The Sun.
London, England, 1859-12-19 00:00:00

THE SUN, LONDON' MONDAY IEVENING, DECEMBER 19, 1859.

'EN OE:

introduced him to her father. Way, the father, had
been many years in the Bristol police and kept a shop
and he being satisfied that the prisoner would be a
most eligible match for his daughter, gave his con-
sent to their marriage. This was appointed to take
place on the 22d December, 1858, at the registrar's
office, that particular day being chosen because that
was the day on which the prisoner said he was to
come into his property. The marriage accordingly
took place, and it was rather a strange circumstance
that instead of being married from her father's house
the lady was brought to the office in an omnibus
from the house of a man named Box, with whom
her sister was living in a state of adultery. Previ-
ous to the marriage, Way had taken the prisoner
to board and lodge in his house, and, so long as his
faith in the prisoner's property continued, he boarded
and lodged him and his wife, and supplied them
with every necessary. Way appeared still to enter-
tain considerable respect for his former guest, and
described with great admiration the eloquence of
his after-dinner speeches, but when he recurred to
the moneys which he had expended, and particu-
larly to the quantity of tobacco which the prisoner
had smoked, his indignation for the dishonour done
to his daughtsr returned. As the prisoner did not
come in to his property, he and his wife a shorttimo
after left the house of the hospitable father and went
to reside elsewhere, but they soon became penniless,
and having no shelter, the prisoner walked his
young wife for two nights on Brandon-hill. The
poor creature was pregnant at the time, but she was
eventually admitted into the General Hospital, and
confined in the month of October last. She was dis-
charged from the hospital ; but on the Ist December
she was again admitted a patient, and was now so
ill as not to be able to attend the trial.
Mr. Cripps cross-examined the witness Way to
show that he had induced the prisoner to marry his
daughter, and that the prisoner was in a state of in-
toxication when the marriage took place. The wit-
ness denied these suggestions, and as the formal
proof was quite clear, the learned counsel declined
to address the jury.
The jury found the prisoner guilty.
Mr. Baron Channell said he should have been
better satisfied if the circumstances under which the
prisoner became acquainted with the girl had been
• better explained. But, as it was, it was a very bad
case, and aggravated by the defence which prisoner
had got up ; though the father's evidence was not
very satisfactory. His lordship then sentenced the
prisoner to 12 months hard labour.
James Pownall, 52, surgeon, was charged with
the wiful murder of Louisa Cooke on Oct. 30, 1859,
at Lydney.
Mr. Cripps prosecuted ; Mr. W. H. Cooke and
Mr. Guise defended the prisoner.
The prisoner at the time of the unfortunate oc-
currence now in question was residing in the house
of Mr. Leete, a surgeon, at Lydney. He had only
been recently liberated from the lunatic asylum at
Northwoods as cured, and, as our readers may re-
collect, he got up one morning and cut the throat of
one of the maid servants with a razor, and so caused
her death within two or three minutes. As the
main question now was as to the state of prisoner's
mind at the time he did the act, we give only a
brief narrative of the facts as proved by the evi-
dence, beginning with the early history of the pri-
soner, as detailed by witnesses called for the de-
fence. It was stated that the prisoner had been seve-
ral times in lunatic asylums, but it was thought
necessary to trace his history only from the month
of March last. The prisoner was then residing at
Wroughton, near Swindon, with his wife and sister
and wife's mother, an old lady between 80 and 90
years' of age. In that month he was seized with what
the doctors called homicidal and suicidal mania. He
attacked his aged mother-in-law, and beat her about
the head witha poker, till he nearly killed her, and
then attempted to destroy himself. Dr. Morris, a
physician at Swindon, was called in, and found the
prisoner, Dr. Pownall, sitting in a chair in the kit-
chen in a state of insensibility, and suffering from
the effects of some narcotic poison, which, from a
bottle which was shown to him, the witness believed
to be chloroform. External and internal stimulants
were used, and the prisoner became. sensible.
The same day Dr. Morris saw him again, when the
prisoner said he was better, and that, unfortu-
nately, he had taken chloroform, but he was sorry,
for what he had done, and wished it not to be men-
tioned He said he had been annoyed by Mrs.
Pownall and had met with pecuniary losses, and
his object was to destroy himself. He also said
they excited and upset him, and he hit the old
woman on the head. From what the witness saw
and was told by. Mrs. Pownall he signed a certifi-
cate for his admission into Dr. Davey's asylum at
Northwoods. This witness, in answer to questions
from the learned judge, explained that in homici-
dal and suicidal mania the impulses are sudden, and
are often followed by tranquillity as soon as the
impulse has been gratifed. The othea medical man,
