The Express.
London, England, 1862-10-08 00:00:00

Gardiner,
The evidence given on the previous maiden having been
read over, Dr. Comely said he wished to add that at the
post-mortem examination he noticed the impression of •
hand on the right thigh of the deceased, and also a similar
impression on the left arm.
Among the witnesses now examined was Dr. Sequoia',
who maid he had brown the deceased and bad
attended her for the last six years. On Monday, 15th
September, at • few minutes before eight, the female pri-
soner, whom he knew as Mrs. Gardiner's servant, went to
him, and said she wanted him to go sad see Kra Gardi-
ner, sa she had cut her throat, and said, " Do come di-
rectly, or she will be dead before we get beck." He fol-
lowed her to the house. He maw her go in, and went in
after. He went into the room on the ground floor, but saw
no one there. He then followed her up stairs the first
floor. The door was open, and she went in first. He followed
her, and there sew Hrs. Gardiner lying on the floor by the
side of the bed with her throat cut. There was a pool of
blood under her head and on each aide, but more on the
left side, which was the side of the wound. He felt the
body and found the extremities quite cold. He remarked
that she had been dead some time. Humbler said, " My
God, you don't say so." He heard some one cowls up the
stain, and on turning round saw the prisoner Gardner,
who as he came in maid, "What's this ?' and immediately
stooped down, and with his right hand took the knife which
was produced from the right hand of the deceased. The
hand was holding it on the breast. The back part of the
knife was towards the palm of the head, and towards the
bruit ; the point of the knife was near the throat He did
not see the knife at first, as that side of the body was in the
shade, from being partly under the bed. He maw Gardiner
stoop, and he immediately stooped to see what he was
going to do, and saw him remove the knife. He should
think that if the knife bad been in the hand at the time of
death it would have been more firmly grasped. He observed
the backs of the hands were bloody, but he did not notice
whether the insides were. He should think she had been
dead four hours at the time he saw bar. She was
pregnant, and that would account for the trunk
not being cold. The trunk was warm when be saw
it. He did net think from the nature of the wound
that death was instantaneous. He noticed the mark on the
thigh, but he could not say whether it was her hand • it
seemed too broad for her hand. As soon as Gardner ind
taken the knife from the hand of deceased he looked at the
prisoner Humbler, and said, " You wretch, you did this r
She fell on her knees, and called God to witness that she
knew nothing about it ; and Gardiner made the observation,
" Well, 'reline aboutit." He did not think deceased could
have done it herself, as from the manner in which she was
lying the bedstead would have impeded the use of her arm.
If the body had been moved, he did not think she could
have done it with her right band, and the knife
was in her right band. He should consider that
the sot bad been committed by some other person than the
degOOMed herself. He was present at the post-mortem, and
from the mature of the wound and the cuts on the fingers,
which he had not seen previously, his belief that it was
done by some other person was still stronger.
Mrs. Spencer went into the room first and the
officer followed. The knife was on the table where
the prisoner had placed it, and he handed it to Sergeant
Hobbs. There was blood on the knife, but it was quite dry.
There was no indication of • struggle having taken place m
the room. He observed the bed clothes. The bed spa
pared to have been slept in. The clothes were turned half
over, and the corner of the under sheet was under the body.
He thought the act must have been done on the floor. There
were no marks of blood ten the bed. There were several marks
of blood on the doorpost., against which her head was lying.
The prisoner Humbler turned up her clothes, and showed
her bands, but there were no blood marks, and her halide
I appeared to be grimed with dirt, as though she bad gone to
I bed with dirty bands. They certainly did not appear to
have been washed that morning.
' Cross-examined by Mr. Sleigh—He should think deceased
bad been dead three or four hours. He sew the mark of
• sooty hand on the left arm above the wrist, and also •
small sooty patch above the elbow.
By Kr. Goodman (chief clerk)—Gardiner did not touch
the body when he took the knife from the hand ; he took it
without touching any part of the body. It was when the
body was removed from the floor on to the shutter that he
sew the snotty marks. He was certain the prisoner (Gardiner)
did not touch the body between the time he removed the
knife and the time be observed the marks. He was present
the whole time, and if he had done it he must have seen it.
The wound was on the left aide of the throat, extending
from the apple downwards towards the shoulder. He should
think it began in the frost.
