The Sun.
London, England, 1865-01-20 00:00:00

The Murder near Portsmouth.

The magisterial examination in this case was resumed
and concluded at Portsmouth yesterday, the magistrates on
the bench comprising Mr. IL W. Ford (mayor), Captain
Maitland, Mr. R. M'Cheane, and Captain M'Coy.
Mr. T. Cousins, solicitor of Portsea, conducted the case
on the part of the Crown, and Mr. T. Field, of Gosport, ap-
peared for the prisoner.
The further evidence given on the first day's examination
beyond what was reported in The Sun of Wednesday was
not calculated to throw any additional light on the case,
with the exception of that given by Sergeant Poole, of the
borough police, who stated, in answer to questions put to
him, that he had known the deceased woman for some con-
siderable time, and had seen her in Portsmouth streets and
in publichouses with different men, and that within the
last 12 months, but could not say whether her husband had
ever been with her. For the past six or eight months he
had missed her.

The case yesterday was as follows :
Hannah Lillywhite examined—The deceased, Emma
Sophia Pipe; the prisoner's wife, was witness's daughter.
The prisoner and deceased were married last Christmas
twelvemonth. They had latterly lived very happily toge-
ther. On the afternoon of Monday, the 9th inst., witness
went from her residence in Surrey-street with deceased
down the main road towards Portsmouth to meet the pri-
soner, but not meeting him they returned and went toge-
ther to Mr. Oakley's beerhouse, at Fratton, arriving there
between 4 and 5 o'clock, and left again about 5. The wit-
' ness deposed to having partaken with her daughter and
Mrs. Oakley of the glass of beer, elder wine, and gin spoken
of by previous witnesses, and to the subsequent meeting
with prisoner and his violently striking the deceased and
knocking her down, and striking her while on the ground.
Witness became so excited that she could not now state
exactly what took place. Witness, with the others, had
been drinking spirits—gin. All had been drinking spirits
before that spoken of at the Red House. Could recollect
nothing more until seeing the deceased in a chemist's shop.
Cross-examined—Had some gin with deceased at the tap
of the Bedford Hotel before going to Mrs. Oakley's. We
went into another publichouse after that before reaching
Mrs. Oakley's. It was in Surrey-street. There we had two
measures of gin, but could not say now what sized measures
they were. Could not say when she (witness) first ascer-
tained that her daughter (the deceased) had been stabbed.
Could not say whether it was before or after the death of
the deceased. Could not tell whether the prisoner spoke
to the deceased or not before he first struck her. Could
not recollect any answer deceased made. Pressed upon
this point by Mr. Field, the prisoner's solicitor, the
witness said she could recollect nothing that was said
by either the deceased, the
.prisoner, or Mrs. Oakley. The
prisoner was a sober man. D not know that the prisoner
objected to the deceased visiting the Oakleys unless he was
with her. Deceased never told witness, or said in her pre-
sence, that the prisoner did not like her to visit the Oak-
leys without him. When the prisoner first came up to the
deceased, witness, and Mrs. Oakley, when the first blows
were struck, he looked very spiteful, but witness could re-
collect nothing after the blows were struck. She became
so excited. Before deceased was married to the prisoner
she was a girl of loose character, but not after.
Re-examined—The prisoner kiew the deceased eighteen
months or two years previous to his marrying he; and
must have known her character.

By the Mayor—Never had any words with the prisoner
relative to the deceased's visiting the Oakley's house. Was
afraid something was going to happen when the prisoner
came up looking pale and spiteful on the evening of the 9th
because he had given her blows before, and once for telling
the truth. Could not tell the cause of the prisoner looking
pale and spiteful. Had been in publichouses and beershops
with deceased, but had not been in the habit of doing so
latterly.
By Captain Maitland—Prisoner never complained of wit-
ness taking deceased about to publichouses or elsewhere.
Police-constable Harvey deposed to intercepting a letter
from the prisoner to his father which led to the prisoner's
apprehension.
Emma Rosina Lillywhite examined—ls living with her
parents in Surrey-street, Landport. Deceased was witness's
sister. The letter produced is in the prisoner's handwriting.
The envelope is not.
By the Mayor—Had seen the prisoner on many occasions.
Had seen a knife in his possession which he carried in his
pocket, but might not know it again if she saw it. It was
not so large as the knives carried by sailors at their belts,
but it was of that description—a shut-up knife. Had seen
the prisoner take the knife from his pocket and use it.
Richard Barber, superintendent of the Portsmouth
Borough Police, deposed to proceeding to Chertsey, and re-
ceiving the prisoner in charge from Mr. Superintendent
Murtell, of the Chertsey constabulary, and taking him to
Portsmouth. On arriving there and being charged with
the murder of his wife the prisoner made no reply.
Superintendent Murtell deposed to apprehending the pri-

