The Northern Daily Times.
Liverpool, Merseyside, England, 1857-02-25 00:00:00

THE LATE GARROTTE ROBBERY AT .ROCIcI LIVERPOOL SUNDAY SCHOOL AND LITERARY
FERRY, lINSTITUTE.

At the Birkenhead police court yesterday,before Richard
Bryans, Lira, Thornas Begley was charged wi.h stabbing
and robbing Mr. Henry Saxby, on the 14th January last,
near Rock Ferry. The following evidence was taken :
Henry Saxby—l am the son of Mr. Stephen Martin
Saxhy, of Rock Ferry. About half past five
o'clock in the evening of the 14th January last, I was
waiting near the Rock Ferry Hotel for my father,
whom I eStpected by the ferry boat. It was not
quite dark, but the lamps were lighted. I saw two
men loitering near the hotel tap, the door of which
opens into Rock lane. I remained some time walking
op and down, and passed them in so doing. After a
titte they both followed me. I went on and stopped
under a lamp. They passed me, and as they did so, one
of th in said, ache shall have this into his guts if he dont
tale care." They then went on across the railway
bridge. I followed them, being about five or six
yards behind. After we crossed the railway bridge,
they turned round, and
.one of them asked me
what I wanted, I said, " 1 did not like what they
had said when they passed me by, and if they meant
nothing, they nosld have no objection to come to the
police effiee and explain—one of these ;tee eo:nee:,,neti
attacked' me „:aria a knife. I saw a knife in his hand.
tie began striking at me with it. 1 had a short stick in
my hand, wi'h which I defended myself. 1 had my own
knife el:o in my left hand. I struck at one of them with
the krifc. While I was so engaged, the other man came
behind anti seiz-d me by the throat; at the same time
struck me on my head.which knocked me down and they
Then ran away. When I came to myself, I saw
Captain Hulman coming towards me. Three of my
pockets were turned inside out and empty. I had a
purse containing a half crown in my inside coat breast
pocket, and a silver pencil case in my waistcoat pocket.
I accompanied Mr. Hillman to his house, and a police
officer was sent for. When he game I accompanied him
to where I had been attacked. On searching about, the
police officer picked up the two knives, one of them is my
own, and which I used as I have described Ihad an opal.-
'unity of notieingthe faces of the men as they passed under
a lamp. I cannot swear to the prisoner being the man who
used the knife, -bat I positively swear to his being one of
the tno men I have spoken of. I selected him from
several others at the police station at Birkenhead. After
I got home I discovered a cut through my upper and
I under coats to my pocket book, which I had in my
under coat breast pocket. I produce the pocket book.
(There was a long scratch upon it, not of any depth.)
The purse 110.7.7 produced is my property, and
which I had in my packet when I was attacked,
Prisoner cross examin-ed Mr. S-sxby at some length, in
answer to whose questions he stated that the prisoner had
a cap on with a polished peak (prisoner here produced his
cap which was a cloth one with a patent leather peak ti it),
when Mr. S. said it was like that one. -Police constable
John Astick, Na. 450, and lately one of the bridewell
keepers, stated that while in the latter capacity, I had the
prisoner more that once under my charge for drunkenness,
and from the description given of the persons
who attacked Mr. Saxby, I kept a look out for the
prisoner, who resided at tt e second or third house in North
street, Liverpool, along which street my duties took ma
dally. I went to the prisoner's house on the 13th January
last and saw his wife, who upon being asked where her
husband was, said she did not know—he was away.
I passed the prisoner's house daily, but saw nothing
of him until Sunday evening last, when I apprehended
him at the coroer of North street, where he
was standing in such a position as to have a full view
of his (the prisoner's) house. He also knew that prisoner
kept an oyster stall at the west end of Sn John's market,
bat which the prisoner had not attended since the time be
made himself scarce. When I apprehended the prisoner, I
took him to the police office and told him the charge, in
reply to which he said he had not been in Cheshire for
eighteen months, but afterwards said it was four months.
Prisoner atternated to show that he left home on account of
ill usage from his wife, and that be could not have been
in ChesWre at the time of the robbery, and called several
of his relations and a barman, named Joseph Cliffe, who
was employed at the Railway Hotel, at the corner of
Sparling street and Wapping, who stated that he recollected
seeing the prisoner early in January last with his forehead
and nose cut, and also two black eyes, which he said had
been done by his wife with a candlestick, and that he had
continually seen the prisoner, with others, drinking at his
master's house up to Sunday last. The other witnessoalso
stated that the prisoner had been seen by them daily, and
could not have gone away during the time. The depositions
having been read over, the prishner was asked if he wished
to say anything in answer to the charge, when he replied,
" I wish to say nothing more than I am innocent as a child
unborn." Committed for trial at the next assizes.
After the above case had been disposed of, the following
also came before the magistrates :
CRUELTY BY A MOTHER TO HER INFANT.—Jane
Quigley, a dissipated-looking woman, whose age was stated
to.he 23, but who appear el mesh older, was charged wish
cruelly illtreatmes her child, a little boy, about six years
of age, by striking him on the head with an iron candlestick.
The peer lit le fellow appeared in court with his head ban-
daged up, it having been dressed at the Birkenhead hospital.
The prisoner's husband statel that-she was a drunken woman,
and his home was quite wretcbed. He really did cot know
what to do with hr; it was not the first time she had ill
treated his chill. As the prisoner did not seem to have
recovered from her last debauch, she was ordered to be
remanded .until Thureday next, the worthy magistrate
rein-irking that it was - a very bad case, and, as he
could nofdealewith it sitting alone, she must be put down
until that day for the attendance of another magistrate.
STRALING ClGARS.—Saninel Bridge a rung man,
dress el a: an engineer, was charged with stealing a cleans
tits of cigars from the Canning hotel, in Canning street.
The prisoner was before tie magistrates on Monday as a
suspicious person, having been found at four o'clock in the
morning in the ship building yard of Mr. Clayton, at
Rose Brae. Mr. Clayton's private watchman took
him to the : brid)well, and when there a
large quantity of cigars was found upon him, which
were afterwards discovered to have been stolen froM a box
in a room where the prisoner and two others hal been
smoking and drinking up to the time of closing the hotel.
As all the witnesses in the case were not in attendance,
the prisoner was ordered to be remanded until Thursday
next. .

