Northern Times.
Liverpool, Merseyside, England, 1857-12-10 00:00:00

LANCASHIRE WINTER ASSIZES.

WEDNESDAY.
BEFORE MR JUSTICE WIGHTMAN.
His Lordship entered the court, precisely at nine
o'clock, when the Court proceeded with the trial of

THE CHARGE OF MURDER AT WOOLTON,
In this case, Andrew O'Brien, aged 36, a publican,
having two extensive spirit vaults in Liverpool, the one in
Milton-street, and the o her in Hanover-street, was charged
with the murder of Ellen Molyneux, his wife's mother, at
Wootton, on the Ist of November last. The case excited
a more than usual amount of interest, the prisoner being
well known in Liverpool, and during its protracted hearing,
the court was densely crowded by a number of reapectab'e
persons, who evinced great interest in the result. The
prisoner appeared exceedingly dejected, and at time s
wept severely, and evidently felt the painful position
in which he was placed. Mr. o:ens, with
whom was Mr. Scott, appeared for the prose-
cution, and Mr. Monck, Q C., with whom was Mr.
Aspinall, appeared for the prisoner. The prisoner, on
bring arraigned, pleaded not guilty. Mr. Ovens in open-
ing, said : The case which I shall hive to lay before you,
is one which, from the grave nature of the crime, and the
line of defence which will be taken for the prisoner, will
require, and, I am sure, will receive, your mature and
entire attention. The prisoner at the bar is charged with
the wilful murder of Ellen Molyneux, who lived at a place
called Much-Woolton. Mrs. Molyneux was the widow of
Richard Molyneux, who carried on his business on acme
premises in Milton-street. Be was a cow-keeper, and a
seller of milk. He died in the year 1832, leaving his
property in Milton-street to trustees, for the benefit of his
wife. during the time that she remained unmarried, but at
her death the property was to be divided, and shared
amongst the !env children. I should have told you that
there were two children, George and Mary, by Richard
Molyneux, and two, James and Elizabeth, by a former
husband. The son George is since dead After the
death of her husband, the deceased carried on the trade,
until the early part of the present year. The prisoner had
also live'', and carried on business at the corner of the
same street, and an intimacy sprang up, and the result
was that the prisoner married the daughter of the de-
ceased Mr. Molyneux. They continued so until the
March of the present year, when the deceased let her
premises at the rental of £2B per annum; and went to
live at Woolton. Woolton is six miles on the South East
side of Liverpool. She went to lodge with a person named
Moss, and the prisoner was in the habit of going to see
her there occasionally, and to sleep in the houee, he on
the bed, and the deceased on the sofa. We will now come
to the 30,h of October. On that day, in the course of the
afternoon, the prisoner and his wife visited the deceased.
The wife remained there all that and the next day, up to
the Saturday nigh*, when she left for her home, the prisoner
continuing there. Up to that time, although the prisoner
had been drinking, and was then suffering from its effects,
he ha 1 romaine 1 all right. and all was well and quiet, up to
the Sunday afternoon. The learned Counsel then went on
to detail all the circumstances that took place, after that
time, whica will be found fully narrated in the evidence
adduced on the trial, by the several witnesses
examined, and concluded by observing that in this
case, there will be only two questions for you to
decide. The first —was it the hand of the prisoner
that caused the death of the deceased— of that he thought
there could be no doubt; but the next, and most important
question, would be—was the prisoner, at the time he com-
mitted the act, in such a state of mind as to render him
responsible for his acts. On that point, every person is
presumed to be in his senses until a jury had satisfied
themselves, by the evidence, that he was not so, and,
after citing Justice Willes's definition as to what sanity
was, said, in conclusion, if it is proved to your satisfaction
thee the prisoner was in a sta'e of mind to render
him responsible for his actions, it will be your duty to
find him guilty, but if it was not so, an'! they thought that,
at the time he committed the act, that he was not respon-
sible for what he did, then they would arrive at a different
conclusion, and acquit him cf the charge with which he
then stood charged. Wha ever your verdict is, it was
quite certain that it would give satis'actien to the
court, and to the public. The following wit-
nesses ware then called for the prosecution :
John Moss, of Woolton : The decease! lodged in la's
house. On Friday, the 30th of Oct., the prisoner came
to my house. I was at home, but did not see him, nor
did I see him the next day. On Sunday I saw him first.
