The Sun.
London, England, 1857-12-25 00:00:00

SECOND DAY.

The Court opened at nine o'clock, and the prisoner
took his seat in the dock, appearing as ceol and collected
as on the previous day.
The prisoner's declaration at Paisley was read, in
which he said that he knew deceased, and saw her on
the 13th Sept., about four o'clock P.M., as he came borne
from church, and noticed her go home. After dinner be
went out, and saw little Janet Watson tap on Agnes'
window, and cry on him to give her a bawbee. He went
up and met her half-way up the stairs, and after wards
weded with her to the garden. He did not see
Agnes at that time. After half an hour be was told
Fulton and Muir wanted ,him, and went to them ; and,
while speaking to them, was told to run for the doe or
by Mrs. M'Donald, as Aggie was ill. He denies having
told John Ferguson to go for prussic acid, but sent him
once for lavender water. He did not poison Agnes
Montgomery.
John Ferguson, carrier's boy—l am assistant to Hugh
Montgomery, carrier. We go to Glasgow on Wednes-
days and Saturdays. I know prisoner, and have done
so for many months. On the 12th September I was in
James Watson's house. Prisoner was there at work,
and also Mrs. Watson. Ho asked me for pen and ink.
He wrote a line for me to get something from Hugh
Hart's. He said I was to let no one see the line, and to
keep what I got until he asked me for it. If it was
" speired" at me, I was to say the stuff was for a portrait
painter. He gave me 6d. to pay for it. I went to
Glasgow. I rode in a van with Adam Gall, and showed
him the line. He told me I would not get it. I went
to Hart's, and gave the lint to George Stirling, who
read it. He said, who is it to ? I said that was on the
order. I don't recollect if I said it was for a portrait
painter. Stirling gave me something—a clear liquid—
in a small phial, all closed round with paper. We got
back to Eaglesham between one and two on Sunday
morning. Prisoner came at 10 o'clock to the stable and
got
,his parcel. He said " Don't tell no one ; see
you again." I gave it him as I got it. He said be
wanted it to dye his hair, to make it black. I saw Agnes
Montgomery that Sunday forenoon, and heard she died
it night. I saw prisoner at 10 o'clock on Monday morn-
ing. He made no mention of her. On the 23d September
I lent him a pencil, and he wrote a line. He told me to
get the parcel where I got the last. He said it would
'oat 61., and asked if I would pay it for him. I said I
would. I took the line to Hart's, and gave it to James
Young, along with a bottle for hair-oil. In the after-
noon I called and gave the hair-oil to my master, and
put the small bottle in my pocket. We got back to
Eaglesham at two on the morning of the 24th. Pri-
soner came to me at the cart about 10 o'clock. I gave
him the bottle. He said if any one asked me what I
had bought, I was to say it was 21. worth of lozenges.
William Cameron was present when I gave the second
phial to the prisoner.
Adam Gall, ham curer, Glasgow—l drive a van. On
Saturday, Sept. 12, I gave John Ferguson a drive. He
showed me a line. I read a portion of it —" Please give
the bearer a 6d. worth of prussic acid." It was very
wet at the time, and I did not notice the signature. I
said it was poison, and asked who it was for. He said it
was for an old Irish woman, to poison an old man. I
understood this as a joke. I said he would not get it.
He said he would, over at Hart's, (Shown a line). This
is the same hand.
George Stirling, shopman to Hugh Hart—l know
John Ferguson. He came to the shop on Sept. 12, and
produced a written line for prussic acid. It was, " Sept.
1857—Mr. Hart,—Please give the bearer 6d. worth of
prussic acid, and oblige John Thomson." I asked who
John Thomson was, and Ferguson said be was a tailor.
I asked if Montgomery knew of this, and Ferguson said
no. I asked what it was for. He said for taking like-
nesses. I said that was a rare purpose. I then gave
him a two-di achm phial with prussic acid, wrapped up
in a paper and sealed at both ends. On the 23d Sept.
