The Sun.
London, England, 1851-05-08 00:00:00

MAY 8, 1851.

mate paupers under his care, would not be prosecuted by
the viri,h authorities.
_ .

It csiil be recolh-cted that at the last and final exami-
nation Mr. Ballantine, the counsel for the prosecution,
pressed for the committal of the accused to take his trial
upon the charge of indecent assault, which he said he
felt himself bound to do in justice to the party prosecut-
ing end to the public.

Mr. B tilantine now attended on the part of the parish,
and Mr. Wontner for the master.

Mr. C 'mho on Monday last committed the accused for
trial, but yesterday having been appointed to take the
depositions and finally conclude the proceedings, he ap-
peared to the bail, and took his position, as f)rmetly, in
the felons' dock, when

Mr. Ballantine rose, and addressing Mr. Combe, said
that the case against a person named John Henry Eaton
had been heard fir an indecent assault upon a girl
named Eliza Smith, a pauper, and from time to time had
occupied a considerable portion of the time and attention
of the Court. At the last examination, atter listening to
the evidence, he (Mr. Combo) asked him (Mr. Ballan-
tine) whether he a mild press for the committal of the
accused to take his trial. He did so, and he (Mr. Combo)
committei him fir trial. Snesi then, however. be had
weighed over in his mind the statements maie by the
various witnesses, and had arrived at a conclusion, in
which he felt no doubt the Bench would concur with
him. He was of opinion that if the case was sent
before a jury a conviction could not take Vane,
and he felt it to be his duty to communi,late this
to him (Mr. Combe). lie then referred to the
evidence of the girl Eliza Smith, in some parts
of which she was contradicted by the witnesse • for the
defence. Mr. B,arishaw, the master of Hampstead
Workhouse, and Lamb, the gate keeper of St. P .ncras
Workhouse, who were respectable men, had contra-
dicted the girl, and ether wittes, especially a girl
named Hurley, who was formerly a pauper, and now a
servant out of the workhouse, and not under the control
o► Eaton, pve evidence tavourable to him, and made
Eliza Smith's stat••ment inconsist•'nt with truth. Other
statements were gone into with reference to the woe of
the intellects of the girl Smith, and it would appar ,he
was of weak mind, and there was a ques•lots whether
it was not impregnated with a false notion against the
master of the workhouse. Eaton. Under these cir-
cumstances he would now ask for his d►Ychsrge, and he
hoped it would prove satisfactory to the Court and the
public. . _ _

- Mr. COMM listened attentively to the Learned Gen-
tleman's address, and said be had felt considerable
difficulty in the case, and a.,.ter ;be speech of Mr B .1-
lantine he would discharge Mr. Eaton, but, he added,
" I purposely abstain from making any further obser-
vation."

Mr. Eaton then bowed and left the bar, when he
joined his friends, and getting into cabriolets in readi
ness opposite the entrance of the court, they drove off
in the direction of the workhou.e.

THE MURDER OF A POLICEMAN IN
VAUXHALL-WALK.
Yesterday Patrick Cane, John Hickey, James
bl•Elligatt, Dennis Harrington, John Fahey, William
Burke, Dennis Shanahan, and Edward Shanahan, who
have been in custody since Monday morning last, on a
charge of being concerned in the murder of Henry
James Chaplin, a police-constable, in Vauxhall•walk,
were placed at the bar of the Lambeth Police-office,
before Mr. Elliott, for further examination; and Thomas
Lynor, Thos. Burke, and Edward Stelling were
charged f'Jr the first time with being also engaged in the
brutal murder.
Mr. Games, who attended for the whole of the pri-
soners charged on the previous occasion, appeared fix
five of them on the present; and a Mr. Niele was pre-
sent for the others.
In addition to the evidence given at the previous ex-
amination the following was adduced :
Michael Connor said—l reside at No. 49, Vauxhall-
walk, and work at the London Gas Factory. Vauxhall.
I know all the prisoners, and saw them on last Suattay
night at a raffle at the White Lion public-house, in
Vauxhall-walk. I went there at about twelve o'clock,
and left in company with the prisoner, Dents Shanahan,
at about half-past twelve. On our way home we met
with two women, with whom Shanahan got into conver-
srtion, and I left them and went home and had my
supper. In about a quarter of an hour after, Dennis
Shanaham came in and went to bed. All the prisoners
live in the same house except M‘r;lligate and Stelling.
In about three-quarters of au hour after, Shanahan ta.i.d
myself went to bed. The other prisoners came in aid
I heard a noise both inside and outside the house.
In his cross-examination, the witness said that Dennis
Shanahan was quite sober, and before goinit to bed had
folded up his clothes and put them into his box, and was
as quiet as any one could be. He (witness), though
at the raffle at the White Lion on Sunday night, aid
not see an v dice, but did see some cards.
To the Magistrate—All the prisoners had been drink-
ing, but neither of them was out of the way when he ►aw
them.

