The Sun.
London, England, 1851-08-27 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN ClRCUlT.—Liverpool, Aug. 26.
CROWN COURT.—(Before Mr. Baron PLATT.)
James Waddington, aged 42, and Ann Waddington,
his wife, aged 40, were indicted for the wilful murder
of Mary Hardy, the daughter of the female prisoner,
by administering poison to her, at Manchester, on the
23d of last April.
Mr. Monk and Mr. Sowler prosecuted ; and Mr.
Pollock defended the prisoners.
It appeared that the male prisoner was a lamplighter
at Manchester, and lived at No. 1, Boundary-street,
and that the deceased, who had lived in service, was
the daughter of the female prisoner by another man,
and had been the cause of frequent quarrels between
them. On the 17th of April last the deceased left her
place and went home, and there she was threatened
by the male prisoner. On the 23d of April the pri-
soner and his wife went to Knot-mill fair, and alleged
that on their return they found the deceased vomoting
and very ill, and said they believed she had taken
arsenic to make herself ill, to avoid going out again
into service. Next day the deceased was found dead
early in the morning, and on a medical man being
called in, the appearance exhibited by the body in-
duced him to analyze some of the matter vomitted by
the deceased, the result of which was the discovery of
a large quantity of arsenic. A coroner's inquest was
in consequence held, and the result was that the pri-
soners were committed to take their trial on the charge
of having poisoned the deceased.
It appeared from the evidence of a boy, the son of
the prisoner, about twelve years of age, that on the
night when the deceased was supposed to have been
poisoned, the female prisoner brought the witness his
tea to the shop where he was working. She had
never done so before. She told him he must take it.
On going home his father, the male prisoner, gave
him his supper that night. He slept in the same
room with his father and mother, with his brother
James, and his sister Mary slept in the next room.
Next morning, at seven o'clock, his mother told him
to go and see if his sister was up ; his father was then
in bed. He found his sister sitting on the floor, cold,
and could get no answer from her, and he immediately
told his mother, who said she was dead, and went and
told his father. His father then got up and went
into the room, and his mother asked him to lift the
deceased on to the bed, but he said she bad better re-
main where she was till the doctor came. His sister
was undressed.

Mr. Henry Brown, physician, stated that he was
called in to see the deceased on the morning of the
24th of April. He found the body of the deceased
dead, the forehead resting on the hands, with the face
concealed and resting on the bed. The lips were livid
and the lower jaw firmly closed. The body was warm,
except the hands. The finger nails blue. He ques-
tioned the female prisoner what she had had for tea,
and learnt that she had had tea and bread and
butter, and had been eating nuts all day. He found
a chamber utensil vomited nearly full. He requested
some of this to be poured into another vessel, but the
female prisoner objected, but the male prisoner told
her to use a brown bowl that was there. He subjected
the contents of the bowl to analysis, and found some
spots of white powder in it to consist almost entirely
of arsenic. He also found arsenic in solution. He
after wards made a post mortem examination of the
body, which appeared to be that of a stout and robust
young woman in perfect health. The deceased ap-
peared to have suffered under lock jaw, which was
frequently a consequence of arsenical poisoning. The
stomach everywhere presented marks of the most vio-
lent inflammation, and contained about a pint of red-
dish fluid—no solid matter. He also found portions
of a dense white powder adhering to the mucous
membrane, under which the stomach was most in-
flamed. The white powder proved to be arsenious
acid mixed with organic matter. In his opinion
death had been caused by arsenic. The female pri-
soner had told him, when questioning her, that she
kept arenic in the cupboard, but she did not know
whether the deceased was aware of it or not. In his
opinion at least 120 grains of arsenic had been taken
by the deceased.
John Skirrow, a lamplighter, at Manchester, stated
that he had bought a waistcoat of the male prisoner,
and went with him home on he night of the 23d of
April to get it, and heard the female prisoner say
that when she and her husband came home from the
fair that night they found the deceased lying on her
belly between the two rooms, with a pot by her side
where she had been vomiting, and she said she had
challenged the girl with taking something, as there
was arsenic in the house. The male prisoner then
said, " What art thou talking about arsenic for ?
Thou knows very well there is none here ; and hold
thy blab." The female prisoner also said she ima-
gined the deceased had taken this to avoid going into
a situation, as she was an idle, good for-nothing girl.
Other two witnesses, named Lee and Martin, both
lamplighters, stated that immediately before the death
of the deceased the male prisoner asked them if 71.
would go far towards a funeral. They saw him after
the death of the deceased, and he told them, " Our
Mary is dead ; she has died of an apoplexy fit."
Several witnesses spoke of having seen the deceased
the day before her death, and that she then appeared
in robust health and very cheerful. Evidence was
also given that the male prisoner and the deceased
had frequently been heard quarrelling, and the male
prisoner telling her " he had worked long enough for
her," and the female prisoner had been heard to tell
the deceased "to go away, and never let her see her
again, as her father and she lived like cat and dog on
her account." Witnesses also stated that they had
seen the female prisoner with arsenic in the house,
which she said had been sent to her by her landlord
to put in some colour when they were colouring the
house down to cure the house of vermin. It was also
proved that the prisoners and the deceased were mem-
bers of the Chorlton-Upon-Medlock Friendly Union
Burial Society, to which the female prisoner gene-
rally paid the subscriptions of ld. per week. The
deceased had been a member about sixteen years at
her death; 7/. was paid to the male prisoner. He
said the deceased had died of apoplexy, and that they
had had Dr. Brown to her.

