The Sun.
London, England, 1865-03-31 00:00:00

- -
THE SUN, LONDON, FRIDAY EVENOO, . MARCH. $.ll, 1865.

ASSIZE INTELLIGENCE

WESTERN CIRCIIIT--TAlns-roN, Arta: oh 30.
CROWN 'COURT.
(Before Mr. Justice Crompton.)

Henry Fisher was indicted for the wilful murder of Mary
Fisher, his wife, at Bath, on the 6th of January. -
Mr. T. W. launders and Mr. Mnrch were counsel for the
prosecution ; Mr. Prideanx defeLd;:d the prisoner.
The facts were extremely simple. The p:..._ max a
11nirneyman shoemaker, living with his wife at 2, North-
amp,— ^,streei., 13,4 h. He had been married 14 years, and
he and his wife has .:7-9,vs lived together on the most
comfortable and affectionate terns. They had had one
child, which happily had died some year. zinc,:. He was
a very well-conducted hard-working man, bearing an ex-
cellent character. It would seem that his mind became
tainted with a melancholy notion that things were coming
to a bad end with him, and that the introduction of machi-
nery in his trade would bring him and his wife to a state
of destitution, poverty, and want. This morbid feeling of
distress and misery he communicated to his wife. They
pondered over it, and one became as much distressed as the
other. They came to a resolution to end their woes by
putting an end to their existence, and the deceased was
heard to say that she should not mind if they could die
together. It did not transpire who was the first to suggest
it, but. determined to take poison, and a quantity of
laudanum was p. -^d at different times and at different
shops.

On Friday, • the 6th of January, the prisoner's stepmother,
Mrs. Fisher, called at their lodgibgz ^Thi knocked at the
door of their room, but not obtaining any answer sne
away. She called again in a later part cf the day, but with
the same result. She went again in the evening, and
knocked at the door until a faint voice answered, and
then the prisoner opened the door. She asked him what
was the matter. He replied "I could not help it. She is
not dead, but dying." A light was procured. Mrs. Fisher
said "What have you been about ?" The prisoner replied
"We have taken laudanum by mutual consent. We
worked each other up to it. We have each taken seven
teaspoonful of laudanum." The woman was lying on the
bed in a state of insensibility. Mr. Massey, a surgeon, was
sent for, but the woman never rallied. She lingered from
the Friday to the Sunday, and then she died. The prisoner
was taken to the Bath Hospital, and by great care and skill
was recovered.

The learned Judge, in summing up, observed that it
might be to be regretted that there were not different
punishments for different degrees of murder, but the law
was clear that in such a case as this the offence was that of
murder. If two parties agreed to commit-suicide and one
only died, the survivor was guilty of murder.
The jury retired for some time, and on their return into
court gave a verdict. of Guilty according to law, but recom-
mended him most strongly to mercy.
The Judge said he agreed in their verdict, and he should
join in the recommendation to mercy ; but still the law re-
quired that he should pass the sentence of death.

•
The prisoner said he had no feeling of revenge or malice ;
it was their weak minds, not trusting in Providence, as
they ought to have done. Whatever might be his fate, he
hoped it would be a warning to others.
His Lordship having put on the black cap, sentenced the
prisoner to death with all the usual formalities.

The prisoner looked the picture of misery and despon-
dency.

MIDLAND OIRCIIIT.—LEEDS, March 30.
• CROWN COURT.
(Before Mr. Justice Willes.)

Dennis Carr, Edward Hall, and Henry Smith were in-
dicted for a garotte robbery upon Mr. Matthew Coulson
Burnby, at Sheffield, on the 23d of December.
• Mr. V. Blackburn and Mr. Gully appeared for the prose-
cution; Mr. Shepherd defended Carr; Mr. Campbell Foster
appeared for Hall ; and Mr. Fitzjames Stephen represented

