The Express.
London, England, 1855-01-05 00:00:00

THE EXPRESS, FRIDAY EVENING, JANUARY 5, 1855.

ether visitor*, sad abut tea minutes elapsed before I heard
say thing particular—it may have been more than ten
minutes, I cannot speak positively se to the time.
I could not us the features of the female. There was
no other light in the passage inept a candle I bad
in my hand. I brought the candle with me when
I came down stain, after hearing the noise, bet I
dropped it before I opened the street door. The noise
I heard wu like the wend of people scuffling, and
se though people were struggling violently together, and
spotting chairs. I cannot say how long the struggling
had been going on, bet there were persons standing outside
who had been *thrusted by the noise. Mr. Kure appeared
to be either is the act of pushing or holding the prisoner
back, but I cannot say which. He had his hand upon him.
The prisoner at this time I supposed to be in the sot of tak-
ing the pistol out of his pocket. There was no struggling
whatever in the passage, bat I will not swear that Mr.
Moore did not push the prisoner. I don't think they were
shoving each other at the time the pistol went off, but it
ell took plus in a minute, and I can't swear they were not.
By the Lord Chief Justice—l distinctly saw the pistol in
the hand of the prisoner, and I distinctly saw him holding
it at Mr. Moore's head.

Crom-ezamiaation continued—l cannot my in which
band the prisoner held the pistol. He had a largo great-
soat on, with loose sleeves. The pistol went off almost the
instant I saw him. I have serer said that they were
shoving each other when the pistol went off. I think there
were about two other persons besides Collard standing in the
street when I went vat. Collard did not tell me that he and
the other poisons had come there in consequence of hearing
the asks and mann in the house.
Itemmaiiined—The female who accompanied the pri-
mmer had • veil on her fee., and that was what p tad
me bon losing her features. When I came down stain I
saw a Bight in the back room. When I Lint went to the
vast ear I did not succeed in opening it, because the pri-
ssier rousted me, and put his band over my mouth. I
did not succeed in opening the door until after the pistol
eras fired. ,
Mr. Cheekley, inspector of polies! said, I knew the de-
ceased.. He was formerly in the police force. On the night
of the Bth December, about ten o'clock, I went to the Uni-
versity Hospital, and saw the deceased there. He was in
bed, and he made a statement to me. Before be did so be
was told by the surgeon that he was dying. I took down
in writing what he said, end I now produce that statement.
On the following day the primmer was brought into the
room where Collard was, end I asked him to make a state-
ment with reference to his being shot, and be made the
same statement in the pretence of the prisoner that he had
made to me on the previous day, end he concluded by
locking towards the prisoner, and saying " that is the
man who shot me." The prisoner made no reply, when
he said this. Collard then said to the prisoner, " Oh, you
cruel man."
The Lord Chief Justin advised that before the statement
was read, it would De as well to show that the deceased had
at this time received a mortal wound, and that his death
was imminent.
Mr. %Minna mid—l am bones surgeon at the University
Hospital, and I remember the deceased being brought
there in the morning of the Bth December. Upon ezamin-
iag him I found that he bad been shot through the belly,
and the ball appeared to have lodged in the back, near
the spine, and about an inch from the surface. I cut down
upon it, and removed it. The wound was evidently a fatal
one, end Collard was told so in my presence by Mr. Bricheen,
another surgeon belonging to the hospital. 1 was present
when the deceased made the statement to the inspector,
and also when be identified the prisoner as the man who
had shot him. He was perfectly sensible on both occasions.
Mr. Bricheen was then called, and he confirmed the evi-
dence of the last witness.
The statement was then put in aad read. It was as fol-
lows:—' Charles Collard, of 74, Warren-street, says, that
about a quarter to nine on this day I heard the report of a
pistol and the cry of murder in No. 73, Warrea-street I
went there, and found a man attempting to escape. I pre-
vented him. He then re-entered the house, fastened the
door in Warren-street, and got out at the back. I ran into
the New-road, and caught hold of him as he mu getting
over the wall, when he polled the pistol from his pocket,
and shot me through, and I fell. The man then ran away.
Another man was standing near me at the time, who tried
to hold the prisoner, but be got away. The man I now see
is he who shot me. I have made this statement believing
that I am dying."
William Bedelstone said—l am watermen at the buck-
ney-coach stand. I know the house occupied by the late
Mr. Moore, in Warren-street, and I was near his back gate
on the night this affair occurred. I first heard a cry of
" police" and "murder," and directly afterwards the pri-
soner came running from Mr. Moore's premises, and he
jumped over the paling', and his hat fell off. He alighted
upon the pavement in the New-road, and I saw the de-
ceased, Collard, lay bold of him. He appeared to have
come round from the Tottenham-court-road. Collard and
I both laid hold of the prisoner, and I heard Collard say,
"For God's sake take care, or he will shoot some of es,"
aad directly he uttered the words the pistol went off, and
Collard exclaimed, "Good God, I am shot. lam mur-
dered." And he immediately fell. I did not see any pistol
until after this had occurred. I tried to hold the prisoner,
but he turned round and struck me under the ear with the
pistol, and got away from me, and ran towards Fitzroy-
