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

ATTEMPTED MURDER.

John Cole, 23, gardener, VMS charged with feloniously
wounding Emily Luker, with intent to murder her.
There were other counts in the indictment varying the
charge.

Mr. Ribton prosecuted ; the prisoner was defended
by Mr. Sleigh.
Mr. Ribton, in addressing the jury, said that the pri-
soner and prosecutrix had kept company together for
about eight months, and in April last he proposed mar-
riage to her. She declared then to give him an answer,
but 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 him 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 he came up to the gate. He did not
hear him say anything when the gate was opened.
George Mack roll, 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 ho wished to ■ay, 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 ? He said, " A
woman, and that she was called Emily Luker, and re-
sided at 9, Howlett-place Villas." He added, "I tried
it three times yesterday, and I told her before I would
do for her."

Croas•examined—Prisoner was in a very excited state
at the time.

William Williams, a policeman, produced the pistol,
which was 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 which 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 he went tack 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 hear her evidence taken, he said it was
entirely her own fault, in not 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
find her, but was disappointed.
Emily Luker, whose face was bandaged, depos ed 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 the 18th of May. He
called, 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 and 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 from
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 bad expressed
her affection to him in writing and by words. He had
made her presents. She kept his company after he pro-
posed marriage, and in a letter to him she expressed her•
self thus, "And now, my dear, goodbye for the presenl,
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 best wishes for him.
Reexamined—ln May she broke off the acquaintance
on the ground of bis 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-
Boner 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 he was determieed 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 ho had hurt the young man, but be did not
think he had, because he pulled him back with
his left hand, and fired with his right hand,
be saw her fall and then left." The pi-itul he bought in
Chappel-street, and had put three chargea into it.

•
Cross-examined—The prisoner was like a madman
during the night.
Emily Luker was recalled, and examined by Mr.
Sleigh.—She said that about six weeks Lefore 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

Proseeuti ix—Yes.
Mr. Rihton After that you declined his offer o
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
from a gunshot wound in the face. The left eye was

destroyed, and the iris was protruding. She was
in a very dangerous state, and might now have a relapse.
Mr. Grey, surgeon, who resides at Howlett-villas, de-
posed that he examined the prosecutrix, and described
the state of the wound.

By Mr. Justice Williams—The pistol must have been
close to her face, or she must have been killed. The
wound was such as would have been inflicted by a stone.
The statement of the prisoner before the magistrate
was put in and read, in which he said he was in that
state of mind that he did not know what he was about.
This was the case for the prosecution.

Mr. Sleigh addressed the jury at some length on be-
half of the prisoner, urging that this case was widely
different from those generally brought before a jury,
and implored them to consider the state of the prisoner's
feelings at the time of the committal of the offence,
which must have rendered him unanswerable for
his actions, and asked them to take that merciful
view of the case, and find the prisoner guilty
of one of the minor counts in the indictment, and not
on the first count, charging him with intent to commit
murder, whereby he would be subject to a sentence
placing his life at the mercy of the Crown.
Mr. Gill and Mt. Jacobs, nurserymen, by whom the
prisoner bad been employed, gave him an excellent cha-
racter for amiability of temper, and that he was a sober,
well-conducted, moral young man. Mr. Jacobs said
that from the prisoner'slate conduct he and his men had
remarked that they thought he was " cracked."
Mr. Justice Williams, in summing up, said that the
question the jury had to decide was whether from the
facts of the case they veers satisfied the prisoner at the
time of the committal of the offence intended to murder
the prosecutrix, and the only way in which they could
judge of the man's intentions was by his acts. There
were no grounds for believing the prisoner was unac-
countable for his actions at the time he committed the
offence with which he stood charged ; and however pain-
ful it might be to them, if they were satisfied the first
count had been made out, it was their duty to return a
verdict on the count which charged him with the inten-
tion to commit murder.

The jury, after ten minutes' deliberation in the box,
retired, and after a❑ absence of an hour returned into
court with a verdict of guilty on the second count of
firing with intent to do grievous bodily harm.
Sentence deferred.

FORGERY ON THE ROYAL BRITISH BANK.—John
Cooper, 24, drysalter, pleaded guilty to an indictment
charging him with forgery, and uttering three orders for
the payment of money, with intent to defraud the Royal
British Bank.
Sentence deferred.

POLICE INTELLIGENCE.—(This Day.)

MARLBOROUGH-STREET.

SINGULAR APPLICATION. —A well-dressed elderly
woman appeared before Mr. Beadon to ask his advice
under the following circumstances :

Applicant stated that an envelope manufacturer, whose
name she did not mention, had patented a new invented
envelope, and offered a reward of 501. to any person who
should succeed in opening it. She had opened it, and
when she applied for the reward she was told that the
reward was offered without his sanction, and that he
should certainly decline giving her 501. She now wished
to know how she was to proceed in order to recover the
amount.

Mr. Beadon said he could not assist her ; she had
better consult some respectable solicitor, as her only
remedy would be by action in the County Court.
Applicant said she should certainly adopt his worship's
advice, as she was determined to try and recover the
reward.
Mr. Beadon hoped she might get it.

James Moran, a lad 13 years of age, was charged with
stealing a drum of figs, the property of Mr. Archibald
Andrews, grocer, 72, Tottenham.court-road.
The prisoner, who is a notorious young thief, went
into prosecutor's shop and took up the drum of figs and
ran of with it. Prosecutor followed him and gave him
into custody.
The prisoner was committed for two months, and to
be well whipped during that time.