The Express.
London, England, 1861-05-11 00:00:00

(Stamped, Id. Additional.) LT WOPE INCE

LAW INTELLIGENCE.

COURT OF EXCHEQUER-MAY 10.

Bittiap at NiM Prima at Westminster.-(Before the Lord
Chief Baron and a Special Jury.)
THE REV. MR. HATCH'S CASE.
HATCH V. LEWHI AND LEWIN.
(Continued from yesterday's Expresa)
_ . _

The examination of Lacy Hatch wax then prooesded with
—I don't think the defendant asked me any question at the
police-office. I don't think he asked me about Eugenia
Plummer and I going to papa's bed. I was with my mamma
at papa's triaL Mr. Lewis did not ask me any questions.
Crom.examined—l recollect going with mamma to Mr.
Lewis's house. I was sent out of the room. I don't think
Mr. Lewis asked me soy questions. I remember I was cau-
tioned to speak the truth before the magistrates. I don't
remember about being asked about what took place in bed.
My mamma and Mrs. Dillon had spoken to me about the
matter a few times. I don't remember that papa spoke to
me about it. _

think the first time mamma mid any-
thing_ to meabout it was when I went to the policrpoffke.
Alfred Taylor, clerk to the magistrate at Wandsworth,
on the charge against Mr. Hatch, produced the charge card
the notes of the depeethicons
Mies Martha Howe examined—l am now a governess at
Mr. Irving's, of Newtownbarry, in Ireland. I was a germ..
nem at Mr. Hatch's till he left Wanciewtrth. I was there
"ea Eitiismad ititalloftiraltor Mate them.. MN,
et the en anther, whim Hr.HlQts
wee there. I ass act then at Mn. Hatch's. sent for
me. I did not me Mr. Lewis until I was examined in
court. He did not ask me what evidence I could give.
Mr. Lewis did not afterwards use me. I saw Mr. Lewis at
the Central Criminal Court. I asked him M I shield be
.called, and he said no, he did not mean to call witnesses.
If I had been called I would have given the seine evidence
es I did on the trial of Eugenie Plummer. When I lint
went to Mr. Hatch's, Eugema Plummer and Lucy Hatch
were there. Stephanie had not then come. I used to
walk out with the children. Eugenia had plenty of oppor.
Sanity of disclosing anything to me. I recollect Mr. and
Mrs. Mummer 'winging Stephanie them. Mr. and Mrs.
Plummer dined there. I arrived at Mr. Hatch's au hour
after Eugenie came. When Mr. and Mn. Plummer
left the first day I was at the drawing-mom
window, and had a view of Mr. and Mrs. Hatch
and the children. They were running to catch him. I
think, as far as I remember, that Mr. Hatch ran into the
house with the children. He could not have put their
hands into his troupers' pockets without my seeing it, sod
I swear be did not do it. Mrs. Plummer directed that the
door from Eugeula's bedroom to the lauding place should he
taken off the hinges, that she might have plenty of an.
After studies, we pawed the evening in the drawing room.
The children used to go to bed about 8 o'clock. It was Mr.
Hatch's constant habit to remain in the drawing room. I
recollepeg.:shanie coming there. Mrs. Plummer came le,
and a angry beaus Sepsis wee at her studies end
Lucy was not. Mrs. Plummer took Eugenia out of the
schoolroom, and I believe they erect to the garden. The
Plummer cams and took the two children away. It was
ea that *cession she made the observation about Eugenia
being in the schoolroom.
. . .

Crow es-examined—l was never asked by Mr. or Mrs.
Batch to put down in writing in order to be shown to Mr.
Lewis what I could prove. The child Eugenia
and bar sister Stephanie were most kindly treated by Mr.
and Mrs. Hatch, but I don't think he was the kinder of
the two.

