The Daily Times.
Liverpool, Merseyside, England, 1860-10-17 00:00:00

DIE 61A411..* O M'WsiAbG HTER
AGAINeT ME. EVAN THOMAS.

•
At the Birkenhead Police Court, yesterdc.?,lo. Clarke
Aspinall applied that bail might be taken for the appchi-
ance of Mr. Thomas. He (Mr. Aspinall), said he had a
letter, fikyri the Mayor of 'Chester, and also from the clerk
of Ali. kartdo,Momef bath of whom were quite willing
to be bail for AV,' Thomits: As, however, they would
prefer some one well knoirnd in thg,neighbourttood, he
proposed Mr. Owen Williams, of the Yostki&e, 3lotel,
Birkenhead, and Mr. Roberts, of Seacombe, who' carti,,3
on business as a saddler in Liverpool. Mr. Thomas was
accordingly bound over in two sureties of £250 each,
and hirmelf in £5OO, to appear on Wednesday, the 24th
inst., 'when' the. Me will be investigated by the magis-
trates.

THE CHARGE OF MANSLAUGHTER
AGAINST MR. OATFIEtiI..

The hearing of this case was resumed yesterday at
the Birkenhead Police-court, before Messrs. Case,
Younghusband, and Derbyshire.
Mr. Bretherton having called Mr. Samuel Downing,
that gentleman said—There was disease in the right
'ventricle of the brain. We cut away the surface of the
brain to get to the ventricles, as they are deeply seated.
I did not Consider that disease of long standing. I did
not tell the coroner that that disease might have been of
fi month's standing. /do iiot think it could have been
of as long as a month's standing. It is impossible to
tell exactly of hoW long standing it *ag. It Would have
been .mote extensive had it been of longer than a month's
standing. I think the bldody tumour had nothing to do
with the diSease in the right Ventricle of the brain. • The
disease in the right ientride or the brain was, sufficient
to cause death. / don't think I stated this to the
coroner.. The disease would have-Ultimately caused Mr.
Whelan's death if alloWed to go on. uneheoked ; but I
do not think it could have canned his death at the time
at which it took place. I will not take upon myself to
swear that the disease in the right ventricle did not cause
death.

Mr. Bretherton wished to ask their worships if they
would allow him to call his witnesses before addressing
the bench. This having been assented to,
Mr. Alfred Higginson of Liverpool was examined—
He said I am a medical man residing in Liverpool and
am a lecturer on Anatomy in the Medical School. I
heard the whole of the evidence .yesterday, and I do not
think that the blow deposed to was sufficient to produce
the ecchymosis. I think it far more probable that it
was caused by the rupture of a small vessel during the
fits spoken of by the witnesses. The witness here related
an instance *illicit occurred in the Southern Hospital.
A Child was being piit under the influence of chloroform,
and before being completely asleep' contulsiorts ensued ;
from the force of the circulation ,and the rupitire of
some stnall,4,essel in the ear the child had bleeding from
the ear. In this ease: the vessel was near the surface,
but had the struetilre been . internal there would
have been no mark to indicate Wel eCchydosie had
taken place. He did not think that the ecchymosis
would Dave produced death. He did not think that in
this case it could have accelerated death.
Dr. Baylis was next called. His evidence was in all
material points the same as that of the last witness. In
answer to a question, he said he would have great
difficulty in persuading himself that the ecchymosis was
the cause of death.
Another medical man was called upon • but not being
present, Mr. Brethetton said he would not detain the
court lfj waiting for him, as his evidence was merely
confirmatory Of that df the receding witnesses. He
therefore proceeded to addreei Ventli on behalf of
Mr. Oatfield. He would first thank ili6 ulagietrates
for the patient manner in which they had heard the
evidence throughout. They knew that in cases of this
kind—whatever was the result—they entailed upon the
man an amazing amount of mental anxiety, and to a
certain extent also, depreciation in the eyes of his fellow
men. He would also render to the poor man who was
dead the sane just tribute. of praise, not as coming from
himself; kit as cotting from the unfoltunate man who
had brought about this enquiry; The totld ask the
bench, after healing the eiridetied they. had heard, Whe•
titer there WAS any reasonable probability of obtaining
a conviction front any. intelligent jury. The evidence
as it now stood did &it by an means pOint.td the blow
inflicted by the prisoner, as the Whioli had caused
death. It was a strong feature in faifotir of Mr: Oat-
field that the coroner, who was so experienced in those
cases, would not venture to send him for trial upon the
result of that inquiry. Mr. Bretherton then proceeded
to comment upon the evidence. The first witness
Weasey, in describing the blow, said it was one that
could not hurt• any one ; he said that it struck the
deceased on the right side of the head. On the Friday
foll Owing thetle6C4ed gas at. his business, also on the
Saturday, and on Suriday lie •tettt to church.
of the witnesses—the nepheW or Toitifg—Leonid say
positively on which side the blow was struck ; aiid if so,
what became of the doctor's theory about the ecchymosis
being caused by the blow. After reverting to the fact
that, after taking the medicine, the deceased became
worse ; and also to the fact that a certificate of death
from apoplexy was given, Mr. Bretherton called upon
the Bench to discharge the prisoner, and. not send him
for trial.
The magistrata trie fetivedi and upon their return
to court stated that they Considefed the ease should be
sent for trial. Bail was accepted fa Mr. Oatfield's
appearance.

