Star. — London, England, 1814-09-17 00:00:00

OLD lalLik. Yesterday the interest excited by the trials of the different persons charged with the commission of m, ) ,,+, rs was so grw, that long before eight o'clock in the morning the doors of the Court were crowded by oersons of respectability, both male and female, who remained with the utmost impatience till nine o'clock, when they were admitted, and took their places in a Court as numerously attended as we ever before observed. Among others on the Judicial Bench was his Royal Highness the Duke of Sussex. The first prisoner arraigned vreVassts Mitchell; he was dressed in a new suit of bilek, and appeared with great confidence at the Bar. He pleaded— Not Guilty. H. Honing:, Joan de Silva and Edward Medlin, also charged with having committed divers murers, were next arraigned, and respectively pleaded—Net Guilty. Several persons charged with minor offences were taext arraigned, after which the Jury was sworn. MURDER OF MISS WELCHMAN. Janet Mitchell was then put on his trial. The in dictment charged him with having wilfully murdered Miss Mary Ann Welchman, with a certain pistol, loaded with powder and ball, in the parish of St. Mary-la-bonne, on the 4th of August last. Mr. WALFOND having opened the case, Mr. GURNEY proceeded with his usual eloquence to state the circumstances of the atrocious act impu ted to the prisoner. The prisoner, he observed, had introduced hiftself to the deceased, a few months back, by shewing her some civility during a shower of rain in the street. He then represented himself to be the purser of a large ship in his Majesty's ser vice; and as his appearance did not afford around for a different contlusion, he was received in that light, and became a constant visitor to the deceased, to whom he paid his addresses in the most ardent Manner. The brother of the deceased, however, per ceived something in the conduct of the ,prisoner which led to an unfavourable impression, and on in. 'quirt', it was ascertained that he had in truth never held a higher rank in society than that of a gentle man's servant. This discovery, of course, gave rea son for objection to the farther obtrusion of the prise. ner ; 'but be persisted in his visits down to the evening of the 4th of August, on which the melancholy scene of which he was the author was exhibited. The Lear ned Counsel then proceeded to describe the minute circumstances which preceded the horrid deed, and remarked, that although he should not be able to prove that the prisoner actually fired the pistols which caused the death of the deceased, yet he should be able most clearly to establish his guilt by facts of a el:annum:dal nature , from which it must be inferred that he bad gone to the deceased with the diabolical deterinketion to deprive her of life, and that he had (tarried his atrocious iatention &to effect. The witnesses to support the charge were then { called : Miss Mary Macey deposed, that on the 4th of Au- 1 pst last she lived at No. 27, Mount-street, Groove. nor-square; was a dress-maker; knew the deceased 'Miss Welchman; she had been in her employment about three years; the prisoner came to her house on the cretin gibe 4th of August; be bad been there freqtreneWbefove ; he wet by the same of Smith. He came a little before eight in the evening, and was sheen: into the work-room, which communicated with the front-room. The house in which the wit ness lodged belonged to Mr. Watkins. At the time the prisoner went into the work-room, witness, Miss Welchman (the deceased), Miss Maynard, Mary Sis son, and Miss Kew were present; on coming in, the prisoner sat down very quietly. The deceased ac cused him of having taken a pair of her scissars, upon which he became very impertinent. They all then left the room, except the deceased, and went into the front room. While in the front room, wit ness heat d the prisoner invite the deceased out to supper; she would not.go; he then wished her to send out for salmon, that they might have supper at home; she would not; did not hear any thing else. When dine work, witness went again into the room„ where the deceased and prisoner were ; she desired the prisoner to go ; he said he would not go till Miss' Welchman bad given him a letter which she had of him. Miss Welchman said she had destroyed it. 'Witness then left them together, and with the other young women went down to supper. The deceased and the prisoner were alone. When she left the front room, both windows were shut, and the shutters were boltid. They went down to supper in the kitchen. In about five minutes the deccabM came down to tl.:on, aid ~aid she must return to the prisoner, and that she believed she should soon get him out. In five minute: more was alarmed by the screams of the deceased. Heard the reports of two pistols ; ran up stairs, but not further than the parlour, where she stopped. Did not see the prisoner any more that :f he street-door was shut ;" she did not hear n opea. Cron-examined Ly Mr. KNAPP. . .174 Prisouer might have opened the street-door, and gene cut after the report of the pistols, without witness's seeing him. There were other persons lodg ing in