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

TRIAL FOR MURDER

BEFORE MR. BARON MARTIN.
In the Crown Court, on Wednesday, W, Nelson, a shoe-
maker, and J. Leach, a cotton spinner, were indicted with
having, at L incaeter, on the 22nd of February last, wil-
fully murdered John Cragg. Mr. Monk prosecuted, and
Mr. Higgins defended the prisoners. The alleged murder
was committed in the town of Lancaster, and the reason
why it was tried in Liverpool was, that the prisoners were
committed at the close of the Lancaster assizes, and the
Liverpool as izes being only an adjournment from foincas-
ter, the judges have the power of trying Lancaster cases
here. Mr. Monk stated the case, from which it appeared
that the deceased and the two prisoners were drinking
together at a beerhouse, in Lancaster, when they quar-
relled, and the prisoner Nelson had been heard to
say he would give the deceased the best wallopping he
ever had in his life. They proceeded along the
street until they got a little out of the town. The
body of deceased was afterwards found at the bottom of a
stone quarry, arid the question which arose was whether
death had ensued from the result of accident, or from
having been thrown into the quarry by the prisoners before
death, or after he had been killed. The heart and liver of
the deceased were found to be ruptured, which the medical
witnesses would tell the jury could not have been occasioned
by the fall, The deceased's cap was found upon the margin
of the quarry, which was dirty with the mud of red sand-
stone, the peculiar soil at the place. When the body was
found, the clothes of the deceased were also covered with
the mud of red sendstone, which was not the colour of the
mud in the quarry. From this it was supposed that a
struggle bad taken place, before the deceased had fallen,
or had been thrown into the quarry. An ill feeling bad
existed between the deceased and the prisoner Nelson, as the
latter had been transported, and was a ticket of leave man.
The deceased had been the means, through his evidence,
some years ago, of transp ming Nelson, and he was not
popular with any of the workman in the neighbourhood of
Lancaster. About the time the occurrence took place, the
inmates of the workhouse near the spot heard cries of
distress, and suddenly all was still. It was not probable
that any cry of distress could have been heard from the
deceased, when at the bottom of the quarry, as the deceased,
if alive when thrown in, must have died instanter. The
learned counsel then called the following evidence : --Andrew
Pritchard deposed that he lived close to the stone quarry in•
question, and that on Sunday morning, the 22nd February,
he was walking through the quarry, when he saw the
body of John Cragg, who he had known before. He was
quite dead, with his hand resting on his head. Did
not disturb the body, but waited until a Mr,
Wight came to him. There was a wall sur-
rounding the quarry, about two y high.
There were some stones removed from the wall, which had
Ulna into the quarry. Had seen the wall the day before.
when no stones had been removed. There was a good deal
of blood about the head of the deceased when he was found.
There was a bed of whin bushes close to the wall. Malcolm
Wright, constable, of Lancaster, deposed that in conse-
quence of information he had received, he went to the stone
quarry, and found the last witness there, and at the south
east corner of the quarry he found the deceased lying on his
back quite dead. The right arm was up, and very stiff. The
clothes of the deceased were covered with blood. The
pockets of the deceased did not appear to have been dis
turbed, and he found in them two half crowns and two keys.
On lifting up the deceased's heal he found a large quantity
of blood, and the skull was fractured. There were so
feet marks in the quarry. The trousers of the deceased
were covered with mud of a sandy colour,
with which the land was covered about the
quarry. There was no such mud in the quarry. When
witness apprehended the prisoners, he asked them if they
knew who he was, and they said they did. He then
asked them when they last sew Cragg,.the deceased, when
Nelson said that it was the night before, and that both of
them had left him near the canal bridge close to Penny
street. The prisoners were then taken to the police
station, and on their way he observed marks of blood on
Nelson's clothes, and some soil marks of the colour of the
sand at the top of the quarry. Mrs. Cragg afterwards
pointed out to witness, where she had found deceased's
cap. Measured the height of the wall surrounding the
quarry, and found it was six feet high. Near the wall, on
the 22nd of February, the witness noticed several feet
marks ; and there were also marks of feet in the wall, as
if' some person had been scrambling up. Could not say
whether there were feet marks of one or two
persons on the wall. Robert Lawsen, a land surveyor,
at Lancaster, produced a map of the quarry, showing the
situation of the wall from which the deceased had fallen, or
had been thrown, into the quarry. Margaret Briscoe,
matron, of the infirmary at Lancaster, said that she
remembered the body of the deceased tieing brought to the
infirmary on the Sunday morning previously alluded to,
and noticed the state of the deceased's clothes, and found
on the sleeves a good deal of mud as though he had fallen
about. Mr. Hall, a surgeon, residing at Lancaster, said
that ho went to the quarry on the 22nd of February, and
found the dead body of Cragg there. Deceased had
evidently been dead some time. Went to that part of the
quarry where the deceased bad fallen in, and observed
the state of the wall which had fallen in, and
saw the marks of feet as though persons had been
trying to climb up. The marks appeared to have
been recently done. There were puddles of mud upon the
wall corresponding in coiner with the dirt on the road near
the wall. The breakages on the wall seemed to be fresh
done. The decease] was a stout muscular man. There
were no external marks of injury about the body more
than a fracture of the scull and the left arm. There was
only one wound upon the head, and a bruise upon the
temple. There were no marks upon the throat. Examined
the ab lomen and found it filled with blood. The deceased
from the injuries he received, might have cried or groaned
for about two minutes after having fallen into.the quarry,
but not in his opinion longer. Could not say whe'her the in-
ternal injuries were received from the effects of the fall, or
by previous ill-usage; a personal struggle, or a fight, might
cause a rupture of the heart, hand the deceased's heart was
ruptured, and the liver also. The heart could not have