The British Press; or, Morning Literary Advertiser.
London, England, 1819-10-30 00:00:00

OLD BAILEY. OCTODCR 29.

Before the RacoaDza, at Nine o'Cluck.
William Prior and Wm. Trother were convicted
of r•tr atinK n quantity of lead fixed to a certain
hoStcling, the property of the Cosinteo It Grey
kad LorckGrantham.
Bkre the itiooss, at Ten o'Cluck.
7'honeat Loft was arraigned on the verdict of the
Cornuer's inry for the wit fol murder of Anis Jack-
bon. He pleaded Not Guilty.
It was understood that the bill+ opium this Pri-
111011tf were thrown out by the Grand Jury,
The first trial taken wan the following, before
)4,. MUCK) WOOD :

tONYICTION OF JOHN HOLMESBY FOR THE
MURDER OF HIS WIFE.
114/neihy w,is indicted for the wilfull mur-
der of .ten Holmeshy. hi. wife, on the .28tli Sept.
in the p vi.h of St. John, II ickney, by striking her
with en axe upon the head, of which *mind she
•
died. 'The niifortsviate Pii-nner was a mild-iook-
-stitt decently-tii•eow,l )oilog nt.nu, mid behnveil
hirn-
t!.:4l self at the hie with great comrisure. Ile %kook
isaela with 'nine friends whom he recognized in
front of the 'lot k.
• Mr. Wit FORD opened the pleadings.
A 1.1.17.1( stated the care for the Prosecution,
itt.l detailed the nature of the evidence he had to
adduce agairisothe unfortunate Pri.oiler, exactly as
it mot given in the following evidence :
• The brstiitoie.4 was Esther Surrey. who gave
her evidence as follows :—I am a siegle
now residing at the work-house at Ilunnertou. lu
September lest I lodged in the mine house with the
reimiser ; it was his wife's father's house. In the
latter end of that month, I believe the ego, on
Tuesday, Prisoner and his wife went nut together
about three o'clock in the day.--[The Prisoner here
reclaimed, is Please you, my Lord, that's false.")
"I did not see tirem *gait' until they returned about
half-past gig o'clock in the evening. but I do not
know whether they rime in both together or not.
I Awl Low them nt the stile talking before the
olormieith another man, where they staid about a
tplatto of an Floor before they entered the house,
hot the men did not conic in; his name was John
Lawrence, and the Prisoner was very jealous of him,
for he afterwards said he had ought him that even-
ing with his wife ; he se .d this when be Caine in
done. arid when lie had some words with the de-
r Posed, whom he culled a w--, and charged with
briv• wills this men; she replied he was a
law. He then asked her to go to bed, she said
" Yes." They both then went into the bed-
m together as I thought tie go to real. They
feli both undres•ed and went to Fled. At rhea
t 'ne the deceased's little brother and sister were
ie the house in bed : their father, who was is
w,etchmin, was out. I wri Ili the act of going to
iw,l nith thr children, who slept in the adjoining
ti•••,n. Prisoner soon after came nut flout his wife's
re-in ions ours. and sat himself down on the bed
is re the children were. lie said to me, " Are you
keno,. to bed?" My reply was. " I believe I shall."
Ile then went back to his wife's room, and in a
"tootle or two returned. and sat again upon our
bed undres.etl, when I asked him whether lie wish-
ed to sleep with the children. His wife, who was
in the next room, and who could overhear him, then
"I'll get up." He went back a second time
to his wife's room, and then I heard a blow, as I
rhooght, from the sound, as if from his fist. I im-
mediately got tip and went to the door, and the little
, boy in the bed I had just quitted, roared out "Dlur-
d.•r !" When I got to the door the Prisoner came
wilt' from Itis wife's room. bearing an axe in hit
and raid, if the boy roared out murder again
lie would murder him ; he then returned into his
IMd-roten, still carrying the axe; while lie was
Poire at that time I lieerd the deceased halloo out
very faitltlY," Lord have mere,' upon me !" I think
the said this shout three times. The Prisoner then
came out into the room, and said he had done fur
leer, and should be hung. He then asked the little
boy (the deceased's brother) for his father's money,
aid the b-y said he did not know where it was. The
Primer, then took a chisel, opened the father's
bus, and took away the money; after that he asked
toe for a pen and ink, with which he wrote two
votes, the sniper of which he tore out of the baker's
Look. iVlien lie did this, be brought the axe, and
held it up to me. and said, that if we ever spoke a
eruct we should be dead, Ile then said lie must go
14,11. and that lie would go by the back door and
Inter:, adding, if lie heard us speak a word, he would
come bock and do for us. I gave an alarm as soon
as I could, at Mr. Coition's, over the way, the
Crooked Billet. It was a moon-shining night.
Cross-esurnined by Mr. CußwuoD.—l am no
relation to the deceased, but was a Mere lodger in
tile house. They went out together on the eeth of
Septendwr, whether they continued together. or
slut, 1 don't know, but the first I saw of them after,
was in the evening, when I sew them talking with
siroilier man, near a spot where there was a cow.
Louse. .-Ctilrjudge from the tone. that an angry
couversation was passing between them. and I over-
heard Monter taxing his wife with liaviug caught
I er in a certain situation with the man (Lawrence,)
iu that cow•linum. His words were—" I have
caught you in the fact." This was outside the door,
Bed the conversation was continued angrily after
they entered the house. into which he shoved
Ler in an angry mariner. After she bad gone into
Lcr rota. lie came out of it two or three times, ants
ler seemed to he very uneasy. I overheard her say to
the Prwouer that she wits carried into the cow-house
Its Lawrence; the Prisoner replied. if she would
awesr a rape against the men lie would take him
up to Worship-street; she replied she would not
do it. I did not.hear her my she loved his little
tioger better than her husband'', whole body, nor
that she would ger up and go to Lewrence.
Re-e.rossined.---The wmiimn did say whets he
accused her of beitig a w--, that he was a liar.
Thomas Sole. a bey about twelve years of age,
the brother of the deceased, corroborated the last
witneses testimony respecting his being in his own
bed-roan au the twins% is (petition. Ile went to
bed about a quarter of as hour slier the deceased
(his-sister) and the Prisoner came home. The bey
described the amicable eisisner in which they
west oat that morning. and then reverted to
their jarring at night. by which lie was awoke.—
He first recollected the Prisoner's saying to the
deceased, after he (witness) awoke, " Don't you
go out to make may pith yourself;" oa which

