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

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receipt of this intelligence served to intensify
ter.;
th.e
excitement which prevedls in reference to this
rible and bloody business.
" Holden, I have been informed, is about 5 feet
10 inches in height, has curly auburn hair, and is
man and
rather good-looking. He is a most acilve
that he
an excellent horseman. I learn, further,
qt he
has received a tolerably fair education, and tii,
can draw well. At the moment of his flight he hi
on a gray frieze topcoat, tweed cap, and the ordi-
nary jacket and trousers worn by the constabulary.
" Mr. Mathews's life is despaired of. He has
been attended by I)es. Bernard, Neville, and Hamil.
ton. Mr. Mathews is a native of the county of Tip-

hhim
Prisonergoio turned roundand
with
a
lamp
droppedtow ahr id
ss ht oh I
ed .
chains,
saw
ne d ytaurrdnsieffdr oihrnoeu ntihdo
et door.feonrd
ethd I e
to
ottt
uehrsa.ed
Deceasedo
hisn l only
steelone
ashoe
e tdotl
ri h, i
prisonero•
hands,Steel knuckles are things for
over
oehr
and weigh about alf a
this.pound.
Witham
tdhia
md notha
ahear s theelo prisonerthes on
excepts anything h
is shoes.to
imthe
knuckles
potting
T-re had not put them off the night before. I heard
,
a fall ;in the deck. I looked out of the forecastle
door, end 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 atteNded to his wound until I could
get a doctor. I could not go till four hours after. I
came ashorb 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
prisoer was there. The chief mate said he would
look after Witham, but he never came.
Cross-examined by Mr. Davidson—l am a Scotch-
marl. I have been in four American vessels. I
have bee-11 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 tho
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. I can't say Id
was
acalled at
asked to algo may work.
t morn-
ing. After it happen
I w.
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-
in 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."
1 I did not hear the prisoner tell the deceased to
, keep back or he might hurt him.
A policeman named Hudson, who apprehended
1 the prisoner, was then called, and in cross-examina-
tion said that although he had the conduit 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. I asked how he felt. He
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--I 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.
asked what the trouble was. Witham said he did
not hear when he was called. I told 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 ClRCUlT.—Svcrrompi-Doc

(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 ycung 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 quarrelling,
and this noise was soon afterwards followed by a
faint sound, which it was suggested proceeded from
the deceased when in his death struggle. At two
o'clock the little boy returned from his dinner, and
found the door of the shop partly opened, and when
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 armed by what he 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 was found on
one of the young man's temples, and a red mark on
the front of his neck from ear to ear ; and, as there
could be no doubt, on the post mortein examination,
that deceased had died of suffocation , it was suggested
that depth was caused by some one holding his neck
down upon the edge of the box till he became in-
sensible. In order to connect the prisoner with
the crime, evidence was given that he was
in the habit of beating his son unmercifully, and
that he had threatened to kill him, a course of treat-
ment which the deceased in no way resented, but
always bore with an excess of patience, Whvnever

