The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1862-07-22 00:00:00

NATIONAL SCHOOL.

, ._-' .o let Innings. 2nd Innings.
J. N. Adasns, oC. Low, bH. Herbert 17 not out 26
F. Andrews, bB. Eaton
K JBT,WHerbert, bB. Eaton
F. Allen, c Herbert, bB. Eaton
J. Pareom4 not out
W. Randall, bH. Brown
8. Plomer, run out
8. letlckland, o Eatot4b Harbert
3. Turton, e Low, b Harbert ... 0 not out
E. Penney, run out
H. Ring, b 8. Eaton ft
Bye.
Wider a
. .

Byes ..

Total

62 Total

Towx ELEVZN.

B

Ist Inninge. 2nd Rulings.
0. Herbert, e Andrews, b Adams .. b Adams
3. Randall, e Joy, b Andrews
F. Blount, a Penney, b Adams e A dams
C. Low, run out
H. Brown, c Adams, b Andrews
S. Raton, b Adams
F. Lew, b Andrews
H. Upehall, run out
F. Raton, b Adams .
B. Valtile, °Penny, b Adams
W. Frampton, not out
Wide,
Vroig 7 io-

Total

adduced, and to overcome their feelings and sym-
pathies, so as to do justice between the Court and
prisoner at the bar. Ile then alluded in detail to
the evidence which he should bring before them. In
adverting to the little boy's evidence, he said the
learned judges generally questioned witnesses young
in years, as to the responsibility of an oath. In
this case he believed his lordship would, after due
examination, receive the little boy's evidence, but as
he, (the learned counsel) was not quite satisfied on
this point, he thought in justice to the prisoner,
that he should not in his opening speech further
revert to it. Much stress was laid upon the fact
that the prisoner had given three different reports
as to the finding of the parasol. They could only ,
give to such reports that weight which they de- '
mended. Prisoner's statement that he was at home
all day on Sunday until one o'clock, save that he had a
nap in the garden, were commented upon, as also
the prisoner's denial of the ownership of the shirt,
and presence of spots of blood on the waistcoat.
The prisoner's boots having been washed, and the
particles of mud alike to that in the ditch, were, the
!Sallied counsel remarked, found in the laceholes of
of prisoner's boots. The attention of the jury was
also called to the statement made by the prisoner
' to a police•ofllcer that it would be the last time he
would ever to take him into custody. He did not
attach much importance to the comparison of pri-
soner's boots with the footmarks near the scene of
the distressing event, because many persons had
been trampling about there, and they would take
the evidence for what it was worth. In conclusion
he said the case was one of a purely circumstantial
nature, and after they had put all the facts together,
they would say whether or not it established the
gnilt, or made out the innocence of the prisoner.
The first witness called was—
John Cottman, a builder of Fordingbridge, who
proved the accuracy of the plans produced. In cross-
examination by Mr. Bert, it was elicited that one of
the reference letters bad been wrongly placed. The
witness said that several of the fields mentioned on the
plan were rough and uncultivated land. Several other
questions were put by the learned owansel as to the
soil of the other fields marked on the plan, and the
distance to various points.
Helen Smith, who was dressed in deep black, said:
I am.a dairywoman, and live with Mr. Hall at Midgham
Farm, and was there on the 22nd June. Mr. and Bra.
Hall and his daughter were all the family. Miss Hall
was the daughter of Mr. Hall by his first wife.
Miss Hall was twenty-two in November last. I raw
her last about ten o'clonk on Sunday morning. 220 d
June, dressed for church: She wore a white bonnet
with flowers (green and white), on top, and a mantle. I
saw her leave,and knew where she was going. Witness did
not know that she had any books with her. Miss Hall
was in the habit of going to Fordingbridge Church,
where Divine Service commenced in the morning at
belt-past ten. on could wait from the farmhouse to
the church in about half-an hour. Miss Hall generally
took her Church Service and Hymn Book, which she
took sometimes in her hand and at others in her
pocket. Miss Hall went across Midgliam Moor, and had
to pass two stiles on the way. I never saw her alive
after she left that morning. I was passing through
Harding's field about ten minutes past twelve. There
was some cows there quietly feeding. I saw nothing in
the field to attract my attention. I arrived at home a
little before one. We dined about one on Sunday& I
started for church in the afternoon about two o'clock.
On my read, to church I met some one between John
Gilbert's and Mr. Coltman's, It was the prisoner, and
he was walking down the lane in the direction of
Lavers. I had seen him before. On getting to the
*bomb, she did not like to go in as the congregation
were in, and service was just commencing. When Mien
Hall was brought borne she had the same bonnet on, but
around her neck. She recognised • teasel as part of
the mantle of Miss Hall, and a green and white Bower
as that belonging to deceased's bonnet..

