The Sun.
London, England, 1853-04-08 00:00:00

CENTRAL CRIMINAL COURT-

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OLD COURT.
(Before Mr. Justice Erle.)
MURDER.

-April 7

Thomas Illackett, 30, described as a labourer, who was
remanded from the last sessions, was indicted for the
wilful murder of Eliza Lee.
Mr. Bodkin conducted the prosecution, and Mr. Parry
appeared for the prisoner.
The facts of the case are already familiar to the public.
The prisoner is by business a mason, and it appeared
that he and the young woman with whose murder he
was accused, had lived together as man and wife. He
subsequently married another woman, and seemed anxi-
ous to break off the first connection he had formed. The
murder of the deceased was said to have been caused by
his thrusting her into the Regent's Canal at a late hour
on the night of the 31st of January last. The prisoner
is a strongly-built man, of rather tall stature. He was
dressed in a white flannel jacket, and listened to the
opening address of counsel and the evidence with great
attention, exhibiting every now and then considerable
restless anxiety.
Mr. Bodkin, having stated at some length the facts of
the case, proceeded to call the following evidence.
Wm. Lee, a lab wring man, said he was the father of
Eliza Lee, the deceased. He last saw her alive on
Monday, the 31st of January, at half-past seven in the
morning. He knew the prisoner well. He and his
daughter had lived on intimate terms, but they had been
separated five or six months. He saw the body of his
daughter about half-past twelve on Monday night. On
the Monday and the Sunday she was in her best health
and spirits.
Cross-examined by Mr. Parry. She was a girl who
enjoyed a good flow of spirits. She used to come and
dine with him every Sunday. Witness's wife gave her
on Monday morning a half-sovereign to get some things
out of pawn which had been pledged by her and the de-
ceased in the Tottenham-court-road. He could not say
that his daughter had ever been tipsy ; she used some-
times to take a little when she went out marketing.
Eliza Lee, the mother, said the deceased and the pri-
soner have lived together five or six years. She slept
at my house on Sunday night, and I last saw her ox
Monday morning at half-past nine, when she left my
house. I gave her the half-sovereign to redeem some
blue merino and to buy some lining and trimming, in
order to make it up for my youngest child. I never saw
her alive again. I saw her dead body at St. Pancras
workhouse. She got her living by going out to work
and by ironing. The article produced is similar to that
which was pledged ; it had been in pawn about eleven
months.
Cross-examined—l have never seen my daughter in-
toxicated. She was very spirited, and was subject to
hysterics ; they were crying hysterics. She was full of
spirits and life. She was always happy, poor thing.
When she left she said she would be back in half-an-
hour, if she was not detained in the shop.
Re-examined—The merino was pawned for 3s.
Sarah Hermitage examined—My husband is a labourer;
he is an acquaintance of the prisoner. The prisoner
is a mason's labourer. I knew him when he
and the deceased lived together. I saw the deceased
last on Monday, the 31st January, in the Hampstead-
road about half-past 11 in the morning. She was alone
and carried a parcel. She showed me the contents of
the parcel. In consequence of something she said to
me about the prisoner, I went with her to Kensington.
We did not see him there ; we then went to Margaret-
street, Oxford-street, where he was at work. We then
saw him. Some conversation passed between him and
the deceased ; but I did not hear it. He then came out
with a basket under his arm, and went with us to a
public-house close by. He called for a pint of beer.
At that house he told Eliza that he was married. She
said she did not believe it. He said, " I am, so help
me God." She observed she would not believe it unless
he showed her the certificate. We then proceeded to
another public-ho Use in the New-road. We had there
another pint of porter, for which the deceased
paid. We next went to the Southampton Arms
in the same road, and had some gin. We left there
at half-past seven, and went to my lodgings in Pratt-
street. My husband came in about ten minutes past
nine. We there had some beer and tea. The deceased
was very cheerful throughout the whole day. I did not
notice any change in her manner after he told her he was
married. At my lodgings the deceased said, "Let us
have a song." My husband objected as it was getting
late, but she said she would sing, and she did so. They
left my house about a quarter past ten. She took the
parcel with her. The prisoner also carried away his
basket.
Cross-examined—They were on the best terms when
they went away at a quarter past ten. I had known
the prisoner and the deceased six or seven years. The
song she sang at my lodgings was a sentimental one—
"As I Wandered by the Brook." It was a foggy dark
night when they left—you could hardly see your hand
before you. Knew the deceased occasionally got intoxi-
cated.

