The Sun.
London, England, 1862-11-01 00:00:00

CENTRAL CRIMINAL COURT .—Oct. 3

OLD COURT.
(Before the Lord Chief Baron.)
THE MURDER IN THE CITY.
(Continued from the Sun of yesterday.)
The following is the conclusion of this extraor-
dinary case.
Mr. Ribton occupied nearly three hours in the
delivery of his address, and when he had concluded
the jury retired to take some refreshment.
The following evidence was then adduced for the
defence :
George Davis said—l live at No. 23, Harp-alley,
Farringdon-street, and am a porter at Baker's chop.
house, Change-alley. The prisoner used to sweep
the chimneys at that place, and he came for this
purpose on Monday morning, the 15th September.
He came at four o'clock and did not go away until
half-past five.
John Graham, porter to Messrs. Pursell, confec-
tioners, of Cornhill, proved that the prisoner came
to their house at half-past five and stopped a few
minutes and then left.
By the Court—The prisoner came regularly every
Monday to see to the chimneys. None required
sweeping on this morning.
Robert W. Flanders, porter at a chop-house in
Finch-lane, proved that the pasoner was at that
house at a quarter to six o'clock on the morning of
the alleged murder, and left at five-and-twenty
minutes past. This was his regular time for com-
ing to clean the chimneys.
Mr. W. Cathie, the manager of Reed's chop-
house, in Pope's Head-alley, proved that the priso-
ner came there at five-and-twenty minutes to seven
on the same morning, and left at twenty minutes to
eight.
By Mr. Poland—lt generally took the prisoner
about an hour to sweep all the flues.
Mr. Ribton said he had other witnesses, who
would prove that on the Saturday the prisoner was
at the places where the witnesses for the prosecu-
tion represented that they had seen him on the
Monday, and that they had made a mistake in the
day.

Mr. Hemp, the Deputy Clerk of Arraigns, then
inquired of the prisoner, in the usual form, whether
he had anything to say why judgment of death
should not be passed upon him.
The prisoner, who, during the whole time the
learned Judge was summing up, stood leaning upon
the front of the dock, with his hands clasped and
his eyes upturned, as though engaged in prayer,
immediately addressed the Court in a firm, clear
voice, and said,—" I can safely declare upon my
word and honour that I am as innocent of my wife's
death as an unborn babe, or of knowing anything
about it. Any man who could destroy the life of his
wife with his own flesh and blood in her body,
hanging is too good for him. I swear before God
that I am innocent of this crime ; it is not in my
instinct to do such a thing. I could not do it for
the world. There is a greater judge than your
lordship who knows all ; I fear him more than any
earthly judge, and I thank God I have not got this
crime to answer for."
The Lord Chief Baron, having put on the black
cap, proceeded to pass sentence upon the prisoner.
He said that he had been convicted of the crime of
wilful murder upon the person of his wife on the
15th of September. That she had died by an act of
violence the evidence did not leave the smallest
doubt, and the proposition that she did not destroy
herself appeared to him to be almost as clearly esta-
blished. It also scarcely required the assistance
and aid.of medical skill to be enabled to form the
conclusion, that after the act of violence had been
committed the body had been placed in an artificial
position so as to create a belief that the deceased
had destroyed herself. He entertained no doubt,
from the evidence, that the murder must have been
committed either on the Sunday night or the Mon-
day morning, and it appeared equally clear that the
deed must have been done by himself, or the young
woman Humbler. Some of the observations that
had been made by the learned counsel who had de-
fended him so ably were undoubtedly entitled to
attention, particularly when he urged the absence
of a motive for the commission of the crime. It
certainly was difficult to ascribe any motive either
for the act of sucide, or the commission of murder,
but at the same time it was certainly equally diffi-
cult for any one to come to the opinion that upon
the evidence the jury had not arrived at a right
conclusion. They had accompanied their verdict
with a recommendation to mercy, and they assigned
as a reason for the recommendation their belief that
it was probable that after he and his wife had re-
tired to their bedroom on the Sunday night, a
quarrel or disagreement took place between them
on account of the girl Humbler, and that the act
might have been committed in the course -of that
quarrel. With respect to this girl he thought he
might say, without hesitation, so far as the alle-
gation that she was concerned in the murder, there
was no case against her upon which any jury would
have been warranted in finding her guilty. He
(the learned judge) had therefore felt it his duty to
protect him from what must have been the conse-
quence if they had been jointly tried, namely, that
in addition to the direct evidence against him, he
would have been seriously prejudiced by the counsel
for the young woman Humbler, charging him with
the murder as he would in all probability have been
compelled to do, and showing that he alone was the
person who committed it, in order to save her from
the chance of being convicted. The learned judge
then said he would take care that the recommenda-
tion to mercy was forwarded to the only quarter
where any effect could be given to it, but, taking
into consideration the nature of the crime, he did
not feel himself justified in holding out any expec-
tation that it would have effect. He then passed
the awful sentence of death upon the prisoner in
the usual terms.
The prisoner, when the learned judge had con-
cluded, again addressed him, and said " My lord, I
should say that any man who was guilty of such a
crime as this ought to have no mercy."
He was then removed from the bar, still protest.
ing his innocence.

