The Sun.
London, England, 1858-11-30 00:00:00

THE VERDICT

COURT OF BANKRUPTCY.,
(Before Mr. Coriunissooner Fano.)

THE MURDER IN ,GLOUCESTER
STREET.

THE ADJOURNED INQUEST-(T "HIS DAY.)

killed the man. When I went down stairs the flr,st time I
found the kitchen door closed, so I kicked out one of the
panels, and afterwards I went up stairs to get some•thing
to force the door with, when, on returning, I found the
prisoner on the stairs. I then took him to the station.
By a Juror—After I had broken the pannel of the kitcl len
door the prisoner pointed his pistol at me, and said, you
are a dead man if you enter here."
By Mr. Lewis—The pistol was in the prisoner's harld
when I apprehended him.
By the Coroner—l did not examine the pistol to gild
whether there was a cap on it. The charge was drawn b y
the inspector at the station. I don't know whether thetv
had been an attempt to discharge the weapon.
Sergeant Brown, 10 E, said—l was at 17, Gloucester-
street at a-quarter past 11 in the morning. I went at once
tl the kitchen. I saw the deceased lying on the floor with
his throat cut, and the prisoner Toomes in custody of the
last witness. I did not find the pistol, but it was given to
me by Mrs. Savrge. There was no cap on the nipple, but X
found one on the kitchen table in the state which I now.
produce it. (The cap had been placed on the pistol in a bad
position, and had been struck 'off without exploding.) I told
-him then he must consider himself in custody. On his
way to the station he said, " It's an unfortunate job for me
the pistol did not go off ; that's what made me use the
razor." The charge in the pistol consisted of powder and
ball.

By a Juror—When the pistol was given to me the ham-
mer was down.
Inspector Witham, E division of police—l saw Toornes
at the station. The pistol was given to me-by the witness
Webb. I drew the charge. The hammer was down, btzt
the cap was off the nipple. The charge consisted of powder,
one ball, and two pads of wadding. There was the usual
quantity of powder. I have ascertained that the pistol was
bought in Upper-street, Islington, on the Tuesday morning.
On the way to the police court the prisoner said to me,
" The idea of two women and a man being in the house."
I said you had better not say anything to me as I must
repeat it before the magistrate, and he said, " Well, I did it."
A Juror—l think we ought to have the person here who
sold the pistol.
Inspector Witham—The prisoner himself told me where
he bought the pistol.
The Coroner—Have you discovered where he purchased
the razor.
Witness—tes, sir, in Gray's.inn-lane, aboUt a quarter of
an hour before the the murder.
sir ?
Coroner (to Mr. Lewis)—Have you any witnesses to call,

Mr. Lewis--:No, sir; not at present.
The Coroner—Then that closes the evidence. Gentlemen
of the jury, in accordance with your desire, I forwarded
your request to the authorities at the Home Office, and the
following is the answer I received to the communication :
Whitehall, Nov. 27, 1858.
Sir,—l am directed by Secretary Walpole to acknowledge
the receipt of your letter of the 25th inst., and to inform
you that the request which you enclosed upon the jury
empannelled to inquire touching death of Charles Cantly,
Mr. Walpole has informed the ;Commissioners of Police
that the officers may? consistently with their duty, take
Edward Toomes, a prisoner on remand, charged with the
murder of Charles Cantly, before the adjourned inquest on
Tuesday next, on their way to the police court, for the pur-
pose of being identified. But I am to add, that Mr. Wal-
pole's instructions have been given to the police upon the
strict engagement made in your letter, that they shall after
wards be allowed to remove the prisoner, in performance of
the obligation which the law clearly imposes upon them to
take him before the magistrate at the hour fixed by the
warrant of remand.

