The Express.
London, England, 1863-12-25 00:00:00

rmimtriums As GULDFOILD.

Joseph MaAarg, 26, a sergeant is the 3rd Buffs, a smart,
soldier-like looting young roan, was charged upon en bathe:t-
oter, and also by the coroner's inquisition, with the wilful
murder of Elisabeth Waterer.
' The prisoner, when called upon to plead to the charge,
mid, in an emphatic manner, "I am not guilty."
Mr. Lilley and Mr. Sharpe were counsel for the proems-
Moo. The prisoner bad no legal manure, but, at the
request of the learned judge, Mr. OppeuLeini watched the
cam on his behalf.
The learned counsel for the prosecution opened the cam
to the jury se or of a very painful and extraordinary chs.
mater, sad although the trireme was charged with the
mime of wilful murder, it appeared to be admitted that the
case sow not as ordinary otie of murders but that the pri-
soner and the deceased bad intended onginally to commit
suicide, and as the prisoner was the survivor be was charged
with the crime of murder by having aided and assisted the
unhappy woman to destroy bee owe life. It appeared that
the primmer, who bore a very good character as a soldier,
and who had recently returned from China, whets he
bad been engaged in the recent war, was stationed with his
regiment at Aldershott, and he had formed an intimate
00110113Li01) with the decreed, who wee a respectable young
woman, about his own age, sad who, at the time of the
occurrence, was is the service of a family at Guildford. On
Sunday, the Ist at November, the prisoner and the detained
met in the neighbourhood of Guildford, and about half-pest
eight o'clock AS night they went to a beer-shop to the town
milled the Coseltinakers Arms, where they asked for •
lodging, stating that they were man sad wife. A bedroom
was provided for them, and nothing particular appeared to
have occurred down to Friday morning, but on every OCCIM
mon when the prisoner sod the deceased were seen together
they appeared to be oa the mast friendly and affectionate
terms. The dreamed was seen on the Monday and the Toes-
day, but not afterwards, end the last that sae seen of the
prisoner was of Thursday evening. It should be stated that
no the Wednesday morning the landlady tech up the break-
fast to the bedroom, sod at this time she observed that the
deceased was in bed, and apparently asleep, and teem what
afterwards transpired there appeared tube very little doubt
that at this time she was dead, but it appeared that the pri-
soner stated to the landlady that she was asleep, and that she
had not been very well all night. On the Friday morning
it was observed that the key had been removed from the
door of the bedroom occupied by the prism,/ and the de-
creed, and that the door was looked, and no answer being
given when the landlady knocked, suspicion was excited and
the police were sent for. Mr. VinWer, the then super-
intendent of police, acoompenied by Steeds, a sergeant,
promptly arrived, sod upon their being informed of the state
of affairs, they at once broke open the dear of the bedroom
occupied by the prisoner and the deceased, and a dreadful
mete then preeeoted Wish!. Upon the bed were the two
human forms' one being that of the unhappy deceased, who
was quite dead. and in such • fearful state of decomposition
about the head and neck that not a single feature wee
discernible. Her mother, who saw her shortly after.
wards, was pliable to recognise her by her features, and
the wretched girl was only identified by other
circumstance* that were deposed to is the course of the
inquiry. The prisoner wm lying by the dead body. He
bad nothing on but his roamers and his socks, sod he bed
• dreadful wound is the peck, and appeared to be almost
deed from the low of blood. By Iris side were • table-
knife covered with blood, and with which instrument he
bad no doubt inflicted the injury on Lis throat, and also a
drawn bayonet. Upon a post-mortem examination of the
deceased it was observed that there were some mark+ round
the neck as though it had been constricted by a cord, and
upon the stomach being submitted to tests there were dis-
covered wh.,t were at first supposed to be traces of strych-
nine, but subsequently the medical gentlemen who were
called in calm to the conclusion that death was pot occa-
sioned by the administration of strychnine, but by steepen-
hilloo. When the room was examined • piece of clothes
line was found under the bed, and also • paper which ap-
peared to have covered a picket of Butler's Vermin and
Insect Killer, and which was marked "Poison." The
police also found in the room several letter, of which the
following are copies. The brat was dated November 3, and
was &Wearied to the sergeant-major of his regiment :
"Sir,-1 presume in sending you tamps few lines, as 1 know
you are always& good friend. I seed you this as a favour; I hope
you will aocept the mine for me, as lain about to take my de.
pasture from this world, tad I hope you will take care of
yourself, as regards company, as it bas brought me to this
rubs, but I gm no blame to them. I conclude with best
respects to an the enema " JOtIEPH Ma aria."
- " • • •

