New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-09-02
A POISONING CASE.

EFrD he
The trisl NJ Dr. Thon rs Smethurst, tor the murder
n Issbels Bapkes at Richmond, which was abruptly
terunaed a. the lest session CT the Cehuu 'tluua,
Count by the SUDDEN Illness Of aJurymsn was iesane'
an IN. 18th before the Lord Chief Baron Pollock,
nv whom the case was commenced on the former occa"
son. ~, a,,. ~, .,,xL
.,J Mr. Mereweather cop6nc'sd the prosecutions Mr.
Sergeant Parry and Mr.. Gfia,d were counter Tor inc
prisoner. -,
with the murder of lady named Isabella bankes, py
administering 10 her constantly small doses either Oh
arsenic or artimopy or rome other lrritsnt poisons
He was married man, but he had gone through inc
ceremony Of marriage with the deceased shortly De-
fore her death and ne induced her TO make VIII II
his favor under which he would have come into
possessio of about 500. will not De necessary
u rep- at ire whole Of the evidence in detail tnac was
given on the former OCCASION a. must be fresn IN tno
recollection of the public, down 20 the period when the
case was abruptly stopped by the occurrence above
peptiored .. ,r,
Sergeant Basntine, in opening the case said: The
ofense imputed to the prisoner that he hst deib-
er.eIy the deceased lady into his power, AMI
N AZ he had then destroyed her lite by administering to
her snal coses Of poison, and the object OF TINS act
was suggested To be to possess himself OF her fortune
The p,soper was a man of considerable chemical and
MEDICAL skill, and he well acquainted with the ma
ture Of the dlerent pois0ns; AMI 1t was part OF tho
ease for the prosecution that ne had made use ct this
know ledge to bse, to considerable extent, the tests
that were made use of by scientific men to discover
the presence of poison. The learned sergeant then
proceeded the facts of the ase At consdera-
bic length, and nearly in the same terms A. ON the
former trial. 49,
Several witnesses then called, including Miss
Louisa Bar kes AND the solicitor who drew up deceaseds
will, but added nothing to the evidence given on q
former occasion.
On the 18th, the examination Of DR.. Julius and
Mr.. Bird, vho last attended the deceased, was con-
tlnued and their evidence was corroboratye of that
given duirg the previous proceedings. Two other
witnesses alsO gave evidence; after which several
medical gentle wh) had great experience in cases
such Miss Bapkess, were examined, and they con-
Cured in the opinion that the death OF Isabella bankes
had pobably been caused by irrtant poisons 10 the
course of the proceedings jufymsn was taken III,
causing brief 81 0urnment.
On the Eth, Prof Taylor was examined at some
length on his analysis of the contents OF the stomach,
&c of The deceased. He deposed to detecting halt
gram Of abtmony and less than grain OF arsenlc DIR.
Oldr confirmed the results arrived at 10y Prof. Tsy-
or and gave it "a his opinion that the deceased had
died from irrtaut po son, and that the Appearances
presented would not arise from natural disease or
causes Pref. Brand was also examined in conobOra-
ton of the tests employed.
The case for the prosecution closed at 1920, and
after twenty minutes adjournment,
Sergeant Parry proceeded 10 address the jury on
bebsf Of the prisoner Having alluded TO the awful
responsibility Of his task, he went on at grea, length
corrnen ting upon the evidence, which he contended
failed TO establish the guilt of his client. lie dwet
particularly upon the mistake made by DIR. Taylor in
bic evidence the coroner inquest as 70 the presence
Of arseuc in one Of the bottles and he then proceeded
TO point on, the leading features Of the medical evil
cence which he should adtuce contradictory 10 that
which the prosecution relied, and he concluded
with eloquent appeal to the mpartiaty OF the jury.
Witnesses then called for the defense.
MIR. Il w. Richardson, licentate of the College Of
Ply scians professor OF pathology author OF several
ilescal works and a recipient Of the Ashley Cooper
prize, depesed that he had heard the symptoms de-
scrlbed which Mrs. Bankes presented, and they
not in the main tecoucsbls with slow arsenical
tinonal poisoning, or with both together. Dysertsry
would produce most Of the symptoms presented in the
Of Miss Benkes. He was examined on P.ners
trial. wbeL he gave his opinion that death had been
caused by angui pectorisJ and not strychris.
On Tburscsy DR.. Richardson was recalled, ard he
stated his belief that Miss Bankes died from natural
causes.
MI j. Rodgers and Dr. Tatinghsm both lie st1rers
et the Grosvenor Place School OF Medicine; DR.. r.
Webb of Edibbweh Dr. Glrtwood Mr. j. Etmonds,
~ geon TO the Maternity Hospital; AMI DR.. Fyier
Smith all sgreed in the opinion thet TIE symptoms pre-
eIted IL the OF the deceased we're sucn would
be produced by natural causes; and Of the wit
STAYED that the symptoms were incOmp stiba
with Glow srseDical OF sLtinonial poisoning.
Sergeant Baiantine then proceeded 10 reply on the
whole for the prosecution. lie recap tn ae1 the
circumstances deposed TO DUNG The inquest aad the
present proceedings throughout pointing 10 the guilt
Of the psoner the only elucidaOn OF his conduct.
Il, Tee Lord Chez BaIoo then proceeded 70 san up
the evidence 10 the Jury. He severely censnref tls
conduct Of the prisoIer regarded his relations with
Mise BsDkes particularly dwelling upon tue marriage
Of the prisoner with the decessed; but il NOT, hs
said for that 'ha, the ary could nod him guilty, they
nust be perfectly "a nied fret OF his guilt. During
bis loIoshps descIp Of the Of the will ut the
decesseds deaf a-bed upon which ae dxelt with great
feelng-her laneLtsbs ana Isolated positioD--.hs
lesued judge snd the Jury we're deeply affected and
fox some moments most painful sllence prevailed.
H!s lordshp then deferred further summing 10 uutl
Friday.
Tie Jury retired yesterday at 10 minutes 10 g. the
charge d the Lord Chief Baron having lasted nearly
eight hours. At A. O'Clock the Jury came into Court
and returned verdict Of guilty.
The Judge having put the black cap, and the
usual question having been asked the prisoner pro-
ceece1 20 address the Court and spoke In rambling
stisiD for fly minutes. He said he wa innocent of
the charge With regard TO the property, be said he
might have nad whole and sole control OF IL Il he
pleased, for there nothing which Isabella Bankes
would have withheld from him. The prisoner also
entered al length into criticism Of the medical
part Of the csse, ana touched upon various ere uu-
taIcss in connection with il. HIS address w.s le.iv-
/ cred IN low ryersetionel tone.
| The Loid Chief Baron then said: Thomas, Smeth-
Issbela Batkes. think il would be difficult for anv
to slider the evidence DO for and agast you
without coming to the conclusion which the Jury
have pronounced by their verdict. cannot hslp
alludng to come words which have fallen from YOU
which coptrsdcted by the ceares testimony ttis
nauts t from the evidence it is confirmed by your own
letters that you kept the sister, LOUIS Bapkes from
seeing Isabella when she was dying at the time
when you introduced strange attorney 10 make will
IN your behalf. You state that that VI import
sLce for that you could have got the property at
time. II Is incredible that in such case YOU should
have introduced within two days o. the desth VI Iss-
bella Barkes asvarge attorney to WHOM ysa had made