The Express.
London, England, 1865-12-22 00:00:00

LAW INTELLIGENCE.

Dr. KODIVIDD said that it certainly would do GO in his
---.0.--- I opinion. The general state of the primate's health ma-
,,,,, ~
~.,,b,asha, proved while he was in gaol.
The trial of the Priacrner StaPhen "a' ''' ."''""""/ • Mr. Hill, the governor of Sandwich gaol, was remalled,
wee resumed at Mathieu
_yesterday morning, at Me end ha stated that upon tkra, mousaw she pauaear sa.,
*WM, before Mr. J melee Menem I hibited the same appeeranoe of emetica
and hysteria that
Mr. Poland and Mr. Pbilbriek atti2 attemdti as Main el he had done in the dock. Ono, was when he was refused
doe the crown, instructed by Mr. ollard ; and Mr. E. T. ,by the visitingismeisaa the privilegene haying a highsas
Smith and efestede (whose name wee aeoadentally omitted his cell at night, and another time wee when he did not
be our Tenon yesterday), instructed by Mr. Gould, of Ser- I bear from his solicitor as he had expected. The attacks
Jeanne lon were counsel for the defence. ' subsided in • very few OlinutOs.
The caw for the prosecution was proceeded with. When I Major Bannister, the governor of Meidstotte gaol, said.
the prisoner war placed at the bar he spin bowed most re- that at filaidetome, sad ideo while he was connected with
aped/all, to the court. As on the previous day, he had • one of the goverment convict prima, be. had. had a
huge bundle of papers under his um. great deal of imperious with reference to enema* and
ea
Mr. Jutish White said that he resided at Old Ford, Bow, he had peel gnat attention to the prisoner. He beim
sod he bed Deems* ecquainted with the primmer denim the : him to be a very intelligent man, and his conduct on all
lad twelve smooths. He knew him by the same of Southey. I occasions had been perfectly rational, and he never observed
and the brat he knew of him wee hie coming to inquire the .lightest indicatioo of insanity. Down to the time of
about the tbreechildien who were at the time living at wits I his appearing in the dock on the previous day witness
sers'a father's house. He frequently came to iuquire about i 000sidered the privatise to be perfectly earabled of under-
the children. The pamper during a poetics of 1 standing and appreciating everything that was one or said
this thus wore • beard sad moustache. Oa the to him. '
Saturday before the children were found deed Crommamined—Wilt could not say that he h ever
the prisoner called upon
feelings with regard to the children, soner's conduct. Last Sunday the prisoner ood to go , 1
sad how abs would like to have them back again, and be chapel, but this was all that he remembered to have
asked witness to get them from his father and bring them I particularly occurred on that day. The prisoner stated a I
to the Opera Hotel in Bow-street. Witness made ea eP• I variety of arguments why he would not go to chapel, and
pointnieut for the following evening. sad also inquired of I one of those was that he bed not sufficiently made up his
the prisoner where the children were to be taken to, and wiled as to what religious faith he should adopt. When
the prisoner said he believed they wise to be taken to he entered the chapel he loudly protested against being
Australia. lie oommunicated with his father and sew the °Deepened to be present, and he then sat quiet during the
prisoner at the appointed time, and told him that his father whole of the berries.
was rather reluctant to give them up, but be thought he I ReexamMed—The prisoner said that he was of no faith,
Slight rely upon their being there on the follow* evening. that he did not belong to the established churctness h, anasd that
not
The Prison., than said that hia father need got be Particular he had no business to be at chapel. Wi w
about their appearance, and be also said that Mrs. White premd. but the Mrounsidanos was reported to him.
was on the coast, by which he understood that she Wee I Dr. Joy, the medial °Meer of Madan:me gaol, mid he
at Brighton. Another appointment was then made, but bad had • greet deal of experience in cases of insanity, and
the primer did not come to hie time, and he said 1 he considered the prisoner was perfectly sane and quite coin•
be had loot a train at Clapham Junction, and petent to understand everything that took place in court.
that it had interfered with all his arrangements. Witness He attended to the primer when he lad the paroxysm on
then suggested that the prisoner might take the children the previous day. Hie comiltion arose from a sort of
somewhere for the night, and at the same time sold him hysteria occasioned by overemettement ; but when the fit
that if he did not take them his father would not let him subsided, be was perfectly competent to understand every-
have them again, as he would think he was "bum-' thing that was going on. From the prisoner's oonvereation
hudgine" him. After codling at one or two places to see I the impression was created in witness's mind that he do-
ff they could obtain accommodation for the children need to produce a peetionim notion in his mind with regard
for the night unsuccessfully, the prisoner went into the I to his condition.
