The Sun.
London, England, 1861-12-06 00:00:00

ASSIZE INXELLIGE.ArCE.

HOME CIRCUIT.—MAIDSTONE, Dec. 5.
(Before Mr. Justice Williams.)
THE MURDER AT TOWN MALLINO.

John Atkins, 42, labourer, was indicted for the
wilful murder of his wife, Elizabeth Atkins.

The prisoner, who is rather a good-looking man,
and whose countenance did not exhibit the slightest
indication of any ferocity of disposition, would have
been tried at the last Summer Assizes, but the trial
was postponed upon the application of his counsel,
in order that evidence might be adduced to show
the state of his mind at the time the act was com-
mitted. When he was called upon to plead, he for
some time remained silent, but at length he said
that he was not guilty.
Mr. F. Russell and Mr. F. J. Smith conducted
the prosecution ; Mr. Barrow was counsel for the
prisoner.
The learned counsel for the prosecution, in opening
the case for the jury, said it was unnecessary for him
to call their attention to the very serious character
of the charge that was made against the prisoner, the
offence imputed to him being that he had of his malice
aforethought killed and murdered his wife. He said
he was afraid that the evidence would make out that
the act had been committed under the influence of
jealousy, and that the only defence that would be at-
tempted would be that the prisoner was in such a
state of mind at the time as not to be responsible for
his actions ; but it was, he felt assured, needless for
him to say that they ought.not to give any effect to
such a defence, unless the evidence in support of it
was clear and conclusive.

The following witnesses were then examined :
John Ridley said—l live at Malling, near Maid-
stone. I know the prisoner. He occupied a cottage
next to me. There are three cottages together, and
the prisoner occupied the end one. The partition
walls between the cottages are very thin. I have
known the prisoner about six months. The deceased
lived with him, and they had three children. About
a fortnight before the day this occurrence took place
I heard a dreadful screaming in the prisoner's cot-
tage, and went to see what was the matter. I saw
Mrs. Atkins sitting on the bottom of the stairs nearly
naked. The prisoner was standing by her, and he
appeared to have his wife's gown and shawl under
his arm. The deceased was screaming. I called to
the prisoner and asked what was the matter, and he
said something, but I did not hear what it was. I
went to _my own cottage, and about a quarter of an
hour afterwards the prisoner came to me with a
knife in his hand. He told me he could not live

comfortably with his wife, and I advised him to part
from her. He did not make any reply except that
he had a great mind to run away, but did not like to
leave his children. While we were together Mrs.
Atkins came out of the back door with her bonnet

on, as though she was going fora walk. When the
prisoner saw her, he went up to her and dragged
her back to the door of his cottage, and tore her dress
off her down to the waist, and she then went away
in that condition. After she was gone the prisoner
put. the portion of the dress he had iu his hitnd in
the fire and burned it. _ _ _

Cross-examined—l had only known the prisoner
and his wife foe six months at this time. They
quarrelled very frequently, hut I did not know what
they quarrelled about, and I did not know the cause
of the quarrel on this day. The prisoner gave as
one reason for not living comfortably with his wife,
that she kept him so barb), on the money he gave
her. He also said he was jealous of her about a
man named George Barton, who lived at Town
slalling.
Mary Anne Atkins, a little girl, 11 years old,
was then examined. She said—The prisoner is my
faOier. I lived with him and my mother at Mal-
ling. I remember the day my mother died. I was
in the cottage with my father and mother on that
day. I was upstairs, and I heard my mother
" squeak." Ido not know what time of the day it
was, but it was after dinner. My father and
mother had quarrelled before I heard my mother
squeak. This was before Mr. Pope, the doctor, came.
When I heard my mother squeak, I went downstairs
into the washhouse, and I saw my mother in the
kitchen, which adjoins the washhouse. My father
was in the kitchen also, and my mother was stand-
ing up, and my father had hold of her hand. He
had a knife in the other hand. The knife was shut.
I went away to the cottage of Mr_ Ridley, and
knocked at the door and hatloed to alarm Mr. Rid-
ley, but I was unable to get in. I went back to our
own cottage, and s.aw my mother in the kitchen
lying on the ground, and my father was by her side
holding a knife in my mother's neck. I did not see
any blood, because I did not stop to look. I went
to the next cottage, to Mr. Willett, but there was
• no one there but three children, and on my looking
out I saw my mother in a field at the back of our
cottage, and she told me to go and fetch Mrs,
Woodyer. I noticed then that blood was running
down the front of my mother's dress, and it ap-
peared to come out of her throat. Her hair was all
hanging down. I went to Airs. Woodyer, and told
her what had occurred, and she locked me in. The
knife that my father was using was my knife, and I
had had it this same morning, and my father asked
me for it. He had asked me for it more than once
on this morning, and he had returned it to me, and
the last time I gave it to him was just before din-
ner. (The knife was here produced and identified.
It was a common clasp-knife, about four inches
long, and with a sharp point.)
Cross-examined—My father had been away from
home for a week a short time before this happened.
I heard that he was at one of my uncle's. My
mother and I were with him there one night, and

