THE TRIAL.

New Zealand Herald, Volume IV, Issue 1073, 23 April 1867, Page 4

THE TRIAL.

(Trom the Xote-book of a deciascd Lawyer.) O.vn of tho most extraordinary and most " itereit")" triais of which I find any account ; "i my no.'o-boofe took placo in the Northern Circuit less than fifty years ngo. It is instructive ill many pointß of viow. To thoso who bel'ovo that they sec the Gngcr of Providence especially pointing out tho murderer, and guiding, in a slow but unerring courjo, tho footsteps of tho avenger of blood, it wi' 1 afford matter of deep modltation and reflection. In tho year 17—, John Sir'th (I use fictitious names) was indicted for tho wilful niurdor of Henry Thompson. Tho caao was of a most extraordinary nature, and tlio interest excited by it n'moet unparalelled. Tho accused wps a gentleman of considerable property residing upon h>s own estate, and in m v 1frequented part of sl 're. A person, supposed to bo au entire stranger to him, had, late in a summer's day requested and obtained shelter and hosoital'ty for tho night. Ho had, it was Bupnoscd, after taking some slight refreshment, rotircd to bod in pcrfoct health, requesting to bo awakoned at an early hour tho following morning. Whon tho sorvant appointed to call him entered his room for that purposo, ho was fo'-id in his bed perfectly dead ; and, from the appearanco o ' tho body, it was obvious that ho had been so for many hours. There was not tho slightest mark of violeneo 011 his person, and tho countenance retained tho same expression which it had borne during life. Greai constornation was, of course, excited by this discovery, and enquiries wero immediately made —first, as to who tho stranger wa, —and secondly, as to how he met with his death. Both wore unsuccessful. As to tho former, no information could bo obtained—no cluo discovered to lead to the knowledge either of his name, his person, or his occupation. Ho had arrived en horseback, and was seen passing through a neighbouring village about an hour before ho reached the liouso whore his existence was so mysteriously terminated, but could bo tracod no farther. Beyond this, all was conjecture.