I kept at home, and all was quiet. On Sunday morning I
heard a sound coming from the deceased's room. It was
the7noise of a person praying. I went up to the roam,
and the prisoner was praying. The deceased came up
and shouted to my wife. She called twice. I asked her
what she wanted. "I want to know if I may go into
Ellen's room, because the praying of Mr. O'Brien so loud
annoys me." She afterwards said, "As he has taken
to praying. I am gled." On that morning the deceased got
acme whiskey for the prisoner. The prayer was out or a
book, called "St Joseph." The prisoner prayed for an
hour, at least. In consequence of that praying, about
eleven o'clock I went across the road for a person called
Thomas Atherton. He came with me to the corner of the
house. The praying was still going on. It was so loud
that we could hear it in the street. There are two outside
windows in that street. The one fronts the road, and
the other the garden. It is on the middle fl,or.
I went for the priest, Mr. Kershaw, at the request
of the deceased. This was before I heard any praying
at all. After I had seen Atherton, I spoke to the deceased
about the prisoner going home to Liverpool. I went out
of the house about half-past two o'clock, accompanied by
my wife and her sister. The deceased and the prisoner
were left in the house. The street door was fastened, but
any person might get in by a sharp push from the street.
Cross-examined : My house is in the village, and is one
of a number of houses built together, and faces the street
There was one of the rooms occupied by the deceased, one
window of which looked into the street, and the other was
by the side. The entrance to the house is fr me the street.
At the time of church service there are many persons
passing. The deceased had lived with me since the 4th of
May. I had no knowledge of her or the prisoner before
that time. I was not at all alarmed by the demeanour of
the deceased on that morning, nor was lon that day. I
told Atherton that I had heard that the prisoner had been
in the asylum, and was rather violent at times, and asked
him if he would give me assistance if he should become
rough. Re-examined : I recollect the priest leaving about
half-past twelve o'clock, when the praying was over. When
I left the house in the afternoon all was quiet
Mrs. Moss, Ihe wife of the last witness, stated: I recollect
the deceased, who lived in the upper room of my house.
The prisoner used to Come sometimes to see her. He has
remained all night. The decea=ei had only one room,
which she occupied as a sleeping room and a bed room.
When the prisoner stopped ail night he slept in the bed,
and the deceased on a sofa The deceased was ab ut 69
years of age, She was a very strong person. I recollect
the 30th of October. On that day the prisoner and hie
wife carne to the house on a visit to the deceased. It was
about half-past seven at night.. The prisoner was then
quite drunk. hay both stopped all that night. The wife
remained until four o'clock on the Saturday afternoon. I
saw the prisoner in bad just before his wife left, and lees was
then very quiet. I did not see the prisoner again until the
Sun lay. About nine o'clock on that morning the- deceased
came down and asked for some milk, and after that I gave
her about half a gill of whiskey. The deceased, on that
morning, went to chapel, and I saw her repeatedly after
that. I beard the prisoner praying, Lord, have mercy
on tie Jesus, have mercy on us I" This he repeatedly
said. I saw the priest at the house with the prisoner, but
he did not remain there more than fire minutes. After that
deceased came down and cooked her dinner In the afternoon
I left the house with my husband, but before doing s) I
heard some knocking, and I called to her that I was
going eut, and the deceased replied " Very well." I
asked the deceased if she use going out before we returned.
