The Express.
London, England, 1862-10-02 00:00:00

!I ) •

*ls POLICE COURT&

BOW-STREET.

, .
NAtistom-aotrax.
Smiled Gardisuir. deem fled as • sweep, residing at No. 1,
Northumberiand-alley, Fenchurch-skeet, and ElizobetA
Humbler, described as a *mast, residing is Swan-court,
High-street, Gravesend. were placed at the ter of the Man-
,,,,,e.henee yesterday, before the Lord Mayor, to undergo
further examination upon the chirp of baring murdered
Elisabeth Gardiner, the wife of the male prisoner, by cut-
ting her throat at the home No. 1, Northumberland-alley,
on the Otis of September.
Mr. Lewis attended on behalf of the prisoner Gardiner,
and Mr. Wontem appeared for the minium Humbler.
Ms. Lewis said he appeared on behelf of the prisoner
Gardiner, who was charged with the murder of his wife,
and who was committed by the ooronei's inquisition. He
bad only recently been instructed by his client that day, and
bad only bees able to confer with him for about half au
hour ; and as his client was entramely anxious that the
matter should be fully investigated, he asked that the aim
might be further remanded, that he might be more fully in•
strutted. It could not prejudice the prisoner at all, inas-
much as the coroner's jury had returned a verdict against
the prisoners.
Mr. Goodman said Ituipector Scott produced a warrant
against the prisoners fur wilful murder, and signed by the
coroner, and the warrant must of course be put into exe-
cution.
Mr. Lewis said of course it most ' • but still his lordship
might find that there was no charge • t his client,
although the coroner's jury bad retuned a verdict against
him

-.
His Lordship said he quite concurred In what Mr. Lewis
had said as reganled a thorough investigation into the ease,
and he remanded the prisoner until Tuesday.
Mr. Lewis said money to the amount of about 31. 10s. was
found on the pnsoox Gardiner at the time he was appre-
hended, and he asked if the money might be given up.
His lordship ordered the money to be given up.
StepAen Kale, a blind man, residing at No. 12, Bose.
alley, Sishopegate, who obtains his livelihood by phiyiag
the bagpipes about the streets, and who bad been on the
magistrates at the Mansion. house upon several occasions for
amanita and drunkenness, was placed at the bar yesterday
before the Lord Mayor, charged upon saapielon with having
Gained the death of his wife Elia gaits by kinking her in
the abdomen on the night of Friday last, the 24th of Sep-
tember.
Police-serpent Wreford said that from information he
received he west to 12, Base-alley, Bishopsgate-street, at
about twelve o'clock on Toads*, and there saw the pri-
soner's wife lying dead in bal. 13e was told that she bad
given birth to a dead child, and from other information be
received from two sisters of the deceased woman, he went
to the Flying Horse in Half-moon-attest, where he saw the
•perouer, and told him he mast go with him to the station.
H. did not tell him the charge, bet said to him, " Steve,
this is a very serious owe ; what are you going to do? How
will you bury your wife!" The pUoner replied that be did
not care what became of her, and he was very glad she was
dead. _ _

