Northern Times.
Liverpool, Merseyside, England, 1859-01-26 00:00:00

HORRIBLE CASE OF 'MAgSLAUGHTER.
On Saturday afternoon, J. Hoyle, Exj., coroner for
Newcastle-upon-Tyne, held an inquest at tbe Westgate
police-station, in that town, on the body of Joseph Scott,
aged 29 years, who met with his death by violence' at the
hands of a mars and woman. Ann Tulloch, the woman
' implicated in the matter, is a widow, residing in Peel-
street, Newcastle, where she formerly kept a public-house ;
but, owing tothe disorderly way in which she kept the
house, her license had been withdrawn by the magistrates.
Wilson, the man who is implicated, is by trade a stone-
mason. Several witnesses were examined ; but the
'following is sufficient to show the barbarous nature of the
attack upon the deceased
Allan Cameron: I live at 15, West Blandford-street,
and am a curled-hair manufacturer. accompanied the
deceased to Mrs. Tulloch's house on the morning of Fri-
day, the 18th inst. It was about three o'clock. I think
we had left the Black Bull-yard about half-past two
o'clock. We were at Mrs. Tulloch's in a few minutes.
John O'Neil, glassmaker, and Thomas Ratcliffe, butcher,
were with us. I was sober, Ratcliffe was a little
" touched" with drink. O'Neil was sober enough ;
Scott • was very drunk. We had been at the Black
Bull, in the Westgate, and the landlady had requested
me and Ratcliffe, and • O'Neil to see Scott home.
We went to go home, and all stopped at the
door •of Ann Tulloch's house. Ratcliffe rapped
at the door, and Mrs. Tulloch spoke from the inside,
and asked who was there. Ratcliffe said it was somebody
from Ponteland. Mrs. Tulloch laughed, and said she
would let us in, and see what we were made of. I said I
would not go in, and walked up the street. Shecalled
after me, and asked what I was afraid of. They had gone
in, and I came back and went in, and we went into a
little room. There was a man, a young woman, and Mrs.
Tulloch. Scott sat down : Ratcliffe was beside him, and
got en to talk to the man who was in the house. In a
short time Ratcliffe went to the back door. Wilson
followed him out of the room. The front door was
locked immediately after we came in. When Ratcliffe
went out, O'Neil left the house altogether by the back
door. Ratcliffe came back without Wilson, and sat
down for about a minute, and then went out of room
again. I heard Mrs. Tulloch say the doors were locked,
and that he could not get out. Mrs. Tulloch then asked
Scott what he was going to stand. Only Mrs. Tulloch,
myself, a young woman, and Scott, were then in the room.
Scott, in reply to Mrs. Tulloch's asking him what, he
was going to stand, said he would have some beer. She
said she did not sell beer or spirits either. She made use
of some very nasty language. She said if he would give
her the money she woud go and get the drink. He did.
not offer to give her the money, and she got very "nasty"
—I mean quarrelsome -- in her conversation. They
argued for a good bit, and got on talking about sleeping
with each other. She said he should not do so for £59.
He was sitting with his head inclined, and Mrs. Tulloch
aimed a blow at his face with her hand. The blow just
touched the end of his nose. He got up in a passion, and
made a blow at her with his hand. It hit her on the face:
She did not fall down or become insensible. She went into
the bar, and rubbed her eye a bit with something. She
then swore many a time that she would be his death, or
would murder him before he got out of the house. I got
her quieted, and he and I came out of the room togethr,
and we were walking past the bar to get to the outer
door, with the intention of getting out of the house, when
just at this moment Wilson came into the passage, and;
without saying a word, struck Scott. Mr, Tulloch was
still- standing in the bar rubbing her eye, and had told
Wilson about Scott striking her. Wilson then,
without saying a word, faced us, and felled Scott with
his fist. Wilson " hammered " away at him till he got
him into the room, and Mrs. Tulloch shouted, "Push
the— into the room." I was knocked into the bar, and
by the time I got on my feet again, and got into the
room, Wilson was still " hammering away " at
