The Sun.
London, England, 1847-12-23 00:00:00

COMPANY.

This was an action brought by Captain Bennett
against the Peninsular and Oriental Steam-packet
Company for the refusal to allow him to proceed to
Gibraltar by the vessel! called the Montrose.
Mr. AL D. Hill end Mr. Peters appeared for
the plaintiff, and the Attorney-General, Mr. Sergeant
Byles, and Mr. Ogle, for the defendants.
From the statement of Mr. HILL, it appeared that
the plaintiff was formerly in the service of the
company, as captain of the shin Lotus, and that he
was superseded by Captain Moody in 1841, the corn
pang intimating by letter at the time of his dismissal
that they had h
no intention whatever to impugn
_e.
his
character. In February, 1847,
the plaintiff was de-
sirous of proceeding to Gibraltar, and for that pur-
poseut
he went to Southampton in order
that he fight
go by the ship Montrose, which was appointed to sail

(on that day. On arriving at the quay from
which the vessel was to sail, he was met b Mr.
Andrews, an assistant manager of the company, who
refused to allow him to take his passage in the vessel,
and on inquiring the grounds of the refusal, he was re-
ferred to the directors in London. The plaintiff then
applied to the directors on the subject, but no answer
was returned, and - the present action was instituted.
There being sufficient accommodation in the slAp the
defendants were in the position of dommon carriers, and
were bound to carry plaintiff as well as the fokssen.
gers, to the places to and from which the ship sailed.
Mr. Andrews was then called and stated that he
was instructed by the directors to refuse a pasiage to
Captain Bennett. r
Cress-examined—The Montrose was to 411 off
Oporto, which at that time was in a state of bloekade.
The ATTORNEY-GENERAL then addressed the) jury
for the defendants, who were entitled to refuse a
passage to any person in their' vessels, if they thought
that the person was the agent 'of another who was
opposed to foreign Powers with whom the Queen of
this country was on terms of amity. The plAintiff,
who he should prove was intimate with' Don Miguel,
applied for a passage to Oporto, which the director
refused to give him, believing that it might read to
an interruption of the intercourse between this
country and Portugal. He afterwarda applicki for
one to Gibraltar, but as they thought this was therely
an evasion, and that it was his •intention to land at
Oporto, they also refused to take him as e passehger.
Mr. Francis Ignatius Van Zeller, Portuguese
Consul-General, had refused to supply the plaintiff
with a passport, in consequence of an intimation he
received from the Spanish Ambassador that Don
Miguel -was living with Captain Bennett at the time
he applied for a passport. •
John Webb was in the habit of going to the plain-
tiff's house, No. 4, Canoribury-cottages,: Islington.
There were several gentlemen living with hith, one
of whim was known as " Don the King." He bad
frequently seen the king in company of the plaintiff.
A gentleman, who stated that he was an agent of
Spain, and also agent for Don Miguel, was next exit-
mined. Don Miguel was living with the plaintiffin Fe-
bruary last, and remained with him about three (Sr four
weeks. The plaintiff in March went 'to Portugal,
and was absent about a month. He told witness that
be went direct to Oporto in a small vessel. Was not
aware that the plaintiff had no passport. After his
return, Don Miguel frequently visited him, hut did
not reside at, his house. Don Miguel first =Fe-ea in
this country in January, 1847:
• Mr. Van Zeller recalled,'stated that if the plaintiff
had obtained a passport from the British Government,
it would either have come through his hands or that
of the Spanish Ambassador's.
Mr. HILL was heard in reply. r
The CsiEr JUSTICE, in summing up, said, in his
opinion, a public company offering to carry British
subjects and others to foreign parts had no right to
inquire into the political reasons of their journey.
He could not understand how a passenger in one of
the company's vessels could land at Oporto if the
persons in command objected to it, as it ap-
peared that the mails were sent on shore :by a
small boat, over which of course they had the entire
control. It was for the jury to consider whether a
British subject who had been so treated was or was
not entitled to compensation.
The jury, after a few minutes consideration, re-
turned a verdict for the plaintiff—Damages, 2001.

