Northern Times.
Liverpool, Merseyside, England, 1857-12-07 00:00:00

CHESTER, ASSIZES.-SATURRAY.

(BEORE lIR. BARON CHANNELL•)

THE BIRLLENREAD MULtDER AND MANSLAUGHTER
CASES.—At the sitting of the court on Saturday morning
Francis Smith was placed in the dock, charged with the
murder of John Drury, at Birkenhead, in September
last, under circumstances which have already appeared
in the Northern Times. Mr. Bevan and Mr. lloratio
Lloyd appeared on behalf of the prosecution, and Mr .
Macintyre. for the prisoner. The case on the part. of the
prosecution was laid before the court at considerable*
length by Mr. Bevan. The learned counsel, in the course:-
of his statement detailed the facts of the case, and the
circumstances under which the deceased met his death,
in the Birkenhead model cottages during an outrage
committed thereat the time by the prisoner and a number
of other Irish labourers, the specific charge against the
prisoner being that (Milne the outrage in question, he
deliberately murdered the deceased by stabbing him, with
out the least provocation. Evidence was then given in sup-
port of the charge, but as it was exactly the same as that-
laid before the magistrate 3 during the investigation at the
Birkenhead Police Court, and which we inserted at length.
at the time, we do not think it, nece isary to repeat it on the
present occasion, as our readers Will no doubt remember all
the facts of the case. Thetase for the prosecuticia having
closed, Mr. Macintyre addressei the jury for the prisoner
in an impressive and eloquent speech, in the course of
which he contended that the evidence pre ieeed on the
part of the crown had entirely failed to bring the charge
home to the:prisoner, and he urged that, under the cir-
cumstances by which the deceased appeared to have met
his death, it was altogether impossible for the jury to con-
vict the prisoner of the crime imputed to him. He
confidently called upon them to acquit his client. His
Lordship, in summing up the evidence, pointed out the
main features of the case with minuteness and great care,
and remarked that the peculiar nature of the case was .
such as imposed on the jury the necessity of acting with
the greatest caution in arriving at their verdict. After
dwelling upon the_disturbanee which seemed to have takes
place in the cottages at the time when the alleged murder
was committed, his Lordship said that unless the jury
were perfectly satisfied that the prisoner was the person
who inflected the wound on the deceased, and that he did
so with the intention to murder him, they were bound to
find a verdict 'of net guilty. The.jary, after a short con-
sultation, acquitted the prisoner.
THE MANSLAUGHTER CHARGR—Francis Smith, John
Smith, and Peter Gellaghan, were next ,charged with the
manslaughter of Jahn Drury; but, on the prisoners being
placed iu the dock, Mr. Bevan (who again appeared for
the prosecution), rose, and stated that after the decision
in the last case, it was not the intention of the prosecution
to:proceed with the charge for Manslaughter, and it would
therefore be withdrawn as against all the prisoners. On
the application of Mr. Macintyre, his lordship ordered all
the prisoners to be at once discharged.
This morning, the case connected with the extensive
robberies at the Chester Post Office will be proceeded
with, and Mr.Welsby is coaling down, specially, to conduct
the case on behalf of the crown.

THE BRAMHALL MIIRDER.—The trial of Janes Hender-
son, who is charged with shooting his father, whilst in
bed, at his farm at Bramhall, near Stockpert. is fixed for
to-morrow morning. Mr.Welsby and Mr. fbratiorLloyd
will conduct the case on the part of the prosecution. and
Mr. Serjeant Parry, specially retained, will defend the
prisoner, assisted, we believe, by Mr. Macintyre. The
case is exciting the most intense interest throughout the
county, and from the position of the accused and his.
family; and the extraordinary cirumstances by which the
alleged crime is surrounded, there is gr-iat anxiety shown
on the part of the public to be present at the trial, which,
in all probability, will extend over two days. The
prisoner express2s the greatest confidence as to the result,
and frequently states to those about him that he has not.
the slightest doubt of an acquittal. From the time of his
incarceration he has been actively employed in preparing
ids defence, and maintains, apparently, unusually good
spirits.

LANCASIIIRE WINTER ASSIZES>

S AT CTEDAY.

BEFORE' ME. JUSTICE WZGHT3ILN.

His Lordship took his seat on the bench this morning
at nine o'clock. when the following oases were disposed
of

GAROTTE ROBBERY AT Bunr.—John 111‘lionee, aged
20, a bricklayer, stood charged with having, at Bury, on
the 14th of November, violently assaulted and robbed
John Strand of the sun of KV 41d. In this case the
prosecutor, a labadring roan, was returning home between
eleven and twelve o'clock on the night in question, and
when in a street called Clarke-street, in Bury, he saw the
prisoner talking with a number of women. When the
prosecutor was near the prisoner the latter said, " where
are you going ?" The . prisoner replied, " I am going
home," when the prisoner sai.d, " I will give you
home," and knocked him down in the street. At
that time he had ten shillines aud some corvette IR •_ • . Lea Le, to 6 taluu
his pocket, and he was severely kicked is his face,
and other parts of tin body, and when he got up the
money was gone. After the scuff! was over, a woman
found some coppers in the street, near to the spot where
it had taken place. For the defence it was argued that
the statement of the prosecutor was inconsisteatthe
foot being that the two were having a "regular stand np
fight, when the prosecutor was "knocked down," and
the money fell from his pocket, when he accused him of
the robbery, but immediately after he wal apprehended,
he exclaimed " that he had never robbed a man is his
life." The jury found a verdict of guilty of au assault,
but as such a verdict could not be taken by law, the
prisoner was acquitted.