li. -

the last witness said; No. she won't." He theft
asked her to go to bed in the same manner as Was
stated by the first witness. 'They then undreried,
and, as witness ripposr4l. went to bell ; but the
Prisoner soon came out of his room into wit iiess'a, and
went as if searching ►nnod the ri,olll.lollkintr 'into
every place, as witness thought, for the use, which
1w at length fotsiid in the cupboard under the stairs,
where his father had put it after cut tin 4 some wood
the same night. The deceased at this time rolled
out and risked him if he was not coining to bell ;
he refitted, no, for he was going ter ►lrep with the
children. She then said she would get op; lie
called out, '' No, no, don't get up, VII color to
bed to yutt." He then went into and nit room his
wife'• room two or three titnes. Witness ► after.
worth overheard something. as if Pro; ttttttt had hit
the deceased very hard twice: witness then gut up.
mot liallou'd nut as Murder !" hr PM to the door,
5114$ suer the Pr isniser with the axe lifted over his own
shieolder. as if he was g gto hit her mots, lint
lie Own raffle over to witness, stud. "
yOllll4 rascal, if vou call cut murder azain
I'll serve you the swine." Ile then came into the
loom where "tittles. slept, and s:iid, " 1 have frr
her," adding to Mrs. Stirrer and w if they
offered to stir or move he'd serve them the smut-.
Prisoner then returned into his wife's room, mid ptit
on his istorikiNs, breeches, and waistcoat ; lie tenor
out again, and said to witness, " Tom, where'',
your father's money." %% mess replied, " fur
God's hake don't take father's money, for lie hit
got to psy it nw•tv." Prisoner replied. that if they
offered to stir or move, he would serve them the
sante. Ile then sat down on witnesses bed, Dad
fetched his father's t-ox, where he kept his hi -0,
and nails, and tools ; he took a chisel out of it, with
which lie broke (pet, his father's box. and took a
I/. note out of it, and something else which with
Ill'ag coup l not see. He afterwards pot on 1114
jacket and shoes, ■nd went out ht• the hark door,
threatening them not to dare to stir after lie went.
as lie menet to stop itnd listen, and if he heard
Them more would be the death of them. Soon
after, witness followed Mrs. Surrey into the Hest
house, and gave the alarm. Ills sister's name was
Ann. snit site married the Prisoner. who was a
bricklayer's labourer, three years ago.
Cross examined by Mr. Noßrom..—They were
very good friends th4t day before they we•t,t not,
at two or three o'clock that afternoon, soul lie
kissed her. His fr►tb.r examioaniun was merely
a repetition of his direct evidence of whit occurred
at night, with the adtlition, that the Prisoner tsp.
towed agitated, and charged her with having been
with soother snail, and she was SC0111111; with the
Prisoiter fer attempting to take from her her
pockets, which she said contained money not of
his, but of her father's.

