The British Press; or, Morning Literary Advertiser.
London, England, 1826-01-14 00:00:00

.NSOINENT DEBTORS' COURT, FBIDAr, JAY. 13

Several in.olvents. whose petitions were now opposed, wens
brought up this day and discharged. The cues were of no public

OLD BAILEY SESSIONS, Fatiuy, JaN.l3.

MURDER,
Mary Cabs, aged 44, stood indicted for the wilful murder of
Maurice Fitzgerald, on the 26th of December, by wounding hint
with a chap instrument on the left breast, in consequence of what%
he died. She was also charged, on the Coroner's Ingnen,
like offence.
The unfortunate woman came into Court with a child, about two
years old. In her arms.
MI. BRODERICK stated the case for the prosecution.
Mary Casey examined—On the 26th of December tat I wen
coming into my house—the prisoner and her husband were appa-
rently going into their own house. They were quarrelling and
beating one another. I went to bed. I heard the prisoner say so'
Fitzgerald, " What brought you to my place ; ('U let you know
you have got no business in toy place.' I got out of my bed, and
looked out of the window. ;ly husband would not let me go dam
stairs. I saw the body of a man on a shutter: Cain and three
others were can ying it away. I went down, and followed the men .
with the body for a short time, and then returned to the prisoner.
I said to her, " What a pity to murder the poor man." She an-
swered, " If there's a KM betireen me and my husband, what's
that to you. What right have tno here ?"
By the LORD Corte BARON—The dingingt of the abort*
was present when I spoke to her.
Hannah Lucan examined—f heard a quarrel between bits.
Cain and her husband, about eight o'clock on the evening of the
26th December. I was standing at the window which looks one
into the yard. I could see distinctly by the gee light, which le
clone to my window. There was no light in Cain's yard- Cain's
gate was shut, but I could see ova it. I saw Marta Fitignobi
in the yard with Cain, his wife and daughter. The prisoner said
to the deceased, +` Maurice Fitzgerald, you vagabond, ill la rya
know you have no business in my place." 1 saw the peleoneett the
time she said so ; she got hold of Fitzgerald, whom 1 saw between
the prisoner and her daughter, and no sooner did they get' bold of
hint than he fell. Somebody screeched °tit " Murder I" sew
no more. I afterwards saw the body taken away on a door oe
shutter. I then saw the prisoner come out and shut the yard door.
Next morning I saw her wash the stones.
The prisoner here aid something in a low tone, which was quite
inaudible.
By the Loan Crime. Banort—l saw the husband stand at the
yard gate when Fitzgerald was standing between the primate mat
her daughter. Fitzgerald was standing still.
Bridget Riley exantined—l lodge at the same house as the pd.
soner. Fitzgerald was sitting with me on the evening of the d6ih,
about three quarters of an hone. I heard Mrs. Cain and her hen:
band quarrelling ; I was going down but Fitzgerald prevented me,
and went down himself to pacify them. In about five mama
after Margaret Cain, the daughter, called to one to go down that
the man was killed; on going down I caw Fitzgerald sitting on
the threshold, and the daughter holding his head. I saw a noon*
on Fitzgerald's left breast, and the daughter stopping the. blood;
he was speechless at the time. There was a great dal 'M blood;
I claimed my hands and exclaimed, " Who killed the
hand No
answer was returned; I told the daughter to keep heyto the
wound, and I would run over for the doctor I did not see the
prironer then; I went for the doctor to Hatton-ganien.- Oa
my return I saw Fitzgerald on the shutter ; he was ducat than.'
The doctor was with me, and said, on looking at the body, " that
it was of no use, as the man was dead." I then went borne, be;
did not see the prisoner then. When Fitzgerald went down hie
was as sober as I am. I afterwards saw hie body at the Caracas's
inquest.
By the LORD CHIEF BARON—When- Fitozereld and I Mai+
up stairs, tile noise below resembled that of lighting; they wee.
quarrelling.
Samuel Caiger, patrol—l went to Ilom's.tronet in comesquebte.
of a noise; I saw Fitzeetald, ('aid, at.d the prisoner and sato
others. The prisoner was near the yard gate, it appeared to as. Ott
was trying to get to her !weaned. The daughter ands itzgaski.
appeared to be pulling Cain into the house. The rito had a:
slender table-knife In her hand, wilt the blade upwards. Shir
oushed against them as if wishing to go to her husband. The her.
band was standing inside. Somebody eried—" Here's the yawls.
man," on which they went into the hones and shut the gate, which
was about seven or eight feet high. After the door was shat
heard a female's voice exclaim—" D—o you, I'll stab yott."
ins; heard the prisoner's voice afterwards I think it was he, ban X.
will not be positive. I went away then, .payihg no further aquas
don to it, supposing it to be au Irish quarrel. That was oot Irty,
heat. In about a quarter of ah hour or twenty minutes aftererin4
I awe a man brought on a shutter. On going to the miaow*
house I found her lying in bed, having all her clothes on except k
shoes. I took her to the watchhouse. She did not appear re bee
very sober. I observed the atones near the door look as if theyiki
pot
been trashed. 1 went to the house next day and searched it.
knife (a black-bandied common kitchen-knife), I suppose to Wilma
one she had in her hand. There were three knives found.
Mary Cabman examined—l
-
house; lie reared out that be wi
down at the door, while attempting
body taken away an a shutter,
and heard the Woman in the t
prisoner ray to the woman. in a
your soul, do you think we killed
what the woman said to this, but th
brougtit him there ? That's coming
John Cartwright, a bey twelve
lows r—Between eight and nir
prisoner's gate, when I saw ;
against the pig-sty, about thr,
house. The daughter was along
his breast. He said—" Oh, I'm de.
she was tryinto atop the blood--she
the house, the mother came
the daughternot to take-him in
he was standing up straight, ant
when he fell OR bb knees and sus
band Rileyhis 'preset. and the
fc Ri to come down. 'll'
that said that Fltzgeral
and dose I stopped till tire
day Were putting the body on the 1111
at her ove door bUdag the light—,
home to bed.
By the' Loup Cult, Est°.
had • knife itt his hand, the daughter
to Mts. Riley. When several paw—
aid that the &anted had • kr
Patrick Riley, &Soy II Tests
weber called out teliw to coos
in hue arms. I tudriuty Isabel
=Felt smudge lip um I"
itstbe Ws—aby did'
Mr. Iltiplisslatiusell the •

