The Express.
London, England, 1863-12-17 00:00:00

SHOCKING DEATH PION NEGLECT OP THE
POLICE-SPECIAL VERDICT.

An inquiry wan held by Mr. H. Raffles Walthew,
deputy-coroner, at the Spread Eagle Tavern, Homertoo; :
last night, respecting the death of James Hollomar, aged I
4$ years, alleged to have loot his life through the inhumanity
of the police.
Joeepb Symmere, a little boy 13 yearn of age, said that
last Sunday afternoon be saw the deceased hiding behind I
a stack of timber on the banks of the Regent's Canal, near
Park-place, Haggerston. The instant he saw that be was '
perceived, he jumped into the canal. When in the water,
he screamed out three timed', " Help, help." A gentleman
who was passing stopped and tried to get him out with hie
walking-stick, but could not. A young man ran out of a
house close by and jumped is, and in two minute& got de-
ceased out alive. Witness was certain that deceased jumped
into the canal.
Henry Richardson, 12, Park-plane,raid that he was a
compositor. lie rescued the deceased, and took bins to the
Sisters Tavern, in the roweall-road. A doctor was sent
for, and deceased recovered perfectly. He appeared to
have been drinking. He did not die from the immersion
but from ill-treatment subsequently received. Witness
reeds inquiries, and found that deceased was a Sunday-
school teacher, and a religious and gentlemanly man. He was
employed at a warehouse in Wood-street, Chespaide. He
was to have been married at Christmas. and when the
A
lady ard what had happened she feinted.
A person in court 'Rid he believed that decearad fell into
the water accidentally, as he was blind of one eye.
Dr. Barlow said that he was called to the deceased at
the Sisters Tavern. Deceased recovered from the effects
of the immersiol. He said that be supposed he had
slipped into the canal. Witness ordered the police to take
him to his own home. which was lees than a mile distant.
He told them to clothe the deceased properly before they
moved him. Witness afterwards heard that the police
took him, almost naked, in a cab to Hackney Union, which
was two miles off. If they thought a workhouse was
the proper place for him the Sboreditch workhouse
was within half a mile, and the occurrence took piece
within that parish. Deceased was thoroughly recovered
when given into the care of the police. The canoe of his
death (in sixty-five minutes after be was admitted into the
workhouse) was shock to the nervous system, from expo-
sure to the cold in the almost naked state after being in a
warm mom.
Louisa Hephone, nurse at the Hackney Union, raid that
the deceased was brought by the police in a cab to the work-
house. He was shivering, and was perfectly naked, with
the exception of a small piece of carpet and a blanket,
which barely covered him. He was carefully attended to,
, but died in an hour.
Mr. G. Miller, surgeon to the nnion•house, said that
; deceased was black and blue with cold. It was highly
improper to have removed the deceased in a naked and
upright position such a distance. It would have been
much better to have removed him to the Slioreditch

Workhouse.
Folios-constable Kelly, 142 N, said that the reason the
deceased was removed to the Hackney and sot to the Shore-
ditch Workhouse was that he and his brother constable
were on the Hackney beat. But wheedle did not know
that the other constable who was outside on the box was
going to Hackney. It was intended to prosecute deceased
I the next day for attempted suicide. They could not get
many clothes for the deceased, for the people at the public-
house grumbled at having been asked to do so mush.
The Jury returned the following special verdict—" Death
from shook to the system, caused by his removal from a certain
warm room, where he was after immersion in the Repnt's
Canal, to the Hackney Union. is an almost naked state ;
and the jury say that the conduct of the police in No re-
moving him was highly censurable...

COLONEL WAlloll.—Colonel Waugh is still con-
fined is the infirmity of Whitecroa•etreet prison, in which
prison he has been detailed since Mardi. when &nasty' on
• rapiaa. The deoisioa of the Lord Chancellor oa the
appeal from the Court of Bankruptcy his settled the gun-
nel, as to the release, and the bankrupt, who has sumo.
dared to the benkruptcy,
most now prepare his somunts
and proceed to pass Ms lad examinstion. As • reason for
his release it was urged that i► would •take him three months
to file the amounts, and it will now be sate whether that
time will be nacesszkry. The only other course open to the
bankrupt is to obtain two sureties ia 2,0001. each, and
self In 40001., to procure his release, or remain in custody
until the completim of the case under the beukruptcy.
Wuolcott, the look-out man on board the Lady
of the Lake steamer, when she me down ► &lawman s
boat in Southampton water, was captured e• Monday. Be
will be tried for mandaaghter at March neat.

LAW INTELLIGENCE
(THIS DAY.)