She said " No." We took the key cf the doer, as she said
she would take him home by the six o'clock cmnibue. I
staked her how the prisoner was then. She replied "He is
very quiet and comfortable ; he is eitting in the two arm-
chairs." I did not see the deceased after that. Cross-
examined : The prisoner frequently visited the deceased.
On the Sunday morning she appeared to be much put
about, particularly so after the prisoner had been praying
so loudly and so violently. Thomas Atherton stated : On
the morning of the day in question, the witness Moss
called me, and I went to the corner of no house and heard
a person praying very loudly, saying : ." The Lord Jesus
save me —the Lord sly° me," and then repeated the
Lord's Prayer. Cross examined : This was quite loud. I
told Moss that when he had a man effected as the prisoner
was he should give notice to the police. About a qn.attar
past three in the afternoon I saw the head and arm of the
deceased out of the window of the room where I had
previously heard the
.praying. The deceased was very
steady. Mrs. Kay state ! : On the Sunday afternoon I
left my house for the purpose of going to chapel. I
had to pass Moss's halve. When I got there
I heard several loud screams from the house
The words I heard were, "Oh dear !" "Oh
dear I' The sound came from the deceased's room.
made a stop, and heard the wrestling of two feet, and as if
a person's head was knocked on the boards. I stopped
only for a few momeu !e, and called at the next cottage
(Walker's), and told them what I heard. I then went on
to chapel. Lucy Gore, the sister-in-law to the deceased,
said : The deceased was 66 years of age. I recollect the
Sunday in question. I went to. Moss's house about three
o'clock on that afternoon. The doors were all closed. I
tried to open them, but could not get in. At the back-

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door I heard a voice as if a person was going up stairs. It
was the sound of a heavy footstep, going up two or three
stairs at a time. I afterwards heard a noise as if some
person was stamping on the floor. I then went to the
window, which was open to the top, and called, as loud as
I could, " Mrs. Molyneux," but did not receive any
answer. I then went away, and told my husband. Cross-
examined : I have seen the prisoner several times. I have
never seen him violent and excited. Margaret Collins
examined : About three o'clock in the afternoon she went
to Walker's door, which is next door to Moss's. There
were some persons then inside Moss's house. I heard
something like somebody knocking ; it was more
like a thumping. I then went to the house under the
deceased's Kind iw, out of which I saw a head and arm
hanging over the window cell. She appeared to be dead.
After I had told Atherton, I returned and saw the prisoner
draw the body from the window. Ralph Ashton cor-
roborated the statement made by the last witness, as to
seeing the body of the deceased by the window. Charles
Kershaw : I was the Catholic priest at Woolton on the
Sunday in question. In consequence of a mes age I went
to see the prisoner shortly after twelve o'clock. I was
with him from five to ten minutes. When I went into the
roo n I patted the prisoner on the shoulder, and expressed
a hope that he would do better in future, sled encouraged
bin to do so. I do not recollect who spoke first. The
deceased was in the room. There was no reason
assigned for my being sent for. I found the deceased
kneeling in the room. with the fora hart of his
body on the bed. There was a book on the
bed before him; He rose, and seemed very much flurried.
I think I asked him what was the cause of his getting
drunk ? His reply was, to the best of my recollection,
" Company." I encouraged him to do better, and Ido
not recollect that he made any further observations. The
deceased said that he had been very good and quiet all
that snoinirg. He appeared, as I have seen men, as though
he was recovering from a drunken fit. After that, I went
to the door of the house. It was about half-past three
o'clock. There were a number of persons about the door.
The door was forced open by me. I and Gore were the
first that went in, and went up stairs. I saw at the head
of the stairs what might be termed a pool of blood, an i I
passed on into the room. I saw the body of the deceased
partially hanging out of the window, covered with blood.
