The Express.
London, England, 1857-07-16 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—CnumseoRD, JULY 15.
CHOWN SIDE.
(Before the Lord Chief Baron.)
Ml'iDfia.
Charles Fitch, 28, a sullen, determined-looking man,
was charged with the wilful murder of Harriet Freeborn,
by rutting her throat, at the parish of Itivenhall, on the
21th of May.
Mr. Prentice and Mr. Breniston conducted the prosecu-
tion. The prisoner was defended by Mr. Woollen.
It appeared from the etatettent of the learned counsel for
the prosecution and the evidence adduced to support
it, that the prbviner was • labouring man belonging to Riven-
hall, and during the late war he entered the Land Tramped
mope, and wee employed in the Crimea, and returned from
thence about a par and a half ago. The deceased wee a
respectable young woman belonging to Kelvedon, but • few
Lys before the 24th of May, which was • Sunday, ehe had
been in the service of • fanner, named Upson, at Itivertmll.
The prisoner mad the deceased had been what is termed
keeping company together both before and slier the prisoner
had been to the Crimea, but it would seem that shortly be-
fore the fatal occurrence he entertained the im-
premien, for which, however, there did nut appear
to be the slightest foundation, that during his
almence the deceased had received attentione front another
man, and he was repeatedly heard to declare that be would
do her some injury. They were walking together on the
19th of May, and the prisoner a day or two dterwarde told
one of the witnesses that be had a error in his pocket at that
time, and that he wee jealous of her in cease pence of her
having been intimate with some young man in London. and
that ho would do for her the Brat opportunity that offered
itself. On the following afternoon the unfortunate young
woman left hee master's how* about three o'clock, for
the rupeee of going to church, and just es she mound
• elite In a field near the town, the prisoner
suddenly jumped over the stile, and without saying • word
he inflicted • wound on her tlinat with a razor. He then
went away a short distance and returned, and gave her
&neither wound in the throat, and subsequently a third, one
of them revering the windpipe, and being of a very dangerous
character. The deceased contrived to make her way to her
, onerous houne, where Mr. Tompkins, a eurg,ron of Witham,
I =tic. attended and drawl' the wounds, and for mime
a prospect of her recovery, but on the
lIS of 7taCrell,ho became worse, end died on that
L., sad upon • post mortem exancinetion it was
dlecovered that the injurer' the deceased had re-
asked had caused extensive influenation of the
windpipe, and that that was the cause of death. The
I pirsor wee token into custody, sitting in • ditch near the
get when the dreadful deed had been committed, anti his
*let sada., enured with blood, were found near him, and
• rimer, which was the instnunent ho had made use of, wee
picked up close by him. lit appeared to make no secret of
his having committee' the crime, and wee originally cora-
-1 mined to take hie trial for wounding with intent to murder,
but upon the event of the death of the deceased subsequently
I taking place the conmer's jury returned &verdict of wilful
I murder ageing the prisoner, and he was now tried upon
that inquisition.
Maley, one of the Essex comaribulary who took charge el
the primmer, proved some of the above farts, and he ales
meted that on the following day, while the prisoner was con-
fined in the Witham police-station, he sent for him to his
all, and when he went in to him, he said, "That girl
has been the ruin of me. Ipd hold of her and gave her •
cut with the razor, and eke said, 'Don't do that, Charles,
'on know I love you.' She then asked ms to klaIS her_, and
I
cut her again and then went away, sad she said wee a
blackguard, and I went back and cut her again." The
witnem mid that he saw the prisoner again on the 30th of
May. and he exclaimed "Fifteen years' transportation, or
life r The prisoner then inquired if shy wee alive, and he
told hint she was, and he sad " I don't care a—. I wish I
had killed the —, and then I should have known what I
had gut to stand to."
Upon being erase-examined by. Mr. Woollen, the witness
said that the prisoner wee swinging his emu about, and
appeared excited, when be nude them obeervetions. He had
known the prisoner for sores time, and remembered his
coming back from the Crimea, but he had never breed that
he had had ea attack of brain fever, or that Ids mind was in
any way afketed.
The statement made by the unfortunate young woman
shortly before her death was then pat in. It was as follows
"I live at Kelvedon, but on the24th of May I was in the ser-
vice of Mr. Upson, a farmer, at Rivenhall. On Sunday after-
noon I went from my mailer's home with the intention
of going to church, and wee crossing a field, and had got to
the stile. When I got to the stile Charlie Finch came over
the stile sad cut me with a razor, and at the same time said
' You ere a deed woman ! I will be hung for you.' I
said, " Yen blackguard:' and he came to me end cut me
twice more. He C• 1911 suddenly upon as at first, and I said
• You made me jump.' He said ' Why,' and I replied
' Because I was making haste to church.'
Mr. Woollen made en earnest to the jury on
behalf of the prisoner, mid he eaidaLP7ite instructed that
while in the Crimea he had suffered • severe attack of Main
Lever, which had affected hie intellect, sad he endeavoured to