"With rcopcct tu tho death, aa littlo onuld bo learned as of tho dead man : it vtai, it is true, sudden —awfully sudden; but there was no reason, that alone excepted, to suppose that it was caused by tho hand of man rather than by tho hand of God. A coroner's jury was, of course, summoned; and after an investigation, in which littlo moro could bo proved than that I have hore stated, a verdict was returned to tho effect that- tho deceased " Died by tho Visitation of God." Days and wucks passed on, and littlo further was known. In tho meantime), rumor had not been idle; sufpicions, vague, indeed and undefined, but of a dark and fearful character, were at first ■whispered, and afterwards boldly expressed. Tho precise objcct of thesosuspicions was not clcarly indicated ; somo implicated ono person, somo anothor; hut thoy all pointed to Smith, tho master of tho house,as concerncd in tho death of the strangor. As usual in such cases, circumstances tota'ly unconnected with tho transaction in question, matters many years antecedent, and relating to other persons, as well as othor times, wero used as auxiliary to tho present cliargo. The cliaractor of Smith in early life had been exposed to much observation. Whilo his father was yotalivo ho had left his nativo country, involved in debt, known to have bron guilty of groat irregularities, and suspected of being not ovor scrupulous as to the modo of obtaining thoso supplies of money of which ho was continually in want, and which ho seemed somewhat inexplicably to procure. " And ho left in youth his fatherland ; But from tlio hour he waved his parting hand Each traco wax'd fpinter of his course, t'U all Had nearly ceased his memory to rccrll. * * * " He caino at last iu sudden loneliness, A nd whence thoy know not, why thoy need not guess; They moro might marvol, whon the greeting's o'or, Not that ho canui, but camo not long before. Years had roll'd on, and fast thoy speed away To thoso that wander, as to thoso that stay. Ho camo ; nor yot is past his menhood's primo, Though sear'd by toil, and something touch'd by timo." Ton years and moro had olapscd sinco his return; and tho events of his youth had been forgotton by many, and to many wero entirely unknown : but, on this occasion they wero revived, and, probably, with considorablo additions ; and, in fine, the magistrates wero induced to commit Mr Smith to gaol, to tako Jlis trial for tho wilful murder of Honry Thompson. 4s it was doemod essential to tho attainment of justico to koep secret tho examination of tho witnesses who woro produced beforo tho magistrates, all tho information of which tho public woro in possession, beforo tho trial took plaoo, was that which I have j hare narrated. Such was tho stato of things upon tlio morning of tho trial. Soldom, perhaps, had speculation boon so busy as it was upon this occasion. Wagors to a coneidorablo amount woro doponding upon tho ovent of tho caso : so lightly do mon think and aot with roforonco to matters in which thoy are not personally concornod, oven though tho life of a fellow-creaturo is involved iu the issno. Tjord Mansfield's charge to tho grand jury upon tho subject of this murder oxcitcd a good deal of attent'.o n Ho had rocommonded them, if thoy entortained reasonable doubts of tho sultteioncy of tho ovidonco to ensure a conviction, to throw out tho bill; explaining to them most justly and clcarly that in tho ovont of their doing so, if any additional ovidonco should at n futuro timo bo < i: scoverod, tho prisoror could again bo apprehended, and triod for tho oiTbneo : whereas if thoy found a truo bill, and from dc/icioncy of proof, ho was now acquitted on his trial, ho could nover bo molostod, oven though tho testimony Bliould bo morally as clear as light. Tho grand jury, after, as was supposed very considerable discussion among themselves, and an was rumoured, Ijya majority of only ono returned a " truo bill." After the charge, it was conjectured that tho proof ofiered to the grand jury must havo been strong to authoriso such a finding; and a strong impression in conscquonco provailcd that thoro would ultimately bo a conviction. The counsol for tlio prosecution oponcd his caso to tho jury in a manner that indicated very littlo expectation of a conviction. He bogan by imploring thorn to divest thoir minds of all that thny had hoard beforo they camo into tho box : ho entreated thom to attend to tho ovidence, and judge from that alono. Ho stated, that in tho course of his experience, which was vory groat, lie had never met with a caso involved in deopor mystery than that upon which ho was then addressing tliem. Tho prisoner at tho bar i was a man moving in a respectable station in socioty, •

and maintaing a fair charaetor. Ho was, to all appoaraneo, in tho possession of a considerable property ; and was above the ordinary tomptations to commit so foul a crime. With respect to tho property of tho docejscd, it was strongly suspected ho had either been robbed of, or in souio inoxplicablo manner made away with, gold and jewels to a very largo amouut yet, in candor, ho was bound to admit that no portion of it, liowover trifling, could bo tracod to the prisoner. As to any motive of malico or revenge, none could b> possibilicy bo assiguod ; for the prisoner and tho deceased wore, as far as could bo ascertained, total strangers to each other. Still thero wero most extraordinary circumstances connected with his death, pregnmt with suspicion at least, and imperiously demanding explanation ; and it was justico, no le.is to tho accused than to tlio public, than tho caao should undergo judicial investigation. The deceased, Henry Thompson, was a jeweller, residing in London, wealthy, and in considerable business ; and, as was tho custom of his timo,*in the habit of personally conducting his principal transactions with the foreign merchants with whom ho traded. JJo had travelled much in tho coureo of his business in Gormany and Holland; and it was to inpet at Hull n trador of the lattor nation, of whom ho waß to mako a largo purchase, that ho had left London a month before his death. It would bo proved by tho landlord of tho inn whore he resided, that ho and his correspondent had been thero; and a wealthy jeweller of tho town, tvell acquainted with both parties, had aeon Mr. Thompson after tho departure of tho Dutchman ; and could speak positively as to thoir being then in his possession jewels of large value, and gold, and certain bills of exciiango, the parties to wluehhecoulddcscribo. This witi on l'o morning of Thompson's departure from Hull, on his return to London, mid was on tho day but ono preceding that on which ho arrived at the house of tho prisoner. What had becomo of him in tho interval could not bo ascertained ; nor was tho prisoner's house situated in tho road which ho otijjit to havo takon. No reliance, howovor, could bo placed on that circumstance ; for it was not at all uncommon for persons who travelled with propcvly about them to lcavo tho direct road, even for a considerable distance, in order to securo themselves as effectually as possible from the robbers by whom the remoto parti of tho country wero greatly infested. He bad not been seen from tho timo of lira leaving Hull till ho readied tho villago next adjoining Smith's house, and through which ho passod, without oven a moncntaiy hnlf. 110 was soon, to alight at Smith's gate, and tho next morning was discovered dead in h>'s bed. He now came to tho most extr:ion l: n;try part of tho C'ise. ft would bo proved beyond tho possibility of a doubt that the doceasod died by " poison"—po : son of a most subtle naturo, mo3t activo in iti operation, and possessing tho wonderful and dreadful qua'ity of lea»'ng no external mark or token by which its presence could be detected. The ingredients of which it was composed were of so sedative a naturo, that, instead of tho body on which it had been used exhibiting any contortions, or marks of suffeiing, it left upon the features nothing but- the calm and plac'd quiet of repose. Its etlects, and indeed its very cx-'itcnco. wero but recently known in this t mntiy, though it had for some timo been used in other nations of Europe ; and it was supposed to be a discovery of tho German chemists, and to be produced by a powerful dist'Hation of tho seed of tho wild cherry tree, so abundant in the Black Forest.

