The Sun.
London, England, 1861-10-09 00:00:00

SHOCKING DEATH FROM ABORTION.

COMMITTAL OF A SURGEON, AND THE HUS-
BAND OF THE DECEASED TO NEWGATE.
Last evening Mr. John Humphreys, the coroner
for East Middlesex, and a jury, assembled at the
Lord Wellington publichouse,Three Colt-lane, Cam-
bridge-road, Bethnal-green, respecting the death of
Eliza Garrett, aged 34 years, who it was alleged
lad died from injuries caused by a medical man
named Benjamin Vale, of 6, Henry-street, Lime-
house-fields.
William Garrett, of No. 9, Coventry-street, Three
Colt-lane, said—The deceased is my wife, and I
knew she was enceinte. I did not know that she
was in the habit of visiting Mr. Vale, but she told
me she was going to a gentleman for advice to do
away with the child. I did not know how long she
had gone in her pregnancy. She had not had any
miscarriages to my knowledge. There was not
any agreement between me and deceased respect-
ing her having more children. It was not my wish
for her to go to Mr. Vale, and I forbade her going
to him three weeks since. She told me one night
that she, had been to him and said that he had used
instruments. She had had some medicine from him.
This witness underwent considerable cross-exa-
mination by the Coroner, and the Coroner and jury
expressed their opinion that this witness had given
his evidence in a veryllippant and unsatisfactory
manner, and had kept many important facts back
which ought to have been adduced.
Lucy Reynolds was examined next and said that
she resided next door to the deceased. On Tues-
day, the Ist inst., she sent for me, when I found
her up-stairs in bed. She was suffering great pain,
and I did not know that she was ill before that. I
asked her what was the matter with her, When
she replied, "I do not know." I told her that
thought it was a miscarriage. She admitted that
such was the fact ; and when I wished to go for a
doctor, she said she would send for a midwife. I
wished to go for a medical gentleman, but she re-
fused. Mrs. Vale came while I was there, and one
child had been born. The second child was born
while she (Mrs. Vale) was in attendance upon the
deceased, who was delivered of twins. The chil-
dren were placed in a chamber utensil, and thrown
down the water closet. Mr. Vale was present then,
and went away. I remained with the deceased,
and she said that she was better, but she still com-
plained of pain in the stomach. I endeavoured to
persuade her to have a doctor, but she refused.
Mr. Vale sent more medicine.
Coroner—Did you know that Mr. Vale was a

surgeon ?
Witness—Yes, I believed that he was, and I did
not know to the contrary. On the next morning
the deceased told me that she was very ill, and had
been so all night. The husband came home at
eight o'clock that night, when I left. I previously
pressed him to have a doctor, and asked him why,
when he said that Mr. Vale was coming again. The
deceased sent her little girl for Mr. Vale, and would
not let me go. The husband knew that Mr. Vale
had been, and had delivered his wife, and notwith-
standing that I remonstrated with him he said no;
it would be such an expense. The husband said
that he preferred Mr. Vale, because he knew his
wife's constitution.
By the Coroner—l had told the deceased that I
did not like the appearance of Mr. Vale, and I
thought that he was intoxicated. She said that he
was very clever. I left the deceased at eleven
o'clock that night, but saw her again early in the
next morning. The husband had been to his club,
and did not come home until four o'clock. The de-
ceased wasin the meanwhile in the care of a single
young man lodger. The deceased, at my earnest
solicitation, sent for Dr. Defriez, of the Bethnal-
green-road, who attended with other medical gentle-
men, but the deceased was sinking from exhaustion.
The tdeceased told me that sho feared she would not
get over it. I told her she must pray to God, when
she replied, " Is there any forgiveness for such
wickedness PP, I replied " Yes, and you will enter
the kingdom of heaven."
By the Coroner--I think that fle had taken

something to cause a miscarriage. I told her
that I wished to know the truth, when she
charged me not to tell anybody. She said that
she had been to Mr. Vale, of Ilenry-street, Lime-
house-causeway, and she added that her husband
had persuaded her to go. I said he must be a
strange man to do that. She said that. Mr. Vale
had used an instrument with teeth in it, and opened
with a spring at the end. She said that Mr. Vale
was to have a half guinea for his services. She
said that she had been twice to Mr. Vale's
house, on which occasions he had used the
instruments. She said that her husband
had been the instigation of her going to Mr. Vale,
and I " blowed her up for going." Mr. Vale called
on the Saturday before the deceased died, and she
was then delirious. My opinion is that the deceased
has died from the use of instruments.

After the examination of several witnesses,
Dr. Corner, of Mile-end-road, stated that he was
called on Sunday morning last to the deceased,
whom he found suffering great pain over the bowels,
&c. but she aied on the following morning. He
had since made a post-mortem examination of the
body. The membranes of the brain were rather con-
gested_ The lungs, chest, and other organs healthy,
excepting that the heart was thin. There were
three indistinct marks upon the mouth of the womb
which might have been the result of puncture by the
instrument referred to, but the exciting cause of
inflammation was most likely from such punctures,
in the absence of any other known cause.
The Coroner then called Mr. Vale, the surgeon,
into the room, when he cautioned him in the usual
form.

