The Sun. — 1854-04-17 (London, England)

TIIE ST. FERGUS MURDER.  The trial of 'William Smith, medical practitioner (it has transpired that he holds no diploma entitling him to prefix the honiorary degree of M.D. to his name), for the murder of William M'Donald, farm servant, at Burnside, parish of St. Fergus, Aberdeenshire, on the 29th of last November, recommenced on Wednesday before the High Court of Justiciary, Edinburgh. The former trial (on the 13th of March), it may be recollected, came to an abrupt termination, after proceeding for one day, froxn the illness of a juryman. The public interest in the trial, from the former respectability of the accused, and the motive of the alleged crime—arising from certain policies of insurance effected by Smith upon the life of the deceased—has not in any degree diminished. rhe prisoner pleaded not guilty, and a jury was empanelled.  The leading facts of the first day's evidence have been already reported. Soma new testimony was, however, educed to-day.  The mother :and the brother of the deceased were recalled to testify: to the excellence of his character, and the cheerfulness of his disposition. His clergyman added his testimony to the same effect, and all the parties were positive in as aerting that there had been no recent quarrels in the, family. Dr. Smith was seen to call upon the deceased on Saturday, the 19th of November, and in the evening, between four and five o'clock, M'Donald left :his house, stating that he had a tryst or engagement with the doctor. The nearest way to Dr. Smith's house was by the pathway through a field of the doctor's, am' it was in a ditch, under the hedge which bounds this fieldi, that the body of the deceased was discovered by his brother next morning (Sunday). He was quite dead, there being a wound on the right cheek and blood on the fatn3. A pistol was lying near the body, but no marks ci,f a scuffle were apparent. The doctor was not at hero e when the discovery was made ; but shortly afterwards he came towards the spot with James Pirie, the farrier, and exclaimed, holding up his hands, " God preserve tics ! " Dr. Smith said at once that the deceased had shot himself, and afterwards made himself very busy with tJie funeral arrangements. It did not not transpire from the evidence how Dr. Smith had been acquainted of the tragical event. Upon the Sunday mornine• he called on James Pixie, the farrier, and said, "Are' you in, farrier ?" The man replied, "Yes." _Ere said, "Come here." The former said, "What's a d.o ?" He said, "Willie M`Donald's gotten dead someewhere about James Fordyce's." They went away to the, place together. The doctor pointed towards the field, and said, "Come this way ; I think he is this way." The same morning (Sunday) Mr. Moir, the Free Church clergyman of the district, addressed Dr. Smith, and said, " Well, doctor, has this happened by accident or design do you think 1" He said it looked as if it had happened by design. The doctor added that there had been quarrels in the family. The next Monday evening the same parties had a conversation on the matter, and fro:m the mystery about the event, the clergyman (to use his own words) looked Dr. Smith in the face and said, 4‘ Where were you on the Saturday night ?" He had nientioned several places where he had been. I afterwardat said that if it were a strange hand that had done the deed, it was singular that they should have looked for the lad there, as the road was seldom used by anybody but myself and himself (the doctor). I said it was my conviction, if another person had done the deed, it must have been some one from the village. Dr. Smith never said anything to me about insurances on any occasion. I asked him how he found out the