The prosecutor is mineral agent for Earl Fitzwillism, and
before the occurrence in question had been for some time
in the habit of carrying home from his place of business in
Sheffield to his residence in Victoria-road, Broomhall-park,
in a satchel the money he had taken in the course of the

day, and which generally amounted to from £lOO to .£2OO.
On the day in question the strap of the satchel had broken,
and, contrary to his usual custom, Mr. Burnby, when he
set out to go home between 6 and 7 o'clock in the evening,
took no money with him except the loose cash he happened
to have in his pockets. He had got within 200 or 300
yards from his house when he was pulled back from behind
and swung round. He then found himself in the presence
of two men, while a third, who in height and appearance
resembled the prisoner Smith, was watching at a distance.
Of the two mon who stood nearest to him, one struck Mr.
Burnby twice on the side of the head with some blunt in-
strument, which Mr. Burnby believed to be a " knuckle-
duster." The other man seized him by the throat and held
him while the first man struck him several blows upon and
below the ribs. Mr. Burnby then became insensible, and
was found shortly afterwards lying on the road. He was
removed to his house, but remained in a dangerous state

for some time, and was not yet recovered from the ill-
treatment he had received. Up2n examination it was dis-
covered that .£2 or £3 in silver:which Mr. Burnby had in
his pocket, a silver watch, and 'a gold pin sot with an
amethyst had been taken.

The evidence connecting the prisoners with the robbery
was chiefly that of a man named Martin Cooper, a watch-
maker, who stated that-on the night in question, between '7
and 8 o'clock; the prisoners Hall and Carr cattle to his house,
which was aboitt three quarters of a mile distant from the
scene of the robbery. Hall produced a silver watch bearing
the same name and number as that taken from Mr. Burnby,
and Carr a gold pin with an amethyst in it, which he
handed to the witness, saying, "By be careful with
it, for there's 20 years and a good flogging for it." Cooper
then, by Hall and Carr's directions, broke *up the pin and
erased the name and number from the watch, washing it over
with aqua fortis to give the scratches the appearance of
age. The men theti asked Cooper if he would give 30s. for
the watch, which he agreed to do. On the following even-
ing Hall and Carr came again, and were shortly joined by
Smith, and subsequently by a man named Skinner. While
Smith was out of the room Hall said to Cooper, in the pre-.
sence of Carr, "Can you pay me for that watch and pin 2"
Cooper then gave Hall the 305., and Hall having given Carr
10s. said, " It's a fine lot for five of us to be in. We expected
to get £100." The next morning Cooper saw an account of
the robbery in the papers, and, taking the watch to Smith,
asked him to hide it. Smith did so, and kept it for some
days, until Cooper went to him again, and having obtained
the watch, laid it in a hedge bottom. He then went to the
police and. gave information which led to the apprehension
of the prisoners.

Upon cross-examination Cooper admitted that he had been
charged with a burglary at Mr. Myers's at Sheffield, when
£5,000 of jewellery was stolen, but was acquitted. In last
January he was apprehended along with two other men
named Silvester and Jones, having been caught in Mr. Fur-
ness's grounds as they were about to attempt a burglary
but he stated "that he had himself given the information
which led to the capture and had borne testimony against
the other two when they were convicted. He said that,
finding himself getting more and more deeply implicated
with Hall and Carr, and men of a similar character, his
conscience pricked him, and he had resolved to give infor-
mation. He denied that he had himself taken any part in
the attack upon Mr. Burnby.

This witness was corroborated in some of the particulars
of his account by his wife and his brother-in-law, who were
present at one or other of the conversation§ between Cooper
and Hall and Carr. In consequence of Cooper's revelations
Carr was apprehended, when a knuckle-duster was found
upon him. Hall was also taken after a desperate resistance,
and in his possession was found another knuckle-duster
and a life-preserver.

At the close of the prosecution,
The learned Counsel for the defence contended that
there was no evidence against the men for whom they re-
spectively appeared, except -the uncorroborated testimony
of accomplices, and Mr. Campbell Foster cited a case of
" The King against Neale," in the 7th volume of " Car-
rington and Payne's Reports," in which Mr. Justice Parke
is reported to have held that the testimony of the wife of
an accomplice is no confirmation of the evidence of the
husband, and that when there is no other corroborative
evidence the prisoner ought to be acquitted.
His Lordship observed that this was contrary to all his
notions. He did not think that because a wife knew that
her husband had stolen property in her house and did not
at once go and give information to the police she was not
to be believed upon her oath. He must suppose that the
case referred to had been misreported. Moreover, he was
of opinion that in this case there was corroborative evidence
independent of that given by Cooper's wife and brother-
in-law.

For the defence it waS contended on behalf of Hall and
Carr that they had nothing to do with the robbery, that
Cooper could not be credited, and that his evidence was not
sufficiently corroborated to make it safe for the jury to rely
upon it.

