The Sun.
London, England, 1849-11-30 00:00:00

CENTRAL CRIMINAL COURT.

OLD COURT.
(More Mr.,Baron ALDERSON and Mr. Justice
CuEsswELL )
MURDER AT MILBANK PENITENTIARY.
(Continued from our Afternoon Edition of yesterday.)
Mr. BALLAIiTINE, en the return of thejury, addressed
them on the part of the prisoner, observing that he was
afrail, trader the circumstances, they could come to no
other conclusion than that he inflicted the fatal blows
upon the deceased Hall; but what he wished to submit
to their consideration was, that at the time of the lament-
able occurrence he was not under the control of his
reason, and was irresponsible for his actions. He had
inherited lunacy from his family, and though he had
lucid intervals, the disease, like paralysis or apoplexy,
would return in a moment without the slightest nv,arning,
arid was it not likely that, worked upon' long
confinement and the ti rror of being sent to
the Model Prison, a fit of madness might not
have burst upon him when he struck his
untortunate victim? lie should show that the prisoner
two sisters, both of whom were lunatics, and also an
aunt, who was afflicted with the same disease, and lock-
ing at the who'e evidencf,, ho thought they would con-
clude that he was a person more to ho pitted then con-
victed. At the conclusion of his address the Learned
Counsel called the following witnesses:—
Mr. Nathan Constadt, a surgeon, iu St. Marj Axe,
said he had known the family of the prisoner for many
years, and had attended them professionally. Knew his
sitter Amelia, who died two or three years no. He
knew her from her biith; she was mad two or thrie
years before her death. The disease was hysterical
madness. I know that his aunt is in confinement. The
whole family are of weak minds. A cousin of the pri-
soner wtvmpted to c)mnait suicide by throwing herself

into the river.
Cross-examined by Mr. Bomar; —I know nothing o
the aunt hut what I have beeu told. The sister was
about 25 years old when she died. She was suffering
crom hysterical monomania, and had to be confined, and
was sometimes so bad as to be held down in her bed.
She was at one time an inmate of the workhouse. She
was sometimes ill for months together, and was never
well. She died of insanity.
Mr. Blyth, resident medical officer on board the hos-
pital-ship the Unity, at Woolwich, said, in March, 1846,
the prisoner came on board, and I attended him, and
both Mr. Bossey and myself were of opinion that he was
insane. He laboured under a delusion that some one
intended to hurt him, and at night he used to shout out
that some one was murdering him. He remained several
weeks insane, but gradually recovered. He was received
on other occasions at the hospital when he was suffering
from dyspepsia and an ulcerated sore, which he thought
might turn into an abcess. Hereditary insanity is very
seldom cured.
Mr. BODKIN then called the following witnesses:—
Dr. Sutherland, jun., said I am a physician, confining
my practice and attention to diseases of the mind. By
the direction of the governor, I visited the prisoner on
two occasions in Newgate, when I had conversations
with him. I formed an opinion en the state of his mind.
I asked him if he recollected when the murder was com-
mitted, and he said he did. I spoke to him about his
history, and he said he was out of his mind in 1846, and
that the convicts said if it had not been fur the officers
in the ship he would have thrown himself overboard.
This he said he did not recollect. If the prisoner was
insane, or really mad in 1646 from terror, I should think
it very probable that the same cause would produce tem-
porary insanity again.
Mr. M'Murdo, surgeon of Newgate, said he bad seen
no symptoms of insanity exhibited by the prisoner while
in the prison. If a person in the early part of 1846
was seized with temporary insanity from terror, and was
sane for two years afterwards, but was subsequently
atf, cted by terror, I think insanity might again return.
Mr. BODKIN then made a few observations in reply,
but was interrupted by
Mr. Baron ALDERSON, who said there was really no
question in the case, for although there could be no
doubt about the guilt of the prisoner, it was equally
clear, from the evidence which had been given, that ho
was a person of weak intellect who had been once mad,
and who at the time of the murder might have been
seized with a return of his madness by circumstances
acting upon his mind, and thus become a creature irre-
sponsible for his actions. If the jury thought he was
sane they would find him guilty, and if not they would
return a verdict of insanity.
The jury, without leaving the box, returned a yerdict
of Not Guilty, and found that he was insane.
The prisoner was then removed.

