The Sun.
London, England, 1858-12-15 00:00:00

ASSIZE INTELLIGENCE,

NORTHERN CIRCUIT—IdvEuPooL, Dec. 14.
(Before Mr. Justice Hill.)
MURDER AT WINDLE, NEAR ST. HELEN'S.
Hugh M'Cabe, aged 22, and Michael Murphy,
.z ged 21, were indicted for the wilful murder of
Robert Vose, at Windle, on the sth instant. The
charge against M'Cabe was only upon a coroner's
inquisition.
The prosecution was conducted by Mr. Simon
and Mr. Temple ; and the defence by Mr. Wheeler
and Mr. J. B. Aspinall.
Mr. Simon, who opened the case, said that at the
outset he thought it only right to state that it was
quite possible that the evidence would be of such a
character as to release the jury from the responsi-
bility of considering the charge as a capital crime.
They would, however, have to discriminate between
the prisoners as to their individual responsibility,
and guilt. It might be that both prisoners were in-
volved, but it was still possible that only one of
them was. The prisoners were both labouring men,
residing at St. Helen's, and on the night of Oct. 5,
the deceased, his cousin, and some other men were
in a public-house called the Peel Arms, when the
prisoners, who had previously been drinking at the
Star beer-house came in. A quarrel ensued respect-
ing a quart of ale, and an angry altercation took
place. At 12 o'clock the landlord ordered them out
of the house. Deceased, and his cousin Richd. Vose,
left the house first, and the others came out after-
wards. M'Cabe and deceased began to fight, and
others taking part in it the melee became general.
According to the evidence of one witness, deceased
struck the first blow, but another witness said that
M' Cabe first struck Vose. During the fight Murphy
ran across the street to the place where they were
-fighting to assist M'Cabe, and was knocked down
by Richard Vose. According to the latter witness's
evidence deceased ran down. Water-street for the
purpose ofgoinghome, and was followed bp M'Cabe,
but according to another witness, after deceased
and M'Cabe had been struggling on the ground the
police arrived, and they both got up and ran away.
About ten minutes afterwards a man was found
lying on some waste ground near the road. The
man who discovered him thought he was drunk,
and there being a rattling in his throat he only
thought he was going to vomit. He turned the man
over, but did not observe any blood upon him. It
was very dark at the time. The body was found
about half-past 5 lying in the same place quite stiff
and cold, and on examining it two wounds were
discovered—one on the left arm, and another on the
left breast, penetrating into the chest. This wound
was-the cause of death. Mr. Simon then detailed
the circumstances of the arrest of the prisoners,
particularly dwelling upon the fact that when
M'Cabe was arrested, although not charged with
any,offence, the first words he uttered were, " Is
the man dead ?" The learned counsel contended
that this question was only consistent with the
prisoner's knowledge that he had inflicted a dan-
gerous wound upon the deceased.
The examination was conducted by Mr. Temple.
A number of witnesses having been called on the
above facts,
Mr. Aspinall addressed the jury on behalf of
M'Cabe, dwelling upon what he considered the
insufficiency and discrepancies of the evidence. In
the melee it was quite possible that the stab might
have been inflicted by some other person, and with
regard to M'Cabe's remark, " Is the man dead ?" it
was accounted for by the fact that when the crowd
followed the prisoner he had overheard their con-
versation and remarks.
His lordship having summed up,
The jury retired, and in about half an hour re-
turned a verdict of acquittal in the case of Murphy,
and a verdict of manslaughter in the case of
M'Cabe.
Sentence deferred.
EXTENSIVE FORGERIES BY A NEWSPAPER PROPRIE-
TOR AT WIGAN.
John Pollard, 34, proprietor of the Wigan _Exa-
miner and London Colliery Guardian, was arraigned
on a charge of forging receipts and transfers of cer-
tain shares in a building society, of which he was
chief secretary, in Wigan. There were five dis-
tinct bills found by the grand jury against the pri-
soner, all for felony. Though he had upon arraign-
ment pleaded not guilty, the prisoner upon being
called on for trial withdrew that plea and pleaded
guilty.
Sentence deferred.
The trial of Henry Reid for the murder of his
wife (by strangulation) at Manchester, had just
opened when our parcel was despatched.
(Before Mr. Baron Bramwell.)
Carl Stadtmuller, 24, and Auguste Wilhelm, 29,
were indicted for the wilful murder of Margaret
Bilborough, at Manchester, in September last.
