Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-02-12
4 rsVEDrND rNpGER
TIE case of Wtitian. Bailey.
H'sf,rg o. q London Clergyman Hho Wa,
Trn HspoFtsd fer forgrrY The Eitn-xsei
TyE0H ~. Induced TO Commit X'cTjarH

n ost pen rious hsbiis, sad 50 dirty and
mesb in appearance as % cRn>e him fire.
quentiy 10 be taken for oesssr. lie was,
however person OF considerable means,
though st his oesth hts fortune was greatly
exaggerated, were also scyeral circum-
stances Co rec;ed with himself such as, for
instaI ce that he could scarcely wrIte his
name, ana had LEFT no relattons-stortes
which were widely circulated IN the daily
press. ard no doubt sus gssted The attempt To
lated. WV - W. ''''' - -
Shortly after Smiths death, his admins
4 ator rect lived EOt!ca Nf q claim a-2i - the
e. tate preferred by kev. VIM. bailey, fash
ioI able p!eac chez of some celebrity. an min
liter OF st Peters Chapel. Queens square,
Westminster The claim Was made on behalf
OF Bailey sister for moneys alleged hy him
10 have beer paid 10 Smith for Investment,
amounting IN the whole Ia cess. A no
trace OF any transaction VITA Dr. Bailey
could be found in the GeceS>et's books, the
administrator determined 10 contest the
claim. An action was Accordingly com
menCed In the Common Pleas, came on for
trial IN July, 1912, was most vigorously
fought, AMI a. vigorously defended.
The plaintiffs story was 10 the effect that
bis sister, Miss Bailey, IN November. ISsS,
sent over from ireland a sum of money for
Investment in English securities; taat
Smith, with whom he alleged himself Ia he
on intimate terms. al vlSed him not 10 Invest
II in the FUNDS, but In tie purchase Of reni
charge, and stated that until Investment tie
would himself act as Miss Baiiey's banker;
plaintiff accordingly gave Saith $50 and
other sums, which his sis or Transmitted for
investment nom time fo time, and for which
Smith gave hts /. q. L; that sfterward, on
August Y, l>il, on settlement OF sccouBtS
between piaiutiif and Smith. the former
pressed for some security ard that on that
oay, in the vesiry room OF the chapel i'm
Queen's square, shortly before evening SER
vice. Smith gave Bailey an |. .. u. for the
whole ani""nt due-t2 SIS. Plaintiff, II Was
stated. q i"ctcd 10 The nature OF the security
and To th' fact that IL Sa III nothing about in.
teIest; whtrcrpon Smith replied, "Never
ofta.t a. Af ~ "a
officiating for pr Bailey, and In the vestry
al the time. but since deceased) put yonr
your fameS Ia it as witnesses, and IL will be
all right Plaintiff ard Mr.. Nixon did ac-
coIdn ely sign their names as witnesses, and
Mr.. Smith lten went ont OF the vestry into
The chapel, where he remained all the ser
vice.
subsequently The reverend doctor, not be-
ing satisfied with an !. o. C., pressed Smith
for mortgage, which the latter positively
refused 10 give, but asked the plaintiff TO
draw up prumissory note, which he said he
would sign. and also a letter to Miss Bailey,
promising. y she required il. To give a bond
ana warrant of attorney as further security.
This note ard letter were accordingly drawn
up, and were signed by the deceased.
In support OF his case the plaintiff called q
Mrs. Ellen Grey. who deposed that She hap
rened 10 be Ia the vestry room on the evening
of August II. ard saw Smith hand paper
10 Or Bailey. " no said, Il do not like this"
The paper was read over IN the presence OF
the witness while she vas reading her PRAYER
book, bat she vas not so ahsorbef in her de
votiOns rs rot Ia hear The words, 80 , 600 and
odd," which excited her surprise, as The
Thought it strange that such an emacisted,
dirty man D. Smith could have anything TO
do with so ~ ch money. She was afterward
shown into tie same pew with him, and on
her way home asked what the money meant.