re were Cline imoics mum..
saw Fitzgerald at the duor of At/
was murdered ; as he spoke he lea.
piing, to go to the gate. I saw the 1
ter. I then went tato the Yard,. .1'
e Lae-pair crying. I heard tbar
,n answer to soutething, "
lied the man?" I could not await P
but the prisoner again said, " Whiz
Luring to the 1
relve yeses of age, deposed is folow
ins o clock I heard a noise it 14.
Cain at the gate, and Fitzgerald.
three yards from tie door of thy.
long with him, haring i:er hatgl
l'in dead.' It appeared to me, that;
rd—site was trying o tape anti'
out' from under the shed, and tol.N
n there. When I firat saw Fitrgerdit
,nd walking slowly towards the dote,'
sunk down. The daughter had ono
other on I.i. head—she called out to.
Ire. Riley hallooed out—.“ Murder !"'
itrgerald lizd a knife in his hand aid)
:11 the body was triter away. Whet.
the shutter the ri,..nner was standlag:
light—she acid netting. I thru webtr
ori—NYhon the prisoner mid that
hp
tatteiter ilia nothing—only called our,
I persons cone aftetwards the dotaghlep,
tnife in his hand.
ars old—On the n;glit in qtbestion er.
une to her..—The tinsoner had a chll4.
Luber say to Mts. Cain, " You sillait s'
n r The prisoner answered, " Wbes-
litt he not stay in his Win place P"
surgeon-4 tzamined the dame,.
•
.. •

