The Sun.
London, England, 1863-03-18 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—MAIDSTONE, March 17,
The commission_ for the county of Kent was
opened here on Monday, and yesterday morning
both courts proceeded to business, Lord Chief Jus-
tice Cockburn presiding on the civil side, and Mr.
Justice Wightman in the Crown Court. Eighteen
civil causes are entered for trial, five of which are
to be tried by special juries. The gaol calendar
contains the names of forty prisoners, but, with the
exception of two charges of murder, none of the
cases appear to be of a serious description.
(Before Mr. Justice Wightman.)
Mr. Henry Aldridge, an ensign in the 84th regi-
ment, a very gentlemanly looking young man, sur-
rendered to take his trial upon a charge of felo-
niously uttering a forged cheque for £l5, with
intent to defraud the National and Provincial Bank
at Folkestone.

Mr. Biron conducted the prosecution; Sergeant
Ballantine was specially retained with Mr. Kaye
for the defence.

This case created a good deal of interest on ac-
count of the position in life of the prisoner, who is
very respectably connected, and also from the
fact of his, being a very great favourite with all
his brother officers, and with the officers of all
the other regiments at the camp at Shorncliffe,
where he has been stationed for about a year
and a half. The principal witness in support
of the case for the prosecution was Mr. Standford,
the cashier of the National Provincial Bank at
Folkestone; and, according to his evidence, about
half-past 11 o'clock in the morning of the 15th of
August a gentleman came to the bank in a fly be-
tween halt-past 11 and 12 o'clock, and presented a
cheque apparently drawn by Mr. Meikiam, an
ensign in the 78th Regiment, upon Messrs. Cox and
Co., the army agents in London, for the sum of
£l5, and which was drawn in favour of Mr. Thorp,
who is also an ensign in the same regiment, and
asked for cash for it. Mr. Standford asked the
gentleman if he was Mr. Thorp, and he said he was,
and signed the name " W. Thorp" to the cheque,
and added to the signature the words "Ensign 78th
Regiment," and he then received two £5 notes and
five sovereigns and was driven away to the railway
station, from whence a train started at ten minutes
to twelve o'clock. Mr. Standford stated that to the
best of his belief Mr. Aldridge was the person who
presented this cheque, and upon the discovery being
made that it was forged he went to the camp, ac-
companied by Superintendent English, of the Kent
county constabulary, and saw Colonel Lightfoot,
the commanding officer. The prisoner was sent for,
and Mr. Standford at once stated that he believed
he was the person who had presented the forged
cheque, and he was asked to write the name W.
Thorp," and the words " Ensign 78th Regiment,"
that had been written upon the cheque, on a piece
of paper. He immediately did so, and the result
was that he was given into custody, and committed
to take his trial open the present charge, but the
magistrates consented to admit him to bail, and he
now surrendered to take his trial. In the course of
the case a cab driver named Frederick Philpot, who
had driven the person, whoever he was, to the bank
upon the occasion of the forged cheque being pre-
sented, was placed in the box to be examined at
the request of Sergeant Ballantine, the prosecution
not considering it advisable to call him as a wit-
ness for the Crown, and lie stated, in answer to
questions put by the learned sergeant, that he remem-
bered driving to the bank en the day in question, and
that a gentleman went inside, but he declared that
the prisoner was not the person. it appeared, how-
ever, from other questions that were put to him by
Mr. Biron, that when ho was first applied to he
stated to Superintendent English that he knew the
' gentleman he drove to the bank was young Ald-
ridge, of the 84th, and that he had repeatedly driven
him, and that he owed him 4s. 6d., and it also ap-
pnaelalrd
yes t that
ea tin t
o the consequence
superintendent
was
ased directedi dor i gi-
to
appear before the magistrate at Hythe on the fol-
lowing day to be examined as a witness for the pro-
secution upon the present charge.
Mr. Biron proposed during the inquiry to put in
the piece of paper upon which the prisoner had
written the name W. Thorp and the other words,
in order that the jury might have an opportunity
of comparing the handwriting with that of the
forged endorsement upon the cheque.
Sergeant Ballantine, however, objected to this.
and, after some discussion, Mr. Justice Wight•
man ruled that the paper was not admissible, hav-
ing first consulted the Lord Chief Justice upon the
point.

