Northern Times.
Liverpool, Merseyside, England, 1859-03-24 00:00:00

SIXTH EDITION.

NORTHERN TIMES OFFICE, THURSDAY, 5 P.M.

THE SPRING ASSIZES.
CROWN COURT.—This DAY.

BEFORg Mgt, JUSTICE WILLES.

His Lordship took his seat at nine o'clock.
THE MURDER IN VAUXHALL-ROAD.--Three young men,
named Win. Owens, Thomas Owens, and Daniel Johnston,
whose ages were from 22 to 32, were indicted fox having
feloniously killed and murdered James Toole, on the 24th
of Decembea last at Liverpool, Mr. Aspinall and Mr.
Coleman prosecuted, and Mr. Temple and Mr. Scott defended.
Toole was a caeter, in the employ of Mr. Knowles, master
carter, Eldon-place, Vauxhall-road. Knowles went to
Johnston's public-house, Vauxhall-road. on Christmas Eve,
to pay his men. A quarrel arose between the prisoners and
Knowles, and Knowles's mother. The • deceased went to
their assistance, and in the course of the melee the prisoners
set upon Toole and gave him severe usage. From the evi-
dence for the prosecution it would appear that there had
been a great degree of ill feeling between the
decease' and the three prisoners. After they had been
drinking in Johnson's public-house, one of the prisoners
went into an adjoining house and carried out some brass
candlesticks and an iron bar. With these instruments they
made three several attacks upon the deceased, the latter
receiving severe injuries. The last attack was made upon
him as he was yoking a horse and cart, and by some means
or other, whether he fell accidently or was knocked down,
he fell into a cellar, and when he was taken up, he was
found insensible. He was removed to a house close by and
put into a bed, and afterwards died.. A number of witnesses
were examined to prove the ease, and in cross-examination
none of the testimony was shaken. Knowles, the deceased's
master, was also severely beat on the occasion. Mr.
Sanderson, surgeon to the North Dispensary, said he was
called to 41 Court, Eldon-place, on the afternoon of
Christmas Day. The deceased was dead, and appeared to TOXTETH BOARD OF GUARDIANS.
have been so two hours. He made a post mortem examine- The usnal weekly meeting of this board was held to-
tion the following day and fonnd two extensive bruises on day, in the board-room of the Public Offices, Park-road;
the top of his head, two at the back, and one on each side Mr. Urquhart presided. The other members present were
of the head. His face was also injured, and there was a —Messrs John Moss, John .Wilson, Joseph Wilson, Joseph
brnise on one of the ears. The injuries could not be pro- Harrison, Wm. Baynes, Wm. Johnson, Wm. Leyland,
duced by one fall. He opened the head and found Henry Leyland, Samuel Siddely, M. A. Johns, Arthur
concussion of the brain, which caused congestion • but from Grindrod, John Rogers, and J. B. Hughes.
the very unsatisfactory way in which Mr. Sanderson gave The report of Mr. Gough, Governor of the West Derby
his evidence, we are somewhat in the dark as to the imme- Workhouse, showed that in the house there were belonging
diate cause of death. It would, howeuer, appear, that to Toxteth Park last week 346 ; this week, 358 ; corre-
the severe handling the deceased received from the prisoners spending week last year, 429.
caused concussion of the brain whichbrought on congestion, A cheque was drawn to the amount of £l2O for the relief
and hence the death. A long technical medical cross- of the out-door paupers. •
examination followed, in which Mr. Scott evidently The Medical Committee were empowered to make
endeavoured to show that the deceased had died of apoplexy. arrangements with four respectable druggists in the
Mr. Temple then addressed the jury for the two Owens. district for such medicines as might be required during
He directed the jury's attention to the fact, that the ensuing three months for the use of the poor.
his Lordship had stated that there was no Mr. Cleaver, the clerk to the board, read the following
evidence to go on with the capital charge. It -was evident statement :
that there had been several running fights during the night, "TO THE GUARDIANS OF THE POOR OF TUE TOWNSHIP
beginning as early as half-past seven and continuing until "OF TOXTETH-PARR.
eleven o'clock that night. He also proceeded to show an " Gentlemen,---The first election of guardians of the poor
animus in the evidence of several of the witnesses against for this township, in 1857, was conducted by Mr. Avison,
the prisoner. The deceased also was very drunk during solicitor, who was appointed returning officer by virtue of an
that night. The bruises upon the head were, the learned j order of the Poor-law Beard, directed t the overseers of the
counsel contended, not caused by the candlesticks. They, poor; and at the first meeting of the guardians elected
if used as was described by the witnesses, would have Mr. Avison, pursuant to the said order, delivered to them
inflicted fearful wounds. But no, there were only two or the voting papers used in such election. On the same day:
three slight bruises on the head, bat not one on the body. these papers were confided to my keeping as the clerk to
Mr. Scott addressed the jury for Daniel Johnston, and the guardians, and the key of the closet in which they were
confined himself chiefly to sifting the medical evidence. deposited was handed to me by the board. This said closet
What really was the cause of death ? Mr. Sanderson said is situate in a room in the public office opposite to the,
there were some bruises on his head, several scratches on boardroom.
his face,' but no bruises on the body ; but he did not say " After the election in April last year, I placed in the,
whether the bruises were caused by the candlesticks. He same closet the voting papers relating to such election, and
contended they were not, ,and that the bruises were with my own hand locked the door of such closet;, and,
chiefly the effects of his drunkenness. As to whether the retained in my possession the, ,key from that, time, to the
the bruises were the immediate cause of death it was in the present.
hands of the jury to say ; but he proceeded to combat this aOn Monday last I received information that an entrance
opinion, and to show that death was caused through his had been affected into the, closet in question, and the voting
Own excesses: A number of witnesses were called to prove, ", papers, or "a portion of them, taken out.
that he was drunk on the
fall;' also,
question, and that lie ' " went immediately to the publia offio, and laving,
had; sustained several w
that the prisoners ere :, ;Us,' ined
Is fon,n d the access,
door to, f
the latter unfastened, and,apen mut
the room in which the cleaet Was situate. not so savages'in; their usage of Toole. His Lordship
stnnm&l A 2,: arid intilmated 'to the jury that the charge. of inspection a the voting Palrs, perceived, tbat-the
-