The Sun.
London, England, 1853-09-13 00:00:00

ALLEGED MURDER OF A WIFE BY HER

HUSBAND.

James Hays, aged 35 years, an Irish labourer, in the
employ of Mr. Saint, a brickmaker, of Shepherd's-bush,
was yesterday placed in the dock of the Hammersmith
Police-court, before Mr. Beadon, charged on suspicion
of having caused the death of his wife, Elizabeth Hays,
by beating her about the head in a most brutal manner.
Long before the opening of the court, a large number
of persons, principally of the lower order of Irish, living
in the neighbourhood, including men, women, and chil-
dren, had assembled in the road in front of the Wilding,
for the purpose of seeing the prisoner brought from the
police station on Brook-green to the court to be examined,
and by the time the accused was expected there could
not have been less than 800 persons. Directly the pri-
soner was seen coming towards the court, in the custody
of several constables, the crowd commenced shouting
act yelling at him, and if it had not been for large
body of police of the T division, under the direction of
Inspector Cooke, violent hands would have been laid upon
the prisoner by some of the women, who cast upon him,
as he passed, all kinds of imprecations and threats ; and
to prevent any disturbance from taking place the ac-
cused was at once removed into the court, where he re-
mained until the night charges had been disposed of.
His countenance was exceedingly pale ; but, beyond
that, he displayed no signs of fear or contrition. About
three o'clock he was put into the dock, and the case was
then gone into.
Mr. Martin, a solicitor, who bad been instructed on
behalf of the prosecution by the deceased's brother-in-
law, detailed the facts of the case, which will be found
in the subjoined evidence, and added that the prisoner
had not been living with his wife for some time past,
but had been cohabiting with another woman on Notting-
hill. The deceased had lived in Kensington, and was in
the habit of going over to herAgsba,pd on Saturday
night to receive what money he chose to allow her for
her maintenance. It was on one of those visits that the
deceased received such injuries from her husband that
caused her death on Sunday evening last.

The first witness examined was Thomas Taylor, a la-
bourer, also in the employ of Mr. Saint, who deposed
that about half-past eleven o'clock on Saturday night
last he was in Shepherd's Bush market with the prisoner
and his wife, and another man named George. He saw
the prisoner knock his wife down twice with his fist.
When she got up the second time she ran behind witness
for protection. He told her to go from behind him, as
he thought the prisoner might fancy he was harbouring
his wife, and would attack him. She then went away,
and the prisoner ran after her, and threatened with an
oath that he would kick out her brains. He kicked at
her several times, but witness believed he did not touch
her with his feet. The prisoner also declared that he
would do for her that night. The deceased ran through
the market, and the prisoner followed after her.
Mr. Beadon—Did you see anything more of them
that night ?
Serjeaut Lowe informed his worship that the witness
was locked up soon after for being drunk and riotous.
The witness, in answer to further questions, said the
prisoner was intoxicated at the time, but his wife was
quite sober. Witness heard the deceased ask her hus-
band to come home, and he immediately struck her and
knocked her down.
Mr. Beadon —That was the answer, then, to her so-
licitation ? .

