The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-03 00:00:00

been ruptured after death. The deceased, he should judge,
was about forty years of age. Thomas Gildersleeves, a
surgeon of the Northern Hospital, Liverpool, said he had
known several eases of rupture of the liver, and was of
opinion that the rupture of the liver was c aused either by
a severe blow or a fall. The same cause would produce a
rupture of the heart; jumping upon the body, or kne-ling
upon the body, would cause the same effect to ensue. John
Wadsworth, a farmer, living in the neighbourhood of the
quarry, spoke to the state of the w as as being right on the
Saturday. On the Sunday, he saw it broken in the way
previously described. Elizabeth Richardson, the keeper
of a public house called the Bee-hive, in Church
street, Lancaster, said she knew the deceased, Cragg,
who had been drinking at her house on the Saturday of
the occurrence. There were other men in the same room.
Leach's brother was one. The deceased was drunk and
left her house about twelve o'clock at night. Leach, the
prisoner's brother, left before him, but came back again.
The deceased was not so tipsy, but he knew what he was
doing and could converse. The deceased said he was going
home. William Turner deposed that on the Saturday
night in question he was near the Bee Hive public house,
after 11 o'clock, and saw the deceased come out of that
house. He appeared to be going in the direction of his
own home, and was the worse for liquor. He was alone
at the time. Saw the deceased a second time the same
night
Ann in Church street, which was in his way home.
Milner said, that she lived in Lucy Court,
Mary
Lancaster, and was in the court no Saturday night, at
twelve o'clock, and saw three men going past. They
were the prisoners, Leach and Nelson, with the deceased.
Heard Nelson say to Leach, " Come on, we have the
b--- dead nailed, he is fuddled, he has had his revenge,
and I will have mine, if I kill him to night." The
prisoners were following the deceased, who was in
advance. Cross examined by Mr. Higgins : Witness is
a woman of the town, and has been convicted of felony
but does not know how many times. Had been in
prison perhaps four or five times, but cannot exactly say
how many. Was examined in this ease before
two magistrates about Monday week, and told the same
story which she now told. Since her examination before
the magistrate in this case, witness had been again chargsd
before the magistrates, but was dismissed. Has never had
any spite or ill-feeling against either of the prisoners,
whom she had knownfor some time. Elizabeth Sandharn,
keeper of a provision shop in Penny street, Lancaster, said :
On Saturday night, the 22nd of February, the prisoner,
Nelson, came into her shop and asked for a red herring,
but did not buy one, and went out. The girl was putting
up the shutters, and he kicked her. Heard Nelson cry
out " Jens, where are you going ?" when the other prisoner
replied, "I am going to give that b —a good walloping."
Nelson said, "thou must not: If thee will stick true to
me I will to thee, and we will kill the b—." Witness
saw a short time afterwards the two prisoners
fighting with another man in the street. Did not
know the other man, but knew the two prisoners. She
then shut her door, and saw no more of them. Had never
any quarrel with the prisoners, nor had she any spite against
them. James Thompson said that on Saturday, the, 22nd
of February, he heard a noise in the street, about half past
11 or 12. He went out of his house,' and saw three men
fighting in Penny street. The prisoners were two of
the men, and Cragg was the other. When Cragg
got away, heard the prisoners say they were going after
him, which they did. Mary Rose also said she saw the
prisoners and the deceased quarrelling and fighting
on the Saturday night in q 'cation. Henry Knowles,
one of the principal turnkeys of Lancaster Castle,
stated that he knew the deceased, he saw him last
on the night of the 22nd of February, about twenty
minutes past twelve, as he was coming from the
county into the town of Lancaster. Saw the
deceased and the prisoners near a high wall. He
had his uniforni on, and heard a noise, and went up to
them, but saw no blows struck. II ad seen the two
prisoners before about eleven o'clock in a spirit vault.
Cragg appeared to be drunk when witness saw him with
the prisoners There were angry words between them,
and he saw Nelson shake his fist at the deceased.
When Cragg was going away witness watched them
over the bridge, and saw no more of them.
