The Sun.
London, England, 1859-12-09 00:00:00

ASSIZE IXTELLIGENOE.

NORTHERN CIRCUIT.—YORK, Dec. 7.
(Before Mr. Justice Wightman.)
Abraham Binney, an edge-tool grinder, of Shef-
field, was indicted for the manslaughter of his wife,
Hannah Binney, on Tuesday, the 6th of Sept. last.
Mr. Blanshard and Mr. S.D. Faddy were coun-
sel for the prosecution ; the prisoner was defended
by Mr. Campbell Foster.
It was shown that on Tuesday, the 30th of Aug.
the prisoner and his wife went to reside at a place
called Delphhole, Garden-street, Little Sheffield.
They lived in a very quarrelsome way together, the
deceased being frequently drunk, the husband ir-
regular in his habits, and both mutually jealous.
On Monday night, the sth of September, the pri-
soner returned home late, and found that his wife
had in his absence disposed of their bed, and she
told the prisoner to " Go to my sister Mary's and
live there together." Next morning another quarrel
took place and a struggle ensued, in which the wife
seized the fire poker and the prisoner had recourse
to a large and heavy hammer used for crushing
sand to strew on the stone floor of the house. Ellen
Shirt, a neighbour, hearing the screams of Binney's
children, came to the door of her house, where she
saw the prisoner, who was in the act of putting on
his coat, having closed his own door: He then
walked rapidly away, and Shirt went to his house.
On opening the door she saw Hannah Binney lying
on the floor near the bottom of the stairs, partially
dressed. She was moaning, and her head lay in a
pool of blood. Shirt called in another neighbour
(Sarah Swift) to her assistance, and they ruised the
bleeding woman and laid her on three chairs. A
surgeon was sent for, and the deceased was conveyed
to the Sheffield Infirmary. In the meantime the
husband had gone direct to the Town-hall and
given himself up to the police. At the same time
he made a statement to the effect that he had struck
his wife with the sand hammer on the top of the
head, and that she had not spoken since, to his
knowledge. As the woman appeared to be dying,
Mr. Jackson, the chief constable, procured the at-
tendance of a magistrate, and her deposition was
taken. This was put in by the counsel for the pro-
secution, and was as follows :
"I am the wife of Abraham Binney. He is an edge-tool
maker. This happened when I came down etairs. He
talked to me Ls if I was a bad woman. I said I was not.
Ile struck me twice with the sand hammer. I could not
speak to him afterwards. I fell down at the foot of the
stairs. It was done a little after 8 o'clock this morning.
Neighbours came in directly afterwards. It was on the
head where he struck me. He had been agait 'of me all
night. lam very bad. I don't feel that I shall get better.
" Cross-examined by the prisoner—l took the poker up,
but I did not touch you. You struck me twice with the
sand hammer. You have been ill-using me this week
past."

The deceased lingered till the 291 of September,
when she died. A post mortem examination was
made, and it appeared that she had received several
severe injuries. One of her fingers was broken ;
she had three wounds on her head, one on the top
and two at the back. The skull was broken at the
top, and also at the back. Several portions of bone
had been removed during her illness, and the medi-
cal testimony proved that death was caused by in-
flammation of the brain consequent on the fracture.

Mr. C. Foster endeavoured, in cross-examina-
tion, to suggest that the injuries might have been
inflicted by a fail down the stairs, at the foot of
which the deceased was found lying almost sense-
less ; but as this failed, he abandoned the defence
and addressed the Court in mitigation of punish-
ment, urging that the intemperate habits of the wife
had led to frequent quarrels, that her sending away
the bed and telling her husband to go and live
elsewhere had greatly provoked him, and that.
while in that state of irritation she had still further
provoked him by taking up the poker apparently to
attack him. Unhappily, in sudden passion, he
had then seized the hammer which was then lying
on the floor, and had inflicted the injuries of which
unquestionably the woman had subsequently died.
The prisoner's regret for the act he had done was
best evinced by his going direct to the police office
and surrendering himself into the hands of justice,
He now cast himself on the mercy of the court.
The jury found the prisoner guilty, but recom4
mended him to mercy.
The learned Judge promised to take this recom-
mendation into consideration, and deferred his sen-
tence.

NEWCASTLE-ON-TYNE, DEC. 7.
(Before Mr. Baron Martin.)
John Watson Moody was indicted for the wilful
murder of Daniel Witham on the 16th of August
last.

The Hon. Adolphus Liddell and Mr. Blackwell
appeared as counsel for the prosecution ; Mr. J. R.
Davison and Mr. Robinson Fowler for the prisoner.
From the opening statement of the learned coun-
sel it appeared that the offence was committed on
an American ship, called the Mary, which was
lying in the Northumberland Dock. The prisoner,
an American, was second mate, and the deceased
man, Witham, one of the seamen, on board the
Mary. The circumstances of the case will be best
gathered from the lengthened details of the evidence
below.