Mr. Sowler, Q.C., and Mr. Fearnley prosecuted ;
and Mr. Torr appeared for Wilhelm, and Mr.
Deighton appeared for the other prisoner.
Mr. Sowler said that his learned friend and
himself had given the facts of the case their best
consideration, and they had come to the conclusion,
under his lordship's sanction, to take a verdict of
acquittal in the case of Stadtmuller, and make use
of him as a witness for the prosecution.
His lordship thought that this was an unusual
mode of proceeding, and that if a prisoner turned
approver he ought to do so before being given in
charge to the jury.
Mr. Sowler, however, having handed up to the
bench a legal authority upon the point,
. His lordship acquiesced in the proposed course,
and a verdict of acquittal was therefore taken in
Stadtmuller's case.
Mr. Torr, who said he had not received any inti-
mation upon the subject, but, on the contrary, had
been assured by the counsel for the prosecution
that they had no fresh evidence to tender, applied
for an adjournment of the trial to the next assizes,
in order that he might be informed as to the nature
of the revelations which would be made by Stadt-
muller.
His lordship, though he admitted the inconve-
nience and embarrassment of Mr. Torr's position,
said he could not adjourn the trial unless Mr. Torr
could cite some case as a precedent.
Mr. Torr could not cite a case exactly analogous,
but he did mention one, in which on the ground of
fair play alone his lordship had, at Stafford; taken
the unusual course of trying two prisoners indicted
for the same offence separately.
His lordship still thought that he could not
adjourn the present case.
ir. Torr, having consulted with Wilhelm, an-
nounced that the prisoner preferred being tried at
once.
Mr. Sowler (having explained that up to the
very last moment the counsel for the prosecution
had refrained from receiving Stadtmuller as an
approver, but that they found they could not reach
the other prisoner except through his evidence),
proceeded to state the facts of the case. The de-
ceased, Margaret Bilborough, was a young woman
28 years of age, full grown, and exceedingly robust
in constitution and habit. In the course of last year
she resided with some relations named Bilcliffe,
who kept a tea-garden, atHulme, near Manchester.
Afterwards, however, she went home to her friends
in Tadcaster, but. in Feb. of this year the Bilcliffes
opened a beer-house called the General Havelock,
in Stretford New-road, Manchester, and she came
again to live with them and to assist them in their
business. She remained there from Feb. until early
in Sept., when (for what purpose would be seen
afterwards) she became in the habit of sending a
woman and a man to the shop of the prisoner Wil-
helm for medigines.
Mr. Torr here interposed an objection. The chief
evidence would show that death was caused by in-
struments, and was Mr. Sowler at liberty to show
that which would amount to other and separate
violence ?
Mr. SoWler explained that the use of instruments
was in some measure the cause of death, but not
altogether. There were medical preparations for
the use of the instruments, and it was relative
therefore, he contended, to show the use of such
preliminary medicines.
His lordship being of opinion that Mr. Torr's
objection was not strong enough to stop the case
at this stage,
Mr. Sowler proceeded—For several weeeks before
deceased's death she had been in the habit of send-
ing to the prisoner Wilhelm for medicine of a par-
ticular description, which was conveyed to her by
two digtinct messengers, and on five or six diffe-
rent occasions. She was, as he had before said, of a
robust habit, and the medicine which was adminis-
tered (ergot of rye) had not the effect of expelling
a child four months old. On Saturday afternoon,
the 28th Sept., the deceased went to Wilhelm's
shop, in Strangeway's, from about two o'clock until
half-past eleven. About six o'clock"a girl named
Robertson heard screams five or six times issuing
from the prisoner's shop, and about half-past 11
Wilhelm's wife and the deceased were seen getting
into a cab and driving from the shop. The de-
ceased was evidently in great pain, and "Mr. Bil-
cliffe would inform them that when she got home
she seemed to be exceedingly ill and disordered,
and went to bed almost immediately. On Monday,
the 27th, she was so ill that the prisoner Wilhelm
was sent for. -Wilhelm went again to the house
that day, and after remaining down stairs until a
person who was dining there had left, he went up
and saw the deceased. He told Mr. Bilcliffe that
she was suffering from inflammation, and that he
would send her medicine. The medicine was sent,
and Wilhelm called again on the same evening,and
also next morning. On this last occasion Stadt-
muller' was with him. They went upstairs, and
after consulting together, they ordered some
leeches to be sent for. A woman who was nursing
the deceased was ordered, to leave the room, and