Cross-examined: Miss Hall was not a tall person. I
believe she had a parasol% her hand, but I did not see
her with one. (The Judge: You said before that she
had one.) There were some mauve flowers in the
bonnet. She had some cousins named Ford, who lived
near, but they did rot very often attend Fordingbridge
church, but sometimes they did. She had known Miss
Hall to go to her cousins on a Sunday. I saw the per-
sonamuning.ont of char& on Sunday morning. I did
r.ot notice Miss Hall come out, but I did not consider
it very singular.
The parasol was here produced, and recognised as that
belonging to the deceased.
Samuel Andrews. a little boy of 12, of Fordingbridge,
said: I go to Fordingbridge church, and generally used
to Bit with Miss Hall. She was not at church on Sunday
morning, 22nd June.
Caoss-examined : It was my father's pew. They
were not very high pews in the church.
George Morris, a farmer of Rockborne, was next
celled, and said : I live about six miles from Alidgham
Farm. On Sunday,22nd June,lattended Fonrlingbridge
Church. After church I went up Holine's-lane' and
saw the body of a young woman lying on her back,
mouth open, clothes disordered, and covered with
slime and mud. The clothes were wet. I had known
Miss Hall for years, bat I could not recognise her
then, as I was on the other side of the hedge. There
were several people around, and I went up to the body,
and they picked up a book whioh belonged to Miss Hall.
Themes Bevan Rake, being a Quaker, made the
usual affirmation, and said: I am a surgeon. I was
called in to see the body of Mies Hall, on 22nd June.
Her body was well formed, about an average size. I
saw her first when she was lying in the ditch. She was
lying diagonally on her back in the ditch. It was
half-past four when the policeman summoned me to
attend. The head was thrown back, the mouth open,
the eyes closed, the legs raised, bent at the knees, and
separated. Her clothes were very mush disordered.
There was no bonnet on her head. So covered was the
body with slime that the lividity of the face was not
apparent until the dirt had been removed. At that
time I thought death had been caused by strangulation.
On the following day I made it post-mortem examina-
tion, and found the brain enormously congested. I also
found a mound corresponding with the external mark
near the throat, and blood Infused. The organs of the
body were generally healthy. On opening the stomach
I found six or eight ounce' of dirty muddy water,
exactly like that in the ditch. A piece of duckweed
was found in the throat. I believe that death resulted
partly from immersion, and pertly from strangulation.
There was no proof of her person having been violated.
I should say the body had been dead about seven hour,.
There was a small bruise on the left skin, and a slight
excoriation of the mama membrane of the genital
organ. There were two or three scratches on the
temple.
John Turner, living at Fordingbridge, said: I knew
the prisoner. On Sonday about five weeks before the
murder they were out on Midghani Moor when I saw
Miss Hall Deming from Midgliain Farm. She was going
towards the church. The bells were going. As she was
coming towards me she went round the holly bushes,
and did not paw. She then went into the road. Pri-
soner said "There she goes; anyone could easily have
all the got and nobody know anything about it."
Afterwards he came to his house, about 9 o'clock on a
Sunday, abbot three , weeks prior to the 22nd Tune.
'They went for a walk together round the Allotment
Gardens. We had got as far as Levers, and then net
Miss Hall. It was about °Mirth time. As Miss Hall
gated, prisoner we and sat on the stile which Miss
wend
had just got over. Prisoner turned round and
looked after her,saying, "Miss Hall Is a nice young girl,
is she not?" I said " Yes, she is." He said he should
like to have COODOXiOII with her if he could get the
chance." I asked him why he would like to be with
her more than any other girl, and be said he dial not
know there was much difference in it, but a little more
fancy. On Saturday, 21st June, I saw the prisoner
when I was fillings water cart He asked me to go
for a walk on the Sunday, and I asked where Ice was
going? He arid somewhere for • stroll. I did not see
Mm on the Sunday morning.
Cross-examined : I arc a labourer, aged 17. I should
think prisoner's age is about 30.
Thomas Nicholan said : I recollect Sunday, 22nd
June, and on that morning I went to Midghain Mead
about nine o'clock, to change the waters. After
had done so I went up Lease Bridge, and then re-
turned through Harding's, I there raw the two cows
in a terrible state lookthg through the hedge. They
Made out as if there was something them. I did'nt
do up to see what they were looking at. It was not
pouible to have seen the body from any part of
Hardiug's Field. Of that lie was quite sure.
Cross-examined: My house is about • mile off from
Harding's Field.
Re-examined; There were no cows in ,Coombe
Field, which was long vase.
Robert Haskell, a labourer of Mudmoor, said: I have
known the prisoner for 20 years. I passed through
Holmes-lane on Sunday morning on my way to see
my daughter. I did not then notice anything. About
half-past ten, on getting over the first stile I observed
two or three men tracks, and one woman's track,
which was different to what I had seen there before.
The footsteps appeared to go off' into the water. I
went about three or four steps up the lane, and I
observed marks as if-some one had fallen back in the
hedge. I observed that the pees had been parted
down to the water. There were a few nettles there
brushed down as if by a person falling on them. It
had been done that morning, as it was all fresh. I did
not go any further, but came back and went up to the
stile. When there I saw a person coming, about 25
yards from me. 'That person was the prisoner. He
was corning towards me. I saw his features, and ion
sure it was the man, He had on a brown slop, • pair
of trousers wet up to his knee, and shoes unlaced. Pri-
soner was over in Harding's. He came up from an ash
tree and watched me along. I went ou and he re-
mained there. I saw some cows in Harding's field in
an uproar going towards the hedge.
Crou-examined : Harding's is about a mile and •
half from Fordingbridge. lat first thought the marks
in the grass had been done by children scrambling. I
bare before said that it was made by footsteps.
Re-examined: lii was about half-past ten when he
was at the stile, because the folk were going in church.
John Gooney mid: I am • shepherd, and had the care
of sheep on 22nd June. Had occasion to go up and
see his sheep in Amberland. He went up about a
quarter past 11. When I got into the field I saw
Gilbert in the ditch picking something from his clothes.
When I got within 18 paces of him, prisoner rubbed
his legs. On catching sight of me he picked up some-
thing and went off away from home. I was about
to speak to him when he went off. I went next
morning with the superintendent of polies to the ditch
and there I saw three wisps of grass twisted up, where
prisoner had been sitting. On getting out of the ditch
I observed that prisoner's trowsers looked dark from the
bottom to just above the knee. From what cause I
, could not state.

