Before The Lord Chief Baron Pollock, at the Central Criminal Court, July 7 and 8, and August 15 to 19, 1859.
For the Prosecution: Mr. Serjeant Ballantine, Mr. Bodkin, Mr. Clerk, and Mr. Mereweather.
For the Defence: Mr. Serjeant Parry and Mr. Giffard.
FIRST TRIAL—July 7 and 8.
Thomas Smethurst, æt. 48, surgeon, was indicted for the wilful murder of Isabella Bankes. The prisoner was a person of small stature and insignificant appearance, with reddish-brown moustaches, probably older than he stated, and, though appearing careworn, maintained great self-possession throughout the proceedings, and especially during the second trial.
HISTORY OF THE CASE.
Serjeant Ballantine, in stating the case to the jury, said it was alleged that the prisoner took away the life of a fellow creature by poison, and likewise contrived to throw around the means employed to destroy life some more than ordinary difficulties in the way of the detection of the crime; that in order to effect this purpose he had availed himself of the knowledge he possessed, and made use of a slow irritant poison, which he had administered with his own hands, until, by the accumulation of poison and irritation, she died.
The prisoner was represented to be a member of the medical profession: he had considerable knowledge of medicine, and was known as Dr. Smethurst. He was a married man, and had a wife considerably older than himself now living. At the time when he should first refer to Dr. Smethurst, he was living with his wife in a respectable lodging-house in Bayswater. While they were living there, in the autumn of 1858, Miss Isabella Bankes also came there to reside. She was a lady of delicate constitution,[169] and possessed of property under her own control of between £1,700 and £1,800, and a life interest in £5,000, which, at her death, went to other members of her family. The result was that an intimacy sprung up between the parties. In November of that year, the landlady, considering that there was too great intimacy between Miss Bankes and the doctor, spoke to her, and, in consequence, she left the house. On the 9th of December, Miss Bankes and the prisoner went through the form of marriage at Battersea Church, and, two days after, commenced to reside at Richmond. From a letter to his wife found on him when in custody, it was evident that the doctor did not intend this to be a permanent marriage. Until the 28th of January, 1859, nothing was heard of them; then Miss Bankes’s sister Louisa received a letter from her, but not dated from the place where they were living. On the 15th of February, the sister received another letter from her. At that time they were living in Old Palace Gardens, Richmond. Miss Bankes was then in good health, but, about the 28th of March, her illness commenced. On the 3rd of April, Dr. Smethurst determined to have medical advice. The landlady advised Dr. Julius, as he and his partner, Dr. Bird, were the most eminent practitioners in Richmond. They were accordingly called in. The former treated her for diarrhœa, in the usual way, the complaint from which he understood she was suffering, taking his account of her symptoms from Dr. Smethurst. Dr. Julius all through consulted with the prisoner, who took a most active part in the matter, and sometimes pressed upon him the use of various medicines. He, however, was only on two occasions allowed to be alone with his patient. On the 15th of April, on the landlady at Old Palace Gardens asking a few shillings more rent, they removed to Alma Villas—Miss Bankes so weak that she had to be taken in a cab and carried upstairs. Dr. Julius, when he found that his remedies had a contrary effect to what was intended, asked Dr. Bird to see her, but did not mention his own suspicions, though they were very strong. On the 18th of April Dr. Bird saw her, prescribed for her, but with the same result as his partner. At this time she was sinking, and becoming continually weaker. On that day the prisoner wrote a letter to her sister Louisa marked “private and confidential.” It stated that her sister was very ill, and wished to see her: she was to ask for Dr. and Mrs. Smethurst, and not to breathe a word of the contents of the note to anyone. The sister was not at this time aware of the marriage, and had her own views of her sister’s conduct. She went, however, and found her sister in a very feeble state. The deceased said to her, “Oh, don’t say anything about it; it will be all right when I get well, won’t it dear?” turning to Dr. Smethurst, who said, “Yes, it will be all right soon.” Dr. Smethurst showed every kindness and attention to the deceased during her illness, and to the time of her death she treated him with love and affection. Miss Louisa, however, was never allowed to be for a moment alone with her sister. Whilst she was there the prisoner gave the patient a saline draught, and she vomited immediately, and complained of its bad taste. Miss Louisa offered to make some tapioca, but the prisoner objected on the ground that there was not any milk. She then offered to make some arrowroot, but again he objected on the ground that the landlady might not like it. That evening the sister left, and next day wrote to the deceased, to which letter she received the following reply from the prisoner:—“After your departure, dear Bella had a very bad evening and night of it, purely from the excitement of seeing you, and the fatigue consequent thereon. Vomiting and purging set in at a fearful rate, which of course prostrated her greatly. The doctor at once forbade any visitors for the present, or he would not be responsible for the effects attendant thereon.” The prisoner had no doubt made such representations to Dr. Bird as induced him to say that she had better not receive visitors for the present. On subsequent days the sister received other letters from the prisoner postponing her intended visits from time to time; describing her sister’s condition, and mentioning that he had insisted on having a consultation with “Dr. Todd, the first physician of the day, and the two regular attendants who were the first doctors in the place.” One of these letters was dated April 30, but made no mention of his having on that day instructed an attorney in Richmond to draw up a will upon what he said was a draft by a barrister in London, but was really entirely in his own handwriting. On the following day (Sunday) he called on the attorney, and, representing that the case was urgent, induced him to come to the lodging, where the will was formally executed. By this will the whole of her property was left to the prisoner.[170] The consultation with Dr. Todd took place, and he agreed with other medical attendants that the patient was suffering from unfair treatment. The prisoner, however, on the 29th, wrote to the sister that Dr. Todd not only acquiesced in what was being done, but recommended a perseverance of the treatment, with some slight additions of his own. This was not the fact, but the prisoner was not made aware of the suspicions entertained by the medical attendants. They, however, caused the evacuations of the deceased to be tested, and the result was so confirmatory of their views, that they communicated with the police, and the prisoner was arrested. A number of bottles containing drugs and medicines were taken possession of, and on his person was found the following letter to his wife, sealed and stamped for post:—
Monday, May 2, 1859.