As soon as I have got. Dr. Todd's opinior.t.
I°4ger than was anticipated before call:
liat,tifew lines on the subject. With our united
" THQMAa SMETHURST."
I wrote a letter to him, and in reply received the following
letter :-
4t my dear Miss Banices,—We saw Dr. Todd, from Lon-
don, last evening as late as 10 o'clock, in consultation with
y willloovue