The prisoner was standing over her in a leaning posture,
with his hand on her breast. The prisoner said, "I have
done it." Mr. Gore, after that, said, " Oh, Mr
O'Bren, what have you done ?" and the prisoner repeated
the words, " I have done it." The prisoner did
not utter another word, but I observed that he appeared
very calm to what he had been in the morning, a calmness
that appeared almost preternatural. I put my hand on
his shoulder. Cross-examined: The prisoner appeared as
if he had been labouring under drink, the effihts of which
were going off. He was not in a fit state to receive con-
solation. I do not think that my presence would have
had the effect of quieting the prisoner in mind, although
the presence of the priest may have had that effect on toe
minds of some Irish Roman Catholics. William Gore,
the brother to the deceased, wont to the house with the
last witness, and fully corroborated the evidence given by
the last witness, as to the appearance of the house, and
the exclamation of the prisoner—" I have done it."
Cross-examined : The deceased and the prisoner seemed
to be very fond of each other. Ho used, when iu a state
of excitemenago and stay with her. By his Lordship : The
prisoner did not appear in his right mind after the murder.
He appeared caluaand did not take any notice of any body.
Re-examined.: He appeared, when I went into the room, as
if he was playing with the deceased's head. She was quite
dead. Inspector Green recollected the Sunday in question.
I went to the house soon after the door was broken open.
I saw the prisoner. I heard him say, " I did it." He
seemed quite calm, and was raising himself from the body.
I did not see anything in the prisoner to induce me to
believe that he was not in a sans state of mind. I took
him to the Station-house. Mr. Cross, the surgeon, was
present. I asked him his name, and he said " O'Brien "
I then asked him if he knew what he was taken for.
"He replied, for the murder of Mrs. Molyneux." No
more passed at that time. I then went to the house,
leaving the prisoner in charge of a constable, and on the
body of deceased was found a key, which opened a drawer,
in which was an I. 0. U., signed by the prisoner. After
that I visited the prisoner in his cell, with Mr. Cross,
and received instructions to remove him from the posi-
tion in which he was siting. When we went up to
him he sprang up in a threatening attitude to Mr. Cross,
when the handceffs were font for; but Mr. Cross, before
they were put on, said, " O'Brien, will you be quiet ?" and ;
he replied " Yes, I will." I spoke to him several times
while he was in custody, and he always gave me rational
anserers When he was before the magistrates he appeared
to be very vio'ent. He put questions to the witnesses, and
they were all to the point. Cross-examined : Mr. Lawrence
is the magistrate's clerk, and he instructs the prosecution.
I and Superintendent Fowler have got up the evidence,
and we heard that the prisoner had been in a luna'ic ward
at the workhouse. Superintendent Fowler: On Sunday I
went to the police station. The prisoner was in custody.
He was sitting on the cell bed, with his head hanging back
He was in his shirt sleeves, and his stockings were bloody.
I asked him if he would like to have a pair of clean stock-
ings, and he replied yes, and they were sent for. I after
that searched the house, and in a drawer I found the bank
book, and inside of it I found an ' I 0 U." There
were also some deeds in the drawer. On the
table I found a book ; it was open. Mr.
Cross, a surgeon, went to the house shortly after
three o'clock on the day of the murder, and found the body
of the deceased, which bore marks of violence on the head
that caused cencussion of the brain, marks on the neck
from strangulation, and the windpipe broken. These
injuries would cause death. I then went to the prisoner
in the police-office, I asked him, if he knew where he was
Ile said, Yes, in prison." I asked him if he knew what it
was for. He said, "Yes, for murder." I then said, how
canoe you to do it. He replied, " I did it so," moving his
hand, as if striking a person on the neck. I said, it is a
bad business, He said the hand of Gml was upon me,
; and I could not restrain myself. He then appeared to rue
as if he had been drinking. I did not observe any appear-
ance of insanity about him, nor of delirium tremens. He
did not talk incoherently, nor did he appear bodily to have
been affected by it. About eight o'clock in the evening
I saw the prisoner again. There was another en geon
present. I spoke to him, but he did not give me
any answer. I saw him again about eleven o'clock,
and again on the lionday morning, when ha was
soleldeg. When before the magistrates he was ex-
ceedingly violent, and wrung his hands. Had
he (witness) seen that, and that alone, he should
have thought him mad. He also said, "The doctors will be
able to show that I am not in my right senses " He asked
the doctor if he was in his right senses when he did it, and
the doctor replied, " You were conscious of what was pass-
ing around you." Cross-examined: I have been in prac-
tice for twelve or thirteen years. At one time my impres-
sion was that the prisoner was insane. From what I have
seen and from what I have heard of tiso prisoner, I am of
the opinion that, when he came before the magistrates, he
was sane, and knew how to regulate his conduct. This
witness was examined at considerable length, the result of
which—as well as his answers were heard, and could be
understood—was to the effect that he should be better
able to judge of the sanity of the prisoner if he had heard
his previous history, and, therefore, could not give
an opinion no further than as to ' what he had
seen of him in gaol or before the magistrates.
