The Express.
London, England, 1858-03-18 00:00:00

ASSIZE INTELLIGENCE

HOME CIRCUIT.—MAIDeToNE, MAR= 17.

CIVIL al D Z.— (BlI(Ore Mr. Juation Erie and I COOII9OII Jury.)

SHILLING O. THI ACCIDENTAL DRAT' INSURANCE
COMPANY.

This wee a special jury cause. The action was brought
by the plaintiff as administrstrix to the effects of her deceased
husband, Thomas Shilling, to recover the amount of • policy
for 2,0001. effected with the defendants upon the life of
James Shilling, her huebtuad's father.
The defendants put a number of pleas upon the record, but
the material onee relied upon were thou alleging that the
esteemed had concealed the fact that he was ruptured and
subject to tit. ; that the policy was not effected by the de-
owed. James Shilling, bat by his son Thomas, for his own
bast& ; that the policy was • wagering policy, and that the
deceased eventually exposed himself to unnecessary risk.
Mr. M. Chambers, Q.C., Mr. Lush, Q.C., and Mr. F. J. Smith
were for the plaintiff; Mr. Serjeant Shee, Mr. Hawkins, end
Baahby were for the company.
The canoe cams before the court in the form of a new trial,
the case having been tbeposed of before the Lord Chief Baron
at the last summer &seises, when a verdict passed for the
plaintiff for the amount claimed, and it was fully reported
at that time. Sense questions of W were however reserved,
and the result was that the ass was now sent down again for
trial. The fasts, as will be remembered, were of • very
peculiar character. The deceased, Thomas Shilling, carried
on the business of a builder in • small way, at Mel-
ling, and his father, James Shilling, formerly re-
sided at Maidstone, and was in very poor circum-
stances, having, it appeared, upon some occasions,
received parochial relief, but during the latter part of his
lite he had gone to reside with his son at Melling, and they
were In the habit of riding about in a small pony chaise
kept by the latter. It appeared that in June, 1866, two
polities of insurance against death by accident, each for the
sum of 2,0001., were effected ny Thomas Shilling with the
defendants, sad the premiums for • year duly paid by him,
and the transaction that was the subject of inquiry took
place on the 11th of July following, very shortly after these
issuances had bean effected and the policies granted. On the
evening of that day, about half-past seven eclock, the father
and son left Melling, with the pony and chaise, for the pur-
pose
of going to Whyleaford, where Thomas Shilling
wished to visit • stone quarry and purchase some
and stone and other articles necessary to carry on his trade
as • builder, and to get to this quarry by the nearest route it
wu necessary to pus along • reed of • somewhat
description, the river Medway with • Weep bank t
one side and the railway on the other, and both being vk47
clue. A gate leading to the quarry was found to be loc
end Thomas Shilling got out of the chaise and walked to the
stone quarry, leaving his father, who wasalsoseen to get
out of the vehicle and to go and stand by the pmy's head
while he was grazing, in charge. Thomas Shilling had
emu convusallon with one of the man employed at the
quarry, and he then returned to when his father and the
poll wan left, and they were both Nell to get Into the
vb
and drive off along the road that has been above
described, apparently on their way home; and It was proved
that almost at the same moment • luggage train passed along
the railway, and the driver, according to the regulations of
the railway, which required that he should do so at this spot,
sounded his whistle twice. Neither Thomas Shilling, or his
father were ever seen again alive. The family were,of course,
very much alarmed at their not returning home at the usual
hour, and inquiries were made respecting them in every di-
reetkn, but without effect, and on the following morning the
pony and chaise were found dealing in the Medway near the
spot where they had been last sem, and the bodies of the
father and the son were also found in the river. Upon the
place being examlusd, the tracks where the wheels of the
chaise had gone down the bank into the river were discovered,
and the suggestion appeared to be that the pony had taken
Light at the whistle of the engine, and that he had dashed
down the bank Into the ricer before he could be restrained by
Thomas Shilling, who always drove when he and his
father went out together. It turned out that James
Sbilling had made a will, bequeathing his Interest in the
policy to his son, and in due course en application was made
to the company for the payment of the amounts secured by
the two policies, on behalf of the present plaintiff, who had
taken out administration to the effects of her deceased
husband, and it appeared that the company paid the amount
of the son's policy, but resisted the payment of the one
effected upon the life of the father. Another policy for
1,0001., it appeared, had been effected on the life of the father
with • railway assurance company, and this sum had been
paid to the plaintiff. The present defendants, however,
risisisd the claim made upon them, and an action was
causagasestly brought against them as above stated, and
which resulted in a verdict being given for the plaintiff.
A great number of witnesses were in attendance to be
examined on both aides, and the trial was not concluded at a
late hour and It was expected that it would be found neces-
sary to adjourn it.