- Colonel Lightfoot, the officer in command of the
prisoner's regiment, was examined, and he stated
that he remembered seeing him at morning parado
on the 15th of August, and after the parade was
over he asked his permission to go to Canterbury,
and he allowed him to do so. It was about 10 mi-
nutes to 12 when this occurred, and at this time he
was in plain clothes, and was going in the direction
of Sandgate.
In answer to questions that were put by Sergeant
Ballantine, the colonel stated that the parade was
generally over about half-past 11 o'clock, and be-
tween that time and the period when he again saw
the prisoner he would have had to go to his hut and
change his clothes, so that it must have been nearly
12 o'clock when he asked him leave to go to Canter-
bury. He also said that the prisoner had been in
the regiment two years, and during that period he
had conducted himself exceedingly well, and he con-
sidered him a young man of most honourable prin-
ciples, and he never knew a more promising young
officer to have joined the corps.
Sergeant Ballantine, at the close of the case for
to
althought
failedh e prosecution, o
o sae
nec
he
establish
tt
ahi
bohenl
sis,
sdsaid
imadedthie charge
t are m
appearedpowerfulagai
s t
fitthe
t address
seotinstance
ly
the jury on behalf of the prisoner. He said that
undoubtedlya lst
in
the
against
.the inquiry with very great anxiety,
that anxiety had been dispelled as the ease pro-
ceeded,hi
prisoner, th a t
the evidence that had been adduced had not only
but had actually disproved it, and that after the tes-
mony of Col. Lightfoot, as to the time when he last
saw him on the morning in question, it was impos-
sible that he could have been the person by whom
the forged cheque was presented.
A number of witnesses, all persons of station and
high position, among whom were Sir H. Vane, Col.
Meuse Mr. Hurst, the barrister, Admiral Monta-
gue, Mr. C. Dickens, and the Rev. J. F. Hodgson,
were called to speak to the character of the prisoner,
and they all concurred in describing him as a young
man of high honour and integrity, and, to their
opinion, utterly incapable of committing such an
act as the one now imputed to him.
The learned Judge having very briefly summed
up, the jury returned a verdict of Not Guilty.
The verdict was received with a burst of cheers,
and the prisoner, who was ordered to be imme-
diately discharged, left the court surrounded by his
friends.

The grand jury Imve ignited the bill against the
two prisoners charged with the murder at Queens-
borough.

MIDLAND CIRCUIT.—LTNcoLN, March 17.
(Beforc Mr. Justice Wil!es.)

THE ARSENICAL POISONINGS AT MAREHAINI-LE-FEN.
The charge against John Garner and Hannah,
his wife, for the wilful murder of Hannah Garner,
the first wife of the male prisoner, on March 28,
1862, and for the wilful murder of Jemitna Garner
(mother of the male prisoner) on Dec. 20, 1861,
commenced yesterday afternoon.
Mr. Stephen, the Hon. Chandos Leigh, and Mr.
Mellor appeared for the prosecution ; the prisoners
were defended by Sergeant O'Brien, Mr. Flowers,
and Mr. Huish.

Mr. Stephen stated the case as follows :—The fe-
male prisoner (whom we shall call Whittaker) was
married to John Garner last year; previous to this

