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

THE SUN, LONDON, SATURDAY EVENI N G, JANUARY 11, 1862.

1856. He expressed great gratification at meeting
a friend of his parents. We talked for about an
hour and a half, and he conversed in the most cor-
dial, rational, and gentlemanly manner, When I
knew he was young Windham I immediately
watched him, because I had heard he was fond of
low company. On arriving at Yarmouth he walked
with me to my hotel, and afterwards I met him
once or twice in the town. In September I saw him
at a full-dress ball in Yarmouth. On that occasion
he was decidedly intoxicated. He recognized me
and spoke to me, complaining that the young ladies
would not dance with him, and I advised him to go
home. He was not making any noise. Ido not con-
sider a taste for driving railway engines a proof of
insanity, and such is the opinion of many who hold
a distinguished rank in society. Many years ago
I joined with half a dozen others in studying the
great motive power of modern times. We attended
a course of lectures at the Polytechnic, and went
into the matter as thoroughly as we could. After a
time we were allowed, under proper supervision,
to drive engines on railways. I must say, however,
that we were not permitted to experiment with
passenger trains, but were restricted to ballast and
coke trains. I can assure you that it requires a
good deal of skill, self-possession, coolness of head,
and delicacy of touch to drive a railway engine.
.It
is decidedly an intellectual study.
By the Jury—l do not know that Mr. Windham
has gone through the same course of study as I did.
If he can drive an engine—a point upon which I
know nothing—he must have received instruction.
Wm. Badcock, examined by Mr. Karslake, said
he was now valet to Mr. Windham. He entered
his service in Sept., 1861. At one time he was a
guard on the Eastern Counties Railway, and
on many occasions Mr. Windham travelled in his
van. He had seen him on the engine with the re-
gulator in his hand. Mr, Windham generally
talked about the management and working of rail-
ways, and seemed very anxious to obtain a thorough
mastery of the subject. He gave a dinner to between
30 and 40 people on Christmas-day. There was a
dance in the evening. Witness, by his orders, sang
negro melodies to amuse the company. During the
evening when the fun:was at its height, Mr. Wind-
ham put on a pair of hunting-breeches, and blacked
his face on the cheeks and chin, to resemble whiskers
and an imperial. He remained thus for two hours.
He was not noisy. The company were very merry,
but there was nothing like disorder. Mr. Windham
retired about a quarter past 2, and then the house
shut up.
Cross-examined by Mr. Chambers—Mr. Wind-
ham was not a queer or odd sort of young man. As
far as conduct and behaviour were concerned, he
was like others of his age. Witness never saw
him in the uniform of a guard, but he had seen
him with a belt and pouch and a common dog-
whistle. Mr. Windham often blew the whistle before
the train started. He did so under the directions
of witness. Some of the railway officials must have
seen him. He frequently told the passengers to
take their seats, and called out the names of the
stations. Witness could have trusted him with the
management of a train. Sometimes he sorted the
parcels in the van, and he did the work remarkably
well. He never paid anything for the privilege of
riding in the van, nor did he ever take champagne
or any other kind of drink into it. Occasionally he
treated witness at the stations. On the occasion of
his marriage he gave witness a silver watch and
guard, with the following inscription—" Presented
to Wm. Badcock, by W. F. Windham, Esq., in ac-
knowledgment of his civility and attention." Wit-
ness never saw him covered with dirt and soot like
a stoker. Stoking would be a strange occupation
for a young gentleman. Witness did not know how
his master spent his evenings:when in London. He
lived with Roberts, in Piccadilly. Sometimes he
would go out after dinner, but witness always found
him in his room in the morning. Witness did not
know at what hour he returned home. He never
accompanied him to the Haymarket. Witness
blacked his face to sing the negro melodies at Fel-
brigg on Christmas day. He had a banjo, and wore
a characteristic costume—a white shirt, knee-
breeches, and low shoes. The coachman was dressed
in the same way, and later in the evening Mr.
Windham made his appearance in a similar costume
and joined in the chorus, but he did not throw him-
self upon the floor and imitate the action of swim-
ming. The refreshments consisted of champagne,
cherry, ale, and a bowl of punch. The company
were merry and applauded the singing, but witness
did not think that the applause was monopolised by
Mr. Windham. (A laugh.) Mr. Windham went
to bed himself quite steadily, and rose next morn-
ing about 5 o'clock. He was now at Feibrigg, but
when in town he stayed at Morley's Hotel, having
broken off his acquaintance with Roberts. Witness
had not seen that person lately, nor had he seen
Mrs. Windham to speak to her since Christmas.
Re-examined—There was no pretence for saying
that Mr. Windham was drunk on Christmas-day.
He used to be fond of putting on a guard's belt, be-
cause he thought it gave him a kind of military
appearance.
By the Jury—Witness was not a valet before Sep-
tember last. The railway directors objected to his
accepting the watch and guard presented to him in
August by Mr. Windham, and, as they made some
difficulty about it, Mr. Windham agreed to take
him into his own service. His wages were £4O a
year. He kept a petty cash book, and his master
regularly looked over and checked the items.
Sir H. Cairns said there was one head of evi-
dence which he would wish to avoid, if possible. It
would be recollected that Mr. Windham, in conver-
sation with Dr. Tuke, spoke of certain circum-
stances connected with the conduct of two of his
uncles which led him to believe that they would not
come forward as witnesses, or prosecute their peti-
tion before a jury. Nothing could well be more
irksome than to adduce evidence for the purpose of
showing the grounds which Mr. Windham had for
believing in the truth of those statements, and he
should gladly refrain from doing so if Mr. Cham-
bers would give an assurance that he did not intend
to allege that the assertions of Mr. Windham were
altogether without foundation.
Mr. Chambers was prepared to say that he would
not use the statements in question as at all militating
against Mr. Windham's sanity,but, on the contrary,
he would deal with them as statements which might
fairly come out of the mouth of a rational man.
Sir H. Cairns expressed himself satisfied with the
assurance of his learned friend ; and
The Master congratulated all parties upon having
got rid of what might have been a painful and em-
barrassing head of evidence.

