The Sun.
London, England, 1856-08-02 00:00:00

-7(4---,az6 'a- ,-f-47L:

PUBLICATIONS.

LAW INTELLIGENCE.—Aug. 1.
ORSINI'S ESCAPE FROM THE AUSTRIAN DUNGEONS. LANCASTER INSOLVENT DEBTORS CO URT.
Price One Shilling hoards.
THE AUSTRIAN DUNGEONS of ITALY. (Before Mr. Addison, County Court Judge.)
By FELICE ORSINI. IN RE CHARLES JAMES MATHEWS.
A Narrative of 13 months' imprisonment in the Castle of St. Georgio
(Now ready.) This insolvent, the comedian and late lessee of the
"'Tis only by a chance revelation like that which reached us the Lyceum Theatre, appeared on his petition to be die-
other day, when Felice Orsini escaped from the dreary stronghold 01 charged. Mr. M'Oubrey, with whom was Mr. Sowler,
Mantua, that we can form any
The im
idea of the afflictions which weigh supported the application.
upon the rich plains of Lombardy. Tes.
London : George Routledge and Co., 2, Farringdon-street. The debts were 9,781/ ,and after deducting the claims
without value, and others more than once entered, the
bona fide debts were 7,5511., incurred from June, 1854.
The insolvency was attributed to the unfortunate spe-
culation in the Lyceum Theatre, and also to having re-
newed old debts under the bankruptcy, in which it will
be remembered Mr. Mathews obtained a first-class cer-
tificate. A. loss of 5.0001. by the Lyceum Theatre was
stated on the proceedings.
To-day (Friday) Mr. Mathews, on making his appear-
ance, was not opposed with any effect. Oa the part of a
qedi tor an application was made for a portion of his
future income to be set aside for the general benefit of
his creditors.
Mr. M•Oubrey said the court had no power to grant
such an application. It was a matter which must be
!eft to the honour of the petitioner.
The learned Judge concurred, and thought that Mr.
Mathews was entitled to be discharged.
Having completed the proceedings, Mr. Mathews was
ieclared to be entitled to the benefit of the act, and
ordered to be discharged forthwith.

