The Sun.
London, England, 1858-03-22 00:00:00

ASSIZE I.Y I'ELLIGENOB.

of mercy, but of justice, to say the prisoner was
.gnilty,. not of murder, but en enelanghtei only.'
Mr. Baron Watson passed a warm eiilOgiurn on
the manner in which the prisoner had bees. defen-
ded, and then summed up the evidence with great
minuteness. After explaining the distinction be-
tween murder and manslaughter, his lordship
direc•ed the attention of the jury to the question
whether there had been any provocati-n giVen to
the prisoner by blows, so as to reduce the crime to
manslaughter. The prisoner had stated that there
had teen a scuffle, but even he had never said the
old woman had struck any blow. When a deadly
instrument was used, it required greet provocation
by blows before the crime of murder could be re-
duced to mansiatighter, and the jury must say
whether or not they cou'd come.to the conclusion
that there had been su li provocation in this case.
The jury retired, and ou their return into court
they found the prisoner guilty.
Mr. Baron Watson then assumed the black cap,
and, proclamation of silence being made, his lord-
ship said that after a long and patient trial the jury
had found the prisoner guilty, and in that verdict
he entirely concurred. had looked in vain at
the evidence to see •f there was anything to reduce
tile crime .0 mausl•u..,ll.er.. Tee guilt of 1,1,,a was
upon toe prisoners heed, ,nd he must die. and pre
pare himself to meet that Judge b:fore wit em he
and ell must, appear. Time would be given to hie),
which he had not given to his uufortunate vie im ;
end his lerdship implored t prisoner to apply
himself to he consolations of relieion, so that he
might be prepared fur the tribunal before which he
was about toappea% His lordship then pronounced
sentence of death in the usual form.
The prinner was then removed.
William Charles Browne, aged 25, engineer, was
charged Rite forging an endorsement to a bill of
exchange for 1961. 165., with intent eo deft aud the
members of the Old Bonk at Shrewsbury, on
D,-c. 3t, 1857.
Mr. Scotland and Mr. L. Warren appeared for
the prosecution ; Mr. Cook Evans.(with whom was
Mr. Neale) defended he prisoner.
It appeared that the prisoner, a young man of
extremely good appearance, was, in Dee,m).er last
living with a Mr. Briscoe, a builder at Ketley, near
Wellington. Ott that day the prisoner called upon
Mr. Eyton, member of the firm called " the Old
Bank" at Shrewsbury, at his residence at Eytou,
near Wellngton, and asked him to make an ad-
vance upon a bill of exchange which he produced.
The hill was in this form :
" 11561. 165., March 19.
"23, Moorgate-street, city, London, Doc. 16, 1857.
" Three months after data pay to my order in London
the sum of one hundred aril ninety-six pounds sixteen
shillings, value received.
WILLIAM CHARLES BROWNE, Ketley, near
Wellington, Shropshire.
"To Messrs. A. Barrington, merchants, 28,
Moorgate-street, London, 185'."
"Accepted, payable to the Union Bank of London.
A. E. BERRINGTON and L. ROTHSOHILDE."
Mr. Eytou told the prisoner that he did not know
any of the parties, and asked him if Mr. Briscoe
would put his name, upon the bill. The prisoner
said he thought he would. Mr. Eyton then wrote
a letter to a gentleman at the hank, stating he knew
nothing of any of the parties, but that lie had had
dealings with Mr. Briscoe, and he had always paid
him feithfulle. He gave prisoner the letter, and the
same day the prisoner presented the bill at the
bank at Shrewsbury. It then purpot ted to be en-
dorsed by " Thomas C. Eyton, Eytone" The cashier
believing the endorsement to be Mr. Eyton's, as
stated by the prisoner, discounted the bill, and
gave him the amount (te,,s discount) viz., 1951.