Mary Wolfe deposed that on the 22nd of February last she
was sleeping in the hospital of the Workhouse, and between
twelve and one o'clock in the morning she heard very rough
voices, as of quarrelling. The noise came from the road
near the quarry. She heard some one moaning for a short
time, and then all was quiet. Grace Breaks, another inmate
of the Lancaster Workhouse, spoke to the same facts as the
last witness, and added that she heard one of the men cry
"Oh!" in a loud voice. She heard the voices of the priso •
ners Leach and Nelson, whom she knew. Examined by
Mr Higgins : Had been a woman of the town, and had
bean convicted of felony at the assizes. Was twice
in prison for felony. James Hayhurst said that
on Snnday, the 22nd, he went into a barn at
a place called Highfieid, and saw the prisoners there,
and asked them what they wanted. They sail they were
tired, and had been resting themselves. The prisoner Leach
asked witness if he knew Cragg, and he replied that he did
know' him, as they were schoolfellows together. Leach
said to him that he had a quarrel with him the previous
night, but that he had not fought with him. Witness
asked them what time it was when they came to the
barn, and Nelson said it was about two o'clock. Gregg
was a little addicted to .;rink. William Hayhurst, a police
officer, stated that on the Saturday night in question, he
saw the prisoners going towards the quarry. Witness
apprehended Nelson, and told him that he was charged
with the wilful murder of Cragg. Nelson said, " God bless
me, lam as innocent as you are. I saw Cragg last night.
We had a few words, but neither I nor Leach laid a hand
upon him. He went his way towards the bridge, leading
to the quarries, and I want and slept in a barn." Ann
Cragg, widow of the dEcea3ed also appeared in the box,
much affected, and in a fainting state, and deposed that she
found the cap of her husband on the road near to
the stone quarry, on Sunday morning, about half
past eleven o'clock. Deceased was in the habit constantly
of going from home to Lancaster, to and fro, at all hours.
Mr. Higgins addressed the jury for the defence, and
contended that there was no case against the prisoners,
there was no motive of sufficient weight shown to induce
them to commit such a horrid crime. The only pretence
for a motive set up was, that the deceased had been a
witness against Nelson when he was transported, which
was most frivolous; as to the threats made use of by the pri-
soner Nelson, it had not been proved to wham they applied.
With regard to Leach ho could have no motive whatever.
The judge proceeded with great minuteness to sum up the
evideuce,by opening the question—" Was the man murdered
at all?" After clearly intimating to the jury if they were
satisfied that the deceased desired to conceal himself behind
the wall, at the point marked upon the mess, from some
persons who had offered violence to him, and that he, in
consequence of such violence, fell from this point into the
quarry, the duty of the jury would be to acquit the psi_
soners of the grave charge of murder. The difficulties
which surrounded the case rendered it very improbable
that the prisoners were guilty of the murder of the de-
ceased, if that statement which was put in evidence be
believed—that no marks were found upon the prisoners
when taken into custody—that if they laid murdered the
man at the point indicated, when observed by the officer, on
the night in question they must have dragged the murdered
body a great distance. It would be for them however to
say, coupling the whole of the circumstances, whether this
man was murdered or not, and whether the prisoners, or
either of them committed that murder. If they believed
these two facts, coupled with the statement of the witness
Milner, as to the expressions used by the prisoners, that
would tend to show very great melice aforethought on the
part of the prisoners, which was murder. The theory
advanced by the learned counsel for the defence in his
able address, was deserving of grave consideration, namely,
that the deceased being drunk, and perhaps quarrelsome,
had been fighting probably, and having received
some violence, sought concealment behind the wall
from whence he fell into the quarry, and was killed,
if yen believe this, you cannot do other than
acquit both prisoners, of the charge of murder:
The evidence of Mary Rose is very important, as you will
find on hearing the statement read which was put is by
the prisoners when examined before the magistrates, on
comparing which—though the prisoners then could
scarcely be supposed to know what the witnesses, Rose
and Knowles, said on their examination—they perfectly
correspond. The statement was then read by the learned
judge. After directing the attention of the jury to the
evidence of the witness James Hayhurst, and telling them
to take into their consideration the comp ttibility of the
statement made to him by the prisoners in the barn oa
Sunday m trning, with the guilt or innocence of the
prisoners, the jury, at a quarter before six o'clock,
returned a verdict of not guilty for each of the prisoners.

THE RISE IN THE PRICE OF DIAMONDS.--The cause of
the rapid rise in the value of diamonds is not wholy appa-
rent, but is commonly attributed to the suppression of the
slave trade with Brazil, whence our supplies are generally
derived, labour there being made so valuable that it is
applied to better advantage than in mining. Added to
the shortness of supply is the prevailing extravagance of
the times and the consequent demand. The value of
diamonds reached a very low point in consequence of the
revolution in France and the disturbed condition of the
Continent, and simultaneously a large quantity of t he l'ough
stones was discovered in Bahia, South America. After the
election of Louis Napoleon there was a gradual advance
till the close of the late war, when a sudden rise took place
to about the present rates. The advance has been further
assisted by the coronation of the Emperor of Russia, the
fetes of Europe, &c.. • and the monopoly that has almost
been obtained by the Jews of London and Paris has con-
tributed to the same result.—New York Journal 0/ Cnn•
merce.

