White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1858-05-27

himself to be the brother of the man. Tn,
horse and clothes Of the unfortunate man still
remained, and were Immediately known as hav
ing belonged to his brother. The body, also
was taken up, and though considerably changed
bore a strong resemblance to him. ..-
He now felt authorized to ascertain, if posi-
BILE, the manner Of his death. He proceeded
therefore, to investigate the circumstances a:
well as he was able. At length he made known
to the magistrate of the district the information
he had collected, and upon the strength of this
Smith was taken to Jail to be tried for the will.
ful murder of Henry Thompson.
The celebrated Lord Mansfield was then on
the bench. He charged the grand jury to be
cautious as to finding bill against the prisoner
The evidence of his guilt. If guilty, might be
small. INSTRUMENTATION might be Obtained
Should he be acquitted, he could not be modest
ed again, whatever testimony should rise up
against him. The grand jury, however, did find
bill, but by majority of only one.
At length the time of trial arrived; Smith was
brought into court and placed at the bar. A great
crowd thronged the room, eager and anxious to
see the prisoner. and to hear the trial. He him
self appeared firm and collected. Nothing in
his manner or appearance indicated guilt; and,
when the question was puSEo him by the clerk,
3" Are you guilty or not guilty." he answered
with an unfaltering tongue, and with coupte-
nance perfectly unchanged, "Not guilty"
Tie counsel for the prosecution now opened
the case. But it was apparent that he had little
expectation OF being able to prove the prisoner
guilty. He stated to the jury, that the case was
in great mystery. The prisoner was a man Of
responsibility and of property. The deceased
was supposed to have about him gold and jew
els to a large amount; but the prisoner was not
so much in want Of funds as to BE under a strong
temptation to commit murder. And besides, if
the prisoner had obtained the property, he had
efTectually concealed it. Not trace of it could
be found.
Why, then, was the prisoner suspected? The
deceased, Henry Thompson, was jeweler, re-
siding in London, and man Of wealth. He
had left London for the purpose of meeting
trader at Hull, of whom he expected to make
large purchase. The trader be did meet; and
after the departure of the latter, Mr.. Thompson
was known to have had in his possession jewels
and gold to a large amount.
With these in his possession, he left Hull on
his return to London. 1t was not known that
he stopped until he reached Smiths, and the
next morning was discovered dead in his bed.
He died, then, in Smiths house, and if it could
be shown that he came to his death in an unnat-
ural way, it would increase the suspicion that
the prisoner was in some way connected NTH
the murder.
Now, then, continued the counsel, il will be
proved beyond the possibility of doubt, that the
deceased died by poison. What was that poison
1t was recent discovery of some German che
mists, said to be produced from distilling the
seed of the wild cherry tree. 1t was poison
more powerful than any other known, and de-
prived of life so Immediately as to leave no
marks of suffering, and no contortion of the fea-
lures.
But then, the question, when, and by whom
was it administered One circumstance, a small
one, indeed. and yet upon it might hang hor-
rid tale, was, that the stopper of small bottle
of a very singular description had been found in
the prisoners house. The stopper had been ex-
amined, and said by medical men TO have be-
longed to German vial, containing the kind OF
poison he had described. But, then, was that
poison administered by Smith, or at his instiga-
toni Who were the prisoners family7 1t con-
sisted only Of himself, house-keeper and one
man. servant. The man-servant slept in an out
house adjoining the stable, and did SO on the
night of Thompson's death. The prisoner slept
in one end Of the house, the house-keeper at
the other, and the deceased had been put in a
room adjoining the house-keeper's.
II could be proven, that about three hours at
ter midnight, on the night of ThempsOn's death,
light had been seen moving about the house,
and that figure holding the lights~as seen to
90 from the room in which the prisoner slept to
the house keepers room; the light now disap-
peared for a moment, when two persons were
seen, but whether they went into Thompson's
room the witness could not swear; but shortly
after, they were observed to pass quite through
the entry to Smith s room, into which they en-
tered, and in about FIVE minutes the light was
extinguished.
The witness would further state that after the
person had returned with the light into Smiths
room, and before it was extinguished, he had
twice perceived some dark object TO intervene
between the light and the window, almost as
large as the surface of the window itself, and
which he described by saying il appeared as If q
door had been placed before thelight. Now. in
Smiths room, there was nothing which could
account for this appearance, and there was mel
Their cupboard nor press in the room, which but
for the bed, was entirely empty, the room in
which he dressed, being distance beyond it.
The counsel for the prosecution here eOnclu-
ded what he had to say. During his address
Smith in no wise appeared to be agitated or dis
ltEsssed,-and equally unmOved was he while the
5staess testified in substance what the opening
speech of the counsel led the court and jury d
expect. c aatri 80 is i1fih
Lord Mansfield nov addressed the jury. h
said that in his opinion the evidence was no.
sufficient to condemn the prisoner, and il The
Jury agreed with him in opinion, he would dis
charge him. Without leaving their seats, th'
Jury agreed tia. the evidence was not sufficient
At this moment, when they were about to rem
der verdict Of acquittal, the prisoner rose anf