The prisoners, on being taken into custody by Mr.
Bee wick, the superintendent of the Manchester Police,
and after being cautioned by him as to what they
might say, as it might be used in evidence against them,
the female prisoner made the following statement :
She and her husband went to the fair together,
and left Mary in the house, and she was to have
the kettle boiled against our return. We returned
a little before seven o'clock, and my husband
went to light tho lamps without tea. I went with
Thomas's tea to Mr. Bass's. Mary complained of
being sick, and she went to bed. I returned in about
10 minutes, and Mary was calling out for water. I
took her some tea, and at eight o'clock she called for
some morn water and a candle. At half-past nine
o'clock my husband came home, and shortly afterwards
he went to bad. I looked in Mary's bedroom as we
passed. At 20 minutes to three o'clock on the follow-
ing morning my husband was called up to light the
lamps, and after he was gone Mary came into my bed.
She lay with me some time without speaking. She
put her arms around me. I then told her that her
father would be coming in soon, and that she had
better go to her own bed. Miry then said, " Those
nuts have made me very thirsty." I got up about
seven o'clock and went into Mary's bedroom. She lay
upon the floor, with the clothes wrapped around her.
I put my hand upon her; she was very cold. I called
my husband, and we found her dead. He want for
Dr. Brown, who stated that she died of an apopletic
fit. Witness asked her if she had any poison in the
house, and she said that she had not ; that about two
years ago she had taken a house from Mr. Appleby,
which required to be cleaned down ; that she had
received some arsenic from him, had used a part,
and put the remainder in the cupboard ; and that
on the Friday previous she was cleaning down
the house, she found the arsenic and had
thrown it into the fire. Witness asked her if her
daughter knew where the arsenic was kept, and she

said she did not, but she knew she had some. The
male p rieoner stated that he had been to the fair with
his wi.'e, and when they returned they found Mary
lying cin the floor. She appeared to be sick, and had
an apr( In to her mouth. He went to light the lamps,
and ret urned shortly after. A little after two o'clock
on the f °flowing morning he was called up, and, after
extingu is,hing the lamps, he returned with Skirrow to
give him, a waistcoat; and that at about seven o'clock
his wife: called Thomas to call up Mary to make a
fire, and the boy came back stating that she was dead
upon the floor, and they both went into the room to-
gether; And he then went to call Dr. Brown. A
coroner's inquest was afterwards held.

