The Sun.
London, England, 1861-07-30 00:00:00

THE SUN, LONDON, TUESDAY EVENING, JULY 30, lB6l.

THE THAMES EMBANKMENT.

The Report of the Royal Commissioners upon
the Thames Embankment will grievously disappoint
not only about 50 unsuccessful authors of inge-
nious or magnificent designs, but, even more, all
that imaginative portion of the public which has
been for several years building castles on the
mud. It is the simplest, and shortest, and small-
est answer that the question admitted of. The
Commissioners propose neither streets fronting
the river, nor public offices, nor exhibitions, nor
hotels, nor arcades, nor high and low levels, nor
docks, nor canals, nor quays, not even a railway,
but merely an embankment, a road, and a sewer.
The two extremities have been fixed by public
opinion, and, indeed, by necessity, long ago; so,
too, has the level; so, too, the width. Almost any-
body the least acquainted with the subject would
have said long ago that we must some day cover
the mudbanks and make a road between West-
minster-bridge and Chatham-place ; and that it
would never do to raise the level above the gardens
at Whitehall or the Temple. Latterly, the prospect
of having the Strand and Fleet•street blocked up for
a twelvemonth, and the houses all shaken by a low
level sewer, has driven the world to consider whether
this could not be combined with the embankment
of the Thames. This is just what the Commissioners
content themselves with proposing. They have
stripped an acknowledged necessity of all its colossal
additions and fanciful applications. If their report
is open to any objections at all, they must be of the
negative character. They have simply drawn the
pen through every exuberance, every eccentricity,
every decoration, and found what was common to
all the designs that were at all worth consideration.
It is quite possible that future London will set them
down as not equal to the emergency, inasmuch as
they might have improved the occasion to do this or
that. " While they were about it, why did they not
do a hundred things that could have been done then,
and never after ?" Well, if we had amongst us a
man of transcendant genius and undoubted good
sense, it might have been wise to give him a carte
blanche and two or three millions of money to give
us a sort of Venice at home. We have now lying
before us some charming designs for that purpose.
But quite sure are we that Parliament would never
have put the requisite degree of confidence in any
one man, It is not in a very prodigal or poetical
humour, se far at least as the works of peace are
concerned. So the Commission has wisely proposed
to do only that which must be done, leaving the
nation to add anything that it pleases.
It is proposed to sacrifice to the Embankment all
the wharves between Westminster-bridge and the
east end of the Temple-terrace. The greater part
of them are for the coal trade, and the Com-
missioners consider that, owing to improved
arrangements at the railways and docks, London
does not require the coal trade, or any other trade,
to be carried on upon this part of the Thames bank.
This is a question for evidence, and we can only
say that if it is possible to get rid of the coal wag-
gons, with long teams of horses constantly and
slowly emerging from the side streets of the Strand,
and creating long stoppages to the traffic, the abate-
ment of that nuisance would alone be worth a con-
siderable sum. The general proposition is to leave
the embankment uncovered, except by gardens
where there are gardens already, and, if exceptions
are to be made, they are to speak for themselves.
The Templars, we presume, will think themselves
sufficiently compensated for the introduction of a
carriage way between them and the river by a large
extension of their garden. It is suggested that in
other parts of the embankment there would be
much valuable ground for building, with a first-rate
frontage ; but that might be for after-consideration.
The portion between the Temple and Blackfriars-
bridge would be dealt with exceptionally, both in
being sloped up towards the level of Chatham-
place, and being provided with docks for the use
of the gas works and other proprietors of wharves,
the road for that purpose being carried over arches.
In fact, while the Commission confine themselves
to the simplest possible proposal, they leave the
ground open for a good many additions, if Parlia-
ment should think fit to engraft them, either at
once or at some future time. Docks, indeed, it
would be out of the question to excavate in the
bank, were it even made solid; but that need not
be regretted, as docks filled with Thames water
would be incurable nuisances, even were the river
cleansed as much as we hOpe to isee it. Instead of
continuing the embankment and road east of
Blackfriars, the Commissioners revert to the janc-
tion of Cannon-street with the west extremity of
Earl-street, long ago projected, and, we know not
why, still to be effected. The carriage road from
the Clock Tower at -Westminster to the eastern end
of the Temp!e-terrace it is proposed to make 100
feet wide ; thence, over the arches or pillars, 70
feet wide, as the width will there be wanted for
the proposed stations inside for barges.
Besides the absence of docks and the lowel
the only part of the report which seems to forbid
future alteration or addition is the exclusion of a
railway, unless, indeed, the width of 100 feet
is considered snfficient to allow of rails. This is
a point on which there may be some controversy.
The only question, as we take it, is whether a low
level railway for the local traffic between Westmin-
ster and Blackfriars will be much of :an accommo-
dation without being a great nuisance. There could
be no trunk line for the use of the great railways
without raising the level, and sacrificing the Thames
bank altogether to the use of suburban and provin-
cial passengers. So we dismiss that proposition,
and confine ourselves to the question whether the
existing stream of passengers in the Strand and
Fleet-street is likely to prefer a railway to a road,
and whether a train once every two minutes would
interfere with the view and the quietness of the
gardens more than the omnibuses and cabs it would
supersede. At this moment there happens to be an
intense prejudice against the introduction of rail-
ways into the streets of London, and, perhaps, the
question is not likely to have a fair trial. A train
once in two minutes would certainly be a much
quicker and surer means of communication than the
boats, which depend much upon tide, and are liable
to obstructions, besides that they cease to ply at
sunset. If, however, 100 feet is all the width that
can be secured for a road the whole distance, that
road must be made, and it will remain for uture
consideration whether 20 feet of it can be spared
• for rails, or whether there is any demand for them.
It is proposed to form approaches to the Embank-
ment by continuing the streets now leading to-
wards the river—for example, Richmond-terrace,—
and by forming a new street opposite the Horse
Guards
and another through the Savoy. Now that
the river promises to be a better neighbour, these
streets 'will give valuable sites, and may even
•
help to Pay the lit of the Embankment. The
materials for the
ofmbtankment itself are close at
h
hand, in the bede river, which the Com-
missioners propose todredge so deep as to secure
that the bottom shall notappear at any ordinary
low tide. Of course, this would
ions
tof the grid es.
be done without
.;
a caution regard to the founda
It is obvious that most of these minor recommenda-
tion e ere not co much distinct features es the neces-
sary me ins of carrying out the plan. That plan is
the simplest poseible form of the idea which has
grown in the public mind into a sort of necessity.
In every metropolis except ours this necessity would
have been acknowledged and met ages ago. What
characterises, then, this report is a firm and esn_
sistent determination not to go a step in advance of
opinion and the plain necessity of the ease. The
Commissioners do not propose one inch more of ele-
vation, one foot more of width, one single auxiliary,
or addition, or ornament, beyond that which we are
all agreed on. They modestly hint that, since the
thing i 3 to be done, it might as well be taken ad-
vantage of to add some ornamental fabrics to the
metropolis, and that the buildings had better be
handsome. In that recommendation we entirely
agree, particularly as, to the best of our recollec-
tion, there have been only three serious attempts to
do justice to the banks of the Thames in its passage
through London—viz., Somerset-house, the Adelphi,
and the Houses of Parliament. The Temple, indeed,
is a pleasant oasis in a wilderness of warehouses and
barges; and Chelsea and Greenwich Hospitals dig-
nify the banks above and below ; but otherwise
there is no river in the world, we should think, that
owes so little to its chief city. This, however, is a
matter that may and will be left to the owners of
new sites and frontages. If the new Embankment
be left generally clear, and converted into gardens,
we may depend on it that the houees looking upon
it will soon brighten up into something better than
they now are. If, too, the City and Westminster
put on a new face, and c4n really admire their own
-reflection in the water, we may be certain that the
Borough and Lambeth before long will light up a
smile of receenition, and follow the example of the
opposite shore.— Times.