POLICE IN7ELLIGENCET-oct. 31.

GUILDHALL.—SERIOUS CHARGE OF FORGERY
AGAINST A BANKRUPT. —Edward Braundbeck,
lately carrying on business as a dealer in sewing
machines, at 27, Walbrook, was brought up on a
habeas from Whitecross-street Prison, and charged
before Alderman Hale with feloniously forging and
uttering a bill of exchange for £lB 15s. 6d., with
intent to defraud Messrs. Pitt, sewing-machine ma-
nufacturers, of Cleckheaton, in Yorkshire.
Mr. Benham conducted the prosecution, and said
the prisoner had been doing business with his
clients, and in June last had incarred a debt with
them to the amount of £5O. Early in July he
called upon them at Cleckheaton, and expressed a
desire to extend his credit with them, which
they declined, and at the same time offered to
let him have further goods if he was prepared to
reduce his account, upon which he gave them two
bills of exchange, one for £lB 15s. 6d., and the
other for £l6 /Os., upon the faith of which securi-
ties they allowed him to have other goods, to the
amount of about £3O, and up to the present time
their claim against him amounted to about £llO.
The bill for £16105., although perfectly worthless,
he would say nothing about, but the £lB bill, was
the one upon which the charge of forgery was al-
leged. That bill was drawn by the prisoner, and
purported to be accepted by a firm of the name of
"W. Peters and Co„" of 25, George-street, Com-
mercial-road, London. He would, however, show
that Commercial-road East was intended, and that
not only was there no such number as 25 in the
George-street indicated, but no such person as
Peters and Co. had ever carried on business or re-
sided at any house in that street. The handwriting
of the drawer and acceptor was identically the
same, and he would call witnesses who would state
that both were in the handwriting of the prisoner,
and that he admitted that Peters and Co. were alto-
gether a myth. If he proved these facts to the satis-
faction of the Court, he would ask that the prisoner
should be committed to take his trial for forgery.
Mr. Joseph Pitt, in partnership with his brothers,
said—l saw the prisoner at Cleckheaton about the
7th July last. He said he wanted some more ma-
chines ; but, as he owed us about £4B, I asked him
what he proposed doing about his account. He said
he had two bills for £l6 lOs and £lBlss. 6d, which
he said were good bills. He also said he knew the
acceptors of the bills, and that they were as good as
the Bank of England. After this he endorsed the
bill i to us ; but neither of them were paid when due.
Upt s the faith of those bills being genuine we al-
lowed him to have goods to the amount of £3O. I
asked the prisoner in what direction the Commer-
cial-road was, and ho told me down Whitechapel
way. I went there and found George-street, but no
25. I went to 24, and made diligent inquiries
elsewhere, but could not ascertain anything of " W.
Peters and Co.;" no such person being known in
that street. I have commenced proceedings against
the prisoner in one of the superior courts, but this
bail is not included in that suit. The prisoner was
taken on a espies, and is now in Whitecross-street
Prison on my suit against him. I know he has re-
cently become a bankrupt. The bill fell due on
the 4th of October; but having paid it away I
could not commence these proceedings until it was
returned to me, and this is the reason I did not
prefer this charge earlier.
Herbert Wilkinson was called merely to prove
that to the best of his belief, from his knowledge of
the prisoner's handwriting, the acceptance to the
bill produced had been written by the prisoner.
James Christmas, formerly in the prisoner's em-
ploy corroberated the last witness on the ques-
tion of the acceptance being in the prisoner's hand-
writing, and added that about the latter part of
August he was asking the prisoner what means he
had of meeting certain claims, and went through
his bill-book with him. While stating which bills
would and which would not be paid, he came upon
the one in question, and remarked that " W. Peters
and Co." were nobody, and that he should have to
pay that bill himself. He thought nothing
.of
at the time, deeming it an accommodation bill.
Thomas Lay, principal warder at the Whitecross-
street Prison, proved that the prisoner was brought
there on the 4th of October, and had remained in
the custody of the sheriffs ever since.
Mr. am Hall, managing clerk to Mr. Bartley, a

