The Sun.
London, England, 1862-08-12 00:00:00

ASSIZE INTELLIGENCE.

MiDLAND CIRCUIT. WARWICK, Aug. 11.
(Before Lord Chief Baron Pollock.)
WILFUL
‘II.IIIRDER.
George Gardener was indicx..
-d for the wilful
murder of Sarah Kitty, a young woraal: to whom
he had been paying his addresses, and who was
his
fellow-servant.
The Hon. E. C. Leigh and Mr. O'Brien were
counsel for the prosecution ; Mr. Stephen appeared
for the defence.
The prisoner, a short, thick-set young man, with
a dogged cast of features, was employed as a wag-
goner at an isolated farm-house, a few miles from
Henley-in-Arden, and on the road to Redditch.
The deceased, who was employed at the same
farm-house in the capacity of maid-servant, eight
months prior to the murder, complained to the
housekeeper that Gardener had made several un-
successful attempts to kiss her ; he was, in fact,
desirous of paying his addresses to the girl, who
was extremely good-looking, and, moreover, pious ;
but his attentions were a source of annoyance to
her. Gardener's master remonstrated with him on
the subject, and nothing further was heard of the
matter, though one of the fellow-servants noticed
that he was in the habit of watching the deceased
through a little crevice which separated their bed-
chambers. The night previous he spent in drink-
ing, and on the morning of the murder he talked
wildly to his fellow employes about killing some-
body, and said deceased would not draw him any
beer; she deserved to be shot. His master was
absent at a neighbouring cattle fair, and taking ad-
vantage of this circumstance, prisoner speedily
carried his design into execution. His unsuspect-
ing victim drew him the beer he said he required,
and then retired to the washhouse where she was
employed. The prisoner soon afterwards asked her
to fetch the master's double-barrelled gun out of
the house. She did so readily, knowing he was in
the habit of shooting rooks with it, and she returned
to her washing. He took the percussion cap of one
nipple and nicked it, in order that when it was dis-
charged it might not hang fire. He then put on the
cap again ; and the girl was stooping over the wash-
ing-tub, when he fired at her, the charge entering
the spine just below the neck. The poor girl fell
back and died instantly. The housekeeper imme-
diately came up to ascertain the cause of the dis-
charge of the gun, and on seeing the girl told
Gardener to leave the house; and, after obtaining
powder and shot, as well as money from his
master's desk, he decamped across the
fields. He made his way to Stratford-on-Avon,
where he mixed with the crowd of visitors who
were commemorating the birthday of Shakespeare,
and succeeded in disposing of his gun and shot
pouch, and passing clean through the hands of the
police, to whom the murder bad been telegraphed.
He proceeded by train to Honeybourne, on the
Oxford, Worcester, and Wolverhampton line, and
having ascertained that he had plenty of time to
catch the mail train to Oxford, he went to a public-
house in the village, where he was indulging in deep
libations of gin, when the police walked in and ap-
prehended him drunk.
For the defence it was contended that the gun
went off accidentally, and so killed the deceased.
No witnesses were called.
The jury found the prisoner guilty, and he was
sentenced to death without the slightest hope of
mercy.

WESTERN CIRCUIT.—WELLS, August 11.
CROWN COURT.
(Before Sir F. Slade, Q.C.)
FORGERY. . _ _

Edward Strange, son of a banker, of Swindon,
was indicted for forging the name of George Gib-
bon to a promissoi yr note for the payment of £25,
with intent to defraud Robert Yare, at Weston-
super-Mare.
For the defence it was urged that the prisoner
was in a very miserable state of health at the time
he committed the crime.
The jury found him guilty, and on account of his
ill health he was sentenced to only twelve months'
imprisonment.

THE CASE OF SHOO7ING A WOMAN AT
ISLEW ORTH.