Rut the fact being a3cer'-.incd that the canso of doath was lcTfc open the much moro momentous question—by whoja was it administered? It could hardly bo supposed to be by the deceased b;meelf; Ihero was nothing to induce such n suspicion; and Micro was this important circumstance, which of itself n' nost negatived i f p33 ibility, that no phial, or vessel of any kind, had been d'U'ovcr'd, in which tho poison could have bren cont-'aed. "Was it then the prisoner who admin" ■! red it ? Bcforo lie asked them to como to that conclus'on, it would bo necesssary to state moro distinctly what his evidence was. The prisoner's family'consisted only of himself his housekeeper, aud ono man sorvant. Tho man servant slept in nn outhouse adjoining tho stable, and did so on tho night of Thompson's deiuh. Tho prisoner slept at one end of tho house, and the housekeeper at tho other, and tlio de:cnvd had been put into a room adjoining t! i housekeper's. It would bo proved, by u person vr .0 happen rd to bo posing by the houso on t'lo night in question, about th.eo hours after n-'dnlght, that ho had l.ren induced to remain and watch, from his. having his attention cxcited by tho circumstancci-, then very unusur 1 , of a light moving about tlio houso a that lata hour. Thut person wov'd state most positively that he could distinctly see a fipv-c holding a light, go from the room in which prisoner slept to tho housekeeper's room, that two persons came out of tho housekeeper's room, mid tho light disappeared for a minuto. Whether tho two persons '.vent into Thompson's room ho could not see, as tho window of that room looked another way; but in about a minuto they returned, passing quite along tho house to Smith's md in about five minutes tho light was extinguished room agaiu and ho saw no more.

Sucli was tho ovidonco upon which the magistrates had committed Smith ; and, tingnlarly enough, since his committal the housekeeper had been missing, nor could any trace of her be discovered. Within the lust wo"K-, tho witness who had seen the Vghfc had been moro particularly examined; and, in order to refresh his memory, he had been placed, at dark, in tho very spot whero ho had stood on that night, and another person was placed with him. Tho whole scone, as ho had described it was acted over again ; but it was utterly impossible from tho causo abovementioned, to ascertain whon the light disappeared, whether tho parties hud gono into Thomson's room. As if, however, to throw still deopor mystery over this extraordinary transaction, tho witness persisted in adding a now feature to his former statement — that after tho persons had returned with the light into Smith's room, and before it was extinguished, ho had twice perceived some d<rk object to intervene between the light and tho window, almost as largo as tho surfaco of he window itself, and which he described by ing, it appeared as if a door had boon placed bofuro tho light. Now, in Smith's room, there was nothing which could account for this appearance : his bed was in a different part ; and thoro was neither cupboard nor press in the room, which, but for tho bod, was entirely empty, tho room in which he dressed being at a distanco beyond it. Ho would state ono fact moro (said tho learned counsol), and ho had done liis duty ; it would thon bo for tho jury to do theirs. Within a few days thoro had been found in the prisoner's houso the stopper of a small bottle of a very singular description ; it was apparently not of English manufacture, and was desciibed by tho medical men as being of tho description used by chemists to preserve those liquids which aro most likely to lobo their virtuo by exposure to tho air. To whom it belonged, or to what uso it had been applied, thoro was no evidence to show.

