The Sun.
London, England, 1849-03-31 00:00:00

net connected with the parlour side of the house. He de-
sired me to fasten the front door up till he returned. Being
alone I remained in the parlour. It was nine or half-past
nine when he returned, and I heard him rattle at the porch
door. I went and asked," Who is there?" He said, "It's only
me; open the door." I undid the bolt, went into the parlour,
and said, "It's undone."
Mr. PRENDERGAST—Did you say anything to him?
Witness--When he came in he went up stairs, and I asked
him if he would have a light. The parlour door was closed
at the time. Ile said, " No; go to bed." I remained
a few minutes in the parlour, and he came down into
ite room.
Mr. PRENDERGAST—HOW was he so far as his dress?
Witness—He had neither coat nor shoes on. I could tell by
the noise that he wore shoes when he went out.
Mr. PRENDERGAST—What state was he in? Witness--He
appeared very excited, and looked pale and agitated.
Mr. PRENDERGAST—What did he say to you? Witness—
He told me to take the fire off and come to bed. I asked him
what was the matter—had anything happened.
Mr. PRENDERGAST —What did he say ? Witness—" No,
nothing. If you hear any inquiries for me, say I was out
only ten minutes."—(Sensation.) I then threw water on
the fire, and went up stairs to his bedroom, the door of which
I just opened, and went in about a yard. I said, " Which
room shall Igoin to sleep ?" He said, " Here," and imme-
diately after, " No, in your own."
Mr. PRENDERGAST—When he said that did he remain
where he was? Witness—No; he walked towards me and
said, You want your dress unfastened. Since I had been
at Potash we had always slept in the same bed. I went into
my own room then.
Mr. PRENDERGAST— Did you observe when you went into
his room, if there was a fire? Witness—Yes, there was a
fire burning brightly. I had lighted none before he came
home. When I was in my room I heard him go down stairs,
and come back again very shortly. When I retired lie ap-
peared to lock himself in. When I got into bed I bolted my
door inside.
Mr. PnExpEßGasT—Were you disturbed in the night?
Witness—Yes; about threesome one came and knocked. I
asked, " Who was there?" and he said, " It's only me; I came
to wish you good night ; undo your door."
Mr. PRENDERGAST—How did you observe him then ?
Witness—He came inside and was talking a great deal. He
said, " You must be firm. If any one asks you how long I
was out last night, you must only say ten minutes."
Mr. PRENDERDAST—What did you say? Witness—l
asked him what had happened? and he answered" Nothing;
you may hear of something in the morning."—(Sensation. )
Mr. PRENDERGAST—,What state were you in ? Witness -
I was trembling, and said I felt cold; to which he replied,
"You appear as if you had the ague." He then went and
brought his great coat from the room, and laid it on the table.
There was a great deal said that night.
Mr. PRENDERGAST—Did you make any observation to
him? Witness—l asked him several times for God's sake
what he had done, and why his hand trembled? But he re-
peated " Nothing."
Mr. PRENDERGAST—Did he say anything besides ? Wit-
ness—He said his poor mother would be ruined. He hoped
God would bless me, for I had done nothing wrong.
Mr. PRENDERGAST—Do you remember a peculiar pair of
boots which Mr. Rush was in the habit of wearing? Wit-
ness—Yes; a pair open at the side, with a loop behind to pull
them up. I have/ seen them drying repeatedly next morn•
ing as if they had been worn the day before. I had seen
them last on Saturday, but not since.
Mr. PRENDERGAST—Some days before this do you re- •
member Mr. Rush showing you a closet in the parlour?
Witness—Yes. He showed me where he kept his papers
that were valuable. No one, he said, knew the place but his
poor mother. He took up one of the planks, and showed me
how to raise it by a chisel, in case of fire. The closet in his
bedroom is always kept locked.
The prisoner here quietly requested that one of the blinds
should be raised, as the sun was shining on his papers and
dazzling his eyes. It was done.
Mr. PRENDERGAST—Did Mr. Rush ask you any questions
at breakfast next day ? Wituess—He said " You know
I had my slippers on last night," and I answered, "No I
don't."