who signed the certificate was a Mr. Gay, but he
was not called as a witness. Chas. Bonham said,
he was called in and saw the cuts on the head of
the old lady, and arranged to sit up at night with
the prisoner. One night he was sitting up with
him, with Dr. Davey's son and a keeper, and it ap-
peared the prisoner overheard some conversation
which had taken place, and observed that he saw
through the trick, He then went into a long state-
ment, complaining of the conduct of his family to
him, and continually complained of his food being
drugged. He became much excited when he knew
that Dr. Davey's son and the keeper had come, and
managed to get out of the room, under pretence of
calling for some water, and returned with a double-
barrelled gun behind his back and rushed with it to
the room where his wife, sister, an mother-in-law
were, and pointed the gun at thdem. His sister
seized the gun by the muzzle and lifted it up, and
the keepers laying hold of him behind, the gun,
which was loaded, was taken from him without
any injury being done. The next day the prisoner
was taken away to Dr. Davey's asylum, at North-
woods. Dr. Davey was examined, and said he re-
ceived the prisoner with a certificate, which stated
he was labouring under homicidal mania, and he
treated him accordingly. In about three weeks he
appeared considerably improved, so much so that
on the 17th of May Dr. Davey wrote a letter, in
which he said he thought he was in that state of
mind in which he would be improved if he were
restored to his liberty, but he (Dr. Davey)
found an unwillingness on the part of
the prisoner's family to his being restored
to liberty. Some correspondence ensued with her
Majesty's Lunacy Commissioners, who wrote a
letter to Dr. Davey, which he had destroyed, but
in which, he said, the Commissioners requiredthat
the prisoner should be restored only, under leave of
absence, under a keeper. The family wished the
prisoner to be removed to the asylum at Coton-hill,
near Stafford, but Dr. Davey said he could not give
a certificate of insanity for him to go there. The
prisoner was detained at Northwoods till a suitable
attendant could be engaged to go with him ; but
this difficulty being at length got over, the prisoner
was taken by his new keeper, named Richard
Poole, t , the house of Mr. Leete, at Lydney. When
Dr. Davey. discharged the prisoner he gave him a
certificate in the following. form :
"Northwoods, near Bristol, Aug. 10, 1859.
" I hereby certify that Dr. Pownall has been under my
care here for some four months, that he is now quite re-
covered, and is this day discharged cured.
"J. G. DAVEY, M.D."
Dr. Davey said ho had no doubt that the prisoner,
when in his asylum, had been suffering from homi-
cidal mania, and that when he committed the act
now in quest;en he was suffering from a paroxysm
of that disease, and was unable at the time to dis-
tinguish right from wrong. He said he gave the
certificate above referred to to the prisoner, in order
to influence his mind hopefully and cheerfully, and
o to put him in the best possible state for recovery.
He never allowed the prisoner to have razors, and
he did not think it necessary to give Mr. Leete
any caation on that point, as he supposed the
prisoner was going to be placed under
the care of a gentleman conversant with
cases of insanity, who would not allow his
patient to have razors. Dr. Davey also said
that at the same time that he gave the
prisoner the certificate that he was " quite
recovered " and cured," he also gave him a
letter of introduction to Mr. Leete, containing cer-
tain hints "to put Mr. Leete on his guard." In-
stead, however, of sending this letter by the post,
Dr. Davey gave it to the prisoner, who produced
the certificate to Mr. Leete, but said nothing, about
the letter of introduction, and nothing more was
seen of it till it was found among the prisoner's
papers in his bedroom, after the dreadful tragedy
had been enacted. The prisoner arrived at Mr.
Leete's, at Lydney, on the 10th of August, and soon
gave Mr. Leete to understand that as he had a cer-
tificate of cure he was a free agent, and would not
be under control, and, on the 23d of August, he
dismissed his keeper, telling Mr. Leete that he did
not want him (the keeper), and that he himself was
going to London in a few days to settle some busi-
ness. The prisoner had always borrowed a razor
of his keeper, who used to lock it up immediately
it was done with, but after the prisoner had dis-
charged his keeper his razors were given to him.
The prisoner's friends, when applied to on the sub-
ject, objected to his having them ; but on the 18th
of August Mr. Leete wrote them a letter, inrwhich
he said, " I consider all the precautions requested
to be taken with respect to Mr. Pownall to be per-
fectly unnecessary." The razors were accordingly
given him, and, as he had money, the prisoner was
allowed to go in and out, and to conduct himself
entirely as if he were a freo man and in his perfect
senses. It so happened that Mr. Leete had an.
other patient, who was afflicted with epilepsy, and
who was kept in a cottage two or three miles off;
sub-
ject of hillnciuiry
the girl,
lived a
whoses t,
servant,
edrevaatnh 11 Dm the h e
was a
quiet

