The Sun.
London, England, 1856-12-05 00:00:00

gova had a pistol in his hand, on cock, and loaded to then nd on a search being instituted the body of a full-sized '
muzzle. We had no pistols on board the ship. These men female child was found in the mattress, which the surgeon
must have brought them, and we have no power to exa- deposed had all the appearances of having gene the full
mine the chests t f the man. Angelo brought my chest out, time. There were marks on the throat and inward extra-
and I saw him take out my purse. The other two prison- vasation, indicating strangulation, the lungs, heart, and
ers saw him do it. He put the money in his pocket. Lo- intestines all being healthy; but in answer to the learned
gave looked into the berth where the two wounded men Commissioner the surgeon said, the only tact which led him
were lying. I afterwards missed my silver watch, which to believe the child had been born alive was the floating of
was hanging in the cabin when the prisoners came down the lungs, and that of late years this test had been deemed a
to it. The prisoner them went on deck and I heard a noise, doubtful one. Upon this the jury were told that the
and upon looking out of the window I saw the prisoners charge of murder could not be sustained, but they were at
and the other two foreigners rowing away in a boat. I liberty to return a verdict of guilty of concealing the
then went on deck, and the mate called me to see " such birth, which they accordingly did, and the prisoner was
a sight in the forecastle." I went and saw Pattinson with sentenced to be imprisoned for 12 calendar months with
his head nearly cut off. He seemed to have had two cuts. hard labour.
Thomas had his throat cut in two places.
William Scotland—l was the mate, and lam brother to
the captain. My watch was from 12 to 4 iu the morning.
I was on deck from 12 till half-past 3. Two of the prisoners
were in my watch. I went below, and then I heard the re-
port of three pistols ; and then I ran up on the deck and
cried out to the master, who turned out. I got on deck
first, and found Evan Evans and Cullen on the starboard
quarter-deck crying, " They were shot ; they were shot."
I ran forward and saw Legava running away with a pistol
in his hand. I afterwards came back to Evan Evans, who
said something which Legava could not bear. Legava and
the cook came to the front with pistols presented at its. I
was nearest to them. The pistols were snapped, but did
not explode. I then helped the wounded men down below
in the cabin. We secured ourselves in the cabin. I got
out the medicine chest and dressed their wounds. As well
as we could we took care of them. The master was seeking
for a matchlock, but could not find one. We found a bar-
rel of one. We secured ourselves in the master's cabin and
loaded the barrel. I attempted to get some water from
the steward's pantry. As I was going out Pettrich pre-
sented a pistol at me. The master proposed that we should
hang out the ensign as a signal of distress. I did so, and
Barbalano presented another pistol at me down into the
cabin. The ensign was found afterwards torn in the long-
boat. I saw Pettrich a second time at the companion with
a pistol. I sang out to him, " I see you." I offered them
money, but they would not take it, and then we gave them
liberty to come into the cabin. Angelo afterwards asked
for more money, and said if we did not give it him they
would come down, break into the cabin, and murder us,
and run the ship ashore. When they came into the cabin
we moved into the other cabin. They then went away,
and I saw Pattinson lying on his back on the deck quite
dead. I afterwarks saw a blue flannel,„boot, and a
cheek shirt. They were all covered with blood. They
were in the longboat. They belonged to Legava and
Pettrich. I knew them well. I also found a razor
which belonged to Barbalano. It was covered with
blood. I was present when Pettrich and Barbalano
were in custody at New Town, seven miles inland from
Kilo, a seaport town. A pistol was taken from Pettrich.
They both began to cry. I afterwards went on board the
Recruit, and found the three prisoners on board.
John Burridge—l am a gunner in the Marine Artillery.
In July I was one of the crew of the gunboat Recruit,
which was sent into the Black Sea to look after these men.
We landed 30 or 40 miles from the Bosphorus, and we
went to New Town. We there found the prisoners. They
were searched by the Turks. A pistol and some money
were found on them. Another man escaped into the woods.
With the three prisoners on board we a ent back to Con-
stantinople.
Mr. Yonge then addressed the jury for the prisoners,
urging upon them the probability that the two missing
men had committed the murder, and that, at all events,
there was no evidence to show by whose hand Pattinson's
life had been taken. That the prisoner had committed
robbery he was not there to deny, but he suggested there
was sufficient defect in the evidence to justify the jury in
giving the prisoners the benefit of a doubt, and in such
case it was their privilege to acquit.
The learned Judge then most carefully summed up the
case, explaining to the jury the law as regarded persons
acting with a common design. If the jury entertained a
doubt as to all or either of the prisoners, it was not only
their privilege, but the law reqaireil that they should give
the prisoners the benefit of it.
The Jury retired for abouttwo hours, and then returned
a verdict of Guilty against all the prisoners.
Mr. Justice Coleridge, then, through the interpreter,
thus addressed them—Prisoners at the bar, I am extremely
sorry that I am unable to convey to you in your own la
guage the few words I have to pronounce upon the pre-
sent most painful occasion. Yon have received, I trust,
as fair, as patient, and as discerning a trial as it was in my
power to give yon. Understanding that you were in great
poverty and had no friends, and were in a foreign country,
I requested, at the commencement of these assizes,
a learned and able advocate to prepare himself
and conduct your defence, and, although you are not able
to judge of the manner in which he has conducted that de-
fence, I am bound to say—and every person here present
who is a competent judge would say the same—that he has
omitted no point that was available for your defence. The
jury who have heard the case have considered the evidence
very attentively, and I am compelled to say that I entirely
agree with them in the painful conclusion to which they
have come ; though, if it should appear that the jury had
fallen into any mistake—because the wisest men may make
a mistake in such a matter as this—care will be taken,
upon your application, that such investigation may be
made as to set their mistake right. At the same time,
don't let me excite in your minds false and pernicious
hopes. My firm belief is that this verdict is a perfectly
just one ; and the truest mercy I can show to you is to
exhort you to entertain no expectation that your lives
may be spared. Yon will be attended by a faithful priest
of your own persuasion ; and I exhort you to pay strict
attention to all the advice that he shall give you, to pre-
pare yourselves for another world. ➢epend upon it, pri-
soners, that your days upon earth are numbered; and it
only remains for me to pronounce upon you the awful sen-
tence of the law. His lordship then pronounced upon them
the sentence of death.
The prisoners were then removed, protesting their inno-
cence, and saying that, as the witnesses had been heard
against them, they ought to be allowed to make their
statement.

