The Express.
London, England, 1858-03-22 00:00:00

iHE EXPRESS. MONDAY EVENING, MARCH 22, 1858.

W whose name he should haes to mention in the
acme of Lis Dandle*. They both survived their father may
yeses. Mrs. Allchin also survived bee husband, sad some
Slrmensafter his desth she monied a gentleman named
, who wee powered of enteerabhl44roperz
sear Tonbridge. Mrs. Alichin lived
bar second husband until his death, viZeh took prom
in 1830, or thereabouts! and from the death of her
Mho Mir Frances Aiken lived with her mother, and after-
wards with her step-father, and wee treated by them with the
preset Ideate, and lived in the utmost comfort and bap-
Wm the death of her mother, which took place in the
yaw 1817. He had stated that the greatest affection subsided
keen Mies Allah" and her and shortly after her
death, whether brae pie f or other osasis, or from • tender,
to dimes, the became inane, and it wee thought aeraatary
bybrz Maeda that she should be removed to a lunatic asylum.
Agra • time it was thought she was better, mad she west
both to her fathers house, but bar unfortunate malady again
OMMllSrisr, sad she vas • second Woe removed to • lune-
tte as and a ccentrifeeks of teary was issued spinet
her ia that her property might be protected. The
fetter, Mr. itizenheari, selected for bee place of re-
sidesce the estaditheent of a 'gentlemen name
Newington, at Tram* fa aueserwho had four sisters who
sashed him in carrying on the eatelishment, ad
hewed he be-
lieve it was conducted ape • system el the Pal=
Madness and humanity, aid ono, that weemeastly
eisotYlly to restore the unhappy proem who wee ermined
la it. tr Allchin remained in a date of Wray amber
the care of Mr. Newington until the year 1828, het at the
end of that year and during 1829 the exhibited symptom of
improvement, and Mr. Netringte expected the malady to
&mapper., and in the following pew she wee eo much mo-
wed that her fried' ederneed serious thoughts of apply-
ing to the Lord Chancellor to =pens& the commiados of
homey and restore to her the mesa of her property. •
report was accordingly made to Lord Healey, me of the
Masters in Chancery, with that view, and epos the applica-
tion made to him he directed that en ezandnation of the lady
should be made by able and emeseesat phyddes, in
order that they might make • report of their oph se to the
elate of her mind. Dr. Yates, • pinkie at that time at
Tonbridge, • gentleman of high agii endprolleriosel
skill, who had since gone to his grave, was cue of the gentle-
men selected by the Lord Chancellor, and he swen/4 exa-
mined the lady : and the result of that eandnetion was that
he saddled himself that she was perfectly mooned. The
essaminion of lunacy would have bee superseded at
that time ; but se Mies Allchin had been a great :ray non
sat of the world, and her father was dead, and then IMMO ao
/Mal Meads with whom she could have to reside,
coupled also with the fact that tree to be • straw
miessid laelbg ot regard and &Section between her sad the
lfewlagta Smelly, she desired to remain with them, and
she didso with the consent of the Lord Chancellor, who ob.
11111.111 d that there did not seem to be eny preemang necessity to
suonedethe commission and no further steps were taken with
the view until the year 1832. The state of the mind of the
lady bad however no doubt began to improve in 1828, end
at the latter end of 1829 be believe he should satisfy them
that the wee perfectly recovered, and though eke remained
In the lunatic aryls= after that period, it would be shown
that she was as lase to does she plated ea any gentleman
now in cote, mad that she was never treated as a lunatic,
or aayy restraint whatever placed upon her. She appeared to
be accurate in mossy matters and everything re-
le be perendary affairs, mad alio to be well acquainted
elk ler duties relating to bar propesty, and how it should
edema& of. Shortly after the Cage Farm was settled caber
the made • will, by which she deviled her property to Mr.
Siminoes, her step-father, end his epee, Mr. Martin,
the grandfather of the preset defendant, 'abject
to so annuity that wee to be paid to her sister. The will
Itself wee made in 1802 or 4, and it could not be found, and
ease not forthcoming. A draft of it, however, was in exis-
tence which he should put in unless it was objected to by his
learned friend, and his object would be to show that from
the vary first Miss Allchin had never made bat one dispo-
sition of her property. In 1832 alas woe minded to mike
another will by which her roperty would per to the
Martin family, end it appeared-to he that the evidence as
to who were the attedieg witnesses to that will would sloe
be a sufitoient answer to the scam, sod would meat-
Ink in the most clear and the mew the she was per-
belly competent to execute such an ladrazaist. Mr. Hervey,
the superintendent of the setabligenent, who wee
since deed Dr. Yates, a gentlemen of
carefully
examined end
character, who bad on four previous
examined the deceased lady, se Dr. Mayo, theprementCere
dent of the College of Physicians, IMO the parties who at-
tested this will. The two latter panatela were the visiting
physician' at this time to the asylum, and belcre the wit'
of 1832 was executed they signed a esemoats, declaring their
opinion that at this time Miss Aileen was of perfectly sound
mind. That the lady was perfectly meat this time it appeared
to him no doubt could possibly be anterteined, and he chal-
lenged his learned friend by any scintilla of evidence to im-
peach the testimony that would be given upon this point, or
to show that at any subsequent period of her life, from the
6th of August, 1832, the day on which the certificate wee
given, until her death in January, 1846,1ur malady had ever re-
turned. He would call every one of the pawns who were alive
and had been in communication with her during that period,
who Would prove that she remained perfectly sane until her
death. In 1833 the commission of lunacy was superseded, and
the will was republished. In 1834 another will was made
by the demand lady, and the reason for this we theta doubt
ins entertained whether, after the death of Mr. Simmons,