By Mr. Sleigh—lt was difficult to say whether it begaa
in front and was amend backwards, dr whether it was the
revere. He did not give it as a positive opinion that it
began in the front, it was from conjecture.
By Mr. Lewis—He did not say she had only been dead an
hour and • half ;be said three or four hours. He did not
say, "There's no appearance of murder ; it looks like sui-
cide." He said he did not think it was murder. lie
thought it was suicide. That was his first impression
when he entered the room; but as soon as he made the
slightest examination he altered his opinion. Before he left
the house he told Sergeant Hobbs he could not say pod-
tint,' until there bad been • post-mortem. He did sot
recollect hearing Gardner my, "Goo! God, is she dead r
Was quite positive Gardiner did not touch the left arm.
The point of the knife was towards the left side of the
throat. He did not think, from the nature and position
of the wound, that she would have been able to have
grasped the knife firmly enough in her right band, in the
position she must have placed it, to have done it herself, as
it appeared to be • sort of stab towards the spine.
Police-constable 579 said he knew the prisoner Gardner.
He was on duty in the neighbourhood of Northumberland-
alley, and was in the habit of calling Gardner in the morn-
ing. He indicated what time he wished to be called by
chalking on the doorpost. On the morning of the 15th of
October the figures on the doorpost were half-past 3, and he
railed him at • quarter-past 3. The prisoner answered
him by tapping at the window of the first floor. He saw
him at the window. He saw him again between half-past 4
and 5. coming from the direction of his house. He could
I not say exactly the time, but, it was light enough to see
Gardiner come up. He spoke to him, and apologised for
having called him a quarter of an hour before the time, and
he said, " Never mind ; be had made a mistake in the
Agana" He saw Gardiner again the same night. He saw
the figures on the post, nod rung to know if he
wanted to be called. He said, " Gardner, I'm
sorry for what's occurred ;" and be said he was
sorry too, and he did not think she would have been guilty
of such a thing, as they were on very good terms. Gardiner
wind him if he saw • light in his room after he left, and he
said no. There was no light when he called him. When
he saw him between half-past four and five he bad his Ma-
china with him. There was nothing particular about his
manner more than usual.
That was all the evidence that was proposed to be ad-
duced, and Mr. Sleigh proceeded to address his lordship, and
said that he did not see that there was any evidence against
the unfortunate girl Humbler, and his lordship interrupted
him, and said it was needless for him to go on, as be was
quite of that opinion—that there was no evidence to incul-
pate the halals prisoner.
Mr. Lewis. on behalf of Gardiner, said he thought he
would show that there was no evidence against his client
either, and that all his actions were those of an innocent
man. In the first place he was the first to fetch the officer,
which was not the act of a guilty man. Again, be had
called the attention of the police to the marks of blood,
and as regarded the marks of soot on the arms, the prisoner
had slept with his wife, and there was nothing to show that
those marks had not been there some time, and the pri-
soner's vocation easily accounted for such marks se these.
As regarded the scream which was heard by one of the
witnesses, then was no doubt that the act was committed
at that time, sod it was clearly proved by another witness
that the prisoner Gardiner was sway at the time that
scream was heard, which was six o'clock.
His lordship said he was of the same opinion as the
witness, viz., that the scream was from one of the children.
A witness was called, however, James Gardiner, eon of the
deceased, who stated that the eldest child was away, and
the only persons who slept in the house on the Sunday
night were the prisoner and his wife, the prisoner
Humbler, and • little child two years and • half old.
Mr. Lewis suggested that the scream could hardly have
come from the child. The medical gentlemen gave it as
their opinion that deceased could not have done it herself,
but still it was only an opinion. It was manifestly clear
that the amt was committed at the time the scream was
heard, and it was equally clear that the prisoner was absent
at that time. There was no blood found about him, and
when be might, if he had been guilty, have escaped, he had
remained and given every assistance in his power.
His lordship said he was of opinion that the evidence
was quite sufficient to justify him in committing the pri-
soner for trial, and be was bound to send the case before •
jury. He bad his duty to perform, and be coasalered hie
duty was to commit him for trial. As regarded the girl,
he had beard oothing to inculpate her, and if it were in his
power he should discharge her—and, as far 1141 be was min-
she was discharged.
Gardiner then received the usual caution, and said he
was not guilty.
