The Sun.
London, England, 1856-09-17 00:00:00

ATTEMPTED MURDER.

John Cole, 23, gardener, was charged with feloniously
wounding Emily Luker, with intent to murder her.
There were other counts in the indictment v*rying the
charge.
Mr. Ribton prosecuted ; the prisoner was defended
by Mr. Sleigh.

Mr. Ribton, in addressing the jury, said that the pri-
boner and prosecutrix had kept company together for
about eight months, and in April last he proposed mar•
riage to her. She declined then to give him an answer,
and on 18th May the intimacy was broken off, but he
continued to call on her every evening, though she did
not see him on every occasicn. The intimacy then
ceased entirely, but the prisoner had previously threat-
ened to serve her as Baker, the man who was executed
at Southampton, had his sweetheart. It would be for
the jury to say if the evidence made out the charge of
intent to murder, or the lesser one of inflicting bodily
harm. He called the following evidence :
Stephen Robert Long deposed that he went to No. 9,
-Howlett•place-villas, Paddington, about half-past nine
o'clock on the evening of the 7th July. The garden
gate was opened by Emily Luker. The prisoner came
up and drew out a pistol within two or three yards of
the prosecutrix. Witness seized it, but the prisoner
drew it from his hand. Witness then jumped back, and
prisoner levelled the pistol at the servant's head, fired,
and she fell. The prisoner then walked away. Witness
assisted the prosecutrix into the house and then left.
Cross-examined by Mr. Sleigh—He saw the prisoner
in the street before be came up to the gate. He did not
hear him say anything when the gate was opened.
George Ma6rell, 349 A, deposed to the prisoner
coming to the Paddington police•station about 25 mi-
nutes to 10 o'clock on the evening of the 7th July. He
said, "I'm your prisoner ; I give myself up," and re-
peated it, adding, "I've killed a person ; I've committed
murder," at the same time showing a pistol, which was
taken from him. In the inspector's room witness asked
him what he wished to say, and he replied, "I've killed
a person," or "I think I have—l fired a pistol at them
and saw them drop, and then I came straight here." He
asked him if it was a man or woman I He said, " A
woman, and that she was called Emily Luker, and re-
sided at 9, Howlett•place Yillas." He added, "I tried
it three times yesterday, and I told her before I would
do for her."

Croos•examined_Prisoner was in a very excited state
at the time.

William Williams, a policeman, produced the pistol,
which wag a large ugly looking weapon. He confirmed
'certain portions of the last witness's evidence, and said
that on searching the prisoner he found on him some
powder, stones, and percussion caps. The pistol ap-
peared to have been recently discharged. He found also
on him eight letters, five of whioli appeared to have been
written by the prosecutrix. Prisoner said that he loaded
the pistol with which he fired at her with a stone.
Thomas Hazeldine deposed that after the prisoner had
surrendered he went to Howlett-place Villas, and saw
'Emily Luker in bed, in a very dreadful state. At the
request of the surgeon be went Lack to the station to
ascertain with what the pistol was loaded, and on asking
the last witness, in the prisoner's presence, if he knew
whether the pistol was loaded with bullet or shot, the
latter replied " with stone." On conveying the prisoner
to St. Mary's Hospital, where the prosecutrix had been
removed, to bear her evidence taken, he said it was
entirely her own fault, in Rot having sent to him an
honourable letter.

Robinson, another policeman, was called, and deposed
to the prisoner stating that he went on Sunday night to
and her, but was disappointed.

Emily Luker, whose face was bandaged, deposed that
she had known the prisoner about eleven months ; in
April last he offered her marriage ; she declined
then giving him an answer. The intimacy
between them ceased on tho 18th of May. He
galled, however, every evening for a fortnight after, and
she occasionally saw him at the garden gate. He said
"he thought we should be happy." She replied, " She
thought not, and the acquaintance had better be broken
off." On his leaving he said, "Remember Baker ;" and
she understood him to refer by that to Baker who was
hung for shooting a young woman, because they had
conversed about the circumstance during the trial. She
remembered opening the gate to Long on the evening of
the 7th July. She saw the prisoner standing by the
gate. He pushed Long aside arid rushed at her and
filed a pistol at her ; she was struck in the eye, and fell,
but was sensible. She recollected being taken into the
house, and her removal to St. Mary's Hospital. Witness
saw the prisoner running towards the gate on Sunday
evening as she let in her mistress on her return frcin
church. She did not then speak to him, nor had she
for some time before. She was 22 years of age.
Cross-examined—Shortly after her first acquaintance
with the prisoner she corresponded with him, and he
appeared devotedly attached to her. She had expressed
her affection to him in writing and by words. He had
made her presents. She kept hie company after he pro-
pose 3 marriage, and in a letter to him she expressed her-
self thus, "And now, my dear, goodbye for the present,
and hoping to see and hear from you soon, believe me
to remain yours sincerely and affectionately, Emily
Luker." He bad told her he was in a good situation
and that "he would do everything to make her happy
and comfortable, and to keep her happily as a married
woman." In her letter she addressed him as "Dear
John," and expressed her beat wishes for him.

Reexamined—ln May she broke off the acquaintance
on the ground of his jealous disposition.
Ann Winter deposed that she saw the prisoner walk-
ing in front of the house on the Sunday evening.
George Moseley deposed selling the pistol to the pri-
soner in July last.

_____ ... ....... ......
Alfred Payne, -P. C. 135 G, deposed that he was
locked up on the night of the 7th July in the cell at the
station-house with the prisoner. After a short time the
prisoner said " he did it, and that ho was determined to
do it—to take her life ; but that it would not have hap-
pened if she had sent him an honourable letter." Wit-
ness replied, "It is a bad job." He said, "He was
very sorry if he had hurt the young man, but he did not
think he had, because he pulled him back with
his left hand, and fired with his right hand,
he saw her fall and then left." The pistol he bought in
Chappel-street, and had put three charges into it.

Cross-examined—The prisoner Was like a madman
during the night.

Em ily Luker was recalled, and examined by Mr.
Sleigh.—She said that about six weeks before the occur-
rence she had a supper in her mistress's house, and the
prisoner was there. A young man, a butcher, a friend
of her fellow-servant's, called by accident and remained
to supper.

Did 'any angry feelings arise between you and the
prisoner in consequence of that young man 9

Prosecutz ix—Yes.
Mr. Ribton After that you declined his offer of
marriage ?

Prosecutrix— Yes.
Mr. Ribton —And in consequence of his jealous
feeling ?
Prosecutrix—Yes.

Mr. Staples, house surgeo❑ of St. Mary's Hospital,
deposed to the prosecutrix being brought there suffering
rem a gunshot wound in the face. The left eye was