The Sun.
London, England, 1856-07-30 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—NZWCASTLE, JULY 28.
(Before Mr. Justice Willes.)
His lordship, accompanied by the Right Worshipful
the Mayor, Sheriff, and Under Sheriff, took his seat on
the bench soon after 12 o'clock.
OHAIME 01' 3111tHER.
Thos. Fothergill, 49, was charged with the wilful mur-
der of Thos. Smith, on the 3d of May.
Mr. Digby Seymour and Mr. Bailey appeared for the
prosecution, and the Hon. A. Liddell for the prisoner.
Mr. Seymour opened the case, and called
Michael Dunn, who said he was a labourer, and re-
sided in Newcastle, and worked with Mr. Kent, at Els-
wick Quarry. The deceased worked there. On Satur-
day, the 3d of May, he was at work in company with
the deceased and the prisoner. The deceased was wheel-
ing a barrow, and the prisoner was getting stuff down
with a pickaxe. The deceased came in with an empty
barrow, and witness had the full one ready for him to
wheel away. The deceased put down his empty barrow
and stood between the handles a short time, when the
deceased said "This stuff is coming away slow." Wit-
ness said, "Are you not getting up stuff enough?" when
deceased said, " No, but if you had a good man it would
come faster." The prisoner at that time was a short dis-
tance off. The deceased then took up the barrow, and as
he was wheeling it away the prisoner followed him, and
struck the deceased with the pickaxe. The deceased im-
mediately fell. The pickaxe was flat when the prisoner
raised it, but he could not say whether it was a severe blow
or not. (The pickaxe was here produced, and on the wit-
ness examining it he said it was similar to the one the pri-
soner struck deceased with.) After the blow was given the
deceased fell over the handles of the barrow ; and before
witness could get to the deceased the prisoner struck a se-
cond blow, when he seized him by the arm and drew him
away from the deceased. The pickaxe then fell out of pri-
soner's hand among other picks. Witness then went and
lifted the deceased up, and put him on the bank side, when
he made signs to witness to give him a drink, and also
his can. Witness fetched the can. When the deceased
spoke the prisoner went after him without saying a word
and struck the deceased. who was bleeding when lifted
up. There was a small stream of blood under his jaw.
After gettinga drink the deceased got up and went away
home. Witness did not say anything to the prisoner at
the time, but afterwards he told the prisoner it was abad
job. The prisoner replied it was, but Smith was still ag•
gravatiug him. During the forenoon, sometime before
the blow was given, witness heard the deceased say that
he had wiped his backside with many a better man than
Fothergill, the prisoner.
Cross-examined by the Hen. A. Liddell—He had
worked with the prisoner some weeks, and he always
thought him quiet. The deceased was not overman.
He had been wheeling for the deceased in the morning,
and witness took the deceased's place, and afterwards
the deceased wheeled again. The stuff was wheeled away
a good bit off. When the deceased took the barrow up
witness began to fill the empty barrow after be brought
the empty one in to its proper place. The deceased
would pass near the prisoneras be went with the barrow.
ti Re-examined by Mr. Digby Seymour—The deceased
would be nearer the prisoner with the empty than the
full barrow. He went some distance with the barrow,
but he could not say how far. At the time the blow
was struck witness was just pulling in the empty bar-
row, and in order to pass the prisoner be turned it over.
Thomas Melling on the 3d of May was working in the
quarry, and saw the deceased sitting on the stones above
the quarry.
Cross-examined by the Hon. A. Liddell—The prisoner
was a very quiet man.
Ann Calbraith said that the deceased lodged with her.
He had been with her five weeks. He came home on
the 3d May, and could not speak when he first came in.
The blood was running down his shirt, and on his asking
her to dress the wound she took him to the Infirmary.
Joseph Potts, inspector of police, said that on the Bth
of May he apprehended the prisoner in his house in St.
John's-lane. On arriving he asked the prisoner his
name. He replied Smith, and asked how the deceased
was. Witness said very ill, when he said, "I intended to
give myself up if the man died, and I am sorry for what
I have done."
Thomas Annandale, surgeon of the infirmary, saw the
deceased on the 3d May. He examined him, and at that
time he was insensible. He found a small incised wound
on the left temple. The temple bone was driven into the
brain. There was no other visible outward injury, and
he died on the 14th. He made a post mortem examina-
tion. He found extensive injury to the brain, and the
skull was fractured to the base. The brain itself was much
torn. The wound in the head was caused by violence,
and which a blow from a pickaxe was likely to produce.
He also found two lacerated wounds on the spleen on the
left side, and a large quantity of blood had escaped from
the rupture into the belly. The blows must have been
very violent, and either of them was sufficient to cause
death.
Cross-examined by the Hon. A. Liddell—A fall on
the left side by a sharp projecting instrument might
cause the wound in the head. The deceased had a re-
markably thin skull.
The jury returned w verdict of guilty of manslaughter.
The prisoner was sentenced to transportation for life.