The prisoners were then removed from the bar. The
prisoner Humbler will of course be detained on the coroner's
warrant, notwithstanding his lordship's decision.

LAST EXAMINATIONS.
Oct. 93. J. Penman, Graftonetreet, Tottenham-c.._
aninalasion agent-Oct. M. A V. Dufour, Maismoreemns
New Peckham, schoelmaster-Oct 28. M. li Heathoote, Air
street Regent-Ml*ok late an °Meer in the army-Oct. 233. G. W.
esager, Parketreet, Cen-town beer seller-od.
Cambridgeetreetam, Kding's MO,M oil merchant-Jan. S. P.
Hall and W. Hall, Chester-street, Lambeth, builders-Oct. 31. P.
Omit, Red Llthequare, printer -Jan. 2. R. Drake, Chatham.
tailor-Nov. 21 Whittheld. Guildford, carrier-Nov. M. C.
T. Athol., HallifordeSreet Islington commercial traveller-
Nov. 29. Anna Martina Mecca, Southampton. venom cutter-
Nov. 29. W. Johnstone, Brighton, grocer-Doc. 19. T. Waters,
Nottingham, linendraper-Oct. 27. O. Tanner, Caine, Waddle,
brazier-Nov. 4. W. Perkins!, Haverfordwest, printer-Oct. 28.
P. Capes, Swansea, hardwannaan-Ort. 21. I. Bailey, 1994
mason-Oct. 11. J. Winder, Leeds, cloth dealer-Oct 21. T.
Hellawell and A. A. Irvin, Halifax, eotten sphusers-Oet. 21. T.
Barber, Leeds, csModerar-Oct V. R. Berrie, Ueda Rath
manufacturer-OM 16. T. Grieve. Kingston-uponanll, coal
merchant-Oct. 29. H. L Toisit and W. W. de Bully Brown,
Kingston.uponll, shipbrokers-Oct. 29. 1. Xylem. Loath,
Lincolnshire, dealer in calves-Oct IL IL C. IOW& X
upon-Hull. underwriter-Oct. U. EL Gartner, Collinear:V-
alk.
shire, bricklayer-Oct. 16. W. Zpten. North Thoreaby, Lineota.
shire, farm bailiff-Oct. 22. H. Ml.onghlin, Liverpool, taming
store dealer-Oct. 21. T. Gardner, St. Helens, Lincashire,licesseed
victualler-Oct. IL J. Roddy, Liverpool, neat's foot oil maltase-
tures -Nov. 6. P. T. Pletcher, Stockport, Soar dealer-Oct 21.
R. Thomas, Sale Moor, Cheshire. salerman-Oct. 21. T. Simpson,
Jun., Birmingham, sheriffs officer's assistant-Oct. 21. C. L
filthy, Birmingham, wrtUng clerk-Oct. 21. 0. Bathe. Binning-
ham, provision dealer-Oct. 21. W. Loglay, liaMalltheath, War-
cesterthire. Journeyman stonemason-Oct 21. W. Heslingtee,
Birmingham, lamp manufacturer-Oct 21, .1. Green, arming-
ham-Oct.Harrison, rmingham, areistant to an sem-
rolderer-Oct. 11. T. Willoos, Bituguldtallts butcher-0A 81.
C. Shepherd, Birmingham. Journeyman ender-let EL li.
Barite°, Birmingham, shoeing-smith-OM. 21. 0. Downing, liar-
borne, Staffordshire, Journeyman tool poker-Ott2l. T. J.
Wilkinson, Birmingham, stationer-Oct. 21. H. W. Onibler, Dir.
mingbara, commisgion acent-Oct. 21. J. Stacey, Btraringliam.
bootmaker-Oct. 21. Mary Ann Moles, Astos-Jultaßirmlagiman,
baker -Oet. 21 W. Hunt, Birmingham, retail beewer-Oet IL
W. Bmlee, Birmingham, horse hair manufacturer-Oct 21. 0.
Bradley, Balsall Beath, Worcestershire, baker-Oct. 11. IL
Power, Birmingham, milkman s assistant-Oct. 21. 1. Devine.
Alcestor Lanes End, Worcesterahfre. licensed victualler-Oct. 21.