The cloak was here produced, and the witness identified it
as belonging to the prisoner. It was made in London and
was kept iu his room.
The cross-examination now commenced, the examination
in chief having already lasted five hours.
The prisoner then proceeded to cross-examine, and the wit-
ness, after a momentary embarrassment, eyed him firmly.
He asked—Have you been told any evidence which you were
to give against me before you came into court? Witness—
No.

Prisoner—When did you come to Norwich? Witness—
The day before yesterday.
Prisoner—When were you examined last as to the evidence
you were to give in this court? Witness—Not since I saw
you last.
Prisoner—Have you been told any evidence that had been
given with respect to what passed on the night of the 28th
of November? Witness—Nd ; but I have read an account
of it.

Prisoner—When did you last see Mr. Cann? Witness—
About ten days ago. He asked me if ever I lived at King's-
cross ? sad I said, not. I gave, in writing, some of my evi-
dence to Mr. Cann before I was confined.
Prisoner—Have you not heard me give reasons for going
out after poachers during night? Witness—Yes; you told
me they were on the farm, and that you had found their
snares. I have seen the place where the pheasants were fed
in the plantation, near the house. The last time you were
out I remember you had no sport, and only winged one
pheasant.
Prisoner—ls it not usual for me, when out on business, to
go up stairs and clean myself before I go in ? Witness—l
can't say so.
The JUDGE—You may, I think, assume that.
Prisoner—Were the watches at Potash not very fast?
Witness—Yes, much faster than railway time, and so was
the clock.
Prisoner—At the time you were talking about the concert
I said I was vexed you were disappointed? Witness—Yes.
Prisoner—Was I not sitting on the easy chair a long time
before tea, and had you not your outside dress on? Witness
—You might have been sitting in the chair, but I had not
my outside dress on. You asked me to come and kiss you,
and 1 did and sat on your knee.
Prisoner—From what you saw then, do you think I could
be guilty of a crime like this? Witness—l should think not.
Prisoner—l should like to have the intercepted letter which
I addressed to the witness read, and also that to Mr. Cann,
in which it was enclosed.
The letters were read accordingly. They have already ap-
peared.
The JUDGE—The effect of this evidence is that you wrote
a letter to the witness, with another to Mr. Cann, requesting
him to communicate the substance thereof to her. Mr. Cann
saw the witness, and told her that you apologised and were
sorry for the harsh language which you had used towards her
before the magistrates.
The prisoner was proceeding to say something, when
The JUDGE interrupted him, saying—We can't hear any
observations frcm you at present.
Prisoner—From what you have seen of my character, and
of my attention to my religious duties, can you, speaking
solemnly before God, think that I could be guilty of this
crime? Witness —You always were amiable in temper
to me, and I never knew you otherwise to any one else.
You had prayers read every morning since you came to
Potash.—(Sensation.)
Prisoner—Have you not, when I was at prayers, knelt
down by the bedside by me and said your prayers at the
same time?
The witness, who became much excited, we understood to
deny having done so often ; upon which
The prisoner said, I know you did. Have you ever given
me any reason to believe that your conduct was not consistent
with the prayers which you then offered up? Witness—
Do you complain of my conduct towards you?
Prisoner—No, my dear; but I repeat the question. I
hope I feel that your conduct towards me at that time was
always what it should be. Have I not often told you that
my expenses were less with you than they had ever been
previously? Witness—Yes. I thought I ,was expensive,
and asked you; when you said to me that the amount of
your expenses was less than you had previously incurred.
Prisoner—l served a notice upon you to produce your
housekeeping account-books.
The JUDGE—Do you produce those books? Witness (in
tears)—l can't, my Lord; Mr. Rush took them from me.
Prisoner—Did you find say such books in my papers, Mr.
Cann? Mr. Cann—No.
The JUDGE— What can be your object in all this, prisoner?
It has nothing whatever to do with the case.
Prisoner—My object is to show the little expense we
were at.
'The JUDGE-4 dare say that will be admitted.
Prisoner—llave I not promised you that you would
never want a home while I had one? Witness—tou said so.
Prisoner—Was it not on that condition that it was agreed
between us that, after the second child was born, all con-
nexion would cease between us, and that I would be kind to
you if you continued to be my housekeeper? Witness, who
was greatly agitated, said " Yes."
Prisoner—At the time this conversation took place, was
it not agreed between us that one of my daughters should
sleep in the same room with you? and have you the least
doubt that that was done for your good, and that I was sin-
cere when I made that promise? Witness—You had pro-
mised me marriage.—(Sensation.)
Prisoner—Do you recollect the reasons which I gave you
for pressing on you that course? Witness—No.
Prisoner—Don't you recollect it was that we must not have
a house full of children? The witness (weeping bitterly)—
Yam must do this to wound my feelings.
The JUDGX—I can't allow you, prisoner, to hurt the feel-
ings of the witness in this manner. All this has no bearing
on the case; and were you defended by counsel you would
not be permitted to put such questions at all.
Witness (still weeping)—Did you not tell mamma I was
gone or going to France ?
Prisoner—l declare to God, my dear, I never did.
Witness—You did, for she told me so herself. You told
mamma I was gone to France with Mr. James, who had a