THE GREAT NORTHERN FRAUDS.

CLERKEN WELL POLICE COURT.

The following appeared in part of our impression of
yesterday :
This afternoon William Snell, late a clerk in the em-
ploy of the Great Norther❑ Railway Company, was
again placed at the bar on remand, charged with appro.
priating a sum of money, amounting to about 1,0001.
the property of the company, to his own use.
Mr. Huddlestone appeared for the prosecution, and
the prisoner was defended by Mr. Hopwood.
Mr. Haddlestone said at the last examination a coin
plete charge was made against the prisoner for appro
priating a sum of 5001. ; but it will be recollected that,
in the second case, it was thought desirable to
prove that nothing equivalent to the two cheques
which the prisoner was charged with stealing bad been
paid into the accountant's drawing account. He should
(tall Mr. Reynolds, the accountant of the company, who
had gone through the accounts, and he would state that
after a very careful examination he could find aothing at
all like it.

Mr. Reynolds was then called, and states that he
could not find any entry of the kind.
Mr. Tyrwhitt—Nothing like the two cheques for
281. 18s. and 231. 12s. _

Mr. Reynolds—No ; I am enabled to say that no such
sums hare been paid into the accountant's drawing ac-
count. _ _

After the evidence had been read over, the whole of
the witnesses were bound over to appear and give evi-
dence against the prisoner, at the next session of the
Central Criminal Court, on two charges of felony.