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ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.—DERBY, JULY 29.
CROWN COURT.
(Before Mr. Justice Willes.)
THE ILKESTON MURDER.
The court opened at nine o'clock.
This being the day fixed for the trial of Smith,
for the murder of his father at Ilkeston, the ap-
proaches to the court were crowded at an early
hour by parties anxious to gain admittance to the
interior of the County Hall, to hear the trial.
Exactly at nine o'clock the prisoner was brought
into the dock. He was respectably attired, and in
the left hand pocket of his coat was a formidable
note-book, whilst in his right hand he carried a
pencil. He appeared to be in good spirits, and on
the names of the jury being called over, he ob-
jected to one of them.
The following is an outline of the case as stated
on behalf of the prosecution, and afterwards borne
out in evidence. The deceased, Joseph Smith, was
a shoemaker by trade, 46 years of age. He bad
been a man of industrious and frugal habits, and
He
had managed to acquire some house property.
was the owner of the home that he lived in, and he
was also the owner of three houses that adjoined
it. He had a daughter married to a man named
_.
Aaron Aldred, and they lived the next door to him.
In the next house lived a man named Isaac Aldred,
but he was no relation to Aaron Aldred. On the
hl sotusoef
oNt. Itahye
dt he
eee a
so neldy
wp
aa
sr ttihe se
fwa
thhoe
rr, et shied eedl d
ei
snt
son
(the prisoner at the bar), who is 21 years of age ;
12
the next brother, who is between and 13 years
of age. Those were the
Ist only_inmates of the house
on that day. On the of y the deeeased
was at work with his second son, Henry, at
shoemaking, the eldest son (prisoner), being
engaged at the manufactory of Messrs. Ball
and Son, Ilkeston, whilst the youngest
son went to school. The deceased, and
Henry, his son,
thweorlkstedofmy, and then untila after seven
gnoa'cvle over,
when in
the
eeen theveni
ngof
deceased went out of the house and pro-
ceeded to the residence of his brother, Samuel
Smith, who lived at no great distance up the street.
The sons, Henry and Edward, also went out of
the house, but they did not go with their father.
The sons returned home about nine o'clock, and the
father a little after ten o'clock. The latter sat
down on the sofa in the house-place, got some tea
and then went to bed. The deceased and his son
Henry slept in one room, and the prisoner and his
brother Edward in another room. The deceased
and Henry went to bed together, and the son
Edward went to the other bed by himself, the pri-
soner, George Smith, not having arrived home.
About twelve o'clock the deceased and his son
Henry were awoke by a noise down stairs, and he
told his son to get a light, which he did, and the
father proceeded down stairs. The son followed
the father down stairs, and found him looking in a
drawer where he used to keep his clothes. The
deceased told his son Henry to return to bed, which
he did, and the father remained down stairs, and
lighted his pipe, sitting down in the house-place, a
room 7or 8 feet high. In a few minutes after-
wards the sons up-stairs heard the house-door open
and the deceased made the following observation to
some one down stairs :—" George, have you been to
Nottingham to-day ?" The prisoner—for it was he
—replied, "No ; I have not." Deceased said,
" Are you sure that you have not been to Notting-
ham to-day ?" And prisoner replied, " Yes, I am
sure." The father then said, " George, you
see what trouble you have got into, and I am not
going to sit up for you all night." There was a
reply to this observation, and for a minute or two
all was silent, and then the reportt of a pistol was
heard. The sons upstairs were greatly alarmed,
and they threw up the window and began to cry out
" murder." The neighbours were attracted to the
spot by their cries, and in a minute afterwards Mrs.
Aldred, the daughter of the deceased, and Isaac
Aldred, who lived at the third house, entered the
dwelling. They found the father lying on his
back across the hearth, with his head in the earner
of the house-place, and quite dead. Isaac Aldred
looked to see what was the cause of death, and
then searched for the pistol, but it could not be
found. The prisoner then entered the house with
a man named Davis, and Aldred said to him, " Why,
George, you have murdered your father ;" upon
which prisoner replied, " No, I did not murder him ;
lam innocent," at the same time asking Aaron
Aldred to shake hands with him. Prisoner then
said, " I don't know anything about it ; my father
has done it himself." Aldred then said, " What
has your father done with the pistol if you did not
shoot him ?" and prisoner replied, " My father put
the pistol on to the oven after he shot himself, and
I afterwards made away with it." The pistol was
found in a garden a short distance from the house,
and the day after the murder the prisoner said to
police-constable Ridge, "My father was sitting
in his chair, smoking his pipe, with his elbow