the house beside herself. They were all at home at the time the pistols were discharged ; that ?ea: beepeen eleven and twelve o'clock ; saw the win dows in the front room fastened. Robert Watkins kept the house in which Miss Ma tey lodged. On the evening of the 4th of August he went to b'.d about four o'clock; slept in a room in the yard, behind the house. At a little before I twelve was called by his housekeeper. While dress ing heard a scream in the first floor; this was follow -4.1 by the repo. t of a pistol, and this again by the report of a second pistol. Rao up stairs as quick as he could; when he got up stairs saw the deceased lying on the floor, part of her body in the room, and part without the door ; she was bhteding from the )lead, and appeared to be dead ; went into the room, out saw no person there; the window over the street door was open ; there was a lead over the door oa which a person might have got, and from thence it the street. Saw a pistol lyeig in the front room, asst' another in the back-room; did not examine them— SAW a hat in the room in about a quarter of an hour afterwards. A sergeon was sent for. Thomas Moon, constable Of St. George's, Hanover • • square, on being alarmed, went to the house of Mr. Watkins. On going up stairs, saw Miss Welshman supported ire it chair, with two wounds in her head; in a quarter o f an b oot afterwards saw two pistols and a lot picked up.a hat end pistol in Ofill Odom, and the second pistol In the hick room— ( produced the hat and pistols). The pistols were examined in his presence, and appeared to have been recently dis charged. Miss Macey, en being again examined, said the prisoner was dressed in a dark, she thought black, coat on the night in question, and wore light breeches and gaiters. William Collinson keeps a public-house next door to Mr. Watkins's. On the night of the murder, a little before twelve, heard a scream in Mr. Was kin'es house; got up and looked out of his window; saw a man laying on the pavement, opposite Mr. Watkins's house. The man got up directly and ran away. He had no hat on. Could not say the prisoner was that man. William Kingston was in Mount-street on the night of the 4th August, a little before twelve o'clock, saw a man run bybim, between Mr. Watkins's house and Charles -street, without a hat. Mr. Russell, a surgeon residing in Mount-street, was sent for to see the deceased. When he went he found her just expiring. per death was occasioned by two pistol wounds, one on the right temple, and the other on the side of the head. He saw two pis tols which were in the room, examined them, and perceived that they were discharged. Mrs. Anne Stennett deposed, that after the confu sion was over, she found a pistol bullet lying ceche ground, where Miss Welchman's head had lain.— Gave it to Mr. Watkins. Thomas Chapman, a hatter in Bond-street, knew the prisoner when be was servant to Mr. Crawford, in Old Burlington-street. In the eirly part of June bought a hat of witness. At that time the prisoner told him he was going to be married to a young lady in Mount-street. The hat produced had been bought in his shop by the - prisoner. John Pickea, a soldier in the 3d Foot Guards, knew the prisoner very well ; he borrowed of him a hat on the evening of the sth of August, about a quarter before ten. Thomas Foy, an Officer of Police, searched the prisoner's lodgings, 16, Grosvenor-mews ; —found cases for a pair of pistols, a mould for castlug bul lets, four balls, and a key, all of which fitted the pistols produced. Mr. Edward Bracker, a farmer at Sutton, near Salisbury, formerly knew the prisoner : he was in his service. In the beginning of August last saw him near Salisbury. From the description he saw in the papers, he suspected him, and caused him to be taken up. Here the evidence for the prosecution closed. Mr. JustiCe HEATH then asked the prisoner whether he wished to say any thing in his defence ?—He an swered, that he never harboured an intention of mur dering Miss Welchman. The hat produced was not his; he never had a pair of pistols in his possession since he returned from Spain : he never called upon Miss Welchman w send out for salmon, as the wit nesses well knew—he went down stairs and out of the street door, a little before 11 o'clock, to the best of his recollection.—This was all he wished to say. Mr. Justice HEATH then proceeded to address the Jury, and observed, that as in such crimes as that imputed to the prisoner,' it was not likely witnesses would be present, it could not be expected that testi mony to the actual commission of the murder by the hand of the prisoner should be produced. It was'for the Jury to say, however, whether the evidence ad duced was not of a nature equally decisive ? His Lordship thcnread the evidence, and the Jury, without a moment's hesitation, pronounced a verdict of—Guilty. The Prisoner, on hearing the verdict, maintained the same steadiness of countenance which had charac terized his appearance throughout the trial. On being asked what he had to say, why judgment of death should not be passed upon him he bowed, but did not utter a word. The RECORDER then proceeded to pass