CENIRAL CRIMINAL COURT.--Jan. 10,

OLD COURT.

(Before Mr. Baron Martin.)
Win. Davis, who surrendered to take his trial,
was charged with the manslaughter of Maria Scholls.
Mr. B. Rigby conducted the prosecution, and the
prisoner was defended by Mr. Sleigh.
It appeared by the evidence for the prosecution
that the deceased was an old woman of 70, and that
on the 16th December she was in the ect of crossing
the road at Highgate-street, St. Giles's, when she
was knocked down by a cart laden with bundles of
wood, of which the prisoner had the charge, with
a boy, and the vehicle passed over her and inflicted
injuries of which she died shortly afterwards. Ac-
cording to the evidence for the prosecution, the
horse was going at a very fast pace, and the prisoner
was whipping the horse, and that was the cause of
the accident. Several witnesses deposed to the fact
of the animal going very fast, one of them stating
that it passed him " like a flash of lightning." Wit-
nesses were, however, called on behalf of the pri-
soner, who attempted to put a very different com-
plexion on the case, and from the evidence given by
them it appeared that the prisoner and the boy were
walking on the footpath, while the horse was not
going at a greater rate than five miles an hour, and
that while they were so going along some of the
bundles of wood fell off the cart upon the horse's
back and alarmed it, on which it started off, and the
accident happened before the prisoner could stop it.
It was also stated that the prisoner bore a very good
character, and was a steady, well-conducted man.

Mr. Baron Martin having summed up,
The jury retired to consider their verdict, and in
about a quarter of an hour they returned and found
the prisoner guilty, but recommended him to mercy
on account of the good character that had been
given of him.

Mr. Baron Martin said he quite agreed in the
verdict, and he believed the defence had been
made up to get the prisoner out of the scrape. If
he thought that he had been any party to getting
up that defence he should have passed a much heavier
sentence upon him than the one he was about to
do, which was that he be kept to hard labour for
three months.