resting on the chair, and his right hand
upon his head, and he said to me, ' George,
you are shortening my days by inches."
I then saw my father pick something up, put
it to his head, and then shoot himself. I then saw
that it was a pistol he had got. The medical evi-
dence proved that it was quite impossible for the
wound to have been inflicted by a man sitting in
the position as described by the son, and with the
pistol in the left hand. No pistol, no shot, or am-
munition had been seen at any time previous to the
murder in the house of the deceased until the night
in question. The prisoner had asked a man named
Ellis whether, if his father died, he should come
into all his property, he being the eldest son, and
also whether he should be entitled to the outstand-
ing debts, for his father was very likely to destroy
himself. On the 29th of April he told Ellis that he
was going to be married to a girl at Whitsuntide,
named Ellen Cox, who was in the family way by
him, and on the evening of that day he wrote a
letter to her at Melton, Leicestershire, in which he
said " his father was like a madman, and would some
day make away with himself." He also said that
"he had put the banns in at Ilkeston." On the
morning of the Ist of May the prisoner saw Henry
Davis, of Ilkeston, in the streets of that town, and
asked him to accompany him to Nottingham. Davis
said he had got no money to pay his fare with, and
the prisoner replied that he would pay it for him.
The two went by train to Nottingham and proceeded
direct to the savings bank of that town, Davis wait-
ing outside whilst the prisoner went in. He pre-
sented his father's bank book to the clerk, and told
him he waited £l4. The clerk asked him if his
father had given him any orders to draw the money,
and the prisoner replied that he had not. The
clerk then said he could not give him the money.
The prisoner and Davis then went to Bridges' wine
vaults in Nottingham, and the former told the land-
lord that he had arrived too late for the bank, and
the latter advanced the prisoner £l, the bank-book
being left es security for it. He would here remark
that the first thing the deceased asked the prisoner
on his arriving home that night was, " Have you
been to Nottingham ?" and there is no doubt that he
had missed the bank-book from the drawers down-
stairs, and suspected that his son had gone to get the
money. Having got the sovereign from Bridges,
the prisoner and Davis proceeded to another public-
house in Nottingham, called Tom Moody, and there
they picked up with a " loose" girl. After the pri-
soner had been at the Tom Moody sometime he got
up and went away, telling Davis and the girl to
wait until he returned. The prisoner then pro-
ceeded to a shop kept by a man named Webster, and
asked for a pistol. Webster said, " I suppose you
want it to shoot birds with," and prisoner replied,
"I
oat
wwoday
powder
rht
eai
and
tat, oacptasilizi.t,ea,sr, t_slapiyei ginego
boughtns with
the
piwhensto they come
went to a shop kept by a Mrs. Carr and purchased
he only wanted it for one
then
charge. He
accompanied then returned
'l to the Tom Moody, and
girl, whose name was Elizabeth
Whilsti there he pulled
Meakin, to her
out a pistol and show.ed
byt to her, and she asked
him what he meart, carrying it in that
I way ? He replied,
ftaothuerseoffitendisf
egyn said to the
girl, anyone doesilshomoet.,?ny
p.hraiisasson,erigfetimhn
reotgt
jort
gsrahemat returned nebdv eveningtotr ta
ne Tom bloods,
11eston
" Don't tell Davis that I have
got a pistol."
Davis and the
prisoner left
Prisonerand at 7 oa'nedloctrskh
left the prisoner, and directly
where they arrived
Davis.about half-past 7 o'clock. At
Ilkeston Henry
afterwards the latter was joined by a man named
Reuben Davis, and they walked up the street to-
gether. Prisoner handed over part of
the caps h e
had purchased at Nottingham to Rueben
.Davis,
and one going
g past
lininlgein and get ehr
hisfathhouse,eadthaendperht.seoenseer
said h
.
The prisoner directly afterwards
joined
Davis, at the Queen's Head public-house,
remained there for some time, the anßdutchbe7,
prisoner
t
out once to send a little girl to a Mrs. Gregory
g
rego°riy
shop for a pennyworth of No. 2 shot, which she
procured for him. Prisoner remarked during the
evening to Rueben Davis, "I don't think my father
will live long, and it is my opinion he will make
away with himself." Prisoner and Davis left the
Qaeen's Head about 10 minutes before 12 o'clock ;
rand, directly afterwards two women were passing
close.to the house of the deceased, having a candle
io their hands, arid they siw the prisoner very dis-
tinctly with something in his hands; bat as soon as
he saw them he turned his hack to them, and in a
few minutes afterwards they heard the report of a
pistol. •
Mr. O'Brien made a powerfdl appeal to the jury
on behalf of the prisoner, contending that the de-
ceased committed suieith, by shooting himself.
The Judge summed up at great length, and the
jury returned a verdict of " Guilty of Murder."
The Judge then, in as inkluessiee address, sea-