Cross-examined : The prisoner was picking his trousers
with his bars band.
_

By the Judge : Had known the prisoner before.
Caroline Philpott said: I am the wife of Cluules
Philpott, and live at Frog lane, Fordingbridge. On the
22nd June prisoner was lodging at my house. He got
up about eight o'clock. He breakfasted with me and
my husband. My husband after breakfast asked pri-
soner to get in a fagot, which be did. Be left our house
about half-past nine. lie had on a white coat and fus-
tain waistcoat, and dark trousers. He also had on •
white shirt. He put it on on the Tuesday prior to the
22adJune. The wrista of the shirt were not tore when I
gave it him on the Tuesday. I saw prisoner again at
dinner time. I had not seen him since he went out in
the morning. When be came bone my litge boy wP4

there. The boy was six years old last May, and he said
that be had seen uncle George. hanging something on
the hedge. The prisoner came in and my little boy
put his hands on his trousers andssad, "George, your
trousers are wet." Prisoner had dinner with us on the
Sunday. He again went away, and I did not see him
any more till half-past three. Before going out he
changed his shirt. He took off a white one, and left it
In his bedroom. I gave the shirt which he took off to
the police afterwards. It was rather wet and dirty when
I brought it down stairs to give to the policeman. I
was walking in the allotment field about ten
minutes walk from the house. It was about
about half-past 3. I saw prisoner coming. When I
asked Mtn, "Law! George, whatever have you got
into your hand ?" Prisoner said, "Is your brother at
home? "1 said,:yes." He said he had been and found
a woman dead, in a ditch, smothered in the mud. He
said he had found the parasol in the field, the cows
making a great noise. He said he found it between
liidgham and Harding. Prisoner meld be had found the
parasol against the rail, between Harding's field and
Coombe's lane. I told him he had better go to the
sergeant of the police if the woman was dead. She
saw stockings on the hedge. The stockings were
prisoner's, and they looked as if they had been washed
out. . .