he had another wife, named Hanna
March, 1861, under circumstances
impnrtant bearing on the facts of the pr et cite.
Hannah Garner, was taken ill a few days before
her death, the symptoms being similar to those of
Jemima Garner, and of the person who partook of
the food prepared for her—symptoms of arsenical
poisoning. When Hannah Garner's body was ex-
humed arsenic was found in her stomach, intestines,
Sre., in sufficient quantities to account for death.
After the death of Hannah,Semima Garner left the
Bede-houses at Revesbv, where she had been re-
siding, andame to live- with her son. For a con-
I siderable time the household was an unhappy one.
On one occasion the old lady had a slight quarrel
with Whittaker ; subsequently both Garner and
Whittaker became more violent in their conduct ;
and at length, in September, 1861, Garner kie:r.ed
his mother out of the house, end told her to go to
the union. About the same time, too, Whittaker
was in the habit of using very violent and improper
language to the old lady. This treatment continued
for some time, and at length the mother, who F till
remained at her eon's house, was driven t.o apply to
the relieving officer for relief. During the last few
months of her life she was leafed most unkindly
I by both the prisoners. Garner farmed a little lend,
kept, a groc:r's shop, in rifle!) he bold arsenic, end
also had a "jell-A.," in w hich liquor was Ford.
Among other things he dealt in milk, end it ap-
pears that Whittaker was accestomcd to give some
I every day to a woman named Shepherd, who was at
the time living at the "ferry." This milk was
given to a woman named Forman, who was hying
with Ann Shepherd. One day, nearly a month
before the death of Rmiina Garner, Forman made
a pudding of it, and after partaking of it ail Shep-
herd's family were seized with the symptoms of
arsenical poisoning. The next day Forman gave the
milk supplied to her by Whittaker to a neighbour
named Munn, who also made a pudding with it,
and all her family, too, were seized with similar
symptoms. On the day following Forman again
went for some milk, and Whittaker pointed out to
her the puncheon from which she was to take it.;
At this moment Whittaker had to leave to wait uuon
a customer in the shop, and while her back was
turned, Forman, whose suspicions were aroueed,
emptied the milk out of the other puncheon, took it
home, made a pudding, and none of the family we re
seized with ill effects after partaking of it. The
milk which Forman left, however, was made into a
pudding by Whittaker. A man named Wildon, and
his son, and a woman named Lightfoot, who were
working at Garner's, each ate a portion of the pud-
ding, and they were all afterwards taken sick and ill.
About this time Jemima Garner was taken ill, and a
man named Lightfoot while in the shop heard Whit-
taker ask Garner if any one was to go to fetch a doc-
tor for " granny" (meaning Jemima Garner), as she
was determined to have one. Garner replied that he
would have no doctor fetched ; upon which Whit-
taker remarked, " Well, you know what has been
said about your wife." In the last week of Jemima
Garner's life a violent quarrel took place between
her and Whittaker, and the latter was heard to say,
by Susan Jenkinson, " I am the mistress of this house,
and won't be controlled—you may go into the
union." Whittaker then called Jemima Garner an
old --, and told her that she wished her mouth
was full of mould. On the Saturday before her death
the old lady called the attention of Ann Shepherd to
the state of a bottle from which she was in the
habit of taking laudanum ; there was a deposit at
the bottom which the woman described as being
like wet mortar. On the same day Susan Jenkin-
son saw the old lady, who was very ill, with all the
symptoms of arsenical poisoning—sick and in vio-
lent pain, and covered with a cold perspiration. On
the 18th .of December Mrs. Wetherhog, the grand-
daughter, saw the old lady, who was still suffering,
as did also Susan Whittaker, the mother of the
female prisoner. While Mrs. Whittaker was at the
house she attended upon Jemima Garner, who told
her she should like some gin. Mrs. Whittaker
consequently went to Garner, and asked him for
some. He went into the shop, and came back with
some colourless liquid, which he gave to her, re-
marking, " Tell her it's a good threepennyworth,
and she musn't drink it all." The old lady drank
theliquid, and soon afterwards went into the room
where Mrs. Whittaker and the two prisoners were
sitting, and asked where John got the gin. The
female prisoner remarked, "Lor, you needn't be so
particular ; it was spirits of wine." John Garner
then swore at her for saying so, and said, "You'd