„-

, .
inofiensiVe girl, about 16 years of age. On the 29th
of October she came to Mr. Leete's house at Lydney
and slept with the servant of that establishment,
as she had done on two or three- previous occa-
sions, Mrs. Leete having on those occasions passed
the night at the cottage. On that night, the 29th
of August, Mr. Lute came home at eleven o'clock,
and as he was cold and wet he went into the
kitchen, and sat there talking with the prisoner till
they both went to bed, there being nothing in the
prisoner's manner more than usual. At about 4
o'clock in the morning Mr. Leete was knocked up
to attend a midwifery case, and as he had no luci-
fers he knocked at the prisoner's door, and hejumped
out of bed to get some matches. Mr. Leete returned
at about 5 o'clock, and the prisoner, who had pre-
viously appeared interested to know about the case,
called out of his room to know what it was. Mr.
Leete replied that it was nothing more than com-
mon, it was only fright, and went to bed. It ap-
peared from the evidence of the servant maid, that
at between 5 and 6 o'clock, the prisoner knocked at
her bedroom-door to call her, as he had done on two
or three previous occasions. Louisa Cooke then
dressed herself, and went into Mr. Leete's bedroom,
to fetch a case of instruments which she had been
instructed to take to the cottage. The prisoner's
bedroom was opposite to Mr. Leete's ; and soon
after the poor girl had left her master's room a noise
was heard as of a scuffle on the landing. The de-
ceased cried, " Oh !" and then " Murder !" and when
Mr. Leete jumped out of bed and opened his door
she rushed in, saying " Master, he's murdered me ;
I shall die." She held the box in her hand, which
Mr. Leete took from her and examined her wounds,
but finding that all the important vessels in the
neck were cut, he saw that he could do nothing and
laid her down and she died directly. In his fright
Mr. Leete had bolted his room door and rushed to
the window, and gave an alarm to some men who
were passing, and wished them to break into
the house ; but before this could be done the pri-
soner had opened the door of the maidservant's
room, and told her to " Be 'quick, get up, some
one has murdered her." The affrighted girl lost
no time in putting on her gown and making her
escape into a neighbour's house, as did Mr. Leete
likewise, and when the men got into the house
they found the prisoner in his bedroom, in his shirt,
sitting on the bedside, with a blood-stained razor
on the washstand. A policeman was then sent for,
and the prisoner was taken into custody upon the
charge of murder. Such are the main outlines of
this case, somewhat inverted in the order of proof.
Dr. Davey was the last witness examined, and the
jury said that they were quite satisfied on his and
the other evidence that the prisoner was insane at
the time he did the act.
Mr. Baron Channell, however, summed up the
evidence, and explained to the jury the nature
of the question they had to determine, and the
chief points of the evidence.
The jury then found the prisoner not guilty, on
the ground of insanity.
Mr. Baron Channell then directed that the pri-
soner should be kept in custody during her Ma-
jesty's pleasure.
During the trial of this case a good many ob-
servations were made with respect to the conduct
of the medical men which led to the catastrophe;
but we do not think it necessary in this summary
to do more than repeat the main facts of the case
upon which those observations arose.
After the trial of this case, one prisoner, W.
Gapper, remained to be tried ; but it appeared he
had been carried away to another assize to give
evidence, and had not been brought back.
Mr. Baron Channell said it was pcssible the pri-
soner was an innocent man, and he would, there-
fore, adjourn the Court, in the hope that on the
arrival of the next train the prisoner would be
brought back for the trial. His lordship recom-
mended the jury in the meantime to take a walk,
which they did accordingly, but as the prisoner
had not arrived when the Court resumed, the jury
were dismissed, and the assizes brought to a close
at four o'clock.
In consequence of his absence the prisoner will
be compelled to remain in prison to await his trial
at the Spring Assizes, which will not take place
ill the first week in April next.

