The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-04

9.
mako win, Leaving me sl,7oe T. ea Lot her die Of
poison, which can admiAsser-dos arsenic aud an.
tmcnyn such minute qusntt,eS ], traces Win nos BE-
II remain ~ an, the sham mar .ss Il Rsorses may
be discovered, Isabella Rankes n ! b come 4 mother
e better e. ess . "a .; e
In secret, though the orr ne be dis red must stand
the chance Of an Indictment for m err" rhs stakes
were ies,iul smsssurs played bold and silfuly, bu
Nearly four days we're consumed in the examination 0.
Ing 70 show that death had resulted from dphthereio
dyaentry. Towards the close Of the fourth day, the
judge Lord Chief Baron Pollock to charge tho
jury
Tho prisoner, Thomas Smehurs, he said, wN charged
with the murder OF Isabella Bankes By poison ard there
graves. Importance nos only to the prisoner but also
the public IT. the whole caso tho jury came 70 the
conclusion, sensible men, that the case for the pfosscu
ton was made out, would BIO their duty 10 INA the
prisoner guilty. but they and mot arrive It th con.
cluslon, would be equally their duty 70 fnd him not
aSa h ~ connsa hs NO s,.aac o.
animopy was found In his possession. He was
also entitled TO The benefit Of the all doubts Ear
% they grave serious ana Solemn which might be
rased by the testimony brought forward bis behalf
the whole OF his how heightened career he ne learn
cd Judged had hardly met with moro remarkable case.
BE regretted that the Reness Of the hour prevented him
concluding his address that night and would then only
call their attention to the circumstances under which
lie evidence and nsx dsy he Would read over to them
the whole evidence from beginning TO end, making such
rernsrks upon - suggested themselves to his mind.
Doubtless tho only question they had to decide the
guilt innocence Of the prisoner but that divided itself
OBVIOUSLY Into the quostonsHAd the crime imputed 10
the prisoner been committed and II Il had by whom
had L been commueoY II il had NOT been committed,
there was IN end q the inquiry, and the pri.
soner must be ACQUITTED but there were some
serious attention, especially tho Relationship in
which the deceased lady considered che TO the pri
bis on the ID R. on the
merely Of having administered poison. AT that time
nothing known about their marriage being merely
sham or about the viii having been made on Sunday, or
about several ohef ccumstances The medical felt
to be their duty to make application to the magistrates
taken them and then he implanted Of BEING torn
away from his dying wife, and imQlored TO be ALTO sed to
80 TO her assistance. He liberated his oaa 70.
coenizanCss but the next day tho lady died. be
again taken into custody and at a committed for tfiei
ire learned Judge then observed that the
prisoner in marrying Isabella Bantes Vas in any view i'm
moral The marriage on the 1871 OF December not
only violation OF the law bat II was felony. ne
knew he was married to the old lady a, kildare terrace
Hs conduct Also In reference 70 the will when he thought
the deceased was dying, was immoral
He procured attorney reluctant TO discharge such
day, and stated 70 HIM . deliberate fssehood under
what Isabella BaDkes consented to become
bis wife they could not gather and probably would ne
her to church and went through the solemn ceremony OF
marriage with her. in violation OF tie duty he we'd 70 the
unhappy woman, 70 her family and to society was not
however, that reason they would fcd MIN guilty Of
the present charge, which must be msda out by putting
various facts as taking the soup out o.
room TO cool it, Rnd other incidents There might be
nothing agsnst him In keeping tbs sister away That
might be part Of the stem for getting posses,ion Of the
TO consider whether Isabella Bankee was partner the
guilt and crime Of the Transaction with regard to tho
risgs She was lady Of respectable oonneetion. pos
sessipg interest in 95 060 which ielded bsr fi50
year, and also entitled 10 snare IN mortgage, to the
amount of 81 eco odd, producing about fI0 more Her in
come altogether was fully f220 sesr and therefore che
had motive Of want unite herself 10 the prisoner
She 43 years OF age and the prisoner 49, aud there
could BIO no doubt that they were on familiar terms
together az that had been owed by Mrs Smith in whose
house they met but was quite clear that Mas Bankes
would have nothing to do with him unless ne married
her. Then came the quefon-what did Aho suppose
the value OF that marriage There was little 10 throw
light upon that point but the prisoner by tho deare Of
sister, dated the 18th of April the day which Dr. julius
first entertained his suspicious. 1t in these terms
PRIVATE AND CONFIDENTIAL
s. vS 81 n e. :,
and ssk for Dr. and Mrs you have called
. e .aa .ns hs not 81 ss
s az c% =: ss ssoa
boui md Richmond buses from the White Horse Cellar
riSssd about as Often remain dear siss Bsnke: yours
III Alma villas, Richmond hill, April Ii, 1853
The sister, Miss IOuha Bankes, did 60 down to Richmond
and most remarkable conversation then occurred The
on Feeng her, was excited and well she might
be- but sne ,s s' get well WIN be RIGHTS and
nodded bis head, meaning IL would be all right Now.
matter right va. showing .s q
the first wife was bad, or NO marriage at ALL or some
Ssr Ts emitting him Y a s. B.ass 70
and farce could not bs doubted but did posseSg the
same knowledge? HIS ordship then read the ascaonate
tha In har Tho of ArrIl
beginning, "Ny dearest Loo end saying how happy she
was, and asked tho jury Il tina. was IKE the com
an ample independent income, who had sold herself
TO married man, who could give her nc reconpense
and thus brought herse to the moot degraded state
which woman could be placed II for the jury TO
say whether her conduct refer able to repre-
sentaon made TO her and to her heter, who away
WITH the opinion that |. woald all be- right In The will
che was sudiously called "Eainater and the signature
10 II Ieabella Bankes not Isabella Smehurstn
he wished he had not TO advert to another instance Of
fafehooc which abounded more less every part OF
the On the seth Of April the day before the will
vas executed the prisoner wrote This letter to Mise Louisa
Bsnkes.--
EnARr,r Mss BAsxEsIn reply to your favor q ysser
PAL srelchsdy lad nish passed hsen motions IN the
y fnd e, % h aas
5 o a % ana ss. Ss for
will be better that you shouid be u.s. that II you
Or S
@ ne e have w S ydu much a.. s,
let and have net enough for ourselves Dearest Bella
sSs fs snSs love- and with yy s1os Sh esse
ApRiLSo, 1850.
Now although the prisoner represented 10 chat letter
that the deceased ssch state that her sister could
rot be permitted to her for fear agtang her on
the following morning sunday) be brought into her
strange man, an attorney, 10 read over her viii to
her-a strange day, however, for Huch . business and
the will being readj 10 the dying woman he asked
her to e!sn It, and this will made oyer all her properly TO
the priacner.a The circumstances OF degradation were
concealed from every one but the attorney and he was
told by the prisoner thai they married. that
they would be married when she got better and the
will 10 be made ont u her maiden name Isabells 81
she was alive 70 the point on which most
sve, acd she might have been told and thought that
until the circumstance cleared up and made all
right" and the marriage publicly avowed it better,
e-pecay VIXEN the did act in favor OF the prisoner
employ her maiden But ths clear. that ct the
most critical moment OF her ilnesswheI death In
fact impending the prisoner wble he admitted this
strange her ROOM kept away her dearest relative