Robert Fiereon, a constable, recollected the
alum of mutter on the night in question ; hr re-
paired with Mr. COIIIIOII. a neighbour, to the house.
where he found near the done inside, two puddles of
blood, end on tingling In. eye lw saw the deceased
lying on her back is the bed. quite dead ; on
the right side of the lied there efa4 a great dent of
blood quite congealed. Fie then prod.wed a large
axe, which lie found in the chilriren's bed-room; it
W:l4 full of blood on the back part when he found it,
which was thick and heavy ; there was no blood on
the sharp edge of the axe.
The boy Sole proved this to he his father's axe,
which was in the clipboard under the stairs.
William Bailey, a surgeon, saw the deceased; she
hail a wound out the kick of the bead. and others ors
the forehead and temple; that on the back part
must have been inflicted with a blunt instrument,
and those in front b) some sharp Otte, like a knife
of some kind. There wounds lie had Ho doubt or-
crannied her death—the jaw way fractured in two
places. The hack blow might have been inflicted
by the axe now in Court, but certainly not the front
ones, they were more of the nature of stabs; the jaw
might have been broken by the axe; either the back
or front wounds alight ocea.ion instant death.
George Ruttiven, the officer to whom the Pri-
soner was delivered into custody at Sandwich, in
Kent, stated that on their rogd into town, the Pri-
soner told hint, that aunt? time previous to the goal
Sept. his wife went out for water and staid a lung
time, aid suspected she was with a mail ii, the cow-
house. On the •2811) lie caught this num and woman
in the fact in this same cow-house, and the man
escaped from hint. She said she was forced
there by the ntin„ and Prisoner their told her
if she would prows-lite him he would forgive
her, but she refused and said she loved his little
finger better than his (her whole
lie told her to be Imaged. Prisoner then described
to him the continuance of the altercation slier
they went 111,111 e. Mild adulated his then having
killed her with the axe, lie added, that after the
first blow, she either sant " Oh, you knave !" or
" Oh, you rogue," lie did not know whirh. TM*
was the clec latation made by Prtsouer *llea he bad
• him in custody.
- -

Here the .case for the Prosecution was closed,
and the Prisoner. whet) collia upon fir hip &fever.
spoke as follows, in a very tremulous tone
" Ito the Monday. the day before, L saw my wife,
who went out to get r pail of water. and was gone a
long time ; on her return I chastised her for being
out, knowing she had been doingwrung; the follow-
ing day she said she was going out, and suspecting
her to be going to act improperly, and L followed
her to the cow-house, near which I sew her with
this John Lawrence, and on her return, whets I
accused her of it, she said. " I may be d---41."
and she vvonld do as she liked. The following day
I told her 1 wanted to buy e pair of shoes, and ask-
ed hie to recommit', me ; sbe refused, and went
off by herself half an hour before. I sought her for
some time, mid at length met her near Bishops-
gate ; she at first refused to go with me, hat 'dui.
mately consented. and soon after left me, and when I
came home she refused to tell me where she had
been ; I was very angry. and we had words all the time
of ter. I told her I had not money r tttttt gh to get
shoes. and she wanted the to ge to Church-st►err,
Newington. where she said I might get them; I
went theme rad found neither shop nor shoes. On
my return 1 found her again from home, and tried
fur her in the coach-yard, where she sometimes
went to the men, but she wee net there. I then
went to the cow-house. where I heard her ►reach.
ing. He then minutely described the wirratien in
which ice found his wife with Lawrence sou the eye-