SHERIFFS' COURT.—(THIS DAY.)
WALKER V. SHACKELL.—FALSE IMPRISONMENT.
(Continued from Afternoon Edition.) •
Mr. Sergeant Wristris then called several wit-
nesses to prove that defendant told plaintiff that if he
gave up the paper he had nothing more to do with
the matter, as there was no rent due, but Brotherton
said that what they had got on the van they would
stick to, and Walker (the plaintiff) said, "Follow us
how you will we will do you at last."
Mr.. Wentworth, an upholsterer, at Turham-green,
deposed to having sent in furniture to Clarke-
cottage, to the value of 1801., but which he
had not been paid. He was present when
the goods were being removed. He followed
them to the station-house, and instructed some per-
-1 sons to watch the good's, with the view of recovering
them, but he did not succeed.
- Silas Eyles, a china and glass dealer, proved that
he had sent in some goods, some on sale, and some on
hire, which were also removed by plaintiff and the
men. He had not been paid.
John Stavill was called to prove that the goods were
removed from place to place. .
Mr. Sergeant JONES objected to this evidence.
Mr. CHARNOCK (for defendant) submitted that he
was entitled to give evidence to show that the 'plain-
tiff and others were aware that they were .doing
wrong, especially after the remark of the plaintiff
that they would " do" them, let them watch how
they might.
The UNDER-SHERIFF admitted the evidence; and
it was proved that the goods were removed from
place to place, and that the parties watching had
been threatened to be given into custody if they at-
tempted to touch the goods.
The jury said they had made up their minds, but
Mr. Sergeant JONES claimed his right to reply, con-
tending that whatever intimacy there might exist be-
tween Clarke and Young, or whatever the miscon-
duct of either, which however had not been proved,
it ought not to prejudice the plaintiff who was t cting
under the direction of his master, and was *holly
ignorant of any impropriety in the act of recovering
the property.
The Learned UNDER-SHERIFF summed up, and
the jury gave a verdict for plaintiff for one farthing.
The case occupied nearly five hours.

RAILWAY INTELLIGENCE.
LONDON, BRIGHTON, AND SOUTH COAST.
CROYDON AND E PSOM I,INES. •
A very numerously attended meeting of gentle-
men residing within the district between London
and Epsom was held yesterday, at the North and
South American Coffee House, Royal Exchange,
"in consequence," in the words of the advertisement
convening the meeting, " of the great inconvenience
and annoyance daily experienced by the passengers
on the above railway, to take into consideration
the best means to be adopted for obtaining redress."
Mr. CHARLES DEVONPORT having been called to
the chair, proceeded to detail to the meeting the
grievances which he considered they had to complain
of. The principal of these were the inconvenient
hours at which the trains started—the irregularity
of the time kept by the trains—the taking off, in
defiance of an implied agreement with the holders
of annual tickets, the seven o'clock P.m. London
train, which was generally the most convenient for
parties °employed in the City to return home by,
and, above all, as regarded the comfort of the work-
ing men—the discontinuance of the use at this
season of the year of the covered third-class car-
riages, and the substitution of open ones. He
felt that the interests of the shareholders
of the company were bound up with ; those
of the residents on the line, and if some: mea-
sures were not adopted to accommodate those
parties, they would be compelled to give up tbeir re-
sidences on the line, to the great detriment of the
landlords, the parishes, and the railway company
itself. It had been hinted to him by some friends by
whom he was surrounded, that we show them the
disparity of the fares to the various classes of pas-
sengers. He would take the Croydon station as an
example. A first •class passenger could obtain an
annual ticket for 20/. ; each carriage contained
eighteen persons; so that it produced 3601. per
annum. The second-class passenger paid 2s. per day,
or 11/. 10s. more per annum than the first-class pas-
senger; and as those carriages contained thirty-two
passengers, if they multiplied the sum by that•num-
ber, it would be seen that they produced nearly 6004,
above the first class. Then, again, the third-class
passenger paid 31. 12s. 6d. more than the first class,
and, as the carriages contained forty passengersi there
was a return from that class of 9451. against. 360/.
from the
,first class. Of course there was some dif-
ference in the cost of the carriages ; but, under all the
reeirsegnrtiaetvionnnen tos the
redressed, directo ranstdwith
athe
circumstances, he thought the passengers on the line
were very unjustly dealt with, and that it behoved
them
view
of
gettingtomake a
representation
interests of the company thus secured.
Several gentlemen entered into a detail f
plaints which they had to make
against t h 0 COM..
e company,
the most prominent of which
are mentioned in the
Chairman's address as noticed above, with the arkrti
of its being objected that there is no train
from Cr on
don or Sydenham by which the families ofparties re-
siding-
on the line can come to London between twenty
minutes past ten, A.M. and twenty minutes past two,
P.M.; and that, although the charge of a first-class
annual ticket to Croydon is only 204, if you go two
or three miles further, the full fare to Epsom, 201., is
charged.
It was ultimately resolved, on the'motion of Mr.
MAITLAND, seconded by Mr. Moons, that a' me-
morial, setting forth the various grievances complained
of, should be drawn up by the Chairman, assisti.d by
such friends who these to do so, and lie at the North
and South American Coffee-house for signature two
days next week; after which it shall .be presented to
this h directors of the London and Brighton Railway
meetingadjourned to the Mth of
Company ; and the
January to receive the reply, when, if it is not
deemed satisfactory, it is proposed to appeal to the
Railway Commissioners.
The meeting terminated with a vote of thanks to the
Chairman.

