The Express.
London, England, 1863-04-09 00:00:00

THE txrtEs..4, TIUTTSDAY EVENING, APRIL 9, 1863.

muss have been out of spite ;" and the prisoner replied,
"I think Do too."
Robert Moore deposed—/ am a labourer, living In Acton
Town, and went with a police-constable named lieleey to
Petherton -villa on the night in question. I wit Kabul
near the Six Bell. beer-shop, which la about SOO at 300
yards from Petherton.villa. Kelsey told Nee that a ate-
stable had been shot. He was running at the time, and
I ran along with him. When we got to Petherton-vills
we found a crowd °olio-ARA sod the body of the dead am.
stable lying on the ground. While there I saw the last
witness talking to the prisoner, Joseph Brooks, whom I
have known for the last five or nix years.
Thomas Kelsey sworn—l am a police constable, 135 T.
I went to Petherton.ville about twenty minutes before nine
o'clock, in coneequeeos of information I received at the
police station, in Acton, that a brother constable had been
shot. I met the last witness, Moore, neer the Six Bells
Tavern. 1 beard of the occurrence at half-past eight at the
station. I was in bed at the time, and I got up and dressed
myself, then met Moore, and we reached Petherton-villa la
ten minutes, namely, twenty minutes to nine o'clock. I
know the precise hour, for I looked at my watch when I
beard the intelligence at the station, and again when I
arrived at Petherton-vdla,and found the deeewd lying dead.
Mr. Henry Blaydes Liagliam sworn—l am a enigma re-
siding at Acton, and on the night in question I was sum-
mooed to Pethertoe-villa, and arrived there between half-
wit eight and a quarter to nine o'clock. I found the body
of the deceased lying at the door of the house in the fore-
court. Part of the head of the deceased had been blown
away, and on examining the heed of the deceased I found a
quantity of small shot, in number 2.3, lodged there. From
the appearance I should say that the gun would have been
discharged close to—indeed, in contact with the head of the
deoes: ad. I afterwards received some theta from Inspector
Scotney, and I weighed twelve of them, and found them to
correspond within a quarter of • pate with the shot
that I had abstraellad from the head of the deceased. The
shot were No. 5 shot. _ _

Inspector John Searle sworn—l am an inspector of the T
division of polio., end the deceased constable Davey be-
longed to that division. It wee about 10 o'clock on the
night of the 19th January, that while at Hammersmith I
heard of by death, and went with Inspector Sootney to N-
I the:toe-villa, sad there saw Sergeant Boanick. Is conse-
quence of what be told as we went to Chapel-place, Dick-
oommon, Turnbam-green, and arrived there about 12
o'clock. At that time we did not know precisely where the
prisoners lived, and it was half-past one o'clock before
we ascertained it. We then went to No. 1, Obspel-place,
and knocked et the door, and the whose.. DODO put
kits heed out of the window, end was requested by Impactor
fierstsey ease down. He did so In Me rit dues, sod
when he mos to the door he naked him if be Ud am fire-
arms, end be mode DO answer to that speedos. He thee
naked him where hie brother w, and be replied '' trLtairs."
I left the prisoner lease In charge of Inspector May
and momentarily I went up stain into s m I loam in which
found the primmer Joseph in bed. I were my uniform, and
bad • lamp with me. On °piecing the mom I said " Joseph
Brooks? end the prisoner answered " Yes ;" end I noticed
then when be made the reply his voice tumbled very much.
I thee told hint that be would be charged with hie brother
for the murder of polios-ooestable Davey at Acton. The
prisoner made no reply, and I this asked him if he had
any firearms. He made no answer at first, but
when, after motioning him, I repeated the question,
he replied that he bad • gar,_ but it woe at •
place or shop in Acton. While this maven..doe
was going on, Inspector Scotirey, with the po sac
Isaac, bad coons into the room. The primmer wnaetttnig up
in bed, and Seamy had his, area wan the bed, end tamed
down pert of the clothes, bat did sot discover anything.
Surtsey then took the prisooer lase out of the MOM and I
told the other primmer to get up and diem himself. He got
cut of bed, and I tamed the clothes completely down. end
found the put produced between the bed end nattier. It
was lying leerrthersys, with the mauls towels the tiSez:
just Radar the spot where the elegem. bad Lid. On
the gee I 'mid to the primmer, Whet do yes cell this .
The turned round, and, mein whet I bed in nay
band, " Oh, I forgot it was there." I examined
the gun, sad fogad dot it hod been recently discharged,
and kid the prism, so ; he did not make any:eery, but
continuedto dram himself, and appeared to Wed the
matter very lightly. While pu _
sag en bin etockwtat
be reached to the bed for his
be took up, and something MI ttk one of
the pockets on to the bed. The prisoner endeavoured
to conceal whatever it was, but Sergeant Bedew, who was
with me in the room, pinked it up and mid it was • powder
flask. I then asked the primmer where be had been the
previous evesing, end be replied that be hod beenjsowhere,
ter he had see gam out after he mane home from his work at
6 o'clock. I took him downstairs to *fire Inspector
Seam bad the poisoner Isaac, and in the of both
I repeated the charge, when Joseph
snerestad thee
Ei°:ll4l.
not been out that night, and bead rig the soma,
adding that his wife knew that he had not bass wet. The
primers were then taken to the liammenrelll polleserle-
boo. After the primmers were in custody I wont several
times to their residence, but could not gain admitturre until
the 24th January when I foiled in • box under the pri-
soserJeseph's bed the coat which the witanes Lake bed ides.
tificd ae that which be had put on when he went out with the
gee os the evening of the murder. In the pockets of the
met I found • box containing No. 5 shot, some of which
were also loose is the pocket., five cape, and the knife I
now produce, wrapped up in • pocket handkerchief. About
hell an ounce of theshot had been heeded to Br. Lingham,
she surgeoe, who has been examined. I had seen the box
coetnizung the coat or the night of the 19th, when the
prisoners were taken into custody, bat I did not take pos.
melon of it, a. I did not then !mow it. importance in the
ems.