For Smith, against whom the case, so far as it depended
on Cooper's ev:doncc, was weaker, witnesses were called
for the purpose of establishing an alibi.
The trial was not concluded till 4 o'clock, when the jury
retired to consider their verdict. After an absence of 25
minutes they returned into court and found Carr and Hall
guilty of the robbery, and Smith guilty of receiving the
goods knowing thereto hay 6 been stolen.
All the prisoners have been previously convicted.
Carr was sentenced to penal servitude for life, Hall for
20, and Smith for five years.

NORTHERN CIRCUIT.—LIVERPOOL, March 80.
CROWN S.
(Before Mr. Justice Mellor.)
Henry Dapper Grey, Henry Webb Channon, and David
James were yesterday charged, the two former with having
burglariously broken and entered the. dwellinghouse of
William Critchley, and stolen therefrom a great quantil
of watches, rings, chains, and other aLlicle.
the value in all of £1,800; and the '.
ceived the property kn•l- -•
Augustus Dr,-
cope

co

cn having re-
be stolen. A man called
also in custody charged with being
the burglary, but there not b.:3ing sufficient
7.sience against him he was not put upon his trial, and he
was discharged on the conclusion of the case.

Mr. Aspinall, Q.Ol and Mr. W. 0. Oulli,;ere the counsel

for the prosecution ; gr. Torr defended the prisoner Grey,
Mr. Littler Channon, and Dr. Commins James. _

Mr. Critchley was a pawnbroker in Liverpool, and at the
time of the burglary the prisoner Channon was employed
in his establishment, and had'been so for some time. 'Th3
burglary was committed by some person concealed within
the promises, who had broken out, so as to constitute the
offence, and within a day of the occurrence Channon was
in the company of Grey, who was at that time in Liver-
pool. About eight o'clock on the evening of the 2d of
closed, and a boy named Bethel
searched the pledge-boxes an.. ::^ the shutters, while
Channon stood at the shop door, so that no have
entered without his knowledge, and it was suggested that
the prisoner Grey was secreted In one of the pledge-boxes
which the boy did not afterwards examine. About half-
past 1 in the morning the housekeeper, Mrs. Kent, was
awakened by the loud barking of a dog which lay in the par-
lour at the back of the shop, and the door of which was
locked. She woke Channon, and they went down into the
parlourwith a lighted candle, and Channon coaxed the dog
quiet, and, looking into the dark shop with the lighted can-
dle it his hand, told Mrs. Kent that all was right. They then
went to sleep again, and at 5 o'clock in the morning the po-
lice found the door of the shop into the passage open, and
thereupon roused them up again. The door had been opened
from the inside by forcing off a padlock, and probably the
noise of doing that had disturbed the dog. It was found
the next day that Grey had gone to London, and on the sth
abox arrived from Liverpool at his lodgings therein Chapel-
street, Tottenham-court-road. A few days after the Vox
James arrived in the Chapel-street lodgings, Grey living
there unde. q name .7.',.nnett, and James under tisk of
Selby. The men then proceedai t" of cue ytoycrty.
A ring was given to a Mrs. Hillyard, the wife of a publican.
The prisoner James induced a man named Hill to pledge with
a Mr. Walter, a pawnbroker, articles to the value of £75,
and he himself disposed of rings to the value of £35 to At-
tenborough, the pawnbroker. The rest of the property
they had pledged at Portsmouth, Southampton, Southsea,
and other laces. Grey was arrested in London by Carlisle,
a d officer. The officer saw him in Drummond-
street with Douglas, from whom he turned quickly away,
when he caught sight of the officer. Carlisle followed him "
and said, " Here, my gentleman," when he - turned:round
and said, " What charge do you want me for, Mr.
?" The officer M'Vetey arrested Douglas, and both
prisoners were put into a cab. Grey put something into his
mouth, and Carlisle put up both windows and desired him
to take it out. He took out a sovereign and said, " Carlisle,
don't think I am a d— fool to keep any of the stuff
about me." He said to Douglas, " You be a man.; know
nothing ; say nothing ; watch me, and see how I will do."
On the way from London to Liverpool in the train he said,
jocularly, to Douglas, "If we are found guilty, you will
get six years and I will get twenty ; and we shall have to
put up with it. Inspector Jermyns, of the Portsmouth po-
lice, searched the lodgings of the prisoner James in South-
sea, andfound a tin case there containing some gold chains,
a gold locket, and others of the articles lost.
After the addresses of the learned counsel and the FIRM.
ing up of his lordship,

The jury, after a deliberation of about 20 minutes, found
a verdict of guilty against all the prisoners.
Grey and James were sentenced.to 14 years' penal servi-
tude each, and Channon to 12 years.
On the conclusion of the case his Lordship called the
two officers, Carlisle and M'Vetey, into the witness-box,
and, remarking, that he could not speak in too high terms of
their conduct in the case, ordered them to receive £2 each.