Hasemer and Jenkins, two officers engaged by
the Royal Society, stated that on Thursday morn-
ing they were passing through Hunter-street, when
they saw the defendant beating a horse with a heavy
whip in a most cruel manner. The roads were
heavy, and in addition to a large van, the poor
animal had to draw a ton of coals, besides some
other things. Finding that the horse could not get
along with the load, and that the prisoner kept up
a continual flogging of the unfortunate animal,
they went up to him and found the horse in a very
weak state. It had a disease in one of the hoofs,
and every time it endeavoured to pull the load,
one of the hoofs that was cracked opened and
caused the animal much pain. The hind parts
of the horse had dropped from weakness, and it was
quite used up and unfit for work. The effects of
the prisoner's violence were plainly visible, there
being several weals along the body. When they
took the prisoner into custody he said he was not
aware that he was doing harm. He had to work
hard himself, and having purchased the horse to
work, it must do so, or it was of no use to him. On
the way to the station he offered the constables a
bribe to let him go.

The prisoner, who treated the matter as a joke,
several times laughing when the evidence was given,
said he had been to the Great Northern for a ton of
coals, and he thought the horse was well able to
draw the load. Certainly the roads were a little
heavy, but the horse had drawn a similar load be-
fore and he ought to be able to do so again. The
horse was old and looked poor, but that was its na-
ture, and it was as willing as willing could be.
Mr. D'Eyncourt said that cases of this sort
seemed to be on the increase, and he had had seve-
ral brought under his notice of late by the officers
of the society. This was a very bad case, and as he
had found that fining the defendants was of no
avail, he should see what imprisonment would do.
He should send the prisoner to the House of Cor-
rection with hard labour for 14 days, and if ever'
he was brought again before him for a similar of-
fence, and it was proved, he might depend on it
that he would be more sharply dealt with.
The prisoner, who seemed rather surprised at the
decision, pretended to cry as be was being removed.

71IF SUSPECTED MURDER A 7 SADDLE-

WORTH.