Henry Kempson examined—My father keeps the Vic-
toria public-house in the Mornington-road, Camden-
town. I recollect seeing the prisoner and a female com-
ing to the bar, and having a quartern of gin to drink
about half-past 10 on the Monday night. I had seen
both the women and the prisoner before. I believe they
were sober. On the same night between 12 and 1, I
saw the dead body of a female at the Regalia public-
house. I believe it was the body of the woman
whom I had seen shortly before at our bar.
Henry Wilson, pianoforte maker, said he lived on the
banks of the canal, and that, on the night in question,
he had occasion to go into the garden, at the bottom of
which the canal was, about 11 o'clock. He there heard
a kind of gurgling sound, as if some one was in the
water, and immediately afterwards the feet of a man

coming rapidly up the passage which led down to
the canal. He appeared to be running fast. The
man had on a flannel jacket and trousers, and had a
basket with him. He appeared to be about 5 feet 8
inches. The man said, I think there is a woman thrown
herself into the water. Mr. Woolf, the landlord of the
Regalia public-house came up and asked the man to go
and assist. He said he would, and afterwards witness
heard a noise as of several splashes in the water. Mr.
Woolf went for a light, and witness waited at the water's
edge. The mart, who he believed to be the prisoner, did
not return with Mr. Woolf, and from something he said
he went in search of the rrisoner, and followed him down
Augusta-street, towards Cumberland-market, where he
met a police constable, and they both returned together
to the canal, and soon after the body of the deceased
was taken out on the opposite side of the canal by means
of a rope with a stone fastened to it, the body was then
taken to the Regalia public-house.
Police-constable Percival, 116 S, deposed to seeing a
man, which he believed to be the prisoner, passing
him at the corner of Augustus-street, about 11 o'clock of
the night of the 31st of January. The man was dressed
in a flannel jacket and trousers, and was coming from
the direction of the canal.
Charles Bow, 383 S, deposed that in consequence of
information he received he went to Eccleston-buildings
on the Tuesday morning, where he found the prisoner
living ' • a woman was sitting in the room with him,
whom he represented to witness as his wife, to whom he
had been married about a week before. Witness asked
him if he knew and had been with a girl named Lee the
night before, when the prisoner admitted he had, and
asked where she was. Witness said she is now in St.

Pancras Workhouse and dead, and you are charged
with causing her death by throwing her into the
canal. When he told the prisoner the woman was dead
the prisoner dropped his head and appeared desponding,
and after taking him into custody the prisoner bristled
up,rand said he would soon be able to clear himself.
Cross-examined- —There was no difficulty in finding
the prisoner. Did not tell him the charge against him
when he first spoke to him, but told him he was wanted
to erect a scaffold for Mr. Norris, his master. A duplicate
was afterwards found of a dress being pawned in East-
street, Marylebone.
Alfred George Gunn, pawnbroker's assistant, proved
the pawning of the dress and other articles produced by
the female whom the prisoner had stated to be his wife,
and which had been identified by the previous wit-
nesses as being the same dress which the deceased
was sent by her mother to take out of pledge on the
Monday morning, and the same as shown by the deceased
to the witness Hermitage, who accompanied her to find
the prisoner on the Monday.
Mr. Johnson, surgeon, deposed to being called in to
to see the deceased on the night of the 31st of January.
She was quite dead at the time he made an examination
of her person, but found no appearance of bruises. The
post snortent examination did not account for death ex-
cept from drowning.
Several other witnesses were called. At the close of
the case for the prosecution,
Mr. Parry addressed the jury for the prisoner.
Mr. Justice,Erle having summed up the case, the jury
deliberated for a short time in the box, and then ex-
pressed a wish to retire.
The jury left the court a little before four o'clock, and
remained in deliberation until half-past eight, when it
was announced that one of the jurymen was dangerously
ill. A surgeon was sent for, and shortly afterwards a
communication was made to the learned judge, and the
jury were brought into court.
Mr. Justice Erle inquired if they had agreed upon
their verdict, and they said they had not, and there was
no probability of their doing so.
Mr. Olding was then sworn. He deposed that he was
a surgeon. He had seen one of the jurymen, and he
believed that he was in a dangerous state of illness, and
that further confinement without sustenance might en-
danger his life.
The learned Judge then addressed the jury, and said
that under those circumstances they would be discharged
without giving a verdict.
The prisoner was ordered to be detained, and he will
be tried for the offence by another jury.

EXTRAORDINARY MARRIAGE.—Another
R AGE.—Another of those ex-
traordinary marriages, which
we reported about twelve
months
ago, has again taken place—namely, the mar-
riage of two deaf and dumb mutes, Thomas Omaley and
Catherine M'Kean. The marriage was celebrated in
the parish church of Ardtrea, on the 29th ultimo, by the
Rev. Mr. Jones, curate of that parish. Mr. Whitaker
acted as interpreter. Omaley was educated at Claremont,
near Dublin, is a native of the county Mayo, and served
his time in Moneymore to the tailoring business—which
he gave up, and joined Miss Wright's school, for the
education of the deaf, dumb, and the blind. Being an ex-
pert fellow, he soon learned to be an excellent carver in
wood. So clever did he become at the business, that
when the teacher whom Miss Wright had employed to
teach the others had left, he was fit to take his place
and to teach the others. Catherine was brought up in
Moneymore, and was educated at the same school. She
is afro very clever at the carving work, and not only at
this, but is also an excellent hand at any kind of needle-
work, eitker plain or fancy. They are able to earn from
12s. to 15s. weekly. They can both read and write
well. Dublin Freeman.