tented the prisoner to be executed. His lordship
was interrupted by the prisoner, who said he was
the cause of his father's death, but he did not shoot
him. He also addressed the crowd in the hall.
The Judge said he could not listen to the state-
ment of one who was now a dying man, and he
warned him to try and make his peace with God, as
there was no hope for him in this world.
The scene in the court during the passing of the
sentence was one which will not be easily forgotten.

TIIE CHARGE OF STABBING A LADY.

Last evening Mr. G. S. Bent, the deputy coroner
for West Middlesex, resumed the inquiry at the
King's Head Tavern, Great Portland-street, into
the circumstances attonding the death of Jane
Janette Cathrey, of 3, New Cavendish-street, whose
death was caused by the throwing of a knife by a
solicitor, as already detailed in our columns.
The court, as on the previous occasion, was densely
crowded, and the accused was again present with
several friends.

The examination proceeded with
Mr. John Lumsden Probert, surgeon, of No. 6,
New Clarendon-street. He said he was present at
deceased's death on Thursday morning last. He was
fetched about a quarter-past seven in the morning
to attend a lady who was dying. He went imme-
diately to the second floor of 3, New Cavendish-
street, and he found a lady dying. There were three
or four persons in the room. She said Mr. Young,
of Sackville-street, had been attending her. He had
some difficulty in ascertaining what was the matter
with her. One of the females told him downstairs

