The Express.
London, England, 1861-12-06 00:00:00

ASSIZE INTELLIGENCE.

.HOME ClROUlT.—Maineroirs, Die. 5.
(Before Mr. Artie, William.)
12.11 MUIDER A.? TOW MALMO.
Joke Atkins, 42, labourer, was indicted for the wilful
murder of his wife, Elizabeth Atkins.
The prisoner, who is rather a good-looking man, and
whose countenance did not exhibit the slightest indication
of any ferocity of disposition, would have been tried at the
lest summer assizes, but the trial was paiitposiedishe
application of his counsel, in order that evident,* be
adduced to show the state of his mind at the time act
was committed. When he was called upon to plead he for
some time remained silent, but at length he mid that be was
not guilty.
Mr. F. Enroll and Mr. F. T. Smith conducted the prose-
cution ; Kr. Barrow was counsel for the prisoner.
Mr. Barrow, for the defame, and in the coons of •
very able speech, mid they were already, no doubt,
aware that be did not intend to deny that the pri-
soner had killed the deceased, but the answer be
was instructed to make to thochargs was, that at the time
the act was committed the prisoner was not in such a state
of mind as to be criminally reepousible for it. He then pro-
ceeded to argue that the evidence left no doubt that the
prisoner was Lboonog under • delusion that his wife had
been unfaithful to him, and that he destroyed her while
under the Mikan* of that delusion. _

Several witnesses, mostly relatives of the prisoner, were
then called on his behalf, and their 'videos, went to show
that he bad on many coessioas conducted himself in a very
extrocadleary manner. At one time he appeared to have
wandered about all night, and that he went to the house of
his brother•in-law at Feat Peckham, wet through, on
the following morning, and said that he bad been
followed about all night by two policemen. and that his
wife had sworn the peace against him, neither of which
statements were in accordance with fact. It also appeared
that he had au opinion that the man Barton had bean Wl-
mate with his wife, and that there was not the slightest
foundation for such an impression ; sad that it was, input
of tact, an entire delusion oa his part. It wee also proved
that another time he told ewe of the witeemee that her
husband had been killed, and when he come halo
her house shortly afterwies, the pneower ad.
dressed Lim, and. said, I thought you were
deed, Tom. The witemees also proved that
the prisoner repeatedly complained of his head, and he
i was n the habit of praying by himself, and frequently mid
that he wished God wouldtaka him.

With • view to rebut this evidence, witnesses were called
by the counsel for the prosecution, who stated that they
bad known the prisoner for several years, and they never
saw anything in his conduct to induce them to come to the
conclusius that he wss not of sound mind. It was admitted
by some of them, however, that the prisoner, about the time
of the occurrence, exhibited • wildness and strangeness of
demeanour that were unusual to him.

Mr. Joy, the surgeon of the gaol, stated that the pri-
mate had maintained a sullen silence during the period he
bed been in confinement, but he had no nun to believe,
from his conduct, that he was of unsound mind. He stated,
however, that from the evidence that had been given he
was of opinion that at the time the act was own-
mated by the prisoner be was hardly ospeble of
distinguishing between right sod wrong, and that
he wu undoubtedly labouring under insane de-
lusions. He, at the same time, expressed his opinion
that the silen,w of the prisoner was merely assumed,
and that be was perfectly well aware of everything that
wee going on, but he said that this fact did not alter
the °patios be bed previously expressed with regard to him.
Mr. Pepe, the surgeon who was before exammed, stated
that he attended the pauper for congertion of the brain,
the result of a severe cold ; and be also said that from the
symptoms he charred in the prisoner previous to the act,
if be had been aware that be was suffering under delusions,
he should at once have ordered him to be removed to the
lunatic asylum. This wit's.= added that, in his opinion,
the prinour was not capable of distinguishing between
riOt and wrong at the time the offence was committed.
The leaned judge having summed up the whole came,
The jury, after a abort deliberation, returned a verdict of
Not Guilty, on the ground of insanity, sad the prisoner was
ordered to be detained during her Majesty's pleasure.
The prisoner, who during the trial set with his bead
leaning on the front of the dock, apparently nearly uncon-
scious of what was going on, the moment the verdict was
prooounosd, jumped ep aad walked oat of the dock,
'evidently hiOly plowed with the

DIME 01 Tilz RECOZDIE oP LIVERPOOI..—My.
Gilbert Henderson, who had filled the office of recorder for
the borough of Liverpool. sines the year 1843, died at eight
o'clock yesterday morning, at his residence, Hyde Park.
spars. The late recorder was about 60 years of age, and
was called to the bar in Michaelmas Term, 1834. latterly
his health bas been somewhat infirm, severe attacks of gout
having frequently interfered with ihe performance of his
office duties, which devolved upon itr. d. B. diploma, bar.
Mee of Liverpool. who. it is anticipated, will be appointed
to succeed Mr. Henderson. The salary attached to the
office is 5251. for the four sessions, and 501. for sack addi.
Usual manioc held. The recorder must be a barrister of at
least live years standing. It is not improbable that scene
steps nay be taken to unite the present Oourt of Passage
(for the disposal of civil cases) with the reowdership, a pro-
posal to this effect having been made some time ago, and
the united emolument of the two court. would thus he
sufficient to Recur* the services of a barrister who would
devote himself entirely to the duties, independently of
private practice. The recommendation to the afire lies
with the Liverpool Town Council, the Home Eteeroiory oca-
arming the appointment. Mr. Gilbert Henderson was
highly respected in Liverpool for his genial and courteous
ciaracter, sod for his desire when oo the beach to admi-
nister justice from the most merciful poiat of view.
Coverer, PALACI COKPANY. —The directors of
this compariy bays resolved to recommend to the pro.
prietors at the forthcoming meeting to declare a dividend
ao the ordinary stock of two per cent, equivalmit to two
shillings per share.
[Ad vertise m en t. ]—Hottow•Y's Pruo. —Rase for
the Dripeptin—lndigeetlon, with torridity of the liver, it the
curse et thousands, whoiimil each day with accumulated
sufferings, all of which have been avoided by taking Hot-
amain accordlng to socasapaung directioes. They
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