I saw the boy Ferguson. He gave a line to James
Young, which asked for 61. worth of prussic acid. It
was in the same handwriting. Young asked me about
it. I said Thompson got it before for photographic pur-
poses, and was to get it again. This letter, No. 37, is
in the same handwriting as the lines which are now
amissing. The first was destroyed in 10 days, and the
second one went amissing. I gave A. C. Christie, a
witness, two two-drachm phials, and filled them with
prussic acid. Ferguson got some hair-oil on 23d Sept.,
which he gave to Montgomery.
Cro s-examined—l never before heard of prussic acid
being employed in photography. It was Scheele's
prussic.
Re-examined—The oxide of potassium is used for
photography.
His Lordship administered a sever rebuke to Stirling,
for so carelessly selling such deadly poison.
Several witnesses were then examined to identify the
handwriting of the prisoner, and the bottle which had
been in the house of the deceased.

A number of other witnesses were examined with the
view of showing that on or about the 25th September,
while the prisoner was lodging in the house of Archibald
Mason, in John Street, Glasgow, he had gives whisky,
which was supposed to have contained arsenic, to
Mason and his wife, both of whom suffered from it.
Surgeon Scott, who attended on the deceased, de-
scribed her symptoms and death, which he attributed
to apoplexy,
Dr. Daniel Mainlay, Paisley, deposed to having
made a post mortem examination of the body of Agnes
Montgomery, and to having found prussic acid present
in the stomach. He also examined the bott!e labelled
" H. Hart, druggist, Glasgow—prussic acid," and found
it to contain within 4 per cent. of anhydrous hydrocyanic
acid. He also examined the black bottle out of which
the Masons received the whisky from the prisoner, and
found that it contained prussic acid 87, alcohol 108.9,
water 382.23 in each fluid ounce. Keeping prussic acid
in view, he would say that the deceased died from its
effects. I.le could not ascribe death to apoplexy.
Mr. Douglas M€Lagan was afterwards examined, and
gave similar evidence to Dr. M•Sinlay.
The Court was then adjourned till to-day.

DARING ATTRIIPT.—On Thursday last a very auda-
cious attempt was made by a gang of, it is believed,
five desperate fellows to break into the residence of the
Misses Anderson, Belle Walk, Moseley, in Worcester-
shire. Fortunately, however, it was unsuccessful, and
through the gallant exertions of Hawker, followed up
by the activity of two other officers of the Worcester-
shire constabulary, two of the thieves were apprehended,
and are nose awaiting their trial. Their names are
Thomas Smith and James Pettifer, and they describe
themselves as boatmen. The particulars of the occur-
rence were detailed before two magistrates for the county
of Worcester, at Balsall Heath, on Saturday. The prin-
cipal witness was Police-constable Hawker, who stated
that about a quarter-past one o'clook on Friday morn-
ing, whilst on duty at Moseley-wake-green, he passed
the back of the Misses Anderton's house, and as he was
doing so be heard a noise resembling that of a door being
tried. He went across the road towards the garden, and
stood in the shadow of a wall to listen, and had not bet n
there more than a few seconds when the garden door
was wrenched open, and a man cautiously made his ap-
pearance. He looked around him to see that all was
clear, and then observed, "Now, then, come on, it's all
right." Hawkes stepped from his concealment, and
turned his light full upon the man, whom be now posi-
tively identified as the prisoner Smith. Smith imme-
diately turned back acrose the garden, closely followed
by Hawker, but the latter bad not gone many yards
when he heard footsteps behind him, and on looking
round he perceived another fellow close behind him
in the act of raising a formidable bludgeon to strike
him. The blow, which he had not time to avoid or resist,
descended heavily upon him, and be was felled to the
ground. This person was about such another person
in appearance as the prisoner Pettifer, but he could not
swear it was the same. He speedily recovered himself,
and the men having in the meanwhile escaped, he called
up Matthias Yardley, the Misses Anderton's servant
man, and started off with him in pursuit. On the way,
he called Police-constables Lane and Humphries to his
assistance, and described minutely the personnel of
the depredators. His search, however, was un-
successful ; but about three o'clock Lane, who in
company with Humphries and another officer had
been on the alert, met the prisoners near the Moseley
toll-gate, walking at a rapid rate towards Birming-
ham. From the description given him by Hawked,
he was induced to stop them, and ask where they came
from, and what their names were. They said they had
come from Worcester, and had gone there with a boat,
and had been paid off, and received 75., of which Smith
said he had Os. remaining. Lane then inquired what
places they came through, and they said they could not
tell. He then asked them the name of the man who
I had paid them, and they said they did iot know. Smith
then said, " What's the matter t" to which Lane
replied, " There is of something of importance the
matter, and you must go back with me." The
prisoners said they were willing to ge, and were taken to
Miss Anderton's, and remained till Police-constable
Hawkes came. Hawkes, on seeing Smith, immediately
identified him, and expressed himself morally certain
that Pettifer was the one by whom he was assaulted.