THIRD COURT.
(Before Mr. BULLOCK.)
Richard Fidler, aged 30, was indicted for stealing
a cheque for the payment of 351., a bank note of the
value of 51., four sovereigns, and other moneys, the
property of William Watson ; and William Wheeler,
aged 42, was indicted for receiving the cheque, know-
ing it to have been stolen,
Mr. O'Brien appeared for the prosecution ' • Mr.
Prendergast defended the prisoner heeler, and Mr.
Parnell appeared for Fidler.
Mr. O'BRIEN, in stating the case to the jury, said
it was one of a most important and singular nature,
and would require more than an ordinary amount of
their consideration to ascertain how far the case was
pressed against the prisoner Wheeler, and whether
the share he had taken in the transaction was sufficient
to establish the guilt of his fellow-prisoner. The
Learned Counsel then went on to detail the facts,

which the following witnesses proved :
Mr. Joseph Collard, superintendent of the police
on the Great Western Railway, stated that at a late
hour on the night of the 11th of October, after ho
had retired to rest, he heard a great noise as of some
one falling heavily on the pavement, and on going
out he found a gentleman lying close to his house,
bleeding profusely from some wound in his head,
hiving just fallen from his horse, which stood close
by hire. He immediately obtained the assistance of
the prisoner Fidler, who was at the time a constable of
the P division, and on duty near the spot, and had
the gentleman, who remained quite insensible, re-
moved to a surgeon's close by, who attended to
him, and advised his removal to the hospital.
While at the surgeon's witness searched him
and took possession of his property, which consisted
of the cheque produced, two 51. notes, a sovereign,
and 103. in silver, a watch, purse, ring, pencilcase,
handkerchief, and other articles, of which a list was
then made by witness; and, having placed the injured
gentleman, whose name they found to be Watson, in
a cab, Fidler was dispatched with him to St. George's
Hespital. At about half-past four o'clock in the
morning the prisoner Fidler returned, and said that
he had found out where the gentleman resided, at
Putney, and would come in the morning with the
gentleman's groom for the property.. Between seven
and eight in the morning Fidler, with a man
in the
dress of a groom, and whose button bore the same
crest as the one on the ring taken from Mr. Watson's
finger, called on witness. Fidler then said he had
come for the property, Inspector Wiggins having sent
him for it, and he pressed very hard to have the list
made by witness handed over to him. Being some-
what tired from having been called up during the
night, and thinking that, as he was a constable, all
was right, he gave it up to him, and they then went
away.
By Mr. PARNELL—FidIer did not ask for a copy
of the list, but pressed very hard to have the list
itself.
By Mr. PRENDERGAST—I havelcnown Wheeler for
some years, and always thought him a honest, respect-
able man.
James Jebb, groom to Mr. Watson, said, that at
an early hour on Friday, the 12th, Fidler came and
told him of the accident, and appointed to meet him
a few hours later at Paddington, which he did, and
they then went to Mr. Collard's and took the property,
which Fidler put into a handkerchief and took care
of. They then went and paid fur the cab that took
his master to the hospital ; then they had some gin,
at the request of Fidler, and then went to take the
horse from the stables, and there he had some more
gin ; from there they proceeded to the White Horse,
at Knightsbridge, and put the horse that witness
had come to town on and the other one up to bait.
Fidler gave him some more drink, and they then
went on to the hospital, where he saw his master,
who was so much better that he recognised him, and
asked after his property. Fidler showed it to him, but
said his master was not in a fit state to receive it, but
ultimately gave him his ring, and put the rest of the
thif.tre jet), pocket, lels. Watsen reqiEstee. thit
the things might be handed over to witne-s, which
Fidler made some excuse for net doing, and they
then left and returned to the White Horse, where
Fidler gave him some beer, and witness left for the