A BOY SMOTHERED IN SAND—On Tuesday afternoon, rs
three boys were pl tying at the foot of a large sand b4nk,
near the Edgeley Railway Station, a portion of the bank
gave way, and buried them some feet below the surface. An
alarm was immediately given, and two of the boys were
quickly dug out, but the third, named Delany, was dead
when extricated.

SaUTHAMPTON ELECTION.--PETITION AGAINST THE
RETURN OF MR. WEGUELIN —A. petition is in couve of
preparation against the return of Mr. Weguelin, M P. for
Southampton, one some technical ground of an adjourn-
ment having taken place at one of the polling booths for
half au hour on the day of election, and two other booths
having been pulled down a few minutes before four o'clock.
THE DAILY NEW PAPERS.--The Gazetie of Friday con-
tained such a notice as means that one of the oldest and
most respectable of the daily metropolitan newspapers has
found its way into the Court of Bankruptcy. This
confirms the prevailing opinion, that since the repeal of
the newspaper stamp, those of our daily cotemporaries who
have Tirol-, the courage to come down in price, are either
encountering a hard struggle for existence, or have not
any prospeco of success for the future.
A MOST CRUEL DEATH.—On Friday morning, January
11, a prisoner sentenced to solitary confinement in the
Michigan State penitentiary, and confined in one of the life,
cells, was found dead. On examination, the officers found
that the steam pipe that passed through the cell to warm it
had burst during the night, and scalded the poor man
dreadfully. His throat was cut, and an old knife was fonnd
in his cell, by which the deed was committed. Ho undoubt-
edly cut his throat to escape being slowly cooked to death
by the escaping steam, as no cry for help uttered by him
could be beard by the keepers.---New York, Herald.
UNEXPECTED TESTIMONX.—It is a well known fact in the
experience of all legal advocates that there is generally
a point in the examination of a witness beyond which it is
dangerous to proceed. The truth of the remark was proved
in the Huddersfield Gaildhall on Saturday. A solicitor h-id
undertaken the usual charge of defending a " di...mkt:a and
disorderly" case, when, pressing the policeman somewhat
hard, the official stated that he remembered the time of the
alleged charge, " because he was taking a very respectable
gentleman home in a state of intoxication." The police-
man's memory being still further goaded, he added," Why,
the very respectable man I was taking home was the lawyer
himself.--Leeds Mercury.
TRACING A PEDIGREE.—In the Court of Qseen's Bench,
on Friday, an action was brought by a gentleman named
Sprye tolrecover a large sum of money for services which he
had rendered to the defendant, a Mr. Porter, in tracing nut
his pedigree, and enabling him to recover between £50,000
and £60,000, which sum was in the hands of the Crown, and
hail been left by a person named Townley, who died some
years ago. After Sir Frederick Thesiger had stated the
facts, a disposition was evinced by the parties to come to a
compromise, and Sir Frederick, on the part of the plaintiff,
and Mr. M. Chambers, for the defendant, had a conference,
and arranged between them that there F.hould he a verdict
for the plaintiff—damages £lO,OOO. Lord Campbell said
that he was fully convinced that the arrangement was a
evxecryeeparinorlyr oiundee,baned he w d
to counsel e a s
forre tthhaet
atdliveicepwarhtiiect were
given.

