The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1860-11-27 00:00:00

THE MUNDEE IN THE COUNTY OF DURHAM.

Great excitement has prevailed in this large manu-
facturing village and the adjoining village of Maples
since it has become known that Thomas Smith, the
alleged murderer of John Raty, on the sth inst., is in
custody. He was brought across yesterday from Port
Mulgrave, in the North Riding of 'Yorkshire, where he
was captured on Sunday, and was lodged in the Durham
County Policeoffice at Gateshead. To-day he was
brought by a strong posse of policemen in a cab to the
inquest room here. The prisoner is an extremely un-
preposseming-looking person. His features appear to
have been knocked out of all shape in numerous pitched
battles, and his face is much marked, either from the
effects of an explosion of gunpowder or • blast in •
mine. As be sat handcuffed in the inquest-room all
.lay, apparently half-dead with exhaustion and terror,
he looked like • person who had attempted to flee from
the horrors of his own consmenee ; and the fact that he
wore the murdered miun's boots, and trousers and cap,
appears to have increased his terror in his wanderings
since the morning of the murder. They have been
through the most solitary places in the North el
England, over lonely moors, and among lofty hills. As
the evidence below will show, though he made his way
UM miles froni the scene of the murder, by the route he
took, unknown to himself, he walked direct to the bows
of the only person, probably, in the county of York
who was acquainted with his person and knew his
name—the man Joseph Irvin, who worked with him 20
years ago at Milkridge, near Haltwhistle, close upon
the old Roman road in Northumberland. Smith is
well-known poacher, and a most daring and reckless
character. He was known as a sailor as well as •
miner, but whether he was not something more, from
the fact that the only property he possessed in the
world was a deadly bludgeon, a "Morgan rattler," is •
matter upon which there can be but very little differ-
ence of opinion. The inquest-room was crowded to-day,
several county magistrates and other influential resi-
dents in the distnct being present. A multitude at
people were also gathered outside.
_ . .

. - .
SOILInt evidence was taken by the Coroner of • !state-
ment made by the young lad Armstrong with regard to
the account Smith gave him of the robbery and death of
Baty before he (Smith) Bed from the neighbourhood.
Armstrong had given exactly the same account of the
ounverastion he had with Smith to William Douglas,
the master of • steamboat, u he narrated to the Court
yesterday. _

William Johnson, • gamekeeper, and formerly an
officer in the Yorkshire Constabulary, the person who
had apprehended Thomas Smith, was examined. He
got information from Superintendent Squires,
and read in the newspapers, that • man mu wanted for
a murder at Winlaton. I saw a man at Port Mu'grave,
on Sunday, whom I suspected to be Smith, the man
wanted, as his appearance corresponded with the des-
cription in the police notice. I watched bins, and
ascertained that he had some to work at the iron mines,
and lodged with Joseph Irvin. I went to Iririn's IMMO
on the Sunday, and inquired for Smith. Irvin said that
he had gone to bed. He milled him down stairs. He
shouted "Tom." The man came down and sat beside
me. I commenced spooking about the murder at Win-
laton, and I explained the law to Smith—that any one
could apprehend him. I told him that there was a war-
rant out against him. He said that he would go with
Irvin and me anywhere. I said to Smith, "I believe
that the man who was killed was stripped ;" and. touch-
ing Sulith's coat, I asked "la that his coat?" He said,
" No, but the trousers and shoes were his." He said,
" I may as well deliver myself up and go quietly at once,
only use me well." We then took him to my cottage,
and he stayed there all night, and I brought him next
morning by conveyance to Itedcar, and thence by rail
to Gateshead, where I delivered him up to Inspector
Rogers. Smith said no one was with him when he did
it—he did it himself. He said he did not intend to kill
the man; he " creashuttocked " him and left him.
Neither did he know that it was done until next morn-
ing, when the people with whom lie stayed called him
out of bed and told him that a man WU found dead.
The trousers and shoes produced are those he (Smith)
wore when I took him into custody.
Joseph Irvin, an iron-stone miner, residing at Pmt
Slulgrave, said,—Smith came to my house on the 15th
of November. My wife saw that he was in a miserable
condition, and took him in and made him ionic tea.
He came at night. I did not see him that night. Next
morning I looked at him and thought I knew him. and
I sail, "Tom, is that thou ?" He said, "Does thee
know me?" I said. "Yes, we worked together 20 years
ago at Milkridge colliery, near Haltwhistle." I knew
him as Thomas Smith. He said that he had called
himself Thomas Harrison to the masters at the works at
Port Mulgrave, and I had to call him that. He and I
walked into the fields that morning, and he told me
that h« had bad • " row" over a poaching affair, and he
had run away. I afterwards went to Johnson's, and he
told me that there was a num about that be thought had
been concerned in the Winlaton job. He gave me the
description, and I said I had got the man then in my
hod. Johnson me to go and look at him again, and
I did so several times, and consulted with Johnson.
On the Sunday afternoon I asked Smith, as he was
'Ming over the fire, " Tom, hut thou had anything to
do with the Williston job?" and he said "Yes."
I directly sent my wife to fetch Johneon.
He came, and salted Smith if _ those were
. _ .