fling of the Sikh September, her entreaties to be

• r "1. s
forgiven. because the Men forced hrr in; he dated
his offer to prosecute the moo, her refusal, and de-
claration that she loved that tunti'll finger better than
hit (the hwthatort) whole hotly. Ile then admitted
his having had a continued tllterottion with her in the
and his Ist ing at length provoked and
in
the height of lwr abuse of him, and threats to go out
t'Keill to the man whom she loved. and 0140 lier
imprecatious that she would he the tielith of him
or herself he then struck I,er once, twice, or thrice
with the axe which he picked up in the room. and
alter having dime so he drew lwr head towards litin,
and kisiteti her sayiri---" You were once My comfort ;
1 11.1 yr now been pine death, and yotli my deny, will
be the demti of me." Ile znlmittrd 1.14 11.14.11.4 taken
the pound from his father-in-law's box, and ths e•I
eflPll thus in the house not to stir. 11 is only
fence. I-P.4rd nib the great provocation lie had rectivLd
from n wom,in whom he tenderly loved.
A 'mother of witnesses were then called, w!,o
Kate the Pri-nii--r am excellent character.
Alr. Baum Wow/ summed up the evidence to the
Jury, rind remarked, that had the Privoiser com-
mitted the act of which he stood chanted, at the
timmesit lie caught another man in adultery witlsliis
wile, then the last•had hoinairely provided a penis.
limo fur his crime. but here the act was deliberately
committed at a subsequent period. when the Poi"
siting had time to cool. and rierefore the Prisoner
had th-etititled himself to the benefit he might
otherwise hare had in the rye of the law.
'roe i''•, idler six minutes deliberation. found
the Prisoner and the Itecutder immediately
pronolitc.eti upon Lout, 'n the must solemn manner,
the awful sentence of the law, which was, that he
be N1,111(I:or next.
The Prisoner lore his fate with the utmost COM.
rostire, :51111 re,ired from the bar in the act of coolly
wiping tl.e dust from the top of his hat.
The Court was at as curly hour crowded. parti-
cularly with L:uiita.

Thomas Left was then put to the bor. charged
%with the tvilful murder Ann Jackson. by indict-
nig on her a mortal wound with a knife in the
abdomen, of %%iste;t she died.

Mr. A I.LLY u.ttlrevsed the Jury for the proveetv•
Clot', and said thi4 cave differed tu•terirlly from the
last, in ll* 1111101 as the Grand Jury hod thrown out
the h• 11, :Ind the Prisoner was only detaiord now
on toe verdict of the Coronet's inquest, It was
however his ditty to vtate the fixtv of the cave to
tita Jury, :as• they *rte divciosed h-fore the Co-
lones.. The Learned Judge would toy whether
they were ►uch would Su far attach to the Pri•
sower. In a 1114 utter that c•ou'd justify his Luc &hip
in vittferno, the cave to go • July for Mot, or the
July in a t•hiroz to hear the whole of the cave.
Ile then protrested to tlrtaill the facts of the cave,
no they Iroye been aire•dy g;vett in our repot of the
ca,e svnett Iter the Coroner.

It appeared that the deceased hod been a servant
to Mr. Price. 411 orrick-broker, mailing near Char..
into-crozio, tit.. an the lot September her young
mi.irro• was ahtrweil by hearing groans iosue Awn
11w kiielien. On going down stairs she saw the de-
ceased in the greatest agony, with a knife sticking
in her abdomen. •Asurgerrnortas sent for, and it
appeared that tlw wiond inflicted. by this knife was
sleep, and had penetrated the abdomen. She was
taken to the Hoapilislo where she died from the
effects of this wound on the 6th. inc Prisooer Lail
in tie torsos time been apprehended, in conoequence
of his intimacy with the deceased, who it appeared
had told different stories of the wanner in which
she recei‘eol the wound, though MI every occiioiou
she ess,,,,ireit the Piisusier from being the parson
who wounded her. There was no proof to Lring
the charge against the Prisoner, nor any evidence to
sliew that he was with the deceased at the time she
received the injury. Under these circumstances,
the Le-timed Counsel said it was for the Learned
Judge to say whether, according to the forms of
it Wag for Iti•tt to enter upon a case, which, as
Cannot.' for the PrOSUCtiti.)ii, lie felt hint-elf at the
outset unable to sustain.

Mr. Justice PARK addressed the Jury and said.
that from the statement from the Counsel for the
Prosecution, it iv is clear no CAW could lie made out
against the Prisuner to sustain the indictment.
The Jury i 111 l uediately acquitted the Prisoner.
BANK PROSECUTIONS.
Dm. ingruhull, Edteurd /fund, John Buller
Newsom, George iVilkinson, Ilonnuk Green, Wm,
Junes, John Green, 'Montag Dubbins, Daniel
Bing:, John Titherton, and John Webster, were
severally arraigned, sod pleaded Guihy to the
minor offence of having forged notes in their pos-
session. Tiieir pleas were recorded. and the I'6-
*oilers are liable to 14 year* t ratsportaliwi.
Itiehard Jenninzr, John Ilnrsison, Nary Ann
Cross, 1 humus ill•Dermilt, James Stubbs, and
John Bailey, pleaded Ayr Geary to the minor as
well u capital offence. Their Walls were fired fur
Monday, uu the capital charge.