jaspector Scotney was called to corroborate the last wit-
ness, bat was not asked any questions by counsel on either
this.

George Baden, sergeant of the T division, proved the
finding of the powder Bask, which be produced.
Yr. William May, • builder, proved that be bad em-
ployed thec prisoner in the erection of some buildings he
was cream, and that be had desired the prisoner Base,
about a week before the murder, to speak to the police to
look over the buildings at night, and that he subsequent)y
learned from the deceased mutable Davey that Imo bid
spoken to him on the subject.
William Scarf, • labourer, proved that the old building
materials fourd near the riek, and which it was supposed the
prisoners bad stolen, eorrespooded with the materials still
remaining on the premises of hie muter, Mr. Banndars.
Mr. Memel Charles Davis provedthat he was • surveyor,
and had prepared the plans of the locality which had been
presented to the court and jury. The wither proved their
accemey, and that the distance to Petherton-villa from the
prisoner, midmost was five furlongs eleven yards, and from
the poets at the owner of the Avenue-road to Petberton-
Tills was two furlongs 198 yards.
Dlr. Clark—My level, that is the ease for the provocation.
Mr Bibb» submitted that there was no cam to go to the
jury against the prisoner Inas Brooks.
psron Wilde mocurred.

ThecorriiiieiTalco;rned fore short time, and the jury
nand for refrainment'. Oe their return
Mr. Best proceeded to address the jury on behalf of the
Flamer Joseph Brooks, sad eamessal a hope that the
jury, in oonsid the widows, would not be led
away by the sympathy which mat have been created in the
hearts of those w possess comma tediums and affections
by the melancholy tale which had bees serrated by the
loftily widow in the witaeorhoz that day. His duty was a
*dui one, and he approached his task with fear and ap-
prehension lest his efforts should fail to place the facts
before than in the way he should desire. The learned
counsel proceeded with great ability to review the evidence,
observing epos the discrepancies in the testimony of the wit.
nesse" az regarded the time at which the prisoner bad been
seen, and that at which it was supposed the murder been
cointeitted. He urged the fact that, though some of the
witnesses bad known the prisoner from periods varying from
ISt° 10 yam, they 'maid not identify him ae the parson they
had seen al the sorter of the Avenooroad on the evening
in queolion. That identification had been only partially
eriablielsed by ths evidence of Moamar. Bice, to whom
the prisoner was a perfect stranger, and whose evidence
was wholly lineupported, though it might have been so by
. the evidence of her sweetheart who was with her on the
i eyeing in question, and whom the prosecution bad not
ventured to call. Os the whole he submitted to the jury
that she evidence was too feeble, fragile, and inconclusive
to justify the jury in consigning the Framer to the gallows,
and he prayed, nay he demanded from them a verdict of not
Yr. Borne Wilde then intimated to lie jury that there
was so evidsoce in his judgment sealing the prisoner
luso, and that they would therefore coulee their attention
to the case sa it affected the prisoner Jae* Brooks. His
lordship, who still appeared to he steering from
spoke is a remarkably low tone, and ties preeseded to
analyse the seldomce with the greatest salantimene, resserk-