CHESTER SPRING ASSIZ

MURDER OF THE POLICE OFFICER AT Btawreatteap.—At
the sitting of the court yesterdea, le, fore B Iron
Watson, Thomas Smith was indicted for the wilful murder
of William Vaughan, a police offlcar,• at Birkenhead,
on the 23d of December last. Mr. Macintyre and Mr.
Jackson conducted the prosecution, and Mr. Morgan Lloyd
defended the prisoner. Mr. Macintyre stated theb facts of
the case ; and having shown that, under the Birkenhead
Commissioners' Local Act, the crime charged against the
prisoner was murder, the deceased being in the execution of
his duty at the time the offence was committed, called
James Roger Dutton, who said : I am the deputy clerk of
the peace to the magistrates at Birkenhead. I produce a
book containing a record of the appointment, by the com-
missioners, of William Vaughan as a police officer, under
the act of Parliament for governing the township. Mr.
James Birniew superintendent of police at Birkenhead,
called : The deceased, William Vaughan, is the same person
as that named in the order. He continued to act to the
time of his death, Jane Softly examined : lam the wife
of William Softly, a publican, at Birkenhead. On the
morning of the 23rd of December, the prisoner
and another person came to the door of our
house, and asked to come in. I refused to admit
them. Smith then kicked violently, and I opened the door.
He pushed with his knee and got into the house. He
was very noisy, and I pushed Smith out, and sent for the
policemen. The deceased Vaughan came, and I then said
I did not wish to charge them to bridewell, and Vaughan
advised them to go home. They then went away and I
shut the door. Patrick Fox examined—l was at Mrs.
Softly's house, on the 23rd of December, at half past one
o'clock in the morning. Mrs Softly sent me for the police
officers, and Vaughan came with ine. The prisoner and
Green were outside the house at the time, acid the prisoner
said, .‘ well, Mr Vaughan. we want to get into the house,
to get something to drink, and won't be allowed."
Vaughan replied, " you have had plenty of drink to night,
and you had bettor go home." Tney all then went quietly
-away. Joseph Lawton exunined—l am a car driver. On
the morning of the 23rd of December, I saw the prisoner
kick a paenel in at the door of Mrs. Softly's house. I
saw Vaughan come up afterwards and desire the prisoner
to go home. The• prisoner and Vaughan, and the other
man, Green, then all walked away together. Soon after-
wards the prisoner turned back, and the deceased said, "go
home, my good man." They all then went on towards
Bridge street. At the corner of Bridge street and Hamilton
street, I heard some one cry oat " Joe. ' I ran up and
saw Vaughan stageering. He exclaimed, "Oh, Joe, I'm
done, I'm done, I'm stabbed." He was then staggering
and falling. I took hold of him, and carried him into
a shandry. During the time I saw them, Vaughan
never handled the psis mer roughly. By Mr. More
gait Lloyd : I lost sight of them for a short
time after they left Mrs. Softly's, and then I saw
them again near Bridge street. The prisoner was about
thirty yards from Vaughan when he fell, and Green was
close to him. William Reid examined : On the morning
of the 23rd of December I wits coming along Chester
street, and I met Vaughan. Soon afterwards I was close
to Softly's house, when I again saw Vaughan and the
prisoner, and Green. I heard Vaughan say to them,
"go home, like good fellows." They went on for some
time, when they returned, and Vaughan again persuaded
them, and so did I. They then went on towards B,idge
street, and Vaughan turned bank towards Mrs. Softly's.
I afterwards saw Vaughan going round Bridge street
and Harniltoa street. Ia a few minutes I heard
some one call out, ant I ran to the corner
of Bridge street and Hamilton street, and saw the
two last witnesses. Vaughan was staggering, and crying
out, " I'm dying, I'm dying." I assisted to carry him into
a shandry. .James Croft, examined : I reside at Bidston.
On the morning of the 23rd of December I had occasion to
come to Birkenhead' in a shendry. Oa coming back I saw
the prisoner and another man kicking at Mrs. Softly's door.
Vaughan came up and advised them to go home quietly.
They went ou, but turned back again. A few minutes after-
wards I heard a shout, and drove to the corner of Elarniltou
street. I saw Vaughan staggering, and assisted to get
him into my shandry, and drove him to the police
office, where he died iu about twenty minutes. I after-
wards saw that he had been stabbed. Whitehead, the
police officer, was next examined, and deposal to what
took place when witness and Vaughan met the prisoner
and Green. I got hold of (rein, and Vaughan got hold of
Smith by the caller. I asked Smith's name, and where he
lived. He declined to give it, and said, "I knew my name,
and that's enough for me." He said he would not go to
Bridewell. I saw the prisoner strike at Vaughan three or
four times with his right hand. He struck towards
Vaughan's side. I did not see anything in his head,
Vaughan then called out, " I'm stabbed," and began to
stagger. Smith then ran away, and an officer named Clarke
secured Smith, whilst I ran back to Vaughan. I
saw he was stabbed, and picked up a knife, which was
covered with blood, and ran for Dr. Jeanette. On
I returning, I met Vaughan in a shandry, and he was con-
veyed to the police office, where he died. Cross examined
by Mr. Lloyd : After Smith said, "I know my name, and
that's enough for me," I said, "Lei us take them to
Bridewell at once." Before Vaughan fell, I saw Smith
and Vaughan struggling. I had not been at a meeting
that night with Vaughan. I had not worn colours. I
don't know that Vaughan had been at a meeting. I did
not know that Vaughan was a member of an Orange
lodge, bat I have heard so since. I am not a
member of an Orange lodge, and never was.
