| Summary |
"Dr. Thomas Smethurst convicted in 1859 of murdering his wife Isabella Bankes who died on May 3, 1859, allegedly by poisoning her. The primary evidence against Smethurst was a bottle found in his home that supposedly had arsenic in it. However, during the trial it was discovered that at the time of Smethurst's December 9, 1858 marriage to Isabella he was married to another woman, Mary Smethurst. Given the mores of the time, that information in the eyes of the jury would be expected to be very damning "bad" character and "bad" acts evidence. After Smethurst's August 1859 conviction and sentence of death by hanging, it was determined there was no arsenic in the bottle, his wife had been sickly prior to marrying Smethurst and likely died of natural causes, and Isabella knew at the time of the marriage that Smethurst was married to Mary. Smethurst was subsequently granted a free pardon by the Crown on November 14, 1859. Smethurst was prosecuted and convicted of bigamy and sentenced to prison for a year. Smethurst successfully pursued legal action to recover the money Isabella left to him in her will. After his release he resumed living with his wife Mary." |