Mr. Vale made a long rambling statement, and
denied the allegations made against him. He said
that he had never used any instruments upon the
deceased.

The Coroner summed up the whole of the facts,
when

The jury unanimously agreed to a verdict of
" Wilful murder against Benjamin Vale and Wil-
liam Garrett, for killing and slaying Eliza Garrett."

The Coroner then made out -his—warrant for the
committal of the accused, who were placed in a cab
and conveyed to Nowgate by Mr. John Smith, the
summoning officer of Bethnal-green, to await their
trial at the ensuing sessions of the Central Criminal
Court.

The prisoners when they left were greeted with
loud hooting and yelling.

THE ALL7?GED MURDER OF A CAP-

TAM ON THE HIGH SEAS.,

PROCEEDINGS UNDER THE EXTRADITION

ACT.

Mr. Darker, the chief clerk in the office of the
American Consul, waited on Mr. Corrie, st the
Bow-street Police-court, in order to request that a
time might be fixed for the examination of William
Henry Hawkins, a man of colour, late steward of
the American merchant vessel the Lammergier, in
custody of the police on a charge of murdering his
captain, William Henry Adams, on the high seas.
The vessel, it appeared, sailed from London on
Saturday, 21st Sept., and the murder was alleged to
have been committed on Sunday, 29th Sept., in the
Channel. The mate took the command of the ves-
sel, and put back to London, where the man was
given in custody of the Thames Police, and was
taken before Mr. Selfe, the sitting magistrate at the
Thames Police Court, on Thursday last. Mr. Selfe
was of opinion that the matter was out of English
jurisdiction, being more than three leagues from
the shore, and therefore decided that the case must
be proceeded with under the Extradition Act. Ac-
cordingly an extradition warrant had been obtained,
and the police were prepared to bring him before
this court. In all cases under the Extradition Act
it was necessary that the proceedings should take
place at this court.
Mr. Corrie said he would take the case as soon as
the prisoner was brought before him.
Inspector Cox, of the Thames Police, who had at-
tended with Mr. Darker, subsequently proceeded to
the police station at Wapping, in order to fetch the
prisoner, who was ultimately brought up, and placed
at the bar shortly before 5 o'clock.
The prisoner, though stated to be a mulatto, is as
black as many full-blooded negroes.
The charge having !been stated to the prisoner,
the following depositions were taken :
Dannis James Stetson—l am the chief mate of
the ship Lammergier, of New York. I sailed in
that ship from London on the 21st of September
last, bound for Callao. On the 28th September, at
breakfast time--about eight o'clock—l and the
captain went into the cabin to breakfast. Tho pri-
soner, who was the steward, was present. The
captain found fault with him, and it ended by the
captain striking the steward. After breakfast I
spoke to the prisoner, and told .him that the captain
was a strange man, and ho had better not argue
the point with him. The prisoner izaid "I am a
strange man too, and no one on board knows me
yet." On Sunday morning, the 29th, I went on
deck about half-past seven. I saw the priataner in
the carpenter's shop. About 10 minutes to Dine
o'clock I went to the captain's state room aid
knocked at the door several times, calling out,
" Captain Adams." I could hear him breathing, but
received no answer. I returned on deck, and in
about 10 minutes went back again, and again
knocked and called, but receiving no answer I went
into the state room, which was dark. I put my hand
on the captain's shoulder, shook him and called him,
but received no answer. I then went on deck and
saw blood on my hand where I had touched the
captain. I then called the second mate and the car-
penter, had the blinds of the state room opened, and
then went into the state room with me. I then saw
the captain lying upon his back, and a wound upon
the right side of his head, from which the brains
protruded. He was not at that time dead, but he
died at 20 minutes past 10 o'clock. The prisoner was
put in irons, None of the crew wore in or about the
cabin whilst I had charge that morning, and when
all hands were called aft they all came except the
prisoner, who did not come till he was called by
name. When he was put in irons he made no objec-
tion, and did not say anything. I afterwards re-
ceived from the carpenter an axe, which was wet at
the time.
Cross-examined by the prisoner—lt was about
two minutes after the crew came before you came.
You did not answer when first the men were called
aft. The cook came aft before you did.
John Henry Myers.—l am second mate of the
ship Lammergier, of Now York. I sailed in that
ship on the 21st September bound to Callao, Peru.
Wm. Henry. Adams was captall:- On the 28th, at
breakfast time, I was in the cabin with the carpen-
ter and the prisoner. The prisoner sejd to me," It
is the first time I ever was struck on boata.A• an Ame-
rican ship." He added that he had been mat.; years
a steward, and that he would give us all a chanCe to
get back again to London. I told him if he had anT
threats to make he had better do so out of my hear-
ing, and I advised him, v, hatever he did, not to com-
mit himself. On Sunday morning, the 29th, I had
charge of the watch from four to eight o'clock.
The captain went below about 5 o'clock. I called
the mate about half-past 7. He came out on deck,
and after cleaning himself went to call the captain.
At half-past 8 he came to me and said he could not
wake the captain, and that he (the captain) was
breathing heavily. At 10 minutes to 9 he again
went to the captain's cabin. I saw him go in, and
he tried to wake the captain. The room at this
time was dark, as the shutters were closed. When
the chief mate came out I saw blood on his hand,
and he said " My God, the captain is all over blood."
We then called the carpenter, got the shutters open,
and all three went into the room. I saw the cap:-

