The Sun.
London, England, 1863-03-30 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT—WAinvicx, MARCH 28.
THE BIRMINGHAM MURDER.
Henry Carter, aged 20, was tried morning before
Mr. Justice Willes, on the charge of having mur-
dered Alice Hinckley.
Mr. Adams appeared for the Crown, and Mr.
Elers for the defence.
The facts of the case are very simple, and will
appear best from the evidence of the witnesses,
Elizabeth Hinckley said—l am the grandmother
of the deceased. She used to live with me at a
court leading out of Bissit-street, Birmingham.
She had kept company with the prisoner for about
eight months. Oa the night of the 4th of last De-
cember she was standing with the prisoner at the
bottom of the court. They were in conversation,
and appeared on friendly terms. I went and asked
her to come in, andshe said that:she would come in
directly. Her manner was not excited, and she
answered in her usual tone of voice. I went back
into a neighbour's house. Shortly after I heard
the report of a pistol. I went out and saw her
lying dead on the pavement. I did not see Carter.
Cross-examined—Carter was in the habit of visit-
ing her at my house. There was nothing unusual
in their conversation on the occasion in question.
He had been in my house with her until 8 o'clock.
Their conversation was of a friendly and affectionate
character. The report of the pistol was not more
than two minutes after I left them.
Mary Cowrie said—Abaut 20 minutes to 11 on
the night in question I saw Carter and the deceased
talking together at the bottom of the court. I said
to her," How foolish it is for you to stand there,
with such a cold as you've got." She said, " I
havn't been above half-a-minute, and I'm coming
in directly." I was turning away from her when
I heard Carter say to her, "Do you mean it ?"
She said, "Yes." I then went on about 30 yards
and heard the report of a pistol. Soon after Carter
passed me running. I turned back, and found the
deceased lying dead on a sofa in her grandmother's
house.

Mr. Waddilove—l am a surgeon practising at
Birmingham. I examined the body of the deceased.
There was a hole between her left shoulder bone and
spine. It presented the appearance of a gun shot
wound. I found a track which passed upwards
through the spine and right side of the chest to the
anterior part of the neck. It passed through and
ruptured the aorta. I found a ball in the rignt side
of the collar bone. The shot must have been fired
from some one standing near.
Samuel Moore—l live in Birmingham, and know
the prisoner. Oa the afternoon of D _c. 4 I saw him
looking into a pawnbroker's shop. I asked him
whether he was looking at the watches. He said
that he was looking for a pistol. I asked him if he
wanted to shoot himself with it. He said, "No; I
want it for a friend in the country." I walked with
him to a shop in Weaman-street. He bought a
double-barrelled pistol, some powder, and caps. He
took them away with him. We then went into a
shop in Persia-street and bought some bullets. We
then went into three publichouses and drank to-
gether.
Cross-examined—l have known Carter for some
years. In the third publichouse he practised firing
the pistol at the gas lights. There was only a cap
on then.
Henry Hart—l am a gunmaker in Persia-street.
On the evening of the 4th of December last the pri-
soner and Moore came to my shop and bought some
bullets. The prisoner had a double barrelled pistol
with him. I told him that I had no bullets of the
proper size, and recommended him to have a mould.
He said that he didn't want a mould, but some bul-
lets. Moore pointed out some bullets, and said,
" They'll go through a man." Carter said, " Will
they ?" I said, " They will; for there was a soldier
who shot an officer a little time ago, and the ball
went through him, and killed another officer as
well." I sold him two conical bullets and some
spherical ones. I said to him, "Be cautious where
you fire these eonieal balls off, because they go a
long way." I was afterwards shown the pistol at
the police station. Oae of the barrels of the pistol
had been fired off, the other was still loaded. The
loaded barrel had evidently been charged by some
inexperienced person. There was enough powder
in for four charges.
Cross-examined—The pistol was a very danger-
ous one to use. The cocks are so near together as
to be dangerous in the hands of an inexperienced
person. It was fired off at haif-cock.
It was proved by other evidence that the loaded
barrel of the pistol contained one of the conical balls
and that the ball which was extracted from the de-
ceased was the other conical one, showing that the
prisoner had loaded the pistol with the very bullets
which he had been told were dangerous. It was also
proved that the prisoner had on two occasions ad-
mitted having shot the deceased.
For the defence it was admitted that the death of
Elizabeth Hinckley resulted from the act of the pri-
soner, but it was contended that it did not neces•
sarily follow that that act was wilful or malicious.
If the prisoner had intended murder he would not
have gone about so openly to purchase the pistol
and ammunition. The prisoner was shown to have
lived on terms of affection with the deceased. There
was no motive or malice shown on the part of the
prisoner. It was shown that the pistol was danger-
ous, and it might have exploded through the prisoner
playing with it.
The learned Judge, after explaining to the jury
what amounted to the crime of murder, told them
that if they believed that the prisoner wilfully caused
the death of the deceased of his malice aforethought
they must find him guilty of murder. If he caused
her death by culpable negligence, he was
guilty of
manslaughter. If the death of the deceased hap-
pened by accident, and without any fault attribut-
able to the poisoner, they must acquit him. His
lordship then carefully summed up the evidence to
the jury, pointing out to them how each particular
part was consistent or inconsistent with the above
direction.
After the summing up of the learned judge the
jury instantly returned a verdict of Guilty of mar.
der, at the same time recommending the prisoner to
mercy.
His Lordship, in passing sentence, said,—Henry
Carter, you have been convicted, upon evidence
which could not even leave a moment's doubt on the
minds of the jury, of the offence of murder with
malice intent. This is not the first of these dreadful
cases which has come under my notice in which love
has been turned into jealousy and hatred, and the
object of a man's uffict ions has become the object
of his evil passions. The jury have recommended
you to mercy, no doubt on account of your youth.
That recommendation shall be forwarded to Her
Majesty's advisers. As her servant, I can only
administer judgement according to law ; but be-
fore passing upon you sentence for murder I must
warn you not to entertain any false hopes that that
recommenc ation can save you from the consequences
of your act. I must warn you that you must undergo
the fu '1 penalty for your crime, and that you must
prepare to meet your God.
The sentence was then concluded in the usual form.
The prisoner, after the sentence, was carried from
the dock by the warders.