under the terms of the other will, the property would have
pared to the nephew, Mr. Martin, which Mies Allchin
most snitionsly desired it should do, and she wee also advised
that it might be made a ground for impeaching the validity
of the original will that it was made while the commission of
lunacy WI/ in existence. It wee in ormaequenoe of this that
• petition was presented to the Lord Chancellor, praying him
to supersede the commission and he might state that the
husband of the jpresent plaintiff was one of the parties
to that petition. It was now necessary for him 1 call the
attention of the jury to the circumstances connected with the
career of the sister of the desered, Harriet, and it was of a
somewhat melancholy character. Not long after her mar-
✓iage with Mr. Wilbert she was and eventually
deserted by him, and, from grief, in all probability, her mind
became affected, and she was placed in a lunatic asylum,
Her deter provided for her until she herself became ear,
in 1818, but the sllowance was continued, and in every will
that was made she left her 1001. • year. Subject to this
annuity Mies Allcbin, from the very first, expressed bar
determined= to leave her property to the Martin f
and the jury would find that it was quite reasonable Hii:Vl
should do so. In 1837 she had evidently formed the intention
to continue the remander of her life with Mr. Newington and
hie family. She had no friends or Materna, sad was treated in
the astablishut where she was with every Nesse and atten-
tion. She also fancied that by remairaingwithMr.Newington
she would be protected from the importunities of her sister's
husband, Mr. Willmott, who was continually annoying her
and demanding money, and to whom she had a very great
dislike, on account of his treatment of her sister. Tea At-
torney-General then proceeded to state that in accordance
with the intention she he always expressed, Miss
Allchin, in 1837, executed • deed under which Mr.
Martin, the defendant's father, came into possession of the
farm upon the understanding that be was to pay her 2301. a
year rent daring her life, and at her death, under the will, he
came into absolute possession of the property. He said he
should call every witness who was alive, seven or eight
la number, to show that et the time this her-
meat was executed, Miss Allchin wee of perfectly sound
mind, and that her health and capacity were perfect, and
he weed than sek upon what grounds this action had been
brought. To him they were quite incomprehensible. If Mrs.
Johnetoe was mantled to the property as heir-at-law at the
meet time the had an equal title in 1837, when her hus-
band was alive, when nearly all the other parties to the dif-
ferent instruments were also living, and when at least ten
I=of reepeolabflity wen alive who could have given
ant evidence and might have been brought forward as
wither's. If the plaintiff really had any caw, why was not
the action brought at that time ? He would, however, tall
them what had done. In 1848 an action similar to the
present was brought. They had all their withered ready
os behalf of the defendant, but when the case wee
about to oome before the court, the suit was
discontinued, and nothing had been done is the matter
from that period down to the present time. The cause that
was now to be deposed of was begun the latter end of last
year when all the most imminent witnesses were dead, bat
he believed that when his learned friend bad heard the evi-
dence be should lay before the jury, notwithstanding the
difficult's@ to which he had alluded, he would feel it to be hie
duty to retire from the case, and that the defendant, for the
Prrest of his life, would be left in undisturbed poserion of his
r
]Mayo
was then examined. He deposed that Ii the
year 1818 he resided at Tonbridge, and he we cue of the
visiting physicians appointed by the magistrates to hapset
the establishment of Mr. Newington, at Ticknor- lie re-
membered the late Miss Ferns Aileen and he had arm'
conversations with her in reference to her' mainly before he
attested her will, and hie attention had previously Mee a good
deal attracted to her on account of her preferring to ranee
in the establishment after she was convalescent. She told
him that she did so because she liked the Newington family,
that she hit herself old, and to want Mends and advisers,
and alas did not know into whose hands the might fall if she
went late the world. She also urea to be afraid that if
she left, belacements would be made to her to alter the dis-
pose of her property. He paid particular attention to her,
end was eatlafisd that her mind was in a perfectly mound
state, and she appeared to possess an extraordinary amount of
plain common seer and was always in a particularly calm
and neon state. After the year 1829 Miss Allchla was
Dever treated or considered as an insane patient. Witness
was acquainted with Dr. Ystes. He was a physician prae•
temp in London and Tonbridge Wells. He believed he
was the medical attendant of Mir Allchin. In 1832 wither
sad Dr. Yates gave a oertificate of Mir Allehln's sanity,
amide the 6th of March, when that certificate was given, she
was undoubtedly perfectly sane. Witness had had the OWN
respecting her condition for several years previously.
=
este day the certificate was gives witness and De
Yale sorted
the will of the deceased Dr. Yates was since
dead. Mr. Harvey, the other Unsnap witness, was also dead.
The deemed was undoubtedly odte competent to make •
will is 1832, and from that period until 18.. M, when witness
ere to have any connexion with the siteblisluneet, she
sew bad eny return of her malady. The whore add he
membered that attn. ?dime Allchln's Interview with Lap
Brotegesn,who was at the time Lord Chancellor, down to the
enured= of lunacy being superseded, she gave het a
b7ebipillincamsrmamTisheorf ownhrertookar.4"il said
that he
a
quiet sad esomfal retreat to being in the turmoil of the
and that she formed a great contrast in this rape to mew
other people at that time, this being about the Mild gif re
Rebel Bill agitation.
Dr. Mayo we moss-examined by Mr. Jams, Wooed',