Cross-examined: He was a aommon labourer, and
Lad worked tot Mr. .Jeffries, hay carrying. We have
two bedrooms in our house, and prisoner Adopt in one of
them. _ _ _

_
By the Judge: My little boy was six years old last
May. He could read, but not in the Bible. I cannot
say he knew his Catechism, as he had been in the
school but • little while. He had been at the infant
school three
_years.. _ .

_
His Lordship rnW Butt tbe child mould be examined.
The little boy, son of the last witness, was then
hoisted up to a prominent position, and examined by
his lordship. He said he knew where people went to
who told lies, and also that he had read on Sundays
in his father's Bible.

The juvenile was then sworn. He recollected the
day when Miss Hall was killed. He saw his uncle
George hang his stockings on the hedge, when his
mother was taking up the dinner. When prisoner
came in he said "Your trousers are wet, George." His
trousers were wet when he said this.

Fanny Farmer said: I reside at Frog-lane, next to
the Philpotts. I was at home on the morning of the
day Miss Hall was murdered. I was in and out of
the garden. I saw the prisoner in the afternoon before
four o'clock. I saw the prisoner come home to his
brother's, with a parasol in his hand like the one now
produced. I spoke to prisoner, and asked him how he
came by it? He said "I picked it up in Hardings."
It was open,fiying siva when he picked it up, and the
cows after it. He also toll me that be found a woman
in the Watery-lane smothered in water and mud.
Prisoner said she was dead when he found her, and there
were some books- alongside of her. He said be was out
in Hardings when lie first saw her. After the con-
versation prisoner went up to the sergeant of police.
His Lordship here intimated that the prisoner was
at liberty, notwithstanding the presence of his counsel,
to put any questions he thought proper. The prisoner,
in a sullen tone, said he had no questions to ask her.
John Marsh, a sawyer, said: On the afternoon 6f the
22nd June, he went to Midgham Moor side of the lane.
I and two or three more saw the body there. Some-
time afterwards I saw the primmer there' and he as-
sisted in removing the body. Prisoner said the cows
were ranting about near the hedge, and snapping and
blowing as if they had a calf there. We left the body
at the farm, and were afterwards examined by the
police. I again saw the prisoner, and he said the police
were going to take him into custody, and he would have
a pipe of tobacco over it.
Thomas Warner said : I am a labourer residing at
Fordingbridge. On Sunday afternoon, 22nd June, I went
with my brother and others to where Miss Hall was lying.
I approached from Midgliam side, and saw the body
within five yards. One book was lying on Miss Hall's
chest, and another about a yard on the left side of her
body; her pocket handkerchief was in the mud,
between the book and the body. Subsequently the
body was placed on • hurdle, and eonveyed to the farm,
when I perceived two or three spots of blood on the
collar of prisoner's waistcoat; one of them was about
the aim of a fourpenny piece, and quite bright; but
when he saw the vest after the prisoner was in custody.
on the Wednesday after the murder, the spots bad
been either scraped or rubbed out.
The waistcoat was produced, and the mark where the
blood was said to have been was quite perceptible.
The Judge said that the mark that remained was so
very indistinct that the jury would judge jilt was any.
thing at all.
By the Judge : The prisoner helped to carry the body
to the farm. There was blood in the.corner of one of
the eyes.
Mrs. Turner: I know the prisoner. At half-past four,
on the 22nd June, the prisoner told me he had found A
young woman dead on the moor, but lie did not know
who she was, but that she was a respectable girl. He
said he found a parasol' going through the field, and
picked it up, and then he saw the woman lying
dead and stiff in the ditch, who looked as it the hafl
been stifled. I said she could not have been stifled if
she was lying on her back; but he said, "No, she was
lying on her back, with • dark ring round her neck.
She bad a book in her right hand on her chest, and one
at her side." I saw • spot of blood ein his waistcoat
collar. It was bright and fresh, about the size of a
threepenny piece. The waistcoat produced is the same.
It was afterwards shown her, but the mark appeared
to have been attempted to be rubbed out.
Alfred Henning said: I reside at Fordingbridge. I
recollect the 22nd of June. I saw the prisoner going
towards the place where the body was found. It was
about three o'clock. I remained in Mr. Hatch's pas-
ture. I went to the place where the body was. Pri-
soner was not there then, but came up about twenty
minutes afterwards. He came up to me and asked me
who bad been moving the small book that was in the
mud? I knew Miss Hall before,butcodd not reeognise
her. She had gloves and boots on.