client has been unjustly dealt with. I will ask
him. Are you prepared to pay when cal led upon ?
Prosecutor—Yes, lam ; every farthit g. I am
entitled to thousands when I arrive at 21 , in Janu-
ary next.
Mr. Combe—l am sorry that Mr. Pearson used
this finesse, but I do not think that any jury would
convict if they took a common-sense view of the
case. Here is a man carries on business, incurs debts,
and pleads infancy ; and when one of his creditors
tries to get his own, he is to be prosecuted for
swindling. I cannot say whether he has not used
the best means to recover his property or the value.
Prosecutor—But I am entitled to thousands when
I come of age.
Mr. Combe—Then you had better have waited,
and not get goods in this manner. Ido not justify
Mr. Pearson, strictly speaking.
Prosecutor (in answer to Mr. Edwin)—My ac-
count against Mr. Row was for £l2 10s.
Mr. Edwin—That is the exact amount due by
you to my client.
Mr. Pearson—We supplied goods amounting to
£l2 10s. to the prosecutor in October at a month's
credit, with 21 per cent. discount.
Mr. Com be—Then he ought to have paid you
last month ?
Mr. Pearson—Yes, sir.
Mr. Combe—l always think that when goods are
obtained by infants otherwise than as necessaries it
is a complete fraud. What does Mr. Wells say
about it ?
Mr. Wells—The custom of the trade is, that I can
extend the credit to four months by dropping the
discount.

Mr. Combe—When you incurred this debt did
they know you were an infant !
Witness—l do not know. I never saw Mr. Pear-
son before. I gave the order to his traveller.
Mr. Combe—Did the traveller know that you
were an infant ?
Witness—l do not know. I did not tell him
whether I was or not.
Mr. Combe—Then you concealed that fact ?
Mr. Binns—Are you not now dealing with some
of the first firms in London, they knowing you to
be under age ?
Witness—Yes ; I am supplied readily with hun-
dreds of pounds' worth of goods.
Mr. Edwin—Do you know Mr. Wallis ?
Witness—Yes.
What did he sue you for ?
Witness—l do not know exactly. I then pleaded
infancy.
Mr. Binns—All the parties will be paid in full,
your worship, in January nexi. But this is a case
of false pretences, and must be gone into.
Mr. Combe—lf I am satisfied in my own mind
that no jury will convict I shall dismiss the case.
Prosecutor (in answer to Mr. Edwin)—After the
first invoice was made out, goods to the amount of
£2 were had in addition ; and when I went to Mr.
Pearson's I receipted my invoice, when he put
down two sovereigns, which I put in my pocket.
Mr. Pearson then tendered his account for £l2 10s.,
and said that settled it. I said no, and gave the
sovereigns back, saying it was not a legal tender.
Mr. Combe—Then you made out two invoices ?
Witness—Yes, sir ; the first for £l2 10s., in the
name of Row ; and when I was in Mr. Pearson's
house, and spoke about the additional goods for £2,
he said, make out another invoice in my name for
the whole amount. Consequently, I made out a second
invoice as desired, and tendered that. Then Mr.
Pearson handed me his account and two sovereigns.
Mr. Combe—Then there is an end to all the
fraud, as the first bill is null and void. Mr. Binns
has a perfect right to do all he can for his client, but
he must see what the case is now. Whatever false
pretence there was, was in the first instance, when
Mrs. Pearson obtained the goods in the name of
Row, but Mr. Wells goes to the house afterwards
knowing that £2 worth of goods had been added to
those first selected, and makes out a second invoice
for £l4 108. in the name of Pearson. That sets
aside the first invoice, at the same time he does
that in the presence of both prisoners, well knowing
them to be man and wife.
Mr. Binns—But Mrs. Pearson, or Row, has not
purged herself from the criminal act of falsely ob-
taining the goods, amounting to £l2los. She must
do that, sir.
Mr. Combe—My opinion is that there was a sub-
sequent dealing by making out the second invoice,
and that was an abandonment of the first. I shall
dismiss the case, and in doing so, must say that it
is one of the most unfair and unjust prosecutions I
ever heard of.
The defendants then left the court with a host
of friends.

THE HON. HUGH ROWLEY AND EIS

LATE WIFE.