The Express.
London, England, 1865-12-21 00:00:00

TRIAL OF ERNEST SOUTHEY.

The trial of Ernest Southey, for the murder
et his wife and child at Reinstate, was specially flied to
take place at Maidstooe
they monks, at balf-paell
nine o'clock, and the greatest biter's' was shown
to hear the proceedings. The prisoner, who was dii-
Neribed in the &leader as Stephen Forward, aged 35,
alias Ertel Walter Southey, baker, was placed at the bar
inemdiately the learned judge, Mr. Justice Mellor, took
kb mat ten
the beech ; and when his name was eallei by
Xr. Reid, the clerk of mraiges, be stepped forward to the
treat of Me dock an
made a most respectful bow to the
mutt and jury. The primmer was dressed very genteelly in
• suit dark clothe", and his appearance altogether was
very gait!emanly. Be wore • large beard and moustache.
Mr. Poland Led Mr. Philbrick appeared as the imamsl for
the crown, instructed by Mr. Pollard, the assistant solicitor
to the Treasury ; Mr. E. T. Smith attended as counsel for
the prisoner, instructed by Mr. Gold, of Serjeaute-inn.
Mr. E. T. Smith addressed his lordship, and said that he
was instructed to make an application to his lordship that
Ike trial of the prisoner Forward should stand over until
1 o'clock. The ground on which be made the application
was, that at the last moment it had been considered ad-
visable to call certain witnesses oa behalf of the prisoner,
aid although every effort had beau made, it was found im-
possible to procure their attendance before the hour he had
imentimied. In all human probability, however, they would
Yen be io attendance, and he therefore bad to apply that
the trial should be poetponed until I o'clock.
Mr. Justice Mellor said he did not think he could resist
such an application as that which was made by the learned
amnia for the prisoner, and the ow would therefore stand
ever until the time mentioned.
The prisoner then said he should like to address a few
Aserntioes to the court.
Mr. Justice Mellor—What is the nature of the observe-
ties' you wish to make? If they have anything to do with
your came I will hear you, but if it is merely extraneous
smatter that has nothing to do with the question before us,
I cannot permit you to address the court.
Prisoner—My lord, I wish to say something with referenda
to the name antler which I am indicted.
Mr. Justice Mellor—Oh, that is perfectly immateriaL If
II should be necessary the name in the indictment can be
altered at any time.
The primmer—My lord, I consider it of vital importance.
There is a vital principle involved in it. I wish to lay
Mr. Just ioelfidlor—l casual allow you to go co addressing
the court. You have coueeel to defeed you, aod you lutist
either allow him to do so or elms conduct your defence your-
self. I cannot allow both to interfere—you must either
rely upon your counsel sad leave him to conduct your me,
sr else conduct it yourself.
Prisoner—Then, my lord, I think it right to say that I
owlet allow any sae else to defend
Mr. Justice Mellor—l would advise you to consider that
well before you decide upon it, beemuiel think it right to give
you notice that if you do decide upon cooductiog your own
111111101108. I cannot afterwards allow counsel to interfere in
any way in the matter. I therefore again say that you bad
better consider the matter 'sinfully before you deode.
The prisoner was then removed, and the court disposed of
scam other business.
At one o'clock the priaoaer was placed at the bar and
sailed upon to plead.
He said that his name woe not Forward—his name was

Southey.
Mr. Justice Mellor told him it was immaterial, but if he
wished to bays the earns altered it should be dons.
The prisoner said he should Wm to hare his right mamba
indictment.
Justios Mellor—What name do you wish to have in.
meted in the indictment and to plead to
PAPOlM—Ernest Walter Southey, which is the mom I
bees been known by for eight years.
The name was then altered, sad the prisoner was called
Vas to plead to the change of wilful murder committed
open the person of Emily Sash Frances Forward.
The prisoner then mid—Were I plead I wish to inform
the court of some circunistseces that it is absolutely name•
eery they should be acquainted with in reformism to my

SIM
Mr. Justice Mellor—l cannot at present allow you to do
anything but plead guilty or not (nay to the indictment.
OT—T wish to show that -Mrs. Forward did not die
teem the cause stated.
Mr. Justice Mellor—Yon cannot do it. You wintry
whether you are guilty or not guilty. You will have aa
abundant opportunity of proving the fact you mention while
OM trial is going on.
The prieoeer then said that be eanaidered it was impossible
for him to have a fair trial at these wires, and be waded
the trial to be postponed.
Mr. Justice Itellor again said that all that could be done
at preheat was that he should plead.
The pneoner said he objected to the whole proceeding.
Be considered he ought to be tried by a special jury.
Mr. Justice Mellor told him that he could sot be tried
by a special jury.
Tha prisoner then said that he could not conscientiously