The inquest on the body of James Farrand, a woollen
weaver, aged 55 years, residing at Saddleworth, and sup-
posed to have been murdered, was opened on Thursday at
the Tame Valley Hotel, Dukinfield.--Samuel Farrand, a
son of the deceased, stated that his father left his work at
Heybottom's, Saddleworth, about half-past 3 o'clock on Sa-
turday afternoon, and said he would go to James Wood's
beerhouse to have a pint of ale. He then had on his coat
and a low-crowned hat, but he did not know whether he
had any money.—William Lithgoe,one of the officers in the
Cheshire constabulary, deposed that on Tuesday morning
he found the body in the river Tame, at Dukinfield. De-
! ceased was without shoes, coat, neckerchief, and hat, and
there was no money in the pockets. Both of the toes of the
stockings were worn out, and tho feet were bare.—James
Wood, beerseller, Primrose Bank, Saddleworth, said the
deceased came to his house, and remained there until about
half-past 11 o'clock that night, when he left. James But-
terworth, Samuel Heys, James Winterbottom, Jas. Burnes
and Thomas Robinson left with him. James Bradbury
came to the house just before they left. He was the worse
for liquor but did not stay five minutes, as witness put him
I out of the house. There was no quarrelling between the
parties. When deceased left the house he was dressed in
a black cloth coat, and had his hat and shoes on. James
Butterworth, Samuel Heys, and James Winterbottom
would have to go over the bridge at Greenfield Brook
with deceased, which brook is about 350 yards from the river
Tame, the river being distant from witness's house 20 or 25
yards. The deceased lived from 300 to 400 yards from wit-
ness's house. The bridge is a stone bridge, the battlements
of which are about a yard high from the road. The witness
then fully described the locality, and added that the distance
from his house to where the body was found would be about
six miles. Did not hear any quarrelling when the deceased
and the others left the house. The deceased was not much
intoxicated ; he was capable of walking home. After wit-
ness had closed his door he heard a few words between
Bradbury and Farrand. Bradbury said " I cannot tell the
reason why Jemmie o Bobies has turned me out." Far-
rand (deceased) replied " Thou sees thou bast come too
late." Bradbury would have to go in an opposite direction
to that which deceased would take. In answer to Mr. Shaw,
solicitor, who appeared to watch the case on behalf of Brad-
bury, who is a whipper-in for the hunt at Saddleworth, and
who is in custody on suspicion, the witness showed that the
deceased might have got into the river before he reached
the bridge mentioned. Mr. John Brierley, surgeon, Du-
kinfield, said—Yesterday I made a post-mortem examina-
tion of the body of the deceased. There were nine distinct
wounds on the scalp. One was a lacerated wound in front
of the forehead, just above the nose, containing coagulated
blood. It was an incised wound, triangular in shape, and it
penetrated to the bone. It was about two inches in length,
and half an inch in breadth. The edges of the wound were
inverted, and underneath the coagulated blood there
neNevxast
some filth. There was no injury to the bone•
wound was a lacerated wound on the right side of the fowre
head. It penetrated to the bone, which was
bare.
also filled filled with dirt, and the wound was Ll"'ed Oi the

Lord Stamford's Onesander, Bst 101 b (Edwards) w.o.
Sweepstakes of 10 sovs each; 3-yr-o,ds, Bst 21b; 4-yr-olds,
Bst 101 b; 5-yr-olds and upwards, 9st llb; the win-
ner to be sold for 400 sovs ; first half of Ab. M. 6
subs.
Mr. Naylor's Fravola, 5 yrs, Oat llb (Challoner) 1
Mr. Thelluson's Hesper, 4 yrs, Bst 101 b (Fordham) 2
Captain Lamb's King of the Forest, aged, 9st llb
Edwards) 3
Mr. Bowles's Hefty, 5 yrs, 9st llb (J. Goater) 4
Lord Chesterfield's Black Lily, 4 yrs, Bst 101 b.. (Rogers) 5
Betting-2 to Icn Hesper, and 4to 1 agst Fravola.
After two or three failures, the lot left the post nearly in
a line, in which order they ran for half the distance, when
Fravola drew slightly in front, followed by the favourite,
the former winning cleverly at last by a length ; two lengths
between the second and third, a bad fourth.
Sweepstakes of 10 soya each; 2-yr-olds, 7st 31b; 3-yr-olds,
Bst 101 b; the winner to be sold for 300 sovs; first half of

Ab.M. 8 subs.
Mr. W. Bevill's Lady Abbess, 2 yrs, 7st 31b (Drew) 1
Lord Chesterfield ns Carswell, 3 yrs, Bst 101 b (Rogers) 2
Lord Westmoreland's Merry Hart, 2 yrs, 7st 31b
(Midgeley) 3
Mr. R. Ten Broeck's Dolphin, 2 yrs, 7st 31b.... (Daley) 4
Mr. Trowson's Tarragona, 3 yrs, Bst 101 b
(J. Nightingale) 5
Lord Exeter's Diligence, 2 yrs, 7st 31b (Tweed) 6
Betting—Even on Merry Hart, 3 to 1 agst Lady Abbess,
and 100 to 8 agst Canwell.
Dolphin jumped away with the running, which he carried
on for the first hundred yards, when Lady Abbess rushed to
the front, and came on with a lead of two or three lengths
in advance of Canwell, who was closely followed by the
favourite. Lady Abbess retained her lead to the end, and
won cleverly by a length, a neck separating the second and
third ; Dolphin was fourth, close up. The winner was
claimed.