Re; exsmined : His conduct with the body appeared to him
to be a sample of sanity, but he was not well versed in
that practice. Mr. Rigg, a surgeon :On the Sunday in
question, I .sow the prisoner in the cell, and amain on the
following morning. He then examined him minutely,
when he appeared to be asleep, but afterwards began to
sob. Ho had seen hi n twice subsequently to that time. I
never saw him before the deed was committed. Mr. J. D.
Clay ton, governor of Rainhill, saw the prisoner on the 17th
of November, but did not see anything in his actions to
denote insanity. Charles Kelly, of the North Dispensary,
was next called On the 2nd of August last, I visited the
Main Bridewell, and there saw the prisoner. He had
made an attempt upon his life. He appeared to be suffer-
kg
from symptoms of delirium tremens. But in this
case was caused by drink. He was not violent. There
was no symptoms of insanity. I recommended his removal
to the Tempory Lunacy Wards in the Workhouse.
It was not safe for Ei'm to be at large, for
homself or the public. Another medical witness
was called, hut as neither his name or what ho stated
could be heard in the Reporters' Gallery, we are unable to
give even the substance of his eviheuce, beyond that he
explained the difference between delirium tremens and
delirium furore. He was also tuiderstood to give some
account of the prisoner at the lime ho was in the work-
house, from the 2nd to the sth of August. During which
time he was most violent and threatened to take his own
life, but when he was overpowered he became quiet, but
soon after broke out again. Cross-examine 1: I have not
the slightest doubt but that at the time he was under my
care, he was in sn unsound state of mind. On one
occasion he behaved the same by locking up at the
ceiling, as he had done when in the Bridewell, after
he had been apprehended on the charge of murder.
On that occasion he bit a piece out of his arm under
the impression that he had been starved to death.
George Clarke, connected with the Liverpool Workhouse :
Recollect the prisoner being there in August last. He
was very much excited. He was put into a violent cell,
when all his clothes except his shirt, was taken from him
He was suffering from delirium tremens.--George Park
an assistant medical officer, was at the workhouse at the

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same time, arid his opinion was that the prisoner was
suffering from severe mental affliction' brought on through
drink. He go: better, and was discharged.—Cross-
, examined : He bit his arm, and sucked the blood, and
I asked for some water to mix with it.—The Warder of
Kirkdale Gaol : I have seen the prisoner frequently since
he has been confined there. The I 0 U" produced is
in his handwriting. It was dated "Sept. 30, 1850," and
s'gned by the prisoner, to the deceased. Several
other witnesses were called, to prove the legality
of the will, and other documents found on the premises.—
This concluded the evidence for the prosecution. Mr.