great sum of money.
Prisoner—l have no intention, my Lord, of wounding the
feelings of the witness.
The JUDGE—But your questions have that effect, and I
shall bind you to the strict legal path you should pursue, if
..._

you persevere. We have sufficienedifliCulty in disentangling
the intricacies of this case without involving ourselves in
irrelevant matters.

Prisoner—Was it not with a view to your becoming my
housekeeper, as I proposed, that I suggested you should be
called Mrs. James? Witness—No; it was done as a blind
to conceal the promise of marriage you made me.
The prisoner (in a confused tone)_l am quite willing to
acknowledge the promise. Have I not often told you that I
could find passages of Scripture that would justify our acts
if we committed no other sin; that God Almighty would
forgive us if we committed no greater sin ? (The indignation
of the whole court was so moved at this blasphemous ques-
tion, that hisses and loud cries of " Shame" arose, which the
officers at once suppressed. The witness gave no answer.)
Turning to the witness he then said, I hope you won't attri-
bute what I have said to any wish to hurt your feelings ;
but it is a question of life or death with me, and I am obliged
to put these questions.
Witness—It is indelicate and inconsistent to do so. Were
the
questions proper ones I would not object to answer them.
Pri6oher—Did I not sit at the fire a long time after tea on
the evening of the 28th of November? Recollect, for God's
sake. Witneasi—d i y
don't recollect it.
Prisoner—
nou suppose from what I said when I went
out that I should be back almost immediately? Witness—
Yes.
Prisoner—You werelike reading when I left. I now ask you,
on a solemn occasion
dl this, to recollect whether, from the
quantity you had lea, could have been away more than
half an hour ? W itness—lt would be difficult to say. I
was reading an interesting book—" The White Friars;" and
you seemed to return quicker than I had expected;sbnautulchtimads
read a great deal in the interval—l should say a
half a volume.—(Sensation.)
Prisoner (with considerable excitement of manner)—l am
sure I was not absent more than half an hour. I ask you to
swear on your oath, if it was more than an hour from the time
we had our tea till you barred the door after me in going out?
Witness-:-.1 can't say so.
Priv:Mei—Did you not say so in your examination before
the magistrates? Witness—l think not.
Prisoner—Then I must have the depositions read.
- They were read accordingly ; and it was found that the wit-
pea bad acid in gam that it we* ininc) than all laor.