The Nursery Stakes, a free handi ap of 25 sous each; for

2. yr-olds. D.M. 15 subs.
Count F. de Lagrange's Valentine, 7st 61b

(H. Grimshaw) 1
Mr. Watt's Newmarket, 7st 31b, carried 7st 51b
(J. Snowden) 2
Lord Stamford's Barchettina, Bst 21b (Edwards) 3
The following also ran :—Bohemia, Battery, Witch of
Eudor, Harvest Moon, Falcon, Colleen Rhue, Westminster,
Miss Whip filly, Airedale, The Reserve, and Hyperronestra.
Betting-5 to 2 agst Valentine, 3to 1 agst Airedale, 4to

1 agst Newmarket, and 8 to 1 agst Barchettina.
After one slight failure the lot got away nearly in a line,
but after running a few strides, Newmarket, on the far side,
obtained a slight lead, followed by Valentine, Airedale, the
Miss Whip filly, and Barchettina, lying in the centre, and
Colleen Rhue and Battery on the lower side. In this way
they ran into the bottoni, where Valentine drew slightly in
advance of Newmarket, closely followed by the favourite
and Barchettina. Halfway in the cords the favourite was
beaten, and Barchettina took his place and joined the
leaders, but Grimahaw shook them off without an effort,
and won very easily by two lengths. Barchettina finished
a bad third ; Airedale was fourth, the Miss Whip filly fifth,
Hypermnestra sixth, Witch of Endor seventh, and Falcon
next, the last two were Bohemia and The Reserve.

Match-300 sous, h ft, Bst 101 b each. D.M., 7 furlongs
210 yards.

Sir J. Hawley's Argonaut (Wells) 1
Lord Glasgow's Minie (Aideroft) 2
Betting-2 to lon Argonaut.

The pair lay together for the first half mile; when the
favourite came away and won in a canter by eight lengths.
The Nursery Stakes (a free handicap), of 25 sovs each, fur

2-yr-olds. D.M. 15. subs.

Mr. G. Bryan's Port Royal, 7st 71b (T. French) 1
Baron Rothschild's Giraffe colt, 7st 91b (Challwaer) 2
Mr. R. Boyce's Fantail, 7st 21b (Midgley) 3

The following also ran !—Golden Pledge, Erin-go-bragh,
Turcos, Melandra, Dirb Cheap, Herdsman, Sister to Her
Highness, Lucretia, True Heart, and Fletton.
Betting—Even on Port Royal, 6 to 1 agst Golden Pledge,
7 to 1 agst Dirt Cheap, 8 to 1 agst Erin-go-bragh, 10 to 1

agst the Giraffo colt, and 12 to f asst Lucretia.
With little or no loss of time the lot were got together
and despatched from the post nearly in line, but widely

. _
spread across the course; but, after running a few strides,
Golden Pledge, in company with Fantail and the Giraffe

colt, drew slightly in advance, followed by the favourite,
lying wide on the lower side ; the others headed by Turcos,
Lucretia, and Fletton, being some lengths in their rear.
They ran thus into the bottom, where Port ROyal drew for-
ward, and half-way in the cords Golden Pledge gave way,l
leaving Fantail in possession of the lead, but whofavwous.
almost immediately passed by the Giraffe colt and the
rite, between whom a close and severe strz
the latter, running the longest, got up in the
Fletton fifth,,
and won by a head ; four lengths between le
up
.the second and
third ; Golden Pledge was fourth, close
Sister to Her Highness sixth, Turcos
seventh, and Erin-

Gya
tr sB,lb6s(tvG(ojl)b.
(GG(IS:
iOrap
rsishnoacvwes?)
21
go-bragh next.
Optional Selling Plate, of 50 sovs, for 2-yr-olds and up.
wards ; weight for age, with selling allowances. T.Y.C.
Antidote,
i‘ll.
11
rr..
rA,tys}:o7:it,teersq,,,A;:ittied,
Mr. BeaUtROICICS Devotee, 2 yrs, GstGlb (E5O) (Whiteley) 3
The following also ran :—Belle of Yorkshire, Estnnette, Vigil, Lady Evelyn colt, Knight relda,
Annette,
Grove, and Alecto. cf the Bath,
Betting-2 to 1 against Antidote, sto 1
and Knight ot the Bath, 7 to 1 agst
Devotee, each agst Alecto
Hilly Grove, and 12 to 1 agst Estreld 8 to 1 agst
After a long delay at the post they a.
com-
pact order, the three placed being Caine away in
Antidote ivinfliug clever)
Y by three
in front throughout,
parts of a length ;