that Mr. Young would tell him better than she
could. The lady had died before he could administer
anything to her. On Mr. Young's arrival he told
him the deceased had received a stab with a knife
inflicted by a gentleman. He said he expected her
death. Witness did not see the wound—he had
heard nothing about it ; and as the case was in the
hands of Mr. Young he did not further interfere.
By the Jury—Witness heard no observations made
by the persons present. They all seemed agitated,
particularly Mr. Westbrook.
Emma James, a young widow, residing at 3, New
Cavendish-street, said she had lived with Mrs.
Cathrey for the last four months. She was not a
lodger but a visitor, having formerly been lady's-
maid to Mrs. Cathrey. On Tuesday night last she
waited up for the party who went to the opera, and
they came home in a cab about a quarter past 12.
After closing the street door they went into the
dining-room and she followed them. Supper was
laid in that room. There was some altercation, but

she only remained about ten minutes. She did not
stop with them. There was nothing particular in
thejangling to call her attention. An invalid lady
with whom witness slept left the room with her
and they both retired to bed. She did not know the
cause of the quarrel. She afterwards heard a noise
in the dining-room, and they came partially down-
stairs, but did not enter the dining-room.
By the Jury—The four persons in the dining-
room were talking together loudly on the subject
of the opera. She could not say whether the in-
valid lady entered that room. Mrs. Cathrey bad
not changed her clothes after coming from the
opera. She walked directly into the dining-
room. During the time she had lived there a pre-
vious disagreement had taken place, and Mr. West-
brook then struck her in the face. She was dis-
figured by the blow.
By the Coroner—After the injury had occurred,
witness met Mrs. Cathrey on the stairs and asked
her what was the matter, Mrs. Cathrey replying
" Nothing." I went into her bedroom for a minute
with Mis. Bryant, but left as Mrs. Cathrey re-
quired to be alone. She saw her in the morning,
and she was then aware of what had taken place.
She made no statement to witness. She had heard
Mr. Westbrook very violent to her, but never heard
him threaten to do her. an injury.
By the Jury—Mrs. Cathrey made no statement
to witness as to how she received the wound. The
reason she came down stairs after hearinc, the
noise was on account of a scream. The marks of
violence which she had received on her face about
two months ago were present at the time of her
death.

Fanny Fitzjohns, housemaid to the deceased, said
she was not up on the Tuesday night when the
party arrived from the opera. She slept down
stairs, and hearing quarrelling she went up stairs
to learn what was the matter. She saw nothing
until Mrs. Cathrey was brought up stairs. Mrs.
Cathrey made no observations. She never heard
Mr. Westbrook threaten to do Mrs. Cathrey any
injury. About four months ago Mrs. Cathrey had
her face disfigured by Mr. Westbrook, as he said,
accidentally with his ring. Her nose was much cut.
By the Jury—Witness had heard frequent quar-
relling between Mr. Westbrook and Mrs. Cathrey.
When Mrs. Cathrey's face was cut with the ring
she told witness not to say anything about it.
Mrs. Gertrude Macarthy, of 13, Golden-square,
examined—Witness had known Mrs. Cathrey for
some years. Mrs. Bryant had told her on Friday
that Mr. Westbrook had plunged the knife, or
threw it at Mrs. Cathrey, with a frightful oath.
(Mrs. Bryant was here admitted.) She also said
that Mr. Westbrook had sfruck her first with his
fist while standing up at the table. She described
their relative positions. The table was not between
them. That was said on the Friday after death.
By the Jury—Witness saw Mrs. Cathrey on the
night of the injury to her arm in Buckingham-
street, and after telling her who did it, requested
her to say nothing about it. She was much injured.
Mrs. Byrant (in reply to the Deputy Coroner),
said the last witness was not correct in all particu-
lars. They were standing on either side of the
table, and the knife was thrown. She could not
say that it was an oath Mr. Westbrook uttered
when he threw the knife, but he said something
which she could not remember.
[During the evidence of Mrs. Macartlar the
Court was much annoyed by the interruption to
the witness of Mr. Westbrook and his friends stand-
ing beside her, and endeavouring to speak to her.]
Inspector Hubbard, of the E division, stated the
circumstances respecting his knowlege of the case.
He directed Sergeant Watts to make inquiries ;
but every obstacle appeared to be thrown in the
way. The certificate alleged to have been taken
to the registrar had not been so taken, and when
he (the Inspector), and Mr. Blake, jun., the sum-
moning officer, went to No. 3, New Cavendish-
street, air. Westbrook was denied. Sergeant
Watts was directed to search the house, as two
hats were discovered. Mr. Westbrook was then
produced. The inspector further stated, in detail,
what Mrs. Macarthy had told him (Mrs. Macarthy
and Mrs. Bryant being both present in t!,e inquest-
room), similar to the evidebce given by her. Mrs.
Bryant had said the above in the presence of a Mrs.
Eyre. She said that Mr. Westbrook had gone to
the end of the table and threw the knife, with an
oath, saying, " Take that you --."
Mrs. Macarthy re-examined by the Deputy
Coroner—Witness had heard Mrs. Cathrey say,
when her arm was injured, that she was in danger
of her life.
Inspector Hubbard then proceeded to say that
he had taken steps to produce Mrs. Eyre, who was
a very important witness, and that her arrival was
expected every moment ; and with respect to the
non-compliance of Mrs. Bryant in giving particu-
lars respecting her husband, he had discovered
that he was a convict undergoing his sentence.
Mrs. Bryant said with respect to the words made
use of at the time the knife was thrown, her recol-
lection told her that something was said, but she
did not believe it was an oath. She could not how-
ever remember, but Mr. Cathrey was present at the
time. Shebelieved that Mr. Westbrook did not in-
tend to injure Mrs. Cathrey.
Mr. Cathrey, on being recalled, said he under-
stood the explanation by Mrs. Bryant to be that the
table was between Mr. Westbrook and his mother.
There was some expression made use of which had
entirely gone from his mind.
By the Deputy-Coroner—That expression of
was not used. There was something said, but he
could not remember what. The table was between
them, and something was said when the knife was
thrown,
By a Juror—Witness considered that his mother
was violently attacked, and that was the cause of his
flying upon Mr. Westbrook and striking him. He
believed that any article, paper, bread, or anything
else at hsaainddshwould have been thrown in the height
knew the of passion.
t'llhlieearroyf
tAhnendE:re, of No. 5, Cleveland-row,
St. James's,
to New Cavendish-street whoishh:d been brought from her resi-
decewaasdthe wife of a gentleman. She
il °twe'aMls told while in tstree
ItnoncoTnhsueqrsudeanyceeveonfinag.lesttheer
ehaet h
drawing-room
Mrs, Cat hbr
by
Cathrey,
rs
sh . e wentJames
tl-tt Mrs. Cathrey had been wounded with a
the knife.
Mrs. Macarthy then came ir:. Mrs. Bryant was pre-.
sent. and told her something resiati 8. matter.
Mrs. Bryant w'as again called in.
Witness continued—Mrs. Bryant seemed much
agitated, having just come from the station-house.
She said she did not think Mr. Westbrook intended
to murder her. Witness remarked that she thought
the wound could not have been inflicted in the way
she described. She then said that Mr. Westbrook
,
took up the knife and walkedikt:
tthheatendof
(throwingth ne
e table
to Mrs. Cathrey, and went lr
, youappitr_entl,y, against some person) saying " Take
that rllnd d anger-
the Deputv Coroner—Mrs. Cathrey had often
said Mr. 'Westbrook was a very violent an
oils y
m
an. She had not said she was in fear of her
life. She had not seen her for some time.
Mrs. Bryant could not remember that any oath
was made at the time the knife was thrown.
Witness said she believed these were the words.