Mr. PoLLocz then proceeded to address the jury
for the defence, contending that there was no evidence
to show concert between the parties, and that the
evidence entirely failed to show that the poison had
been administered to the deceased by either of the
prisoners. The Learned Counsel did not conclude
his address. until eight o'clock last night, and
His LO3D3IIII` then intimated that he would not
then proceed further with the case.
The jury were therefore locked up until this
morning.
This morning Mr. Baron PLATT proceeded to sum
up the evidence, which he went through with great
, care.

The jury retired, and after an absence of two hours
returned with a verdict of Not Guilty.
NISI PRIUS COURT.—(Before Mr. Justice WIL-
LIAMS and a Special Jury.)
SAUNDERS (ADMINISTRATRIX) v. THE CITY OF
DUBLIN STEAM-PACKET COMPANY.

This was an action on the case, under Lord Camp-
bell's Act, brought by the widow of the late Mr. W.
Saunders, secretary to the Limerick and Waterford
Railway Company, to recover compensation in da-
mages for the loss of his life, which was alleged to
have been occasioned by the negligence of the defend-
ants' servants, on board whose steam-packet he was
at the time of the accident which occasioned his death.
The defendants pleaded "Not Guilty."
Mr. Roebuck, Q.C., and Mr. Cowling appeared for
the plaintiff, and Mr. Watson, Q.C., Mr. Crompton,
and Mr. Paget for the defendants.
Jt appeared that the deceased was the secretary of
the Limerick and Waterford Railway Company, and
formerly had a salary of 6001. a-year. That, how-
ever, had been reduced to 3001., but the deceased de-
iit.ed to accept this sum. The deceased was a mar-
ried man and had six children, and it appeared from
the evidence was an extremely able man of business.
On Sunday, the Ist of December, the deceased took
his passage from Kingstown by one of the defendant's
boats (the Ebland) for Holyhead. They left Kings-
town about one o'clock in the afternoon. The pas-
sage was rough, and they arrived at Holyhead
at 42 minutes past six. It was then dusk. The
gangway of the boat was opened as they approached
to the jetty, and the deceased while walking
across the ve3sel was supposed to have stumbled, and
fell through ;be open gangway, which it was alleged
could not have happened had the company's servants
taken proper care. He disappeared, and there was a
cry raised of " Man overboard," and a sailor threw
him a lifebuq. There was great confusion on board,
and a boat put off to him by which the body was
recovered, bet: he was found to be dead.
For the defence it was contended that, the boat
being late, there was great anxiety to get ashore to
save the express mail train, which started for London
exactly at seven, and the railway station was more
than a mile from the jetty; that the deceased was
seen to walk deliberately to the open gangway, seize
hold of a rcpe, and get outside the gangway on the
ledge or sponson, apparently to be ready to jump
ashore ; that while there he fell into the water, and
that the accident arose in no respect from the negli-
gence of the defendant's servants.
A number of witnesses were called to prove these
facts.

Mr. ROEBUCK having been heard in reply,
1118 LORDSHIP, in summing up, directed the jury
that, if they should find that the unfortunate gentle-
ma❑ bad lost his life by the negligence and careless
ness of the defendant's servants, and that he could nut
have avoided it by taking reasonable care and caution,
they wou.d return a verdict for the plaintiff.
The jury had not returned a verdict when our dis-
patch left.