William Black, seaman on board the United
States' ship Mary—There was a seaman on board
named Witham. The prisoner was second mate.
The Mary arrived in the Tync on the Ist of August,
in the Northumberland Dock. On the 11th of
August the prisoner, deceased, and myself were on
board. Deceased and myself slept in the starboard
forecastle, which is level with the deck. Witham
slept in a berth nearest to the door. I slept in one
opposite, and could see into Witham's. On the
morning of the 11th the crew had been ordered to
be called at 2 30 a.m. to move the vessel. I was
asleep in my berth. Witham was in his. There was
a light in the forecastle. I was awoke by a noise
about 2 30. I had not heard any call before this.
I saw the prisoner have hold of the deceased by the
hair of his head, trying to pull him out of his berth.
I got out. of my berth and \tent between them, and
asked him what was his reason for doing so. He said
it was not me he was speaking to. I said I v.s
aware of that. I went hack to my berth to put my
shoes on. Pri-ioner gave deceased one sudden pull
and dragged him out of the forecastle door. He
said he would see if he could not get him out—a
son of . Witham had said nothing as yet—he
was not well. I got in between them and separated
them, asking what he meant by such violence, a,
we had had enough of that on the voyage before,
and, if I could help it, we would have no more.

Prisoner turned round and dropped his hold. I saw
him going along with a lamp towards the chains,
about three yards from the door: I had only one
shoe on, and turned round for the dttieti Deceased
asked • prisoner if he intended to use his steel
knuckles to him. Steel knuckles are things for
putting over the hands, and weigh about half a
pound. I did not hear the prisoner say anything to
this. Witham had his clothes on, except his shoes.
He had not put them off the night before. I heard
a fall on the deck. I looked out of the forecastle
door, and saw the prisoner withdrawing a bolt from
Daniel Witham's head. It was about 3 feet long
and 1 inch thick; it was an iron bolt. I went out
and saw Witham lying on deck as if dead. He was
bleeding very much over the left ear. I asked the
prisoner if he was aware of what he had done—
what
he thought of it. He said he was well aware,
and what of it if his brains were out ; I cried for
help ; none came till I reported it fore and aft.
Prisoner went to the top of the forecastle-head. Pri-
soner was busy at his duty after this. He never came
to see after the deceased. I took the deceased into
his berth and atteided to his wound until I could
get a doctor. I could not go till four hours after. I
came ashore about nine o'clock, and went to the
police-station. They sent me to Dr. Coward. We
then went to the ship. The prisoner was gone.
Witham was in his berth, insensible. I assisted
to remove him ashore. He was taken to Mr.
Smith's, in Shields, the Raffle anchor. The
prisoner threw the bolt down after he struck the
blow. I took it into my berth and wrapped it
in one of my blankets. The chief mate took it
out, and I never saw it afterwards. After I re-
ported it the chief mate and prisoner came as far as
the forecastle door and asked us to go to our duty.
I told him I would do no more duty on board if the
prisoner was there. The chief mate said he would
look after Witham, but he never came.
Cross-examined by Mr. Davidson—l am a Scotch-
, man. I have been in four American vessels. I