him. He kept "braying" Scott, who fell against a side
seat against the wall. The blow's were • with the- Est,
and on the head. When he fell upon the side seat, Mrs.
Tulloch took a quart glass decanter, which was standing
on a table, and I heard a heavy blow. I looked, and
saw blood .running down Scott's head ; she kept the
decanter in her hand, and beat Scott three blows
on the head with it. The first blow hit him•
on the back part of the head ; before the second
came, he had put up his hand to the back of his head,
and it hit him on the hand ; the third blow hit him
on the back part of the head—the same pl
first. I rushed towards her to prevent her doing any
more. I said to them that they. hid murdered Scott,
He was quite insensible from the blows. He wag
lying on the side seat, with one foot on the ground_
Wilson then pulled him off the seat, and he fell on
the floor, among the , blood which had flowed from
him. Ratcliffe then made his appearance. I don't
know where he had been, but he could not be out
of the house. We wanted to get out. Wilson and
Tulloch would _not- let us go out, either for a police-
man or a medical man.. Ratcliffe and I raised him from
the floor. As Ratcliffe came in, Mrs. Tulloch lifted him
by the hair of the head from the floor—his face- was
lying among the blood - and said, " You are you not
dead yet ?" She let his face fall among the blood,: and
gave him a kick in the side. I then, with the assistance
of Ratcliffe and O'Neil, carried deceased out of the house
and laid him on the ground. He was still insensible. I
left Ratcliffe with him and brought a policeman. We
met another on the road, and they both returned. I
returned with the officers in about two minutes. The
officers rapped at the- door, and got inside, and saw
• the state the room was inwith blood. They then assisted
to carry Scott home. We laid him on the floor upstairs,
and left him in charge of his brother, who had come up
while he was lying on' the flags. Mr. Clarke, the surgeon,
came and saw deceased. Scott never spoke to 'Wilson in
the passage. The whole affair lasted about twenty
minutes or half an hour. Before Scott was struck by
Wilson in the passage, Mrs. Tulloch had pointed to her
eye, . and said "Just look hero ; Scott has done it."
When Scott was struck by Wilson in the passage,
he made no resistance. Margaret Williams was present
when Tulloch first struck at the deceased, and
when deceased, strack her. The decanter was not broken.
I think she set it down on the table. About five minutes
would elapse between the time Scott struck Mrs. Tulloch
and the time Mrs. Tulloch struck him with the decanter.
George Noble Clarke : lam a surgeon. I attended
deceased on the morning of the 14th, about four o'clock.
I found him lying insensible, in an upstairs room in a
house in Temple-street. I removed a good deal of hair,
and found a wound at the back of the head, and blood
oozing from the wound and ear. There was large bruised
wound about an inch in circumference. I could get my
finger underneath the scalp. I could move my finger round
beneath. The scalp was separated from the skull for about
an inch all round the skull. I could detect no scalp wound
from external examination. On the hair being removed,
I found the scalp, to the extent of three inches in dia-
meter, hacked and cut in such a way that I could not
understand how it had happened. The scalp was jagged
outside the principal wound. From more minute
examination,. I found blood oozing from his ear. This was
a much more- serious thing; it indicated considerable
internal injury to the brain I dressed the wound, and,
considering it was a question how far drink was the occa-
sion of the stupor and insensibility, I left bins. The right
hand was much swollen on the back • when touched he
appeared to feel it more than any other part of the body.
I saw the deceased about nine o'clock the next morning ;
he was still in a state of stupor, but could be aroused to
speak. He told me he was very bad, and that it was all
his head: I saw him again, when I expected all stupor
from drink would be cone. I found him still in a eon-
siderable.stupor. This led me to examine more thoroughly
his case, and I found blood and serum flowed from his