Mouck then, on behalf of the prisoner, submitted that the
I prosecution had failed to make out the case of murder, and,
therefore, the case remained as one of insanity. His
Lordship expressed it as his opinion that the case, being
one of such magnitude, should proceed, and go to the
i jury. Mr. Monek then addressed the jury, and in doing
so said that his Lordship having intimated it as his opinion
that their opinion should be taken in this serious matter,
he feared that it would be his duty to detain them for a
Imuch longer period than he otherwise should have done,
as it would, of necessity, become his duty to call a number
of witnesses to prove the fact which he thought had already
' been brought out sufficiently clear by th evidence that
had been adduced. The fact that they would have to
decide was, was the prisoner, at the time he committed
the act—fhr he would not deny, for a moment, that it was
he who did it—in a sound state of mind, and to that point
he would pr due: evidoece iii :eseenso He would not
oesupy much of their time by detailing the circumstances,
but would confine himself to the sole point in the inquiry.
The prosecution charged the prison©r with having felo-
niously, wilfully, and with malice aforethought, killed and
murdered the deceased. He denied that there was any
pro, f of malice, nor was there the slightest proof of any
motive for the committal of such an offence, beyond the
absurd proposition as to the I 0 U, which he was per-
fectly iu a position to liquidate, if it even had been
demanded. Having commented upon the evidence at some
length, contending that it went all to show that the prisoner
was not in a soun state of mind at the time of the offence,
and having powerfully and forcibly addressed" the jury,
concluded by calling the following witnesses, for the
purpose of proving his case. Mr. Jelin Cooper, a surgeon,
said: I have known the prisoner for three/ years, when he
first consulted me, and have frequently seed him since.
[This witness, like the rest of the medical men called upon
this, and almost all other trials, gave his evidence in such
a low tone of voice, in such a slovenly and disjointed style,
that it was quite impossible to hear or understand its
effect.] The prisoner was troubled with some local disease,
that effected his mental powers, but he had never heard that
he was addicted to habits of intemperance. Mr. Callow,
surgeon : I have known the prisoner since the 7th of Juno
last, when I:feaw him professionally. He was suffering
from violent excitement, complaining of his head, and
that he should go out of his mind. Ho complained of
havingisudden " rushes " to his head, and the horrors. I
ordered him to be watched, and on the following morning
I was told he had tried to get out of the window. In a
few days after, I saw him again—about the 30th of July—
when he was in the same state. On the fourth day after
that, he attempted to commit suicide. The next day I
saw him at the Workhouse Lunatic Asylum, naked, and
more excited than ever. When I went in, he recognised
me, and asked me to liberate him. The next day he was
calmed down, and on the following day lie directed my
attention to his arm, and said that his idea was that ha
had been taken prisoner of war and was about to be
starved to death, and was determined to have something
in his stomach. The last time I saw him, his mind
appeared quite off its balance. Ho had, previous to that,
advised his wife to send him to a lunatic asylum. Cross-
examined . I liana not taken any steps to see the solicitor
for the prosecution. I thought that drink had led to the pri-
soner's state. I believe he was of unsound mind at the time.
