MURDER TRIAL.

Wairarapa Daily Times, 29 November 1926, Page 5

MURDER TRIAL.

HUSBAND ACQUITTED. OF SHOOTING RIVAL. LONDON, Saturday. A roar of applause, which was taken up outside the court, greeted the verdict of not guilty of murder or manslaughter, in which Alfonso Francis Austin Smith was charged with shooting .John Adam Tvtlor Durham on August 12th, by shooting him with a revolver at “Stella Maris,” a house in Tankerton, Whitstablo. “Oh, how splendid!” cried Mrs Smith,- who had waited every day, a pathetic figure, in an anter-room, occasionally peering through a glass door at her husband in the dock. She added that she had “A wonderful letter from him this morning. It means we shall be together again.” Mrs Derhain, wife of the dead man, of whom Smith had been jealous, and who was shot during a struggle between the parties at “Stella Maris,” said: “I am deeply distressed, but I cannot help feeling grateful that a second life is not to be taken.” There were many dramatic moments during the trial of the case at Maidstone Assizes, under Mr .Justice Avery. The tension in the court as the relentless examination of Smith dragged detail after detail in the events leading to Durham’s death snapped ivitli the swoon of a'woman juror, as Sir Marshall Hall read a poignant letter from Smith to his wife:

‘■‘l have been mad lately,, and in hell,” lie said. “Now von have made me sane. I won’t leave a stone unturned to wipe out the past. I feel like a man who has been in a terrible fever, and has, awakened from a deep, liferefreshing sleep. Don’t throw the lifebelt to draw it away again. God bless vou. ”

Smith persisted, in answer to a fire of questions: “I swear I never touched the trigger. 1 never intended to shoot anyone. I didn’t fire the revolver. I never threatened to kill Durham. J! never had murder in my heart.” Smith left t'lie box after three hours’ examination. The gist of his story was that lie intended to commit suicide, for which purpose he bought a revolver. A love letter arrived; for his wife on August 11th from Derham. \vheu Smith read it he said he felt all his life’s hope had gone. He wired to Derham to visit “Stella Maris,” his home, in order to discuss the situation. In the course of the discussion Smith suggested that both of them should leave the woman for three months. She and Derham refused to agree, whereupon'Smith said he would shoot, himself. Derham interceded, and the three supped together. Smith again threatened to commit suicide, and prepared to remove his revolver from his hip pocket, in order to sit down. “J think Dcrliani struck me, either the instant the revolver exploded, or just before.”

Sir Edward Marshall Hall contended that Smith never eon tern pi a ted murder, and appealed to the jury to free the .prisoner, so that lie might catch the lifebelt and return to a happy life with his wife and children.

During his counsel’s .address, Smith for the first time showed strong emotion.'

The jury found Smith not guilty of murder and not guilty of manslaughter. ITe pleaded guilty to being in possession of,a firearm with intent to endanger his own life, and was sentenced to imprisonment with hard labour for one vear.

At the preliminary hearing' of the case, on September 3rd, the prosecutor said the relationship of the two men was of vital importance in investigating the. case. Derliam was a well known international rink hockey player, of Claverliouse, Herne Bay. He was a grandson of the late Brigadier-General Tytler, V.C. Smith, formerly an officer in the 4th Dragoon Guards, is the grandson of the late Mr Hugh Ryan and the late Sir Frank Smith, two Canadian magnates. From them he inherited nearly half a million dollars —£100,000. Both Derliam and Smith went to Eton and Cambridge, afterwards serving with distinction in the war. “This problem can only be solved in one way; the removal of your lover or myself,” said Smith, in a sealed letter to his wife. “I cannot go on supporting this, great enemy of mind and heart. If you hold anything Sacred in this world or the next, look after the children. . . I still love you too much.” SOME FAMILY HISTORY. (Received Monday, 0.40 a.m.) LONDON", Sunday. The Sunday Express states that Smith’s grandfather was Sir Frank

Smith, "who is associated in business in Canada with Lord Strathcona. When Smith came, of ago he inherited £IIO,OOO. He owned racehorses, a luxurious steam yacht, and gave large parties. His widowed mother, who had an income of £IO,OOO, died while Smith was serving in the trenches in France. lie lirst married Ruth "Wynne, daughter of a former Postmaster-General of the United States'. This marriage was dissolved, and Smith then married his present wife, a war,-time typistc whom he met in a lawyer's office.