The Sun.
London, England, 1862-02-08 00:00:00

MURDER IN BA7CLII4VIIGHWAY.

Yesterday Patrick Devereux, an Irish sailor, who
is scarcely 19 years of age, was brought up on re-
mand before Mr. Selfe, at the Thames Pollee-court,
charged With the wilful murder of James Gardner.
The deceased, a -tery respectable and worthy man,
was formerly in the army, and for many xears kept
a boarding-house for seamen, at No. 1, Denmark-
street, Ratcliff-highway, which was well furnished,
and fitted up in a comfortable manner, under the
requirements of the Common Lodging-Houses Act.
The prisoner arrived here in a ship from Quebec on
the 25th ult., and on the same day repaired to the
house of the deceased where he was treated well.
Several of the prisoner's shipmates also hired apart-
ments in the same house, and speak highly of the
liberal conduct of their landlord towards them dur-
ing the few days they were in the house. The pri-
soner was paid off on Wednesday, the 29th ult. He
had only £3 to receive, which he gave to his land-
lord, to whom he was then indebted £4 5s for board
and lodging, cash and goods supplied, including
£1 4s 6d fer a suit of clothes, a cap, and a necker-
chief. A dispute took place between the prisoner
and the deceased on the same day, arising from a
very trivial circumstance. The deceased had charged
the prisoner 4s for the repairs of a pair of boots in-
stead of is 6d. The mistake arose in this way.
Gardner sent a pair of boots belonging to one of the
prisoner's shipmates to be repaired at the same
time, and the charge made by the shoemaker was
4s. This charge was made to the prisoner by mis-
take, and is 6d, the expense of repairing the pri-
soner's boots, charged to another man. When the
mistake was discovered Gardner corrected it imme-
diately. The prisoner, however, made a grievance of
it, and swore he would be revenged, and he kept his
word, for on the same night he stabbed Gardner with
a knife in the abdomen. The unfortunate man, who
was only 40 years of age, lingered for four days, and
expired. The prisoner is a short-necked, morose-
looking boy, in appearance 14 or 15 years of age ; but
there is no doubt he is within a few days of com-
pleting his 19th year. He was notorious for being
a lad of strong passions and ungovernable temper.
He was charged with stabbing a lad in Ireland be-
fore he went to sea, for which he was convicted by
a jury, and sentenced to eight months' imprisonment
and hard labour. The prisoner was anxious to get
back the £3 which he had paid to Gardner in part
payment of his debt, under pretence that he wanted
the money to go to Cork, but in reality to indulge
in sensual gratifications, and on the refusal of the
deceased to comply with his wishes the young ruf-
fian murdered him.
The statement of the deceased, taken in articulo
mortis by Mr. Selfe, in the presence of the prisoner,
has already appeared in our columns. Gardner ex-
pressly stated that the prisoner abused him several
times on the night of the 29th ult., and that while
he was talking to a neighbour, the prisoner, in a
most deliberate manner, stabbed him.
Mr. Morris Cohen, bootmaker, of No. 75, Ratcliff-
highway, after relating some previous transactions,
which the magistrate said were not relevant to the
case, said—l was with Mr. Gardner at the George
and Vulture publichouse, in Ratcliff-highway, at
half-past ten o'clock on the night of the 29th of
January. The prisoner followed us into the house,
came between the bar and the door, and said, "Now,
Mr. Gardner, are you going to give me the clothes ?"
or " chest" I can't say which. This was repeated
by the prisoner five or six times. Gardner was
smoking or filling a long pipe at the time. Gard-
ner said nothing to the prisoner, but he said to me,
" Mr. Cohen, it is a hard case to stand here and be
abused." The prisoner came to the house repeatedly
after that, and frequently said, " I'll let you know
in a minute," and went away again. About five or
six minutes afterwards I and Gardner left the pub-
lichouse together. Mr. Gardner was speaking to
me, when the prisoner came up and said, "Are you
going to give me my clothes and chest ?" and laid
on hiw.
Mr. Selfe—How did he do that ?