came to her full time. She arose from her bed and went
down into the kitchen, and was there delivered of a fe-
male child. Joselalso was down stairs, and he called the
girl Borng and asked her to come down to assist Mat-
thews. Burns soon went down, but found the kitchen
door fastened. She asked Jose to open it, bat he said he
could not leave Matthews. During the time she wa,
sanding at the doorshe heard Matthewe greats and a child
cry strongly. She at length got into the man and saw
Matthews, Jose, and a baby. George tame down, and
then Jese asked George to help Matthews up stairs, which
be proceeded to do. As Matthews was going out of
the room she told Jose to stop the child's crying. After
George and Matthews had left the room Tose thrust
his finger clown the throat'of the child with great vio-
lence, but that did not destroy its life. He did this for
five minutes. He then said that would not do, and he
went into another room and fetched a pan, into which
he poured a quantity of water from a pitcher, and he
then put the child hats the water and drowned it. After
the child was destroyed the body was placed in a cup-.
board in the kitchen, but Burns said she, would not
work in the room if the body remained there, and Jose
then took it up stairs into Matthews'B room, and put it
in a box. Burns event up to Matthews, who asked if
the child was dead. At a subseqtient period of the
Jay Matthews t old Burns not to tell* for,' if she did,
Jose would be hung, and she should get into trouble.
The two men went to their work and returned
in the evening about six o'clock ; a conversation
then arose as to . how the body should be disposed of,
and Jose asked George to go with him to a certain pond,
ea he took down a basket and put thaelaoely in it, and
he and George took the child frertaftbe house and car-
ried it to a pond about a mile or two from Truro. Jose
then attached a stone to the body by a cord, and threw
it into the pond. • On their return Matthews asked what
they bad done with the child, and Jose told her. Mat-
thews said it would be sure to be found ; but Jose said
he was not afraid of that • people might go to Austra-
lia and not find it. Matthews begged theta to say no-
thing, or Jose would be hung. On Friday the 28th
if March Burns, who was dreadfully flurried with
what she bad seen, left the house and went to her
nother's. On Saturday the 29th of March, about 3
or 4 in the afternoon, a boy named Tru,cott was
fishing in the pond, and observed the appearance of the
band of a child in the water, which was unusually low at
that time. He gave an alarm, and told a man named
Snell what he bad seen. Snell went to the pond and took
up the body of a child, disunited it from the stone to
which it was tied, and took it into the town of Truro to
the Union Hotel, and then informed Mr. Painter, a Bur-
geon, who went and saw it. He found it to be the body
of a female child full grown, and that it had been born
alive, and that it bad come to its death by suffocation.
A coroner's inquest was held, and a verdict of " Wilful
murder against some person or persons unknown" was
returned. On that evening Burns went to see Matthews.
As they were talking Matthews's little child came in,
and said the body of a child had been found in the
pond. Matthews said she was sure it was her child,
and begged Burns not to say anything about it, or Jose
would be hung. On Sunday, the 30th of March, the
body was placed in a coffin and buried, and, on that day,
inquiries having been made by the constable and other
persons, Mr. Painter and another surgeon went to the
house of Matthews for the purpose of discovering whe-
ther she had had a child. She denied it at first and re-
fused to be examined, but afterwards consented, and,
upon examining her, they found she had been delivered
within a few days. Matthews then went to the house of
Burns's mother, and implored her not to make any rove-
!ation on the subject. On Monday. the 31st of March,
Matthews and Jose were taken into custody, and
subsequently George and Burns. An inquiry took place
before the magistrates, and Jose then said the child
had been destroyed by poison. The body was then diein-
terred and again examined, but it was evident that that
had not been the case, but that it bad been suffocated,
although the injury to the mouth and throat was suffi-
cient to have caused death very speedily. All four
were then committed for trial, but Burns was admitted
Queen's evidence.
Of course the chief witness was the girl Burns, who
supported the above statement, adding that, when Jose
had his finger down the child's throat it struggled, and
that she begged Jose not to kill the child. She also
said that the child was alive when Jose put it in the pan
of water, and that she again begged him not to kill it.
In a very severe crossexamination by Mr. Cole, the
girl stated that she had al:, first told the policeman that
she knew nothing of it, because she had promised Mat-
thews she would not tell, and she had also told him a
different story, but she was now telling the truth. She
did not endeavour to prevent Jose killing the child, be-
cause a man was stronger than a woman, but she inte-
plored him not to kill it. Shu;ieelnot_tenv.bed t!_elsotiyee
I becattie she oonld not touch ...hrdeitecte'act
Other witnesses were called, who proved ,Boding the
body in the pond, produced the rope, and a garment In
which the body had been wrapped. They also deposed
to the keeping the body, its production to the surgeon,
and its burial, and afterwards its disinterment and repro-
duction to the surgeon.
The testimony of two surgeons who had examined the
child went to show that the death was caused by suffecas
tion. They also described the injuries in the throat. The
appearances were consistent with Burns'statement of what
had taken place. '
Nash, a constable, said that when George was in cus-
tody, he told him that on Thursday morning he was at
Matthews's house. He had gone to bed. Ahout four
o'clock in the morning he was called up by Jose. On
going down he saw Matthews, Jose, and Burns stand-
Ing in the kitchen. Jose asked him to help Mrs. Mat-
thews up stairs. He took hold of her to lead her up
stairs, and he then saw Jose stoop down where the child
was crying on the floor, and take hold of the child, and
shove his two fingers into its mouth and kill it. In the
evening he accompanied Jose to the pond. Jose carried
the child in a basket, and found a stone at the 'eater's
edge, and with a piece of rope be tied the stone to the
child's neck and threw it into the pond. Matthews,
when in custody, asked if he thought she would be hukg.
She said she bad never touched the child or killed it ;
they had done it between them. Jose afterwards re-
quested to see the constable, and he said, as George bad
said so much, he should tell the truth—that he called
George up, and when he came down the child was dying
on th floor ; that George went to a cupboard and took
out a bottle containing some kind of a drug, and poured
the contents of the bottle down the child's throat,
and said that would soon do for it, and the child died,
and they afterwards threw it in the pond ; that the
drug was what they had procured, and given Mat-
thews before her confinement to procure an abortion.
He said George had procured it. Matthews had taken
sod of
and me it.
her George said he had got vitriol and brandy
given .
Mr. Bevan was about to address the jury on behalf of
George, but was interrupted by the Judge, who told
him he did not think there was any evidence to affect
George as regarded the murder; there might be as re-
garded the concealment.
Mr. Bevan then said be should at once sit down.
Mr. Cole then addressed the jury for Jose, contending
that there was no evidence against Jose except his own
statements and the evidence of the woman Burns. With
respect to his own statement; they were proved to be
false by the surgical evidence, and as the statements of
the other prisoners were not evidence against him. the
case rested entirely upon the evidence of Burns. With
respect to Burns, he contended that, she being an ac-
complice and committed on the charge of murder her-
self, her evidence could not be acted upon by the jury
unless she was confirmed in some material particulars
with regard to Jose, and that it had been shown she
had in several instances sworn falsely, and that her
story was altogether improbable.