plead.
Mr. Smith then said that he should ask his lordahip to
exercise his power of directing • plea of not guilty to be
mitered, and this was done.
The prisoner was then given in charge for the murder of
his wife.
The prisoner asked to be accommodated with a chair, and
this was done.
Mr. Poland then proceeded to open the ems for the
prosecution. He said that the jury were assembled to dia•
er'''. a mast important duty to the crown and the country,
sad it appeared to him that be should best discharge the
teak that devolved upon him by at once giving a calm and
dispassionate statement of the facts upon which the charge
was preferred against the prisoner. He believed that the
real name of the prisoner WY Stephen Forward, and that
le had formerly carried on the business of • baker at
Raiment*. He had a wife sad child, whoudeaths were
the subject of the indictments that had just been read to
them. He was not prosperous in his business, and it append
that is 1837 he left Ramsgate, the child haring
been born during that year, and from that period
down to the time when thee, sots were committed they bad
not met. The tumuli= took place on the 9th of August,
and it appeared that on this day the prisoner went down to
Itamsgate and made some inquiries Liter his wife, and he
eventually met her, and they went to the house of • per-
son named Ellis, where they had some converiatioe, and
when the primate left he mud he would call sad see her on
the following morning. He had engaged • lodging at Hams-
gate fora night or two, and on the morning of the 10th the
prisoner span went to sr his wife. The learned counsel
then proceeded to state that very shortly slier the prisoner
was in the eormany of his wife, the report of • pistol war
board, and afterwards three or four other reports, and
when Mr. Ellis went into the room he discovered the
wife and child both dead, the former haviog the mares
of two pistol shots on the head. The prisoner was
disguised, and when Mr. Ellis expressed his horror
at what bad happened, the prisoner replied, "It is better
Mat site is dud, for if she had not been she must have
heard of my being sentenced to death in London." Upon a
sesrehbeiog made, a false beard and a pair of green spectacles
were found in the fireplace, where the prisoner had thrown
them, ands revolver and some pistol bells were found in
his possession. The prisoner was takes before the Innis-
trate', and he handed • written statement te Mr. lAseck,
the superintendent of police, and that statement he should
lay before them, and the jury would form their own opi.
Pon whether it was a statement likely to be made by a man
who was not responsible for his actions. (The learned
counsel thee read the statement referred to.) He went
ea to say that the prisoner read this state-
ment to the magistrates, and he then expressed a wish
that a telegraphic message should be sent to some
friend to London to assist him. It was in these terms :
"In prison—my life is over. I shall have to justify myself
brain most terrible charges." The jury would see that there
was no vagueness in that statement, but that it was the
exact t::.tb, and stated what had really occurred. It oan-
taine.l none of the jargon that was in the other statement,
end it appeared that the prisoner afterwards wrote • letter
eomplertung that an attempt had been made to take his
photograph while he was wider examination, and this also
was entirely free from similar jargon, and was exactly such
document es would be written by a loan who was in the
fall possession of all his faculties. The learned counsel then
reed soother letter from the prisoner to the superintendent
et police requesting that his clothes, which be bad left at
the lodging at Ramsgate, might be restored to bins, in on.
firmation of his argument that there was nothing to show
that at the time the offence was committed the pri-
soner was not in full possession of his resson. With regard to
what was stated by the prisoner as to his being charged with
the merder of three children in London, he would inform
the jury of some circumstances that bed taken place prior
to the acts that were committed at Ramsgate.
Mr. Justice Mellor expressed his opinion that the learned
counsel ought to exercise some discretion with reference to
the statement he was about to make as to the circumstances
ef
this alleged crime. He had no desire to shut out the
statemeut, and he hail the greatest confidence that the
learned counsel would not go further into the matter than
was actually necessary.
Mr. Poland said that with reference to the defence of In. ,
unity, which was to be set up, it severed to him that it
was most important that the jury should know what bad I
taken place in London with reference to those three
children. He then proceeded to make a short statement
to the affect that the enamor had taken the
three children of Mr. White, the husband of a
woman with whom he had been connected, on a particular
sight, to Stares coffee-house to sleep, and that on the fol-
lowing night they ware found dead, and it appeared
that the prisoner almost immediately afterwards
disguised himself and went down to Itamspte, where
he committed the acts that were now imputed
to him. Mr. Poland next proceeded to gate the
law upon the question of bluetits, and said that the ques-
ties was whether the prisoner at the time the act was
committed was capable of distinguishing right from wrong,
se whether he knew that he was acting contrary to the law
etGod sod man. With regard to the absurd and Mita-
Ism statements that had been made by the prisoner, it
appeared to him that they were of not the slightest Ml-
portance, and it was clear that no man could be permitted
le writes certificate of his own insanity ; and he should
show that Mace he had been in custody he had not exhibited
the aliglitemt indication of insanity.
The following evidence was then adduced :
William George Tappeaden said - In Arutust last I was
pester at the Camden Arms, Rampte, wed on the Gearing
of the 9th of August 1 saw the prisoner at that home.
If. wished me to go inquire, as who him, for
• Iffrs. Dressnuker ; ad I inquired mast, sod be