at ell leaterlal was 'belted that in any way affectad the evi-
-6000 he bed even fa °hist

lb. 8. All;yas, dirk to Worn. Sworn, of Teeth'.ldge,
who wen attorneys to Mks Allatin in 1832, proved the
mal of the will, end atm that the testatrix appeared to be
of tetly sound mind In all her tainmetions with those
gentlsmat.
Soaks other evidemoe, to
show that the demised lady sp-
rawl la ha la • peehetly monad state of mind while she was
the Embus alter the yea Mil, was then given., and at
balf-past six o'clock on Friday evening the trial was ad-
journed.

At the sitting of the court this morning further evidence
wee adduced in support of the defendant's case.
WI. HassonAlbs assistant matron at the establishment
from 1833 to 1137, proved that ohs saw Miss Allchin almost
every day during that period, and she was wholly rational,
and never exhibited the slightest symptom of insanity. She
also proved that she refused to see Mr. Wilbur, her sister's
husbend, and that she heard her say, Bee how I should be
annoyed if I lived in a private house with that worthier
olairecter." She also repeatedly said that Willmott bad
brought her sister to poverty, sad that she wished Mr.
Martin to have all her property The wirer also stated that
she was not aware of Miss Allchinhaving any other statics
in the world except Mr. Martin, Mr. Willmott, and some
cousins if the family of the latter.
Mies Buckland, a yonag lady who had been the personal
attendant of the deoeaaed from the year 1834 to her death in
1844, was then examined, and she stated that during the
whole of that time the deceased never exhibited the slightest
Indication of her intellect being affected, and she identified
a great number of letters as having been written by her
from the dictation of deemed. These letters were put in
sad read, and their ardente showed that the author must
have been a person of rather more than ordinary intellect,
end bore every indication that the deceased wee a shrewd,
ersible person. The witness likewise stated that Miss Allchia
was p.ny sensible to the last moment of her existence,
sad just before she died she called her to her bedside, and
kissed her and said, " God bless you," and then expired.
Mr. Justice Ede, at the conclusion of the examination of
this witness, observed that he did not know what view the
jury might take of this matter, but it appeared to him that
after the evidence of the young lady who had just been
examined, an unanswerable case had been made oat by the
diodsal said they
it would be a mere waste of time to pro-
es
ceed say
The jury said they were unanimously of the same opinion
his
Mr. Jamesp. said that no or knew better than the learned
judge the duties and the difficulties of the position of an ad-
vacate. It was, bowers, impossible to make out • cams
without evidence, end after the opinion expressed by the
and the jury, he hit that he ought to retire, end the
ptiff would therefore he nonsuited.
. .