subjected to cruel treatment from his father, it was
his practice to put both hands in his pockets, and
to submit himself with entire resignation to what-
ever punishment his father might think proper to
inflict upon him. It was a circumstauce which
seemed to connect the prisoner with the crime that,
when the body of the deceased was first discovered,
both his hands were in his pookets, and several
witnesses were called with a view to show that at
about the time when death must have taken place
the prisoner was seen to come from the shop where
the deceased was. It appeared, however, that there
was only one witness who could give direct evi-
dence upon this point. The witness in question
swore that, after taking his dinner, he went out
into his garden to smoke his pipe • and while he was
sitting upon the rail of his garden he saw the pri-
soner come out of the shop, and pass close by him
towards his own house. The witness, however, was
old and deaf, and made several contradictions to
his own evidence and to that of other witnesses as
to the time and circumstances under which he saw
the prisoner, though he was quite positive that he
saw him come from the shop. Several witnesses
were examined to strengthen the case by showing
that, after the charge of murder had been made'
against the prisoner, he had endeavoured to stifle
evidence, and had made admissions which were in-
dicative of guilt; but there was nothing to corrobo-
rate the evidence of the old man that the prisoner
had been in the shop during the fatal hour, beyond
the fact that sounds as if of quarrelling had been
heard, and that when the body was found the
hands of the deceased were in his pockets: The
evidence of the surgeon showed that the stomach
of the deceased was full of undigested food, which
he had taken at his dinner, and that it was not
impossible for the death to have been caused by his
falling down in a state of giddiness from indigestion,
and becoming suffocated by falling with his neck
on the edge of the box.
At the close of the case,
Mr. Justice Willes said that, as the evidence of
the old man was the only evidence to show that the
prisoner had been at the shop, and his evidence was
very confused, he did not think there was sufficient
for a conviction.
The jury, upon that suggestion, found the pri-
soner not guilty.
Benjamin Owen, 40, gasfitter, was charged with
the wilful murder of his wife, Jane Owen, at Wed-
nesburv, on October 11, 1859.
Mr. Nfotteram and Mr. A. S. Hill appeared for
the prosecution ; Mr. Kenealy and Mr. G. Browne
defended the prisoner.
It appeared from the evidence in this case that
the prisoner had lived with his wife seven or eight
years, and until the transaction now in question had
always treated her with great kindness and affec-
tion. Unfortunately, about six weeks before her
death, the deceased had become addicted to drink-
ing, a practice in which she indulged in her hus-
band's absence from home, in company with two
women of drunken habits who frequented her house.
The prisoner kept a beer-shop called the Cottage
Spring, on the Bilston-road, at Wednesbury. On
the day in question he went out to his work, and on
his return at 4 or 5 o'clock in the afternoon be found
his wife in a state of intoxication, for which he se-
verely reprimanded her, as well as for allowing the
women, whom he designated " those thieves," to
come to the house. The deceased appeared to have
continued drinking after the prisoner came home,
notwithstanding the entreaties of her daughter, who
more than once took the cup from her mouth. The
prisoner was much irritated by her conduct, and
between 8 and 9 o'clock he struck her two blows
with his fist, the second of which knocked her off
the settle on to the floor. As the deceased rose up she
looked at him, and said, " Oh, Ben, you never hit me
before"—a statement which was admitted to be true.
Prisoner subsequently told her to come out of the room
where she was, for he would not allow here to be in
that state where his company was, and he insisted
upon her going to bed. A candle was brought
for this purpose, but the deceased blew it out and
put it on the table. The prisoner then said he
would turn his wife out of doors, and, according to
some of the witnesses, used very horrid language,
and, in the alarm which ensued, the deceased, with
her hair dishevelled, and followed by her little girl
in night clothes, ran down the street to the house
of a neighbour, a Mrs. Cresswell, who hid her in the
pantry. The prisoner, finding that his wife was
gone, followed her to Mrs. Cresswell s, and knocked
three times before he could gain admittance. After
some time he found his wife in the pantry, and as
he entered he said, " I'll give you Moggy," which
was, the nickname of one of her drunken com-
panions, and the deceased replied, " Oh, Ben, don't !"
The prisoner then took her by the right hand and
brought her out of the pantry, and as he brought
her out he struck her with his fist and she fell down
on the floor. The prisoner then said, " Take the
drunken b— up," and immediately left the house.
Some persons whe_were in ,the room ran to the
woman's assistance, and sent for the prisoner, who
came in about five minutes, but by that time she
was insensible, and died immediately. On finding
the state in which his wife was, that she was dead,
the prisoner showed the greatest concern on her
account, and gave way to an excess of grief and dis-
traction, kissing his wife's lips, and saying, " I've
done it, and I will die for you." The fact of a blow
being struck just before the deceased fell was
proved by two witnesses ; but Mrs. Cresswell said
she did not see any blow, and that the deceased fell
on to some chairs by stumbling up the two steps
which led into the pantry. The evidence of the
surgeons showed that the deceased had died of con-
cussion of the brain and apoplexy from the effects
of a blow under the left ear.
Mr. Kenealy addressed the jury in favour of the
prisoner, and commented upon the evidence to shovi
that death was caused by apoplexy, brought on by
a fall in the drunken state in which the deceased
woman was ; and he called several witnesses, in-
cluding the mother of the deceased, to prove that
up to the night in question the prisoner had always
been a kind and affectionate husband.
Mr. Justice Willes, in summing up the evidence,
said, he thought the jury would pause before they
would find the prisoner guilty of wilful murder ;
but he left it to them to say, upon the evidence,
whether the death was caused by a blow given by
the prisoner or by an accidental fall.
The jury found the prisoner Guilty of man-
slaughter.
Mr. Kenealy then handed up two documents in
favour of the prisoner, signed by nearly 500 inha-
bitants of Wednesbury.
Mr. Justice Willes said be entirely approved the
verdict, and though, from the character given of
the prisoner, he was sorry to pass any sentence upon
him at all, it was necessary, for the protection of
women, and to put a stop to such brutal assaults by
men on their wives, to pass a severe sentence. ,His
Lordship then sentenced the prisoner to be kept six
years in penal servitude.

THURSDAY, Dec. 8.
The Court has been engaged all day in the tria
of cases the particulars of whieh aro unfit for publi
cation.

In consequence of her cries, some men came to her
assistance, and the man then ran away. She saw
the prisoner a day or two afterwards, and imme-
diately identified him as the man by whom the out-
rage had been committed, and she particularly re-
cognised him by his voice and his having a light
moustache. The evidence of the prosecutrix was
confirmed by the facts that the prisoner was proved
to have been in the neighbourhood about the time
the offence was committed, and that when he went
to the barracks he appeared very hot and excited,
and his face was scratched and bleeding. It
ap-
peared, however, that a hundred other privates in
the artillery were out on leave on the evening in
question, and. there was some little discrepancy as
to the fact of the prisoner wearing a belt at the
time the prosecutrix was attacked in the manner
described.

The prisoner, when called upon for his defence,
declared that he was not the man who committed
the outrage, and he said that the prosecutrix had
mistaken him for some other private artilleryman,
who was really the guilty party.
The learned Judge having summed up, the jury,
after some deliberation, said they thought the pro-
secutrix might be m-taken as to the identity of
the prisoner, and they therefore gave him the benefit
of the doubt, and returned a verdict of not guilty.

MIDLAND CIRCUIT—NORTHAMPTON, Dec. 8.
Mr. Justice Crompton entered this town shortly
before two in the afternoon, attended Divine service,
and opened the commission with the usual forma-
lities.

The calender contains the names of 19 prisoners
in the county gaol, and two in the borough. Of the
county prisoners one is charged with murder, one
with manslaughter, two with aiding and abetting
the same, three with wounding with various intents,
four with arson, one with concealment of birth, two
with uttering false and counterfeit coin, two with
night-poaching, and three with larceny. The
borough prisoners are both of them charged with
forgery—the one of an order, the other of an under-
taking to pay money.