Starr coffee-house, and when he came out be said they bad Mr. Justine Mellor—Will you explain what you mean by
got a mei that would do nicely, and be then asked wit- tam e
sass to go and fetch the children from his father's hones, Witness— I believe that his object was to create an im-
io Featherstone building, was which close by. He peession in my miod that he was mane. I ocievereed with
did to, lad when the primer saw the children he shook him purposely for resew.* hear on Saturday evening, end
bands with them, and asked them how they were, collie; Ihe went through the history of his whole life. I said but
them Ly name. The prisoner then went towards the little to him being more anxious that he should talk, and
Starr coffeehouse, and he heard so more of the children the conviction created upon soy mind was that he was
until his father gave him some information, and he was I perfectly sane at that time, but of a very excitable tem.
afterwards examined before the coroner. I penement. I
Crosnexamined—Witness was not intimately acquainted Croamexamined—The prisoner's manner wee excited, but 1
with the ptiponer, but only saw him occasionally whoa be perfectly coherent. I should OOTtaiDly sot judge whether 1
ealled upon him at the office at which he was employed, in a moo was insane or not by timely lookiog at him, and I
4:Meow:Mach-street. He always came to him in Worms should consider it very unsafe to doso.
to the children sad to Mrs. White. He was aware lthenemised—l p.m pancake attention to the prisoner,
trim what was stated in the Lewd Dudley case that because the cm was one importance.
Mrs. White was very intimately acquainted with the I The printed papers that were toned in the room where the
prisoner. He never noticed anything strange or un- murders were committedat Ramsgate
*wig of printed proof
always inquired very kindly and affectionately alter the 'Meta, and coexisted of a rhodoesontede story about the
children, sad when bombed upon him, it was always upon mime., in which his life had been passed, his prossedings in
the subject of something that was to be done for their connection with billiard playing, his connexion with the
welfare. Upon one occasion the prisoner said that be Hon. Dudley Ward, ha, and is winning of the 1,172/.
thought be should be able to et the 1,2001. he bad won from him. The statement his already appeared in Mom
from Lard Dudley's brother at • • , brt be was always on several occasions.
quite calm and collected. He understood from their- Mr. Justice Mellor observed that it would be well that be
sneer that the children were going to Australia, and t should state that than papers were only introduced with a
Mrs. White was going with them. He left tie children view to show the state delta primmer's mind but it should
with the prisoner on Monday, the 7th of August, and he be understood that a great injustice would be done if the
heard that they were found deed on tbe following morn- jury were for a moment to wisee that the ofotomooto
Mg. When he left the prisoner he appeared very anxious relating to Lord Dudley and other persons whom names
to Sod some comfortable place for them. were mentioned had any foundation.
Itmex mined—Wiener believed the report that Mrs. The case for the promotion was then clotted, and the
White had roe to Australia. court adjourned for a short period.
Eira.teth Clifford proved that she usisted her father in Mr. F. T. Smith then proceeded to eddies' the jury on '
the mae mement of the Starr °effete-house, Red Lion-street, behalf of the primer. After alluding to the very important
Hdboro. and she remembered the prisoner coming there to and extraordinary character of the inquiry, Imelda he was
auk whether he could have a bed for three children. This supported by the certainty that be was addressing en un-
was on the sth of August, and on the 7th he came again partial tribunal, and that they would gine the fullest effect
and sake i if be could have a bed for three little boys, and to the observations he should make to them, and
he was told be could, and he paid for it and went away. which be hoped would have the effect of is.
returned about 10 o'clock with three little boys, and clueing them to come to a just and merciful mieci.