the awful sentence of the law, in doing which, he commented upon the peculiar atrocity of the crime of the Pri soner. The Prisoner was ordered to be executed on Monday next. The Prisoner did not change a muscle during the solemn address, and quittefi the Bar with perfect non chalance. MURDER OF ELIZABETH PILCHIN. William Henry Hollings was next put to the bar, on an indictment charging him with the wilful murder of Elizabeth Pile*, in the parish of St. George, Hanover-square. The Prisoner is an aged man, and appeared with a placid smile on his countenance. Mr. Cartwright, of 62, Lower Grosvenor-street, Grosvenor square, deposed that the deceased was ser vant with his father. About ten o'clock on the even ing of the 4th of July, he heard the report of a pistol. Ran down stairs, and saw the deceased lying on the floor of the passage, supported by the man servant, and a man standing near with a pistol in his hand. Went to him, and took the pistol from him. The watchman came in, and he gave him is charge. The deceased was not dead when he ran down. She was carried into the parlour. William Martin, was servant to Mr. Cartwright. On the 4th of July last, the prisoner came to his mas ter's house about.a quarter before ten. lie asked for the deceased. Witness called her down stairs. Be lieved the prisoner had been an exciseman. The de ceased went to the door to the prisoner. The door was pulled to, but not shut—they appeared to be talking together for about a minute. He went into the parlour—did not hear any thing that passed— almost immediately heard the report of a pistol, and then heard the deceased scream : ran into the passage immediately, and caught the deceased in his arms as she was falling: under her right arm saw a black bloody mark, as if of gunpowder. She spoke, but not intelligibly. She was followed up the passage by the prisoner—he said, 44 Let me kiss her."—(Hue the piroger aNteared extremely of and shed tear: pro fludy.) Several persons now catty in ; saw her clothes torn down, and saw a wound at her side ; she was laid on a chair in the parlour; assisted in taking her up stairs; she died on the Sunday following; the prisoner was secured, he made no resistance. Crass-examined.—Saw a glass, broken, lying on the steps ; it appeared to have had a white liquor in it, something like arsenic and water. Samuel Lob, a watchman in Hanover4qoare, was in Lower Grosvenor-street, on the night in question; beard a report of firearms aad crossed over to Mr. tartierightis holies ; the door eras half Op& sate I man btaading la the isage : the prisoner was that mans be had a 'pistol in his right hand : Mr. Cart wright gave the prisoner in charge: laid hold ofhim the pnsoaer said, " Don't seise me, I sheet runaway." Witness said, 14 You have killed Ole young woman." 4 4 Ham, P" said he, " the dZI P"..`61 1 believe you bare," said witness.—" Them," said he " let me him her cold lip, mad fly to her to Heave'!" Cross-exordia by Mr. GURNEY. Took the prisoner to the watch-house ; did not see him throw up any poison, or see the glass alluded to by the last witness. William Dean, constable of the night at the watch house, received the prisoner into his custody on the night of die murder ; after the prisoner had arrived he drank a great deal of water—he vomited very much. The pistol which was fired off had burst.— Another pistol was found in the prisoner's pocket ; the pistol was loaded with shot. Mr. Heaviside, the Surgeon, attended the deceas a.—Th6 wound she had received in the side was the occasion of her death ; on opening her body he found nearly two hundred small shut in the liver, and nearly two hundred beside in the bowels. Tb; size of the shot was No. 2. _ _ This was the whole of the evidence for the pro secution. ' Mr. Baron Gamut' then called on the Prisoner fbr his defence. He said he had as sincere a regard for the deceas ed as he had for hit own child, and would have done 'for her as if she had been his own flesh and blood.— As to discharging the unfortunate pistol, he knew no mote of it than his Lordship. He never had auy in tention of injuring her. Richard Stone proved that the prisoner had lodg ed with him about nine months ; from his conduct he did not believe him to be in a sane state of mind ; very frequently in the morning he found that the prisoner had done something improper in the room ; he sometimes heard him singing in the night, and in the morning he seemed very wild, and at times seem ed low and melancholy ; thought him deranged for nearly six weeks before the murder ; the prisoner ap peared to be more deranged on the night before the murder, than on any former occasion. ' Emma Mascn, the daughter of a publican in the neighboprhood of the prisoner's lodgings, deposed, that the prisoner used to take his breakfast at her father's house ; she observed something in his de portment, which led her to believe that he was de ranged; he was at times melancholy, and talked rather incoherently ; was afraid to stay in the room with him. She believed, from his general demeanour, that he was quite deranged. James Cohen, a calico-printer in 'the Kent.road, knew the prisoner previous to tie last