The seventh of the eleventh course of winter lectures, in
connection with this. institution, was delivered last night
in the theatre of the Liverpool institute, Mount street, by
the Rev. J. B. Lowe, A.M. The chair was taken '
by T. Robinson, jun., EFT, who, in introducing the
lecturer took the opportunity to refer to the benefit
conferred on the community by the Sunday School
Institute, and to urge on his hearers the propriety of snak-
ing some contribution towards its aid, in order that the debt
of ,„X143 now existing against the treasurer might be
wiped off. The subject of the lecture was : " Christian
Infidelity;, or, Old Foes With New races.'' Its aim Vri as
the refutation of that doctrine which, while holding the
inspiration of the Bible, denies its infallibility. Judging
by the frequent applause with which the discourse was
interrupted, the views not less than the language of the
iecture seemed to meet with the approval of the audience.

EXTRAORDINARY CASE OF PERJURY.

On Wednesday last, a case which caused considerable
excitement in the town, was heard at the Town hall,
before the Mayor and E. G. Hornhy, Esq. George
Warden, or Wearden, a man well known in the betting
circles for m tuy miles round, and by his compeers recog-
nised by the name of "Sticks," wes charged with wilful
perjury in an affidavit in the Court of Queen's Bench, in
which Ceorge Stone was the defendant. Mr. Clark, in-
structed by Mr. John Beardmore Wathen, of London, Mr
Stone's solicitor aed Lendon agent, appeared for the
prosecution, and Warden was defended by Mr. Swan,
attended by his clerk, Mr. Homer: The circumstances
as set forth by Mr Clark, and folly detailed in the evi-
dence were as follows prosl'cutor in the case is
Mr. George Stone, solicitor, of Liverpool, where he has
practised for a number of years, and has held the
situation of high bailiff of the county court, at Liver-
pool, since the year 1846. when the act first came into
operation. A few years ago, there was an act passed
intituled "the Absconding Debtors' Act," and in the
County Court Act was a clause, prohibiting attorneys'
from practising in the county court, whilst they held
any office in it. But upon the passing of the " Ab—
sconding Debtors' Act," a question arose as to whether
they might not practise, but Mr. S one refrained from
doing anything until he had consulted Mr. Millward, a
barrister of long standing, and whose opinion was that he
bad a right to do so. It was also named to Mr. Pollack,
the judge of the County Court, and he coincided in
opinion with Mr. Millward that it was perfectly legal,
and after that Mr. Stone took affidavits. In the month
of July last he was applied to in a case, and the party
was arrested and brought to Lancaster, but in conse-
quence of the plaintiff not proceeding, the debtor was
discharged from Lancaster Castle ; and in the month of
August Mr. Stone received notice of action, and
a writ from Mr. Swan, solicitor, who practised in
Lancaster, and has an office in London, where some
one conducts his business, and who appealed to
be the attorney in the action, and the prisoner, George
Warden, thel, plaintiff. The action was brought under
the 30th section of the 9th and 10th Viet, for the re-
covery of a penalty of £5O for practising as an attorney
in the county court. At first he treated it as a idle
threat, but subsequently a declaration was filed. He then
communicated with Mr Isaacs, of this town as to
Warden's knowledge of the action, and the information
transmitted to Mr. Stoee brought him to Lancaster, on
the 23d of January last, and on his arrival, about five
o'clock in the evening, he at once proceeded to the
office of Mr. Issues, who, at his request, sent one of
his clerks, Win. Backhouse, for Wearden. In about
twenty minutes they arrived, having stopped at the
Sun Inn, to have a glass of spirits each. On confronting
each other, Mr. Stone said, " Is your name George
Warden ?" He replied, "It is," Mr. Stone then asked
him, " Are you aware that there is an action commenced
against me by Mr. Swan, of Lancoster, in your name ?"
and he replied, " Ni, I know nothing about any such
action, and never heard of it before." Mr. Stone asked,
Are you quite sure that you never told Mr. Swan, or Mr.
Homer, his clerk, to bring an action against me as high
bailiff of the Liverpool County Court ?" To which he
replied, "I am quite sure I know nothing about it. I never
told them to bring any such action, and they have never
spoken to me about it." Upon being asked if he remembered
signing any paper for Mr, Swan or Mr. Homer, ,about the
month of August last, with respect to an action against Mr.
Stone, he replied, "I never did sign any paper respecting
any action against you for them." Mr. Stone then asked
if he was willing to make an affidavit of the st itement he
had just made, and he replied in the affirmative. Mr. Stone
then drew a draft of the affidavit, which was engrossed by
one of the clerks in the employ of Mr. Isaacs, and the
prisoner signed it George We trden. The affi !avit haviu g
the name George Warden in the heading, the prisoner's
attention was called to it, and he said, "My name is
W.arden," A fresh affidavit was engrossed, signed
and was sworn to before Mr. Ellithorn, a commissioner in
the Court of gicen's Bench, the same having been previously
read over to Wcarden dearly and distinctly by 11. Jeekson,
clerk to Mr. 'lsaacs. The prisoner was perfectly sober,
and-capable of knowing what he was doing. The -affidavit
was to the effect, "I know Swan and Homer, his clerk,
but I never authorised them or either of them to commence
the action against Mr. Stone." Upon that affidavit an
application was made to a judge in chambers to stay the
action, but about two minutes before going into court, to
the astonishment of all concerned, there arrived another
affi lava, signed by the prisoner, and swore on the 31st
January, herore Mr. Thompson, also a commissioner in the
Court of Queen's Bench, and it was to the effect : "Oa
the evening of the 23rd Jtnuary, I was met by William
Deckhouse, who took me to the Sun Inn, and intro-
duced me to a man whom I believe to be George Stone,
who asked me a variety of questions. I hal been to
Preston that day, and had hid a deal of drink, and if I
said or signed anything that I was not the plaintiff
in the action Warden v Stone, it was an error." The
signature of the prisoner to this document was George
Warden. Upon this affidavit the present proceedings
were foueded, and it transpired that it had been sent
to Mr. Thompson'e from Mr. Swan's office by Mr.
Thompson's clerk, with the message that Warden
would call shortly. Warden did call, and as the document
was not signed, Mr. Thompson read it over to him ; he
appeared to understand it perfectly, and he signed it. He
was perfectly sober, or Mr. Thomp on would not have
administered the oath. In order to give a e°lour and
pretence to this affidavit, it was attempted to be elucidated
in the cross examination of William Bickhowe, by Mr.
Homer, that when he (Backhouse) and Warden were in the
Sun Inn, there was a person there, a Mr. Berresford,
an insolvent debtor, who greatly resembled Mr. Stone
but Mr. Backhouse could not be brought to acknowledge
any resemblance either in figure or height. Mr.
Sterne emphatically denied ever seeing the prisoner either
at the Sun Inn or any ether inn, or in any other place,
except the office of Mr. Isaacs. These were the principal
features of the case, the hearing of which occupied the court
nearly four hours, but a deal of time was taken in the legal
proof of the various documents. Mr. Stone was subjeoted
to a rigid cross-examination, which occupied a considerable
time. After the evidence had been fully gone through, the
usual caution was given to the prisoner, who declined
saying anything. Mr. Homer commenced an address on
behalf. of the prisoner, but upon an intimation from the
bench that they had decided it must go to a jury, he reserved
his defence. The prisoner was committed, but bail for his
appearance was taken, himself in £5O, and two sureties
n £35 each.—Lancaster Guardian.