. lag that though it was of a circumatentiel character, yet the
whole quieting ea for the jury, and the jury aloe*.
The fury retired, and after an sinews of 25 minutes re-
; turned Ma court with a verdict of Chary as regaidisd
Joseph Brash, and of Na Ouiire as regarded issie,
The prisoner Law wee then removed from the bar, and
, Joseph was called up for judgment. in reply to the usual
teterrepeerks, the convict remained silent, but stood with
his lead iffsetbiar the front of the dock.
The mad peoehmation for allows barium been mole by
Mr. Harker the chief usher,
Mr. 'me Wilde 1/110 111110 the black cap, and addr
the prisoner said Brooks, you steed esevicroll
the tette of wilful murder. The jar)' lave sauna to a saes
elusion which everybody else re wart who has
• limed your use must also have arrived at, rawly, that you
lave committed a most foul and deliberate murder. Is
=to the details as presented Is *widows, I have
1 vela for any circumstances of aztanaliee. mid I
kir whist pesseesiien or motive indeed your guilty ad
met renala to s great silent a secret. alias net apposed
that yea had weeneved say prove:wanes from your victim,
but your whets mums betrays the utmost delibmatien en
year pert With deliberation sad alum yea permed the
gria—iniali madam theeliation yea weal to the spot
el yea knew 'Workmate dammed weld be
land. Tea maid lies sat from his emu berm, heed then
Teereliway mod meek teak hie life For this RIDS year
ewe lite is Isefelteit Tim leaned judo thee formally
gamed thaimaame el death in the Nerd feria sad wards.
The peteeser, who bed aselenaisied the ateewel selfweew
Pam *melba* the Pa U 4 than crust the dust
with • ins awl esewdarramed step.
The leeeesed the seeteiwe wee tie mut woe
fir amp time disturbed by the a Ismale
I. the gallery, Acre cries of " Oh, my bream "iwileeted
taut ale we des alter el the eetwiL

ASSIZE INTELLIGENCE.

HOME OlRClllT.—Knroutox, Arzn. 8.
(Before the Lord Chid Justin sat a Spool"! Joey.)
111017/LLON 1T COMPAONIII I. LUPTON.
Mk was ail action upon a marioe policy for the noun
of three steam vowel/A*ol, Mannino' to Galstz._ _

Mr. Lush, Q.C., Mr. Harlon Lloyd, and Yr. Hatt ow
were for the &iota's; Kr. Korai, Q.C., and IKr 0. Homy.
man ware for the defendant.

The plaintiffs in this antic* were the representatives of •
French SociftC Anonyms, or joint 'teak company. for
working small steam vessels for the purposes of trade a►
different ports upon the Danube. The three vessels that
wen the subjects of the policy WOTO to start from Marseilles
on the 15th of August, 1861, and it appeared that they 'id
sail on or about that day, but they IMO all lest during
• violent storm in the Black Sea, when they were within
• short distance of their destination. The contention on
the part of the defendants was that the strict terms of the
polio► bad not been complied with, that the vessels bad not
sailed at the time specified. and that this delay was, to a
certain extent, the muse of their being wrecked.
It was stated at the commencement of the muse that the
questions involvrd were purely of a legal character, but u
the parties could not agree upon certain facts, the cue was
tried out, and resulted in • verdict for the plaintiffs, various
questions of law, however, being reserved for further consi-
deration.

Mr. Jostioe Wightman disposed of the whole of the
common jury causes about the middle of the day, and only
one special jury one remains to be tried.

CENTRAL CRIMINAL COURT.