three years ; be lived near him at that time, and he made such a noise with his screams as to alarm the whole neigh bourhood. He had seen him in a public-house, called the Cottage of Content. He was behaving in a very incoherent manner; be was not quite sober at the time. Robert Cooper lived near the prisoner seven years previous to the last twelve months ; observed a great deal of derangement in the conduct of the prisoner; was called in one evening by the prisoner's daughter, *ant tip stairs and found ham on the bid, with his clothes on ; helms attempting to bite the shwas ; asked him the *awn, and he said it was in conse quence of Betsy Pilchen (meaning the deceased) ; this was about eighteen months back ; he was consi dered by all t ,ateighbours to be deranged; he talked one even; di throwing himself over London bridge; lie was very humane good kind of man ; the prisoner had formerly been a Collector in the Collectors' Office, in the Excise; he had left that situation about three months back. Mrs. Bennett, who lived near the prisoner, said, she saw such appearances in his conduct, as led her to believe him insane. He made love to her about three years and a half ago; she was then a married woman, and the mother of six children; within six weeks before the murder happened, uderstood that the prisoner had taken out of his pocket poison three times. This was the whole of the evidence for the defence. Mr. Baron GRAHAM then summed up the evidence, and recapitulated all the circumstances of the case. He said, it was for the Jury to say, whether, from the evidence which had been adduced, they could conclude that the conduct of the prisoner was of such a nature as to warrant a suspicion of his being in a state of insanity at the time of the commission of the murder imputed to him ? From the clearnen of his answers, and the conversation which was held with him at the time of his apprehension, it would appear that he was perfectly collected, and conscious of the act which he had done. It was impossible, too, not to notice the fact, that after the prisoner found himself in the bands of justice, he endeavoured to relieve him self from the poison which he had previously taken.— The main point which the Jury had to decide, how ever, was, whether at the time the prisoner's conduct rsysis marked with such atrocity, he was incapable of judging between right and wrong f This was in his ' estimation the criterion by which insanity was to be decided. The manner in which the prisoner had behaved himself at the moment, was the best test by which it was to be tried , and it was for the Jury to take all the features of the case into their consideration, and return such a verdict as their own consciences should, alter mature and dispas l sionate deliberation, dictate. His Lordship also adverted to the feelings by which some persons were actuated, when unable to obtain possession of the object on which their passion might be fixed, and the lengths to which such a disappointment might lead them, and remarked, that it was somewhat singular no proof had been adduced of the prisoner's having been discharged from the service of the Excise, in which he had remained for so many years, and in which such scrupulous exactness was required in the execution of his duty, in consequence of insanity. One of the Jurymen now begged to ask Mr. Cart wright's footman a question. The witness was im mediately called, and was asked whether on the night of the murder, when the prisoner had come to the door, and asked for the deceased, or,at any other , other time, at Mr. Caravright's ir , Juse, he had exhi bited any appearances of insanity ? The witness an swered, " Not in the least." The Jury then proceeded to consider their verdict, and, after a shoretime returned a verdict of Guilty. The Prisoner was Alien asked is the usual maim!, what he had to t*, Nhy judgi , en — i of death sh9nlci not be passed upon him ? He answere4, that if he was found gtiilty, he felt &rfecily conscious of t::e justice of his sentence. H ad only tr: rest on the Mercy of the Court. He admitted that he bad Coin mitted the Elime imputed to him—he knew it was a horrid and inexcusable offence, and had only to hope that all would take warning by his fate. If executed, he sould die Content and happy, and. with a perfect consciousness of pardon hereafter. The ItnisanEn then passed sentence, and the pri• toner was ordered to be executed on Monday next.