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
IiTZGIRALD V. rrizommi.D.—britClaL
This come was resumed this morning, Mr. IL Chambers,
Q.C., and Dr. Wsmbey, appearing for Mra. Fitsgerald, the
petitioner ; the Queens Advocate. Mr. Hodillseion, Q.C.,
and Dr. Spinks, fur the respondent.
Mr. William Henry H Bettisworth—l am the father of
the petitioner. 1 was present at her marrhge. I visited
Major Fitzgerald and the petitioner at Braden in 186 L
She was then in a very good state of health.
She left Braden with me in August. I had a
movenetion with Major, Fitzgerald on the bomb at Dover.
I referred to an unfortunate difference there was with his
wife respecting Mrs. Mallet, and I asked him if he had had
connexion with her subsequent to his marriage. His reply
was, "I won't tell a lie—l have." I asked him how, when
he objected to a mouth or two's difference in his wife's
age, he could associate with a woman 1,110 was
eleven years older than himself ? He mid she
was not more than sevenlyears older. I replied that she
wee, for I knew the &Murata well. He told me that he
bad lived apart from his wife for four months, because he
was afraid that if an explanation took place when the was
pregnant, it might be fatal to her. I have seen
the letter produced. I first saw it is Dr.
Pettigrew 's bands, and it was given over by Dr. Pettigrew
to my daughter in my presence. I don't know the head-
s/Min. Dr. Pettigrew took the letter from another letter