they were put to bed. sion. He then said that it was a perfectly clear
Some other evidence wee then adduced to show what axiom of the English law that a man who muted the death
occurred at the coffee-bowie, the finding of the dead of another wee not criminally responsible Wee. he wag hi
bodies, tsc. The facts were only brielly.narrated, the object •• mod state of mind and capable of distinguishing between
of the evidence being merely to explain the allusion made right and wrong, and be said he hoped to be able to satisfy
by the pi:neer in the statement he made before the magic- them that at the time them dreadful acts were committed
tithes at Sandwich to the three children who had been the prisoner was not • responsible being. The learned
destroyed in London. counsel then called the attention of the jury to the eel-
Mrs. Itery Anne Thompson, who resides at Bellevue- deuce in the cue, and he reminded them that it was clear
place, Itanuemite. deposed that about ail o'clock io the that minimal:, the prisoner and his wife were on terms of
evening of the Bth of August the prisoner engaged a bed at the greatest affection, and that there did not appear to be
her house, and slept there that night. He brought a parcel the slightest ground oe motive for the commission of the
with him which the afterwards delivered to Mr. Livia, the act of murder that was committed upon her, still lets for
superintendent of police. The prisoner went to bed about the other wholesale murders that were committed just
eleven o'clock at night, and went out in the moreiog be. before. It would be idle for him to attempt to deny that
twine six and seven. At this time the prisoner amend the prisms bad been guilty of murdering the three
to bass a large beard end moustache, and he wore thick children in Bathers, and it was clear that within
glasses. Witness beard of the murder in Kuimetreet on thirty-six hoots of the time when this was dose,
the same morning, two ether diabolical and dreadful murders were
Mr. L. A. Hill, the governor of Sandwich gaol, deposed I committed by him, and he asked them as mu of common
that the prisoner was remanded to his custody from the sense whether it was not almost apparent that such acts I
10th of August, and remained under his charge until last could not bare bets committed by a man who was of monad i I
Friday. Witness sew him frequently. three or four times mind, or who was aware of the nature of the sets he was
during the day, and be had particularly noticed his committing'. He submitted that it was clear that the 1
demeanour and conduct, and in all reepecte he had acted like prisoner could not have known what be was doing when he
a rational person. committed them dreadful acts. If he had any object at '
By the Court—There was nothing whatever in his appear- all, murder was the object of his life. and all be sought for '
face at any time that led witness to believe that he was of was to destroy the lives of every one who was connected
unsound mind. He always seemed to comprehend every- with him. He then proceeded to urge that it was apparent
thing that was said to bins and everything that was done. from the statements that were last read that so early as I
Creareexemioed—The prisoner was in witness's custody lade, when they appeared to have been written, the prisoner
for more than four calendar months, and it was his duty to had something that appeared to press heavily upon his i
watch the demeanour of prisoners. He had bad converse- mid, and he thought it was a Mir inference to be drawn
tions with the prisoner a great many times, hut sever in that hie reams was in the end completely overturned, and
reference to this charge. The prisoner frequently upraised that he had committed them dreadful acts when he was
a desire to make some statement to the visitieg justices, in that condition. The learned counsel next proceeded to
but it was thought better that he should sot be allowed to refer to the question of insanity, and cited a number of
do so. Witness had never said to any one that the prisoner cams, among which was that of the prisoner MNaghten,
was • very queer man, and he had no recollection of having who was tried for the murder of Mr. Drummond,
made use of such an expression either to Mr. Levick or to the and said that there were • great number of instances in !
prisoner's attorney. Witness was not examined before the which persons were proved to have been, perfectly Mimed ,
coroner either at Ramesh' or in London. upon almost every subject, but that with reference to one I
Mr. Lavirk. the superintendent, was recalled, and in particular matter they were undoubtedly under • delusion, '
answer to questions put by the learned judge, he said that and that they committed acts of bonsioide and violence '
the prisoner made the statement that had been produced under the influence of that delusion. He next proceeded to
on the 111th of August, the day after the murders were remark upon the demeanour of the prisoner at the time the '
committed. dead body of his wife was lying before him, and he urged
Mr. Emerson, a eargeon at Sandwich, and who acts in thatthis demeanour was utterly inconsistent with the suppo.