Smith said Il was Miss Bslley's money and
ait was well he had il, as she would have
fooled il away" This witness was corroo-
or@ied by & ie male servant of plaintiff, VINO
said that ola January !, 1871. while she Was
mending lie carpet In the back drawing
room Of DR. Baiiey'S house. when Smith and
Bailey were in the front room, she heard
Smith say, 1890 more and IL Will make Il
round sum OF t30nG,'' and on crpSs-exaIni
ration she went further and said she saw
through The ioldiL g-dOors bank notes pas
from Dr. Bailey To Smith. The plaintif
himself then took the stand, swure positive
~ 10 all The statements made in ais coun-
sels openirg = eech, and coDlly produced An
account book, in which all the loans were
entered up, With the dates OF the respective
advances. No explanation Was, however,
offered OF the manner In which Miss Bailey
became Possessed OF so much money, nor
was size called as q witness. The plaintiff
himself said that he handed the money TO
Smith in irish bank notes, bat IT was con-
cIusiveIy shown that these were at that time
subject 10 "A discount of Two per cent. which
rendered 1T highly improbable That Smith,
who was mtserly old fellow, would have
accepted the money in that shape at par.
eventually the case bro.e down, the jury
found for the defendant, the notes and other
documents were impounde:, ana the plain
iii soon after arrested and brought 10 trial
for forgery, toward the close of 1872.
After the documents and the testimony OF
Bailey AT the former trial had been put ia
evidence, Mr.. Beilby was called for the
prosecution. He had been acquainted with
TIE deceased Tor about thirty years. Shortly
ness and asked him il he knew "the old
miser." Witness replied that he did, very
well. The prisoner then said he understood
he was worth fi00, 900, and could not write
Witness Uac I'm
as he himself had plenty of his handwriting.
Upon request, he showed the prisoner q re-
ceipt written and signed by Smith; the
reverend gentleman seemed much Interested
In IT, said II was great curiosity, and Dor
rowed 1t for few days to show to q friend.
Witness said that the signature to the pro-
was not in the deceased's handwriting, while
the signature to the J. o. U. did not in the
least resemble 1t. Two other witnesses, who
drmed the latter part Of this statement. Two
witnesses were also called who swore that at
the time OF the alleged transaction i'm vestry-
room. the prisoner was in their company at
The next witness told an extraordinary
story. His name he said was Kearney, and
he was q fruit peddler. About the Ist II De-
tober-after the trial OF Bailey VS. Smith,
but before the prisoners arrest-BaiIey. a
perfect stranger TO him, came up aud asked
now witness was getting on. BE replied that
ne "got on the best he could. but bal was the
best" Prisoner then said he mad lately been
engaged in law suit, which he had lost be-
cause the opposite party bad three witnesses
and he had only two, and asked him If he
could be a witness for him. kearney said he
would, and Bailey gave him q shilling, tell
ing him TO call at his house next day at one
O'Clock. He did SO, and was told that Mr..
Smiths counsel would battle him very much,
and that he must be prepared for them. Wit
ness said that he did not know what he was
to say, whereupon Bailey replied that he hal
written II down for him, and handed him a
paper, (Which witness produced.) The two
linen went together to DR.. Bailey's solicitor,
where witness was questioned and his ans
wers taken down in writing, but he could no.
recollect exactly what he said. Some time
AFTER the prisoner called at his house and
took him as far as Hyde Park corner, par
ticularly instructing him in what he was 10
say. A few days after he again called and
desired witness to attend the following day
at the EXchequer Coffee house. Kearney
went there and paper was read over 10 him,
after which he was directed to go before a
magistrate and swear TO IL. A boy was sent
with him for that purpose, but he now real
lied the magnitude OF the crime he was
about TO commit-''his flesh )" he said, "crept
on his bones so, instead of going to swear
to the paper he walked OF home. An attempt
was made by the prisoners counsel to dam
age the witness character, but without sue
cess. Considering the relations they had
borne TO each other, such q course was not
likely TO help his case, and suggested to the
prosecution the happy comparison OF the
prisons DOsi ton tn that M Satan rauynvinU