— Me bowed at the conclusion of the address, and said, " Thank Gon." During the whole of the trial, the prisoner only .seemed affected when the name of the deceased was mentioned. MURDER OF THOMAS DAVIS. Joan De Silva (a Po. tuguese) was the third priso. ner put to the bar to take his trial, on a charge of having murdered one Thomas Davis, a waterman, cm the 12th of Dec. 1812. In a second Connt he was charged with aiding and assisting one +lonia Cardoso in the commission of the said murder. The prisoner smiled and seemed to treat the charge against him with the utmost indifference. Mr. Cowan( stated the case for the prosecution: The facu which he detailed were shortly these : The deceased and his brother, who were watermen, on the evening of the murder were walking up Nightingale lane, and had a dispute with some women of the sown. One of the girls ran into a neighbouring public house, and called out -4g Cardoza 1" Cardosa, the priso. ner, and two other men came out ; on coming out the girls pointed out the deceased, and said—" that is he, kill him dead." The prisoner drew a knife, and made a stab at the brother of the deceased, and afterwards ran to the assistance of Cardoza, who !hid stabbed the deceased, in consequence of which death ensued. Shortly afterwards the prisoner went into the public house from whence he came, and delivered to the landlord a knife. A Gentleman who followed him, and perceived this act, said, " You are the man who stabbed the young man." The landlord said— " Can you prove it, Sir ?" and upon answering in the negative, the prisoner, with his comrades, were suffered to escape, with the exception of Cardoza, who was secured, tried, and had been executed. The disco. viry cf the prisoner was owing to one of those inter positiotft of PROVIDINCI4 which fully proved the truth . of the maxim, that a murderer could never escape the punishment his crime deserved. The brother of the deceased, it appeared, fulfill of the vengeance of the countrymen of Cardoza, to whose death he had been so instrumental, thqught it wise to quit his ordinary profession of a waterman, and to sh,p hinisell as sailor on board an East Indiaman. H- went with the ship to China, and while there went on board toe Sir Charles Grant: he there saw the prisoner, whom tie immediately recognised as having taken part in the murder of his brother. The prisoner saw him it the 'same time, and covering his face with a handkerchief, went away. The young man, however, f. w. d h im, and asked whether his name was not De Silva ? was answered in the affirmative. In a week . wards he saw him in oae of the ports of the yeast, and said " you are the man who killed my broth. r." The prisoner said, " t wish I had kilted >ou 4144" The prisoner was confined in a week aiterwar&, and, sent home to England ; and he now stood at the bar of a British tribunal to receive that punishment his crime so justly merited. The Learned Counsel then called evidence to prove the fact. The prisoner put in a written paper in his defence; it was written in Portuguese, and translated into Erg• lish by an interpreter. In it be most positively pro tested his innocence, and stated that he had been se veral times in London subsequent to the murder. Witnesses were called who proved this latter asser tion. ' Mr. Justice DAMPIER, in summing up the evidence s remarked, that he did not think such tesom. ny had been adduced as would lead to a fair conclusion that the prisoner was either a principal or an accessary to the murder which had been committed. The Jury were clearly of opinion that the evidence did not warrant them in finding the prisoner guilty of • the murder. The Learned Judge then summed up the evidence, in order that the Jury might term their opinion as to whether the prisoner was guilty of m inslaughter He remarked that, it they were of opinion Ow the pri soner had gone out of the public-house a Ith the vie .v of joining an some illegal act, death having ensued, then he was guilty of manslaughter; it they were of opinion that he had merely gone out to protect the girls, who had called for Cardoaa's assistance, then be was not guilty. 'The Jury pronounced the prisoner—Not Gulty. MURDER OF MARGARET "JEWETT. Edward Medgett was next tried on an indictment charging him with the wilful murder of Margaret, his wife, in the parish of St. George's, kianuver• square, on the Bth of June last. Elizabeth Sanderson knew the deceased ; the pri soner was her husband. Was at the house in ‘• n•ch the deceased lived on the night of the Bth of J site. SO was very much intoxicated—assisted her thy stairs—was in the house when the prismer came home. Did not hear any high words. The pris , qter came down stairs, and asked wi to go up. She went up and found the deceaseoThildressed, very un well. The prisoner asked witness if anything ci Ind be done for her ? Witness told him to go for a doctor, He immediatcly went. The deceased was atterwards Liken to the Hospital, where she died. Mr. Bailey, a surgeon, proved that the decea.e.l was brought to the lit.spetal on the 16th of .I.ine. lie had some conversation with the prisoi.er, who Aated, that on the morning of the Bth, his wife was I . ; oing with a party, and wanted him to go w itli her. He refused, however, as he had had some quarrel with the party. His wife, however, went, and c Ante lii.n,e tistoxicated. The prisoner said he timid M.t g.t her to bed, and an altercation aro.e, which induced him to kick her. The result of the kick Was, that some bloo , l flowed, and the Jece.ie.i .ifteroards died. fne prisoner chewed every humane attention to his wile. From the other testimony adduced, it appeared, that the deceased had been afflicted with an extraor dinary swelling in one of Ler veins, end that a slight blow might have produced the cif. cts whet' had ue. curred.—The iier was in consequence only Woad Gut) , of Manslaughter. k