The Express.
London, England, 1863-08-13 00:00:00

[Stamped, Id. Additional

THE FATAL OCCURRENCE AT BIRMINGHAM.
The inquest on the holy of the man Thomas
Jefferson, a caster, who resided lo Tref&lganplaos, Bissell-
street, Birmingham, and who met his death at the bands of
a neighbour named George Higoett, a tobacco maker, wee
held at the Calthorpe Arms, Bath sow, on Tuesday. Mr.
Edward Powell attended to watch the ease on behalf of
Illgoett. The hest witness called was
Mrs. Jefferson, the wife of the deceased, who after
speaking to the identity of the body of the deemed, said—
My husband came home from work at about seven o'clock
on Saturday evening. Having stayed in-doors about an
hour, he went into the Pilgrim's Progress public-house. in
Bissell-street, to get some ale. He afterwards returned to
the house, and I, at his request, fetched a pint of sle
which was thank between myself, deceased, and one of hi;
shopmates. I then went out to market, and my husband
returned to the public-house. I came back at about eleven
o'clock, and found him iu the house playingwith thectuldree.
Shortly after I entered the house deceased left home again
for the purpose of going to the Pilgrim's Progress. He was
then quite sober. As he did not return, I went infer him
shortly after eleven o'clock. He was these drinking. He
left the public-house before me, and I met him in the street
at about a quarter to twelve o'clock. Although not exactly
sober then, he was not intoxicated. We went indoors to-
gether,3oot and prepared for bed. I had only unlaced one of my
when we beard the screams of children in the yanl.
My husband said That man is on *gain. He's always ill. Go
opt to him." He knew that it wsa Higuett, the father of
the children, by his voice. Hignett lives next door to as,
and he frequently disputes and quarrels with hie wife. The
door having been unfastened, my husband went out. I
stood at the threshold of my own house. About three
minutes after my husband went out I beard two blows,
the sound of which appeared to proceed from Hignett's
garden. It was so dark I could not sae what was taking
place.
The Coroner—Before the blows did you hear any words
spoken between the patties?
The Witness—Hignett said, "I'll make it warm foryon."
The Coroner—Was there any condition stated, do you re-
member?
The Witness—No.
The Coroner—Are you mire of that?
The Witness—Yu. I don't remember.
The Coroner—l do not like hushing ; but did he not
say, "If you come in hen, ll make it warm for von ?"
The Withal—Yee, that must be it. He did, I think.
The Coroner—But why must it be it ?
. .

The Witneris—l don't know, 1 don't remember whether
there U.S any condition or not. I won't undertake to say.
The next thing I heard was some one to say, "Oh, yon
coward. Why, it'. poor Jefferson." I then rushed out,
and found my husband lying down at the gate of H4oett's
house. He was bleeding from the back of his he'd. He
also complained of • pain in the shoulder. He said be had
been hurt, and I understood him to say by Hignett. I
then west for • policeman, while a neighbour bathed the
wound. The police officer came, and took Hignett to the
Alcester.etreet police station. The deceased also went to
the police station to prefer a charge against the prisoner. It
was then about three o'clock. The neighbours shortly after-
wards said that the deceased was sinking fast, and he was
thereupon placed in • cab, and taken to the Queen's
Hospital. Although my husband end the deceased have at
different times bad one or two little differences, Ido not
think there was any malice on the part of Higuett towards
the deceased.

Jo orces•examinatinn by Mr. Powell the witness added—l
know Mignon said " I'll make it warm for you," because I
am socustomed to his voice. I did not bear klignett tuie
any other words except those I have mentioned. I was very
much agitated at the tune. . . . .