Now ready, with Map, price 3g.,
THE EUPHRATES VALLEY ROUTE TO
INDIA.

By a TRAVELLER.
Dedicated to W. P. Andrew, Esq., Chairman of the Scinde and '
Euphrates Railway Companies.
" After the very able work of Mr. W. P. Andrew, in advocacy of
the Euphrates Route to India, any further publicati.n of opinions in
support thereof might almost have been con- Idered an act of supere-
rogation, but we have much pleasure in noticing an anonymous
writer, whose views give full corroboration to those recemly enunci-
ated by Mr. Andrew. 'I he object of the writer, who has Evidently
given great attention to the subject, and possesses a vast knowledge
of the, requirements Di India, is to prove the practicabill,y of the
opinions set forth by General Chesney for the junction of the Medi-
terranean and the Persian Gulf via the valley of the river Euphrates."
Observer.
Loudon : Edward Stanford, 6, Charing-cross ; and all Booksellers.

GRAND BANQUET TO THE GUARDS
in the ARIBURNHAM PAVILION', ROY tL CREMORNE
GARDENS.—The public are respectfully informed that the Pavilk-n,
in which the Great Exh'bition of Waterer and Godfrey s American
Plants took place, which was visited by her Niqesty and the Royal
Family on the 9th of June, and will capable,. of dining 4,n00
21111:1110110.011PNWN100,1,e0frE , pre s'aStrimit toe will be
enabled to render the above Banquet-worthy of the British Nation
SubAeriptions will be received by the London and Westminster
Bank, the London and County Bank, aild the City Bank. Gentle-
men desirous of co-operating with the Committee, or by "acting as
-ztecvards, wig oblig- by communicating their names and addresses
to the 'ltinerary becretary to the Committee.
July 30, 1856. R. K. PHILP, Reform Club.