odd. The prisoner endot see the bill-in the cashier's
pres,nce, and also gave his c et d of address, and then
went away. In a shirt time be return• dto the bank
and sta.ed they hae given him too mueleby 54, but
the cashier, ou counting the money, found it was all
tight, the p lam r's m s•aeo, it any, having arisen
from his counting a 5/. n number of 104
notes, as if i had b .en 10/. S ton after his departure
some conversation took plaue at tne bank aboutthe
endorsement, which was c le,idered a strange thing
for Mr. Ey on to do, and ioquities being made of
Mr. Eyt the same night, it was diseovered that
tee e do seinen' was foreed. Toe prisoner was ar-
rested in the middle of the night, in bel with his
lit le :Sty, and iu his room was found a large por-
tion'of the money, and also a • eceipt for abc,ut 401.
wh ch had b.-en lodged in a bank in Mr. Briscoe's
n one. Tile letter written by Mr. Epon to the
cashier was also found on the mattress. The next
morning Mr. Eytou received a letter by post
from the prisoner, stating that he had not been
able to get the bill discounted, as they knew
none of the parties, bit., he was equally ooligee
to Mr. Ey•ton for his kindness. When taken
eefore the magistrates up-n the charge, the pri-
oner that he had forged the sig-
iiaiure, but :rat, d. that he had no intention
to defraud, and expected to receive motley by
which he would have taken up the 1411. • Mr. Ey-
_o,, was cro=ss-i-xatutued to show that he had re-
ceived the pcisoner at his ht.use with great kind,
ues., end r hat from the conversation wh ch hid
Itaken oi4Ce •he pnqnri,r might hare supposed he
ad a rity ,o use his name. The witn.sg, how-
ever, s4id hr. had referred the pri,oner entirely to
the potpie at the Bank, with the lt t:er stating that
he lct ow nothing of the patties. It appeared that
the ptisonerhail beea for about 20 minutes with
Mr. Eyton, and that in the course of the conversa-
tion tee prisoner produced from his pocket a fossil
fern, which Eyton accepted as a present, to
put in his collection.
Mr. Cook Evans submitted that, upon the evi-
dence, it mast.te taken that this was a good bill,
and that if it had been duly presented at the Union
Bank of Lyndon when it bin tme due, viz, .on-the
19 h inst., it would have been paid, and no loss
would have bee I sustained.
Mr. Baron Watson, however, overruled the ob-
jection, and said that if the prisoner petite money
by means of the forgery, the intent to defraud was
proved.
Mr. Evans then addressed the jury, and urged
in favour of the prisoner, that if he reasonably be-
lieved that he ha 1 authority to use Mr. Eyt n's
name it would nit be forgery, though, in fact, he
had not such authority. He contended that ti e
conduce of Mr. Ey ton in accepting a fossil fern, an
article of great value to scientific o•hit'emen, and
kind ki manner in which lie received the prisoner's
aeplicatiou, might have led him to believe that he
had authority to use i is name.
Mr. B rein Watson, ia -utnwing up, slid he
thought this wes the clear :st case of forgery he ha I
ev r seen. His lordship, however, went through
tee evidence at some length, and left it to the jury
ro sty whether te else was proved.
The jury, without hesitation, found the prisoner
guilty, and
Mr. Baron Watson sentenced him to eight years'
penal serri:ude.

OXFORD CIRCUIT.—SHREWSBURY, March 20.
CRIMINAL COURT.
(Before Mr. Baron Watson.)
MURDER.
William Davies, aged 35, labonrer, was charged
with the wilful murder of Ann Evens, at Much
venlock, on the 12tu of Septerebtr, 1857.
_ Mr. Scotland and Mr. Benson appeared for the
prosecution.' Mr. Powell, at the request of the
learned judge, undertook the prisoner's defence,
and was assisted by Mr. G. Brown.