NORTHERN CIRCUIT.—YOB[, MARCH 17.
Czowx Coonv.—(Defore Kr. Jostle' Bytes)
TEI IZIONLIT POISONING CAIIIL.
This ODOM= opened yesterday, but not concluded till to-
day, the jury being provided sick accommodation in the
Castle during the night.
AAR sagar, 46, was charged with the wilful murder of
his wife, Barbara Sager, at Keighley, on the 19th of Decem-
ber Wt.

Mr. Foster, Mr. Mode, and Mr. West were for the
prosecution ; Mr. Dearsley and Mr. Seymour defended the
F
Mr. Foster said the prisoner wee charged with the wilful
snider of his wife, by poison, on the 19th of December last.
The deceased had been married to the prisoner at the time of
her death about 19 years, and she had given birth to nine
children, the whole of whom had died in their in.
hwy. The prisoner was master of the Keighley Work-
house,_ and had occupied that situation about six years.
On Saturday, the 12th of December last, just a week pre-
vious to her death, the deceased was in her usual good health,
but in the course of the day she was taken 111. On the fol-
low.ng day she was very sick, and Mr. Milligan, the surgeon
of the workhouse, was in attendance upon her. It was ne-
esemsry here to remark that the deceased had been afflicted
with an ulcerated leg, near to the ankle, but that ulcer,
_at
the time she wee seized with illness, was healed, and bad
kr:..l quite well from the previous September or
Oc; iber. The deceased died on the 19th of De-
cember, and the circumie ances attending her death led to the
holding of a coroner's inquiet, the result of the inquiry
being that the woman had died from taking poison.
The conclusion arrived at by a post mortent examination
was, that deceased had died from arsenic recently adminis-
tered, and taken in small doses. Counsel went on to describe
the effects citaresnlc. It caused a burning pain in the stomach
sad throat, vomiting. sad retching*, and crested intense
thirst, and these were the symptoms of the deceased's com-
plaint during the week she remained ill. On Monday, the
14th of December, the deceased was ill in bed, when she was
visited by a Mrs. Smith, to whom she remarked that she
was sinking fast into the grave, upon which the prisoner,
who was present, observed, You have said so so
often that you bad better make haste about it."
The deceased partook of tea and gruel from day to day,
which were given to her by the prisoner and a female
named Mary Dyson, and on almost all these occasions
she was attacked with vomiting'. The deceased complained
of thirst and burning pains in her stomach, and was in
every. respect like a person labouring under the effects of
arsenic. She became worse on the Friday, and on Saturday
she was so dreadfully attacked that death terminated her
offerings. The question for the jury would be, whether the
prisoner caused his wife's death by administering arseeic to
her in repeated doses. That he had a motive for so doing
was clear, for his past conduct to her had been most cruel.
He had been seen on several occasions to ill use and beat her,
and once he placed her in the dead-house of the workhouse.
Nittneseee were then called to prove that the prisoner wee
In the habit of administering her medicine to the deceased,
and that alter taking it she had complained of thin* and
burping in the throat and had vomited.
John Milligan, surgeon to the Keighley Workhouse, wko
attended the deceased during her last illness, described the
treatment which he prescribed for her. He saw no symp-
toms under which deceased laboured which led hint to believe
that arsenic had been taken into the system. In his opinion
the deceased had died from inflammation of the stomach

produced by spontaneous causes.
James Butterfield deposed to fetching medicine from Mr.
Milligan's, which he gave to the prisoner.
Ruddock, surgeon, of Krighley, made the post-
mortem examination of the deceased. In his opinion de-
eming had died from inti immation of the stomach, which
might have been produced by arsenic or by natural causes.
m. Ainley, surgeon, of Bingley, corroborated the pro-
I;ous witness.

George Morley, surgeon. Leeds, stated that he examined
the conten's of the stomach, &e., of the deceased, and detected
the presence of arsenic in the liver, kidneys, and spleen.
Two and a half grains were suMcient to cause death. Ile att ri •
bated the death of deceased to arsenical and not to mantel
muses.

After some further evidence,
Yr. Foster said he had now laid before the curt all the
evidence which he was able to adduoe, and he felt bound t,
say that, in his opinion, it failed to establish the charge of
murder spinet the prisoner.
His Lordship concerted in that opinion. The ruse might
be one of wurpicion ; but it was not one in which the jut/
could safely find a verdict of guilty.
Under his Lordship's direction the jury returned a verdict
of Not Guilty.