LIVERPOOL POLICE COURT.-YESTERDA'

(Before Mr. RAFFLES.)
" THE UNHAPPY MARRIAGE."
Robert Hughes, a cart-owner in Gibraltar-street, was
*aged by his wife with -having assaulted her. Mr.
Bluck riPpeafed to prosecute. 'This was a painful case,
and the facts were ai fo4toty i.—The complainant was
formerly alt; wire or a carter in tine sank street; any ne
died some years ago. The prisoner was in her eMploy-
ment at 245. a week, and being a good-looking fellow,
about her own age (somewhere about thirty) she took a
liking to and married him, thereby conferring all her
property on him. It appeared that the mellifluous
thirty days, alias the " honeymoon," had not elapsed
until the marriage proved an unhappy- one. Violent
delights, they say, have violent ends, and in a short
time the comedy of " Three Weeks after Marriage" was
performed in the Police Court, where the husband
appeared oft a Charge. df having broken not only the a
vows he made to cherish her, but algO lid head, ith
poker. She, however, forgave him on that occasion,
and it seemed they, with some friends (when he was set ,
at liberty), retired to a public-house, where they
drowned their grievances, and very nearly drowned
themselves also, with " ardent spirits." Since that
time he has been several times in prison for beating her,
and on one occasion lie suffered three months' imprison-
nient in gaol for having assaulted her. On Monday
night he agdin " thraehed her; dml for this he now
stood before the bench. 'the complainant having told
her story, the prisoner told his as follows f was due of
the happiest men on earth at 245. a week driving darts, -
until I had the misfortune to marry that woman. She
would.have me at any price, and I married her out of
pity, and then she began to drink and thrash me. Oa
Sunday night, she got drunk with a lot of young drivers,
and they pitched me over the yard wall, and I was
obliged to sleep in a petty until day-break, and when I
came in I got one of the drivers half naked on a chair,
drunk, and she in a corner with another young driver
lying asleep On her lap, and I should like to know who
Would put rip With that ? Mr. Raffies i If you bring
Me evidence to prove this statement I could etedit it,
but at present Lcannot believe it, and I think you are
making things worse by bringing such charges against
your wife. However, that is an affair I have nothing
to do with. Mr. Bluck : There is another court, if he
has any complaint of that sort to make. Prisoner : It
is quite true, and I got her in a garret and morning
with another of the drivers, and I can prove it. She
races Molt about the young drivers than she does about
me. Mr. Raffles : l have nothing to do with this. I
Can only deal with the assatilt ; and as you have been
so often here for having assaulted your wife, I now fine
you £lO or three months' imprisonment; and at, the
expiration of that time, you must find two sureties for
£2O each, to keep the peace towards her for three
months more. The prisoner was removed in custody.
WHAT IS A CLOAK ?
Pat Lavelle was charged by James Murray with
having opened his skull with some deadly weapon, mis-
called a life preserver. The complainant said, when he
came from his work the previous evening he found his •
wife and the prisoner's wife "at it like hammer and
tongs!" Mr. Raffles----At what? Wallopping one
another like two Billy-welters, I put my wife into the
house and locked the door on her, and then the prisoner
came home and I asked him to take away his wife. I
will, says he, and take yeti away, too, and at the same
time he hit me a lick of some thing called a life-
preser t
ver, hat nearly knocked my brains out. This
statement was corroborated by three or four other wit-
nesses. The prisoner said—Whey I came home the firt
salute I got was from that fellow, who said I was only
a " cloak." Mr. Raffies—A what ? A cloak, sir. And
I'd like to know who'd stand that? Mr. Raffles—
What is a cloak ? The prisoner leaked at his worship
with great astonishment, as much as to say, don't you
know what a cloak is ? Mr. Cozens, the crier of the
court, however, enlightened his worship by stating that
"a cloak" was a man who acted as a "bully" to an
infamous house. Surgeon M'Caul gave evidence of the
injury to tee prosecutor's head: which was severe, and
advised him to go into the hospital. The prisoner was
then remanded until the wounded man vas out of
danger.

