The Sun.
London, England, 1846-06-23 00:00:00

LAMBETH.

Mr. William Evans. the piqua tea-plant manufacturer,
and master of the boy George Thomas Benwell, whose body
had been found in a pond at the back of his master's pre-
mises on the evening of Tuesday week, attended before Mr.
Elliott to answer to a summons taken out against him
by a female named Elizabeth Theobald, and which charged
him with detaining a gown, a coal-scuttle, and other articles,
her property. The case was discharged, the complainant
failing to show that the property was hers.
The case respecting the suspicious death of the lad Ben-
well was then entered upon, and Mr. Hooke, the Vestry
Clerk of the parish of St. Giles, Camberwell, who had also
attended the inquest, was present, by direction of the paro-
chial authorities, to watch the proceedings and assist in the
investigation.
Evans had a considerable repugnance to enter the dock in
which the prisoners upon serious charges are usually placed,
but was told by the magistrate that no distinction should be
made in his case, and he then got into it.
Mr. Hooke said that it was not his wish to give Evans
into actual custody, but merely to submit the evidence of
some witnesses who were in attendance by the direction of
Mr. Norton, and leave his worship to deal with the case as be
thought proper; and, therefore, as far as he, as the represen-
tative of the parish, was concerned, he did not wish to press
that Evans should stand in the dock.

Evans, on hearing this, hurried down the steps of the
dock, and took his station in front of the bench, where the
defendants in assaults and trifling cases stand.
The first witness called was Elizabeth Theobald, of 24,
Duke•street, Bloomsbury-square, and who was the complain-
ant in the former case, and who deposed that she had known
Mr. Evans since the month of October, 1842, and had as-
sisted him in the manufactory, and had further been ap-
pointed by him his sole agent for the sale of his tea. She also
knew George Benwell, who was in Mr. Evans's service as an
errand-boy and packer, and was aware that the latter had
treated the former with great violence. She herself had seen
him on one occasion fling a log of wood at him, but it mis-ed
him, and on other occasions she heard Mr. Evans threaten
to kick the youth.
Mr. Hooke—Are you acquainted with the handwriting of
the deceased lad, George Benwell? Witness—Yes, sir, very
welt.

➢ir. Hooke—Then, now look to the chalk writing on the
two panels, the door and the log of wood, and tell the Court
whether it is or is not in the handwriting of the deceased
George Benwell? Witness (after examining the writing
minutely)—lt is not in the handwriting of George Benwell.
lam certain of that. _ _

Mr. Hooke—ls it in the handwriting of any person pre-
sent?

The prisoner objected to the question as being unfair, upon
which Mr. Hooke asked the witness if she knew it to be the
writing of anybody else?—The witness replied that it re-
sembled more the writing of Mrs. Benwell, the stepmother
of the boy, than any one she knew, but the hand certainly
was most familiar to her.

Mr. Hooke—Are you aware whether the boy had a receipt
for the manufacture of the piqua tea? Witness—l sent him
the receipt myself.
Mr. Hooke—And was Mr. Evans aware of the fact ? Wit-
ness—He was, sir; for I let him know of it at the time.
Evans cross-examined the witness at great length. She
denied having charged him with a nameless offence with
two persons, who he named, and who, she said, had been
members of his "community." She denied also having ac-
cused him of having murdered his wife in America. but
made no secret of his keeping poisons in his house. Told
the stepbrother of the boy about his (Mr. Evans) keeping
pois,ms in his house, but did not tell him that he (Mr.
Evans) had said that the way he used to get rid of his boys
in America was by tying a weight to their neck and throw-
ing them into a pond. Evans here said, that the witness had
resorted to every possible means of traducing, maligning,
and blasting his character, and declared that the greater
part of her statement was wholly devoid of truth. Amongst
other things she declared that he had told her he had fifty
clerks in America, whereas he had but six. In reply to a
question from Mr. Hooke, the witness said that Evans told
her he had been a medical man in America, and had been
called Doctor Evans.

Police-constable, 153 P, said that on the night of Tuesday
week, at about half past ten o'clock, he was informed that
the body was in a pond at the back of Mr. Evans's premises.
He hastened there, and on reaching the pond the body had
been gos out. The hands were tied, and a 281 b. metal
weight was suspended from the neck. The body was quite
lifeless. He (witness) saw the writing on the door and
panels produced, and Mr. Evans told him it had been done
by the deceased. Evans also told him that on leaving home
on that morning, and while going up Sydenham-bill,
thought struck him that it was not safe to have left the de-
ceased at home.

Evans—Yes, that's quite right; I had these feelings.
Witness, in continuation, said he did not know either
Evans or the deceased before, nor could he say who took the
deceased out of the water.

Evans observed that this witness spoke the truth, and he
should not, therefore, ask him any questions.
Mr. Thomas Bishop, a general dealer in Union-street,
Borough, and step-brother to the deceased, was next ex-
amined, and declared, to the best of his knowledge and be-
lief, that the chalk writing had not been written by Ben.
well, though when he had first seen it he was of a different
opinion.
In his cross-examination by Evans, the witness acknow-
ledged that the witness Theobald had told him she had de-
stroyed a quantity of poison which she had found in his
(prisoner's) house. She also said that he had informed her
that the way lie got rid of boys in America was by tying a
weight round their necks, and throwing them into a pond.
Evans here drew the Magistrate's attention to the fact.
that the witness Theobild herself had denied this in her
cross- examination.

Mrs-. Theobald said she had no recollection of having men-
tioned it, and did not believe she had.
The son of Evans, a boy of 14, was next examined, and
gave a minute description of what had taken place on the
evening in question. lie swore positively to the chalk writ-
ing having been done by the deceased. and the only suspi-
cious part elicited was that his father had been home for
more than half an hour before any alarm was given in the
neighbotirhoo'l ; but this Evans attributed to the miscaleula
tien of time by the boy.
The step-mother of the deceased, llsnnah Benwell, was
called, and also swore to the chalk writing being the de-
ceased's, and said that the deceased had always spoke kindly
of his master. She denied that she had any intention to
marry Evans; that any improper intercourse had taken
place between her and him; and declared that if she sus-
pected that Evans had anything whatever to do with the
death of the deceased, she should herself be the first person
to bring him to justice. This witness as well as ISIr. Bishop
admitted that the deceased had spoken of suicide, and men-
tioned that he considered drowning was the easiest death.
inspector Campbell was examined, and Mr. Ilooke read a
statement made by Evans himself before the coroner and
jury. It appeared that he refused to be sworn, from some
religious scruples, but made a lengthened statement. Mr.
Hooke said the only part in the letter to which he should
direct his 'Worship's attention was the fact of his saying he
returned to his premises at nine o'clock, whereas no alarm
had been given, nor the body found until half-past ten.
Mr. ELLIOTT observed, that he had listened attentively to
the evidence, and his impression was that it was not sufficient
to justity hind in detaining any party; but at the same time
he would recommend those engaged in the inviry still to
pursue it.
Evans said that he had been grossly calumniated, as he
was as innocent of the charge imputed to him as any
person present.