Jobiiifates, Trafalgar-place, Bissell-street, branfonnder,
stated—At about twelve o'clock on Saturday night I was
going up our yard when I heard Hignett sod hie wife
differing. Shortly afterwards I saw Higoett come out into
the garden, and there struck his wife. There ware about a
dozen persons standing round, sod some of them said that
he ought to be ashamed of himself. Jefferson, who bad
heard the disturbance, then came out of hie house and
challenged Hignett to fight, saying, "If you want to
fight, I'll fight you." He then went to Hignett's gate, and
tried to get in to hit him. He put up has fiats before he
got to the gate. Hignett then said to deceased, "If you
come in here I'll wake it warm foe you." I then took
Hignett's wife, who was standing by the brewhonae door,
into the house. About two minutes afterwards I saw His-
nett standing at the door with something in his hand. I
"What's that"' If it's the poker, don't use it. If
he armee in use your fista." I did not name any person.
I then left the house, and came out at Hignett's garden
gate. Jefferson, who was standing just outside the
then rushed by me into the garden, saying, " I will go in
whether or no." Hignett then stepped about two yards
from the door at which he was standing, and struck
Jefferson upon the shoulder with the poker ; be followed
up that blow with another upon the back of de-
ceased's head, which felled ..iefferson to the ground. The
deceased tried to get up, but failed. I then got pushed
into Hignett's house, and the door was locked after me.
I don't know who pushed me in. Hignett was there with
me. When I C141:00 not deceased was gone away. Half
so hour afterwards Jefferson came out again, and said to
Hignett, "Come out you —, and fight ; I'll fight you
now." No person struck Jefferson but Hignett.
By • Juror—l considered Higoett sober. Ten minutes
elapsed from the time the deceased put his fiat np to Rig-
nett till the time he rushed into the garden.
By the Coroner—During those minutes deceased was
swearing, and challenging llignett to fight.
By the Juror— When Jefferson rushed into the garden
be ran towards Hignett. I was about two yards distant
from the parties when the blows were struck.
. .

By Mr. 'Powell—Deceased, I have no doubt, was about to
strike Higoett when the latter struck hint with the
poker.
John Guest, Bissell-street, bedstead maker, dated—
Shortly after twelve o'clock on Saturday night I beard the
screaming of children in the next court to the one in which
I live. I got upon some woodwork and looked over a wall
dividing Trafalgar. place from my premises. Seeing • crowd
I got over the wall. There I saw Higoett beatiog his wife.
Jefferson was standing amongst the persona assembled, and
I heard bim say "Come out like a MAO, nod I'll fight you."
After alluding to some old grievance which had taken
place • week previously, Jefferson ran into Hignett's
garden. I fetched him out, but he went in again. 1 then
carried him out; but being determined to go in, be got
over the paling. He then squared his fists at Ilignett,
who told him that if be did not go away be would make it
warm for him. He did not go away. Higoett then went
into the house, and bringing out • poker, struck deceased
three times upon the head and shoulders. He fell to the
ground the last time that he hit him. I saw no one strike
deceased except Hignett. klignett stood at the door with
the poker, but I don't think he would have done any harm
with it had not the deceased come to him. Higoett was •
bigger men than the deceased.
Police-constable Myatt ('-'6:1) produced a poker, sod
stated— I found this poker in Hignett's house. I was told
that it was the one used to strike the deceased. (The wit-
ness Guest was here recalled, and stated that the poker pro.
duced woo like the one with which be saw Hignett Anne the
demised.] I asked prisoner's wife for the poker the assault
was committed with, and she pointed to the one produced,
which was standing against the fire grate. I then went
up stairs end found prisoner to bed, appareutly ssleep.
Mr. Welders, the house-surgeon at the Queeus Hos-
pital, stated—The deceased was admitted into the institu-
tion at about four o'clock on the morning of the Pith August.
There was • couttued wound about an inch long, midway
between the occiput and left ear. It went down to the
bone. pou • probe being introduced into the wound an
extensive fracture was discovered. The deceased we. iu a
semi-conscious condition. He vomited a great deal. The
wound was dressed with lint and bandaged. About
half-past eleven o'clock the IMMO morning, the deceased
being perfectly uuconacious, his bead was shaven.
He, however. gradually sank, and died at two o'clock
the same day. I have since made • post nuirtem
examination of the body, and found a fracture of
the skull. The left hemisphere of the brain was in-
dented ►ud compressed. I saw no marks of blows upon
any other part of the body. I am of opinion that the
deceased bee died from compression of the 'onto, which was
caused by the fracture of the skull. A blow with • poker
would Cause KWh no injury as described.
By Mr. Powell—A very severe fall upon tome hard sub-
stance might have caused such an injury.
Hignett, the accused. who was present at the inquiry,
in the custody of luspector Percy, was recalled, and sf tot
having been cautioned in the usual way I.y the coroner.
stated that he did not wish to say anything in his defence
at present.
The Coroner then summed up the evidence, and the
jury, after a short deliberation, returned • verdict of
manslaughter against Hignett.
The prisoner win then formally committed for trial under
the coroner's warrant.