T. Taylor, Birmingham, gilt toy maker-OCt. 21. A. Powell, Bir-
mingham, painter-Oct. 11. J. F. Russell, Birmingham, refresh-
menthouse keeper-Oct. 21. J. Jones. Birmingham, Journeyman
confertioner-Oct. fa. W. Wilson, Birmingham, shoemaker-
Oct. 21. W. Phillips, Aston, Warwickshire, and Birmingham,
Jeweller-Oct. 21. A. Wood, Aston, Warwickshire, Jeweller -
Oct. 21. Rather Jennings, Waster, Birmingham-Oct
Phillips, Aston, Warwickshire, and Birmingham. gilt toy manu-
facturer - Oct. 21 C. Ledford, Aston. Warwle Ire, clothes
dealer-Oct. 21. P. Bantam. Aston, Warwickshire, glass dealer-
Oct. V. R. liOnagal. Everton, Lincathire, undertaker-Oct 21
E. Barrett, Evertor, Lancashire, gasfltter-Oct. V. W. W.Lloyd,
Liverpool, archttect-Cret W. Hill, Liverpool, foreman than
omnibus company-Oct 22. W. Beckett, Oilliogham, 04. Mary.
Norfolk, farmer-Oct. 27. Elizabeth Lee, widow. Bishop's Cleave,
Oloucesterthelre. late beer retailer-Oet. 24. T. Parker, Warwick,
frniterer-Oct. 24. D. Morley, Halifax, Yorkshire, woolsorter-
OM. 24. J. Farrar, Halifax, Yorkshire, commission agent-Oct.
24. T. Parkinson, Halifax, Yorkshire, late lice need victualler-
Oct. 24.5. Wilkinson, Hipperbohne.cum.Brirthome, Yorliebtre,
lath fumer-Oct. 24. T. Harder, Halifax, Yorkshire, Journeyman
corn miller=Oct. 24. W. Thomas, Sowerby Bridge, Yorkshire,
watchman-Oct. 21 O. 9herrltt. Oodalming, Surrey, coal mer-
chant-Nov. 4. O. Martin, York, bread baker-Nov. 4. W. On-
lade, York, coal merchan-Oct. 27. E. F. Marsh, Bristol, com-
mercial traveller-Oct 28. t T. Tilling, Bristol. beer retailer-Oct.
28. C. Miles, Bristol, chair maker-Oct. V. W. Hawkins, Bristol,
boot maker-Nov. 7. D. Ackland, Herriard, Banta, cattle dealer-
Oct V. R. Cumberhatch, Great Bolton, Lancashire, engine titter-
Oct. 30. V. Ivory, baton, Bede, straw hat manufacturer-Oct. 30.
J. Allen. Luton. Beds, painter-Oct. 21. It 31ellson, Swinatead,
Lthmleishire. farner-Oct 20.1. It Cricket!, Margate, bathing
amistant-Oct. 17. T. Pooley, Stowinathet, Suffolk, furniture
broker-Nov. 6. C. Ballard, Elm-terrace, Hackney, boot maker-
Nov. 6. B. Musters. Minternetreet, Printer-Nos. &
J. Wood, I/anthill-walk, brewer-Nov. 6. G. Charlton, Hartley.
row, Banta, builder.
BANKRUETCY ANNULLED.
Sept. 23. CUM= 12.1.1011, Kippax. Yorkshire, grocer.
JOINT STOCK COMPANIES' ACTS.
LtsTIPOOL TRADES/DOS Loan MISLAY (1.111111 D:. Oct 14 91
11, at Liverpool Coat-to make a call.
DECLARATIONS OF DIVIDENDS.
TITER ANDIIII3III, Manchester, fancy bag maker-let dividend
of Is. aid., Oct. 21, and any subsequent Tuesday, at Frown's,
Manchester.
.70118 STUWAILT, Ashton-under-Lyne, licensed victualler- lit
dividend of Id., Oct. 14, and any subsequent Tuesday, at
Potts, Manchester.
BALM WOOD, Manchester, timber merchant-lat dividend of
1.. 84d., Oct. 14, and any subsequent Tuesday. at Potts, Man-
chester.
Tamar Doming, Bothen, Laneathire, bleacher-lit dividend of
3s. Id., Oct. 14, and any subsequent Tuesday, at Poet's, Man-

Chester.
MOURAT TRNOTILIDT, Mancheste
and onstantinople. merchant
—lst dividend of la Rd., Oct. U, any subsequent Tueaday,
at Putt's. ldanchester.