- ATTEMPT TO SHOOT AWTFE AT LIVERP3OL —Thomas
BArlow, 45,a coaeh•builder, stood indicted with having, on
the 7th of Nov. last, feloniously shot at, and discharged
a pistol at Charlotte Barlow, his wife, with intent to kill
her. There vas also a second count in the indictment,
charging him with intent to do some previously bodily
harm. From the evidence in this case, it appeared that the
two parties had lived very unhappily together for some
years, and, at last, on the 31st of Oct., the prosecutrix, in
consequence of the prisoner's, ill tr.,atment, had been
induced to leave him and seek some other lodgings. At
that time she took with her the four children. On the 6th
of November, the prisoner called at the lodgings and
asked for a parrot, which was given to him. On the
following day the prisoner called again, but was not then
sober, and saki, " Charlotte, come out." She told him to
go home, as she had come diere for peace, and peace she
would have. The prisoner then said, "If you will not
come out yourself, send the children out—let me see
Tommy, Maggie, or Annie." She told him Annie and
Maggie were out, when he asked to see the boy, and
Tommy was sent out to him. He asked the child to go
home with him, but the child replied, crying. that
he would rather live with his mother, and then
the prosecutrix stooped down to tell the child
to speak out and say with who :n ho would r lther live,
and upon the child saying "with you,' she stooped to
take hold of the child, when the prisoner fired a pistol at
her, the contents of which grazed her neck, he observing,
" down you go, you —." The pi isoner was immediately
apprehended, when in his possession was found the pistol
that had just been fired, another pistol loaded with ball,
and every implement necessary tor loading pistols. A
pistol ball was found on the step of the door, but it being.
much smaller than the barrel of the pistol, it was supposed
that it had fallen out before being discharged. Several
witnesses were called to prove the above facts, after
which it was argued for the prisoner, that there was no
proof of his having any intention to kill his wife, there
fore, it could not be more, if even that there was an
intent to do her bodily harm. " Guilty, with shooting ne
pistol loaded with powder, believing, at the same time,
there was a ball in it, with intent to kill." Sentence
deferred.

CHARGE OP FORGERY AT LIVEIIPOIL —Richard Meigh,
aged 27, described as a miller, stood indiDted with having,
on the 20th of October, feloniously forged an acquittance
and receipt for three crates of earthenware, with intent
to defraud. Oa the 19,h of October last the prisoner
went to Sxilte upon Trent, Staffordshire, where he saw
the prosecutor, George Fowler, and there made a bargain
for four crates cf earthenware, paying for one, and
promising to send the balance to Staffordshire. The
goods were forwarded to Liverpool, and a clerk to the
Bridgewater Trust went to a house in Cleveland-square
in search of a person, George Fowler, to whom they were
consigned, when the prisoner said, " I am George Fowler,"
and signed the delivery book, and in a few days after-
wards received the goods, and sold them, and was
subsequently on board an Anstralian ship, having taken
a passage to that country. For the prisoner some legal
points were raised, but he was found guilty, his Lordship
expressing his determination to look into the authorities
on the legal points in the case.

GARROTTE ROBBERY IN LIVERPOOL. John Roberts,
aged 32, a labourer, was indicted for having at Liverpool,
on the 14th November last, feloniously assaulted Mr.
Nicholson, and stealing from his person a gAd chain.
About four o'clock in the afternoon in question, the pro-
secutor was walking along Cheapside, when a man pounced
upon him, knocked him down, and took his. watch chain.
The prosecutor could not identify the prisoner, but a
woman who saw the affair swore positively that he was
the man who knocked the prosecutor down. The prisoner
was taken into custody the same evening, and on being
removed to the cell he dropped the chain which had been.
taken from the prosecutor. The prisoner was found
guil y, and sentenced to 12 months' imprisonment.
THE LIBEL ON MR. ROBERTSON GLADSTONE.—In the
course of Saturday the Grand Jury returned "a true
bill" against Thomas John Ousley, the printer of the
Liverpool Herald, for having at Liverpool, on the 10th of
October, unlawfully and maliciously published a certain
defamatory libel against Robertson Gladstone, a member
of the Town Council of the borough.
Before the rising of the court, the Grand Jury having
completed their labours, they were discharged with the
thanks of the court for their services.
The court adjourned shortly after five, o'clock, until
this morning at tea o'clock..