NEW COURT.
(Before Mr. Justice Mellor.)

Maria Martin, 18, spinster, against whom the grand jury
had thrown out the bill of indictment charging her with the
wilful murder of her male child, was now 'Witted for wil-
fully conosaling the birth of the said child. It appeared,
however, that she had mentioned the fact of having bees
delivered soon after the birth bad taken plains, and no evi-
dence to deny this having been adduced, the jury, under
the direction of his loilship, Acquitted the prisoner.
Elizabeth Lydia Brown, 17, spinster, a very lady-like
looking girl, was indicted for the wilful murder of her ille-
gitimate infant child ; end in this inatance the grand jury
had also ignored the bill, end she was sow placed upon her
trial on the coroner's inquisition.
Yr. Metcalfe appeared for the prosecution and Yr.
Sleigh for the defence ; end after some consultation between
the learned counsel, the latter intimated that be should not
offer any defence to the charge of exiosslmeatellthe birth.
Yr. Sleigh, addraming the court on behalf of the primmer,
said that this was a cue of an exceedingly painful nature.
The prisoner was of a very respectable family, and had bees
• pupil teacher in a congregational school, and he believed
he wu spanking the truth when he said that her preseet
position wee attributable to her violation, and that she had
been afraid to disclose what bad occurred to her.
The plea of Guilty to the charge of conombnent of birth
was then take I._ag .

Mr. Justice Mellor respited the eenteace until the next
iseiloa.

----Cia;ler Heiner, stated in the calendar to be 15 years of
age but who did not appear to be more than 12, was indicted
for • raps on the person of Mary Ann Dammock, • girl
under the age of ten years.
The facts of the cam present an amount of depravity on
the part of the primmer that wan almost incredible. It ap-
wired that the prossontrix, • very pretty, mooed looking
child, was acquainted with the prisoner him sister, Weise
in a court is the parish of St. Luke. The prisomr had
asked the prosecutrix into the room his parents occupied to
play with his sister, and she had no sooner got there than
he sent his sister out to order some coals, and as 11•011 as
she had left the room be locked the door, threw her on the
bed, and, according to the medical testimony, effected hie
irmixott
The , when asked by the learned Judge what
answer hs had to give, mid " Nothing."
Ye. Justice Mellor summed up, sod told the jury they
had no alternative but to And the prisoner guilty.
The jury moordisgly Comicted the primer, and
Mr. Justice Malice, in peeing sentence, said that this was
the meet extraordinary and painful ease he bed ever heard
especially as regarded the deliberation with which the
prisoner had committed the offence of which he bad been
found guilty. Ile had no alternative but to pee upon the
riviger • sentence of penal servitude, and he thought in
doing wi be should beet serve the future interests of the
primmer. The sentence was that he be kept in penal servi.
tuck for the term of Ave years.
rheum O'Brien, 66, labourer, a repulsive-looking old
hlabmaa, was found Guilty of committing an indecent as.
moult on Sarah Lumley, with intent, de., and he was sen•
termed to be imprisoned and kept to hard labour for two
Beery Queer Benjamin Pgv, 19, labourer, was indicted
for feloniously shooting at Matilda Medlin, with intent to
murder ben.

Mr. Dickie prosanded ; Mr. J. Z. Palmer defended.
The promoutrix stated that on the evening of the Ist of
April she was returning home from her acute molders*, at
about half-peat 9 o'olook, when she met the prisoner, who
wished to go home with her. She told bun his cor;rpsoy
was not warded, end turned up the Bethnal-green-rood.
He then said he would follow her, as she had been playing
with him long enough. She told him that if he attempted
to follow her she would return to her aunt's, and she set
out to do so • but she had no wooer tweed her back to the
prisoner than she heard the explosion of • pistol. She had
previously turned round several times, and seen his hand
raised from his body. On the explosion taking place she
felt a blow on her right side, and afterwards sound that
something had penetrated her cloak. She walked a short
distance and then fell, and was found by her cousin.
In her cross.examination theproometrix said she had not
spoken to the prisoner for am weeks previously, and that
she krew that be always carried • pistol. They had not
had any quarrel, but she declined speaks to the prisoner.
Police-constable Chappell, of the EC division, deposed to
tinre primmer into custody, and finding • pistol with an
exploded
cap in his box. Wham charged the prisoner, inked
if the prueecutria was dead. He afterwards said, did
not do it to murder her but only to frighten her."
Mr. Rees, a sturgeon, proved that he had examined the
=miris, and bad fogad • large bruise on the shoulder
ead • rivet, snob es those found in the prisoner's poe.
session, if discharged from • pistol, would be calcultMd to
produce • similar brain.
In cross-examination the +items said be did not tbiok
such a braise oonkl be produced by a blow from • stick or a
stone. . . _