They were afterwards removed to the lock-up at King's
Heath, and on being formally charged with attempting
to break into the Misses Anderton's house, they said
they bad never been near the place, and repeated their
story relative to having walked from Worcester. A
subsequent examination of the premises and grounds by
daylight resulted in the discovery that one of the panels
of the front door bad been drilled with a centre bit, but
owing to the fact that the back was plated with iron the
plan of effecting an entrance by these means was prevented.
An attempt had been made to force the door open by
leverage, and failing in this, the rogues had then tried
to lift the sash of one of the windows by similar means,
but without effect, and they then directed their atten-
-1 tion to the garden gate, so as to get at the house in a
different direction. In the garden a crow-bar, with
which, upon examination, these operations bad clearly
been made, and a heavy bludgeon, were found, and foot-
prints were also traced in the garden ; on comparing the
prisoners' boots with which, under the direction of
Superintendent Humphries, they were found unmis-
takably to correspond. The prisoners, who, in reply to
the charge, declared that they were as "innocent as
babes unborn," were then committed for trial at the
next sessions.—Arraingbani Post.

Howdendike on the 12th inst., when seven persons lost
their lives and several others were injured, by the fad of
a chimney upwards of 120 feet high, have met on few
occasions. Only the reporter of the Eastern. Counties
Herald was admitted to the inquest-room by the coro-
ner, Mr. R, B. Porter, that functionary stating that, in
his opinion, one representative of the press was quite
.uffieient on such occasions to give the public an account
of the proceedings. From the report of the inquest thus
furnished we subjoin the most material evidence :
E lward Marriot examined—l live at Howdenolike,
and am working chymist and manager at Mr. And erton's
vitriol works ; first entered his employment in July last.
Was also employed to superintend the workmen engaged
at the chimney and the works connected therewith.
Furnished plans and specifications for all the works
except the chimney ; with it I had nothing to do, ex-
cept to see that the men did their duty. These works
were the first I had put up. The chamber and burning-
house were as strongly built as any in England. There
are only two others equally strong. I have been brought
up a manufacturing chymist, and am therefore acquainted
with such works. All vitriol chambers are constructed
on the same principle, but ours was stronger. The sides
of the chamber I considered sufficiently strong without
diagonal bracing. I know of a larger chamber con-
structed in the same way, and of only the same sized
planks. The erection of the chimney commenced in
August. The foundations stood upon warp in the first
instance, then concrete formed of gravel line
and sand, the quality of which Ido not understand. I
had the overlooking of the workmen employed at the
chimney from the commencement. The height of it was
a little more than 42 yards. Had never in the course of
its erection cause to find fault with the manner in which
the work was done. When it was about 1G feet from
completion I observed that it had fallen from its perpen-
dicular. The erection was nevertheless continued.
Saw no further alteration in the perpendicular until it
was finished, when in about a week after I observed
a further change. It was then about 14 inches
from the perpendicular. At that time Mr. Wilde
was employed in putting up a lightning conductor,
which was fixed against the chimney. I mentioned
the slanting of the chimney to Mr. Wilde's man,
whose name was " Sam," and he said they were in the
habit of straightening chimneys. I reported the state of
the chimney to Mr. Anderton about a month since. Thy
chimney had not at that time fallen more than fourteen
inches. My orders from Mr. Anderton were to n nice
the chimney particularly, .and if it gave way any more
to let him know. Ooserved the chimney every day on
that account. I, in the course of three or four days,
observed a further deviation of four inches. Reported the
matter to Mr. Barker, book-keeper, who informed Mr.
