The Sun.
London, England, 1862-10-08 00:00:00

In cross-examination by Mr. Sleigh, he said when
he went into the room on the morning of the 15th
the deceased woman was lying on the floor. She
had on only a short flannel and a chemise. He put
his hand on the face, and it was quite cold. He did
not attempt to move any of the limbs. As far as he
could judge, she might have been dead several hours.
The body was at the side of the bed, lying parallel
with it, her right shoulder partly under the bed.
The corner of the blanket, sheet, and counterpane
had a patch of blood on them about the size of a
hand, from having touched the body. The blood he
saw at the head of the bed on the Friday was not
on the head board, but on a piece of the cornice
which was leaning against the wall at the head of
the bed. The spots of blood on that where it stood
were about four feet from where the body lay. He
looked at that board on the Monday morning. The
mark as of a wet bloody cloth was on the rail at the
foot of the bed. It was dry at the time he saw it.
He saw no bucket, or any signs of any person hav-
ing been cleaning. He saw Gardiner each day be-
tween the Monday and Friday, but he said nothing
to him about finding the knife in Humble's room
until the Friday.
Dr. Segueira said he had known the deceased,
and had attended her for the last six years. On
Monday, the 15th of September, at a few minutes
before eight, the female prisoner, whom he
knew as Mrs. Gardiner's servant, went to him,
and said she wanted him to go and see Mrs. Gar-
diner, as she had cut her throat, and said, "Do
come directly, or she will be dead before we get
back." He followed her to the house. He saw her
go in, and went in after. He went into the room
on the ground floor, but saw no one there. He then
followed her upstairs to the first floor. The door
was open, and she went in first. He followed her,
and then saw Mrs. Gardiner lying on the floor by
the side of the bed with her throat cut. There was
a pool of blood under her head and on each side,
but more on the left side, which was the side of
the wound. He felt the body, and found the extre-
mities quite cold. He remarked that she had been
dead some time. Humble said, " My. God, you
don't say so ?" He heard some one coming up the
stairs, and on turning round saw the prisoner Gar-
diner, who as he came in said, " What's this ?" and
immediately stooped down, and with his right hand
took the knife which was produced from the right
hand of the deceased, The hand was holding it on
the breast. The back part of the knife was to-
werds the palm of the hand and towards the throat;
the point of the knife was near the throat. He did
not see the knife at first, as that side of the body
was in the shade from being partly under the bed.
He saw Gardiner stoop, and he immediately stooped
to see what he was going to do, and saw him re-
move the knife. He should think that if the knife
had been in the hand at the time of death it would
have been more firmly grasped. He observed the
backs of the hands were bloody, but he did not
observe whether the insides were. He should think
she had been dead four hours at the time he saw
her. She was pregnant, and that would account
for the trunk not being cold. The trunk was warm
when he saw it. He did not think from the na-
ture of the wound that death was instantaneous.
He noticed the marks on the thigh, but he could
not say whether it was her hand. It seemed too
broad for her hand. As soon as Gardiner had
taken the knife from the hand of the deceased, he
looked at the prisoner Humble, and said, " You
wretch, you did this." Sne fell on her knees, and
called God to witness that she knew nothing about
it, and Gardiner made the observation, "Well,
we'll see about it." He did not think deceased
could have done it herself, as from the manner in
which she was lying the bedstead would have im-
peded the use of her arm.' If the body had been
moved, he did not think she could have done it with
her right hand, and the knife was in her right hand.
He should consider that the act had been committed
by some other person than the deceased herself.
He was present at the post-mortem, and from the
nature of the wound and the cuts on the fingers,
which he had not seen previously, his belief that
it was done by some other person was still stronger.
Mrs, Spencer went into the room first, and the
officer followed. The knife was on the table where
the prisoner had placed it, and he handed it to
Sergeant Mobbs. There was blood on the knife,
but it was quite dry. There was no indication of
a struggle having taken place in the room. He
observed the bedclothes, and the bed appeared to
have been slept in. The clothes were turned half
over, and the corner of the under sheet was under
the body. He thought the act must have been done
on the floor. There were no marks of blood on the
bed. There were several marks of blood on the
doorpost, against which her head was lying. The
prisoner Humble turned up her clothes, and showed
her hands, but there were no blood marks, and her
hands appeared to be grimed with dirt, as though
she had gone to bed with dirty hands. They cer-
tainly did not appear to have been washed that
morning.
Cross-examined by Mr. Sleigh—He should think
deceased had been dead three or four hours. He
saw the mark of a sooty hand on the left arm above
the wrist, and also a small sooty patch above the
elbow.
That was all the evidence that was proposed to be
adduced, and Mr. Sleigh proceeded to address his
lordship, and said he did not see that there was any
evidence against the unfortunate girl Humble, and
his lordship interrupted him, and said it was need-
less for him to go on, as he was quite of that opinion,
that there was no evidence to inculpate the female
prisoner.
Mr. Lewis, on behalf of Gardiner, said he thought
he could show that there was no evidence against
his client either, and that all his actions were those
of an innocent man. In the first place, he was the
first to fetch the officer, which was not the act of a
guilty man. Again, he had called the attention of
the police to the marks of blood, and as regarded
1 the marks of soot on the arms, the prisoner had
slept with his wife, and there was nothing to show
I that those marks had not been there some time, and
the:prisoner's vocation easily accounted for such
marks as those. As regarded the scream which was
heard by one of the witnesses, there was no doubt
that the act was committed at that time, and it was
clearly proved by another witness that the prisoner
Gardiner was away at the time that scream was
heard, which was at six o clock.
His lordship said he was of the same opinion as
the witness, viz., that the scream was from one of
the children.
A witness was called, however, James Gardiner,
son of the deceased, who stated that the eldest child
was away, and the only persons who slept in the
house on Sunday night were the prisoner and his
wife, the prisoner Humble, and a little child two
years and a half old.
Mr. Lewis suggested that the scream could hardly
have come from the child. The medical gentlemen
gave it as:their opinion that deceased could not have
done it herself, but still it was only an opinion. It
was manifestly clear that the act was committed at
the time the scream was heard, and it was equally
clear that the prisoner was absent at that time.
There was no blood found about him, and when he
might, if he had been guilty, have escaped, he nad
remained and given every assistance in his power.
His lordship said he was of opinion that the
evidence was quite sufficient to justify him in com-
mitting the prisoner for trial, and he was bound to
send the case before a jury. He had his duty to
perform, and he considered his duty was to commit
him for trial. As regarded the girl, he had heard
nothing to inculpate her, and it it were in his
power he should discharge her, and, as far as he
was concerned, she was discharged.
Gardiner then received the usual caution, and
said he was not guilty.
The prisoners were then removed from the bar.
The prisoner Humble will, of course, be detained
on the coroner's warrant, notwithstanding his lord-
ship's decision.