show that he wee nut reeponeible en amount of the state of
his mind fur the act he had committed. He called no wit-
nesses for the
The Lord C serisferlor or,. in summing up, amid that If there
had been any foundation for the suggestion made on behalf
of the prisoner it should have been established by evidence;
and if any application had been made to him to postpone the
trial to procure testimony of that deemiptiun be should have
granted it; but the jury muat deal with the came so It stood,
and they would very much neglect their duty if they acted
upon any surmise or wore induced to come to the convhasion
that the prisoner was not criminally responsible for the act
be had committed, in the absence of all evidence to support
such a suggestion.
The Jury retired, and in about twenty minutes they re-
turned into court and gave a verdict of Guilty.
The Lord Chief Heron then put on the black rep, and pro-
ceeded to pus sentence of death in the usual form upon the
prisoner, at the same time telling him that his crime was of
such a nature that his fate was inevitable, and that he taut
expect no mercy in this world.
The prieoner, who did not betray the least emotion, either
during the trial or when sentence of death was pronounced,
was then removed from the bar.

NORFOLK CIRCUIT.—ATLEsBgair, JULY 11.

CROWN COURT.
(Before Lord Campbell.)

Charter 1)oggrell, aged 37, and Edward Birch, aged 33,
were Indicted for • burglary at the residence of Mr.
Mitchell, the lessee of the St. James's Theatre, on the sth
of May.
Mr. Payne was counsel for the prosecution; Mr. Metcalfe
defended the
Mr. Mitehrin°wlffsa. house at Ivor, but is seldom in resi-
dence. However, on the 4th of May, he went to enjoy his
ottani cure diguitate at leer, and retired to rest at the usual
hour. In the dead of night his man-servant was disturbed
by footatem below, and, sts.ding to the top of the staircase
in hie nightthirt, heard two mon walking about the hall and
drawing-room. Ile at once called out, Who. there r and
received for answer, Who's that, you —? Lay down, or
well blow your brains out." The valiant butler, nothing
daunted, rejoined "Will you ? I'll soon be down
.upon
you," and repaired to his bed-room, where hung a prodigious
old sword. cawing this weapon from its rusty ahsath, the
butler sallied down to the lower door where he made such
good use of hi. voice and weapon that the burgle.* beat a
Kidd.* retreat through the window by which they had
entered, but not before they had collected a few valuables
from the drawing-room. Early next morning • constable
fell in with the two prisoners, in whose possession most of
Mr. Mitchell's property was found, besides which awkward
feet the butler identified one of them by his voice.
Mr. Metcalfe having waived his address to the jury
The Chief Justice commended the learned counsel 'for his
judgment and discretion, as the case was too clear to admit of
argummit, and when that WWI the case it was the duty of
counsel to abstain from attempting impossibilities.
the jury having at once found the prisoner. Gully, they
were both sentenced to dye years' penal servitude.