Charles Clarke, police canetable examinee' : On the
mo:ning of the 23d December I was on duty in Bridge
street and Hamilton street, when I heard Whitehead cad
out, and I ran towards Hamilto'n stye: t. Whitehead said
" he's stabbed Vaughan." I woo gaing to seize him,
when he drew his right haw'. hick end " look out,
you b—r." I then krt•A:lied him rlowir. I struck him
on the head. I held hip dawn, and a struggle took
place between us. I knocked him down three times before
I got him to bridewell. Cross examined : I consider I
was justified in using the force I did, when I saw him drew
his hand back as he did. I thought he was going to stab
me. Mr. Jeanette, surgeon to the Birkenhead police
force, was next called, and deposed to the wounds inflicted
on the deceased, one of which was sufficient to cause death,
and must have been struck with great force and
violence. Superintendent Birnie was recalled, and
stated that at nine o'clock on the evening of
the 22nd , of December the deceased was sent on
duty. 'Witness saw him cn duty afterwards, and be did
not see him again until he saw him dead in the police
office. This was the case for the prosecution. At the
request of the prisoner's counsel, a statement on his
behalf was put in and read. It was to the
effect that, after leaving been at Mrs. Softly's, when
he and Green were standing with Whitehead, the officer,
Vaughan, came running up, the prisoner's back being turned
to him. Ho hit prisoner violently on the hack, when he said,
" Mr. Vaughan, do not ill-use me, if you wish me to go to
bridewell, I will go." Vaughan then got hold of his necktie,
and hit him several times, and ho then haul no other way of
defending himself but as ho did. He had no intention of
committing murder. They had had several glasses of ale
during the evening. Mr. Morgan Lloyd then addressed the
jury on behalf of the prisoner, contending that the evidence
had altogether failed to establish the charge of murder ; and
that, under the circumstances which had been detailed
by the witnesses, it did not support even an aggravated
case of manslaughter. The learned counsel then went
oa to show that the charge of murder could not be
established under the Birkenhead Commissioners' Act,
upon which the prosecution seemed to rely, because at
the time when the offence was committed, the deceased
was not on his beat. He next urged that the police officer
Whitehead, by interfering with the prisoner and the
man Green, after Mrs. Softly had stated that she
did not wish them to be taken into custody, was, if
not directly, at least indirectly, the cause of the
deceased's death. It was clear that the deceased
himself had no desire to take the prisoner into
custody, and Whitehead had no authority or right to
demand Smith's name. On Smith refusing to give his
name Whitehead immediately said, "Let us take them
into custody." This shoWed that Whitehead advised
that, but Vaughan had never wished, and was the main
cause, by his interference, of what afterwards unfortu-
nately happened. After dwelling for some Vine upon all
the circumstances of the ease, the learned counsel con-
cluded by calling upon the jury to take a merciful view
of the case, urging strongly that the charge of murder could
not be maintained, and that at the moss, they could only
find the prisoner guilty of the minor offence of man-
slaughter. On behalf of the prisoner, witnesses to
character were then called. James Burn stated that be
had known the prisoner for many yaw,. He had been
working for Mr Moore for some time. He was a quiet
inoffensive man, and had for some time supported
his widowed mother and four brothers and sister.
Joseph Keef said he was a fellow workman of the
prisoner, and had never known anything against,
him. He had always been a quiet industrious matt.
His lordship then proceeded to turn up the evidence in a
luminous addrEss, in the course of which he pointed out
the law of the case, distinguishing murder from man-
slaughter, more especially as regards the peculiar powers
co derred on the police officers under the Birkeehead Com-
missioners' Act. His lordship remarked that the first
enquiry which the jury would have to consider and decide
upon was, whether the prisoner caused the deceased's
death; and this question was, perhaps, set at rest by the
statement which his counsel had put in, en I which had
been read. Assuming, then, as it was reasonable to suppose
they must do, that the prisoner's act had cause the
deceased's death ; the next question was, whether it was
murder or manslaughter. His lordship then reviewed
the various portions of the evidence, and stated, that