It appeared that the deceased was an old woman,
between 60 and 70 years of age, a reputed witch,
who lived in a cottage on a common at Westbrook,
in the parish of Much Wenlock. She had paassd by
several names, and for some years lived with a
man named Evans, who died in the year 1856. The
prisoner, a labouring man, of about 35 years cf
age, soon afterwards came to live with her. He
dug a bit of land which the old woman possessed,
and planted her potatoes, Arc., and being generally
a quiet and rather weak-minded man, he was in the
habit of going to near Litt, for her, and, es the re-
port ran, tee old coma' hal promised te marry
him, and a'eo.l7, nine mouths bif re her death hae
got the Lanus onbliehe l in Atileley Cirurch. In
the mearitiale they lived together as m tar and wrte,
and, according to the evid nee, the prisoner was
"bewitched" by the, old woman. According to his
owe statement to several witnesses the old woman
bad great power over him, and had the power as
often as he left her, which he did more than once,
to draw- him back. There w2s no (lonia, upon the
evidence that the old woman was a fortuue-seller
aud practised witchcraft, and that by na- ans of her
supposed intercourse with spire's she was generally
believed it, ,the country rouud to nave the power
over people's fortunes, and particularly over poor
men's sheep aria pigs. Under these cirFumstauces,
notwithstanding the disparity of theiesges, the
pris • oner went to live with her. The old woman,
it appeared, was very violent in her temper, aud
in the habit of using very foul lineuige ; and ou
several occasions words took place between the
parties which induceei the prisouer to leave her,
which he did more than once, but was "drawn
back" by her It appea red that he continued to live
with her till the 12th Sept., 1857, when her death
took place. Two days previously he had purchased
a new pocketknife at Wet block, but not under cir-
cumstaaces to excite any suspicion. Oa the day in
question the deceased sect hurl to Wenlock on some
errand;, when he stayed longer than he ought to
have done, drinking at Mrs. Astenha publictiou ie.
On his way home, in conversation with a waggoner,
he said he was living with an old wensen on the
bill, and was very comfortahle. and that he should
have a lot of money when the old woman died. The
deceased met him on Vie road at 3 e'el ck, p.m.,
and was very angry and abusive, and, taking the
basket from him, told him that he might go back to
Wenlock, or h—, if he liked. The prisoner was very
quiet and civil, and followed her to the cottage ;
and it appeared that they had tea together, for the
remains of tea were afterwards found in two cups
on the table. Shortly after thay had gone into the
cottage the old woman came out. At that time a
min was sitting on a wall near the cottage, and
called out "Bi'L" The prisoner came out, aril
the man asked him what was the matter. The pri-
soner looked down and said, "There is nettling
the matter with me." The old woman teen said
she had sent him to Wenlock on an errand, and he
had spent part of the money ; be was an eternal
villain, and had thrown p art of th 3 sugar in, o the
fire and part into the ashes. She also said, "He
in a e et nat rogue ; he has robbed rte-, and not
only that, he'll mui der ire." She then returned
into the cottage, and a few minutes aft- rwatda
little bey was on the coitunoe near the co, tage, and
heard the parties quirrelling inside. The door vets
open, and tie heard the old woman say that if the
prisoner did not go out she would mike him torn
out. The deceased was a very powerful women f r
her age, and very vi -lent in her manner ; and, ac-
cording to the bey's evidence, she was usit-g a gr.at
deal of foul asd abusive language. The prisoner
then said he wanted his smock. and the woman
said he should not have it. Thu prisoner then went
upstsirs ‘o fetch it. It appeared the weman a-s.i
went op-tart's, end the b y herd a f 11 on the doo,
and tie wormin's voice saying, "B.li, let me alone."
He also heard the woman acre tin out three times,
and presently the prisoner came running down
stairs, and shut the outer door and locked it.