„
GLUCIESTADT, DEC. 17.—Several vessels, Cleatlltled
for Altona, have run in here on account of the , sharp
frost which has set in.

BERLIN, DEC. 16.—Counsellor Wedeeke, who has
his residence in Hanover, has been arrested there, at
the instigation of our Government. He is laid to
have grossly violated the confidence of a high per-
bOlage.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Dec. 22.
(Sittings at Guildhall, at Nisi Prius, before the LORD
CHIEF BARON and Special Juries.)

HERRING V. HUDSON AND OTHERS.
This was an action brought to recover compensa-
tion in damages for an assault, committed by the
defendant and nine others upon the plaintiff.
Mr. Chambers appeared for the plaintiff; Mr. Wat-
son for the defendants.
The case came before the court yesterday, and was
resumed this morning.
It appeared that the defendant (Captain Hudson)
was one of the keeper's of the Queen's Prison, the
Ither defendants were also officers of the prison, in
which the plaintiff was confined. The plaintiff's
presence being necessary at the Sessions-
house, Newington, and also at the Arches' Court,
on the Bth of December in the last year, writs of
habeas corpus were obtained ordering the keeper to
bring the prisoner to the above places ; both the writs
were returnable on the same day, and the defendant
refused to attend the Arches' Court, preferring to go
to the Sessions-house, Newington. The defendant,
upon his so refusing, sent for a cab, and with the as-
sistance of the other defendants, placed the plaintiff
in it, notwithstanding his resistance, and caused him
to be driven to the Arches' Court, one of the de-
fendants riding on the box of the cab, some of the
other defendants accompanying the prisoner inside.
The plaintiff now brought his action to recover
compensation for the violence used towards him,
alleging that the defendant assaulted him, and used
Unnecessary violence towards him.
The LORD CHIEF BARON, in summing up, went
with great minuteness through the whole of the
vidence, which was very:voluminous. He did not
think that the subordinate officers ought to
tie included in any verdict which might
be returned, they were merely acting under
the orders of their superior officer. With re-
spect to Capt. Hudson, and Mr. Eveson, one of the
other defendants, it would be for the jury to consider
whether they had exceeded their proper duty, or used
any unnecessary violence, and whether the two
writs of habeas corpus were issued in a bona fide
manner, or whether they were issued in consequence
of any collusion on the part of the plaintiff with other
parties, for the purpose of placing e mbarrassments in
the way of the defendant.
The jury retired, and after a considerable absence
returned a verdict for the plaintiff—Damages 40s.
against Capt. Hudson, acquitting the other defendant.

ASSIZE INTELLIGENCE.
NORTHERN CIRCUIT, York, Dec 21.