C. Margaret Cole, the wife of Robert Cole, a labourer
at the London Gas-works, said—All the prisoners, with
the exception of M•Edigiste and Stelling lodge at me
house, 49, Vauxhall-walk. I was at th • White L on t•n
Sunday night, but was at home and in fa: d long before
twelve o'clock. I heard the prisoner Cane come lee,
the pwaage, and was awrike by his noise. I opened
my hed-roon door. and saw him (Cane) in the pas, rte
cith my servant Ellen Dunn, who was end-avouring
to prevail on him not to go out, but be see-med ie-
termteed on doing so. I saw that he was h 1 edit g fr-m
a wound on his face, wbioh was covered wish bleed, end
he said that he had been struck by a policemen. lal
%es• d him not to go our, but he said he should, and did
go our. I weir. into my bed-room, end in about a quar-
ter of an hour heard a noise in the passage wilier] in
duced me to get ow. of bed and go into the passage, and
there saw Cane, Hickey, and Harrington, in the act of
going into the cellar, when I followed to see what was
the matter. I saw that Cane was cut and bleeding, and
Hickey took a basin to get some water to wash it At
this moment the servant called out, and on my going up
stairs I saw the police coming over the palings, and I
said I would open the door for th,im. Hickey stood at
the wash-hoase door, and one of the policemen, on see-
ing him, said, " Here's one of them," and took Hickey.
He resisted, but I advised him to go, and before he got
to the outer gate I saw his face streaming with blood,
and that was the first blood I saw on Hickey. When he
came in I saw no blood on him or Harrington. After,
taking Hickey away the policeman returned and took
the prisoner Cane in the passage. After Cano was
taken away I went down into the kitchen, and there saw
the prisoner Lynor, and asked him what was the matter,
and what it was all about? Ile said it was a bad job,
for when he was coming home he saw a man lying dead
in the street, near the Queen's Head beer-shop; that it
was a policeman, and that no one was near him. He
said that he had been to see two females home to Lam-
beth-walk, and saw the man on his way home. The
Cane, and Harrington, came home prisoners Hickey,
together, and when the police were taking Hickey I saw
the prisoner William Burke come down stairs in his
stockings and partly undressed, and I advised him to go
to bed again.
In cross-examination, the witness said that it was
after Cane had returned home and gone out that be and
the prisoners Hickey and Harrington cam- home to-
gether. She went into the room where Th }was Burke
slept. but could not say she saw him in bed, nor did she
recollect telling him that the police had taken Hickey.
Saw Hickey before he was taken, and was quite sure he
had no blood on him. The police had a great struggle
with him to get him out, and she had not the least
doubt that while so engaged the police struck him, and
inflicted the wound on his forehead. Hickey was in the
act of going with a basin to get some water to wash the
face of Cane when the police rushed in and seiz-d him.
The witness, when pressed on the point, and after some
reflection, said it was her impression and belief that she
had seen Thomas Burke in his bed.
Ellen Dunn, servant to the last witness, and who had
been examined on the former investigation, was called,
and said that the prisoner Lynor had come in some time
after Hickey and Cane had been taken away, and on
her asking him where he had been he said to see two
girls borne, and that AY he was coming back he saw a
policeman stretched on the aide of the road, and that as
he was coming by he struck him, or struck against him,
she did not know which.
Mr. Elliott—Sew if you cannot recollect. and say which
it was? Witness—l think be said he kicked him when
he saw him down.
At the suggestion of Mr. Inspector Carter the witness
was asked if the prisoner Lynor dtd not say that he hid
given the list kick; hit she denied h wing heard him
Use such expressions. The witness, in reply to a Ties-
tion also suggested by Mr. Carter, admitt"d that when
the prisoner Cane first came home with his face cut aid
bleeding, he had a hat on, and this he changed tor a cap,
and went out wearing the latter. The witness was ex-
amined and cross examined at considerable length +bout
the periods at which the prisoner came home on the
night in question, but her statement did net differ mate-
rially from the testimony she bad given on • her former
examination.
de posed that about
Police constable Puddyhatt, 98
ten minutes or a quarter to one clockon Monday morn-
sag he saw the prisoners Lynn, Thomas Burke, and two
women, in Vauxhall-walk, standing by a railway arch
between the White Lion public-house and No. 49,
Vauxhall-walk. As be passed them one of the women
said, " That is not the man that locked yrut up, is it?"
and one of the men said, " Let us go." One of tho
women asked him if he should be on the beat the follow-
ing night, but be made them no answer.
Mr. Elliott—What was the reply made to the first
Witness-1 did not hear it,
question of the female ?
your Worship,
Police-sergeant Charles Burges Gaff, 4L, said the
White Lion was at the end of Vauxhall-walk, and the
distance from it to 49, where the prisoner lodged, was
178 yards, while the distance from it to where the
constable was murdered was 663 yards ; so that in
going from the White Lien they must have passed their
residence by about 400 yards. Witness, on being in-
formed of the murder on Monday morning, and see-
ing this clinkers in possession of ono of the constables,
examined the precincts and gardens of the different
houses in the neighbourhood, and found that they had
been taken from the garden of the house No. 121,
Vauxhall-walk, a distance in the direction of the pri-
soners' residence of exactly fifty-three
body
where.
they hal been fouud, Led ahert, the body of .ay.
Mr. Inspector Carter s lid be had other evidence to
adduce; but he did not think it prudent. at the present
stage of the inquiry to produce, his witness, but should
request a further remaiid of all, except the prisoner
Dennis Shanahan, whom he believed to be perfectly in-
nocent of any participation in the murder.
Mr. Games was glad to hear this declaration on. the
part of the inspector, as he believed it to be perfectly
true; and he should, therefore, as ho was a man who
bore an unimpeachable character, apply for his imme-
diate discharge.
Mr. Elliott consented to the request, and remanded the
other prisoaere to a MU() day.