soner at Newhall, near Chertsey. Conveyed the prisoner to
Chertsey, after telling him he was charged with the wilful
murder of his wife. On arriving there the prisoner cleared
out his pockets by witness's direction, and took from his
waistcoat pocket the knife produced. (The knife was a
most formidable though not a large weapon. Its blade
when open was kept open by a backspring, and was about
4in. long in the blade, rather narrow, and very sharp and
pointed.) In my opinion, from the appearance of the knife,
it has been recently sharpened. The knife is precisely in
the same condition, in every respect, as when received from
the priSoner.
Mr. Thomas Long, surgeon, examined—I am a registered
medical practitioner. About half-past sin the afternoon
of Monday, the 9th inst., was summoned to the chymist's
shop of Mr. Myles, and found there the deceased woman
sitting on the floor of the shop, throwing herself about, and
calling for "James." There was blood and marks of blows
on her face. On examination of her person, found a
punctured wound about the sixth rib on the right side of
the back, from half to three-quarters of an inch in length,
which must have been caused by some sharp instrument.
Attempted to probe the wound, but found resistance,
the parts being very much contracted.: Applied some strap-
ping to the wound, and the deceased was then put in a cab
and sent home to her mother's house. Went there soon
afterwards, and found the deceased then dead. In witness's
opinion death ensued from internal hemorrhage. The knife
produced is such a weapon as would produce the wound
spoken of.
George John Scafe, surgeon, made a post mortem exami-
nation of the body of the deceased on the 12th inst., under
a warrant from the Deputy-Coroner. Externally there were
bruises on the face and under the left ear ; an abrasion on
the right knee, and discolouration. On the back, about an
inch and a quarter from the spine, and over the sixth rib,
on the right side, was a transverse punctured wound. In-
, ternally there were a few drops of extravasated blood

under the scalp, but there was nothing in the head to ac- I
count for death. The right lung was slightly diseased.
In the left side of the chest there was no effusion, but on
the right side there was a large amount of blood behind
and below the right lung. On removing the lungs from
the chest found in the lower portion of the lower lobe of
the right lung a clean transverse incision extending an inch
and a half, or more. There were about three pints of blood
in the chest, partly fluid and partly coagulated. Traced
the punctured wound in the body, and found it sufficiently
large to pass a finger through it, the upper portion of the
rib being splintered. The large amount of hemorrhage
was sufficient to account for death. There were no other
appearances that could have caused death. The wound
could have been caused by the knife now produced (the
knife taken from the prisoner).
The case for the prosecution being closed, the deposi-

tions were next read over and signed by the respective
witnesses, at the conclusion of which Mr. Field addressed
the Bench for the prisoner, and commented in severe terms
on some portions of the evidence, particularly on that
given by the woman Oakley and the mother of the de-
ceased. His duty, however, he said, was simply to ask the
magistrates to commit his client for trial on the lesser
charge of manslaughter, and not on that of murder. What
the prisoner did, if he did it at that time, was the effect of
momentary passion, the result of his wife's conduct in
going about, as had been described, with her mother to
public-houses and beer-houses. IThe prisoner had married
the deceased, and thus gave her a chance of retrieving her
character, whether he knew of her previous character or
not.

At the conclusion of the learned gentleman's address,
which occupied some time in delivery,
_

The magistrates retired for consultation, and after 20
minutes' absence returned, when

The MAYOR, addressing the prisoner, said that the ma-
gistrates had given their gravest consideration to the
case with all its attendant circumstances, and they felt com-
pelled to commit him for trial at the ensuing assizes for the
county at Winchester on the charge of murder.
The prisoner, on being asked if he wished to say any-
thing, and being cautioned in the usual way, replied, " I
should like to say a few words," and read the following
statement from a paper he held in his hands:—
"I dearly loved my wife. For a long time past we had
been on the most affectionate terms. Being out of work I
crossed with her from Gosport to Portsmouth on the after-
noon of the 9th inst., and I called in at the shop of Loe and
Tout, smiths and engineers, desiring my wife to wait for me
outside. When I came out I found her gone. I went to
her mother's and found she was gone from there, but was
told there that she and her mother were gone to Mrs. Oak-
ley's beerhouse. I hated her going there unless accompanied
by myself, for I did not like Mrs. Oakley or the people who ,
frequented her house. When I got to Mrs. Oakley's I was '
told that my wife, her mother, and Mrs. Oakley were gone
to the Old Red House. I hated her going about from pub-
lic-house to beer-house in this way, and I had told her
often not to do so, and not to go to Mrs. Oakley's without
me. When I went further after her I met Mrs. Oakley,
who caught me in her arms and called me 'dear Jim.' I
followed her to find my wife, and I asked my wife where
she had been to ? She said, 'To Mrs. Oakley's.' I said,
' Where else ?' and she replied, ' I don't know.' Mrs. Oak-
ley then said, I'll tell you the truth, Jim ;' but I said to
her, I want the truth from my wife, Mrs. Oakley, and not
from you.' I was very much irritated at seeing my wife
and her mother in the state they were in at the time, and
I struck my wife a blow on the face with my fist. After-
wards a man knocked me down. When I got up I went
after my wife and her mother, who were going towards
Mrs. Oakley's house again. When I got near my wife she
said, make you pay for this.' I was so very much
excited after this that I don't know what happened, but
knowing that I had struck her with my fist in Fratton-
street, and that-she had threatened to make me pay for it,
I ran away, and have been very miserable ever since. I
didn't like her going about to public-houses without me.
This is all I have to say now."
The prisoner was removed from the dock, and the wit-
nesses were bound over in their recognisances to prosecute.