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.—BoneseN, July 30.
CROWN COURT.
(Before Mr. Baron Martin.)
.Williant, "%reran was indicted fer the wilful murder of
Benjamin Robinson, at Saltash, on the let of June.
The prisoner pleaded "Not Guilty—accident."
Mr. Collier and Mr. Holdsworth were counsel for
the prosecution, and Mr. C deridge defended the prisoner.
The circumstances of the case appeared to be these :
Deceased was serjeantrenajor of the guard on board the
Runnymede convict ship, and the prisoner was a corporal
under him. For several months there would appear to
have been a etrong feeling existing in the mind of the
prisoner against the serjeant-major, who was a smart and
active officer, and he had found it his duty to remon-
strate with those under him if they neglected their
duty, and among others he had found it necessary to
remonstrate with the prisoner. These remonstrances
produced a strong effect on the mind of the prisoner,
and he had been heard to say that if he found fault
with him he would put a bullet in his musket and
put it into him, and a day or two before the transaction
in question he spoke to Major Russell and asked
him to allow him to leave the ship, as he could
not sail with the serjeant-major ; but Major Russell
told him, if he did this be would lose his pen-
s'on, and then he consented to remain. On the after-
noon of Sunday, the let of June, the serjeant-major had
the men on parade, and examined their firelocke, Ste. It
was the duty of the men after this inspection to take
their firelocks down below ; they were loaded, but net
capped. An order bad been issued that only these who
were on guard should have caps on their pieces, arid
that the muskets should be placed on a stand upon the
poop. After the inspection on the afternoon cf the let
of June, and after the other men had gone below, the
prisoner for some reason remained on deck, with his
irelock in his hand, and he was seen to put a cap
upon it. The serjea.nt-major then told the prisoner
to call a man named Sullivan. The prisoner called
Sullivan, who came up and went towards the ssr-
geant-majer, who was on the poep. The prisoner fol
lowed Sullivan, and went up the poop ladder, and then
placed his musket on his hip, levelled it at the ser-
geant-major, and fired. The ball etruok the se jeant-
wajor in the abdomen. He exclaimed, "Oh, God I I
ant shot," and fell dead. The prisoner ran down the
poop ladder, where he was seized. He said, "Let ma
go, I have done it, but I was drove to it." The same
afternoon the prisoner stated to an inspector of the police,
"If I did it, it was an accident ; I did not know my
gun went off at first. It caught the hencoop, and went
7ilf by accident; but the serjeant-major threatened he
would get my pension taken away. At the time it way
lone I was not right. At times Ido not know what
I do." The prisoner afterwards said to a man named
Richardson, " You have' been the cause of this."
The above are the facts as proved in evidence by the
witnesses who were called on the part of the prosecution.
Mr. Coleridge, in addressing the jury for the priso-
ner, urged that the question was, with what intention
the musket was fired, and he contended that the whole
natter was accidental—that the musket was capped end
loaded in the ordinary way of duty, and that it was dis-
rharged by being caught in the hen-coop. It was not
reasonably proved that the prisoner knew anything of
the order that the guns should not be capped, for
Major Russell would not swear that the prisoner
was present when the order was given, and it was
admitted that the order had been given to pre
vent accidents. But, even supposing the prisoner
had heard the order, it was proved that till
within a few days the guns had been kept capped and
loaded, and it was unreasonable to suppose that, from
;rabit and forgetful of the order, be had resorted to the
old state of things, and had at that moment capped his
gun. Not one of the witnesses had presumed to say
that the prisoner had taken aim. He was entitled to
assume that what had not been proved could not be
eroved. If the prisoner wished to kill the serjeant-
raejor, why had he not selected a time when no person
was close to him? If there was ground to believe there
was a conceived hostility towards the serjeant-major,
then motive would be shown, but he contended no such
motive had been proved—mre want of good kindly feel-
ng was not sufficient. He called upon them not to believe
that the words sworn to by one witness, ae having been
uttered by the prisoner, were spoken by him, because
had he spoken them more than one witness could have
deposed to the fact. There bad been a quarrel between
thwrisoner and the man who bad given the evidence
upon that point, and they bad reported each other to the
.najor, and the prisoner had been upheld, and they had
never spoken to each other since, although it took Onset
eight months since. By the slightest change of words
the sentence might bear a totally different meaning, and
die quarrel which had taken place between the pri-
soner and the witness was a sufficient motive for vary-
ing the expressions which had been used. There
was no proof that the serjeant-major had ever said
a word about his pension ; but Major Russell had
stated that he had told him that if he left the ship he
might lose part of his pension. There was no motive to
commit this crime, but all motive was on the other side.
He had his wife, who had nearly beggared herself to de-
fend him this day, and he had his children. He had also
his character and his prospects, and he had, therefore,
every motive to deter him from committing such a
crime. They must say whether there was not reason-
able doubt. "Till," said the learned counsel, "I hear
your verdict I shall take the liberty of thinking there is
such doubt, and, if there be that doubt, leave him to the.
judgment of a higher Power. If you have any doubt,
leave him his life, and if he is innocent he has a right to
it, and which will be a sore burden, too heavy to bear, if
he is not. Remember this is a case in which you
can give no secondary verdict ; remember that if in
this case you make the evidence what it is not, or
strain it in a single point, you may do that man a
cruel wrong which you never can repair, and which you
may repent bitterly all your lives ; remember that God
will judge you as you judge your fellow-creatures ; re-
member that the same justice that you mete out to him
will be meted out to you; and therefore, I say, do your
dut
lyea st acchavording to the law; observe your oaths, and I,
at , e nothing more to ask of you. You have
solemnly sworn to make a true deliverance between the
Queen and the prisoner. You have solemnly sworn to
give a true verdict, according to the evidence. I ask
that verdict
hereafter at your hands, and may God so help you
eere and as you rightly discharge that most
solemn obligation to the prisoner, upon which you have
invoked the sanction of His most sacred name."
Mr. Baron Martin then summed up, calling upon the
jury to decide this important case entirely upon the evi-
dence. They had heard the witnesses and seen their
i
having retired for some time, returned a
demeanour.
e rTdh: tjoafrya
u
r
zity.

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E. R. FOSTER, Resident Director.
ANDREW FRANCIS, Secretary.
1, Princes-street, Bank, London.