that capacity at Sandwich gaol, was then examined, and he sition that the prisoner was responsible for his actions ; and
gave situ lar evidence with regard to the condition of mind the learned counsel concluded an able but long address by
of the prisoner to that of the governor. He said the pri- expressing an earnest hope that when the jury bad bead
Met ale-ty• appeared to act like a reasonable man, and be the evidence he should lay before them they would feel
saw nothing whatever in his conduct or demeanour to lead themselves justified in retuning a verdict that would have
him to the conclusion that his mind was in the slightest the effect of preventing the necessity of the life of the pri-
demo affected. sour being sacrificed upon the scaffold.
Ora.-examined--Witness had been connected with the The following evidence was then adduced teetbenrlsoneri
medical prof/militia since 1839, and he had been medical I Dr. James Dewey raid—l am • physician cad general
*Weer to the gaol ever since that time. During this period practitioner at New Brompton, near Chatham. I have '
two or three cam of insanity bad come under his cup's imed the evidence in this case, and have bad an oppors
same in the gaol, but he had bad several cases of inanity tunny of seeing the prisoner in his cell ia the prima. I
in Lie general practice. The whole of these were we I I conversed with him for 'me time, and the result I arrived
defined emes of insanity. Witness was well acquainted at was that his mind was thoroughly unhinged. I part.l.l
with the distinction between mania and monomania. The calmly remarked his appearance, and noticed • wildness in
latter weeld be a delusion on one particular subject, and hie eye, and his poise was very quick, which denoted •
the former would be a case where there were delusions upon good deal of irritability of constitution. I have also
various *abject,. Witness had beard a great deal of the eels noticed the prisoner's conduct in court, and the opinion I
deuce that was add &iced on the previous day and be bad from have formd from it is, that the man is insane. I believe I
time to time seen him in the gaol, but his health was so caa distinguish between real and feigned insanity, and I
good User it use not necessity to converse with him upon am of opinion that the prisoner is not feigning appearances
that so!eect, ad it was not his custom to talk with the to deceive. The witness wu then asked his opinion with
prisoners. He sh• old certainly have abstained front holding . reference to the evidence that had been adduced as to the
say conversation with the prisoner in reference to the crime , „sadism of the prisoner at the time the murders were I
of which he was accused. If the health of a prisoner was committed, and he said that in his judgment all the acts
good, he made hie bow to him at once. (A laugh.) The of the prisoner were couaisteat with the supposition of
prisoner had attempted to converse with him upon the insanity.
subject of his crime more than once. 1 Cross-examined—l went to the prisoner at the request of
Here the prisoner begin to shriek and groan violently, , Mr. Gould, the prisoner's attorney, and I only saw him on
and he exclaimed that he felt as though he bad galvanicl . i that ooe occasion. I conversed with him at first upon
batteries all over his body. He then s__hrieked_ out, •'Oa. , ordinary topics, and I did not tell him that I was a medical
to ought never have been bought here." He clenched his
bands. end appeared in a state of dreadful atcv, man. He bad a quantity of papers before him, and be
—e" I appeared anxious to read them, and went on rambling from
several minutes elapsed before the trial could pro . one to another. It appeared to me that the prisoner was
Is answer to further questions put by Mr. Smith to Dr. I under a delusion about religious matters. He said Imbed no
Demme. that gentlenum said thet be bad strenuously faith, end no creed, and went on to talk about John Stuart
avoided Wine any conversation with the prisoner upon
the subject of his crime. He never gave the state of he I Mill.
i Mr. Poland—Well, that is no proof of insanity. (A laugh.)
mind any consideration, because he had no idea that his You are aware that Mr. Mill is the member for Weete
mind was affected, and no report wss made of anything is west& (h helm)
his conduct that would lead to such • suggestion.
