The Sun.
London, England, 1860-09-03 00:00:00

P OLIC 3 IN TEL LIG ENCE—Sept. 1.

SOUTHWARK.--ALLEGED MURDER OF A WIFE
BY HER HUSBAND.—At a late hour on Saturday
Patrick M'Carthy, a middle-aged man, described as
a labourer, was brought before Mr. Burcham by
Sergeant M'Cloud, charged with causing the death
of his wife by violence.
The officer said that he was on duty in Redcross-
street, Southwark, about one o'clock on Saturday
morning, when he was called to No. 7, Thorn's-
buildings, and in the upstairs front room he per-
ceived a female lying dead on a bed. The prisoner
was there, and several other persons, and witness
asked him whether he was her husband. He said
that he was, and that it was a bad job for him, but
he did not use any violence. Witness told him he
must take him into custody, and as the prisoner was
about to say something he gave him a caution. The
prisoner then said that his wife came home drunk
and fell down.

Mr. Burcham asked whether the woman appeared
to have died recently ?
Sergeant M'Cloud replied that she was quite cold
when he was called in, and appeared to have been
dead three or four hours. Before leaving the house
the prisoner said that he had severely injured one
of his feet, and when his wife came in he was
sitting on the edge of the bed bathing the foot. She
had a child in her arms, and she asked him to take
it. He told her that he could not take it just then,
and she slapped him on the head. He put his hand
up and pushed her away. She fell down, and her
head came in contact with a large box. She vomited
very much, and he immediately took the child from
her, and tried to lift her up. but his foot being so bad
he could not, consequently he called in a man from
tbe lower part of the house, and then he found her
to be insensible. They bathed her temples and
rubbed her hands, and finding that she did not re-
vive he sent for a doctor, who immediately at-
tended, and found she was dead.
Mr. Burcham—W ere there marks of violence on
the body ?

Sergeant M'Cloud—l did not perceive any. Hu
nose appeared to have bled very much. Dr. Leach
attAndA her, but he is not.preseut.
Mr. Burcham (to the prisoner)—You have heard
what the officer has stated. Have you any questions
to a,..1c. him ?

Prisoner—No, sir. It's all true what he stated.
My feet are very sore, and while I was bathing
them she came in, and I was afraid she would fall
against me, and I put up my hand to keep her off,
when she fell down.
John M'Carthy, a lad about eight years of age,
son of the prisoner and the deceased, said he was at
home when his mother came in, and she was very
passionate. She wanted father to take the child,
and he pushed her, and she fell backwards against
the large clothes box. She never spoke afterwards.
Helen M'Carthy said—l am in service. The de-
ceased is my sister, and unfortunately she has lately
been much addicted to drink. The prisoner, however,
is a very sober and industrious man. I have not
been in their house for some time, but I know they
were not very happy together.
Mr. Downs, the builder, of Queen-street, here
came forward and said—l have known the prisoner
some years, and he is a very steady man. Unfortu•
nately for him, he hurt his foot lately, and has not
been able to work.
Mr. Burcham—This is a very painful case, and
one that I cannot deal with. The prisoner must be
remanded for the attendance of the doctor, who will
make a post mortem examination of the body, and
then can explain the probable cause of death. The
prisoner is therefore remanded until Wednesday
next.

THE INDEFATIGABLE MRS. COBBETT AGAIN.—In

the course of the afternoon Mrs. Cobbett, the wife
of Mr. William Cobbett, who has been some time
incarcerated in the Queen's Prison, attended before
his worship to seek his assistance in getting her
husband libefated.
Mrs. Cobbett, who had several acts of Parliament
in her hand, courageously took the,part.of her hus-
band. She said he was illegally imprisoned at the
suit of Mr. Wood, and in looking over the acts of
Parliament she thcught his worship could order his
discharge.
Mr. Burcham—But I have no jurisdiction in the
matter.

Mrs. Cobbett—You can come into the prison and
take my husband's deposition. I know you have
jurisdiction. I have had counsel's opinion on the
subject, and my husband has looked over the acts
of Parliament, and he is improperly arrested.
Mr. Burcham—According to the document you
have just handed to me your husband was arrested
on the 11th of July, 1856, and was afterwards taken
to the Queen's Prison. If you want any assistarnio;
to release him you must apply to the suPe

courts.
look into the
Mrs. Cobbett—l think, Sir, if you
statutes, that you have power to in.terfere. You
the law does not authorise his imp
perceive that it was an action ofriesjoencmtmeenn.tt, and
Mr- Burcham—What is your application to me
then ?
Mrs. Cobbett—l want you to grant a summons
against Mr. Wood to sho mortgagee,
why he detains
my husband. He was the and as an
action under the Turnpike Act the Court ordered
him to pay the costs, and in default of that they
locked him up.
Mr. Burcham—Your husband has been arrested
and if illegally your either legally or illegally,
re-
medy lies with the Court from whence the ca. sa.
was issued.
Airs. Cobbett----But the court is eloped now.
Mrs. Cobbettßuet
Mr. Burcham—yes know that • but there is
always a judge to be found ma bietr,
it's no use un-
less before a full
court, and I think you have power
to assist me. In fact it would be the quickest remedy.
I -cant to know why
Mr. Wood falsely imprisons
my husband, and
that you can inquire into by
granting a summons. I know that a full court
would order his discharge, but this is a new point,
and I want your worship to have the parties before
you.
Mr. Burcham—l have no jurisdiction in the mat-
ter. Your husband has been arrested under a ca.
sa. from a superior court, and if anything has been
illegal your remedy will be in the first instance to
apply to a judge to get it cancelled, and if so after-
wards your action of false imprisonment may lay.
Mrs. Cobbett—This is-very hard of you. You
can grant a summons and hear the case, as it is in
your district.
Mr. Burcham—l tell you I have no jurisdiction
in the matter as a magistrate. Mr. cobbett is im-
prisoned, at all events, under colour of law, and I
have pointed out to you your remedy, and that is,
apply to a judge of one of the superior courts. I
cannot issue a summons.
Mrs. Cobbett—Can't I indict them ?
Mr. Burcham—You can if you like, but it is not
for me to decide whether the imprisonment is illegal