Such wai tlio address of tho covnsel for tho prosecution ; and during its delivery I had earnestly watched tho countonanco of tho prisoner, who had listoned to it with deep .attention. Twice only did I pcrcoivo that it produced in him tho slightest emotion. AY nen tho disappearance of his housekeeper was mentioned, a smilo, us if of scorn, passed over his lip ; and tho notico of the discovery of tho stopper obviously excited an intorost, and, I thought, an apprehension, but it quickly subsided. I neod not dotail tho ovidonco that was given for tho prosecution : it amounted in substanco to that which tho counsel stated ; nor was it varied in any particular. Tho stopper was produced, and proved to bo found in tho houso; but no attempt was mado to traco it to tho prisoner's possession, or oven knowledge. "When tho case was closed, tho learned judge, addressing the counsel for i>o prosecution, said ho thought thoro was hardly si.Oiciont evideneo to call upon the prisoner for Irs defence; and if tho jury wero of the tamo opinion, they would at onco stop the caso. Upon this obs.rv .tion from the judge, the ury turned round for a inoinont, and then intimated thoir acquiosconeo in his 'ordsliip'i view of tho ovidonco. Tho counsel fol c . up their b-'.els, and a vcrdict of acquittal was about to he taken, whon tho prisoner addroosed tho court. Ho stated, that having boon accusod of so foul a cximc as mnrdor, and having had his cliaractor assailed by suspicions of tho most afflicting nature, that character could never bo cleared by his acquittal upon tho ground that tho ovidonco against him was inconclufr'ro, without Riving him an opportunity of slating his ov. a caso and calling a witness to counteract tho impressions that had been raisod against him, by uiplair t" o o circumstances which at present appeared doubt ul. Ho urgod tho loarncd judga to permit h m to stato liis caso to tho jury, and to call his liouselceo r, wi'h so mu !i earnestness, nnd was si-corded so str mgly by his counsol, that Lord Mansfeld, though very much against his inclination, and contrary to liis usual habit, gave way, and yielded to the request. Tho prisoner then addressed tho jury, and entreated thoir patience for a short tiuio. lie ropcatod to them that ho never coi -1 d feci satisfied to bo acquitted merely becauso tho ovidonco was not conclusive ; and pledged himself, in a "?ciy short timo, by tho &w ob-