SELF DEFENCE FOR STUDENTS.—A recent police case at
the Gaild,hell takes,us, back to the days when City appren-
tices were prohibited from carrying weapons of defence,
though to be in the streets after nightfall usually involved
being knocked down and generally maltreated. In those
good old times, however, the " garrotte" was as yet un-
known, and the " vacuus viator" with a swift pair of heels
had a chance of escape. The modern footpad, having
advanced wide the improving age, and attained a dexterity
in choking that a Thug might envy, has lately adapted
his garotte attainments to the semi-strangulation of
passengers in the streets of London. As the cheerful
episodes usually occur during the absence of a policeman,
belated and nervous pedestrians are wont to protect them-
selves agaiast such attacks by carrying some weapon of
defence. An unfortunate medical student of St. Bartholo-
mew's, so provided, was recently annoyed in the streel:s by
some drunken beings, and, after being grossly insulted by
them, knocked down one of his opponents with the weapon
he had in his hand. For this he was summoned at the
police court, where a respectable witness testified to the
co rectness of the above de'ails, and the extreme grossness
of the assault. Alderman Cubitt, who sat in judgment on
the occasion, after stating that the defendant was little
to blame in the matter, inflicted a fine, on the ground
that he bad no business to have such a weapon as a
life preserver in his possession. It therefore appears that
the medical student is judicially considered unworthy even
of the privilege of the old Flat-caps, who might
carry a bludgeon for self-defence. His life (of a certain
value to him) is to be offered for experimental purposes to
the grasp of any garotter desirous of keeping his hand
in. Without wishing to impugn the wisdom of the
presiding alderman, we rather doubt whether the judgment
would have been the same if, instead of a medical student,
the defendant had been a city magnate, who, retiring house
from a mansion house dinner, armed with a life preserver
for self defence, and " Bacchi plenus, pinquisque ferince,"
should have pot valiantly resented a street attack by knocking
down his assailant,—The Lancet,