POLICE INTELLIGENCE.
MANSION-HO USE.
The investigation into the circumstances of the
charge made against Benjamin Cole, City policeman,
845, of having caused the death of William Cogan, in
Plumtree-court, Shoe-lane, on the morning of July
6, was resumed. Alderman Wilson presided.
The City Solicitor attended to conduct the inquiry,
and Mr. Lewis appeared for the prisoner.
Mr. Lewis proceeded to call the witnesses for the
prisoner, whose evidence is given in substance below.
A. model of the court in which the violence is sup-
posed to have taken place was exhibited in the justice-
, MOM.
John Bale, inspector of the City police, said, I
know Plutntree-court sufficiently well to say that the
model produced is a fair representation of it. I see
two pieces of card in the model, representing, one of
them a pigeon-box, and the other a board, in the
window of the room inhabited by Long and his wife,
who have been examined in this case. The pigeon-
box and board had been there for years, I should say.
The model ground was measured between three and
four o'clock in the morning, and by two o'clock of the
afternoon of the same day the pigeon-box and board
were removed. Long's house is No. 6. The house
in which I saw the deceased is No. 28, and a person
in Long's room could not see the passage of that
house. By daylight the door of No. 28 could be seen
from No. 6, but not by night. The model was taken
on the day previous to the last examination. I
cannot say whether the box and board would obstruct
the view. On the night of the death of the deceased
I saw Williams, and had a conversation with him in
the presence of policeman 258. The conversation had
relation to this transaction, and I conceived it to be
connected with my public duty to make inquiry.
Williams said he had heard the deceased say he would
change his coat to cheat the " coppers," and they
would not know him, and that he did change his coat
and go downstairs.
Cross-examined by the City Solicitor—l first heard
that one of the police was suspeeted of having killed
this man after the first day on which the coroner's
inquest was held, and I considered it to be my duty,
as chief officer of the district in which Plumtree-
court is, to visit the court, and the house, and the man
who was dead, taking with me a person to witness all
that transpired, at six o'clock on the evening of the
day of the death. The body was lying in the back
attic of No. 28, which was Williams's as well as
Cogan's room. I did not hear on that day that it was
imputed to the police that they had killed the man,
nor did I hear that they had beaten him with their
staves. Webb is the name of the person I took with
me to be present as a witness. He is a policeman.
He was not one of the policemen on duty on the night
in question. The names of the policemen on duty in
Plumtree-court on that night are Cole (845), who
took one part of the court as far as the steps, and
Lockyer (264), who has in his beat the place called
Holborn-place, in which the house No. 28, is
situate. Marshall (policeman 230) was not upon duty
in the court, but I understand he was there. When
I was making the investigation in company with my
witness 1 did not see Lockyer, Cole, or Marshall. I
had not seen any one of them up to six o'clock in
the evening, when I began to investigate. I first
heard of the death of the deceased about ten o'clock
on the morning of the Sunday. To the best of my
knowledge I was first told of it by Sergeant Patti-
son. He simply said he understood that a man had
died suddenly in Plum tree-court, and upon that I in-
structed him to put the matter in possession of the
ward authorities. That is the course we adopt when
we hear that a man dies suddenly and not by vio-
lence. We would do so if a person died of apoplexy.
Deliberately and upon reflection, I say that Sergeant
Paulson said the man had died suddenly, and he did
not tell me that it was stated he hed died by violence
or an accident. "He died suddenly," were the
words. No one else communicated with me upon
the subject. flaying put the matter into the hands
of the ward authorities, whose duty I considered it to
be to undertake fhe investigation, I did not consider
it to be my duty to pursue the inquiry farther. I
inspect the book in the station-house in that district.
I cannot positively say whether there is an entry in
the station-house book of this case. We do not ne-
cessarily make entries of cases of sudden death. I
did not at the time inspect the book. I had heard it
rumoured that the death of the man was imputed to
the police, but I cannot say who told me so. I heard
it from persons I fell in with. The name of a police-
man was not mentioned as having committed the act.
Tae rumour was brought to me after my visit to
Williams's with my witness. I believe I heard it
before the first day of the inquest. I did not on
Monday, after having received the information, see
either Lockyer or Cole, nor did I make inquiry of
them as to what they knew of the circumstances.
Lockyer, Cole, and Marshall are night duty men. I
wish to explain that they are off duty at six in the
morning, and I believe on that day that I came on
duty at ten in the morning.
Re-examined by slr. Lewis—The night officers go
off duty at six in the morning for rest. Not the
slightest suspicion was pointed at these men at all.
The notice was given to the ward authorities by me
for the purpose of causing an inquest to be held, if
necessary. If I had read the occurrence-book, and
seen any account of a sudden death, then I should
not have acted differently from that which I have
done.
By Alderman Wu...sox—To the best of my belief
Sergeant Paulson said he obtained his information
from Night-Sergeant Buckingham, who was on duty
that night. Paulson was not on duty at the time.
James Herbert Cooke said—l am one of the mem-
bers of the jury which sat upon the body of the do-