have been a sailor all my life. The Mary was a
full-rigged ship, about 900 tons, and about 19 hands.
The prisoner is an American ; Witham was one
also. The forecastle roof extends six feet further
than the door. I was before the coroner and the
magistrates. The only others of the crew examined
were Borland and Crahan. There was a pilot on
board. The vessel was under the staithe when this
happened. There were spring tides at the time.
We had missed the tide the morning before. The
pilot was before the magistrates, but I never heard
him examined. The orders were to be called at
230 a.m., and not 2. I was on shore till 12 the
night before. Crahan was with me. I was
sober, and not drunk when I came on board. I
had been with Witham. He left us. A man named
Frank was on board. I swear I did not tell him I
had left Crahan on shore drunk, Crahan slept in
the same forecastle with us. His berth was on the
same side as Witham's. It was an upper one. The
others were out, except myself, Crahan, and
Witham. T can't say I was called at all that morn-
ing. After it happened I was asked to go my work.
About a minute after he struck the man the prisoner
walked away to his duty. The work was done
before I went ashore.. There was an oil lamp burn-
ing in the forecastle. It was about break of
day. It was light enough to see what was go-
ing on outside if near enough. Crahan was out of
his berth when I went back to put on •my first
•shoe. Crahan could see all I saw. Berland was
close to Witham when he was knocked down. It was
then I first saw him. I will not say the pilot was
not there, nor the staithesman. The second time I
separated them I swear the prisoner was dragging
Witham out by the hair of his head. When I went
out and saw Witham on the deck Crahan had left
the forecastle. I did not see him when I went to
put on my second shoe. There was a steward on
board. He assisted in dressing the wound the
second time. I did not hear him ordered to do so.
Ido not know that the captain sent the doctor. I
can hear pretty well. I did not hear Witham say
" You son of a --, I can whip you if you
take the knuckles off." I did not hear him say
" I'll cut your -- guts out." It is usual for sailors
to wear knives. I did not hear the deceased say
" You are a son of a --, I'll cut your guts
out. I can whip you the best day you ever saw."
I did not hear the prisoner tell the deceased to
keep back or he might hurt him.
A policeman named Hudson, who apprehended
the prisoner, was then called, and in cross-examina-
tion said that although he had the conduct of the
case, together with the superintendent, he had not
called others who were on board as witnesses be-
fore the magistrates, as . they had told him they
should know nothing about it.
This closed the case for the prosecutors.
Mr. Davidson then addressed the jury for the pri-
soner, and proceeded to call the following witnesses
on his behalf:—
Frank Town, a sailor on board the Mary—On
the night of the 11th of August Witham came on
board between 11 and 12 o'clock. He was rather
the worse for liquor. The pilot came on board at
2 a.m. I called the officers. I then called the men.
About 5 or 10 minutes after the pilot came. The
prisoner came on deck about 15 or 20 minutes after
I called him. Robinson and Ryan were the only
two sailors on deck then. I went with Ryan in a
boat. As I was coming back I heard loud words.
It would be about 6 o'clock. I went into the fore-
castle and saw Witham. 1 asked how he felt. Ho
rolled over and asked me what the matter was. I
told him that he had got a cut on his head. He
asked me who did it. I told him Moody. He said
" Oh, then, the son of a --!.”
Cross-examined by Mr. Liddell—The ship did
not go out of dock that morning. She was warped
with hawsers. We moved to let another ship come
to the drop.
Re-examined—lt was necessary to move her at
the top of the tide • there was one chain out.
G. S. Lamont—l am an American. I was mate
of the Mary. I found the prisoner kind-hearted,
never knew him to use bad language to the men.
I have come from Genoa ; I left the Mary there,
We had tried several tides to get the Mary away,
but there was not water. I knew the pilot was
ordered on board at 2 o'clock to move the ship. It
was the prisoner's duty to have the men ready.
Prisoner was on deck when I went forward. Shortly
after I heard loud talk at the forecastle door. I
asked what the trouble was. Witham said he aid
not hear when he was called. I tild them to come
out as quick as possible and have no more words.
I was then called away. I went aft about three
minutes, and returned. I was about 12 feet from
the edge of the forecastle, and could see the door of
the forecastle. I heard Witham call the prisoner
" a -- son of a --, and would cut his -- guts
out ; he could whip him the best day he ever saw."
I saw Witham put his hand to his side and draw it
back as if to strike. The prisoner drew back his
arm and struck towards him. I could not see whe-
ther Witham had anything in his hand. Witham
was in the act of striking when the prisoner struck
him. I did not see Borland nor Black till after
the man fell. After this the prisoner came to me
on the forecastle. When I went down Black said
the man was dead. I saw that he was not. I sent
for the steward. He came in about three minutes.
I saw him dress Witham's wound. I saw deceased.
three or four times afterwards. The captain went
on shore, and a doctor came. I afterwards got the
Norman from Black. I always found the prisoner
a good officer.
The learned Judge having summed up the evi-
dence, the jury found the prisoner Guilty of man-
slaughter, and he was sentenced to penal servitude
for life.

OXFORD CIRCUIT.—STAFFORD, Dec. 7.
(Before Mr. Justice Willes.)
William Kilby, 46, wrench-maker, was charged
with the wilful murder of his own son, George
Kilby, on the 30th September, at Wolverhampton.
Mr. A. S. Hill and Mr. H. Matthews appeared
for the prosecution ; and Mr. Motteram and Mr.
Young defended the prisoner.
It appeared from the evidence that the deceased
was a young man of very quiet and inoffensive
manners, who lived with his father and mother at
Wolverhampton, and worked in a shop in Noake's-
buildings, at the distance of only a few yards from
the prisoner's house. On the day in question a lad
who worked in the same shop with the deceased
left him there at one o'clock, and went to have his
dinner. At that time deceased was quite well, and
was soon after heard singing at his work by some
men who were employed in an adjoining workshop.
These men, however, stated that at about half-past
one o'clock they heard a sound. in the shop where
the deceased was as if two persons were quarrellin g,
and this noise was soon afterwards followed by a
faint sound, which it was suggested proceeded fro m
the deceased when in his death .truggle. At tv7o
o'clock the little boy returned fn an his dinner, an d
found the door of the shop partly opened, and whet
he entered he saw the deceased stretched on the
floor, with his neck hanging over the edge of a box_
which had no lid. Being alarmed by what 14e saw,
he ran to the prisoner's house, and saw him already-
standing by the garden door. They then both en• •
tered the workshop, and the prisoner having turned
over the body of his son, it was found. that he was.
quite dead. On examination a. bruise %MR found on.
one of the young man's temples, and a red mark on
the front of his neck from ear to ear ; mid, as there,
could be no doubt, on the post mortent ei_araination,
that deceased had died of suffocation, it wa s suggested
that death was caused by some one oldi his neck
down upon the edge of the box till hci became in
sensible. In order to
.connect the prisoner with
the crime, evidence was given t hat he was;
in the habit of beating his son um mercifully, and.
that he had threatened to kill him, a coarse of treat-
ment which the deceased in no wrAy resented, but
always bore with an excess of pati eine- Whenever