came back leaving him there.
Anne Smith said—l am housekeeper to John
Ridley, one of the witnesses who has been examined.
I remember on Friday, the 19th of July, hearing a
great noise and screams of " Murder," and a scratch-
ing at my door, as though some ono was trying to
open it. I went down and opened the door and saw
the deceased. She was covered with blood, and she
staggered away and the prisoner followed her, and
I saw that his hand was bloody. I was about to
follow Mrs. Atkins, and the prisoner jobbed the
knife at me, and I was frightened and went into
my cottage ag iin. When I saw the deceased again
she was just on the point of dying.
Richard Hulse, superintendent of police, said—
The prisoner was given into my charge on the day
the deceased was killed, and upon my going into
his cell on the following morning he addressed me,
and said " Good morning; is the woman dead ?" I
told him she was, and us I saw he was about to
make some statement, I cautioned him and reminded
him that he was under a very serious charge, and
that he had better be careful what he said. The
prisoner thanked me and then said " I did it. I saw
Barton locking in at the window, and if Barker had
come in he would have prevented it from being done.
Barton frequently visits my wife, and I have seen
them in bed together. lam very sorry for it, and
for what I have done, but'now it's too late."
A statement made by the prisoner before the
magistrate was then read. It was in the following
terms :—" It's no good my saying anything more.
The woman is dead ; let her rest in peace."
Mr. Barrow then addressed the jury for the de-
fence, and in the course of a very able speech, he said
they were already no doubt aware that he did not
intend to deny that the prisoner had killed the de-
ceased ; but the answer he was instructed to make
to the charge was that at the time the act was com-
mitted the prisoner was not in such a state of mind
as to be criminally responsible for it. He then pro-
ceeded to argue that the evidence left no doubt
that the prisoner was labouring under a delusion
that his wife had boon unfaithful to him, and that
he destroyed her while under the influence of that
d elusion. _ _

Several witnesses, mostly relations of the pri-
soner, were then called on Lis behalf, and their
evidence went to show that he had on many occa-
sions conducted himself iu a very extraordinary

manner.
Mr. Joy, the surgeon of the gaol, stated that the
prisoner had maintained a sullen silence during the
period he had been in confinement, but he had no
reason to believe from his conduct that he was of
unsound mind. He stated, however, that from the
evidence that had been given, he was of opinion that
at the time the act was committed by the prisoner
he was hardly capable of distinguishing between
right and wrong, and that he was undoubtedly
labouring under insane delusions. He, at the same
time, expressed his opinion that the silence of the
prisoner was merely assumed, and that he was per-
fectly well aware of everything that was going on ;
but he said this fact did not alter the opinion he
had previously expressed with regard to him.
Mr. Pope, surgeon, stated that ho attended the
prisoner for congestion of the brain, the result of a
severe cold ; and he also said that from the symp-
toms he observed in the prisoner previous to the act,
if he had been aware that he was suffering under
delusions, he should at once have ordered him to be
removed to the lunatic asylum. This witness added
that, in his opinion, the prisoner was not capable of
distinguishing between right and wrong at the time
the offence was committed.
The learned Judge having summed up the whole
case, the jury, after a short deliberation, returned a
vet diet of Not Guilty, on the ground of insanity,
and the prisoner was ordered to be detained during
her Majesty's pleasure.
The prisoner, who during the trial sat with his
head leaning upon the front of the dock, appa-
rently nearly unconscious of what was going on,
the moment the verdict was pronounced, jumped
up and walked rapidly out of the dock, evidently
highly pleased with the result.