The Sun.
London, England, 1857-12-07 00:00:00

MONDAY

• died on Sattu•day night, live or six days after. Ile
called to me that evening, and said, •' Harry you
Catholic, me Catholic, too ; you save my mother,
live in Malaga, poor woman ; my father die ; my
mother very poor woman. I think I die. Please
time you go to Liverpool speak to Spanish Consul,
get my money, and send to my mother, Maria
Roderigo, at Malaga. If I die and no live to see
Liverpool, by Jesus Christ and the Virgin Mother,
have justice ! ' I told him that I would : and he
told me to put my hand on my heart and promise
before God that I would do so, and I did.
The inquiry was resumed to-day, the first wit-
ness examined being Daniel Gillespie, a seaman on
board the bark Elizaboh, who corroborated the
strikings'and kickings of Roderigo by the captain,
when the deceased was at the wheel. The wit-
ness also described other rope's-endings and beat-
ings of Roderigo, and also the effect of this course
of treatment upon Roderigo's person and health.
He also spoke to blows and kicks given by Millard,
the mate.
Dr. Thomas Inman was next called. He said
he had hoard the whole of the evidence in the case.
In reply to Mr. Tyndal, Dr. Inman said the in-
juries stated would be sufficient to cause the death
of an otherwise healthy person.
Mr. Wm. Wall, house surgeon to the Northern
Hospital, agreed with the opinions expressed by
Dr. Inman.

This being the case for the prosecution,
Mr. Snowball_ addressed his worship on behalf
of the mate.

Mr. Bleck next addressed the Court on behalf 0:
Captain Christie.

Mr. Mansfield said the case was invested with
some difficulty. He did not think it proper, with
the evidence before him, to commit the captain for
trial on the charge of murder, but ho should com-
mit him for feloniously killing and slaying—in other
words, for manslaughter. The case against the
mate, he thought, was very much diminished in
magnitude, and he should only commit him for an
assault.

On being cautioned in the usual way, the captain
reserved his defence fur the jury ; but the mate
stated that the occasion on which he struck the de-
ceased was not for not keeping the look-out, but
because he found him in bed when it was his turn
at the wheel.

On the application of Mr. Snowball, the mato
was admitted to bail, himself in 1001. and two sure-
ties of 501. each.

The grand jury at the assizes had been discharged
before the case closed, so that the prisoners will be
tried at the March assizes, unless the case should
be taken at an earlier period before the Central
Criminal Court.

SERIOUS CHARGE.

PRESTON, FRIDAY.
To-day Mr. Monk, surgeon, a boroughand county
magistrate, was brought up at the Town-hall in
custody on the charge of forging a will. The case
excited great interest, and the court was
crowded. Mr. Ascroft, the town clerk, and Mr. R.
Segar, barrister, prosecuted ; Mr. R. A. Cross, M.P.,
barrister, instructed by Mr. W. Blackhurst, being for
the defence. On Thursday a coroner's inquest was
held, arising out of the same matter. Ed. Turner,
reedmaker, St. Paul's-road, died on the 25th Sept.
During his illness he was attended by the pri-
soner. He died in a fortnight, awl at his death it
was found that the prisoner had succeeded to de-
ceased's effects, which amounted to about 1001.
after his debts were paid. The rumours which were
circulated led to the exhumation of Turner's body
at the cemetery, and to the transmission of the
stomach and intestines to Professor Taylor for
examination. Professor Taylor's examination is
not yet finished. The inquest on Thursday was
adjourned after the evidence of Alice Chadwick,
the housekeeper, had been given. That evidence
showed that deceased during his illness was at-
tended by Mr. Monk, who in an hour after his
patient's death demanded the keys and removed
money and books from the house. The man died
on the Friday and Mr. Monk ordered the funeral
for the Sunday, on which day he took some silver
spoons away in his pocket. Subsequently he dis-
posed of the stock in the workshop, and the house-
hold furniture. The inquest was adjourned till
the 11th inst.
immediately after the inquest Mr. Monk was
taken into custody by the superintendent of the
police, and lodged in the lock-up.
To-day there were eight magistrates on the bench,
Mr. Ainsworth being chairman.
Mr. Segar briefly stated the facts, and expressed
the pain and embarrasgment he felt in being engaged
in the wise. He called
Mr. William H. Hinder, of the Consistory Court,
Lancaster, who produced the will alleged to have
been forged.
The Rev. Thomas Clark, surrogate, said he re-
membered the 26th of September. The prisoner
came to his house and said that a man named
Turner was dead, and money was wanted to pay
his workmen's wages ; that he had been to the
bank, and they declined to give him any without
proper authority on his part to receive it. He said
there was no will found, or words to that effect, and
that there were no relations to deceased known
nor likely to be heard of, and therefore letters of
administration could be granted to him, as prin-
cipal creditor. He further stated that he had bad
repeated conversations with the deceased, and knew
exactly what he wanted to do with his money.
The housekeeper was to have ss. a week paid to her
as long as she lived. He applied for letters of ad-
ministration, and witness read him the follow-
ing instruction which is given to surrogates :
"No creditor can obtain administration without
first issuing a citation, and obtaining a decree of
Court." Mr. Monk then wished him to apply at
Lancaster for that purpose. On the following
Tuesday he came again, and witness told him he
had an answer from Lancaster. The prisoner said
no answer was required, as a will had been found.
He produced a will, and witness administered the
oath to the prisoner as solo surviving executor.
[The will in question bequeathed 3s. a-week to
the deceased's housekeeper, and the remainder of
the effects to the prisoner. It was punctured in
the margin, contained legal phraseology, and was
dated February, 1855. Mr. Segar said the paper
on which it was written was evidently the blank
outside of a draught. It purported to bo signed
by Edward Turner, the deceased, James Holden,
and Joseph Wilkinson.]
Witness stated further that he afterwards re-
manager of the Lancaster
and gave it to
etheieve
Mr. John Fisher,
d prisoner,the p pro from e
paid
dm the L acnhcaarsgteesr.,
Bank in Preston, proved that on the 26th of Sep-
tember the prisoner applied for Turner's balance at
the bank, 561. odd. He produced a sheet of letter
piper containing writing, •n which witness declined
to pay him the money. He paid it on the 2d of
October, on the production of the will.
The paper in question on which payment of the
balance was refused was net produced, the prisoner
pleading that he had not time.
Robert Farnworth said he knew the deceased's
handwriting. The signature in the will was not
his. He did not know such a man as Holden.
Never heard deceased say anything about a will.
Worked for him five years, and knew him well.
Joseph Wilkinson said the signature of his name
in the will was not his handwriting. He knew
nothing about it. He was acquainted with Tur-
ner 14 years.
The prisoner was then remanded till Tuesday
next. Bail was refused.

The prisoner is the senior alderrnan of the borough
and a deputy-lieutenant of the county. He was
Mayor a few years ago, and was spoken of for the
office at the last election.