The penoner here again became violent, and exclaimed, Witness—Cutaiely. Be then went oo to say that the
"lam a murdered man—a murdered man." prisoner appeared to thick that he had killed these people
under • mat of duty. He said that he and his wife had
Cro.nexamiciatioa continued—Witoess was not aware
been wandering about London is • state of &rental° and
that persons afflicted with monomania were in ohs habit of
be thought it was better that they should be put a'
out of
resorting to very extraordinary expedients to disguise
the world. He believed he did not mean hie real wife, but
themselves when they were about to commit some act of that be refined to the woman with whom he harbeen
violence. Persons aftlieted with monomania were undoubt- , living. He deo said that Lord Ward had refined to give
idly •ere liable to commit acts of violence. ' Thhim any money, and that he cad his wife had berm refuted e
primmer here said, "Why, the doctor said he was admission at
some tight refuge, and that this had completely
about to' administer to • mind diseased' the very first time
he saw me." upset bim. lit talked in a vety rambling and Modietent
think that this state
in further creassexamiution, Dr. Emerson said that a manlier, soil appeared to te of things
bad justified him in putting his wife and child out of the
person en! icteil with reosomenia was very
violenc actlikely, after
han of e, to he perfectly' calm. world. The prisoner appeared to be perfectly will aware
aving committed
that he was to be tried for murder, and that hia life was
and to make no attempt at escape, sod also to avow what
at stake.
he bad dons and that those were all, undoubtedly, sy mp-
to Rs of that disease. He bad heard the evidence as to the By the learned Judge—Witness was of opinion that the
conduct of the prisoner in this case, after the crime had unsoundeess of wand under which the prisoner was suffer-
been committed. but that evidence did not at all lead mg was chronic, and that it had existed for a considerable
him to the conclusion that tho prisoner was of unsound time. He did not believe that be was aware that murder
mind. The witoeu then explained that what he meant to was a crime. Whom the prisoner said that if be went back
convey to the court was thee a permn whe m acted might to Leedom' he should be liab'e to suffer death, witness con-
:* sane or be might be insane. sidered that it was an indication that the prisoner was
Rise eamined— He purposely avoided having any conver- ' aware that the punishment for the crime of murder by law
elation with the prisoner, and during the time the prisoner was death. He also believed at the time the prisoner was
was under hia charge he saw no indication of insanity in talking to Mr. Ellis that he was quite competent to distils-
him. mush between right and wrong. Hysteric affections were
The !served Judge it quired of the witness whether be not at all indicative of unsoundness of mind.
bad seen any such acts of violence and appearame of ' Dr. Frederick Fry, a surgeon, who had been in pretties
excitement as had been exhibited by the prisoner during the at Maidstone for thirty-fire years, sad who is also senior
trial. surgeon to the West Kest Hospital, deposed that he saw
Dr. Emerson said he saw nothing of the sort daring the the prisoner on Wednesday morning before the court lee,
Wee the prisoner was in the geol. and convened with Lim for about half an hour, and the
Mr. Justice Mellor—lf any person was tufferiog either conclusion be arrived at was that the prisoner was • man
from Leavy losses or other troubles to such an extent as to of unsound mired and not responsible for his sots. He
wisdom monomania, would it not be likely also to affect his formed shier:opiate° partly from his appearance,sad pertly
11011111 health? trees his discourse, and also from as extmendleary de,os

TIIR TRIAL OF SOUTHEY.

he bad that "the occasion,' se he said, required that he I
should commit the two murders of which he OSA AOADMOL
The witness went on to say that be hid heard the the
that had been given, and he was of opinion that the calm COURT OF QUEEN'S BENCH.—Dec. 21.
demeanour of the prisoner after committing two inch After Term Nisi Prim 'Mims atGuildhall.—(Before the
dreadful murders vas is itself a proof of inasalty. Lord Chief Justice and a Spada Jury.)
le crosoexaminstion the witness said that he bad never I MILL V. TINNILY.
been surgeon to a gaol, sad had not had any experience with ,
the criminal clue. He also rid that be was aware, from Mr. Finney, the defendant, entered at great length into
his reeding sod other einurostanees, that very t crimi. the circumstances connoted with the suits in question, and
nabs had repeatedly exhibited the utmost calmness after the justified the course which he had advised and pursued,
oommiesion of the crime of which they were accimed. , which was the heat that could have been taken for the
By the learned Judge—Witness had very great doubt plaintiff, who had misled him in the stages of the
whether the prisoner was thoroughly aware of the nature Tn°°°°li°S. porno impotent points.
of the present proceeding, or knew that he was upon his Mr. Hawkins, QC., the counsel for the petitioner in the
trial for murder. , divorce cue, and the respondent in the ether, was also ens.