Witness—The prisoner thrust himself against
MT. Gardner, and laid on his shoulder. Mr.
Gardner said "Go away, you rascal," or "saucy
boy," and pushed him away. The prisoner imme•
diately made a plunge at the deceased, and struck
him violently on the groin. It was an under thrust.
Mr. Gardner ran back with the force of the blow,
and prisoner said " Take that," and stood with his
right arm extended, and a knife in his hand.
I called out, " A knife, a knife." Mr. Gardner ran
into the George and Vulture public-house, and said,
" Mr. Cohen, lam stabbed; go for a police con-
stable." The deceased took down his clothes, and
I saw he had a stab, and his bowels were pro-
truding.
In cross-examination by the prisoner, the witness
said, I heard you say "I had no knife." lam sure
you had one. I saw you first in Mr. Gardner's house
that evening. I did not want 4s. for heeling a pair
of boots. Mr. Gardner came to me about a mistake
I had made in an account rendered that day. I did
not say " You are a d—d rascal." Mr. Gardner
said, " You are a bad boy. You owe me 14 odd,
and you only gave me 13. I will keep the other
boy, but you shall go out of my house." Gardner
did not say, "I'll kick you out of the house." I did
not see Mr. Gardner strike you in the public house
or in his own house.

George Pitason, a Swedish seaman, said—l was
standing outside the George and Vulture public
house, and saw the boy Devereaux come out. In
two minutes Gardner came out. The boy had a
knife in his hand, and he went round and gave it
to Gardner.
Mr. Selfe—Gave what to Gardner ?

Witness—The knife. He sent it into his belly.
Gardner was smoking a long pipe, and went into
the Georg€ and Vulture with his hands on his side.
The prisoner dropped a knife.
The Prisoner—Did you not see the deceased kick
me and beat me ?

Witness—No, I did not; he never struck you or
kicked you any way.
Mr. J. B. Ross, physician and surgeon, of High-
street, Shadwell, was called to attend the deceased
on the night of the 29th ult., at 15 minutes before
twelve, at the King David-lane station house.
The deceased was suffering from an incised wound
in the lower part of ihe abdomen on the right side.
It was 3* inches in length. The gut was protruding.
The wound was dressed, and the deceased, who
would not go to the hospital, was sent to his own
home in a cab. He continued to attend upon him
in company with Mr. Adams, the senior surgeon of
the London Hospital, daily until his death, which
occurred on Sunday afternoon at 2 o'clock. Since
then he had made a postmortem examination of the
body, and discovered an internal wound an inch and
a quarter in length, extending through the walls of
the abdomen, and wounding the peritoneum. It
corresponded with the external wound. The cause
of death was peritonitis, occasioned by the wound
in the peritonium. 'l he whole of the body was in a
healthy state, except the liver, which was enlarged.
Robert Smith, a police constable, No. 353 K, said
he was called to the George and Vulture public-
house on the night of the 29th ult., about half-
past 11 o'clock. The primer wa's there and called
out " I am stabbed, I am stabbed." The women
who were about him said " No, policeman,
the man who is stabbed is in the publie-house ;
that boy is not stabbed." He went into the public-
house and saw Mr. Gardner, who exposed the
wound in his belly. The bowels were out. He
searched prisoner, and asked him if had a knife.
The prisoner said, " No, I have got no knife; you
will find no knife about me." He took the pri-
soner into the taproom, and Mr. Gardner said,
"That is the boy who stabbed me." Ho again
searched the prisoner, and stripped him, but could
find no knife. Mr. Gardner said, " You vagabond,
what did you do this for ?" The prisoner said,
" You should have let me have my things then, as
t
I wanted to go to Cork in the morning."
Christian Olson, a seaman, after confirming gene-
rally the evidence of Mr. Cohen, said he heard the
prisoner declare, in the presence of Mr. Gardner—
" I'll give you something you don't know of yet,
unless you come home and settle with me."
This being the whole of the evidence, the pri-
soner was cautioned in the usual manner, and called
on for his defence. _ _

He said—" I'll wait until I go before the judge."
Mr. Selfe—You are fully committed to take your
trial at the next Old Bailey session for the wilful
murder of James Gardner.

Yesterday Mr. Superintendent Hewitt, of the
Liverpool fire brigade, was severely injured by falling into
the cellar of a house in Greek-street, whither he had gone
to assist in putting out a fire.
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