He bad a lime wound on the left breast, about the region of the
heart. II only probed it with my anger the man wan dead. On t
opening him afterward,' 1 hove no doubt that his death was ores. I
planed by the wound, which cut one of the arteries through. That
knife would have recalioned such a wound.
Wainwright, the officer, searched the house and found the
'knife*. an elready described.
Margyet Cain, the daughter, wan then called.
The UOVID Come Denote told her that she was not to say any
thlhig which might imeheate herself, but that she must speak the
troth respecting every thing else.
The 'runes% then said that she knew nothing of the affair, not
teen present at the time. She heard a row. and came nut, when
she eaw Fitegevald standing by the shed. She called nut " :Murder !"
and hoses. Riley came down. Her mother was then standing iit the
door, with a child in her arms. She had nothing in her hand.
Annette *existed Fitegersl4l, who fell down. Hsr mother said,
" Don't bring here." IS'itneas held hint till several men tame and
loa him sway nn a shutter. f ) •
ere other witnesses were then called, without being examined,
an the yristeter was asked if she had any questions to put to them
which' roigat be favourable to herself, but she answered—" No ;"
thaet_she hail no friend in the world.
The prisoner being called on for her defence, put in a writteu
Tf^ff•
ere Lon° CHIEF BAIIOS asked her if she could read ? to
1•10e,b he aesstred that she could not—that the paper had been
ennuis for her, but that it had not been read.
/41%! Alone then told Mr. Wonteer to !eke the wiper and read
it al twly to the prisoner outside, so that she might understand its
ei "gnats.
He Wontnee, on hie return, said that the prinnner wished the
peter to be r:.ol. Its purport was, that in consequence of her own
reneger and that of her friends, she wan unable to avail herself et
the arakoisnee of Counsel on her trial, but she trusted to the toe,
dual eolfelleretion and impartial justice of the Coin and Jury.
On the evening in question she had the child in her arm.,
and had gene out to get some pepper and onions for he:
haiband's supper. She had only drank two glasses of gin,
It 'being leixing.,lay, and also the tretival of Saint Steehen,
bet Inhabited wished to go out, and she endeavoured to pre.
• eft him. Whethet the deceased was there at the time she could
vat
.. . ,Ign for about sixteen treinthe ago she received an injury on
her held which deprived her of reason. There was a quarrel, hut
villa wise dune she did not know, for all was confusion, mat site
newer meant to take the life of a human being. She was without
trie.nds, bet threw hersell'oe the compassion of the Court.
Witneests were called to chnracter, but none appeared—the
prisoner observing dint it was of no use to call them, as so many
were Areayed against her.
The Lorin Cliif.T BARON. in charging the Jury, °beetled
that lit was very material to dis•iitguish between a premedinned
crime of this lee t, and one in which there was no malice afore-
Homed. If their hal hien no malice the crime would not amount
to pumice. His Lordship then read over the evidence, coin.
setelitinee on it as he proceeded, and leaving the Jury to draw their
own conclusions. whether there was malice, or whether the het
was not done under the impulse of the moment. lie concluded
by imploring the Jar, to weigh well the evidence, and to give the
prieener the benefit of any doubt.
The Jury retired for about 20 minutes, and then returned a Ter.
dies of fbaby
:she Reconnett then paned sentence of death on the unfortu-
nate women, whit stood weeping bitterly at the bar. She was or-
deed the execution on Monday next, and that her body be delivered
to the surgeons for dissect ion.
- - - - - -

Joseph flolplan, noretd Iraller and Esther Ilfarr, stood charged
with reveling five sere of harass, the property et James Thurso.
The proaecuttw, a backneymen, stated that he lived in Smith-
amptemeiews, Ltuton-square, and that on the morning of the 13th
of December he was alarmed on his people coming to work, who
Teel him that they had found the yard gates open; and on going
le the larneweroom he found the door open, and live sets of bar.
/Mk rite saddle, and four bridles stolen, amounting in value to
about twenty pound?,
John Alderton, an eceompllee, admitted an evidence for the
crown, Mated that he knew Waller and Dolphin, two of the pet.
rola A short time before the robbery, IVsller asked witness if he
knew any stable-keeper, and he replied be did—Alr. Thurston, of
kieuthemptmasews ; that Waller asked where the harness wes kept
at Mr. Thurston's' ant! he (witness) told him that it was not locked
itp.Aut undone of.the theroum was either buttoned or latched. Smith (a
person in the indictment, but who had nut been taken) planned
the rubbery, but not in the misonet's hearing. Smith directed the
whisper tole over to the sign of the Benbow, in Gulden-lane, and
fekrd 'ew a man cf the name of " Long Harry." which he did,
weer. /3 dphiti tame up and said. 4, Long Barry" is not here, but
I Abel& .lo as well, and that Dolphin and the female prisoner who
was with him retuned with witness to Barbican; that Dolphin asked
elk rentals. p mower for some wares (keys), a dark lantern, and a
phosphate is tx ; she refused, saying shc dare not give them with.
c the roman of " Long Harry:. that Dolphin replied. " they
are mine and I must hare them:" and she at length consented;
t en. Men proceeded to the Brock H re-, where Smith was waiting.
A nein of the name of Shea (also in -be indietnitnt, but not apple.
11..11144) procured a It rse and cart fo• the removal of the property,
end ?hey all met in Euston-square, between one and two o clock on
the looming of Me robbery, and proceeded to Mr. Thurston's, and
rot being able to force the luck of the gate, Smith and witness got
ewer a esti adjoining, and opened the gate, when Dolphin came in.
sn'tth reocatird to the harness-rnani, and having opened the door,
headed ;he harness to Dolphin, and witreee and they put it into the
nap; they then went back to the stables from whence the cart had
1-ten obtained at St. Luke's, where their motions laving excited
ti..e suspicions of same watchmen, an alarm was given, and witness
was taken, upon which he confessed the robbery, and gave infanta-
-1!•)c as to the prisoners.
Cieria.examined by Ale. CAinIXOTON—Did not give the acme
vetoes betas the Mie•earete at the first examination, when he
iris "(Indeed a evidence as he did afterwards
Jeeeeh Choke, the landlord of the Mack Ilene, Barbican (the
bathe at which the robbery wee planned), proved the presence-of
the ha:. witnind and Wallu at his house on Saturday, the 10th
a' December.
Ter. Hasdborough of St. Luke's proved the confession of Alder.
son, the accomplice, and us to his finding a dirk lantern and two
Pienefitetus boxes fa die seine peace with eke barna&
Several witnesses prow: the presence of the two male prisoners
on the premises where the property was found, on the morning in
vestice.
John Serener, a labourer, said he lived at the Black Horse, Bar.
biros), and that on the night stated by Alderton (the accomplice
sal reence-m lie. Aileron, and the prisoners, were at that house.
No such .persons were present at the time he was in the room.
The rely evidence against the female was that of Alderton.
Mr. Justice PARR said that she was indicted as an accessary
Wore the fact, and the law required that proof should be afforded
of," aiding, cantenancing, aed demanding." That could not be
aid to he the (me with regard to her, fur she bad at first refused,