Charles Mill :. Had been for many years the medical
attendant of the prisoner. He had complained of pain in
his head, and expressed a fear that he should go out of his
mind. At this time I had prohibited him from taking
drink. He had since then at different times seen him
labouring under excitement and great delusions. George
Hetherington, another surgeon, also spoke to the prisoner
having exhibited symptoms of insanity for an hour on one
occasion. John Henry Dove, a surgeon also spoke to
some complaint having been made on the 3rd of Sept.,
which was perfectly unfounded, and at that time he was
perfectly sober. Thomas Scatter, the brother-in law to
the prisoner, and manager of one of his places of business :
Ho recollected the prisoner coming into the room with a
jug, which he carried in a vary curious way. He then
appeared insane, but was not in drink, nor had he been so
for some days. The prisoner always complained of his
head. On the Friday before this matter happened, he saw
the prisoner at his house, and he then expressed a wish to
go into the country, and his wife took him away that
night. Sometimes he was crying, and sometimes he was
dancing. Cross-examined : I cannot say that the prisoner
was in the hebit of taking drink. I never, for four or
five years, saw him drunk. Martin Leahy, a policeman
(No. 4): In Sept. last, was on duty near the:prisoner's house,
when he heard a noise, and the prisoner came out of the
house, partially dressed and partially undressed, and
kneeled down at the corner of Hanover-street, and prayed
that they might not take him away. Robert Kelly had
known the prisoner for some years ; and had been often
sent for to take care of him, as he appeared to be in a
state of madness. He once sail that the room was in a
state of flames, but it was not. Mr. Lunt had seen the
prisoner when he appeared to be out of his mind, and then
it was that the deceased appeared to have great command
over him. He (the prisoner) was not at that time in his
proper senses. Davis, a watcher at the lunatic ward at the
workhouse, saw the prisoner looking at the wall of the
cell. He also saw him bite his arm, and chew it, and
drink the blood. When he was discharged he said he did
not feel free from the attack yet, This concluded the
evidence brought forward for the defence. Mr. Ovens
then replied on the part of the prosecution. He said ho
should not detain them with any lengthy remarks on the
evidence that had been adduced for the defence, as he
had no doubt but that that would be much boner done
than he could do it. He then briefly said that from that
evidence it was clear that the prisoner had been addicted
to drinking habits, for all his symptoms showed it. He
then roviewe 1 the evidence that had been adduced for the
prosecution, pointing out all its most prominent features,
particularly that of the witnesses Moss and the Catholic
priest, from which they must gather that until Moss left at
half-past two o'clock all was quiet, but at a quarter of an
hour after, it would seem that, when all had left, and the
deceased and the prisoner were left alone, then the attack
was maife.and it would ho for the jury to say whether that
was a sane or an insane act. He then referred to the
conduct of the prisoner after the violence had been com-
mitted, and contended that all the calmness exhibited
by the prisoner, indicate I that he was in a sane state.
Hence his pertinent remarks while in gaol; for he tells
the police officer what he is there for, having previously
said the "He did it." He thought it exceedingly strange
that the fit of insanity should have come on after the
Mogi's had left the house, and again before the magis-
trates for a time, but when he had the privilege of putting
questions to the witnesses, he availed himself of it, and
then put those which were the most pertinent to the matter,
as he had said," The Rev. Mr. Kershaw will be able to say
that I was insane when I did it." The learned
counsel then, h eying as he said, performed
his duty, left it to the jury, whom he was
sure would do theirs, under the able directions of
his Lordship, to say whether the prisoner at the time he
committed this act, was itr a sound state of mind or not,
and would give their verdict accordingly. His Lordship,
in charging the jury, observed that there could not be a
doubt that the prisoner at the bar had committed the
crime with which ho stood charged, that if they believed
that at the time he committed the deed, he was a rational
being, responsible for his act,they could do no less than find
him guilty of wilful murder. The question then for them
to consider was, whether oe not at the time he committed
the ace he was in such a state of mind as to be incapable
of distinguishing right from wrong, or of appreciating, or
understanding the nature, character, and consequences of
his act. In reference to the plea of insanity, resulting from
intemperance, hie Lordship ebserved,that although intoxi-
cation was never allowed as an excuse for the commission
of crime, yet, if a man had reduced his mind by habits of
intoxication to such a state that he was permanently ince-
nehle of exercising any reasonable understanding, ha
should then be regarded a 3 an irresponsible agent. The
jury retired to consider their verdict at half past five p.m.
They returned at a qua• ter to six p.m., and delivered
a verdict of " Not guilty, on account of insanity.'
The verdict was received with applause, which was cheeks
with some dvfficulty. The prisoner, who seemed very
weary and excited, p-dnfully pressing his hands near his
heart, was then removed. He will be detained ii a lunatic
asylum during the remainder of his life.

The Independence says, in its opening line, " European
politics are in a dead calm."

The deaths in London last woelt were extraordinarily
large, the weather huiog
,been highly unfavourable to
health.