The trial of Patrick Reid and Michael AP Cabe was
resumed this morning, by the evidence of Mary Hallas
who was not a witness at the last trial.
Mary Hallas—l am 13 gears old. My father's
name is Benjamin Hallas. He lives at Lea-green,
and on the day Mr. Wraith was murdered he was
working at Littlemore. On that day I carried his
dinner to him. I left home at a quarter to 12 o'clock.
It will take me 10 minutes to go to Littlemore. I
stopped there three-quarters of an hour, and left to
return home at a quarter to 1. I returned home
through Knowle-lane, and before I got to Knowle-
cottage I went up through the fields. A flash of
lightning came as I was in the second field, just going
to the end of Tyas's field. I went behind this wall.
A crack of thunder came, and then it rained. It
struck 1 by the church clock as it began to rain. The
shower lasted a quarter of an hour. When it was over
I got on the top of the wall, near the upper end. I
walked on the top of the wall a little way, and
then I turned me round to see two men in Mr. Wraith's
front garden. They were under the apple-tree which is
not many yards from Mr. Wraith's front door. The
men had their baskets. I got off the wall, and walked
towards Mr. Wraith's. He used to talk to me.
When I got to the other stile they were just going
on to the front door. When I saw them from the
wall they had their faces towards me. When passing
the front door they had their backs towards me. I
then saw them go out of the door at the end of Mr.
Wraith's house, going on towards the necessary. At
the time I was going on the other field. I went on
the footpath by the side of the garden wall ou to the
kitchen door of Mr. Wraith's house. I did not go
into the yard till after these two men had got over
the wall. I was standing by the gate that went into
the field. When Isaw them there the gate was open.
The men then were in the middle of the oat-field. I
know those two men ; they were Patrick and
Michael. I knew Patrick before; he used to come
with accordions to Ann Wormald's, and he once
swapped her one. He hawked breast-pins, prints,
teacaddies and trays, and razors. His name
Ss Patrick Reid. I have known him a good
while. I have known Michael too ' • he used to
come with oranges ; they called him Michael
MiCabe. I called him Michael. I see him here.
In the oat-field they were each a land off one
another, about as far as the gallery. Patrick had
on a green coat, a pair of fustian trousers, and a hat ;
his basket was on his arm ; Michael's was the Same.
I saw them get over the wall by the new school into
Duke Shepley's field. I saw them no more after
they got over the wall. I stopped their whilst [until]
Josh Green came. I stood by the old gate in the
oat-field. I then got atop of this wall, and Josh
Green was by the kitchen-door. This was about ten
minutes after the men got over the wall which wa!,
in the oat, field. I saw Josh Green. He shouted
• Holloa," and " poised" the kitchen door. I sass
him run on to John Al‘Kinnell's. John M‘Kinnel!
and Thomas Green came, and they got in at the
kitchen window. I went further on, and got inv.'
the fold almost by the kitchen window. I stopped
while my mother came, which was about half an hour
after John M'Kinnell had come down. I told some-
thing to my mother as soon as she came to the place.
Cross-examined by Mr. Sermoun—The wall is
sloped at the top like the roof of a house. When atop
of the wall I kept a bit standing, and then I looked,
and then I walked a bit. I had my face towards
home when I was walking, and then I stood and
looked round. The apple-tree was in leaf. The men
were on the side of the apple-tree nearest the wall. I
thought the men were sheltered from the rain.