The oily evidence adduced was that of one of the
deceased's sisters, Mary 111" Sweeney„ who lived in the
house next to tLe prisoner and his wife. She stated that
the deceased was about forty years old, and had been married
to the prisoner for about twelve years. The prisoner and
deceased occupied one room on the grimed floor, with their
three children. The prisoner, who wee Mind, got his living
by playing about the streets on the bagpipes. Os Friday
evening, she was in deoea,ed'e room, aid at that time she
appeared to be in perfectly good health, with the exception
of expecting to be manned. She left her and went to her
own room, which is in the hones next door, her
room being divided from her sister's only by a wooden
partition. At about two o'clock the was in
bed, when she heard loud screams, which appeared to
come from her sister's room, and she listened to hear if it'
was her sister screaming. She soon after heard a heavy fall,
sad immediately heard a mew, which she bow to be
from her sister. She rushed out of her place in her night,
dress, end saw the deceased Wagon the floor of the passage,
with her legs towards the mom door. She bad her clothes
on at the time, and whoa she saw her she rid, " Oh, Mary
Anne, I am dime:: and put her bud to the aide of her
stomach. The primmer was standing at the doer of the
room with • great stick in hie band, and he rushed at his
wife and attempted to kick her, but she stood with both her
hands against the door and prevented his doing so, and he
struck her on the arm and said, "You —, 111 serve you
in the same way," sad caught bold of her and tore
her nighttime off her, but she still kept in the
doorway and prevented him indicting any further
injury upon he wife. The children, who were in
ID the room wore screaming, and she screamed "Murder,"
and " Police." Some scavenges' were washing the court,
sad they ewe up the steps, and the primer went in the
room and locked the door. The deemeed told her to go
and put something on her, and she did so, and when the
went back she was still lying on the floor, and asked her to
lift her up, which she did, and sat her on the stairs. The
deceased then showed her some bread and meat, and tea,
and other articles, and said the prisoner had goes home at
one o'clock and gave her a shilling to get him some supper,
and she had been gone longer than he liked, and when she
went back the prisoner said be 'supposed she had drunk his
shilling, and commenced "hashing" her about directly. The
prisoner, who could bear all that was said, called oat, " You
two finish you." Sheleft the dammed on the stairs
an went to her own room, and wean haekwards and for-
wards to her different time until six o'clock on Saturday
morning, when one of the children opened the doer, and she
west in and sat down. She appeared very ill, although she
said she did not feel any pain, but the complained of a sore-
sees at the side of her stomach. On the Saturday morning.
at sight o'clock, the prisoner went out to the Blind Asylum
to receive some money, and deceased got him his shirt ready
at his request, and when be came back in the evening he
told her to get herself ready and go out with him. They
went out together. She saw no more of the deceased or the
prisouer until ten o'clock, when they both came home, and
the prisoner then took his pipes and went out again
with his little girL The deceased seemed to be pretty
Nil on Sunday moraine. She went about the house and
Soak the dinner to the baker's. At about 8 o'clock in the
evening one of the childese weed up to her, and said the
dressed was very ill. She went to her, and at about 10
o'clock she went for Mrs. Lewis, the midwife, who sent
her for Dr. Fowler, at about 11 o'clock, and shortly after-
wards the deceased gave birth to a dead child. She lin-
gered until Monday night, when she died at about 12
o'clock. The prisoner went to the door while Dr. Fowler
was there on Smday night, but the doctor would
not allow him to go in. He went away, and did not
return until the next morning, when he went in, and
a woman named Bishop, who was sitting in the room. told
him his wife was confined and the child was dead, and not
to make • noise in the room ; and he said that the doctor
and her sister bad killed them ; but he was told his wife
was not dead. He then went to the bed and took his wife's
hand, and asked her if she would like anything to drink,
and she said she would like scene pump water. The wit-
ness, however, would not let her have cold water, and the
prisoner sent out for some beer, and the bed a cup of that
warmed. The prisoner afterwards west out again, and did
not return until after she wee dead.

Sergeant Wreford aid the inquest was to be held on
Thursday (this day), and he asked that the prisoner might
be nonleaded until after the inquest.
The prisoner was then remanded.

As cepa grinder named o;tireppe--- jr►rand geo, was brought
Ware Mr. Henry, charged with annoying Mr. Rawlins, at
Untwarity-.treat, by playing his organ in front of the ono.
plalisikt's house and refusing to go away when desired
to do so. _ _

—Yea. Rawlins,
who appeared to be suffering from severe
indisposition, stated that the persecution to which he had
been so long exposed, arid which had so frequently com-
pelled him to charge these men, still continued. Even as he
wan coming to the court on the present occasion a person,
whose Dime he should not at prevent mention, accosted him
in the street in these terms—" Mr. Bawling. we have made
up our minds to annoy you. I will go on getting these men
to play in front of my house." Here was • distinct avowal
of the persecution. What was be to do to put a stop Wit?
Mr. Henry was afraid the threat conveyed in such an ob-
servation scold Dot be treated as an offence against the law.
No doubt a householder bad a right to get street musicians
to play before his house, and it could hardly be an offence
to say. " I like music, nod I will have musicians." But, on
the other band, toe person alluded to could not awry out
his threat, as Mr. Rawlins was entitled to say that if be did
not like these organs, or if they subjected him to annoyance
or inoonvenience, he would not permit him to play within
Doubt' of his house.
After some further observations,
Mr. Hoary said these matters might be appropriate to •
discussion on the general poetics. but they id not bear on
the mount case. What was the chew Ifilant the prisoner'
Mr. Rawlins stated that the priming' was playing his
organ about eight yards from his Mr. Earlier?) door. He
sent the servant to order him away, which she did in Indian,
saying, "Audits via--amalato " (Go away ; some one is
ill). He moved about Id yards to the Mks, ride of the
house, so that be wee still within eight yards of the door.
There he remained, refusing to p away, until a policeman
was seat for and he was given into melody.
The evidence having been interpreted to the prisoner, be
mid that be did go away.
Mr. Henry— Tee for a few yards ; but you were still
within homing of the bows, and press much annoyance as
beiges. Many of you men imagine that if you go away
from the very spot it is enough ; and unfortunately you are
encouraged to that belief by people who say that they will
have yes imply before their doors. You must, however,
be made to andiustaod that when you are ordered away be-
came some person is ill, or on any other reasonable ground,
you met go away altogether out el earohet.
Yr. Henry then seat an °blow for the prisoner's master,
or "fathom; the owner of the omen, and urged him I •
instruct hie men not to persist in annoyance to inhabitants
who grind them Sego away, but I.
rearm to each • dis.
iambs as mo kW, to give roooloom Pam*
=aid, if beliked.eonlani Use era, who amid not do anything
he told them bet to de. The dtfendant lamb pays Sae of lea,
and he (Yr. Henry) skald net snake an mar foe the
reekestion of the emus sista the Sae wag pan.
The " padrone " the Ism

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