The Express.
London, England, 1864-03-05 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—HrirrroRD, MARCH 4.
(Wore the Lewd Chief Baron.)
EXTIAOREASART CRAIG! Or ROBBERY.

Samuel Waley, 25, was charged with stealing 9/. is gold.
and other monies, tie property of Edward _Foreman, moo
deceased.

Mr. Taylor prosecuted ; the primmer was defended by
Mr. Oodd.

The circumstances under which this chugs was preferred
against the prisoner were of • very unusual character, he
having been in the first instance charged with the crime of
wilful murder, and the circumstantial evidence that was
brought forward in support of that charge was of such •
character, that but for the circumstance of • wirer named
Carroll, who happened accidentally to pass the deceased
whilst in a dying state before the prisoner could have had
anything to do with him, io all human probability he would
have been cocvicted of that crime, end paid the penalty of
hie life for it, the facts proved being of such a description
that no one would have doubted that the convictiou
was a just one. The deceased was • young man, • miller
by occupation, and resided near the tore of Hitchin, at
• mill called Charlton Mill, and it was his habit to go to
different places collecting money once • week. Ile started
upon this expedition on the day he met with his death,
with • white mule, • very fist animal, and • cart, ae was
his custom, and before be set out his wife gave him two
pounds in gold and silver to enable him to give change,
this money being wrapped up in • white linen bag. He
set out about three o'clock ia the afternoon of the 11th
January, and went to • village called Offiey sad other
places, and was paid various sums of money by different
persons, amounting altogether to 91., and started to
return home shortly before seven o'cleck in the eveeisg.
What occurred after this was never very clearly ascertained,
but about seven o'clock in the evening he was seen near a
place called Preston, and the mule, very shortly afterwards,
was heard to break into • gallop, as though it had run
away, and about two miles from this spot the mule and
cart were stopped, the deceased having at this time either
fallen or been thrown oat of •the vehicle. At 9 o'clock •
baker named Carroll, prising by • place called Preston-hill.
found the unfortunate man lying in the middle of the road,
and snoring or breathing very lam!, and be appeared to
have attempted to rouse him but could not do so, and
went on his way, sod at a short distance met the pri-
nter. Wabey, accompanied by • lad named Joseph Harmer,
his brotherin-law, and he told them that there was • man
lying in the road, and to this fact the primmer probably
owed his escape from being tried for the murder, as it
turned out that the injuries received by the deceased were
as much to be attributed to blows from • bludgeon or
other blunt instrument as to a tall. The prisoner seemed
to have told Carroll that he should not meddle with the
man. but according to the evidence given by the boy
Harmer before the magistrate, when they got up
to the place where the deceased was lying, the pri-
soner first turned him over, and said be did not know
who he was, sod then felt down his clothes, and told the
boy to go on. and in a few minutes rejoined him, and said
that "be had got his money," end showed him some-
thing in • linen beg. This boy, when be was now
ermined, evidently attempted to screen the prisoner, and
represented that he did not know what it was that the pri.
sow showed him, but the other evidence established in the
driest possible manner that the prisoner had committed •
most cruel and heartless robbery upon the unfortunate man
while he was lying in • dying state. The deceased seemed
to have lain three or four hours in the road before any
assistance was rendered to him, and he was then removed to
the Ritchie Infirmary, where it wee found that the whole
of his money was gose ; and this at first gave rise to the
sopielon that • murder bad been committed, sad the mi-
meo and the boy Harmer were taken into custody. It was
payed that before the day in question the prisoner was in
circumstances, and in arrears for rent, but that on
the night the robbery was committed he changed two
as three pieces of gold, and that on the following day be
took the boy to Bt. Albans, leaving his week, upon • plea-
sure expedition, and paid ell his expenses. Besides this, it
appeared that hi. smock frock wee bloody, and that when
he was questioned he denied having seen the decreed at all
as the sight be met his death, but it appeared that he did
afterwards say to one of the winners that be saw the de.
erased on the road, end that be thought his brains bad
been knocked out, but be denied having touched him,
end rid that his reason for this WSJ that he had ones
got into trouble through having interfered with • drunken
man. It was also proved that when the police searched the
prisoner's cottage they found four sovereigns wrapped op two
and two in separate pieces of linen concealed in a dress
belooshig to the wife of the prisoner, and she could not give may
account of bow this mosey came into bee possession. now
were the principal points is the evidence against the pt.
mover, but there were a variety of other little circumelsoine
which left in doubt whatever of his guilt, sod it oho
seemed extremely probable that if. instead of plunderiag the
unhappy man, the prisoner bed obtained assistance, hislife
might possibly here bra saved.
Mr. Oodd made an able address to the jury for the prisoner,
mid be esdeavoured to show that during the many hours the
unfortunate deceased bad late upon the road be might have

1864.

be should stance him to be kept is penal servitude foe
four yams.
The learned judge then ordered the boy Harmer into cus-
tody, in order that he might be taken before a magistrate
to ha dealt with either as having boo oollosnted in the
robbery, or for the wilful purjary which, he said. there
was no doubt he had committed.