OYSTERS.—J. S. SWEETING announces to
his friends and the public that on THURSDAY, July 31,
1856, he commenced having a daily supply of the Burnh am River
Native Oysters at his Fish and Oyster Establishment, 1.59, Cheansiile

THE CHANCELLORSVILLE FREEHOLD
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Capital 50,0001., in hO,OOO shares of 1/ each.
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The statement of the Directors of this Company to the Sharehol-
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CaliA R 0 FjaMuerß
7eß;g
Ann Matthews,aged 3E2, m
CROWN COURT.—July 31.
(Before Mr. Baron Martin.)
Ge, aged 19, and
Richard Jose, aged 35, were indicted for the wilful mur-
.iee of an infant, born of Matt sews, at Truro, on the
27th of March. A second count charged Matthews and
George with harbouring Jose after he had committed
the murder.
Mr. Stock and Mr. Coleridge were counsel for the
prosecution ; Mr. Bevan defended George, and Mr. H.
T. Cole defended Jose.
From the statements of counsel it appeared that
'Matthews was a widow, with three Children. She had
resided for many years at Truro, where she was much
respected and esteemed. She was a shoemaker. Her
husband had died four years ago, and had been a very
respectable man. About twelve months ago, in a fatal
hour, she met with the prisoner Jose ; an intimacy
arose between them, and soon afterwards he
came to lodge at her house, and from that time
they had lived in a state of adultery, for Jose was a
married man. Thus did Matthews fall away from the
paths of virtue. In the same house were living the pri-
soner George, and a young woman named Eliza Burns,
19 years old, wha carried on the same sort of illicit in-
tercourse as the others. The intimacy that subsisted
between Matthews and Jose led to its natural con.
sequences, and she became with ohild. That fact Was
known to scarcely any one. The greatest secrecy was
maintained, because she had an allowance from the pa-
rish for herself and her children, which she was afraid
woald be withdrawn if she bad a natural child. Some
attempts had been made to procure abortion, but had
tailed. On the evening of the 26th March the pains of
'abour appear to have commenced. Matthews cora-
dained of being very ill, and retired early to best. Jose
came home from his work, but did not go to ben
that night. George and Burns went to bed, leaving
Jose sitting up in the kitchen. About 4 o'clock on the
morning of Thursday, the 27th of March, Matthews..

Mr. Baron Martin, in summing np, said that he quite
concurred in the opinion which some of the judges had
expressed, that an accomplice ought to be confirmed be-
fore a jury could safely act on his testitnony, but, in his
opinion, in the present case Burns did not stand in the
position of an accomplice, for there was no evidenca on
the depo,ittons upon which the grand jury ought to have
been called upon to find a bill against her for murder ;
but still, as she had been committed for trial on that
charge, she might know that, and might think that the
effect of giving evidence would be to free her from the
charge, and they should th,trefore lock upon her evi-
-1 dence with suspicion. There was no evidence to fix
any one with the murder but that of Elizabeth Burns ;
still they were quite at liberty to act upon her evidence,
and, if they believed her, it was as foul a murder as
ever was committed as regarded the prisoner Jose.
A juror wished to ask the medical gentleman whether
so young a child could live five minutes with a man's
finger down its throat;
Toe surgeon said, unless the air were perfectly ex-
cluded it could live much longer.
Another juror wished to know whether a man's finger
was long enough to exclude the air?
The surgeon said no doubt it was, if pressed against
the windpipe.
The jury retired for some time, and then sent in a
note to the judge, who sent for Sergeant Channel!, and
they retired into their private room to consult toge-
ther. Baron Martin then came into court, and sent an
ansc% cr, but in a few minutes he sent for the jury into
court.

His Lordship then') egged them not to be guided by
any opinion of his, at to give their verdict quite inde-
pendently of it.
The jury then said they had agreed, and they found
Jose guilty of manslaughter. Geor4e guilty as an acce,-
sory after the fact, and Matthews guilty of conceal-
ing the birth.
The Judge then said it was his duty to state that in
the paper the jury had sent in to him they had asked
him whether they could find Jose guilty of manslaughter.
Ile had some doubt about it, and had consulted his brother
Channel!, and the answer he had sent the jury was that
he himself should either find him guilty of murder or
acquit I,itn ; but he did not know any legal obstacle to
their finding him guilty of manslaughter. The jury had
taken a most merciful view of the case. His opinion
certainly would have been that he should have either
found him guilty of murder or have acquitted him, but
c was the verdict of the jury, and he should therefore
entence Jose to be transplrted for life, and Matthewk
and George to 12 months' imprisonment.
Every one was struck with thekross absurdity of the
verdict ; for if they believed the girl a more horrible
murder cannot be conceived ; if they did not believe hem

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