Ality proceed,

from. internal injury to the head

lie eontimied under
from the injuries on the head. The

)1v on t

.ead was sac

a as nligh

)een inflicted

The jut.
"Manslaughter

almost immediately returned a verdict of
Igainst Wilson and Tulloch, and the
coroner made out his tost-rant, fur their committal, to

prison

A semi-official journal at Madrid, the Correspondozcia
Autografa, says that orders have been given to the
Andalusian authorities not to "render official horkours to

the Count de Paris,"' but "to confine themselves to the
social and political attentions due to the hi,gbi position
and misfortunes of the young prince."
DEATH IN A CHAPEL Oil Sunday evening, Mrs. Jane.
West, a widow, aged 33. years, and who, resided in

ivine service a

Howarth-street, attendee
gation Chapel, Great Jaciou..-.“—, .......„_„,,,
minutes after seven o'clock, she was observed to 1
and was assisted out ; but she did not speak, and she diet
about a minute after the arrival of Dri Pettiuger, wh,
was sent for. A verdict of " Died from natural i. e,
whin'sin,.gan old
was returned by the jurors, at the inquest helalsfe,—;,
Mr. E. Herford, city coroner.
A Rica MminteANT.—As a
del w. as .1,,,,,.1
few days ago along the Rue de la Paix.
mss, an
put his hand
in
back in astonishment, ex-
m, , acnh, a trl
ii
tey :Ti
fryyopuicptuleraesoef:Nove*,,,zigaall'
into his pocket, but starting
claimed, " My landlord 1.)-eggin
the beggar, and found
niiotvathen. turned out that his name
A police officer,
hearing the exclamation, arrestedg
onisihoiunar
02:40ef:
tihna ~t,* ohl (eLe:
a pension as a retired paviour
of the city of Paris, that li
e s owner of a house at Pontoisc,
he has been conch:mil:kat on of his tenants; also, that
and that the gentleman. is
On Friday he was, tried b severale times for theft and bogging.
police for mendkane y the Tribunal of Correctional
imilrisonment. Y s EknA Was sentencedtotltreg Tomtits'

ARE THE ECCaSIASTICAL CANONS
BINDING OM I'HE CLERGY ?
TO THE EDITOR OF THE. I.tORTHERN TIMES:
S'r,—l am obliged to you for the candour and
(
courtesy with which you have giVen insertion and
drawn attention to my statement, that the eccle
siastical canons of 1603 are not binding on the
clergy or the laity of England.
From your leader of this morning, it appears
that you never intended to imply that the canons
were binding on file laity, but only that the Clergy
were bound by them. I am prepared to show,
how'cver, that this latter statement is as great a
mistake as the former. would have been.
At the outset, let me say, sir, that I entirely
agree with you in the principle that all bona fide
members of a church are bound to abide by the
rules and regulations of that church. If the 141
canons of 1C93 are, properly speaking, rules and
regulations of the Church of England, then all
members of the English ChUrch, whether lay or
clerical, are bound to comply with those canons.
The only questiOn at issue'betwixt you and me is,
whether the said canons hve ever been properly-
constituted rules of the Cliureli)ef England ? .
If it be asserted that the' Established Church
or its clergy are bound to submit to all the deci-
cisions of Convocation' which have the sanction of
a monarch, but are without the rnqfwation of Par-
liament, then I reply, that such a notion is in
direct opposition to the law of the land and
of the Church, which subjects alt matters ecclesi-
astical to a constitutional monarch, acting upon
the advice of ministers, and not without the consent
qf the Houses of Lords and ainonons. It is because
the 141 canons of 1603 are the enactments of Con-
vocation, sanctioned by James 1., but never con-
firmed by Parliament, that r deny their 'authority
or obligation, over either clergy or laity.
Certain parties in the English Church have,
indeed, held that these canons, though confessed
to be not legally binding on either clergy or laity,
are yet binding on the clergy it for° consvientre.
In reply, I ask—How can they be .binding on the
consciences of the clergy? It must 'be - either
because of their innate justice and wisdom, or
because of Convocation having been: properly
deputed to. legislate for the Church intmatters
ecclesiastical..
As to this latter point, the truth ' is, that
Convocation was, properly, an assemblage
of certain of the Church's dignitaries, who
were appointed, not to make laws, but to assess
their clerical brethren with a due share- of the
national burthen of taxation. From .- thiS, its
proper function of tax-assessing, convocation
gradually- became- accustomed to recommend,- by
the decision of its majorities, that measures
approved by it should be enacted as laws by the
sanction of Parliament and the Royal assent-
At - last, however, some 150 years ago, the
discussions of convocation were so noisy, bitter,
and disgraceful to the church and nation, that its
meeting for the transaction of business was brought
to an end. It never was, or was intended to be,
a legislative- body either for the church or the
nation. How, then, can its recommendations of
laws be binding on the consciences of the clergy ?
The King's sanction, unless constitutionally
given, with-the consent of both Houses of Parlia-
ment, will hardly be alleged by you, sir, as giring
any force to the recommendations of these clerical
tax-assessors. Whence, then, are the 141 canons
said to be binding on the consciences of the clergy ?
Is it because their innate qualities are those of
wisdom,. and gentleness, and justice ? Let the
toleration of the canons be estimated by their
frequent use of the following words with reference
to those who differ from. the established church :
" Let them be esComMOnicated ipso facto, and not
restored but by the Archbishop, after their repentance,
and public revocation of such their wicked errors-;."
and,• as for the wisdom-of the canons, it may be
fairly judged from the following extract from
No. XVIII.—" No man shall cover his head in the
church or chapel in the time of divine
except he have some infirmity ; in which case
_ .

