The Sun.
London, England, 1855-01-04 00:00:00

wore.

Mr. Straight, the clerk of the arraigns, having read
the indictment charging the prisoner with the murder of
Charles Collard, the one first proceeded with,
Mr. Bodkin rose and briefly stated the case to the
jury, and in so doing, told them that although the charge
was one of the most serious known to the law, it did not
poses any of those features of complexity which gene-
rally arise where the evidence was of a circumstantial
character.

Charlotte Bennett, examined by Mr. Clark—l was
servant to the late Mr. Moore. Ho lived at 73, War-
ren-street, Fitzroy-square. He was at home upon the
night of the Bth of December. The only person in the
house with 'him besides myself was his grandson. About
half-past Bin the evening the prisoner, whom I knew
from having come to repair the engine, and a woman
came. Prisoner asked to see my master. I showed
them into the back room upon the ground floor, where
master was sitting. About 10 minutes afterwards I
heard a noise in the parlour, and came down stairs, and
as I was upon the stairs I saw the prisoner coming out
of the room, followed by the woman and then my mas
ter. I ran past them and got to the front door. The
prisoner I then saw had a pistol in his hand. He was
close to my master. I ran out into the street. There
is an iron gate outside of the street. I heard the report
of a pistol. There was a mob at the iron gate. The
prisoner came out of the street door, and instantly went
in again, bolting the door after him. Amongst the mob
at the iron gate wag the deceased man Charles Collard,
who keeps a green-grocer's shop next door. I asked
him to run round into the New•road to the back of my
master's house, as I thought the prisoner would escape.
About an hour afterwards I was let into the house by
the police, and then saw my master lying dead in the
passage.
Cross-examined by Mr. Collier—I had seen the pri-
soner twice at the house to repair the soda-water engine,
but never until that night saw prisoner speak to my
master. The noise which I heard was that of some one
scuffling. My master had his hand upon the prisoner
when I first saw them coming out of the door into the
passage ; but whether pushing or pulling him I cannot
say. I had a light in my hand at the time.
Reexamined by Mr. Bodkin—l could not distinguish
the features of the female because of the thick veil she
wore. When I first attempted to open the street door
the prisoner put his hand over my mouth. Instantly
After he turned round and the pistol was fired. His face
was towards Mr. Moore at the time. The witness here
described the position in which she saw the -pistol
pointed. She held her hand about breast high, and in
a manner so as to give a pistol, if she had been pointing
one, an upward aim in the direction of a person's head.
Richard Checkely sworn—l am inspector of the E
Division. I knew the deceased man Collard. He had
been in the police force. About 10 o'clock upon the
night of the Bth of December I was fetched to the Uni-
versity College Hospital. I there saw Collard in bed.
The surgeon told me he was dying. He made a state-
ment, which I took dawn in writing ; it was to the effect
that the prisoner had shot him when he (Collard) bad
attempted his capture in the New-road. Upon the fol-
lowing day the prisoner was brought to the hospital, and
the statement which had been taken down upon the pre-
vious night read over. Collard was very weak, but
quite sensible. He said, "That is quite correct," and,
looking at prisoner, said, " That is the man who shot
me," and addei, " Oh, you cruel man." The prisoner
made no remark.

The evidence of Mr. Rielmerk and Mr. Erichson, the
surgeons of the Hospital, proved death to hare resulted
from a pistol bullet, which had passed through the
bowels and rested close to the spine, from whence it was
extracted by an incision being made through the skin to
it. Deceased lived about 24 hours after his admission
into the hospital.

The statement of the dying man was then put in and
read.

William Ikaglestone, Waterman to the Hackney Coach-
stand in the New-road, proved hearing the cry of " mur-
der" and " police," and saw the man Collar 1 running
from the Tottenham-court-road end of the New-road.
Witness ran towards him and at that moment the pri
soner fell from the railings at the back of Mr. Collard's
house. Witness and Collard both la,d hold of prisoner
at the same time. Collard said, " For God's sake take
care, or he will shoot some one." Almost immediately
the pistel which prisoner had in his hand went off, and
Collard said, " Good God ! I am shot," and fell. Pri-
soner instantly struck witness a blow upon the head
with the pistol and broke away. Witness wrested a
piece of cane from him.
After the examination of several witnesses,
Mr. Collier rose to address the jury for the defence,
and commenced by impressing upon them the necessity
of dismissing from their minds all that they had heard
out of doors, and come to a conclusion upon what was
adduced before them this day. The learned counsel
complained of the course taken by the prosecution in
bringing before the jury the particulars of the murder of
Mr. Moore, when they were only trying the prisoner
for the murder of Collard. He then commented upon
the absence of any motive for the murder of Mr. Moore,
and thought it was probable that, some quarrel ensuing
between them, the prisoner had, in a moment of despe-
ration, drawn his pistol and shot him, and if they took
that view of the case, then that would only be man-
slaughter.
Lord Campbell told Mr. Collier that, eve n if the jury
took that view of the case, he should be bound to tell
t hem that the prisoner resisting his lawful apprehension
for that offence would be murder.
Mr. Collier then proceeded briefly to argue that the
death of the unfortunate man. Collard was the result of
the pistol accidentally going off upon the prisoner being
apprehended.
His Lordship then summed up, reading over the whole
of the evidence, and commenting in the most impartial
manner upon it as to the probability of its being the
result of an accidental discharge of the pistol which
caused the death of Collard.
The jury then retired, and had not returned a verdict
when we went to press.