(i }MAT 130)1T-11 4' E ON TIIE TY NE. —On Tllegthly
afternoon a pair-mired boat.rnee for 1001. a side took place
on the Tyne, between the High Level Bridge mad the
Meadow, again resoling in the defevt, of the Newcastle
favourites. It won between Hoerr Clasper nod George
Strong, against Matthew and James Taylor, brothers, of the
well-known Taylor crew. The course was about 11 mile.
The race commenced about a quarter past 1 o'clock. The
Taylors took the lead at the start. Clasper and Strong
made determined efforts to come up, and succeeded in
shortening the distance; but the Taylor@ won by about
three boats' lengths. Towards the end of the course
Clasper's boat fouled a •culler boat, but that would not have
affected the rave, as the Taylors had too good a lend to be
overhauled. _

-
PALACR. —ON SHILLING DAY.—
wzoNtanAT, AUGUST 12.—Adotandoee o payment, 6,037 ;
ditto by mouton tickets, 1,041; total, 7,078.
Full benefit of reduced duty obtained by pur-
chasing Hornimsn's Pure Tea; very choice It Ts. Id. and 41.
High Standard" at M. •d. (formerly is odA, Is the btronirest
and most delicious Imported. Agents In every town supply It
IS psekete.—(AdTurllaelnent.l

[TWOPENCE

ANOPHER EXECUTION IN IRELAND.