in my wane.
t
By . Haddleston—l lived at Brighton about six
years ego. I went from Brighton to Malvern and to
Dover. It was at Malure I first met Major Fitz-
gerald. 1 am not ,were that my daughter had a
difficult temper to deal with ; but I suppler) she bad, like
other women. (Laughter.) I cannot say whether she win
or was not wayward and likely to take offence. She pro-
bible was irritable. but I cannot say more so than other
people. She occasionally took offence even from rne. This
letter is in my handwriting. I have said that she was dim-
cult to please—that I almost despaired of doing so, and I
dreaded to open my lips to her, but that was
only a " (aeon de parlor." I did dread to open
my lira to her with respect to pecuniary affair,.
She tuideretood pecuoiary matters as all sharp, clever
people do. (Laughter.) She was clever and attentive to
=ell items in pecuniary matters. The letter which has
been shown zee was written in 1861, when she and her
husband were living at Braden. When they were
living in Chester-street and I in Poutotreet I
bad not sold out any part of the trust funds. That oc-
curred subsequently. My daughter found fault once
about that. She might have used strong language to me—
might have followed me into the passage, and sluthen her
hand at me. If she did, she did not do it io an offeumve
manse, at me, and it marls no impression on me. Conscien-
tionsly speaking, I cannot my that she has ever shaken her
fist at nie effusively. She may have moved her bands up and
down in this way. [This appeared to be an oratorical rather
ea than a threatening gesture. I cannot recollect speaking of
women "unfeeling bitches of lodgers" in my daugh-
ter's presence. [A letter was shown to the witness.) If
have not spokep it I have certainly written it
is a confidential letter to my daughter. I cannot say
that I may not have used it on other occasions—nobody
can say what w Ids slip from their lips. I have written,
"The Major is a capital norm —quite a Florence Nightie.
pie in trousers." (Laughter.) I wrote that from report.
I also wrote that I was going to send him the Sal urdao
Retina, for, I added, "I am sere the Major wants amuse-
ment; now yea are there he won't want excitement." I re-
ferred merely to the common occurrences of life. I cannot say,
from my own knowledge, that the Major was kied and atten-
tive. I understand from my wife that my daughter attributed
her miscarriage to Dr. Peen 's treatment of her. have
written, 'To my dying day, I shall regret Lady Ann Slier-
son's fatal recommendation of Dr. Perry ;" bat I wrote it
nader a misconception. I believe that the part of a letter
put to me is in nay daughter's handwriting. [This was a
portion of an anonymous letter which Mrs. Fitzgerald
denied yesterdsy she had written.] Blse had a
groom called Alexander, and there is a memorandum in
the letter respeetrog him. I could not swear to this part of
• letter an I could to the other. if it was given to me as
in her handwriting I should disclaim it. I have not the
slightest idea in whose hand it is. On the other
side there is a letter from a person named
Bishop, at Cirencester, soliciting Mrs. Fitzgerald's
customs. I know uothiug of him. Cirencester is about 91
miles from Braden. 1 settled 10,0001. on nay wife, and
Major Fitzgerald 8,0001., to which be would be entitled
from his father Lord William. He told me that be owed
1,5001. to his army 'gent, of which be stipulated
for the performance. I did not perform that premier.
When he had the conversation with nie on the baud at
Dover, he wee not particularly excited, beyond the common
feelings of a man at the situation he was in. I should say,
I have not dated that he was half-mad. I won't say that
my question was cot in this form, " Were you not on terms
of intimacy with this person, after your marriage!" I was
not myself in the least excited. I was as deaf then
as I am now, but I hear in the open air. I certainly referred
to sexual connexion. At parting he took my hand. I said
" Well, I hope to see you together again." In the hurry of -
the moment I did not shake off his band. I did not say,
" I hope you will be as happy as ever again." Ido not
talk nonsense. (A laugh. Proceedings were not taken
till thirteen months utter this.
Re-examined—lt was after I had eau Dr. Pettigrew. I
have not the slightest idea how Major Fitzgerald got hold
of my letters ; but it must have been surreptitiously. The
matter on which I dreaded to open my lips was respecting
as advance of 1,100/. which I had made to her husband is
addition to • gift of 5001. She objected to that advance
The letter io which I called the major a Florence Nightie-
, galereferred to her first confinement. The agreement was
that I should pay 5001. within six months, and 1,0001. at
the end of a year. I let him have the 500/. at once ; and
when the other money was due, I wrote to him that u it
was intended for the mutual benefit of himself and
wife, it should pass through the lawyers. The answer
I received to that was the bond torn up. I said
hewn half mad when the police were called in at Dover
say it with relucteoce, but he was kneeling on the goer,
grovelling, and proyiog for forgiveness. At the interview
on the beach at Dover I had met him by accident. I cannot
positively say which spoke first, but we both broke into the
liaitver at once. I put the queation whether he had had in-
tercourse with Mrs. Mallet subsequent to his marriage. His
reply—" I won't tell she ; I have "—is surely sufficient to
indicate the kind°, intimacy I intended. The bit nf a letter
which I identified is evidently • letter to Major Fitzgerold.
Mr. Chambers—Sornetbing has been said about selling
out some of the trust fuods—there was nothing irregular in
that?
The J edge Ordinary—Oh, dear, no. Nothing of the kind
is imputed.
Mr. If tirldketoe —Certairily not.
In answer to the judge, the witness said that Major
Fitzgerald was kneeling in the &oleo- room before the
police were sent for. Considered his conduct violent because
be would not leave the house.
Mrs. 13ettisworth —I did not see my daughter much after
her marriage. Major Fitzgerald never spoke to roe
about her first confinement. I was down at Brides for a
fortnight before she came up to town with me. Major
Fitzgerald. was not there. I thought her unwell, and advised
her to go to Dr. Pettigrew. I know Major Fitzgerald's
handwriting. I received the following letter from hum. It
was addreneed to me at Dover, in July, 1861 :—"Ily dear
Mrs. Bettisworth.—l am lorry to hear but a so-so report of
you. I write this line to put you on your guard. Should
you or Mr. Bettisworth get a letter shout l ae—l won't go
into details, but merely don't answer it ; put It into the
fire. The person threatens my father, and he is prepared.
I have consulted Pettigrew, who has alvised to follow this
course. G. is in great force, thank God making hay, but
very anxious about ; but I hope this will find you really oa
the mend. If you want to write to in., direct to Army
and Navy Club, Pall-mall. London. I will thee get it here
without exciting G. So sorry to bother you.—Yours very
sincerely. "W. FITZGERALD."
I did not
did receiveleastinthe a le
understandwhatboutmo. ntzi
thenotealldled
I never a.
' This was before I went to Braden. In August, 1861,
I received a letter entreating me to see him ; bat on the
10th of October be some down to Dover, and forced him-
self into our house. He threw himself upon his knees,
and said gto me, " Oh, do forgive me ! do forgive
me!" I replied, " Ask your God to forgive you.
not me," and I desired him to leave the home.
He said " Let me stay five minutes and I'll go away
quietly." I asked him, "How came you to introduce my
daughter to that woman'.'' He replied, " Because I was
afraid of • breeze with her." I said, "1 her, you sacrificed
Jour wife to your mistress!" He raid, " Well.
it was rather green of me." He also said,
"I always bated that woman. No Billingsgate
prostitute could have sent me worse letters than she did.
He "
them threw up his arms Rod said, "Gad forgive ms. I
am guilty, and wille no one to advise me." I mud. " Voce
own friends be your best olvaers—your five
minutes have expired, and you must gm." I the.
nag the bell, and be went away. Ou the 17th
he rushed into the house an my daughter and I got in the
house. He apis Hung himself on his knees, and raid again,
" Oh, do forgive Then he rushed into the ng-
! violence, 1 celled in Superiates-
dent Conn.
te- I never hart words with the
übroomle.to.a.myftraoignbgteperr..
.1:1,1, him following her rouod the
By the Queen's Advom
respondent but come, when he shook his list in my foe
because I remonstrated with him for running up sod down
stairs whistling and singing after my daughter had been
confined three are. I was oat on friendly terms with him
been active iu getting up evidence. She went over to
but
tiavme
nfirmsot treh him.
tb.t she
eh have
my servant Swan, but I did cot know that it was Eliza
Beaufr:oe. I never made any complaint *loot Lord
Parisa servantlsi do
attend
Atmeye.dalSTernos;
mistress. I saw some one with
liam Fitzgerald's conduct in reference to hie settlement ou
my daughter. I have never sworn that my daughter sod
her husband should never come together again.
(The case was proceeding when our report left.]

COURT OF BANKRUPTCY.
(More Mr. Commis.intler Fans.)
IN RE MYATT.
The haokropt. • beer retailer, of htuu-street, riosbury.
applied for him order.
Mr. Sargood opposed for Mr. rudder, the ool) creditor,

iftamm