Mr. Sutton, a surgeon practising at Sittingbourne, gave mimed. He remembered Mr. Macaulay opening the cue
simihir evidence with regent to the prisoner to that which and commenting upon the evidence he intended to call. He
bad been deposed to by the two last witnesses. He also knew the plaintiff's position in the India° army. The im"
expressed a strong opinion that the prisoner was • „mon preasion made upon hie mind by Mr. Macaulay 's opening
of unsound mind. One ground that he stated induced him • was that it was hopeless to proceed with it at that time.
te come to this opiniou was, that the primmer told him that The result justified that opinion. He was not present on
he considered the murders he had committed were peefeetly the 'scold trial, se he understood that it wee
justifiable, awl that he had dew a virtuous aot. i somehow that the petitioner was to have the der:frit
Cross-examined—Witness sew the prisoner only on Wed- I opinion was very strong that he recommended Mr. Timm/
nesday, the same dry
on which he was to be tried for the to stop all litigation as soon as possible for the mks of the
murder. He was ineroduoed ban, primmer by his soli. family. After he belied Mr. Macaulay open his ease mid
oho, ger, ot meek.) man, and the prisoner nn. ! refer to letters that could not be contradicted, be felt that
midi
hest to mad a miming stotement. tomato to it would be better not to go oa with the cue.
his life an
hiriory, and he had a good deal of te The cc" was again Winn:mid to-morrow.
stop him. SECOND COURT.
In answer to a question put by the learned judge, the I
After_ Term Niel Pei Sittings at Oulidludr—(ldefore Mr•
wither said that he believed the prisoner knew he was DOW 01
being triad for the crime of murder, and that he under- I Joao. Lash sods Special Jury.)
sto everything that was going on, and that be was reuse. I DENHAM V. TIII GULL DOW/WWID RAILWAY COMPANY.
able upon every others question except the one relating to DAMAO= 4,7201.
these murders. Heal° thought that the prisoner wee not This wee au action to recover compensation in
labouring under homicidal monomania generally, but only for inuries received through the alleged negligence laS:
towards certain individuals. I defendants' servants. The defendants did sot deny their
This closed the case for the defence, and Mr. Smith thee liability, sad the Tuition for the jury was the amount of
proceeded to sum up the evidence that had been adduced
for the primmer. O'Malley, Q.U., Mr. Soloist Hayes, and Mr. Turner
Mr. Poland, after a brief Be made a most able were amnia for the plaintiff ; Mr. Hawkins, Q.C. Mr.
reply on behalf of the crown. fl reviewed the whole of Keane, Q.C., and Mr. Markby were cannal for the &-
the circumstances connected with the specific offence fee fondant.