7

Mr. Westbrook here regretted that he had not'
been represented by a solicitor.
Miss Fatima Eyre, niece of the last witness, and
residing with her, said some time ago Mrs. Cathrey
had a quarrel with Mr. Westbrook and her son.
She then said his (Mr. Westbrook's) violence was so
great that he would one day put an end to her life.
This being the whole of the evidence,
Mr. Westbrook wished to make a few remarks.
He said that this was a great misfortune to him, and
he should wish to show to the jury the great malice
which had been exhibited to him by Mrs. Macarthy.
When she came to the house she attacked him like
a fury ; she put her fist in his face, and said, " You
murderer, I will hunt you down ; I will hunt you
till death." He would like Mr. Cathrey to be called
to prove that which he had stated.
Mrs. Macarthy denied having any malicious feel-
ing. She said, "You have murdered her—my friend.
Go up stairs and look at her." She did not say she
would hunt him down.

Mr. Cathrey was called in, and said—Mrs.
Macarthy said to Mr. Westbrook, that it was mur-
der—cold-blooded murder, and that it was his in-
tention to murder her. On.being prompted by Mr.
Westbrook, witness said he recollected Mrs. Macar-
thy saying, respecting some portrait which had
been painted by Mr. W. of his sister, who was going
to India, which he painted instead of Mrs.
Macarthy, that she would have her revenge upon
him.

Mrs. Macarthy said it was not true. There was
a dispute, but no angry feeling. When she received
the letter, as a friend, to come up on the death of
the deceased, her friend, she said " Poor Mr. West-
brook would feel it." She did not know the cause
of death then. There was no angry feeling until
she found her friend dead, and she was then
excited.
The Deputy Coroner, after summing up, laid
down the law of the case, and left the decision in
the hands of the jury.
The exceedingly crowded room was then cleared,
and after about three-quarters of an hour's delibe-
ration, the jury returned the following verdict :
" That the deceased died from the effect of a stab
in the abdomen, and that Richard Austwick West-
brook was guilty of manslaughter."
The jury then expressed their thanks to In-
spector Hubbard for his exertions in obtaining
witnesses for the elucidation of such an intricate
case.
The entrance of the house was almost impassable
from the congregation of an anxious crowd.

remuneration made, and as in her present state she is
scarcely expected to live from hour to hour, that you will
not delay, but come as soon as you can on receipt of this,
as a gentleman, a Christian, and a friend. Waiting with
most intense anxiety to see you, she remains yours most
respectfully,

" M. CALVERT, for MRS. CAPELL.

