His unhappiness was said to have caught Queen Anne's attention one day in her chamber at
Winchester, when she sent for him to play the
virginals. As Anne later confessed, "[On] Saturday before May Day… I found him standing in the round window in my chamber of presence. And I asked him why he was so sad, and he answered and said it was no matter." Smeaton's reply was non-committal. Anne replied, "You may not look to have me speak to you as I should do to a nobleman, because you are an inferior person." Knowing the truth of her words, Smeaton miserably replied, "No, no, Madam. A look sufficeth, thus fare you well." Fatefully, this conversation with the Queen was quickly reported to
Thomas Cromwell, one of the King's advisors, who was looking for evidence of Anne committing treason and adultery. It is generally accepted that Anne was accused of adultery to free her husband,
Henry VIII, to marry a new wife,
Jane Seymour, whom he married less than two weeks after Anne's execution. On Cromwell's orders, Smeaton was arrested on 30 April 1536. Cromwell took Smeaton to his house in
Stepney and, according to the
Spanish Chronicle, is said to have tortured him with a knotted cord around his eyes. Anne is not thought to have noticed his disappearance nor had she been informed of his arrest. At 6 pm on 1 May, Smeaton was sent to the Tower of London. Before his arrest, Smeaton was known to spend lavishly on horses and
liveries. This was seen as suspicious, as Smeaton earned only £100 a year; the implication being that he had received money from the Queen in exchange for "services" as her lover. While at the Tower, Smeaton confessed to being the Queen's lover. The confession did not align with the facts: Smeaton stated he was with the Queen on 13 May 1535 at
Greenwich. However, it is recorded that she was not at Greenwich on that date but at
Richmond. It is believed that when being pressured to confess, Smeaton also supplied the names of members of the Queen's circle and all were subsequently arrested. Those arrested for alleged adultery with Anne as a result of Smeaton's confession were
Sir Francis Weston,
Henry Norris,
William Brereton, and her brother,
George Boleyn, Viscount Rochford. All but Smeaton maintained their innocence, but none of them were tortured as Smeaton was. Out of all those arrested for adultery, Smeaton's arrest caused the greatest scandal, because those who knew of the charges were shocked that the Queen would have an affair with a person of such low degree. A slightly different version of the events surrounding Smeaton's guilty plea is told by the nineteenth century English historical writer and poet,
Agnes Strickland. Strickland maintained that Smeaton was lured into signing the incriminating
deposition by the subtlety of Sir
William Fitzwilliam, 1st Earl of Southampton. As Fitzwilliam tried to make Smeaton feel dishonourable enough to confess, he noticed Smeaton's terror and said, "Subscribe, Mark, and you will see what will come of it". Whether Smeaton was tortured or coaxed into guilt, "it was generally said that he had his life promised him, but it was not fit to let him live to tell tales." ==Trial and execution==