which the was then upon his trial, and he 'eked The plaintiff wee a commercial traveller resident in Lee•
the jury w ether they could put their fingers upon any one don, and on the 28th February he was a in a third
single circumstance that could induce them to come to sny clam carriage on the s+ Ilse. • travelled vasty
other aonclurion than that the prisoner was perfectly nova be got 0000 Donceeter, en tbetrain ran into en
rational, and of sound misd, and responrible for his con. engine that was on the line, and the plaintiff received severe
duct and for the acts that were committed by him. That costerision. He, however, proceeded on hie deetinatics to
the prisoner was a man of excitable temperament, that Edinburgh, and afterwards to Portobello, three miles
be fancied he had received some wrong or other, at the from Edinburgh, where his mother resided, end he there
hands of society he did not pretend to deny, end under put himself ruder the care of Dr. Balfour. His injuries
the infiasece of that feeling he had written the rbodo. were so severe that he bed not been able to attend to bud•
montede statements that had been referred to is the coons BOWS siOoe. Hewes said to be earning about 5001. Per mann;
of the iequiry • but it appeared to him that the true ex. and it was cethilated es worth 2.0204 Or Io,ooof. The
planation of this matter wee that the prisoner would cot evidence consisted principally of medical witnesses. The
work and earn a respectable living in the peogition of life plaintiff wee said to be riffs.* greatly from a general
in which be was placed, and dueling he could not succeed proetretion of the system from the shook he Dada as
in his endeavours to obtain ali by other means, whilst before the accident he was a hale, robust mantal,Dat
either for the sake of notoriety, or with some other capable of enduring great physical exertions. The evidence
object, he committed them dreadful acts. Under aB to the state of his health was most conflicting. Eminent
thou cireumetenoss be submitted that it would be medical men were milled on both sides. The plaintiff's
monstrous indeed if the primmer were to be allowed to witnesses attributed his sufferings to the accident, while the
escape on the ground that he was imam, end be reminded defendant's witnesses were of opinion they were attributable
the jury that no witnesses bad been called lo support this to any other cause rather then to the accident. Some out•
defame except a few medical men, who were no doubt of Wired the injuries permanent. Others, however d
, thought
great respectability, who were total strangers to the that when the anxiety bad passed away the plaintiff woul
prisoner, and who only saw him iota short time just before speedily recover. Again, some of the medical witnesses
the present trial. attributed the pain and suffering to mental &Analog on the
Mr. Justice Mellor then proceeded to sum up, and he Pleintire Mine
after being looked up halt an hour,
observed that in consequence of the coarse the proomedinp The jury,
had taken, one of the questions the jury would hem to into court with a verdict for the plaintiff, damages-4,7201.
returned
e-4,7201.
decide was, whether at the present moment the prisoner
was in a fit condition of mind to take his trial, sad if they
considered he was, the more important question would
remain fee their coosideration, whether he had been guilty
of the crime of wilful murder. The learned judge then went
on to say that be felt that it was hardly necessary for him
to remind the jury that they were in no way responsible for
the consequences that would follow their verdict, and that it
would be a very sad thing indeed for the nitrites of them
all if • jury were to allow themselves to he in any way
biassed by other considerations than those which arose from
the evidence that wan laid before them, or were to refrain
from returning that verdict which could only be consistently
arrived at upon the testimony that was before them. With
regard to the plea of insanity, he felt bound to say that it
was certainly very remarkable that the only witness.' who
had been called for the purpose of establishing that plea
were persons who had never seen him until within the lest
few days, and not a single friend or acquaintance of the
prisoner had been called to speak to his audition before
these occurrences took place. His lordship then proceeded
to call the attention of the joy to the evidence on both
sides with regard to the question of insanity, and said that,
after all, the real question was whether the prisoner wan
aware that he was committing an sot that was wrong, and
contrary to law—in other words, a crime—and if the jury
were satisfied that he possessed this knowledge, they ought
to find him guilty. If, on the other hand, the evidence
created any ressortable doubt in their minds upon this clues.
tint, then they might to acquit him.
The jury retired to deliberate at a quarter to five o'clock,
but in bees than ten minutes they returned into court, and
said they were agreed upon their verdict.
Mr. Reed, the deputy clerk of 'enigma, then 'eked the
jury whether they found that the prisoner was of sound
mind and understanding, and competent to take his trial.
The jury replied that they did.
Mr. Reed next inquired whether they fouod the prisoner
guilty or not guilty of the felony and murder whereof he
stood indicted.
The Foreman (in an emphatic torri)—We say that the pri.
goner is Guilty.
There was a slight attempt at cheering in the court when
the verdict was pronounced, but it WY of course imam.
dietely stopped.
Mr. Reed then put the usual formal question to the pri-
soner whether he had anything to urge why sentence of
death should not be pronounced upon him'
Mr. Justio Mellor then put on the black cap, and was
about to pass sentence, but his emotion was so great that he
was unable at first to give utterance to His words.
The priooner, taking advantage of this pause, with great
coolness addressed the court, and maid, "My laid, I wish to
ask you a question as to my rights and privileges in my
present position."