3 Feb. 10, 1861."

Witness resumed—After Dr. and Mrs. Jones left
on the Monday afternoon, I went into Mrs. Capell's
room and found her very excited. She exclaimed,
" God be praised," several times, and added, " The
Lord has sent his angels to deliver me out of a nest
of sharks and thieves." She also said that the

doctor was going to remove her the next day, and
in a week or two he would take her in his carriage
to his house at Windsor. lam certain she did not

urge him to remove hn- on the Tuesday, and on that
day he said she was not in a state fit to be removed.
Dr. Jones told me in her presence that she wished
him to take care of her watch and chain and some

boxes, but she made no remark. I merely referred
him to Mr. Gardiner, and said he was Mrs. Capell's
agent in all business matters. Dr. Jones put the
gold watch and chain in his pocket, and afterwards
removed one or two boxes to his own house. My
husband requested Dr. Jones to remove Mrs. Capell
as soon as possible, as my house was not a proper
place for a person in her state. Mrs. Capell never
told me she intended leaving Dr. Jones all her

property.
Mr. Sleigh—Here is Mrs. Bellis's diary—look a'
it and tell me if it is in her writing.

Witness.—l do not think it is.
Mr. Serjeant Ballantine.—l have now to ask
that the diary may he detained by the officer of the
court.
Mr. Sleigh.—lt is not in evidence yet, for the
witness says it is not in Mrs. Bellis's handwriting.
Mr. Serjeant Ballantine.—You stated just now
that it was the diary of Mrs. Bellis ; and, as such,
it is, with all that lady's effects, the property of
the Crown. _ . .

Alderman Hale.—l understand the diary is in
evidence, and that I have the power to detain it ;
but the learned serjeant's last argument is even
stronger in favour of its remaining in the hands of

the Court.
Mr. Sleigh.—lt is required for the defence, Sir ;
and surely you will not throw any obstacle in the
prisoner's way. Mr. Lewis will undertake to pro-

duce it.
Alerman Hale.—lt is better in the hands of the
Court.
__

Witness.—From the time Dr. Jones came until
Mrs. Bellis was removed, Mr. Gardiner was no

sent for.
Kate Schmidt said—l was in Mrs. Calvert's ser
vice while Mrs. Capell was in her house, and I used
to attend on her. She was very ill all the time,
but she got worse after Dr. Jones came. I saw
writing materials on the table when Dr. Jones was
there. Mrs. Capell always kept them by her. She
had a very bad night on Monday night, and kept
me awake by her screams. On the Tuesday two
men were taken to her room, and on Wednesday
Dr. and Mrs. Jones dtessed her well up in clothes
and put her into an arm chair and wheeled her out
in it to the carriage, which immediately afterwards
drove away with them.
Ann Govier, a cook in Mrs. Calvert's service, gave
similar evidence.
Mr. Edward John Gardiner said—l have known
Mrs. Bellis, who went by the name of Capell,
for the last eighteen years. I have acted as her
agent. I saw her on Monday, the 11th of Feb-
ruary, and she asked me to make her will, but I
declined. Ido not believe the signature to the will
produced is her handwriting. It does not bear the
slightest resemblance to it. Capell was {lre name
of her father, and she went by it for two reasons—
pride and bad principle. I saw Dr. Jones on the
Friday following, and he told me she was dead—
that she had made a will and left him the executor.
I said I hoped she had taken care of poor Sharpe, and
he said something about her having left her money
to charities, but nothing of the property being left
to himself.
Cross•examined—He might have said he had been
left well off, but Ido not recollect it. When I saw
Mrs. Bellis on the Monday she said, " Oh, you have
come at last, but the Angel of the Lord has been to
deliver me." From the conversation I had with her
I believed she had not all her mental faculties about
her, and that she wan insane. She never mentioned
Dr. Jones, but I knew he was the angel she referred
to, as Mrs. Calvert, who came to me in the morning
with a message from Mrs. Bellis, told me he had been
there. Mrs. Bellis was a most imperious and im-
pertinent person, and we never met without quarrel-
ling. I knew she had quarrelled with Dr. Jones years
ago, but I did not remind her of it. She reminded me
• of the many quarrels and reconciliations we had had.
The handwriting in the diary is not Mrs. Bellis's.
It is more like that of a servant than of a lady.
Sharpe never expressed a desire that Mrs. Bellis
should not know where he was. I knew he had been
in Brussels for a couple of years, but I did not hear
he had been recently married.
Mrs. Calvert here said she had heard Mrs: Curtis,
the nurse, say she wrote the diary.
Thomas Sharpe said—l was brought up to the
medical profession, but am not now in business.
I had known Mrs. Bellis about nine years, and Dr.
Jones about six or seven years. I became ac-
quainted with him through the medium of an ad-
vertisement. I assisted Dr. Jones and visited his
patients for him up to the 14th of February. I
had repeatedly told him I knew Mrs. Bellis, who
was known to Dr. Jones as Mrs. Capell ; and on
one occasion Mrs. Jones asked me for the real name
of Mrs. Capell.
Mr. Sleigh—Any conversation between Mrs.
Jones and the witness cannot be evidence against
Dr. Jones.
Mr. Martin—l think you may take it, as in
bankruptcy cases, that she was Dr. Jones's agent.
Mr. Sergeant Ballantine—l will get it in another
way. Did you furnish her with the real christian
and surname of Mrs. Capell ?
Witness—l did, sir, and she wrote it down.
Mr. Sleigh—Whatever is in writing must be pro-
duced.