tarn lying upon his back, his head on one side, and
a wound in it from which the brains protruded.
He was still alive, there being a gurgling in his
throat. I said " My God, the captain is murdered.
Call all hands aft." All hands came aft, and I then
called the prisoner and put him in irons, and the
crew were informed of what had occurred. We
were at this time 12 miles from the Start Point at
sea. The vessel's course was then altered, and we
returned to London. None of the crew could pos-
sibly obtain admittance into the cabin without the
knowledge of the officer of the watch, but the pri-
soner slept in the cabin, and I saw him up and about
between 7 and 8 that morning.
John Miller—l am carpenter on board the Lam-
mergier, and sailed in her from London on the 21st
September. On the 28th T and the second mate
breakfasted together in the cabin, after the captain
and chief mate. The prisoner spoke to the second
mate, and I heard him say that he had had words
with the captain, and that he would give us all a
chance to get out of her (the ship). In the after-
noon I was down between, decks, and I asked the
prisoner what the disturbance had been between
him and the captain. He told me that the quarrel
was about tho breakfast, and that the captain had
struck him ; that it was the first captain that had
ever struck him, and that he (the prisoner him-
self) would be the last man the captain would ever
strike. He added " I will cut his G--- d--
g--- out before supper, or the first time I have a
chance. I am bound to kill him." The prisoner
then went on deck, and said no more to me. The
next morning I saw the prisoner a little before six
o'clock, and about half-past six he came to my
room, which is in a house upon the deck before the
main hatch. He appeared a good deal excited, as
if from drinking. He asked if I was a freemason,
and told me he had the first degree of freemasonry,
and if I would give it him, he would try me ; and
added that he wanted me to stick to him as a
brother. I said, " All fright, steward; so long as
you act as a brother, I will act as a brother to you."
lie naked me, if I ever drank anything, and said
he would give me some whisky. He then went
out but returned in a short time and sat down. lio

asked me for a hatchet, and took mine up. He -
asked me whose it was. I told him it was mine.
He asked if the captain .had one. I said he had,
but it was not ground, ant 1 I told him where it was.
He then took it (witness's hatchet) up, and said he
wanted it to open a box of • eggs. I said a chisel and
hammer would be best ; b> it he said the axe would.
The axe was quite a new one, and had never been
used or sharpened since it was bought. He went
away, and took the axe with him, as I supposed to
open a box of eggs with. :In about 15 or 20 minutes
after this the cook brough t me the same axe back,
and said, " Here is your as :e ; it is all wet." I told
him to put it down anyWhETe. Soon afterwards the
prisoner came into my room again, and asked me if
I had got my axe, and sail I, " If you are called upon
or asked about it, remembE r I got the axe to open a
case of eggs with." He th en said he had never been
able to ascertain whether th e captain was bound to the
Eastward. I asked him wht tt he meant. He said, " In
search of light," and in an. excited way added "as a
brother." He left me thon, but came back again
after eight o'clock. The chief mate also came to
me, and said he was hungry. The prisoner said,
"The breakfast is all ready upon the table, if ever
the captain gets up to eat it." Between half-past
eight and nine the chief mate came to my room.
The second mate and the prisoner were there at the
time. He said, " The captain is snoring like h—,
and all over with blood," and he and the second
mate went out together. The prisoner said, " Snor-
ing like h--, and you (meaning the chief mate)
are the first that have found it out. Keep that in
mind, carpenter." He then left my room, and the
second mate came running in and said, " The cap-
tain is murdered." I immediately went aft and saw
the captain, who was than dying. The crew were
called aft, and the prisoner was put in irons. I ran
' for my hatchet, and showed it to the mate. It had
been washed. I delivered it to him. The captain
expired about ten o'clock..
John Morris (a black man)—l am cook on board
the same vessel, and sailed with her from London
on the 21st. I remember that on Sunday morning,
the 29th, the prisoner came to me in the galley and
said, "Doctor" (a usual nickname applied to the
cook on board ship), " you give this axe to the car-
penter, will you ?" and he gave me at the same time
an axe wrapped up in a table-cloth. I said " Why
don't you give it to him yourself ?" He said he had
not time, as he wanted to lay the breakfast for the
captain when he got up. He left me then, and I
took the axe to the carpenter and gave it to him in
the same state that I received it from the prisoner.
Mr. Darker intimated that this was all the evi-
dence he had to offer. _ _ _

Mr. Corrie (addressing the prisoner)—l have no
jurisdiction to try this case. You are going to be
taken to the United States to be tried there.
Mr. Burnaby (the chief clerk)—You will now be
committed to the House of Detention, where you
will be kept till the American authorities remove
you to New York.
The prisoner was then removed from the court.
It was stated that the axe had been examined
with a microscope, and that human blood and hair
had been found on it, but no evidence to that effect
was tendered.