PRoarEcrs or Tim SA.T.ItON.—A very great deal of fish
are observed on the sowning beds A the Tweed at pre-
sent, and thelief prevails that the Oenefits of the recent
legislative chaufge in the protectorate of the river are being
practically malised. The breeding ponds constructed by
the Duke of Roxburgh° on his estate are not in operation
and arc already falling into deca,•, though costing a large
sum. of money.

At LEWIS & COMPANY'S, Ranelagh-3treet.
LOTS are CLOTHED from theAgee of Six to Trrnty Year

POLICE INTELLIGENCE-YESTERDAY.

LIVERPOOL.
BEFORE MR, MANSFIELD.

A BIT OF Fisn —A fellow named Thomas McVey,
with a face like a bull-dog, was charged by Mrs. Eliza
White, the keeper of an eating house in Park-lane, under
the following circumstances She said the prisoner was in
the habit of coming to her shop and annoying her. He
was also in the habit of getting victu ds, and when he
refreshed himself he would walk off and laugh at her
Some time ago he assaulted her, when she asked him for
payment. The previous night he called and demanded
some fish, which she refused to servo him with, but he
doclarad he would be very quiet, and that he would pay
like a " trooper." She gave him some fried flukes, bread,
and other nice things which he dispatched in quick time,
and then was walking away; the reminded him of his
" promise to pay," but he repudiated the notion, telling her
all cash payments were, at p csent suspended. She did not
place any confidence in this statement and pressed him for
the " tin," but instead of payment, he rushed out and
pushed her down on his way ; he was followed and arrested.
In reply to the charge the prisoner, in the most audacious
manner, said ho paid for his " bit of fish," but his worship
not believing the story, sent him to jail for one month,
with hard labour.

PADDY F&G AN'S GAMBOLS.—A well dressed, stout look-
ing man, with a head of hair like quills upon the fitful
porcupine, who gave the name of Paddy Fegan, was
charged with having broken four squares of glass in the
public-house of Miss Edwards, Parliament-street. Police-
officer 139 said the prisoner was drunk, and was put out
of the house, when he turned on the windows, and smashed
four squares of glass, value Hs. Miss Edwards said the
prisoner was in the habit of calling at the house when he
was tipsy, and had a great propensity to breaking things.
She did not, however, wish to have him punished for his
last gambol. The prisoner said he would pay the amount
of the damages, and the lady being satisfied with the
promise of Mr. Fegan, he was discharged.
A COUNTY COURT BAILIFF " WIIACIIRD:i—Mary Con-
nor was charged with having assaulted a County Court
bai iff, named James Campey, in Blundell-street. Mr.
Cobb defended her. The case was this :—The bailiff hg.d
a warrant for the distress of certain property, belonging to
a certain party, in a certain house, in 'Blundell-street.
It seemed, that some days ago, the woman sold the
furniture and other things to another woman. On
Tuesday, the bailiff went to execute the warrant, when he
was shown the bill of sale ; the owner of the house hal
been confined on Sunday, and the prisoner was in
attendance on her, and when the man proceeded to
remove the goods, she prevented him, and a squabble
ensuing, she gave him, what he called, "a good licking."
Mr. Cobb, however, produced a witness, who swore that
the bailiff struck the woman first, and that she,
therefore, stood on the defensive. The complainant
admitted to Mr. Cobb that he shed tears like rain. His
Worship discharged the prisoner.
SUSPICIOUS.—Officer Riley,. No. 91, broaght up Ellen and
Mary Edwards, mother and daughter, residents of Cress-
hall-street, on a charge of having six new shawls, value
about £2 10s, in their possession, and for which they
could not acc)nnt. The daughter is not inure then nine
years of aye. The officer said he heard that stolen pro-
perty was in the house—which is a receptacle for 3tolen
property—and on going ,here, he found five of the shawls
concealed on the old woman, aed one on the child. They
would not say how they got the property. He lad not
tune, as yet, to inquire about the articles. The p isonefs
were remanded for a week.