The next letter was oseaddremed by the deceased to her
mother, and was es follows, sod there was some evidence
that it was in the handwriting of the primmer.
" Guildford, November 3.
"My dear Mother,—l think fi rather strange your not
answering my last letter which I mot. I think it very
unkind in you not doing so. Is a short time you will seed
to me a long farewell, as I am going with Joseph Dfaberg of
the 3rd Regiment, at Aldershoet. I think my time will be
very short in this world, as I am very much attached to
him. I blush when I 'etiolate this to you, but as a mother
you must know what youth la. So I have made up my
mind rather than part with him to take some deadly
draught. But do not blame Dim fur this, as
you will see both our names in the newspapets.../
likely he will pas t the blame of this, but I bops It
my declaration you will contradict it. Dear mother,
Tr
kindly bid yews)) farewell, and as we will not meet in this
world. I hops we shall in the world to come. My boxes
are at Guildford station ; there US two of them. Good
evening, with my beet respects to all inquiring friends.
May God In by Jadeite mercy direct you all is the wish of
your ever loving and affectioeat• daughter,
" ELIZASIMI WATERXIL"

Another letter was •ddne•ed to the coroner, sad was
handed to • pofioe.coast•hle by the plume; on the day
appointed by that functionary for proceeding with the
*wry. It was at fellows :

