The Northern Daily Times.
Liverpool, Merseyside, England, 1853-12-22 00:00:00

HIGH COURT OF JUSTICIARY.

EDINBURGII.—This court met on Tuesday.—Present on the
bench the Lord Justice Clerk and Lords Cockburn and
Handyside.
MURDER.—William Cumming was put to the bar charged
with the murder of his wife, by striking her with his fists,
and with a stick, or poker, or tongs, or pieces of broken
furniture, on the head and other parts of her person, at
different times betwixt the 22nd and 26th October last, in
their house, Scott's Close, Water-lane, Leith, which
injuries, being of a fatal character, resulted in her death on
the Bth November following.
The prisoner is a little elderly man, and was a sailor.
The following was the principal evidence adduced :
Janet Selkirk, or Hunter, lives in Waterlane-close,
Leith. The prisoner and his wife lived there. His house
contained only one room and one bed, and entered from
the top of the stair. I saw the prisoner on Saturday
the 22d. He seemed to be sober. He came into
Danskin's house. His wife came to the door about nine
o'clock in the evening, perfectly. sober and collected. She
had no marks on her face. They went away in perfectly
good terms. There were no marks on her face then. I
went to bed, and was awakened by cries of .murder' coming
from Mrs. Cumming. It ,was a severe scream: I think
this was about 12. The prisoner came in after 12 next day.
I went up and saw Mrs. Cumming in bed all marked. One
of her ears was swelled and blood oozing from it. She told
me her breast was hurt with his knees. She was all bruised
from
,the toe to the crown. Remained till 9at night and
poulticed her three times. She was very weak. I asked
him to look at her ear, and said he had done for her. Re-
peatedly said he had bruised: her very sore. He never denied
it. Washed two caps and a pillow slip, all of which were
very bloody. Saw the prisoner on the Monday very bad,
with drink, . On Tuesday she got out of bed very weak. He,
was quarrelling with her and knocking everything about the
house. Left between three and four, and did not come,
back, and went to bed, and between twelve and one heard
cries of iinieder and loud screams. Her husband would not
go out. All was quiet. Next day went- to Mrs. Cumming,
and found her lying with her head over the back of the bed
and feet over the front. Took off her clothes, when she
did not speak. Saw the prisoner about two, when he gave
three hurrahs and went away. She only spoke on the Thurs-
day. She was quite unconscious all the time. Mr. Cum-
ming was a quiet person.
Mary Danskin—Lives in same stair with prisoner. Pri-
soner had just come home from the sea on the 20th October.
She saw the priboucx'a wife in bed en the 21th. Sho said
her husband had struck her on the breast. She was quite
sober. She saw the prisoner going about drunk. Heard
cries of murder from Mrs. Cumming's house on Wednesday
morning, about three o'clock. This did not last above a
quarter of an hour. Went to Mrs. Cumming's, and found,
her in bed and not able to speak.
Marion Danskin—daughter of previous witness—Saw Mrs.
Cumming on the night of the 22d October. She was looking
out for something, and sent witness for a little milk. She
went up to her bed, and asked if her head was much bruised.
It was all blood. She said William had struck her sore.l
Cumming came in and went to bed, and after having e good
sleep he rose up. He was asleep when he saddenlrawoke'
and knocked his wife out of the bed. He began cursing and
swearing. She said " Don't hash me the way you are doing, or
you will be hanged, and I wouldn't wish you to be hanged for,
me." She had got up from the floor, and he struck her with i
the pillow. He brogged with his knees and trampled on her;
breast. He took a stick, and struck her on the shoulders
.and side. She did not cry at that time. 'Witness was so
frightened at this that she ran out. She heard a noise,
while she was standing out, as of sticks striking against;
tables, and as if he had been beating her. He seemed to
have been breaking the table, and then beating her. Heard
no more that night. Saw Mrs. Cumming next day about
nine o'clock. The prisoner opened the door, and Mrs.
Cumming was lying across the bed ; her head was over the
deal, and her feet over the front. She was not able to
speak. She had on a petticoat, shift, and wrapper. She
had more clothes on than at night. She was not moaning.
Cumming asked her to ask his wife if she had any money.
On asking her, she shook her head, but did not speak. He then
rose, and took ten shillings out of her pocket, which was
tied on her. He gave her half a crown to get a pint of ale.
He asked his wife if she would take a glass of spirits She
shook her head as if to say no, when he said f she
take it he would knock her brains out. He giavehersaArgiaLt
of whisky which she pretended to take, but threw it away.
He asked her if she had taken it, and she answered yes. He
then left, taking his clothes, and saying he was going to his
wife and children in India. Mrs. Hunter came in, and she
pat her right into the bed and undressed her. There was
blood on her cap.
Cross-examined--Mrs. Cumming asked -her to come in
on the Saturday night to take a cup of tea, as she was
afraid he would strike her as he was in such
,a rage. They
appeared to be on good terms that night.
Mrs. Wilson knew the Cummings. Recollects of going
to the house on Sunday 23d October. Mary M‘Pherson
was with her. This was about five or six. Saw Cum-
ming and an artilleryman. Mrs. Cumming was lying in
her bed On going to bed side, she said she was ill owing to
his strokes. He was squarring with a stick, and fencing with
the artilleryman. He had been drinking. He was quite able
to stand, and knew that he'was about. Witness asked her
how he struck her, and she said it was with her first hus-
band's stick. He was in at the time, but was not attending
to what was said by his wife. There was a poultice on her
ears and a bandage on one of her eyes, which were both black.
She had seven marks of, violence on her body. Mary
McPherson said to prisoner, "You have done for her
now," and he answered, "No fear, she will see two or
three of us out yet." Mrs. Cumming wished to be lifted
up in bed, but could not remain in that, position, as she
said three of her ribs were broken. Witness said to her, if
she was used so she should leave him; but she said, "What
can Ido ? " She said he would finish her right out that
night. There was no smell of drink about her. On asking
what the cause was, she said he came home drunk in the
morning, and not being able to get the match-box quick
enough, he pulled her out of bed, and got upon her breast
with his knees, and this, she thought, had broke her ribs. '
She said he had, broken the furniture, and struck her with
the bits. On looking into the closet, saw it full of broken
furniture ; also the same underneath the bed. He had gone
out with the artilleryman at this time. She and Mary
M'Pherson left about seven o'clock. Mrs. Cumming said,
on bidding good-bye, to be sure arid come down next day,
as they would get her dead next day. She kissed her
several times on leaving, as if parting with her for the, last
time. The prisoner came in before they left, and seemed
to be in good spirits. She left word with
Mrs. Hunter to inform the police if anything took
place. Witness went down next evening, and found her out
of bed and preparing to go out. She had a very wild
appearance—raised looking. She looked bewildered like,
and did not appear to mind having asked witness to come
down to her the next day. Prisoner was worse in drink
than on,the Sunday. He seemed happy like. Went to see
her on the 6th December. She was then speechless and in
bed. Saw fresh wounds on her face, One on forehead and
One on back, and several on various ;parts of her person.
She did not seem to know witness. Saw the body after
death.