Th, court daring the inquiry was much crowded, and
the brutal assas,ination has created a most lively sen-
sation through the prish of Lamacth, nod particularly
amongst the inhabitants of that part of it where Chaplin
did duty.
At the end of the examination, the magistrate sug-
gested to Mr. Inspi cur Cirti-r the prnprie7 of the Go-
vprnment .ff•ring A ri ward to any pprs,n, except the.
ri ally guilty plrits'a, who had wimp:s,RJ the h ct. and
who would come forward as witnesses, so that the per-
petrators of the brutal offence might be brought to
justice..

THE COUNTRY MAi4KETS.
LIVERPOOL. MAY 6. The attendance here to-day wag
pretty good. Wheat sold its retail at barely last week's salmi.
Flour in demand, and the turn dearer. Beans 6d dearer
Barley and malt unchanged in value. Oats and oatmeal in
good request, at a small advance. Indian corn rather dull,
but without change in value.
LEEDS, MAY 6. The arrivals of grain were moderate. The
wheat trade has assumed a somewhat firmer aspect,
but pricesdid not undergo any alteration. Fresh qualities ef °l'
were in request. Barley was steady. Beans as before.
fetched full prices. Other articles unaltered.
was a
NEWCAsTLE CORN MARKET, MAY 6.—There
fair supply of wheat at our market this morning, which sold as
pree,ous prices. Factors were vex firm, and in consevenee
little business was done. Berle remained about the 004
Flour moved off slowly, and lormyer rates were obtained. a.
--
rat her dearer. 4
NEWCASTLE CATTLE MARKET, MAY 6.--The supply, 0
cattle large, being about 250 head more than on last marten
day ; quality wry good, demand brisk at drooping rates, and
good clearance effected. The supply of sheep and lambs
,e 0
show to-day was much smaller us compared with last week:
tr de slow at former rates, and part left unsold. Beasts,
—corresponding week last year, 1,108; sheep, 3?; net
corresponding week last year, 4,331. Beef, 4s to 5s "
stone ; mutton, 4d to tid per lb ; lambs, 83 to 9d per lb.
EDINBURGH MEAL MARKET, MAY 6.—There vrereir
the meat market to-day 10 sacks oatmeal, each weighing 286,0,1;
imperial, which sold thus :—I at tills Od and 9at gour,
average price of the whole 11 10s Id 4-I2ths. 1 sack .
which sold at 235. 4 sacks pot-barley, whereof 3 sold list"'
1 at 25s 6d, 1 at 245, and 1 at 21s Od.
EDINBURGH HAY AND STRAW MARKET, 311`1.
Oat straw, from l?ti Od to 9s Od per kemple of 16 stifles tro(r)14:
wheat ditto, 8s Od to 9s ud ; barley ditto, 7s t d tO 81
Hay, from 10d to Is per stone.
DALEEITH MEAL MARKET, MAY 5. There v.-- -
bags oatmeal and 6 of barleymeal at this day's market; °sc.
ready. Oatmeal dawn .on. the top 6d per bag,--and °D-
second quality 9d; barley meal 3d per bag dearer.
Oatmeal, per sack, of 2bo lbs. Elm Second Thiodtd.
imperial •.. ... 30s Od 298 Od Od
Barleymeal, per ditto ... 18s 91 —s 0,1 •"*"1/
Peasemeal ud Od r. 4
Flour ... ::.• —s oq Od odv-.

—s Od I --; -,5a