The Sun.
London, England, 1862-08-27 00:00:00

THE ASHTON MU_RDI.T.

LIVERPOOL, TUESDAY.
The trial of the four prisoners was resumed at
the South Lancashire assizes to-day.
The court, as on the previous day, was crowded.
After the despatch of our parcel last evening
Richard Pickering, superintendent of police, was
examined. The prisoner Johnson made a state-
ment to this witness, from which it appeared that
Ward went to his house, in Manchester, about six
o'clock on the morning of the murder, and that
Burke arrived there a few hours later. Johnson
then took them up stairs, and he heard both the
men say they had fired at the police, that Jump
was dead, and that Harrop was not expected to
live long. (The learned judge intimated that this
evidence was only to be received against:Johnson,
and not against his fellow-prisoners, as the state-
ment to the officer was not made in their presence.)
After his apprehension Burke went with the officer
to Smallshaw-fold and pointed out the positions
occupied by himself, Ward, and the deceased. He
also made statements which exactly corresponded
with the evidence of witnesses. The piece of
wadding formed of paper was found, and the
words on it deposed to, and being compared with
an account book belonging to Joseph Knott the
handwriting was found to be identical. This paper
on the night of the murder was given by Burke to
one of the other prisoners to load his pistol with at
the house where they met to load their pistols and
arrange their mode of proceedings.
A police-officer who was present when the pri-
soner Hipwell was apprehended, and on the day
following the capture, was with Ludham in the
cell with the prisoner when he said, " It's a bad
job, but the company I have kept has led me
into it." This prisoner made a full statement which
was taken down in writing and read as evidence,
the police-officer assuring his lordship that he had
done nothing to induce the prisoner to make any
statement ; it was perfectly voluntary on his part.
The statement of Hipwell was to the effect that he
was present from first to last of the fearful crimes
of the night in question.
James Ashton, a police-officer, said that he found
sticks and other things near Smallshaw• fold, all of
which were proved to belong to the prisoners. He
also found the impression of a boot heel, and at a
little distance another foot print, both of which
were taken up and produced in court. There were
other impressions similar to those taken up, which
indicated the direction the men had taken ; and the
course thus indicated corresponded exactly with
the testimony of other witnesses as to the way the
prisoners took after the murder was committed.
Those impressions were exactly such as the boots
worn by Ward would produce. Benedetto Lanarto,
a sculptor, of Manchester, had been employed to
make moulds and casts, which were produced, and
which were found to coincide in all requisite parti-
culars with the boot of Ward.

John Watts, a police-constable, detailed the cir-
cumstances connected with the capture of Burke
and Ward, at Johnson's house, in Manchester.
Watts, in company with another officer of the name
of Rogers, went into the house and found the pri-
soners named in the bed-room. The men, after some
resistance, were handcuffed and taken to Droyls-
den. He took Ward's boots, which were produced
in court, and compared with the impression on the
sod. There was on the forehead of Ward a bruise
on which there was a plaister. The prisoners were
put into cells, and the officer told them they had no
need to answer any questions unless they thought
proper, as what they said might be taken as evi-
dence against them. (His lordship intimating that
the statement made by Watts was unnecessary, it
was not given.)
Police-constable Rogers was called, and sporce
to the resistance which Johnson's wife offered to
him and Watts when she knew their business.
He saw Ward try to seize a hammer to strike
Watts. In other respects this witness fully corro-
borated his colleague's testimony as to the capture
of the prisoners. There were found in Johnson's
house two jackets and two waistcoats, in which
Burke and Ward appeared in the dock. When the
prisoners were taken to the police-station they were
searched, and in the pocket of Burke was found a
percussion cap, and some dust mixed with gunpow-
der. There was also found a piece of paper, part
of a bill for beer from Joseph Knott. The officer
then went to Ward's house, and on searching it
found a discharged pistol, the charge consisting of
slugs and gunpowder, and the pistol appeared as if
it had been recently wet. After the prisoners had
been before the magistrates Burke wished to speak
to Rogers, who went into the cell. He said, "I am
not going to be hung for what other people have
done." After this Superintendent Pickering was
sent for, and the statement referred to by that wit-
ness was made.
In cross-examination it appeared that some of the
powder was found in lining of the waistcoat,
but in answer to the Attorney General it was stated
that in consequence of a defect in the stitching there
was a communication between the pocket and the
lining.
Joseph Bloomfield, optician, of Ashton-under-
Lyne, had delivered to him for examination the
dust and powder found in Burke's pocket. He exa-
mined it with a microscope and found it contained
one-third of gunpowder . he also tried whether it
would explode and it did.
In cross-examination ,t was stated that, mixed
with the dust and gurpowder referred to, were
found tobacco and breadcrumbs, such as men in the
prisoner's station of life had often in their pockets.,
Hiram Brown stated 'hat about a year before the
murder he had given to Burke's son a cap. He had
seen the prisoner wear it, and it was the one now
produced and found on the scene of the murder.
Mr. Digby Seymour, Q.C., then addressed the
jury for Ward and Hipvell with great energy for
upwards of an hour. He alluded with great minute-
ness to the discrepancies in the evidence, and dis-
sented vehemently froir the assertions of the At-
torney-General, who lee, the prosecution, that all
present at a murder, when combined for unlawful
purposes were equally guilty. He denied that
when the prisoners and their companions went out
to foolishly and unlawfully spoil the bricks they
had any idea or intention of committing so serious
a crime as murder. He did not deny that the foot-
prints of Ward were proved, but he argued that his
client was running away at the time the shots were
fired.

Mr. Turr then addressed the jury for Burke,
taking in a great measure the same line of defence
as Mr. Seymour. He argued that when the men
were returning from the brick-field they were
joking and peaceably inclined, and the police un-
lawfully caused the disturbance which ended so
fatally, for when they met the prisoners and their
companions they did not positively know what they
had been doing, and in fact their offence was only
a misdemeanour at that time,
Mr. Ernest Jones, for Johnson, argued that when
he received the prisoners into his house he did so
without guilty knowledge.
His lordship then elaborately summed up. He
said that when a number of persons agreed together
to carry out a design of revenge, and armed them-
selves with deadly weapons to resist all corners who
might interfere with their designs, then the act of
one was the act of all those who agreed to that
course of procedure. His lordship further argued
that when an act of serious import was carried out
by one of the party carrying deadly weapons
his act was equally the act of all. He was
not, however, prepared to say that this
would apply to such of the party as had left
their accomplices prior to the accomplishment
of a serious and unlawful crime, and who were not
consequently cognisant of it. With respect to the
charge of harbouring with guilty knowledge, pre-
ferred against Johnson, his lordship said that if the
jury should not be satisfied of the guilt of the other
prisoners the charge against him would fall to the
ground. His lordship then went minutely through
the evidence, telling them to judge by what they
had heard and seen as to the credibility of the evi-
dence given by the approver Barlow.
The Jury retired. and, after some deliberation,
returned a verdict finding Burke and Ward guilty
of murder, but recommending them to mercy; John-
son guilty of being an accessory after the fact.
His Lordship sentenced Burke and Ward to
death, and Johnson to 18 months' imprisonment.
Hipwell was acquitted,

COUNT THE CHANGE.—A Brooklyn lady pur-
chased an article in Fulton-street the other day, when she
received the following as change for a one dollar bill :
Ferry tickets, shin plaster, counterfeit penny, car ticket,
milk ticket, butcher's I 0 U, grocer's I 0 U, bread ticket,
three cent postage stamp, one cent postage stamp, and ice-
cream ticket —Yew York Taper.

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