NEW COURT.
(Before the Common Sergeant.)
The trial of the prisoners Edwin Turnbull, James
Gillett, James Hunter, and Thomas Smith, for the
robbery of silk belonging to the St. Katharine's
Dock Company, was resumed shortly after 10
o'clock. The jury, who had been at the London
Coffeehouse during the night, were brought into
court in the charge of the officers of the sheriffs.
Mr. Hawkins, Q.C. (specially retained), Mr.
Giffard, and Mr. Poland again appeared for the
prosecution ; Mr. Sergeant Ballantine (also spe-
cially retained) and Mr. Metcalfe appeared for
Hunter ; and Mr. Ribton, Mr. Sleigh, Mr. Best,
Mr. Kemp)
and Mr. Lloyd appeared for the other
prisoners.
The evidence for the prosecution was proceeded
with. _

Walter Galloway, a police-constable of the K
division, proved that on the 14th of November he

r

went to the residence of the prisoner Smith, who
carries on the business of a carman in Prince's-
street, Mile-end New-town, and asked him whether
he had been engaged in removing 10 bales of silk
in the previous month in one of his vans. He at
first denied having done so, but he afterwards said
that he would tell the truth, but he then stated that
he had lent his van to Gillett, one of the other pri-
soners, for the purpose of removing the silk to the
railway station, whence it was conveyed to Derby.
In answer to a question put by Mr. Sergeant
Ballantine, this witness stated that he told the pri-
soners he did not know what they might make of
him, or whether it was intended to prosecute him
for being concerned in the robbery or to make him
a witness when the conversation took place between
them. _

Inspector Holloway, of the K. 'division of police,
proved that he took Gillett into custody, and that
he denied having at any time been engaged in re•
moving silk. This witness also proved that a re•
ward of £6O was offered for the apprehension of
Agg and Hunter, and that in April last he went to
Calais and saw Agg at the Ship publichouse at the
place ; and he also ascertained by the books of the
French police that the prisoner Hunter had also
been at Calais, and went by the name of James.
John Mark Bull and Knight, two of the city de-
tectives, were then examined, and they proved that
in March last they saw Agg and Hunter at a pub-
lichouse in London-wall. They said they were
aware that Agg was engaged in the silk trade, and
he introduced Hunter to them as his partner.
This closed the case for the prosecution.
Mr. Sergeant Ballantine then proceeded to ad-
dress the jury for the prisoner Hunter. He com-
plained with much warmth of the most unfair man-
ner in which the prosecutors had conducted these
proceedings, egainst his client especially. The
charge which the speech of his learned friend dis-
closed against the prisoner Hunter was the reverse
of what it should have been. It was vague and
filled with generalities, and his learned friend
seemed at a loss as to what precise charge he should
ask the jury to convict Hunter upon. This mode of
conducting a prosecution rendered the position of
the counsel for the defence more difficult than it
otherwise would be. He begged the jury to dismiss
all the vague generalities and surmises of the pro-
secution,which had been thrown at them to make a
charge out of, and consider the real question, which
was whether the prisoner Hunter knew at the time
he was dealing with the silk that it had been stolen.
Whatever his indiscretion might have been in deal-
ing with it. and he (the learned counsel) admitted
that his indiscretion and folly had been great
through the whole of the transaction, yet they were
not to convict him for that. Beyond the sample
skeins of silk shown to Hunter, not,one had been
traced to him. The learned sergeant carefully scru-
tinised the evidence of the accomplice Debock, who,
he said, was wholly unworthy of belief by himself,
and the corroboration was of an insufficient charac-
ter. He again condemned the prosecution for not
producing the invoice of the silk given by Agg to
Newton, as that would go to show that his client
had not sold the silk, and, in conclusion, urged that
Hunter had not been shown to have got anything
by the transaction.
Mr. Repton, for Turnbull, argued upon the in-
sufficiency of the evidence, and the danger the jury
would run in believing the evidence of a man like
Debock. •
Mr. Kemp, for Gillett, briefly contended that the
part which he took in the matter could not be con-
strued into a guilty knowledge.
Mr. Best, on behalf of Smith, argued that the
evidence as far as he was concerned amounted to
nothing criminal, and he ought not to have been
sent for trial.
Witnesses were then called to character for each
of the prisoners.
throughTh The Common
eviSdeerngceea,nad commenting upon the
tnthen summed up, going
various points as they touched upon the conduct of
the prisoners. He defended the prosecution from
the attacks which had been made upon it, adding
that it was perfectly proper and legally conducted.
Great companies like these, with property from all
parts of the world, and worth thousands, ought to
avail themselves of every. power which the law
gave them for the protection of property.
The jury then retired, and after an absence of
about an hour and a half returned, finding Gillett
and Turnbull guilty of stealing the silk, and Hun-
ter of receiving it, but acquitting Smith.
The Common Sergeant sentenced Gillett and
Turnbull to three years' penal servitvde, and Hun-
ter to four years.
The Court then adjourned to Monday, January
27.

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