Reaxam hoed—With the view to the application to the
Bearetary of State I told Mr. Holt all I knew.
Marisnoe Reed—l am a servant, at Notting-hill. Daring
August, 1859, I was in the service of Mr. Hatch. On the
lath of November I attended, at the request of Mrs. Hatch,
pt the Waodaworth Police-court. Before I was examined
'1
'am, not questioned by Mr. twit as to what I could say.
I attended Mr. Hatch's trial at the Old Bailey on the lot of
December. I remember Mrs. Plummer coming on the 11th
eif August with Eugenia. 1 remainber Mr. and Mrs.
Plummer leaving. I was on the doorsteps ; Mr. and Mrs.
Hatch, Eugenia and Lucy, run after the carriage. They '
returned to the garden, holding hands. It is not true Oat
Mr. Hatch put the hand of Bonsai& Plummer into his
pocket. There was no hole in the pocket of the trousers be
wore that day. I was ordered to leave the door, of Eugenia's
room open day and night. I was in the habit of going
into Mr. Hatch's room foe Eugenia in the mornings ; she
used to be on the bed, covered with the counterpane, on
Mrs. Hatch's aide. I remember a little party being given
on the 11th of August. When the children were dreased I
kit theta wiSh:Mr. Hatch. In a few *butes Mr. Coghlan,
• visitor, came up to the room.
Cross-examined—Neither Mr. Hatch nor Mrs. Hatch
ever asked me • word about this until after Mr. Hatch was
convicted. I was examined before the magistrates. I was
asked if I knew anything more than what I then stated,
and I said " No."
Ellen Parr, who had been a cook in Mr. Hatch's service
in Magnet, 1859, proved that she had not bees morticed
by Mr. Lewis.
Mr. Coghian, a visitor, deposed that he went up to Mr.
Hatch's room the evening of the party to call him down,
and he came down directly.
Crosaexamined—l was never asked about this until Mr.
Hatch was convicted. _ _ _

to prove the alleged fact as to Hr.
Hatch having, while in the garden, put Eugenia Plummer's
hand into his pocket, but she stated she was not watching
them.

—Mies Valerie Raffael deposed that she saw Mr. Hatch,
Eugenia Plummer. and Lucy Hatch in the gardee, and she
thought she must have seen him put the children's hands
in his pocket if he had done so.
Cross-examined—l was not watching them. I don't re.
member having seen him taking hold of their bands I was
not asked about this until after Mr. Hatch's conviction.

The Rev. Henry John Hatch examined—l am in my
43rd year. I was educated at Eton. Went to Cambridge,
and went into holy orders in 1118. I was appointed chap.
lain to the Wandsworth Rouse of Correction in Ptril. I
was in pecuniary difficulties when I advertised for children
li to educate. I recollect Eugenia Plummer coming there on
the 11th of Aerie.. When Mr. and Mrs. Plummer came,
I acoompuiied Eugenia and Lacy to the carriage. I recollect
the charge being brought against me, and my surrendering
myself on Saturday, the 12th of November. wan taken to
the station, and on Monday to the polioe.oftice. Mr. Lewis
came down to me and told me he was to conduct my case ;
that he knew me, and would do the best be could for me.
I said it was an abominable false charge. I gave him some
papers. He said ho would road them, and come and see
me ahain before the cane came mi. He did not do so, and I
could net communicate with him before the magistrate.
' After the bearing Mr. Lewis came to me, and I said I hoped
he would see all my witnesses. He said my wituessesZ
contradicted themselves. I said all the inmates of my house
could disprove the charge. When I was committed to Hone-
mouger-lane Gaol, Mr. Lewis did not come to me until
the day before the trial, or the day before that. I said I
hoped my witnesses would be produced, and his rely was,
"Mr. Ballantioe has decided not to call witnesses. I said
I was very sorry, but I supposed he knew beet. He said I
need not be uneasy, eche did Dot think soy jury would con-
vict me on the evidence of a single child. He was not
three minutes with roe. On the morning of the trial he
came to me io the court. I asked him bow the case would
go, and he said, " Well, you know it's an up-bill case."
He went away in a hurry. I have heard Mr. Lewis was
TIN, for my defence. After the trial I petitioned the
of State, and after Eugenia Plummer was convicted
I was pardoned. I was let out from Nevreste ou the glad
of May. I have not since been able to get any employment.
I have taken duty twice, but objections were made to me,
and I bad to give it up. My sentence was four years' iin-
pritionment and hard labour.

Cross-examined —My salary at Wandsworth was 250/. a
year and a house. I had no private property, nor had MT..
Hatch or her mother. I was as kind as I could to the
children. lam not aware that Eugenia ever had any un-
kindly feelings towards me. I was informed by the visiting
justices that an inquiry was fixed to take place into my con.
duct on the 2Stli of October. I say klusitively I did not
resign until after the meeting of the visiting justioes. I was
advised to do so. I consulted nobody but Mr. Onslow, the
governor.
At that time I WM in pecuniary difficulties, but
was offered a living in the north.
At this period of the cross-examination the case was ad-
jounsed until this morning.

taken place after the execution of the inetramea, • ',KOMI)
wee retuned accordingly.
The Court then declared probate of the will in its original
form, under which the testator's son Piers would take a
share of the residue, all the coats to come out of the
estate.