Dire4ly she made use of

The witness—Yes, sir.
the words he struck her.
Mr. Martin said, if the prisoner was remanded, he
should be able to produce a witness who would prove
hearing the prisoner threaten to do for his wife a week
ago.
The prisoner said he had no questions to ask the wit-
ness, but commenced telling his story of the transaction.
He was, however, stopped by his worship, who told him
he would hear anything he had to say after the witnes-
ses had been examined.
Edward George, a brick-maker, in the employ of Mr.
Saint, was next called, and he corroborated Taylor's
evidence in every particular.
The prisoner said his wife was blind drunk, and he
tried to get her home.
The two witnesses were recalled, and denied positively
that the deceased was in any way the worse for liquor.
George added to his testimony Ahe heard the wife
say "You had better leave me lone, and go home.
The reason you don't leave me alohe is because I have
asked you for some money.
Police-constable John Serle, No. 69, T. division, said
—About 20 minutes past one o'clock on Sunday morn-
ing I was on duty near Shepherd's Bush market, and
while standing close to the Royal Hotel I heard a noise
opposite where the ground has been dug out for the
foundations of some new buildings, as if some person
was scrambling up the bank. I thought it was the con.
stable on the beat, and I went across to the place to see
if it was him. It was very foggy at the time, and I
could scarcely see anything before me. I stood for a
minute, and not hearing anything, I got underneath
some railings and passed into the ground, I then
listened,Sut could not hear or see anybody, I then
turned on my lantern, and after walking about 12 yards
I saw the prisoner standing in front of me. I asked
him what he did there, and he replied with an oath,
" What business is that to you !" He appeared stupe-
fied at the time, and seemed to tremble very much,
which I attributed to his having been lying down in the
cold. He then turned his face to the spot where the
deceased was afterwards found, and continued standing
for a short time looking in the same direction. I told
him that he must leave the place, as he had no business
there, and I pointed to a spot where he could get out.
I then walked a few paces, thinking he was following
me, but on turning round I found that he had not
moved from the place. I then went back to him, and
saw that he had gone further down, which was nearer
to the place where the deceased was afterwards found,
and I told him that if he did not quit the place I
should be compelled to lock him up. He sighed, and
shivered a good deal, which I still attributed to the fog
and cold. He then went away, and I did not see him
return. I stood a short time about the place, and not
hearing any noise, and thinking the prisoner had gone
off, I came away, and heard nothing more until the
deceased was found in the morning. She was discovered
in one of the holes in the ground which had been
thrown up for the foundation of a house, within six
yards from the place where I saw the prisoner stand-
ing. If it had not been so foggy I must have seen the
deceased.
Mr. Beadon (to the prisoner)—Do you wish to ask
the constable any question ?
The prisoner—lf I was there I don't recollect it.
James Tarling, police-constable, No. 264 T, said—
Shortly after six o'clock on Sunday morning I was
about going on duty, when I had my attention called to
a field where foundations had been dug for souse new
house near the Royal Hotel, by some women, who told
me a female was lying in one of the holes apparently
lifeless. I went to the spot and found the deceased
quite insensible, and vomiting very much from the
mouth. She was lying upon her cheek, which was very
much bruised and swollen. I turned her over, and she
then tried to open her eyes. She managed to open one,
but the other she was quite unable to open in conse-
quence of it being so much swollen. I obtained the
stretcher, and with the assistance of another officer we
removed her to the station at Brook-green. I remained
with her until five o'clock in the afternoon, and during
the whole time she never spoke. She was then re-
moved to the house occupied by her brother-in-law in
Brook-green-place, • and I understand she died within
five minutes afterwards.
Edward Lines, the brother-in-law of the deceased,
said, about three o'clock on Sunday afternoon, in con-
sequence of the information he had received, he went
after the prisoner and saw him in Shepherd's Bush. He
told him the state his wife was in at the station, and he
replied, " Thank God, he had nothing to do with it, for
he had not seen her since eight o'clock the previous
night." The prisoner also said, " She was then very
drunk, and he persuaded her to go home."
Mr. John Brown, a surgeon, stated that he first saw
the deceased shortly after 7 o'clock on Sunday morning.
She was then in a state of collapse, being cold and quite
insensible. He did not at that time form any opinion as
to whether she would recover, but when he saw her at
half-past ten o'clock he thought she would not recover.
He could not state the cause of her insensibility, as it
might have been produced from drink or from a blow.
She appeared to have received a violent blow on the right
eye, and also on the lower jaw. The face was very much
swollen, and it seemed to him that the ball of the right
eye had been struck. It must have been done by some
round instrument, or by the fist of a man. He should
be able to discover the cause of death upon a post-mortent
examination of the body.
Mr. Beadon inquired if the coroner had been written
to, as it was necessary to have a post-mortem, examina-
tion
Inspector Cooke believed the beadle had forwarded
the necessary information.
Mr. Beadon then alluded to the state of the law, which
prohibited him from ordering ?, post-mortemn ivi
examination,ngth e
although he bad the accused in custody, d g
power to the coroner to order an examination to be made
when his proceedings were all taken in the absence of
the person charged.
Tarling said, when the prisoner was taken into cus-
Itody he said if she (the deceased) got drunk and knocked
herself about with a brick, he could not help it.
Mr. Beadon said he should remand the prisoner for a
week, and in the interim a coroner s inquest would no
doubt be held on the body, and if there was any fresh
evidence it could then be heard. and by that time the
cause of death would be known.
The prisoner was then removed, and upon the van
leaving the court he was again met with the shouts and
yells of the crowd who remained outside the building
until its departure for the House of Detention.

CHURCH RATES AT STOCETON-ON-TEES.—In the Holy
Trinity district of this town, a church rate, recently
proposed, has, on an appeal to the
numbers beingthe parishioners, been
itstion
negatived by a very large
for the rate 54, against it 191. The subject has
created great excitement in the Own, and the result
of the contest has been hailed as a great victory by a
considerable portion of the inhabitants,