---
Baty's clothes that he had on. Smith replied
that the coat and waistcoat were not, but that
the trousers and boots belonged to Baty. We told
Smith that we should have to take him to Mr. Squire.,
at Gateshead, end he said that he would go. I naked
Smith if there was any one besides himself with Baty.
lie said no; he inocked him down, but not with the
intention to kill him. I asked bow he got Baty's boots
and trousers ar him. He Dever spoke for two or three
minutes, when he said that Baty pulled his trousers off
to fight. Smith said on the road if he had only had
money he could have dyed 1114 hair and altered the
marks on his face, and would have got away. He also
'aid that he wished he had had a pair of fresh 'rouser*
..n I boots. Smith talked about a " Morgan rattler.*
lie said he got no money from Baty.
The trousers and boots taken away from the prisoner'.
person after lie was brought in custody in Gateshead
were produced, and a tailor, two shoemakers. and some
other perimns distinctly. swore that they were Etaty's,
mil were worn by him on the night before he was
found dead and stripped of them. The whole of the
..vidente taken during the inquest was read over to the
witneasea in the presence of Smith, at the conclusion of
. . . . .

which Smith was asked if he had anything to say, and
lie replied that he would reserve what he had to say for
•• my Lord."
The Coeoner summed up the evidence, and the jury,
without any hesitation, returned a verdict of 'Wilful
Murder" against Smith.
Smith, who appears to be ball-dead, was subs,-
ioently removed in the custody of the police to Gates.
used.

A FATAI. EiCitansi.—A man named Rigg, who worked
At the Elterwater Powder Works, in Westmoreland, get
the middle finger of his right hand scratched whilst
Assisting to lift a stone into a wagon on the 6th instant.
He only looked upon the scratch as a trifling affair, and
worked on the following day without experiencing any
,nconvenierice. At night, however, his finger began to
feel uneasy, and he bad it bathed with warm water.
From this time it began to grow worse and worse, the
inflammation or mortification running up into his bead
Ind body, bringing on mental derangement. Medical
skill was without avail, and the poor man expired on
Monday week, in • state dreadful to look upon. Ha we.
listy six Jeanie' age.

lIANICLaa' CHINCIES.—Tho question raised some timo
back as to the respmailaility of bankers in paying
-beques drawn to order on the signature of • Pit",
oretetnling to bold a procuration is likely to remain
,ithout a definitive settlement. The facts which
ni‘Lced public attention to the matter were as follows:
An action was brought againvt the Bank of England
recover the amount of a cheque drawn payable to

r.ler, awl
u by
rocuratiuD from
a.
nied. The
aa
he
Pit, ccctioii of
dliel.l, without atiepnot
stemi to cheque"igttpliwnn al; delbnia:feehig:4;:lbctwo7lehttn:eo'hluni.:::c.nt
,rnajnYtdt:lmihioi:mbc t or t procurationjeerredrar:iiiiyyea. bwr
eeLitiyco-frn,p:i g
Agri:
bdi.ra
at
it.' Lon.lon
tin
to
• stended aa well u to cases of endorsement by proem
rstion as those purporting to be by the payee in person,
the object of this proceeding being to obtain a deciaion
the full Court upon the tmeation of law in the cur-
rent term. It appears, however, that the plaintiff has
•lecided not to carry the case further, and that the law
ioust therefore remain in its present unsatisfactory
••tate. At the value time it may be remarked that few
•enons can doubt that the immunity to the bankers
onferred by the Act was intended to be complete.
Ile clause which, in contradiction to the entire spirit
if the atatute law of the kingdom, exempts bankers
From a liability to which all the rest of the community
ire bound to conform, furnishes the wont 0111113341 to
petty class legislation witnessed in recant times, but to
104 as it is permitted to remain it Min be advisable ter
the public to regard it in all it. stringing.