" I do not bow what to write what you owe& for ; shall
I pat thin day the 26th of the month—ebere am I piss
OW that! I may let you nom that we bethparterth et
the polio at the seem time, bull** pith that I irk, lilt
the gave me, ate bought at soother shop. It ha e Yee
cover. Hall an hour afterwards the wee dead. 1
was the night of the 3rd. We both said, se the wean nth
leave me, we would die together. She died ki Int earth
Ge the Tuesday netting she bad a rope used mend bra net
who I sate up-stairs. At night we both Oaths
is ghee gin about 630 pm. We both sent. al least rklar:
letter to both our mothers ea the Obis. I diet with thy
one to see this. Dear frierA, I don't care. I wish Is eel
I bad won with her. "Janet Ilanine.•
The letter written by the primmer to his mother wood
the sante character as that wittier by the deceived. It
ecotabied a number of quotations from Suiptare, sad a-
prons& the intention ci the writer to de troy himself.
The following letter (partially boned) was also lotted.
It wee addressed " To all niece:ad this night :"
"Guildford, Nov. 4,1863.
"Bo now dear Elisabeth the lies by my side. May eh
feed have mercy epos en: souls--else lived—did the
same. 1 hope our bodies in one gram-3 this memsthe the
draught abe did take—although I partook ti it was set
quit* safe 20 minutes after—ace did then expire, sad I was
left weeping here in bet cold arms. She old 'Ain yea
coming '—as we both drank together. 1 hope see will mesa
in the sot world together [hero the letter werleatest
lent in pleat of cold—that she had given me
although the is cold bee spirit is sear. I have watched sad
essemed her all this cog day, but now deer Nimbi& a
Mgr the dog, end abortly after DOW we will both loss
port." [The rest of the letter was
Whoa the primer au before the oareeer he mithethe
following statement :
"Sir,—On the evening of the 3rd, the yen/ *I spikes of
seemed to be in trouble about the boar of lath I 111111%
downstairs for some ale. and whim I cum up I hoed crepe
card need her neck. I took it off, sad hales pethe to
bed, we both partook of some pollee. the altimmedsdied
in my ores. That's all, sir, "AMUR /IMAM."
A. amber of winos/es were called to prove what may be
called the formal facts of the case, namely, the meet* of
the prisoner ar d the deceased es the eveates of the let of
November, and their taking up their abed, at the beer-
shop, the discover)- of the bodies, ho Very few gumshoes
ware nut to them in croinioneeisation, and ail the whoseNe
osecurred in stating that the presser and the deesseed act-
peered to be on the mat frieedly terms, sad that there
me not at any time the slightest indication of ill-fesliug
existing between them. It was also proved that an the
3rd of ovember which day she was supposed te have
died, deceased had purchased a threepeany pethst of
Vermin Powder, which, it appeared, would ham
oretained about two grans of strychnine, at the shop et a
chemist named Lucas, in Guildford.
The medical evidence that was given was of a very assent-
lag character. Sinus. Phillip and tells, two teedical
patlemen practising .t Guildford, who made a postman=
examination of the body, stated that, in the first imenem,
they were of minim that step:beim was the muss of death.
but it appeared that no trace whatever of the minima of
that poise was found in the stomach of the deemed. This
fact, coupled with the &optimum:en exhibited by the Weft
sad lungs, it appeared, thawed them to come to the ceett
°twice that the deceased did net die of poises, hot frets
strangulation and they suggested that the repo that wee
footle the room was the instrument of death. It=
however, they expressed a street opinion that
lion was the came of &ails, they at the 'same time ad-
mitted that many appieneoes that generally presorted
themselves epee a nosh mertein examination la coen of
Soo, were anent in this ease. Oa the other band,
trgalor, the eminent lecturer on chemistry, sad whose
lay experience in such cases renders his opinion of
he stated that, having paid fall attention to all
te described by the other two medical gentle.
rasa as presenting themselves upon rho poet-
' mango examination, be had come to the ear
climes that the death of the deceased WOO ocoo
skated by strychnine, and that all the farm
negatived in the most positive manner the ruggerties that
the death arose from strangulahoo. He at the ono lime
expressed his opinion that meat of the that
were relied upon in rapport of the b of the balk
beteg caused by straegulatiou were solely te be seedbed
to the state of decomposition of the bay;
whit sadthet with et-
gard to the absence of rigidity alter death, widi was mo-
tioned as me ground for Degativing the =writhes that
the death was occasioned by strychnine, be said that rigidity
of the body always ceased immediately deconiporitino sal is.
Dr.Tayler also mid with regard to the fact of no stryokethe
being foetid is the body, that this did not in aerial peeve
that this poises was not the ono of death, malt the
sent tam in all probability a small quantity only was
just sufficient to cause death. and that it wee absorbed is.
the system. havtag performed its deadly alio, leaving art
trace behind.
Mr. Oppenbeim, at the clogs of the ease for the prance-
tioe, made en able eddiess to the jary on behalf of the
prisoner, and he °Denuded that upon the evidence before
them it would be almost monstrous for them to cease le the
coeclusiou that the deceased died hoes Oraugulatioe, sr
that the prisoner's was the heed that caused her death try
that mean,. He then proceeded to argue that there math
be no reasonable doubt that, for some reason or Mho,
the prisoner and this unhappy woman bad Agreed to
destroy themselves, and is all probability they both took •
portion of the triton. but that which was taken by the
mmer was iesotEcient to ono his death, mid that be thee
attempted to destroy bimetal( by cutting his threat. He
urged that at the time he so stied he could sot bate boa
in a state of mind to be Impossible, criminally, fee hie se-
(ions. mid upon that ground he called upon the jury to emit
him, obtaining that if the act of the prheeer bad resulted in
hisdeath. he was certain that• osroeer's jury would without
least hesitation have said by their verdict that be wee is-
ms* at the time he committed the sot that caused his
death.
Baron Pigott summed up the whale of the evident' with
great care and minuteness. He mid that if the jury
believed that the deceased died Don stesogulation, or the
mode suggested, sad that the hand of the peaeeerwas the
cause of her daub, of course it weald be duty to led
him ratty of the offence with which he was charged. If,
however, they should think that it mouth @etiolation*
established that the death was oeconsed by straegulatime,
but that poises, was the cause of death. arid that the
prisoner and the deceased bad mutually speed to destroy
themselves by taking poison, it was his duty to tell them
that in law the princes would still be amenable to the
charge of minder by having aided and insisted mother to
commit the crime.
The jury retired at twenty minutes past 3 o'clock to deli-
berate upon their verdict. and is about half-as-boor they
returned into court sod foetid the prisoner Guilty as en
scoorsory before the fact to the commission of the murder,
but at the same time strongly recommeeiled hint to mercy
on account of his good character and the cirmunstaecee