Mr. Justice Mellor—All that yea have a right to do, by
law, is to urge any point of law upon which you may con.
tend that jadgment ought to be arrested, ad that I ought
not to pass sentence upon you.
The prisoner—Although I am admiring you u my judge,
I wish it still to be coneidered that I am merely eddreseing
ley fellow men. When I came into this court yesterday I
bed no knowledge whatever of the forms of law, or what
were my rights in my present position, end I have 'gain to
ask your lordship to inform me whit those rights are.
Mr. Justice Mellor—All I can tell you is to repeat that
you have no right to do anything nor then to urge such
points of law as you may consider would justify an arrest
of judgment. At the same time I mast inform you that
you cannot be permitted to enter into any moons
matter, and that you meat confine yonreeif entirely to
points of law.
Prisoner—Then, my lord, in order loanable me to do this,
I have to ask that you will make an order that two dates
which were furnished to me yesterday, and upon which I
made some notes during the trial of points that occurred to
me, may be restored to me. They were taken away from
ma by the gaolers, and have not been returned, and I cannot
say what I desire without the assistance of the notes that
are upon them.
Mr. Justice Mellor—lt is quite useless for you to endea-
vour to enter upon any other subjects than those I have
mentioned, and it can therefore answer no good purpose
to famish you with the notes you refer to.
The prisoner was then silent, and did not make another
attempt to address the court.
The learned Judge then said—Prisoner at the bar, you
stand convicted, after a lengthened inquiry, of the crime
of wilful murder committed upon the person of your owe
wife. This is a crime that ardor all circumstances is one
of the most dreadful character, bus the details of your
case are doubly so, and I will not trust myself to
deal upon them. I am afraid that you have
for a long time been living a life of sin,
and it would appear to be your object to
cast upon society the blame for the consequences
that resulted frem your own misconduct. I have not the
slightest doubt that you perfectly appreciate mid understand
everything that his taken place, and if the solemn thoughts
connected with a God and a judgment ever entered into
your mind, I entreat you to make good use of the sheet time
that is left to you in this world, and throw yourself at the
feet of the erase, and ask for that pardon which is never
denied to a repentant sinner.
His lordship then passed the usual sentence of death in
the terms of the law.
The prisoner did not exhibit the slightest emotion when
the sentence was pronounced upon him, and he walkedaway
' -en the bar without uttering a word.

ASSIZE INTELLIGENCE.

OXFORD * CIRCIIIT.—R _Arrow), Die. 21.
(Before Mr. JOllOOO Beating.)
?HZ TILL FOR
The court re.amembled at half-past 9.
Mr. Justice Keating having summed up this morning at
considerable length,
•
The jury retired to consider their verdict, and, after
prolonged absence, returned into court with a verdict of
Guilty.
Mr. Justice Keating then passed sentence of death in the

usual form.
The prisoner received the sentence standing. and with
very little apparent emotion. He kept his eyes axed upon
the judge, u he had during his trial, with an expression
little short of vacancy.

MIDLAND CIRCUIT. —LTIDS, Bac. 21.
(Before Mr. Justice Shim)
David Rooth, 50, labourer, William Sykes, 38. f
Aaron Savage, 35, excavator, John fonie, =
John Benleliffe, 29, collier, and Henry Bone, 35, collier,
were indicted for the wilful murder of William Lilley, at
Reventield. on the 10th of October.
Robert Woodhouse, aged 40, labourer, had been eons-
mitted on the charge, but was admitted Queen's evidence.
All the prisoners pleaded not guilty, Booth adding that
he was guilty of being present, but not of taking part in
the murder.
Mr. 1). Seymour, Q.C. (specially Mahlon, Mr. Middle-
too, and Mr. Blackburn conducted the prosecution ; Mr. C.
Faster defended Sykes. Boutcliffe, and Bone; Mr. Waddy and
Mr. Skidmore appeared for Toole ; and Mr. Teatm en for
Savage. Booth had no counsel, but at the request of his
lordship Mr. Brno* undertook hie defence.
The oase lasted the whole day, and was adjourned till
to-morrow, there being still some twenty triteness' to be
waged.