and at lentrth only reluctaroly consented to supply the things Te-
quire]. by Dolphin. mat therefore he would direct her to be removed
frotn the bar. .

The prisoners denied that they ever saw Alderton until they were
apprehended.
.11r. Justice Panx charged the Jury, and dwelt upon the extreme
quails' with which the evidence of an accomplice ought at all times
sa be rewired. In this case, he said, he considered there was no
Annum to doubt the accuracy of such evider.ce, as the only point
no there wait any doubt thrown upon it, was EA to the para..
Ilotkr dine at which they were at the public.housy. As to the
fox of Alderten and Waller bating been there, as stated by the
lamer. the fact was clear, from the evidence of the landlord of the
Mask Boras. The la.ttned Judge then went through the evi-
*room t and the Jury foldid a verdict of " Guilty of stealing to the
value of *hose forty shillings."

{Rehire the ItZCORDER and a London Jury.l
4111kion Simmendo, *iced eleven yearn. was indicted tor stm.ling
ei*eket-book, one stuverage,and some silver, front the person of
Plweee citullintr. The prosecutrix stilted that she was in fish-
Istigue.strem on the With December, when there wee a stoppage in
Ore stroet. There was a rush of pentane, and suddenly she missed
her pocket-book. A pereon cause up to witness, and told her that
the poCket.book was in the pmesession of an officer, who bed also the
pprtsooer In custody. The pocket-book was taken from her hand.
beeltet it was one that she had had for many years.
A police.ntficer observed the etoppage in the &tree% and saw the
prisoner anti another boy running away down Artillery-lane; he
tailoyted them, and having got up with the prisoner, lie took the
pocket.bvolr f;em under hi Jacket. Prisoner told witness that the
pneket.book had been given him to cony.
The prisoner, in has defence, said it had been given to him by
the other boy to carry.
• The Jury found the prisoner Guilty. and the RZCORDER ITTI.
iatlyr sentenced him to meat vests' transpoetation. When. the
was removed from the liar, the RECOIRDER. addressing
the Jury, said that it appeared from s question which he had just
put to 'he officer, that the' boy had been often seen in bad com-
Tory. and therefore his present conviction. he (the Recorder) could
•wet but consider as a moat fortunate circumstance lira him. Prom
Ale tender years, be would be seat on board a prison-ship, where he
'would Iv brought up to some useful business, and very possibly
rniteht become a valuable member of society; whereas had an at-
4gli;ta: taken place, he would have returned in all human probe-
loll/ to his old habits, and have ended his days more ignorni-
.gieetsly than he hoped would now be the case.
/wile peso, aged 40, was indicted (er steeling in the dwelling.
brine onl,Velter 11'Dowall, 190Ibe. of type. value 161.
Air. iVniter 11`Dowell, jun. printer. and partner with his father,
riled thst the prisoner was a compovitor in their service for about
two :needle, from September to November last. He was engaged in
meupostee the pages of several law books. It was the duty of the
(opium/to to is_p:ste the Irten in the boxes after the mut were
awoken Isi Eden and Vt,ung's Tithe Ones there were four
matte eklsttere used. .In Freeman's Reports two sorts were used.
While the prisoner was in stifle/tiea eeevire, he missed three pages
iY44e eft asp for .Irehiliold's liiiK s Eertch Practice. educe
Arinl in the coarse of priming, and alio there was a great desciet4