"SETTLING A POLICEMAN."
Police-officer 367, lll'Donald, brought up three
fellows, named Richard Redman, Patrick Clarke, and
George Booth, charged with having nearly killed him.
The officer said that about twelve o'clock the previous
night there was fight of some ten fellows in a public-
house in. Great Howard-street, and the prisoners were
amongst them. They were put out of the house, and
he separated them, putting some down Denison-street
and walked down that street immediately after. Some
one came behind and struck him, and lie turned round
and caught the man who did so. He was then sur-.
rounded by a lot of men, amongst whom the prisoners
were ; they knocked him down, and kicked him in the
face in a savage manner. His nose was nearly broken,
and his face and head much injured and swollen from
the kicks, and his clothes were torn to pieces from has
body. He swore to two of the prisoners positively as
having kicked him when down. Lupowoman a publican
in Great Howard-street, and a yg who saw
the assault on the officer, proved that the three prisoners
kicked the man when down.—They were remanded
until some other persons who had also assaulted the
officer could be arrested.
LIFTING PROPERTY FROM A SHOP.
Martha Hughes and Mary- Thompson were charged
with having stolen a quantity of silk handkerchiefi from'
Messrs. Ingham's shop, Scotland-road. The prisoners
went to the shop for the ostensible purpose of purchasing
some things, and one of them did purchase some small
things, and whilst engaged in the purchase, one 9f the
prisoners was seen to put some silk handkerchiefs into
her pocket. They were then given into custody, and on
searching them at the station, six. silk handkerchiefs, the
property otlMessrs. Ingham, were found on one of the
prisoners. Mr. Kehoe said the prisoners gave a wrong
address, and he wished a remand until f arther inquiry
could be made about them. They were remanded for
a week.

• Tun Buszfaunv.—ln the bill of are for the grand
banquet on Thursday will be found a monster baron of
beef, about 400 lbs., which has been supplied by Mr.
Lowthian, of St. John's Market, for Mr. Motrish,- the
caterer. The " baron" was exhibited yesterday- and
caused much attraction, as it is one of the finest joints
an epicure could delight t
too look on. It will be on
being cooked for the great
view this morning previous
banquet to-morrow.