Witness—l was not aware that Dr. Jones visited
Mrs. Capell until after her death. I saw him on
the Tuesday and the Wednesday, but he never men-
tioned it to me. Samuel Proctor, one of the attest-
ing witnesses, was Dr. Jones's servant, and Richard
Iluthmans, the other, is Mrs. Jones's aunt's hus-
band. They were both at Dr. Jones's house all
three days that he attended Mrs. Capell.
Mr. Sergeant Ballantine here put in the short-
hand-writer's notes of the evidence given by Dr.
Jones, in the Court of Probate, in which he stated
on oath, first, that he ebtained his diploma at Aber-
deen, then that he never was at Aberdeen in his
life, and afterwards that somebody else obtained
the diploma for him by personating him at Aber-
deen, and that he (Dr. Jones) was staying at Chip-
ping Norton all the time.
Mr. Morton, the shorthand writer, was then
called to produce the notes formally, and it was ar-
ranged on both sides that the evidence should be
considered sufficient for all the purposes of this pre-
liminary inquiry, after which
Mr. Sergeant Ballantine asked that the prisoner
should be committed to take his trial on the two
charges of forgery and perjury.
Mr. Sleigh—Now that my friend the learned ser-
geant has laid the whole of his case before you, I
will, in 'pursuance of the instructions I have re-
ceived, proceed to put you in possession of the real
facts upon which I shall be able to give an entire
answer to that charge. .My friend was quite
'right in his law with regard to the obtaining of
another person's signature, but he hardly went far
enough, for the whole question will turn upon the
fact if Mrs. Bellis were in a fit state of mind to make
a will. If she were, and Dr. Jones obtained her sig-
nature to the will produced, either by his own hand
or hers, with her full authority, I cannot see how
any one can make it forgery. I will call Mr. Fitch,
as well as the attesting witnesses to the will, and
other persons, who will all depose to Mrs. Bellis
being in full possession of all her faculties, and con-
sequently in a disposable state of mind with regard
to making a will, and then I shall ask you not to
send Dr. Jones for trial upon such a charge. The
learned counsel argued very forcibly and at some
length upon the facts already in evidence, and then
called
Mr. George Fitch, who said--I am a solicitor.
My office is at 23, Southampton-street. I know Dr.
Jones, and have acted professionally for him prior
to February last. On Tuesday, the 12th of that
month, I went, at Dr. Jones's request, to Mrs.
Bellis's house. I there found Dr. and Mrs. Jones.
He introduced me to Mrs. Bellis and told her i had
come to make her will. I asked her if I should take
her instructions, but she said " No." She wanted
some wine, upon which Dr. Jones sent for some
champagne and gave it to her. She then said her
cough was troublesome, and asked for paragoric and
squills, and De. Jones left to get her some. I waited
about an hour, aid. then went away in the belief
that she was net in a fit state of mind to make a
will. On the following day Dr. Jones sent for me
to his house in Woburn-place, and I there found
Mrs. Bellis sitting up in a chair by the fire, and ap-
parently well taken care of. Her mannerwas en-
tirely changed, and she said she was so uncomfort-
able at the other place that she could not make a
will. I requested Dr. and Mrs. Janes to leave the
room, but Mrs. Bellis wished them to remain. I
declined to draw the will in their presence, and
they left. Nothing up to that time had been said
to me by any one about the property being left to
Dr. Jones. She gave me instructions to make her
will, and I reduced them into writing.
Mr. Sergeant Ballantine—This witness cannot
th
give in evidence what Mrs. Bellis said to him in
e
absence of Dr. Jones.
Mr. Sleigh—l was about to ask in what