DI V I DENDS.
Oct. 22. T. (1. Collier, Disnopsgate.street Within, City, licensed
victnalkr—Oct. 22. R. W. Johnson, Lombeth.road, licensed Me-
Planer —Oct. Y.S. W. Cooper, Orford, innkeeper—Ott. TEL W.
Paine, Mae), Survey. farmer—Oct. 20. H. Stanton. Leeds, pro-
vision dealer--Oct. 20. J. Grieve. Liverpool, drysalter—Clot. 21.
W, lt. Smeathers, Liverpool. hatter—OeL 27. J. Halley, Tent
Lancashire, thread polisher —Oct. 21. It. J. Sorb'', Hahne, re-
gistrar of births and deaths-Oct 29. J. Dobbs, Manchester, inn-
keeper—Oct. 01 IL 11. Weeks, Bristol, wholesale confectioner—
Oct. 24. IL Dixon, Bedlam, Northumberland. gunsmith—Nov.
4. W. Sparks and E. Brydges, Strsnd, ironmongers—Nov. 4. 21.
Ilturouvh, New Sarum, Wiltshire. banker—Nor. 26. J. Taylor,
Manchester. grocer--Oet. 29. H. Party, Liverpool, merchant--
Oct. 29. J. Watt Liverpool, merchant.

-
PARTNERSHIPS DISSOLVED.
J. A. Dodd and A. JVCartney, New.road, St. Cl•orggs, last,
tobacconists -F. Sontag and G. P. Simpson, Buglawton.Cbeshire,
millwnghts—H. AvDon and O. Atlaon, Crosaland Moor, near
Huddersfield, Yorkshire, cloth Inishees—M. Underhill, C. Un-
derhill, H. S. Underhill. and W. M. Underhill. Oxford,
so far as regards C. Underhill-0. Virtue, A. Hall, rodo. H.
Virtue, Paternoeterivw, booksellers—T. R. Wells sada. Hat-
ton, Barbican, mi.rtners In the Barbican Loan Society—J. T.
Pagan and T. B. Williams, Rochdale, Lancashire, woollen our,
nnfacturers —J. Hopkinson and W. Hopkinson. Bury, Lanes-
shire, quarrymen—T. Hennell and T. W. Eld, Coventry, ribbon
mannfarturers—J. Schofield. J. Kirk, and T. Marshall Almond-
bury, Yorkshire, ironfounders, so far as regards T. Marshal—
C. Peachey, son., and C. Nutley, jun., West Tarring, Sussex,
farmers—J. Leverudge and E. C. Pressland Taunton, Somerset-
shire, architects—W. Laight and T. Webb, Brettolidane,
diaf-
for coal merchants—T. Barton and T. Maher, Weettgain,
wick Staffordshire, washer manufacturers—C. R. Landon mad
J. Easton. Vigo-street, Regent-street, woollen warehouseman—
T. P. Cunliffe, J. Bury, and A. Leaf. Manchester, a
law, so fares regards J. Bury—J. Wynne and 11. S=ft:
Birmingham, machintsta—J. Puna, and W. it. Robinson, loath-
amnion, carvers and gliders—P. H. Lloyd. and W. L. Van Rest,
Albion-buildings. Aldersgateatreet, manufacturing silversmiths
—J. N. Ludo and G. J. H. Mangano., Mincing-lane, City, general
brokers.

800TCH NIQUESTRATIONS.
Pierce Wm. Greenhorn. Liolithoortahlre, wooer, Oct. la, at Hu
Star and Garter Inn, LJolltbsow.
IIIiNCI4JAMR9 CROIMINA:II., Elgin. draper, get. 10. at the Got,
don Arms unut. nee.
WILLIAR VALDIII, MAMMY. Banffshire, baker, Oct. 14, at the
Bolletteet library Room. Bent
WILLIAM MATHISON (deCeSICV, Inveenees, baker. Oct IS, at
the Gahm Hotel, Inrerusaa
LaAanaa Miura, Paisley-road, near Glasgow, merchant. Oct.
17, at the Crow Hotel. Glasow.
Joni 110,01irsoi (deceased), Apringbuni, Lanarkshire, builder,
Oct. 10, at the Faculty Hall, Glasgow.

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. .

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