Mr. Justice Erie °twined that if it had stood upon the
evidence of Yin Buiddand alone, which had not been in any
way impeached, the user for the dahodant, according to his
opinion, would have been made out ; but there was wonder-
fully strong evidence besides to show that this lady was per-
fectly competent to execute the instrument in question. The plaintiff was then milled in the usual form, and a non-
suit was stated.

CLOWN SlDl—(Before Mr. JOJNiCO Williams).
Williams Baldwin, a respectable-looking man, surrendered
o take his trial upon an indictment which charged him with
he manslaughter of Betsy Brooker.
Mr. Russell and Mr. Addison oonducted the prosecution;
the prisoner wee defended by Mr. G. Denman.
There was another person named William Aerst included
in the indictment with the prisoner. He is, It appeared, a
very aged man, and he has for a great many years exercised
the medical profesdon in the neighbourhood of Maidstone.
They were both admitted to bail, bat the prisoner Baldwin
alone eurrendered to take him trial.

The charge was of • somewhat peculiar nature. Tho de-
ceased was • young married woman, the wife of a labouring
man, residing at Toed, near Maidstone, and the case on the
part of the prosecution was, that by improper treatment in
the course of what was supposed to be • pmtote labour,
but which turned out to be a totally diffitent matter, the
persons accused bad caused the death of the deemed. The
case was not of • nature to admit of the facts being given In
&deli, but it appeared that the deceased being attacked with
what she considered to be the pains of labour, sent to two
different medical mein residing in the town of Maidstone,
bed neither of them were able to attend, and she then applied
to the prisoner Baldwin, who resided at Maidstone, where he
practised as • man-midwife and chemist, and he went to her,
and finding that the rem was one of a very unusual character,
and the deceased being in excruciating agony, he requested
that Mr. Ayerst should be called in to assist. That patie-
nts. accordingly came, and he and the prisoner appeared to
have remained with the deceased during the night, and it
was alleged that they resorted to mechanical means to relieve
her, and that by so doing they caused the injuries which
menhed in her death. It was admitted by the witnesses that
the prisoner and Mr. Ayerst treated the deceased very kindly,
and appeared most anxious to relieve her from the pain she
was enduring, and the prisoner from the first to have
declared that he never intended to have any responsibility in
the matter, and that he only acted under the authority and
direction of Mr. Ayerst, who was known to be an old and
experienced practitioner.
Mr. Denman made a very able defence for the
and he urged among other matters in his favour that thee.
was no patties evidence that any act supposed to have
been committed by the prisoner was the canes of death, and
that in her condition at the time it might have been efts-
rimed by • variety of other causes. He also said that the
evidence showed that everything that took place was done by
the authority of Mr. Ayerst, and he contended that it would
be very unjust to the prisoner to make him responsible for
what took place under such circumstances.
Mr. Justice Williams, on summing up, told the jury that
if they were of opinion that the death was the result of gross
negl*.ee or ignorance on the part of the prisoner, it
would he their duty to find him guilty of the offence of man-
slaughter.
The jury, after some deliberation, returned a verdict of
Guilty, accompanied with a arcing recommendation to mercy,
on the ground that be appeared to have been actuated by a
good intention, and also to have behaved with great kindness
towards the deceased during the period ha was Mewling
upon her.
This case excited a good deal of interest in Maidstone. and
occupied the court until nearly twelve o'clock on Friday
night ; and during the whole time it was crowded by persons
who were anxious to hear the proceedings. When the ver-
dict was delivered, the ion among the persons in the
body of the court cep to be that it was one of acquittal,
and there was someloud cheering upon that supposition.
Mr. Justice Williams, not being aware of the real cause of
this proceeding, exclaimed with peat warmth that such cm-
duct was moat disgraceful and disgusting.
The court was then adjourned, but on the following morn-
ing Mr. Denman called the attention of his lordship to what
had taken place on the previous night, and he said it was
due to the town of Maidstone, to the county, and to the
country also, to inform his lordship that there was no doubt
that the manifestation of feeling that had taken place was
made under • belief that the primmer Baldwin had been ac-
quitted, and was not, as had been suppomd, an expression of
satisfaction that he had been convictA.

Mr. Russell 11sald be had no doubt from what had come to
his own knowledge that what his learned friend stated was
the fact.

Mr. Judos Williams said he wee very tied the learned
counsel had put him right in the matter as, of course, from
what he had stated, the expressions he had made at the
time did not apply.
His lordship, in pestling sentence, observed that he looked
upon the offence of which the prisoner bad been convicted as
one of a very serious character, and notwithstanding the re-
commendation to mercy of the jury, he felt it his duty to
order him;to be imprisoned without hard labour fora year.
Mr. Wordsworth, Q.C., has been sitting since Thursday
in the grand jury room and trying prisoner., and but for the
assistance thus rendered in disposing of the criminal business,
it is doubtful whether it would have been possible to com-
mence business on the day appointed for the county of
Susan. The whole of the cases, however, were di/posed of
on Saturday evening, and the commission for Sumex will be
opened on Monday at Lewes.