wine oth, r rez,peek
Newts sn.ined by th.: priPoner—TAP house h:s two stair-cases.
'There are Aye appreni,ris ; two indoor evil three out. Houlihan.
.ftse oeetsetw anti cocap)simr, timid last upon the premises. Austin
• the name of the f.under at the type, which was charged to hare
baen.isolen. life. Austin futatishes typc to other printers.. Had
to ft 4,113 to inspect prisunto's honas'y while he was In his ens.
ploy. The tats in which the type is rootained it not prosecutor's
property. It would be a difficult thing merry away a hundred
• earn Sat Oltr!, bet it sight be taken away in smaller ooantities.
• Priser.er was out fully employed, because he &i;-toted tarnself,
',when .be uouths base worked. ,Prosecutor t-tok wo arprektices
‘natriberlitin. but pot on a sharp of Met:.
esaorati—Primonar mask his own charge tor the work done,

. •

4. a

in his bill, he expressed the name of tic paricular work on which
he had been employed.
William Jeffreys deposed that he is a printer. and that the
Priaorox hrooght the type which is produced in Court, and offered
it to him for sale, and he bought it. The tyre ass pnt together
when he bought it. Does not know the work of which it had
formed a part. Witness bought some on the 17th and 20th Dee.—
two parcel* contairiing about 0,4110 letters of Beerier and lairg
Primer. Witness lived at da, liackfinv•rond. The weight of the
type to which he had /MOM was about 16 lbs.
Cross.exaniined by Prisoner—Prisoner had produced to him a
sample of other type, of which h: had bought some.
Reexamined—Prisoner told witness that he had a quantity of
type for s de which be had bought under an execution, and with
the idea of going into business on his own account. De had known
the prisoner four years, during which period he (the prisoner) had
been twice in 'business on his own sections. Witnesa gave Is. a
pound for the brevier, and 7d. a pound for the ling primer.
The Police officer proved tal:ing the prisoner into custody at
Taylor's printingsoffiee, in the Old Bailey.
:111r. Al•Dowall wa.s recalled to identify the type sold to Jeffrey's
as that stolen from him ; had no doubt that it was the same ; it
composed a part of that of Eden and Young's Tithe Cases. No
one else printed that part of the work but witness. Another parcel
was that of Freeman's Reports' which he proved also.by comparing
it with the work, to have been hi* property. The first part of the
type now produred is that *lnch printed the sheet, 41s, in Eden
and Young's Reports, and for which work the prisoner charged in
his bill. . . .

Prowler. in his defence, said that he stood in a melancholy ai.
tuatiomfor want of legal assistance. Ills prosecutors deemed him
guilty. but he (the prisoner) thought they had failed in the proof.
The pensceuttars had done every thing to ruin an unhappy man. It
belittled shim to state to the Jury that his prosecutors felt them.
selves a I tds weak in their proof, or they would not have dune what
they hrtl.llWhen taken ir,tn custody lie was rentlyless, end offered
to slate to the prosecutera how he became possesstil of toe type, but
they would not hear him. Ile said that one of his prosecutor' went
to his trite, and °tiered to raise a sum to ittahle him to conduct his
defence, and wrote to his friends for the purpose, but from the way
in which the representation was made as to ilia char;:cter ca Icing
was obtained, and theretine hoped the Jury would trot be prejodiecd
against him because he was obliged to conduct Ma own defence,
seeing that he could not obtain money to tee Counsel. If he had
stolen the type in question he must hare taken it at the rate of
dolbs. weight per day. Ile concluded by saving that he was en-
tirely innocent of the charge which would one i!ax appear.
The RECORDER charged the Jury, and they Mural the prisoner
Gullly.
The trial was not over until a quarter to 11 o'clock at night.