SPORTING INTELLIGENCE.

TATTERSALL'S, THURSDAY.

Prom the Wetherby, Lewes, and Reading meetings being
on, the attendance of subscribers was confined to- about a
dozen old stagers, and beyond a trifling outlay on Mail
Train for the-Northamptonshire Stakes at 12 to 1, not a bet
was booked. For the Ten Thousand 7 to 2 was the highest
offer against Broadalbane, who in the morning at the Club
was backed for upwards of ZlOO at that prig.;, and let off
with a rising tendency. For the Derby, at the same place,
3,000 to 100 were laid against Chattanooga. The quota-
tions on the other races were unchanged ; but we should
state that Thalestris, Lion, and Arcturus were scratched
for the Northamptonshire Stakes yesterday morning.

NORTHAMPTONSHIRE STARES.
10 to 1 agst Skeffington (taken)
12 to 1 agst Mail Train (taken)
100 to 8 agst Hartley (offered)
14 to 1 agst Battaglia (taken)
THE TWO THOUSAND.
100 to 30 agst Liddington (offered)
7to 2 agst Breadalbane (offered, take 4to 1)
10 to 1 agst Chattanooga (offered)
14 to 1 bar three (offered)
BETTING AT MANCHESTER—THURSDAY.
NORTHAMPTONSHIRE.
10 to 1 agst Mail Train (taken)
100 to 9 &gat Hartley (taken)
100 to 8 agst John Davis (taken)
100 to 7 agst Huntsman's Daughter (offered)
100 to 6 agst Fantail (taken ane offered)
20 to 1 agst Skeffington (offered)
25 to 1 agst Swordsman (offered)
25 to 1 agst Gibraltar (offered, take 30)
100 to 3 agst Grinder (offered)
100 to 3 agst Vest colt (offered)
40 to 1 agst Lion (taken and offered)
CITY AND SUBURBAN.
10 to lon the field (offered)
20 to 1 agst Lampoon (offered)
25 to 1 agst Mail Train (taken)
100 to 3 agst Swordsman (taken)
CHESTER CUP.
11 to 1 agst Lord Zetland (taken)
13 to 1 agst Lion (offered)
100 to 6 agst Ackworth (offered)
25 to L agst Grinder (offered)

THE GRAND NATIONAL HUNT STEEPLE-

CHASES.

The success of Wednesday was more complete than we
at first supposed; nearly 40,000 people are estimated to have
been present on the ground, and the stand receipts were
close upon £doo, £5O in addition being taken for the car-
riages. The only thing wanting was the brilliant sunshine
we were favoured with to-day (Thursday). The air was
like May or June, and it was strange to hear that there
bad been snow in London. The only race of interest to-
day was the Great Yorkshire open handicap, which afforded
a very brilliant finish between King of Hearts and Creole,
the former winning by a head. The
.rest were farmers'
events. The only drawback to the success of the meeting
has been the sad want of punctuality in keeping the hour
• fixed on the card. The stewards seemed unable to keep
any regularity in this respect, and the proverbial dilatori-
ness of gentlemen jockeys was allowed the utmost limit.
The Bramham Moor Cup, of at least 60 sovs, given by the
town and neighbourhood of Wetherby, added to a sweep-
stakes of 10 soya each, h ft, for hunters ; to be ridden by
gentlemen or by farmers. Distance, about four miles. 7
subs.
Captain Vyner's Bryan, aged, 13st (Captain Knox) 1
Mr. R. Vyner's Hind; aged, 13st (Mr. Coventry) 2
Mr. H. V. Wilkinson's Magpie, aged, 13st (Owner) 3
The following also ran :—Cock Robin, King Arthur,
Buccleuch, and Maria.

Betting-7 to 4 agst Buccleuch, 100 to 30 each agst Bryan
and Maria.