hang me if you could." The same day Dr. George
called to see Jemima Garner, and having no idea
that she was poisoned, he supplied her with medi-
cine calculated to relieve purging. On the day of
her death Susan Jenkinson, who was waiting upon
her, asked John Garner to let his mother have a
little brandy. He, however, refused to let her have
any, and afterwards went upstairs, when the old
lady asked him to let her have a little, as she
thought it would relieve her pain and allay, her sick-
ness. Upon this he said to her, "It strikes me you
are drunk now." The mother said, " No, my boy,
I'm not drunk, but dying." Her son then answered,
" You've tortured me these 40 years' about dying ;
it's your -- Wesleyanism which makes you
afraid." The old lady then said, " No, by boy,
I'm not afraid ;" and her son left the room, remark-
ing that she might die and be --. Three hours
afterwards Whittaker entered the room, and Jemima
Garner told her she thought she could sup a little
arrow root. Whittaker , however replied, that she
would not make her any ; remarking, " There's
been too much said about the death of master's first
wife, and he won't let me make any." Jenkinson
and Whittaker then went downstairs, and the
former told Garner what his mother wanted. He
looked at Whittaker and said, " You must make her
some ;" but she replied, "No, I'll fetch the arrow-
root, and you may make it." She then went into
the shop for the arrowroot drawer. Garner put
some arrowroot into a basin, and Whittaker put the
water in and mixed it, Garner remarking, " It's
like cooking for pigs ; please God it may
be the last she'll eat," When the arrowroot
was made Jenkinson took it up to Jemima
Garner, who was sick after eating it. The
old lady continued violently ill, complaining
of excessive thirst. About two hours before her
death Jenkinson sent Whittaker several times to
ask Garner to come and see his mother. Whittaker
came back to say that Garner would not come, as
he could do her no good; but on being sent with a
more earnest message, to the effect that if he wished
to see his mother alive he must come at once, Whit-
taker delivered from him his message—" She may
die and be —, I want to go and weigh and some
coals." A few minutes before the old lady died,
Jenkinson asked Whittaker to go and sit with her,
but she replied " I will not come ; I dare not." Mrs.
Jenkinson then fetched in her daughter-in-law, and
these two were alone with Mrs. Garner when she
died. The day after the death of Hannah Garner
the female prisoner said to the girl Jenkinson, " I'm
glad missus is dead, and I'll soon be shot of old
granny." In the course of the following summer
Whittaker left Garner's and went home ; she again
began to keep company with a young man named
Fox, who had formerly courted her, and they agreed
to be married. To this man Whittaker used lan-
guage which implied that the death of Garner's first
wife was
known only to herself and Garner. After
that Whittaker turned Fox over and married Gar-
nerin the course.of last winter. In consequence of
certain suspicious circumstances which arose, it was
determined to exhume the body of Jemima Garner,
which was done, and the viscera was forwarded to
Professor Taylor for analysis. In the meantime
Garner and his present wife were apprehended, and
the arsenic found in the shop was taken possession
of by Sergeant Thereby, who weighed each pack-
age, and found two of them deficient in weight.
The above facts were fully sworn to by a vast
number of witnesses, the examination of whom
lasted the greater part of the day.
The case has not yet concluded.

OXFORD CIRCUIT.—STAFFORD, March 17.
(Before Mr. Baron Channell.)

THE ALLEGED MURDER OF THREE MEN.

John Jeavons, charged with the murderlroeftahirnege
colliers
near Bilston, was again brought up. The
case for the prosecution had closed on the preceding
night, and
.Mr. Kenealy now addressed the jury for the de-
fence, contending that the evidence Which had been
adduced was wholly insufficient to establish either
that the rope had been cut, or if the contrary were
true, that the act had been committed by the pri-
lordship summed up at
sonHeris.
considerable
and the jury, after a short deliberation,
returnedlength,
verdict of Not Guilty.

THE FUNDS OF THE LATE INTERNATIONAL
EXHIBITION .—The Royal Commissioners havo done their
best tk. avoid a deficiency and a call upon the guarantors by
cutting down the claims of scree of their creditors. The
chlrge for
police duty, for example, was £2,1,352, but the
commissioners only paid Sir Richard Maync £12,000,
thereby saving more than £12,000, and throwing the rest
of the charge upon the metropolis and the country.

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