servations he should make, and tho witness whom he ] should call, to obtain their vordl-t upon much higher grounds—upon tho impossibility of his being guilty of tho dreadful crime. With respect to tho insinuations which had been thrown out against him, he thought ono observation would dispo-o of them. Assuming it to ho truo that tho deceased died from the elFect of a poi<on, of which ho called God to witness that he had nover oven heard either the name or tho existence until this day, was not ovcry probability in favor of his innocence ! Hero was a perfect Btrangor, not known to havo in his possession a single article of value, who might cither havo lost or been robbed of that property which he was said to have had at LI nil. What so probable as that 110 should in a moment of despair at his loss, have dcstroyel himnelf ? Thef ital drug Wa3 stated to have been familiar in those countries in which Mr. Thompson had travelled, while to himself it was utterly unknown. Above all, ho implored the jury to remember that although the eye of malice had watched every proceeding of his Binco tho fatal accidcnt, and though the most lE'iiute research had been made into cvc>.y part of hia premises, no vestige had been discovered of the most trilling article belonging to the deceased, nor had even a rumor bcon circulated that poison of any kind had bacu evor in his possession. Of the si <ppor, which had bcon fouud, ho disowned all knowledge ; 110 declared, most solemnly, that he had nover seen it before it was produced in comb; and he asked, could tho fact of its being fonnd in his house, only a few days usro, wheu hundreds of people had been there, produce upon an impartial mind even a momentary prejudice against him? 0110 fact, and ono only had been proved, to which it was possible for him to give an answer—tho fact of his having gone to tho bedroom of his liousokeepcr on tho night in question. Ho had been Bubjcct, for many ye".rs of his life, to sudden fits of i'lness ; ho had been seized with one on that occasion, and had gone to her to procuro her assistance in lighting a fire. She had returned with him to his room for that pu.pose, ho liav : ig wailed for a minute in the passage wb : le she put on hf'r clothes, which would account for the momo.iiary disappearance of the light; and after he luui remained in b'i room for a fuw minutes finding himself bettor, ho had d'smisied her, and retired again to bed, from which he had not liscn when ho wr ' informed of the death ot b' • guest. It had teen sa : d that, aft :r hi conn V to prison, his housekeeper had d'-appeared. Ho avowed that, find-'ng li's enemies wero beut upon h : 3 ru-n, he gjt her out of their way ; but for what purpose? Ko; to prevent her testimony being given, for sho wai row urder tho caro of his solicito •, and would intantly appear for tho purpose of confirming, as far she was concerned the statement which he had just made.