Dr. Brown, house surgeon in Leith' Hospital, was called
to attend Mrs. Cumming on Thursday, 27th October.
Found her in bed lying insensible, very feeble. She had a
great many marks on face, ears, back, body, and legs. She
appeared to have been a healthy woman. She died on Bth
November, up to which time he attended her. Her head
had been shaved, which discovered two injuries on the head.
Considered her seriously ill from the first, arising from an
injury on the brain. Read report of post viortem examina-
ion made by him and Dr. Paterson, which attributed the
ath to laceration of the brain, caused by. external violence.
Le.
as satisfied there must have been many injuries and blows.
.Mr. Graham, for the prisoner, made a very forcible appeal
?II ben= or t-LL, r--;---... admittinc, his general guilt in
Striking and maltreating his wife, blit conrenalus 0... i, 41:—.
particular injury, which was the sole cause of her death, was
not proved to have been inqictd by him.
The Lord Justice-Clerk summed up the whole evidence in
the case.

The Jury, after a short absence, returned a verdict unani-
mously finding the prisoner guilty of murder as libelled.
The Lord Justice-Clerk then, after a solemn admonition,
to prepare by attention to his religious duties for his awful
change, pronounced the sentence of the court, which or-
dained him to be executed at Edinburgh on the 9th of
January next. His lordship then stated to the jury that the
court entirely concurred in the verdict.
The prisoncr having 'intimated that he wished to address
dile court, and being allowed to do so, said—l am, my Lord,
a man who has been forty years at sea, and I can say I have
served my country truly and faithfully, and though the sen-
tence of death has been passed upon me for my wife's death,
I can say sincerely, that I did it with no intention of .com-
mitting death, and I trust the Lord will have mercy on my
soul.

The Lord Justice-Clerk in reply, feelingly recommended
the unhappy man not to trust to any hopes of earthly
mercy, nor to harden his heart against the conviction of
guilt by any such notion as he had mentioned, but to pre-
pare with all earnestness, by devoting his remaining days to
religion, for the death the law had ordained him to suffer.
• •

The patent asphalte factory of Ritchie and Son, 4t DcVast,
has been burned down.

-On Monday night the premises in Donegall-street, Belfast,
jointly occupied by a sewed muslin manufacturer and draper,
were on fire, and the upper part is nearly consumed. Al-
though the wind was strong, the flames were confined to
the premises in which they oiiginated.
GRAIN IN EGYPT.-A mercantile house in town (says the
Northern Whig), has handed us the following extract from
a letter just received from their correspondent at Alexa'ndria,
dated Bth December :—" The British Consul has just re-
ceived a letter from the Egyption.government, to the effect
that so soon as the seed sowing shall be terminated,- and it
is nearly over - the stock of grain existing will be ascertained,
with the intention, if it shall be found to exceed the quantity
required for food, to permit the free export again. It is ge-
nerally understood that this will be done very shortly, and
that government itself will commence its public sales.
The Emperor Napoleon 111., has given 25,000 f .from his
private pulse to establish four new markets in Paris, for the
retail sale of meat by auction.