Helen; turned the key, he left it in the do •r and
walked away. The little boy went home to h s
mother, and told her what he bad seen and heard,
and in a few minutes his mother came to tee spot,
but, seeing bloodupou the door-lstch, she was afelid
to enter. In a few minutes some ut ire neighbours
. came to the spot, opened the de-ii, and cailea out
the old woman's name, but receiving no a .swer,
they entered and went up.taira, and there fou.iii
the old women lying dead upon the flo r. Ou ex
evaluation several slight wounds :Jere discoveted
on the old woman's face, and four stet-8 in the neck,
one of winch had penetrated the eAroti:d ..r v- J.-, and
an )thar ceinaletelea ;severed and so eau ed ione-
diato sieeet. It appeared the old tvo ean had
bought the prisoner a silver watch and chain, arid
the wa.cit was found iu her loft hand, w.ta the
chain passed between her fingers ; and the sugges-
tion on the part of the prosecution was that there
had been a struggle for the watch. The prisoner's
pocketknife was found lying open on the dresser in
the kitehen co;er ed with fresh blood. He was taken
iota cuetod at trio o'clock kei6 mornieg, in a barn
at *Teeele it wood, about 20 uni-es off. The policeman
charged him eith the murder of Nancy Morgan,
and the prisoner asked, "Is she dead 1" and, on
bailee answered in the a ffirma. ive, he slid, "Oa
Lord, I did not think it was quite s ) bad as that."
He was then brought to Wenlock in a cart, aryl, on
the way, he said he had spent 2s. of the old woman's
money, and had had two pints of old beer, and
that when he came back the old woman abused
him for being so long away, and that, they cursed
each other. He said he told her he would le ave her,
and would not step, and went upstairs to-fetch his
clothes. The old woman followed him, and he asked
her for the watch she had bought for him, and also
that ho several times asked her to kiss him. Ho
said that if he did it it was not for money, for he
knew where it was, aed there was bat 6d. in the
heuse, arid he knew where the bank books were.
He adde 1, SI did love the old woman." Another
witness confirmed this tvidetee, and also tease d
that the prisoner sae', '• We had a scuffle." He
a'lowed him tell to be seu.c:icil witeleut epp:eition,
but uothine was found upon hen beyinel a few
illinge To ano . her witness, a feral eta he ropes red
the same aac met, eith the addition teat ne wanted
_ to have his clothes lied the wate't, and told the eld
women he would leave her, and she might hive
"Todd, or Wood," hut she would not let him have
them. He also said jealousy had done it. It ap- HOME CIRCUIT.—MAIDSTONE, March 20.
peered, fro n the cross-exunivation ef the wit-
nesses, that there was a general belief among CROWN SIDE.
the igneraut pe ple about Westbury that the old (Before Mr. Justice Williams.)
woman possessed whit they called " the evil Wm. Ballwin, a respeat:ble-lookirig man, nor-
eye," and that, by tee aid of old b rendered to take riis t. ial upon an indictment which
magic, and the ant;nowe lan-cage iewlu)c-hksshe chateetl him with the mansleu6hter of Betsy
ssuietienes sp ke, she p essessed supernatural Bre rt. en
powers. The con. sad, for the pits' -nar wished t e Mr. Reseed and Mr. Addison conducte I the pro-
_ cress, xamtne the rate her of :the little, boy who :riteutiou ; the prisoner was defended by Mr. G.
proved the chief portion of the case against the Dsnmare
prisoner, to show that she believed the old woman Taere was another person named Wm, Ayerst
still had t over ove- her, but the learned judge included in the indictment with the prisoner. He
. would not allow that to be done. It was, heweier, is it aepeered, a very aged man, and he has for a
evident that the woman was Jab:luring from so rte grew m toy years exercised the medical prot:es,ion
mental anxie7, and nothing would indeca aer to in abe rieig bourhood re Mai 'stone. They were
leave-the witne.'s-box while her Ltd.- boy was bung both achnitte to hid, but the prisoner Baldwin
examined. It appeared that a 'few months before alone surrendered to take hie trial.
. her death the old woman had so'd a bit .1 land for The charge was of a F...ouiewhlt peculiar nature.