Yesterday afternoon, George Messenger, aged 25,
a zinc-worker, of George-street, Richmond, was
brought up in custody, from the House of Deten-
tion,Clerkenwell, and charged before J. Frere,Esq.,
and two other magistrates, at the Brentford Petty
Sessions, on suspicion of causing the death of a
young woman named Annie Barnham, by shooting
her through the head.
The prisoner was first examined on Friday last,
and aftewards remanded till Wednesday next, but
in consequence of the evidence that was adduced at
the inquest on Saturday the magistrates sent an
order for the prisoner to be brought before them
yesterday.
The evidence taken on the former occasion was
read over by Mr. Paunch, the assistant clerk, from
which it appeared that on Thursday night last,
about a quarter-past nine o'clock, police-constable
Coggin was on duty in the Twickenham-road, Isle-
worth, when he received information that a woman
had been shot in Brewhouse-lane. The prisoner
passed him at the time, and he was requested to
look after him, as he was suspected of knowing
something about the murder. The prisoner ap-
peared in an excited state, and he asked him to re-
turn with him, to which he at first hesitated, but he
afterwards accompanied him. When asked to ac-
count for,being in a hurry, he stated that he had a
return ticket and wished to catch the train at Rich-
mond. He was searched, but only a few apples
were found upon him. He had no railway ticket.
One of the constables who saw him believed he was
under the influence of liquor. The murder was
discovered a little before nine o'clock. A boy named
Randall was standing before the Railway Inn when
he heard the report of firearms from the direction
of the church. Soon afterwards another boy came
running to him, and told him that a woman had
been shot. He went to the spot, and found the de-
ceased lying on the footpath, her bonnet on fire,
and she bleeding from both sides of the head. An
alarm was raised,and the deceased,who never spoke,
was removed to the Union. Two witnesses were
examined, but they were unable to swear to the
identity of the prisoner. A young man was seen with
the deceased in Brewhouse-lane shortly before
the occurrence, but in consequence of its being dark
the witnesses were unable to speak as to the per-,
son. One, however, thought the man was much
stouter than the accused. The prisoner made a
statement to the effect that he knew nothing of the
murder—that he heard of a woman having been
shot before he entered the lane, and that he was on
his way to take the ferry to Richmond. Inspector
Rigarlsford investigated the prisoner's statement as
to where he had been on the day in question, and
he found it quite correct, and also that he was a
most respectable man, living in Richmond. This
was the substance of the evidence taken on Friday,
I and upon which the prisoner was remanded.
Inspector Rigarlsford produced the following ad-
ditional evidence :
Ephraim Coughtrey said—l am ostler at the Che-
quers Inn, Isleworth. Between eight and nine
o'clock on Thursday night I was sitting in front of
the house, when I saw the deceased in company of
a man, about five feet eight inches, with fair com-
plexion and light-coloured whiskers. I knew the
deceased. The man said, " Annie, have something
to drink," and she said, " No, Jem, I'd rather not."
I understood her to say " Jem." He went into the
house and called for a pint of ale. She drank one
glassfull, and he drank the remainder. I did not
know the man, but I had seen him once before. The
prisoner is not the man. There was no light out-
side the house. The Chequers Inn is about 10
minutes' walk from the spot where the deceased
was shot. They walked away quietly together.
She appeared very dull. I never saw her like it
before. The man had no moustache.
This prisoner is a dark-complexioned young man,
with a small moustache.
Thomas Barnham—l live at Isleworth. The
deceased is my
cousin. I was coming down Brew-
house-lane on Thursday night about 20 minutes
to nine o'clock. I saw the deceased and a tall
young man with her. He was dressed in dark
clothes like a groom. It was about 200 yards from
the place were she was found shot. I did not
know the man. I never saw him before. He
was walking in the road and she was on the path.
I did not hear them talking. They were going up
the lane. The prisoner was not the man. I did
not see the prisoner that evening. I was not ac-
quainted with the reputed husband of the deceased.
Inspector Rigarlsford was sworn, and said—From
inquiries I have made since the examination of the
prisoner I believe he is not the man who committed
the murder. The description given by the witnesses
correspond with the man for whom a search is being
made. I believe the man has absconded.
In answer to questions from one of the magistrates
the inspector stated that no powder was found on
the prisoner, nor any bullets.
The magistrates consulted together, after which
Mr. Frere addressed the
Bench had much satisfaction in discharging him,
as they believed him innocent of the crime, and he
would leave the court free from any imputation. In
discharging him they would bind him over in his
own recognisances to appear to give evidence when-
ever he received instructions.
The prisoner's recognisances were then taken, and
e
he left the court with a number of friends who had
attended to hear the result of the examination.