I am, Sir, your obedient servant,
H. WADDINGTON.
Gentlemen, I don't think that there is any desire on the
part of the Home-office to prevent prisoners attending
before the coroner. I think it arises from the magistrates
of the county, who govern the House of Detention, they
believing that they had no power to remove a prisoner
except under an order of the committing magistrate. But
I de hope that as the Secretary of State has now exercised
the power vested in him by law, that some steps will
be taken to make some alterationin the orders now in force,
as T think it indispensable that a person who is accused of
taking away the life of another should be present during
an investigation which so closely affected his life.

By the advice of Mr. Lewis the prisoner reserved his de-
fence.

The coroner having summed up, the jury, without the
slightest deliberation, returned a verdict of " Wilful Mur-
der," against Edward Townes.

A vote of thanks to the Home Secretary (Mr. Walpole)
for his kind consideration of the application of the jury
was agreed to unanimously.

The jury, at twenty minutes to three, after an hour and
a half's deliberation, entered the Court and delivered the
following verdict :

" We find that Mr. Marchmont was guilty of cruelty to
his wife, and also that the cruelty was not condoned."

THE ROYAL BRITISH BANK- IN RE HUMPH: EMT BROWN.

To-day was appointed for the .consideration of the certifi-
cate alb.° bankrupt, who was mho of *the dirietora of the.
Royal British Bank.

Mr. Linklater said he appeared for the assignees of the
bankrupt, and for the assignees of the Loyal British Bank,
and had been instructed to oppose the petition, but it had
been suggested that, considering the great Lumber of wit-
nesses who would be called upon, the great expense which
would be incurred, and also taking into consideration the
length of time. Mr. Brown had been impriso tied, that the
opposition should not be pressed, but that they should con-
sent to the bankrupt having a certificate of the third olass,
after such a suspension as the Court might think fit. Ho
(Mr. Linklater) therefore had to ask for an adjournment
that the assignees might consider the suggestion.
Mr. Bagley, for the assignees, consented, as it would be
impossible for Mr. Brown, as he was at present, to bear the
expenses he must otherwise necessarily incur.

The adjourned inquiry into the eircumstavekes attending
the death of Charles Curtly, was resumed this l'uorning, at
the Harpers' Arms, Theobald's-road, before Mr. Wakley,
the coroner for Middlesex.
The utmost interest was excited on this occasion 1.1 con-
sequence of its having been rumoured that the Secretary
of State for the Home Department had grave direction; for
the prisoner to be present.
Mr. Lewis, jun., of Ely-place, attended on the part of
the prisoner, Edward Toomes.
After the preliminaries were gone through, Mr. Wakley
ordered the police to bring in the prisoner, and in a few
minutes afterwards Edward Toomes entered the room,
having a police constable on either side and wearing hand-
cuffs. He appeared to be a little confused, but in about 10
minutes from his appearance he relapsed into that state of
indifference and unconcern that has characteria ed hi,e con-
duct ever since the act was committed.

Mr. Steggall, the surgeon, was first called; an id in answer
to questionsput to him by Mr. Wakley, said—.l have made
a post mortem examination of the deceased since the jury
last met. I have no doubt whatever but that the &ceased
died from the effects of a wound in the throat. It com-
menced on the right side. The external and internal jugu-
lar vein and the carotid artery were completely severed.
Elizabeth Hodgkin—l positively identify the) prisoner as
the person I saw in the kitchen of 17, Gloucester-street
standing over the deceased man Cantly. I saw a pistol in
one hand and a razor in the other.
By Mr. Lewis—He made no resistance when ho was
taken into custody.
Thomas Webb, a police-constable in the E division, said
he took the prisoner into custody last Tuesday week about-
half-past 11 in the morning at 17, Gloucester-street
Queen's square. He was on the kitchen stairs. He was
alone. He said, when I took him into custody, "I havo
done what I intended to do." I took Toomcw back to the
'kitchen, where the body was lying on the ground. Toomes
pointed to the razor lying on the dresser, and paid, " I did
it with that razor." I did not ask him with Wl!iy he had