The condemned murderer, Joseph Kelly, was
hanged on Tuesday morning in frost of the county gaol at
Wicklow. A small crowd of penioes, some of whom had
come from the surrounding districts, witnessed the dreadful
seem. Kelly was convicted at the recent assizes for the
county of Wexford of the murder of Michael Fitzbenry, a
national schoolmaster, residing near Ballywilliam. The
motive which the crown sought to establish for the perpe-
tration of the crime was revenge, entertained by Kelly
against the murdered man, lathing from dissatisfaction
at the refusal of the latter to exteud the terms of the
purchase of the farm belonging to Kelly's father, so as
to enable him to go to America with his Goo, the
wretched man who was executed on Tuesday morning. It
appeared on the trial that the farm in question was held
by old Kelly from Lord Cethrew, and that he allowed the
rent to fall considerably into sneer. An arrangement
wee made, with the sanction of Lord Cathrew's agent, by
whieb the farm was to be aseignal by the Kellys to Fitz-
henry, the latter undertaking to pay all the screen of rent
and bear the cod of seeding the convict and his wife to
America, besides maintainiog at home old Kelly, or paying
him 61. per annum. After the arrangement was come to
Mary Fitzhenry, the wife of the deceased, sent over her
children and servant to the farm, which is situated at •
place called Poolpasty. The prisoner soon after this im-
portuned Fitzbenry to give Lim money enough to take out
his father with him to America, stating that he IVY
anxious not to leave the old mar, who was
more than seventy years of age, behind him in
Ireland. The deceased refused to advance the
money. contending that under the agreement, unless
Kelly's father was dissatisfied with the treatment he received
at harm, he was not to be seat to America. It was in proof
that the prisoner was excited and angry at the non-com-
*rues of Flashes/sty with his moss; bat there was so Yam
precise evidecioe that the primmer uttered any threata against
the deceased. Late on the night of the Pith May Firshenr,
was barbarously murdered beyond• placeknownseßitheen •
Croes. The body was found the following morning is a
ditch by the rawhide. and presented a horrible spectacle.
The skull was fractured from the effecter of a tremendous
blow on the temple, inflicted apparently by an iron
bar or other heavy weapon ; the back of the head was
beaten in, and there was likewise a wound over the
thigh which seemed to have been occasioned by forcing
some blunt instrument into the body, probably after
death. In the forenoon of that 16th May, which was
Saturday, the prisoner and the deceased were at the
office of • shipping agent in New Roes ; later in the
day they were both in the shop of Mr. Cullen, where the
prisoner purchased two bars of iron, which he took away
with him. At this time the deceased was observed to be
partially drank ; the prisoner was sober. Still later in the
day the two men were seen io various public houses in
Ross, but it was distioctly proved that while the deceased
became more and more intoxicated towards nightfall, the
prisoner, who was bringing him from place to place, re-
tracted perfectly sober. Toe last was seen of them about
12 o'clock that orght, when the prisoner was leading de-
ceased along the road ; the latter was, in the language of
one of the witnesses, "staggering drunk" at the time, end
fad ing occasionally to the ground. Next morning the dead
and disfigured body of deceased was discovered in the ditch.
The medical teatimoty went to show that the injuries
inflicted on the deceased were such as would have been
indicted with an iron bar which the police found concealed
in a field of the prisoner. This iron bar was stated by wit-
muses to be to shape and size like one of the two bars which
the prisoner had bought, but they did not positively iden-
tify it. A handkerchief belonging to deceased was got in
the prisoner's bodes, but no clothes or other articles stained
with blood. Immediately after the body of the deceased
was found, suscipion fell on the prisoner, and he was
arrested the same day in his own residence. His counsel
contended that the case was shrouded in mystery, sod the
circumstances consistent with the innocence of the prisoner.
The deceased and the prisoner had always been frisods, the
arrangement for the transfer of the farm was amic-
able, there were no threats used by the prisoner, and
no motive existed for the crime. Plunder, and not
revenge, was the cause of the murder, for the
watch of the deceased was taken end never found. It was
also urged that the deceased and his wife had been appro-
lieneive of the vengence of others, and that it was those,
aod not the prisoner, who committed the foul deed. No
evidence was adduced fur the prisoner, and the counsel for
the crown in reply contended that it was clear the prisoner
dragged the deceased all day with drink to make him set
easy victim, amid that no doubt could be entertained that
the very weapon with which the deed was done wee that
found had in the prisoner's field. The jury appeared to
think the ease conclusive against the prisoner, for, after e
' brief deliberation, they found a verdict of guilty ; and Baron
' Hughes, before passing sentence of death, expressed her
con-
currence in the verdict, and declaredthat the jury would have
violated their oaths if they had come teeny of her conclusion.
• Some deys before hie execution Kelly stated to the prison
officers that he was quite resigned to die in stone-
mast for his sire. He had not said much previously
about the greet crime for which he was about to suffer,
and the statement that he wee not unwilling to die was
looked upon by the officers as an indirect admissioo of
' guilt. Ou Monday evening he heeded to the Rev. Mr. Roioe
the subjoiowl declarati..n that be slew Michael Fitzbenry.
The document was read in the presence of two of the prison
officers end the convict, and was signed by each :
" As • caution to those who are fond of drinking heavily I
think it right to make this declaration known to the public.
On the 17th of May last, when 1 left New Ross in the com-
pany of poor Michael Fitzheory, I lied not, according to the
beet of my belief, the intention of killing Lim, but I intended
to give • great heating to him, because he had not given a
suit of clothes to my deer father actordiog to contract, awl
also for several other tridiug causes. After I rive him a
few blows I left him I) Mg alive on the road. I went on
my way home for about a quarter of a mile, and then be-
came afraid when he would recover that be would prosecute
me, and 1 would be punished severely. In order to prevent
such punishment, end having drank heavily—although I
was nut drunk—and being tempted by the devil, 1 went to
the piece where pour Michael Fitzbenry rue lying and com-
mitted the dreadful crime for which I am uow about to
suffer death. I aro heartily sorry for this horrible crime,
and all the scandal I have given. I die iu peace and char ity
with all men. I humbly ask the prayers of the faithful for
the happy repose of my soul. I beg of the mother of my
God, the blessed V:rgie Mary, 111341. St. Joseph to intercede
for me now, and at the moment of my death. May Christ
Jesus, who said to the penitent thief, "This day shalt tl.ou
be with me in Paradise." oh, trey the merits of His pre-
cious blood obtain rurrcv for me. a moat miserable sinner.
JOSE/1 KELLY, his X mark. Ve'rtnesses, George Sutter,
clerk ; Edward Cox, turnkey. Wexford Gaol, August 10:
1863."