JlMlel Caiftol-1 said: lam BUrgeoll. I pnt on a pair
of waterboots end walked thrdugh the lane. 1 found a
tassel on one of the bushes over the water. There was
no evidence of any particular struggle, but from the ap-
pearance of the weeds it seemed as if something had
been dragged along.
Robert Simpson Ede, sergeant of police, was trailed
to prove that three wisps of gram, eovered with mud in
a ditch where there was neither water or mud, were
found. The place was near where the prisoner bad been
sitting.
Mr. Viney, a draper's assistant, of Fordingbridge,
produced a piece of cheneille, whioh he found near the
further stile.

James Jeffries, a sexton and farmer, said: I was in
company with the prisoner on Saturday evening, the
21st June. I noticed that his shirt was not tont then
and that there was buttons on the sleeves. I noticed
prisoner's shoes as lie sat down, as I had an opportunity
of seeing them. I went up to the place where the body
was found, and observed footmarks between the two
stiles. In my judgment the impression on the ground
was such as would be produced by the nails of prisoner's
boots. I have examined the shirt produced, and I ean
say that the shirt was not in the state I now see it, nor
was it of the same colour. I was not at the *nest. I
first gave information about a fortnight ago to • police-
man.

The shirt tsken from the prisoner wax here shewn to
the jury, _

P.C. Rodaway said lOn the 22nd of June, the
prisoner came to me about four in the afternoon. He
said he bad found the body of a young woman, lying
dead. He gave me the parasol at the time. It was
flying about (he said) in Pinhorn's Meadow. I hnme-
diately went for a medical man, and went to the body
myself. I did not know whose body. it was. I saw
some footmarks and spots of blood on the puss. The
blood Appeared fresh. I went up to Midghan. Farm
afterwards; prisoner was there, and I asked him where
he was on Sunday morning, and he said the:, he had
not been anywhere particular, but had laid down in the
garden, and had had a sleep. I noticed the prisoner's
trousers were wet about the knees. I saw a spot of
fresh blood on the collar of the waistcoat. I salted him
how it came there, and he said his nose had bled about
a fortnight ago. I asked hiin why his trousers were wet,
and he said he did not know. I asked him when he
changed his shirt, and he said before breakfast. I took
him into custody about sir o'clock the same evening,
saying to prisoner "11l take you in custody on
suspicion of having murdered Miss Hail."
He ian "I do not know anything about it. I found
the body in the lane." The blood was on the waist-
coat when he was taken into custody, but on the morn-
ing of the 25th it appeared to have been rubbed out.
I do not attach much importance to the marks of the
boote, as several people had been about there. The
shirt when I received it, was wet and muddy, and
smelled of water. I also produce the stockings, which
were wet when I received them. The boots were quite
wet, and between the tongue and outside there was
particles of sand, and the boots appeared to have been
washed, as well as the trousers. Prisoner voluntarily
made a statement to him on let July. He said "I
have been up for pretty nearly such a bad mess before,
but I do not care so long as they do not hang
me."

The cross-examination of Mr. Bere did not shake the
evidence of the policeman. Be was certain that the
words which fte NM prisoner Turlfd were correctly
given.