NORTHERN CIRCUIT. - NEWCASTLE•I72ON-TYNE,

DEC. 3.

(Before Mr. Justice Ede.)

Michael Cawthorn was charged with the wilful murder
of Mark Cunningham, at Hexham, on the 25th Sept. last.
Mr. Price and Mr. Liddell were for the prosecution, and
Mr. Davidson for the prisoner.
It appeared that the prisoner and the deceased were both
hawkers, and for a week before the death of Cunningham
had been lodging together and sleeping in the same bed. On
the night in question the prisoner was in the Sun public-
house at Hexham, somewhat besotted with drink, having
been in and out of the house drinking all the day and for
five days previously. The deceased and one Gordon came
into the house both tipsy. Deceased said that they had
just been turned out of a public-house, by the police, when
the prisoner said, " Then you have been in worse company
than I have ;" and a quarrel ensued, in the coarse of which
Cunningham said if the prisoner would come out he would
give him what he wanted, either in light or dark. Cun-
ningham " clicked" Cawthorn, by the shirt breast and
pulled it open, whereupon the prisoner said people would
say he had been in bad company. Gordon and the prisoner
played at dominoes for ale, which the latter lest, and on
his calling for the ale the 'landlady refused to supply any,
as he was without money. However, on their giving up
the dominoes and promising to go home she let them have
the ale. Prisoner asked the deceased if he wanted to use
him badly, to which the landlady replied that nobody
would use him (the prisoner) badly if he would only go
home, and she asked the deceased and the man Gordon to
let the prisoner pass, and got one George Dodds who was
in the house to help Cawthorn lest he should be ill-used. '
About half an hour afterwards the deceased went out to
his and the prisoner's lodgings, and onCunningham's going
there the prisoner produced a knife and said the police had
told him to defend himself with it. The deceased told the
prisoner he was no man or he would get up and put down
the knife, and see what he could do bare-handed, s,s,A
thereupon struck the prisoner on the face with his open
hand, and immediately the prisoner stabbed the de
,ceased
who cried, "Oh ! my belly." There were wortneae on the
arm and the back, and in a few days afterware„ Cunning-
ham died.

Mr. Davison in his defence contended t:„ case was one
of manslaughter, and not one of murder; the knife had
not been used deliberately, but im s r_uoment of passion.
The jury found the prisoner gui:ty of manslaughter, and
His Lordship sentenced him, to be transported for 15
years. •

William Fleming, wb o was last night found guilty of
manslaughter, was sent Ancod to four years' penal servitude.
William Lawson w as charged with the manslaughter of
James Oliver, at Ne wcastle, on the 18th of October.
The Hon. A. LVldell and Mr. Greenhow appeared for
the prosecution ; and Mr. Dav Eon defended the prisoner.
The deceased,, a pitman, on the night in question was
drinking at a -oblic-house in the cloth-market with some
other pitmen. ; they were all talking about a coursing
match, wlren a dispute arose between two of the men
called Ha .cle and Liddell, in the course of which the pri-
soner in.ceritered. He was told to remain quiet, and on in-
terfering a second time the deceased, Oliver, stretched
across the table and struck him, knocking off his hat. The
prisoner then sprang up and knocked Oliver down, and it
was a Ileged that after the deceased was down the prisoner
j unwed on Oliver, producing an internal rupture, of which
he died. Witnesses were called for the defence, who de-
posed to both men jumping on the table, and to it having
broken down, and, in the course of the scuffle, that Oliver
met with injuries, which, it was suggested for the defence,
caused his death. It was positively sworn to by wit-
nesses, who stated they were present the whole of the
time, that the prisoner did not jump on the deceased as
deposed to by the witnesses for the prosecution.
The jury at once found a verdict of not guilty.
(Before Mr. Fussell Gurney, Q.C.)

Anne Gannon, was charged with the murder of her
infant, at Berwick, on the 27th of August.
Mr. Robinson Fowler was for the prosecution.
....

The prisoner on the 29th of August denied having had a
child, but on a surgeon being sent for she admitted she hate