Such was tlio prisoner's addveis, which produced a very powcrfr' ef'ect. It was de'"verod in a firm and impressive manner, arid U; fimp'-'city and arilcssaess gave it an appearance of truth. The housekeeper was then put into tho box, and examined by the counsel for the prisoner. According to the customs -at that time almost un< versr 1 , of excluc i: ng witnesses from court until their ' .stiiEOny wps required, ahe had been kept, at a house n-:~r at lm-rid, r id had not heard a single word of tlio trir 1 . There was nothing remarkable in her manner or ap >earance ; she ni'glit be about thirty-five or a litt'e more; with regular though not r j cable features, and an air perfectly frca from embarrassment, ahe repeated, almost in tho prisoner's own words, the story t' it lie had told of his having c.illed her up, and her 1 vving accompanied him to liia room, adding that, after leiving him, sho had retired to her own room, and been awakened by tho man seivant, in the morning, with an account of the traveller's death. She had now to undergo a croi^-exam ; l.ition ; anl I may n well stato hero that which, though not known to me till afterwards, w'H assist the read'r in understanding the following scene. Ine counsel for the prosccition had, in his own mi* h attached considerable importance to tho circums' nc3 mentioned by the witness who taw tho light, i lat while the prisoner and the housekeeper were ' . the room of the former, soraethiug liko a door hp I intervened between the candle and the window which was totally irreconcilable with tho appcaranco of tho room when examined ; and he had ha 1 f persuaded himself that tbero must bo a 13cret closet wh-'ch had escaped the search of the otHcer of justice, tho opening of which would account for the apuearanco alluded to, and the er : stence of which might discover tho property which had 50 mysteriously disappeared. His object, therefore, w< ; ts obtain from the housekeeper (the only person except the prisoner who could give any clue to it) such information as 110 could g t, without alarming her by pnv direct inquiry on the subject, which, as she could not help seeing its importance, would have led her at once to a positive de> He know, moreover, that as she liau not been in court, she could not know how much or little tho inqviry had already brought to light ; and by him o.'f treating the matter as immateiial, he might lead her to consider it so also and, by that meaDS, draw forth all that she knew. After some few unimportant questions, he asked her in a tone and manner calculated rather to awaken confidenco than to excite distrust, — During tho timo you were in Sir. Smith's room, you stated that the candle stood on the table, in the centre of tho room ?—Yes. Was the closet or cupboard, or whatever you call it, opened once or twice, while it stood tliore ?—A pau-.o : no answer. I will call it to your recollection: after Mr. Smith had taken the medicine out of the closet, did he shut tho door, or did it remain open ?—He shut it. Then it was opened again for tho purpose of replacing the bottle, was it?—lt was. Do you recollect how long it was open the last time ?—Not above a minute. The door, when open, would he exactly between tho light and tho window, would it not ?—lt would. I forget whether you said tho closet was on the right, or left hand side of tho window ?—The left. Would tho door of tho closet mako any noise in opening ?—None. Can you speak positively to that fact—Have you ever oporcd it yourself or only seen Mr. Smith open it?—l never opened it myself. Did you over keep the key ?—Never. Who did ?—Mr. Smith always. At this moment the witness chanced to turn hor eyes towards tho spot whore tho prisoner stood, and the clfect was almost electrical. A cold damp sweat stood upon his brow, and his faco had lost all it color :he appeared a liviog imago of death. She 110 sooner saw him than she shrieked and fainted. The roiisequencos of her answers flashed across her mind. Sho had been so thoroughly dcecivod by the manner of the advocate, and by the little imp.ortanco ho had seeiusd to attach to her statements, that she had been led on, by one question to another, that she had told him all lie wanted to know. During tho interval (occasioned by her illness) to tho proceedings, the solicitor for the prosecution left tho court. It was between four and five o'clock when thojudgo resumed hie seat upon tho bonch, tho prisoner his station at the bar, and tho liousokeepor hor's in the witness-box: the court, in the intorv.il, had romained crowded with tho spectators, scarce one of whom had left his place, lost, during his absenco, it should be seized by somo one else. Tho cross-examining couisol then addressed tho witness: —l have vory fe .r moro questions to ask of you; but beware that you answer thom truly, for your own life hangs upo \ a t'noad. Do you know this stopper ?—I do. To wh 'm doos it belong ? Mr. Smith. When did yoa sco it last?—On the night of Mr. Thompson's doath. At this mom: .it the solicitor for tho prosecution entered tho court, br. ; with him, upon a tray. 0 watch, two money-bays, a jnwel case, a pockot-book, and a bottlo of tho same manufacture as tlio Btopper, and having a cork in it; some otlior artioles there were in it, not material '> my story. Tho tray was placed 011 tho tnblo in it of tho prisoner and tho witness; and from t'at moment not a doubt remained iu tho mind of ..ay man of tho gu'lt of tho prisoner. A .- .v wc.Js will bring my tale to its close. Tho hoi'-'o where tho murder had been com mitted was between 1 \ic and teu miles distant. Tho solicitor, as soon ' • tho cross-examination of the housekeeper had C covered tho existence of tho closet, and its situa !on, had set 01T on horseback, with two sheriff's Ouicers, and after pulling down part of the all of tho house, had detected this important place of concop'ment. Their search was well rewarded ; the whole of tho property belonging to Mr. Thompson was found tl-<-re, amounting in valuo to some thousand pounds ; and, to lep >e no room for doubt, a bottlo was discovered, which tl-o medical men instantly pronounced to contain tho very identical poison which had cans'l the death of the unfortunato Thomson- Tho result is too obvious to need oxpianation. 'Xlie case present) the, perhaps, nnparalle'ed iu stanco of a man accused of murder, tho evidence I against him was so slight as to induce tho judgo and jury to concur 111 verdict of acquittal, but who, persisting iu calling a witness to prove his innocence, was upon tho testimony of that very witness, " condemned and oxocutcd,"

"THE LAY OF THE LA.ST MAoiF" . inE Lay of the JjASt Maori.— noticed in our Wauiku correspondent's letter publish m the Herald recently, an account of tlio first meeting of tlio Literary Society held Waiuku, wlucli contained tlio following ™rf Thursday evening, the f iterary Society had its first meeting at Campbell's Mr. Jilley read ma very effective manner " Tie Lay of the Last Maori," being a parody on Sir W. Scott's well-known "Lay of the Last Minstrel." If Mr. lilley would publish it, nmnv other settlers would hear or read it with equal pleasure to that with which it was listened to the other night." Our correspondent is perhaps unaware, and Mr. Elley woi'kl seem to have not informed those present, that the poem which he read was an original piece, written for and published in the New Zealand HEUALDof Junelo" ISCS, by, a gentleman engaged on this journal'. We republish it, as such a course would, appear to be agreeable to many of our readers.