Bryan took a commanding lead, with nothing else near
him, the others, apparently under the impression that it was
no start, pulling up, but upon finding their mistake, going
on again. It was too late, however, to reach Bryan, who,,
though passed at one time by Hinds, soon resumed his lead,
and won easily by six lengths. Magpie was a bad third.'
An objection to the start was overruled.

Tha Great l'orkshire Open Handicap Steeplechase, of 10

sovs each, h ft, with 100 sovs added. About four miles.

20 subs.
Mr. J. J. Oakden's King of Marts, 6 yrs, llst 21b
(Page) 1
Mr. Virelfitt's Creole, aged, 12st 41b (Waddington) 2
Mr. F. Hardinge's R. M. D., 5 yrs, 12st (Mr. Thompson) 8
Mr. B. J. Angell's Bridegroom, aged, list 121 b
(Mr. Coventry) 4
Mr. F. Milbank's Rathronan, 5 yrs, list 91b

(Captain M'Grath) 5
Foresight and Fly-by-Night also ran.

. Betting-6 to 6agst Creole, 4to feach agst Bridegroom
and King of Hearts, 5 to 1 agst Fly-by-Night, and 6 to 1
agst F.M.D.

Foresight rushed to the. front, followed by R.M.D.,
Rathronan, Creole, and Bridegroom, Fly-by-Night bringing
up the rear. The leader continued the running until falling
at the first fence after passing the stand. He left Bride-
groom in the van, who went on with Creole in attendance,
close up with whom were R.M.D. and King of Hearts,
Fly-by-Night retiring about this point. On the far side the
last time round King of Hearts improved his position,
and a very fine race ensued between him, Creole, and
R.M.D., Mr. Welfitt's horse coming with great gameness at
last, but failing to reach King of Hearts, who won by a
head, R.M.D. finishing three-parts of a length behind
Creole.

•
The .Dealers' Stake; of .5 sovs each, with 25 added; the
winner to be sold 150 sovs t if for 100 sovs, allowed
71b ; five-yr-olds to carry list ; six-yr-olds, list 91b ;
aged, 12st. Winners of 50 sovs 51b extra, of 100 sovs,
or upwards, 101 b extra ; half-breds allowed 71b. About

•
3 miles.
Sir. IL Walker's. Miss Joyce, aged (h.b.) lOst (£100)
alkeri
llon. C. L. Fox's Miss Actl're, 5 yrs (h.( b), lOstW (.£lOO 1
(W. Snowden 2
Mr. Marley's Maid of tho 31111, aged, list 71b (.£150)
(Mr. Marley) 3
Mr. R. Barker's Arbitration, aged, list 71b (£100)
r• • •.t-,\ 4
• - •

Chain :7. -

tiro": uiso ran.
en on Miss Joyco, 3 to 1 agst Magician, sto
1 agst Miss Active, and 6 to 1 agst Chain Jumper.
Miss Joyco and Miss Active jumped off with the lead,
and continued the running without being approached.
Chain Jumper refused, and Magician fell. The others
were never in the race, and Miss Joyce won a good race
from Miss Active by a neck. Maid of the Mill was a very
bad third. The winner was not sold.

The Farmer' Opera Steeplechase, with M loot 50 5070

added, for horses the property of farmers occupying 100

acres of land in Great Britain. About four miles. -
Mr. Bygott's Bridegroom (h. b.), aged, 12st 101 b
(Mr. G. Harland) 1
Mr. D. Collings's Express aged, 12st 101 b (Owner 2
Mr. L. Nicholson's Jane Puff, 5 yrs, 12st (Owner 3
Mr. Roughead nas Maria (h. b.), aged, 12st. 101 .

(Mr. Coulston) 4
gr. Kirk's Westwiek (late Useless Brute), aged 12st 101 b

"(-dr. I Batty) 5
Mr. J. Shepherd's Bounding Brick, aged, 12st 101 b
(Mr R. Shephd)
Mr. H. Lambert's Dr. Bowe (h. b.), 6. yrs, 12ster 61b 6
(Mr. Fewson) 7
-t7-7--5 to 4 agst Bridegroom, 7 to 2 Express, 7 to 1
agst any other.

Bounding Brick made play, _ ' Express and Dr.
Bowe, and continued in front until passing the last turn,
where he fell, one fence from home, and the race was left
to Bridegroom and Express, the former winning by a
length; Jane Duff was a bad third.