Jostles Mellor recalled the prosscutrix, who stated
that the plans where she felt pain on the explosion of the
pistol was where she sfterwards found the bruise.
Mr. Palmer, for the defence, urged that this was only a
foolish lovers' quarrel, and that whet the prisoner had dose
was merely to frighten her. The rivets found would not
even enter the muzzle of the pistol.
The jury acquitted the prisoner of the intent to murder,
but found him guilty on the count is the indictment charg-
ing him with unlawfully wounding.
Mr. Justice Mellor told the prisoner that it was exoesd-
ingly fortunate for him that the shot had not taken effect,
for if it had he would most certainly have been tried for hie
life. It was a very serious osae, and he should not discharge
his duty if he did not pass upon the prisoner a severe
pi-dente. That sentence was, that he be kept in penal
servitude for the term of six year,.
THIRD COURT.

(Before Thomas Chamber, Eaq., Q. 0., Common Serjeant. )
At the sitting of the court two lads, named Walker and
Cuff, who had pleaded guilty on the previone evening to
having stolen a quantity of postage stamps from their em-
*ter, Mr. Edward Brants, were brought upend sentenced.
Walker to six years' penal servitude, and Caff to 18 months'
imprinument with hard labour.
Georgc Oengell, 30, traveller, was indicted for am-
bauhng several sums of money belonging to his master,
Edward Rider Cooke. •

Mr. ifeie;.ll proleCated ; and Mr. Gifferd and Mr. F. H.
Lewis defewded,

The ease lasted throughout the day. The prcoscutors are
proprietors of the Bow soap works, and the prisoner bad
been their traveller for the hat four years, r t a salary of
1401. per annum, and 1/. a day travelling expenses. Moneys
had bean remised by hhn in his capacity of collector, and
were proved to be unaccounted for. and on inquiry it turned
out he hadearried on these practices for two yeare,and to
enable him to do so he had falsified the books.

The jury found the prisoeer Grit y.
Mr. Metcalfe communicated to the court that the prisoner's
defalcations amounted to about M.

--fheTe;r7moilerjeant sentenoed the polemic tobe im-
prisoned and kept to hard labour for the terra of eighteen
calendar months.

FOURTH COURT.

(Before the Reoorder.)
Jane Bull, 18, spinster, pleaded guiLy to en indictment
charging her with unlawfully eodeavouruig to conceal the
birth of her illegitimate male child.
Judgment was reepited.
Richard Pitts, 33, tailor, was loaded for that be being a
onm:ct in Mall:auk prison, feloniously broke out from the
same. _ _ _

The primmer, who pleaded guilty, denied that he hid
broken the aol, but maid he got out through a break in the
root d which_ a tile had been displaeed.
It was shown to the coast that the primmer in 1861 had
been matemed to eight years' penal servitude.
The Itecorder sow 'mammal him to eight years' penal
servitude, the term to run concurrently with his previous
montesse._ _ _

JAB Said', 30, painter, was indicted for eluding three
watches end other property beloopog to Aline Humphries.
Hr. Mop promo
The prisawsr, it wilitlatemberad, I. company with ea.
other mae, bad pas to bona of the proweentrix, who
raided at Hampstead, sad taking advaatiw et bar being
=s4 hi aosompliee had le sol the *a. On being
emcee time n Kannada on another chugs, some of the
stolen property we. foiled epos kiln.
The jury found his 43silty.
There were thirty ether smaller charges spinet hhn, sad
he had hew Wore esevisted.

—The Reeerd;;;;teaard Urn to els years'
awn
earvitede.
Saiwaret Clues letward Trios
Ws
together with another sma sot ia ith rabbi's
with wisteria Siwarti Nom sad steallos how bias • boy
sag sem pies at barrio