Anderton of it. About a fortnight after that Mr.
Wilde came down to straighten it. During thi- fort-
night the chimney had not gone any further. This was
about the let of Dec. Mr. Wilde's wan commenced ope-
rations by taking out a course of bricks from the chim-
ney about 10 feet from the ground on the river side.
The chimney leaned from the river. He took the bricks
out one by one, in regular succession, replacing each
as he took it out by a thinner one and an iron wedge,
This operation extended nearly three-quarters round.
Saw Mr. Wilde at the works the first week his man
Sam came. He took my lamp from me one evening to
examine the chimney. After Sam finished the outside
he went inside. I did not see what he was doing there
till after he had left off working. He was at it till the
morning before the accident. lie had not then finished.
I was passing that morning by the chimney when it
leaned over, and I noticed cracks on that side. I called
Mr. Barker's attention to it. We examined the chim-
ney together, and then called Sam. He came out. I
asked him whether he had noticed those cracks before.
He said no, and that he did not think it safe to proceed
any further. He then left us, saying he would telegraph
for his master. Sam did not work there afterwards.
I noticed the bulging out of the chimney on the same
day ; it was on the side of the lightning conductor, and
was three or four feet from the ground. It was on
the side of the inclination I observed it " blistering"—
that is, a portion of the bricks peeling off, which
extended about three quarters round in the solid part
of the chimney. The solid part extended about seven
feet up for about a quarter of the circumference. That
quarter lay towards the burning house. I was inside
on Friday night, the 11th, about 9 o clock. Saw a
crack there on the left-hand side of the arch. It was
about 12 or 14 inches long, and a quarter of an inch
wide, running straight up, I noticed the inner rim at
that time, and saw that the same operation had been
performed on it as in the outer one, but running
all round. I inspected the chimney on the follow-
ing morning at seven o'clock, and several times
during the forenoon, and saw no diffepence from what it
appeared on the previous evening. Mr. Wilde and his
man came over the middle of that forenoon. The man
pointed out to him the bulging, and he asked Mr. Wilde
the cause of it. Mr. Wilde told Sam that the latter had
not relieved the two mid-feathers (connecting walls run.
ping between the outer and theinnerrim of the chimney)
ithich rested on the solid part of the chimney. Mr.
Wilde then waited for Mr. Anderton, who on the previous
day had been sent for to meet Mr. Wilde. He arrived
about noon, and I joined them. He asked Mr. Wilde
his opinion as to the chimney, and the latter
said he need be under no apprehension about its
falling. He then told Mr. Wilde that if there was any
danger he had Letter undermine it and throw is into
the field. Mr. Anderton added, " Can you do that? Mr.
Wilde said he could, but, to make perfecly sure, would
telegraph for another man. Is my presenceherepea-edly
assured Mr. Anderton of the safety of the chimney. The
latter directed Mr. Wilde's attention to the bulging out
in the chimney, and asked the reason of it. Mr. Wilde
answered the mid-feathers were not sufficiently relieved.
Mr. Wilde said he thought after a while the weight of
the chimney would come on the river's side, because at
that time the wedges on the river side were quite slack.
Mr. Wilde promised he would not leave the chimney. I
found the lightning conductor of the chimney after the
accident. It was all curled up together to the
length of 15 or 20 yards. The men made not the
slightest objection to return to their work after tea
on the night of the accident. They stopped to finish
because there was only two hours' work to do. I was
in the vitriol chamber about four minutes before it fell
in. I went straight from it to the foot of the chimney,
which I examined with my lamp. I observed no change
since morning. I was first made aware that the founda-
tion had given way by a brickleyer named Winsley. I
told Mr. Wilde of the circumstance the first conversa-
tion I had with him, which was after the man lied com-
menced cutting the chimney. My decided opinion is
that the chimney would not have fallen if it had not been
meddled with by Mr. Wilde. His man did nothing
more to the chimney after I pointed out the cracks to
him ; in my opinion the chimney fell from an over-
pressure on the solid part, caused by the non-removal
of the two mid-feathers resting on the solid part ; I mean
the nod-feathers ought to have been relieved. I remember
Mr. Wilde giving instruction to his man to relieve the
mid-feathers on the side where the bulging out appeared ;
during some part of the operation the chimney was
brought hack a foot to the perpendicular. I told Mr.