ROYALGALLERY OF ILLUSTRATION.—Mr. a➢d Mrs.
Reed will bring a very long and auccessful season to a close
on Thursday, the 20th inst., with an entertainment both in
the morning and evening. Accompanied by Mr. Parry,
they will immediately commence • short tour through the
southern provinces, repeating their entertainment of the
"Charming Cottage" and " Mrs. Itceel•ars Little Evening
Party."

THE LATE Silt I•'. W. SLADE, BART. —YeAteTilaV
an inquest was held at 31suasel Urauge House, North
Petberton, before W. W. Meuclitoo, Eel., coroner for
West Somerset, on the hotly of the late Sir Frederick Wm.
Slade, Mart., Q.C., whose melancholy sudden death was
recorded la our yesterday's impression. After hearing the
evidence the jury returned a veniv tof " Died hy the
cisita-
tioo of Mod." We uuderstaed the funeral of the deceased
will be strictly private.
DIII,OVERT OF NORSE ItEMAINS IN ORE N ET. —A
most iuteresting discovery has been made in Weetray, Mr.
Ferrer, M.P.. who is indefatigable in his researches, baying
fortunately fallen upon what appears to he the unmistakeable
remains of a mailed Nome warrior end hie horse. On Tuesday
morning the labourers engaged in removing wind from the
lower parte( the Links, east of Pierowall, in Westray. with
a view to ascertain whether •ay gravel yet remained =-
disturbed, discovered portions of the skeleton of • melt
horse, a fragment of the lower jaw of a human being,
iu which were three teeth in good preserve-
. tion, together with piecesof iron very much curreded, two
iron buckle►, several largo uatl heads, and the half of what
appeared to have been a. hone button. The oak wood to
which the iron hod been attached is in most instauree as
bard as the iron itself. From the pmaion in which the
human jaw was found, it seem. probable that the horse and
rider had fallen at the some moment. There was oii ap-
peareuee of any grave. The skeletons had obyh ugly been
left to decay where they fell, sod the discovery of some
pieces of iton • few yards further oil magnesia the °relia-
bility of the bodies hoeing been pulled to pieces by dogs or
birds of prey. A piece of bone, possibly the wrist hoax,
adhered to the larger of the two buckles, but it crumbled
away on being touched. The size Of the nails and weight of
the iron render it doubtful whether the whole could have
formed • shield, and it is not impossible that some of the=
iron relic. may have belonged to the barge trappinge. Sand
haul drifted over the remains, but there was no appearance
of artificial interment. The horse was probably unshod ;
the horny parts of the hoofs had disappeared, but the lone
beneath was in good preservatioo. No portion of iron was
found near the hoofs. The skull of the horse was almost
entirely decomposed. The sand covering the remains varied
in depth from two to three feet. There is • tradition is
Westrey of a battle having been fought between the old
inhabitants and the Norsemen at the place where the re-
mains were found.—Orknu Herald.

The hotnevrard-bouud off Deal signal their num-
ber to the idiom so.l from thence a magnet carries the
glad news to the owners. The same inserntable how is em-
ployed by Mr. Herring in his Nlagnetic lireothea, .t e. tie. Hassell
states—..l regard them as the nowt perfect bnishea hitherto
made, as respecs their mechanical ronAi teethe!, and their wag-
netical action." The, are the remedy for grey hair. neuralgia,
rheumatism. Counterfeits are being made.—Othem,
3 t, Balaughaltalreet, London.—fAilvertiseilient.J