651 a and that the money had been lodged in a Tice deceased was a young married woman, the wife
bent-. of a leb airing man, residing at Tovel near M od-
Mr. Powell, for the prisoner, said one thing was atone, and the case on the part of the prosecution ,
gui_te clear in this case— viz., that the old woman was, that by improper treatment in the course of
had a very a tong body and a very alsen,ire tongue. what was supposed to bi a premature labour, but
NeraVhfa, ,•eiver might, have been her powers of witch- which tuned out to be a totsl'y different matter,
'TaB clear she had great power over the pri- the persons accused had caused the death of the
"'II"' and had induced him, thcelgh a young wen, dece ised. The case was not of a nature to admit
to eo and live with her. That fact was more strange of the facts being given in detail, but it appeared
• than witchcrft,
week mind th and such was her p isver over his that the deceased lei .g attacked with what she
at wee
tulles, he always feltttith, e left her, as he did several consid-r dto lie the pains of lab ant, sent .0 two
• could not sugg .st that ati's,,,aise drew h m back. He different tuedicd. men residing in the town of Maid-
right prisenes n t know stone, but neither of them were able to attend, and
frora wrona, but hp weaknes of rated, she then applied t ) the prisoner Baldwin, who re
and up to the day
to hive borne her abuse anidl:eniehleence with
appeared always sided at Maidstone, where he practised as a man-mid-
. and quietness. It seemed, patience wife and chemist, and he went to her, and finding
owever, that he had at that the case was of a very unusual character, and.
last resolved that he would
liberate himself from the decease I being in excruciating agony, ho re-
. her power, and determined to leave her. He de- quested that Mr. Ayerst, should be called in to aesist.
manned his clothes_ and his wete.a, which she re That gentleman accordingly came, arid he and the
for it could not be doubted that tire old prisoner appeared to have remained with the de-
. 7,- Zatinhaada strange and unnatural fondness for I ceased during the night, and it was alleged that they
did,,i not wish him to low,. The risorier, resorted to mechanical means to relieve her, and
to get Ibowevei*11,e11"44--ttajl""1 gso, and
twantpupstairs that Vso doing they caused the injuries which re-
and it w0u1a534 The old woman
cillowed him, suited iii her death. It was admitted by the wit-
had taken place no enansur• Whatb dee flosses that the prisoner and Mr. Ayerst, treate 1 the
learned counsel 'ring":4n,,,„‘rll exactly telmlu;
must
tuht
Lave
ve deceased very kindly, and appeared st anxious
been struck by thew orna,,itnui? Mows
tot relieve her from the pain she was enduring, and
this had tempted tree prisoner -17,g,t",cr, and that
_,ea prisoner from the first seemed to have declared
stab her in the hurried
talt,ted
secancatista4ri'llf: tint
the matter,
never intended to have any responsibility
done. Possibly during
aht hae . matter and. that he only asted under the
be an old and
nr direction of Mr. Ayerst, who was
assumed to exercise supernatural powers a.„,1 Q. th or ity a
.t,.„,,,eeer a ten mrule a very able defence for the
tered those incantations, which to us would lac ikon t
experienced practitioner,
but incoherent jargon, but to the pen +4- be
haven; thatdtee gweg Other manatttteedrsbiyn
thebis
be nothing
be
soner would appear to
.be the very words of fate,
eau to -u°
b..deatb
and in that moment, without thought or reason, be any act a
„A__ Jr-anima evidence that
blow. The pr soner prisoner waa the 0..„5.
might bare struck h-r thefatal
a tAi h that ie
bad no rao.ive to de=troy the old wornan'e life, but condition at the lima
her
on the contrary he had ev ry
e motive to tues OCcag- oiled ,
pre,.erve it, by a variety of other oi t evabes
everythiu '.48.1c1 that tees
become ,- e
in order that h • d was done by the
I might be married to her, and so evidence showed that
authority of Mr. • oit plaue
become niVer of hi r little property. The jean,- Yero, have
counsel carnet called upon tko jury as fl aot) not coato)24-0 W "
A; 2; 14_ Cl be YerY.unitniates the