Superintendent Stannard said : On 22nd June I took
prisoner into custody. I told Lim, as it was s serious
charge, he must undress, so that the clothes might be
examined. After cautioning prisoner, he asked
"When did you change your shirt to-day." Prisoner
replied "This morning before breakfast. I was at my
brother's home all the morning, and never left home
until after dinner." I said to prisoner "Your trousers
are very wet." Prisoner replied "I did not know the
were." I said, "I understand you picked up s paraso
where did you pink it up?' " He said, about i
yards from the body. I could not see the body
when I picked it up." I identify the shirt and
stockings produoed. Both sleeves of the shirt were
wet and muddy, and the stockings quite damp. I
chewed prisoner the shirt, saying, as I held it up
"Is this your shirt?' Re replied "No, that is not
my shirt, I have only got the one I have on,
and the blue one I pulled off this morning."
Prisoner was then ask if he did not hang
his stockings on the hedge before dinner, and he replied
"No, I did not wear any stockings until after dinner."
Prisoner was then asked if he was not in • field in the
direction of the murder, belonging to Mr. Thompson in
the ditch. Prisoner said, "No, I never left my
brother's house all the morning." The trousers, boots,
and shoes smelt like Miss Hairs clothes, of mud and
dirt. On the next day I went to Amberlands with others,
and found in a dry ditch three tufts of grass. On the
Monday when the prisoner was being conveyed to
Fordingbridge, he said "Can I see Philpot my brother,"
I said, "1 don't know, what do you want to see him
for?' He said, "To prove what time I WAB home on
Sunday." I told prisoner they would be examined
before a magistrate, and then be would be able to get
that information there. Prisoner then said, '• Well
the only man 1 recollect seeing when I was there was
Gosney, and then I was in the ditch under the hedge."
At prisoner's request he sent for Gosney, when he
asked him what time he saw him down in the field on
Sunday. Gosney said "About quarter past 11 u
near as I can judge. Prisoner then asked Gosney to
come as a witness for him, but I do not think Gooney
heard what he said. Prisoner's boots, when examined,
were quite wet, and between the tongue and leather
was mud and duck weed. There was duck weed in the
ditch. On the 4th July, when conveying him to Win-
chester gaol In the train he said " Doyen think it will
be so bagiss touch r I told him I 414 pot how, sa4