Cross-examined by Mr. MATTHEWS—The men had
baskets on their arms. Reid had a cap on in the
garden, and a hat on in the oat-field. I told my
mother as soon as she came. She scolded me for not
coming home. I told Ann Wormald I was going to
tell Mr. Maude and Mr. Ingham, the magistrate, and
Mr. Haworth, when I saw them at the house, what I
had seen, but Betty Johnson said they would take no
notice of little girls' tales. Nobody since has told me
about the times and the hours.
Re-examined by Mr. INGRAss—The wall is broad
on the top. I recollect Mr. Maude and Mr. Ingham,
Mr. Watkinson, Mr. Haworth, and another in the
kitchen. I did not tell them, because Betty Johnson
would not let me go to the window. I tried to get to
the window. My mother and Ann Wormald were
there. I told them.
Mr. Clapham, surveyor, re-called—A girl c-uld
walk on Tyas's wall. The apple-tree is in a hollow ;
the ground from Tyas's wall is a slope.
Ann Hallas—On the day of Mr. Wraith's murder
I sent my daughter to Littlemore with my husband's
dinner. She was absent so long that I went out after
her, and found her at the old gate, near Mr. Wraith's.
I heard of Mr. Wraith's murder as I went along.
iSfy daughter made a statement to me.
Cross-examined by Mr. MATTHEWS—Neither my
daughter nor myself was here last assizes.
Ann Wormald—l know Patrick Reid. I went to
Mr. Wraith's at two o'clock on the day of the mur-
der. I saw Mary Hallas. I heard her tell some-
thing to her mother. I saw Betty Johnson push
Mary Hallas away from the kitchen window.
Maria Canning—l live at Lea-green. I remember
Mary Hallas coming into my house on the day of
the murder, after dinner. I had heard of the murder.
Mary Hallas told me something.
Jane Oakes and several other witnesses were
called to show that from a quarter to two o'clock to
a little after three, on the day in question, Patrick
Reid was coming at a quick pace from the direction
of Mr. Wraith's, as if he were avoiding the houses,
and was seen at different places until he got to his
residence at Dew- green.
William West--I am a Fellow of the Royal So-
.
• On the 14th of May I received a green coat
and a brown coat, some blue stockings and some gray
cknl also received a cap, trousers, key, sol-
derinigrir;D, a basket, a sack, a piece of brown paper,
and a poker. There
were fly' eor six spots, or sets of
spots of blood on the coat, in different parts. The
spots I cut out of the skirt, two turned out to be
blood and two not; th left
blood was recent. I made
the examination on thee l4th of May. I noticed the
cap ; there were six spots of blood on it. There was
a very slight speck of blood the basket. There
were spots on the brown coat
I wootdwasrecent.
I looked at the soldering.iron. f rather
the
sol-
dering-iron seywhether there was blood or not on it.
antto the
was bloody when it was throowonnsii
well, what I found on it was perfectly
from the metallic pert I could not be satisfied. 11,1t—
the handle of the soldering-iron I distinctly obtainro
fibrin. I have a key ; I have no doubt that animal
matter has been upon it.
Cross-examined by Mr. SEYMOUR—Sweat in a
handle from usage would be distinct from fibrin. I
have no confidence in chymical tests to distinguish
between animal and human blood. I have come to
the opinion from microscopic observations that the
blood was human.
Cross-examined by Mr. MATTHEWS Only one
spot of blood on the brown coat. Blood is not the
only substance which contains fibrin, but I do not
know any fluid which contains it.
Richard Green—The green coat is Patrick Reid's,
also the cap. The brown coat is Michael M'Cabe's.
some gaiters were produced at the last trial ; I have
bad them ever since.