oonnethed with the-crime.
The prisoner, when called upon to state whether he had
anything to urge why sentence of death should not be weed
upon him, replied, " lam not guilty."
Baron Pigott, having pot on the black cap, addressed the
primer. and said that, after a very careful coosideratioe of
the evidence, the jury bad found him guilty of tieing an
aceeesory before the fact of the crime of murder, by which
he understood them to mean that he and the &canoed bad
both agreed to take poises, and that he had aided mid
melted her. and that her death wan caused in thin romper.
He thought there could be so doubt that he had ae'ed very
ill to this unhappy young rim oan. and that in the dietrem of
mind oceasiooed by hie conduct she had resolved to destroy
herself hy taking 'mime. and thus put an end Lathe state of
misery in which she toned herself. He did not desire te
aggravate the distress of mind which be must feel in his
peaseet position, end all he had to do was to pees upon bun
the :sentence of the law. He the proceeded to pats the
sentence of death in the usual form.
The learned judge then addressed the jury, Goal acid that
he had no power to act upon their recommended-ma to
mercy. but La would take Hire that it should be transmitted
to the proper quarter, when it would no doubt receive fall
I eglantine.
A cuticles scene occurred in the court on Wedeeaday
sinning. Five young labouring men were charged with •
feloniou. assault norm • young woman named Elizahath Ellen
Pinter : and after some evidence bed been adduced the pro-
arentrix was called es a witness. When she came into wart
she conducted herself in a most extraordinary Milialelt, ex-
claiming frequently, with the utmost vehemenre, that all
she wanted was to one Harry Grey (one of the prismen),
and to know when he was. At the request of the court.
a medical gentleman who was present was asked to examine
the protecutrix, and be at once pronounced her to be its •
Mate of intoximtioe. The learned jodge thereupon ordered
bar into cuntenly, esti as there was no evidence against the
priemen without her testimony, they were ACY,tlgtfrd.
Yesterday the ',Happen. egniont whom there was another
charge crisis, out of the SAMS transaction, were amain plated
at the her: but Kr. Robinson, who woe inatrueted to pro-
smuts, declined to offer any evidence against them, and the
jeer again returned a verdict of Not Guar/.
The prosecuteix was then ordered to be brought op, and
the learned judge addressing her said he was to am
that she was in sidifferent state now to that in which she
had appeared before him on the preceding day. It was a
great contempt of court for soy perms to MPG forward me •
wiles,s in a state of intoxication, and imbed felt it his duty
to commit her for that contempt. She would now, bow-
ever, be discharged, and he hoped that what had taken
place would be a warning to others not to not in a similar
manse.

NORTHERN CIRCUIT. —lavrartwsu Dre. Z.
Ciow COVIT.--faiior• NT. Jodie* W

James Cucapayl4. aged 21. was indicted for haring. at
Liverpool, no th., 24th at September, felooiouslv, nod d
his malice aforethought, killed sad murdered use I.l,zabeth
Oaranagh.
Mr. Preston was counsel for the prosecution, and the
priemser was defended by Mr. Ceram.
His lordnhip. at the °peals( at the cad, mid it =
be a relief to all persons engaged is the am to fay
the prisoner might be properly tried fse the abut
charge of manslaughter. He had careful}, tom
lis
depositions and he said **thing at the ad item bs gm
satiated it would be quite sufficient for the ads d
public Judice to try the prisoner fur the minor anus
of manslaughter merely. The taste of the came woo
briefly as follow :—The prisoner and the deeded}
were man and wife, having been married about tow yaw
ago. am! !boy at No. 3 house in Newport-street. De-
ceased woo 2. year. of age. The prisoner woe a C.0.111:11111111t.

lt emend that soon after their marriage Cavanagh cam-
eramen a course of brutal ill-treatment to his wife, beating
her on many occasions till the blood dosed and
as nether tunes thredening to take away her life cud that of
Mw of her family. She unfortunately was addicted to
habits of inoriestion, sad it would seem that, whether well
loaned or otherwise, she bad excited in her husband's
and feelings of *long. On day at the commencement
of September last 110 eras away from his honie—besieg then
brio( is Paget-street—and oe kis return iu the aftesnoon
be fond his wife at home suckling his child, and
second her of haring bees out all day with some
ethee oleo. She denied it, when he ran at
bee, struck her on the reuse and mouth with his
'leached fist, rod knocked her and the child down on the
Goer. When she was on the door he kicked her, and he
also kicked his mother-in-law, who went to her daughter's
sr:stance. lie bail a hatchet in his hand, and after thus
berbaronely treating his wife and her mother he commenced
mashing and breaking op the furniture. Frequently
afterwards the deceased complained of extreme pain about
her body. On a subsequent occasion one afternoon, after
meth quarrelling with his wife about tea, she having
elesplained of being too ill to take that meal and
impressed a wish to go to bed, he struck her
with his clenched fist on an old wound on the forehead,
sawing it to bleed. She became insensible, and so con-
tinued till the next dm Dr. Samuel, and Mr Lauehlan,
surgeon at the Not therii Diepensary, afterwards attended
eke deceased, the latter on the 22nd of september. She
died on Thursday, the 24th of September. Previatis to bar
death the deceased said that her husband was the eases of
bar death, having inflicted the wound on her head by kickrag
her, and he. being preen% at the time, made no reply. Mr.
Laughlin said the immediate cane of death was iadamma-
tin of the membranes of the brain which might arras from
isjuries or front the effects of drink. The demos, of course,
lill• that death was the result of the latter muse.

The jury returned a verdict against the prisoner of Gail('
if nisnelaughter, but coupled with their verdict a ramose-
mendation to mercr, on account of his wife's improper cam-
duet sod drinking habits.
iii. Lordship, in passing sentence, said that the prisoner
vas, he found, a ism of bad character. Prisoner was sen-
tenced to six years penal servitude.