that it made me quite ill 10 !think upon it. He said,
"So it does me." I theniaddi"j shall be glad when it"
Is over ;" and he said, "This ;WM be inst time ;oriel
take me."
During his examination tie whcile of tree
involved in the case were produced. '
The cross-exemination was to his being ea by
him and Mr. Kent, which it appears war
This was the ease for the prosecution.
Mr. Dere said he was there as the uninstructed
a notate of the prisoner. There was only his lordship's
summing up between the life and death of the prisoner.
All that could be done to get up the prosecution had
been done, and to-day it Was supported by the eloquence
of his learned friend. What • pictured day was that
22nd June! The deceased lady etarte4 on that -morning
full of hope and beauty from her father's house to j
repair to the House of God, there to ask forgivenny I
for peat sins, and strength to withstand temptations
for the future. Shortly after she Was brought
back a lifeless and disfigured corpse. bespattered with I
mud. He alluded to the feelings of revenge which '
were aroused throughout the country, on the intelli-
gence being circulated, but they must not allow them..
selves to beearried away by-their feelings, and swift, '1
the prisoner at the bar. They were told by his
learned friend on the other side, that circumstantial
evidence was generally more to be believed than more '
direct evidence. That might bean, but in consideration of
the heti, it Was their: &My to see whether any of Cie
links in that chain of circumstantial evidence were not
wanting. He alluded to the Vindictive manner in which
many of the witnesses had been brought up against the
prisoner, perhans for the credit of their native villege,
they wished to find a victim. The police, as they knew,
looked upon all men, whether honest or dishonest, as
undetected villains. He contended there was no esri-
donee to prove the time she was murdered. If hitednot
been satisfactorily proved that Alias Hall iad not been
to church or to her cousins, He could not
understand bow it was that the prosecution set
forth that the cows were disturbed at the
sight of the body, while men being in the game
position could not see it. He suggested that the man
seen by Heskell, with the black coat, might have been
some other man beside the prisoner, who wore a light
coat. If the presence of a person who was near the
body was to be the basis of the charge, then—but he
did not wish to insinuate anything—how was it that
Heakell'a was not open to suspicion, he having been
nearer than the priainer to the body until the alarm
was made. The prosecution, he believed, would have
produced a witness if it was possible to do so, that the
blood on the waistcoat was human blood, and that of the
unhappy young lady. But even supposing it was hen,
his assisting in removing the body was a sufficient clause
for its being there. To an unpractised eye it was
difficult to point out the stains of blood from that caused
by other liquids. And as the statement by the prose-
cution as to its being blood was not supported by medical
and scientific skill, he contended it shred have no
weight. The prosecution forsooth said be must have
been the murderer because when he found the
body he could not tell whose body it was, but did
not one of the witnesses for the prosecution admit
that he (the witness) was unable to do so? The
various statements made by prisoner and also the
appearance of the clothes might be consistent with
his having committed other crimes which he was
anxious to conceal from the getbite. ' He asked them
was not the prisoner's conduct as consistent with
innocence, as it was oompatable with guilt? Was a
man to be hung because a police officer came rind swore
that his wearing apparel were wet, and smelt of mud?
But if the little boy saw the prisoner's trousers
wet, there was no doubt he would have noticed any-
thing wrong with the blouse; and if the terrific
struggle took place—which doubtless did take place
—was it likely that the blouse would now present
that appearance which it did then on the back of
his unhappy client? He alluded to the discrepancy hi
the plan produced, and after reviewing and commenting
neon the other evidence, he said that in his opinion, the
supposition that the deed was committed under an
attempt to gratify his lust, was sufficiently answered by
the evidence of the surgeon, that her person had not
been violated. If, as the prosecution suggested, the
prisoner WRS the murderer, was it not madness for him
to give information to the police? Would he not have
ran away from justice? He urged the absence of
motive, and oonehided by thanking them for
their patient hearing and attention to his re-
marks, which he hoped would have due weight.
Even tupposing that prisoner was acquitted by them,
would he, if he was the murderer, go unpunished In
this world? No; hourly, and daily, would his victim
rise up to haunt and opium+ him. He beseeched them
to pause en they found Lim guilty, and emit hi u into
the rresence of his Maker to !thrower for acrimne which
he might have never committed, and for which his
Creator would not punish him if innorretite .
lis Lordship, in summing up, exhorted and implored
the jury to discharge all re:hours which they might
have heard in connection with the case, otherwise they
would not satisfactorily perform that duty which they
were sworn to do He animadverted upon the fact of
Stannard questioning the prisoner, and it rested with
them to eay that notwithstanding the slight irregularity
of his statement, was it not the true facts of the case.
It would be much better for police officers to caution
the prisoner, take his etetement, if he was anxious to
make one, and produce it afterwards when required. If
they thought all the facts had a natant connection
with each other, then they were entitled to their seri-
ous consideration. They would observe that the most
Imlordant point for them first to consider was, the hour
in which she waamurdered, and the condition of the body.
Then there was the state of the prisoner's shirt, stock-
ings, and trousers. Did not the condition of the body
carry out the theory of the prosecution that she vas
murdered after an attempt had been made to violate
her? If they believed the evidence of Turner, it was a
circumstance they could legitimately look at. They
would look at the evidence honestly,on one hand paying
no attention to what they might have heard elsewhere
than in that Court, and on the other hand returning a
justverdict, fearless of the consequences.; and he trusted
they would be guided to a right conclusion.
The jury retired at five =Antes to six, his lordship
remarking that if they requited assistance in their de-
liberations he would read over any portion, or the
whole of the evidence if they desired it.
After an absence of half an hour the jury returned
into Court, and returned a verdict of "Guilty!' At
this announcement some in the body of the hall ap-
plauded, which provoked a severe rebuke from his
Lordship, who directed the High Stieriff to take persons
into custody guilty of such nnseeming conduct. His
Lordship then assumed the bleak sap, and proceeded it,
sentence the prisoner, who heard it with the seine
indifference as manifested throughout.
His Lordship, who was much affected, addressed the
prisoner, and said: After a long and painful trial the.
jury have found you guilty of murder, one of great
magnitude, and it is a murder which will scarcely find
i a parallel n history. That unfortunate young lady who
was murdered by you while you were attempting to
violate her person, and upon whom you bad cast a
lustful eye, in protecting her honour she neriffeed
her life. He did not advert to this subjoin to awn-
rate his position, but in the desire he would forego all
hope of this world. You hurried her to her great
account, but the law will be more merciful to you, and
time will be given you for repentance. He then
passed sentence in the usual form, and the prisoner
was then removed. The trial laded Iron blue o'clock
in the morning till half-past six in the evening.