Cross-examined by Mr. SEYMOUR—AII the articles
Were shown to the jury at the last trial,

Cross-examined by Mr. MATTHEWS—A reward
was offered by Government, and a pardon to all ex-
cept the man who committed the act.
Wraith Green—l am great-nephew of the de-
ceased Mr. Wraith. At Christmas last Reid was at
Mr. Wraith's house. He went away, and returned,
saying he had lost a tea caddy, and accused Caroline
Ellis. She denied it. Mr. Wraith came out, and
said to Reid, " Patrick, you go away, and never come
here again." Reid turned away, saying, "I'll be re-
venged of you either at one time or another." I have
never seen him at my uncle's since.
Rose Ann Hallas—My husband is a farmer at
Mirfield. About Easter Monday last I saw Reid
coming from Mr. Wraith's. He overtook me, and
said, " What do they call that girl at that house ?"
I said, " What house ?" He said, " That," pointing
to Wraith's house. He said, " That d—d b— has
taken something out of my basket, and I'll serve her
out for it." I considered it was a lark he had had.
Grace Shepley, wife of Marmaduke Shepley —I
was at Joseph Moffat's three weeks before the mur-
der. I heard M'Cabe ask Mrs. Moffat if she would
buy any pots She said, '• No." He said " I have
been at Mr. Wraigth's, and Mr. Wraith has found
me a donkey load of rags ; I have done Mr. Wraith
by the pots I sold him for the rags; Mr. Wraith
must be a man of money, or he could not live inde-
pendent; he is a good old chap. I ask him to take
a child of mine and make it an heir to his money ;
and Wraith said he bad plenty of heirs for his money;
but he has a good spirit, has the old gentleman ; for
I asked him whether he was not afraid of being
robbed, and he said, no, that he was not afraid of
any night opponent robbing him; he was armed
against a host, should they attack him in the night."
Esther Lambert, mistress of the Gray-coat Girl's
School at York.—There are a good many girls. I am
well acquainted with the art of knitting. I teach it.
[Caroline Ellis's garter and the piece of garter found
in M'Cabe's house shown to witness.] One is knitted
of rather finer cotton than the other. I see no diffe-
rence in the appearance of the knitting. I should say
they were knitted by hand. I should say they had
been worn as pairs.
Cross-examined by'Mr.MATTnEws.—The material
is not the same. The one has 17 stitches and the
other 18. I will swear they were not knitted by ma-
chinery. I should not allow my girls to send out
garters like these as pairs.
Thomas Kilty—ln the month of May I lived at
Daw-green. lam a hawker. I have occasion for
a soldering-iron. I borrowed one from old Patrick
Reid. On the day before Mr. Wraith's murder the
prisoner Reid came to my house, and said his father
wanted the iron. My wife showed him where it
was, and he took it up. He then went away with
the iron. I continually used it. I described the iron
to the police. (Soldering-iron shown to witness.)
This is the iron I borrowed of Reid's father.

Cross-examined by Mr. SEYMOUR—I have been in
York Castle six months for want of sureties to appear
here to give evidence. I was a soldier ; I deserted,
and got punished.
Catherine Kilty—The day before the murder Reid
came to my house ; he said, " Have you got the
soldering-iron ?" He took it. I asked him to sit
down ; he said be could not sit down, his father
wanted the iron. I asked if he was preparing for the
row that night. He said, "No." I said, any person
who gets a blow from that will want no more. He
said, "No, they'll never know what killed them."
I identify the iron.
George Wild—l was convicted of horse-stealing at
the last assizes. Before the assizes I was kept in the
same ward with M'Cabe. I saw Reid in the mess-
room the morning after the last trial. I said to
Reid, "I understand that M'Cabe can do you 'no
harm ?" He replied, " No, he cannot." I said, " I
understand he is giving evidence against you ?"
Reid said, "If I thought he was, I'd confess, and
tell all about it." I said to him, " Then you mean
to say you're guilty of this murder ?" He
said, " Yes, we did the murder. About a month
before we made up our minds to rob the house ;
but you'll see he'll never give any evidence to do me
any harm." This was before the trial. When I
said it was after I made a mistake. About the as-
sizes I talked with Reid about the soldering-iron in
the mess-room. Ido not remember when it was. I
told Reid that IVl'Cabe said the soldering-iron was
his. He said that I might tell M'Cabe he was both
the man that helped to use it, and put it in the
well.

John Noble, Governor of York Castle.—Mr. Watts
was at one time the attorney for M'Cabe. Mr. Watts
came to see M'Cabe in June. After Mr. Watts had
gone, Reid sent to say he wished to see me, and when
I saw him he said, " Do you know what M'Cabe has
said to Mr. Watts ?" Witness said, " No, attorneys
see prisoners in private." Reid then said, " What
do you think of the case?" Witness replied, " You
stand in a very awkward position, and whether you
are guilty or not guilty, if the jury find you guilty,
you will be executed, and you had better
prepare yourself for another world. It is
thought that one man could not murder three persons
in so short a time, and I understand that the police
are after two other men." Reid replied, " There's
no others in it." I then said, "It is reported that
you had a quarrel with the murdered girl; and that
you were heard to say you would be revenged on her
or serve her out." Reid then said with emphasis,
"It's all lies, I never had a quarrel with that girl."
I communicated this conversation to the visiting
magistrate.
'This witness closed the case for the prosecution.
Mr. SEYMOUR addressed the jury for the prisoner
Reid, and contended that the evidence did not sub-
stantiate the case against him; that M'Cabe was
really the murderer; and that the fresh evidence
which had been adduced did not alter the position of
Reid from that in which he was when tried and ac-
quitted at the last assizes.
Mr. MATTHEWS then commenced his address to the
jury for the prisoner M'Cabe, contending that
although M'Cabe was at the house at the time of the
murder, yet that that was consistent with innocence.
The Court adjourned at ten o'clock.
WEDNESDAY MORNING.