Mr.Cierila, Mr. Collier, Q.C., Dr. Seinks, hil!:;.petatiy.
Mr. Power, Q.C., Mr. Grey, and Mr. Kwgdon for
the parties.

HAIM r. BORHAM.
This cause had alrea_dy born virtually tried. It related
to the will of the late Mae Elisabeth Borham, who died in
August, 1856, at the age of Mar 70, leaving the doeumentio
question, executed on tho 24th of the previous December.
The deceased had in early life resided with two heathen,
who were Smiths, and at tho death of the survivor she
sent for Silas Smith Barham, who was said to be her
nephew, who lived with her at 88, Limehounecatuieway,
and who was her con&leutial man of business. By the
will in dispute she left the whole of her property to Bor.
ham, bet its validity was disputed by a relation. The suit
was commenced in the Prerogative Court, but it was trans-
ferred to this court, and decided by Sir C. Creswell in favour
of the will. Mr. Borhani had since died, and sandals-
tration of his effects, with the will of Miss Bonham an-
nexed, had been taken out by the present defendant, his
son. The plaintiff, a cousin of the testatrix, now assailed
the will, on the grounds of undue execution, undue in-
&lance, and fraud.
Mr. Chambers, Q.C., D. Dame, Q.C., and Dr. Spinki,
appeared in slCof the instrument; Mr. Lush, Q.C.,
and Mr. Ho tee the planted.
Elisabeth head attendant at Stapleton Asylum,
near Bristol, and the only. surviving attesting witness, said
that in 1855 she was pietist to Mr. Payne, the exhibitor if
a diorama at the Pgyptran-hall, Piccadilly. On the Christ-
mas-eve of 1855 she was invited, with Mr. Parse, to sup
with the Borhams, sad i o the course of the evening she
and Mr. Pays ware asked to rituals the testatrix's will,
which they did. _

Cronweismined--Silas Smith Borham was not prevent
during the execution of the will. There was a woman
named Russell who lived with him ; but she was not in the
room. Miss Boris= was certaiely not fn bed. No one
guided her hand. Henry Payne, brother of the other at-
testing witness, had Dam told witness that his brother was
very unhappy about the evidence lie had given about the
will at Doctors' Commons. Had heard that the former suit
was appealed and compromised. Had sever told Willis*
Sweet that wifasess and Russell took the will upstairs ate
got the decimated to sign it under tho idea that she was
merely witnessing Mr. Borham's will.
Mr. Lash said it was not true that Florham was a relative
of the deceased ; or that she had entertained any feeling of
affection for him. Oa the contrary, she had often expressed
regret that she had ever allowed him to come into her house.
He should call the woman Russell, but be could not IT
beforehaud what the nature of her evidence would be.
Mary Rummell said that she went with Silas S. Benham to
live with the deceased about two years before she died. Saw
the will executed. The testatrix was is bed when she siped
it. Witness took uplhe will td her, but Elizabeth
krk-
ham rather pushed whams upstairs. Borhanfpve it witassis.
Could not say that he west with her. Maki to oases&
" Will you sign this for Mr. Barham!" She did rgacltz
anything, but told witness to take it bath ID Mr.'
after she had signed it. Did not tell her %Ambit was, mar
did she say a.ythiog about it. Dkl not see Eixkhpis in the
room at the time. In fact, she was nut there.
Cross-examined—Did not think that tMe was the fait
time whom bad ewer told this story. Had told it to the
clerk who,mune Mautpara her. Had made an affidavit in
Chanary, but did not know what was in the paper. Went
totheattoriet, Mr. Stamm, for the purpose, but ft was in fear
of Mr. Batman. Did net recollect hearing Mr. Slime read
the affidavit over. If. he did read it over witness did not
take the least notice of it. Had applied for assistance to
the preeeat Mr. Boehm.
Mary East, an intimate friend of the deceased, maw her
three days before she died. She told witness that • she was
very mach harassed in her mind, but Mrs. Russell came in
and stopped the ooniternstion.
The jury, without hesitation, found for the defendant, and
Sir C. Cmaswell'condemned the plaintiff in the costa.