ervice,

let him wear a night-cap or coil"
On the strength of these facts, and many more
than these, with which I will not trouble you, sir,
—for they will be patent enough to every one
who reads the canons through—l ask, how can the
clergy be considered, as bound, in conscience, to
canons which, besides. being obsolete, are neither
legal nor just, nor even. sensible ?
" But,' says the nameless authority whom you.
quote this morning, "'the canons are part of the
laws of the land, for the government of the church,
and in such case bind the laity as well as the
clergy." It appears that your anonymous author
makes this assertion in dependence on " statute 25,
Henry VIII. ; " and because the canons " being-
authorised by the King'S commission, according to
the form of the statute 7.5 Henry VIII., they arc

warranted .by act of parliament

t you, s

can produce any part of that statute
25 henry VIII.) which warrants the canons, of
1603, I will at once give up my point ; but, in the
meanwhile, let me remind you of the following
facts relative to that statute :

25 Henry VIII., confirmed by 1. Elizabeth 1.,
enacts that a review of the Roman Catholic canon
law shall be made ; and, until the perfecting of
such review, all canons, constitutions, ordinances,
and synodals provincial, being then already made,
and not repugnant to the law of the land or the
king's prerogative, shall still be used and executed.
" And, as no such review," writes Warren's Black-
stone, p. 61,
," has yet been perfected, upon this

statute: now dependi th
law in England ; the lii

to be, that such canor

authority of the canon

tions of which appeal

ztute, and were ado-pted by our laws, bind.

both laity and

" The time of this statute, was A.D., 1,533 ; and
not 70 years afterwards, A.D: 1603, did James
I. and the convocation agree, without the, consent
of Parliament, upon their 141 canons."- The 25th
Henry VIII., sanctions " only-such canons as were
then already mgde,!' in 1533 ; and how you, sir,
or your nameless authority, can under-stand that
statute as giving the sanction of Parliament to the
canons of 1603, is quite beyond my comprehension;
and, until vou.can make this matter clearer for us,
I opine thtit your readers and I must remain conz
winced that the 141 tvranical and unwi

canons of:

are neither -legally nor conscientiously
g upon any Englishman, whether he be lay
-I have the honour to be, sir, yours, &e.

1603
binclit
or cleric

A LOVER OF THE CHEr
Everton, Tan. 25, 1859.

Cu :171.0 • 0

REEDON.

TO THE SUBSCRIBERS TO THE AIGBURTH
WORKING MEN'S' AS`SOCIATION..

s tissoclatloll
1y in the

beg most positively to assert, that the r
Liverpool Mercury of January 191

SOlr€

is re-

Ported. in that paper of the 6th. hist, was not
Nvrittenn. bby an
member of themth , an
et
o d as far. as they can
leary no e,,sci.
signed, on behalf of thc,eomtrtittee, .
, WILLI:kw RimmEß,
Reading Room, Ain•burtl Vale, Jan
0
CD°A;PILtES, JAMES MUTH
ILISIIELLPHIP
A telegyara

21, 1859„

"r"LulleSpatcfrom Athens,announees that the
recce has conferred. the• Grand Cross of the.
'Holy Saviour on Queen Victoria.

law rc

ty circulation, the post

taken t

list of un-

of icew York-

'rem the

given it to the

RAORDINARY AND I%EPITL INVENTION.—There is
g that housewives ccAuplain of with greater truth-

fulness, than, the break:sigof some favourite piece of
glass, valuable china, or- earthenware. In hundreds of
cases such things cannot be matched, and of course cannot
be mended. The lattsr. want has been obviated by an
extraorclidary and effective invention, by Mr. Adshead, of
Derby Pottery, near- Derby .. ,it is a cement that may be
said to heal, in a perfect manner, all cracks and breaks in
the articles spoken of; and not 'only in these, but in mar-
ble, alabaster, &e. The benefit of this article need not
be dwelt on. We have seen some of its effects at Mr.
Hall's, our neighbours, and the glass that has been
cemented by it is stronger in that part than in any other.
The article is very cheap, and no house can be long without
it. Mr. Hall is the agent for its sale in Liverpool, and
all interested can judge for themselves, by looking. in at
shieouth establishment.joh n-str ee t Agents.
nfor
bottles,
each, or sent free
on receipt of xtesiex postage stamps,