George Joseph Smith - Trial and Legal Legacy

Trial and Legal Legacy

On 22 June, the trial began at the Old Bailey. The prosecuting Counsel were Archibald Bodkin (later Director of Public Prosecutions), Cecil Whiteley (later KC) and Travers Humphreys. Although he could only be tried for the murder of Bessie Williams in accordance with English law, the prosecution used the deaths of the other two to establish the pattern of Smith's crimes; this was allowed by Mr Justice Scrutton despite the protests of Smith's counsel, Sir Edward Marshall Hall. Smith decided not to give evidence in his own defence, indicating this to Marshall Hall in a handwritten note.(pictured)

It took the jury about 20 minutes on 1 July to find him guilty; he was then sentenced to death. Marshall Hall appealed on the grounds that the evidence of "system" has been improperly admitted but Lord Reading LCJ dismissed the appeal and Smith was hanged in Maidstone Prison by John Ellis.

The use of 'system'—comparing other crimes to the one a criminal is being tried for to prove guilt—set a precedent that was later used in other murder trials. For example, the doctor and suspected serial killer John Bodkin Adams was charged for the murder of Edith Alice Morrell, but the deaths of Gertrude Hullett and her husband Jack were used in the committal hearing to prove the existence of a pattern. This use of 'system' was later criticised by the trial judge when Adams was only tried on the Morrell charge.

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