street. I took from the prisoner a cane with a piece of
string at the end of it.
Cross-examined—When the prisoner came over the
paling and fell down, Collard and myself were both ap-
proaching him, and we were at equal distances from him,
and both took hold of him together. The priaoaer made
an effort to jump down, and he fell upon the pavement, and
we both laid hold of him immediately. The paling is about
six feet high. We had scarcely laid hold of the prisoner
before the pistol was discharged, and after Collar] fell the
prisoner struggled with me. The prisoner bad on an over-
coat, with very lugs or bell sleeves. There were a great
many people about at the time the struggle was going on
between us and the prisoner. There was a gas limp three
or four yards off.
William Heary Madden said—l was passing along the
New-road at the back of Mr. Moore'. house on the night in
question, when I saw a group of persons assembled there,
and I observed a flub and heard the report of a pistol, and
some one called out "I am shot." At the same moment a
man separated from the group of persons and nu away,
and I followed and grappled with that man. Ii was the
prisoner. The moment I laid hold of him he turned round
and assailed me with a pistol. He struck down non my
bee, and cut my left eyebrow open, and then hejammed
the weapon against the side of my head, cadent off a piece of
my ear, and also wounded me on the scalp. I held him
until a crowd came up and overpowered him. When he
int ran away I observed he had a pistol in hie right hand,
but he changed it to his left, and he assaulted me with his
left hand.
John Bell said—l was also going along the New-road at
the time the affair happened, and I heard a cry of help, and
saw the prisoner run away after the pistol was dishaeged.
I went after him, and saw him strike the last witless two
or three times. After the prisoner was secured, I saw him
drop a pistol behind him, and I picked it up. The hammer
was down, and there was a discharged percussion cap
upon it.
John Monday, a police sergeant, said—l took the pd.
goner into custody, and as we were going to the pass eta-
Lion he said he wished to have a cab. I told him that there
was ere cab to be allowed for him, and we walked together
to the police station in George-street. I them searehod him
and found a dagger in a sheath that was SEWII late his body
coat, and I also found twenty-four ball cartridges, which
fitted both the pistols that were afterwards produced. I
likewise found upon the prisoner two door-keys, eight-pence
halfpenny in money, and three cigars.
David Lena, a police constable, said—l went to the house
of Mr. Moore after the prisoner was taken into embody. I
Mad a dead body lying In the passage near the fruit door.
• surgeon was sent for, and I assisted to remove the body
Ws the back parlour and place it on the sofa. Before I
dam I examined the room and picked up a hoary piece
of bad, of which the awe taken from the prisoner appears
to have formed a handle, but to have been broke" off. A
lOW* mahogany chair was lying broken upon the floor, and
Mime were marks of blood upon the wall, about the height
a eon's head would be sitting upon a chair. I also traced
blood from the room into the , d there was like-
wise blood near the sofa, and i =rent an
puts of the room.
On • table there were three bottles that appeared to have
contained soda water and ginger beer, and there were
also three glasses, one of which was empty and the other
two contained ginger beer and lemonade. There was like-
wise a corkscrew sod • cork upon the table, and en the
latter there was some blood.
Mr. R. 8. Carter, surgeon, of Fitzroy-stmt, said, I exa-
mined the body of Mr. Moore. Hie head was lying Is
a pool of blood when I first taw 'him, and he was quite
dead. I found three severe lacerated wounds on the top
of the head, there was a smaller wound on the back. There
was also • wound above the right eye from which bud
and brains were flowing. This wonad was occasioned by
a pistol ball, but the wounds on the top and back of the
head were each as might have been oceasionel by the p.m",
of lead atteehed to a handle, each as that which has been
produced. I afterwards found a bullet in the brain of the
deceased, .and the effect of this must have been instan-
taneous death. Upon examining the room I observed that
the sides cf it were spattered with blood in a great many

places. -
William Smith, a police constable, said—There was an
Win safe in the front room of Mr:Moore'. hones, and I
picked up the key of that safe upon the floor in the beck
alone.. There was a door by which the two rooms com-
municated.
Charlotte Bennett, the servant, wu re-called, and she
said that Mr. Moore kept his books and cash-box in the safe
in question, and he always had the key in his pocket. She
also said that she had never seen sub an instrument u the
one that had been produced in the biota before the night
in question.

ibis dosed the case for the prosecution.
Mr. CoDyer then prooseded to address the jury for the
defence. He said that in every cue of this kind a preju-
dice wu very naturally excited against the iadividual who
wu charged with having wilfully deprived • fellow-
creature of existence, but in the present Instance there
were many other circumstances calculated to increase that
prejudice, and be telt that the jury could only come to a
conscientious decision by resolutely determining not to
allow anything to operate upon their minds but the sworn
evidence laid before them in support of the specific charge
which they were called upon to dispose of. He thought
that the prisoner bad a right to complain of the course
that had been taken in trying him upon the present indict-
ment for killing the unfortunate man Collard, when
it was perfectly clear that the original and main
charge against him was that of killing Mr. Moore;