The trial was resumed this morning, at half-past
eight o'clock, when Mr. Justice Patteson proceeded
to sum up the evidence with great minuteness, occu-
pying upwards of three hours.
The jury retired at half-past eleven o'clock, and
returned at one, with a verdict of Guilty against
both the prisoners. . . . . .

On the usual question being put to the prisoners,
.11‘Cabe exclaimed—" Only one thing I can say—l'm
innocent of the crime laid to my charge." Patrick
Reid remained silent.

Mr. Justice PATTESON then put on the black can,
and proceeded to pronounce judgment. After a very
long and patient inquiry by the jury of the charge
against them, of the murder of Caroline Ellis, they
having retired and considered the matter fully, have
come to the conclusion that they were both guilty of
this murder. He thought no case could have
been conducted with more care, or received
more patient attention that this case had on the part
of those gentlemen who comprise the jury They
had examined witnesses for two long days ; they had
heard the observations which were addressed to them
by the Learned Counsel—very strong and powerful
observations made by both of them—and he (the
Learned Judge) had endeavoured to point out any
discrepancies in the evidence ; and, after full con-
sideration of the case, the jury had come to the ma-
ture conclusion that both the prisoners were guilty.
The circumstances under which this murder was com-
mitted were of the most horrible description. He
did not recollect ever to have heard or read of such an
atrocious act having been committed in this country
at any period, as that in the middle of the day a
house should be entered, and three persons, the whole
inhabitants of that house, an old man, his wife, and
servant, cruelly murdered—beaten—their heads frac-
tured—and afterwards their throats cut in the most
atrocious manner. (Here the prisoner M'Cabe
fell in a state of insensibility in front of
the dock. The officers of the gaol having
olaced him in a chair, he soon revived suf-
ficiently to enable the Court to proceed.) His
Lordship said, he could not under such circumstances
as these hold out to them any hopes that the sentence
of the law which it was his duty to pass upon them,
would not be carried into effect. One of them was
told some time ago by the gaoler—and very justly
told—that if the jury returned a verdict of guilty
they would assuredly be hung; and he advised Reid
at that time to prepare himself for another world.
He (the Learned Judge) had only to repeat that ad-
vice, and he begged and earnestly entreated them both
to lay aside all hopes of this world altogether, and
endeavour, during the short time they would be per-
mitted to remain here, to make their peace, and ob-
tain that pardon from the Almighty which the law of
this land would not and could not grant. His Lord-
ship then passed sentence of death in the usual manner.

Reid remained firm throughout the awful proceed-
,ngs.

This trial concluded the business of the winter gaol
delivery.

MIDDLESEX SESSIONS.

-
Before Mr. Sergeant ADAMS, Assistant-Judge, and

Yesterday ~ .
a Bench of Magistrates.)
William Buckley, a boy nine years of
atie, pleaded guilty to an indictment charging him
moneys, the property of William with having stolen a till, value 55., and certain
The Learned JiliG Avery:
havingt ascertained that the
ehnowfficrs, put a variety of
boy was not known. 1:'
questions to him, asyto
it. was that he :had
committed this crime, when he elicited the following
statements—
T he
prisoner :
ioner said that he had been in the habit
l dthat
occasionally of attending :a school weekly,
on his way homewards he had often ben an
carried away by bigger boys,, whom he had note or
first known, who bad then induced him to steal
things.