OXFORD CIRCUIT.-BHREWSBURT, MARCH 20.
Caowx COURT.—(Before Mr. Harm Watson.)
XIIKDIR 1411A1 MUCK WIILOCI.

Williams Davin. aged 35, was charged with the wilful
murder of Anne Williams, alias Morgan, at Westwood Com-
mon, soar Mach Weelock, on the 12th September, 1857.
Mr. Scotland and Mr. Benson prosecuted; and at the re-
quest of the court Mr. Powell and Mr. Browne defended the
prisoner.
The old woman, who was known by the named of Williams
and Morgan, was aged about 65, and had the reputation of
being a fortune teller. The neighbourhood in which she lived
was inhabited chiefly by the lower dames of agricultural
labourers, upon whom she practised her arts so successfully
that her fame as a "fortune teller" was spread for many
miles round, contequantly she managed to obtain a tolerably
good livelihood, and had amassed a small fortune. Her husband,
Morgan, died in 1856, and in a few months after his deathshe
induced the prisoner, a somewhat silly looking, short, thick-est
man, to live with her. They did live together, alternately
quarrellinri and cosy, until the 12th September last. On that
day the prisoner had been to Wenlock, same two miles from
Westwood, for groceries, Ac., but had stopped somewhat
longer than the old woman thought right, and she met him
a abort distance from home, when abe upbraided him, and
mane to be jealous. They quarrelled all the way home,
and ocatinued to do so while iidoors. Their quarrel did not
SOMA to elcite much attention from their neighbour., as It
was a eommon occurrence. One of the wiener's, however,
a little boy named Rowland, heard a heavy fall on the floor
acerb; sad shortly afterwards saw the prisoner leave the
hoar with marks of blood upon his emockfrock and fem.
He looked the door after him. In about half an hoar sure-
=lra ndgbboor, not hearing deceased stir, want to the
a, d saw blood on the latch. This alarmed her, and she
vent for another women, and they both entered the house,
the re= left outside the door. Upon going upon=
lying on the floor quite deed, bar fame
:11711 blood. There was blood all over the iloor, end some of
it had ran through the booed.. In deceased's head was a
watch, which had often been a subject of illepate rawer bre
sad the prisoner. On the dresser in the Mohr woe hind
a moms chap knife oovered with blood. It wee=l
that the knife bed been recently purebred by the p
Upon examining the body Mr. W. P. Bra s% wpm,
found, on tracing the carotid artery to the pine when lo
divides the internal and external carotid, that Ike intoned
vein was completely divided. There were mower wounds
in the neighbourhood of the neck and breast, many of there
of a formidable nature, and from which an enmous

city of blood bad down. The prisoner, who had left the
house in the afternoon, was traced by the police through a
wild part of the country to a distanes of about 12 or 14 miles
from Much Wenleeli, and was captured in an outhouse. On
being charged with the murder, the prisoner exclaimed,
" Oh, Lord I I did net think it was so bad as that." He
admitted that the knife wee his, and that he hed bought it
only •• day or two before.
On the part ef the defence it wee argued by Mr. Powell,
in an admirable speech, that the deceased had obtained an
uncontrollable power over the prisoner, by her
knowledge and practice of witchcraft; and that in litsquarrel
with her he had endeavoured to get himself free of the tram-
mels in which she had bound him, end, that 2 thank's, the
blows which were given—given no doubt in &madly straggle
for liberty and life—were the blows only of manslaughter,
not murder.
The learned judge summed up strongly against the impu-
tation of manslaughter.
After an absence of about twenty_ minutes, the jury re-
turned a verdict of Guilty of wilful murder against the
prisoner.
His Lordship, in paring sentence, said—Prisoner at the
bar, after • long and patient trial you have been found
guilty of wilful murder. In that verdict I entirely concur.
I do not see any grounds upon which your crime could be
reduced to that of manslaughter. You have but • short
time to live in this world, and I hope you will occupy that
pericd in preparing for another. That time will be given
you for repentance which you denied to your victim. It
only remains for me to paes upon you the extreme sentence
of the law—that you be hanged by the neck till you are
dead, and may the Lord have mercy upon your soul.
The prisoner heard the sentence unmoved, and left the
dock with • firm step.