Wilde at that time the chimney was coming over very
nicely. I told Mr. Wilde on Saturday night that the
chimney would not have fallen if hie man had acted in
conformity with his instructions. After I had been
in the chimney on Friday I told Wheldrake, who was
with me, that I considered it safe. Before Mr. Wilde's
man came there was a slight creek over the man-hole on
the outside. I never noticed any difference in the
crack till Mr. Wilde had brought over the chimney, and
then it began to open.
Mr. George Anderton, jun., examined—l am the
owner of the vitriol works. They were commenced in
August last. A specification was prepared for me by
Mr. Butler, Cleckneaton, land surveyor (the specifica-
tion was put in and read). I advertised for tenders, and
received one from Messrs. Abraham Roberts and C
Cleckheatou, offering to build the chimney for 651. 10s.
They were men of experience. We signed a contract.
Mr. Roberts came over. I let the wood-works by ten-
der to Midgley and Ogden, Bradford. W hen Mr.
Roberts came over we had some conversation as to
the foundations. In the orignal plan stones were to
have been placed above the concrete, but Roberts
advised me not to have them, as the foundation
would be as good without them. I asked him if
there was a sufficient thickness of concrete, and he
replied there was. I spoke also to Sinclair, a brick-
layer, about it, and his answer was the same, I was
then satisfied the foundation would be good. Mr.
Roberts then sublet the building to Winslades, of De -vs-
bury, so that in fact the chimney was erected by the
later. When it was about one-fourth of the way up I
noticed it leaning a little from the perpendicular, and
asked the Winslades if they had any fear respecting it.
They said they had not. I then allowed the chimney
to go on. It was completed about six weeks ago.
Before its completion I arranged with Mr. Wilde
about putting up a lightning conductor. His
designation is "telegraphic engineer " After the
finishing of the chimney I heard from Marriott
that the chimney leaned more out of the perpendicular,
and that Mr. Wilde could straighten it. Afterwards con
iractt d with Mr. Wilde to do so forl, Si. On Friday I.
received a message fromAr.,Marriett or Mr. Barker,
to the effect that I should go over in the morning, as
they were afraid the chimney was going to tumble. I
came over, met Mr. Wilde at Howden station, and asked
him the state of the chimney ; he said it was cracked a
good deal, but he was perfectly satisfied it was safe.
Wilde stated that he came to telegraph for ropes and
tackles, and another man to secure the chimney ; we
then drove together to the works. (Mr. Anderton next
gave evidence respecting the state of the chimney and
his conversation with Mr. Wilde on it, but which
did not materially differ from the statement of
the witness.) Mr. Barber came up, said he had
been inside the chimney, and did not see the inside wall
to b; any worse, that it "ailed" anything. Mr. Wilde
was of the same opinion. I left orders with him that if
there was any danger he should pull the chimney down,
and that he was not to leave it on any account. He
promised he would not. Mr. Wilde told me the bulging
out was owing to the two mid-feathers not being relieved
—that the weight of the chimney bad been thrown on
the outer wall, but that the chimney itself had gone
back some little, so that the outer 'wall was again re-
lieved.

Win. Sinclair, bricklayer at the Rilpin works, exa-
mined. Mr. Anderton consulted me about the foundation
of the;chimney, and recommended concrete Saw a tracing
of the plan, which showed that concrete was to be at the
bottom, then two courses of stone, upon which the base of
the chimney was to rest. Recommended all solid concrete
instead of stone, to get rid of the joining. Not much
accustomed to the erection of large chimneys, but was of
windmill towers, equally heavy, the foundation of winch