The Sun.
London, England, 1857-12-17 00:00:00

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part of her head. I was at the bottom of the rails.
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away before he was aware of me. I said
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you'll have to suffer for this."
carry her
taoellisamik speak I'll serve you the same." I
.o him. He took her off. I
sfoallidownoetdhhiniing ftlarstphaecre
of five yards. I thought it
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Pliovred him sp than if I stood
where I was. The road which crosses the bridge
goes up to Bradley. He took her over the bridge to
the Bradley side, and then tai ed to the left, after
two or three yards. He went al,?rig a cartroad,
between two buildings, cottages. This was about
20 minutes past 12. I know that, becaugo I had
heard Morley clock strike 12 a few minutes before.
I saw prisonergo to the breast of the wharf, to the
basin. He turned round to me and said, " Now, if
you speak, or tell any one, I will kill you ; I will
serve you the same as I served her, and sot
some one else on to watch instead." He said this at
the breast of the wharf. He then turned from me
and carried her to the point of the two basins. I
then went along the rail to the " Wonder Pit."
I saw the prisoner put the woman in the water.
I did not see the woman move, nor hear
a sigh nor a groan. He carried her in
the same position all the way. I did not
see him leave the wharf. When I turned off
he was putting a woman into the water. The
woman had something of a red gown on. I saw
nothing on her head. The prisoner overtook me
again that night when I got a quarter of a mile. I
was going to the engine that did not work at nights.
He said, " Now, if you speak and tell anybody, I'll
serve you the same as I served her." I did not
speak to him at all. He went across the main canal
road, as if he was going to Moxley. When he over-
took me I was 20 yards from the main road, and he
came after me down the fields. I went to the en-
gine, and locked myself up till daylight. I did that
because I was frightenedof my life. I saw the pri •
soner the next night about the same place, about
300 yards from the little engine. He said, " Now,
if you speak or tell any one, I'll kill you and serve
you the same as her, and set some one else on to
rtituc 'Tycho csfLci. Ghia I fhb& gave haul-
mation. It was to the mistress of the house where
I lodged, at the New-town, Bilston. I did not give
the information before because I was afraid of my

life. Tile prisoner s3veral times spoke to me the
same. Three days after I gave the information I
was summoned before the magistrates and sworn.
Soon after I was discharged on a sudden without
notice. I then went to Dudley, and stopped there

at the Plume of Feathers till the 5 o'clock train,
and then went to Worcester. I was afterwards in
the workhouse at Bristol, at the later end of June.
When I left I did not tell anybody where I was
going. I came back to Warwick. I was sent to pri-
son there for breaking the windows of the Warwick
Union. I went there for a night's lodging. I was
brought back by the superintendent of the War-
wick police, and taken before the corener at Biliton,
and examined. That was September the 4th.
Samuel Hawes said he was a watchman on the
Great Western Railway at Bradley, and on' duty
on the night in question along with another man
named Watson. Watson watched the Bradley-
bridge, at a quarter to 10 he left, and I took charge
of the bridge. The bridge had been giving way on
account of the pits. I was in a little hovel by the
side of the bridge. At near 11 o'clock I heard some

people talking on the bridge. It appeared to be
a man and woman. I then went to sleep. I was
woke by a loud screaming noise, like a woman. I
heard a voice say, "Don't hit me," and directly
atter that she said, " You said you would, but
don't, dont." It was all in a loud screaming voice.
I then went outside the hovel. I could not see any
one, but 11. eard some people talking. [ then went
in and sat down. I sat down about 20 minutes,
and thought I heard some one on the line. I could
see no one. In about 20 rainu`.es I heard the goods
train. It was then 11.45.
Cross-examined—l afterwards mentioned in the
neighbourhood what I had heard.

Re-examined—l examined the railway book to
see what time the train arrived. It was 5 minutes
behind its time. It was 20 minutes before the
train arrived I heard the expressions.
Elizabeth Ellmore said she lived near the pri-
soner's house, and saw him on the road about GO
yards from his house at one o'clock on the 30th of
April, and saw him go into his house. She saw
him pass Plant's house, but did not see Plant. She
knew it was one o'clock because she heard the
clock strike.
Cross-examined—Was fetching water for some
one who was

John Plaut, the witness referred to by the last
witness, said he saw the prisoner pass his door ou
the night in question, but he believed it was about
12 o'clock. The prisoner spoke to him, and stayed
talking till nearly two. He then went home.
Hugh M'Crea, the auperint3ndeut of police at
Bilaton, took the prisoner into custody on the 24th
of May, and charged him with the murder. The

prisodei said he was innocent of that, and had

never spoken to her since she left him, and bad him
up about the wages. That was on the 3d of March.
The Bradley-bridge is about 260 yards from the
wharf, ten minutes' walk from the Holyhead-road,
and about 300 yards from the house where the
deceased lived. The canal is 6or 7 feet deep a
short distance from the bank. The bottom of the
canal is red with the iron ore.

Cross-examined—There ware appearances of red
era having been unloaded on the wharf. I have
known frequent accidents from people walking in
these fields at night. The lights are very dazzling.
During the assizes a man has walked into a canal a
quarter of a mile from this place and been drowned.
The cake-heath is 50 or 70 yards from the wharf.
The light makes it dangerous.
Re-examined—There would be no difficulty in
finding your way on a clear night.
Mrs. Welton, recalled by the Judge, said the
deceased was keeping company with a young man
at Mr. Moon's, where she worked. The deceased
said he was at work that night, and she need not
be afraid of her going to him.
Martin Egan, the young man in question' was in
court, and, being called by the learned Judge, be
said he saw the deceased on the night of the
of April, at 10 minutes before 6, but he did not see
her again that night.
Mr. Kettle, in addressing the jury for the pri-
soner, said that but for the evidence of the witness
Wail there was nothing to show that the deceased
bad not met her death by accident. The learned
counsel then commented at some length on the
evidence given by that witness. He said it was his
duty to wander about at night among flickering
fire and strange sounds, and he suggested that,
having been himself the subject of blame, the wit-
ness had deluded himself so far as to make. up the
strange story ,which he deposed. Tho story he
told was wholly unworthy of credit, and the learned
counsel called on the jury to disregard it altogether,
and to say the prisoner was not guilty.
_ _ . _

Mr. Baron Martin, in summing up the evidence,
said the first question they would have to determine
was whether deceased was murdered at all, or whe-
ther she was drowned by accident, 23 the surgeon
seemed to think. The case against the prisoner
rested entirely on the evidence of the witness Wall.
According to his statement the murder was com-
mitted at about 20 minutes past twelve; but, ac-
cording to the other evidence, the prisoner at that
time was at Plant's house, having left the Square
and Compasses at 11 o'clock. It was suggestei
that Wall was under a delusion, but' he (Mr. Baron
Martin) could see nothing iu his manner to sup-
port the suggestion. The jury, however, must say
whether they believed him, for it might be that
for some reason he had come to give false evidence.
The learned judge then rea 1 over the whole of
Wall's evidence, and that given by the other
witnesses, and left it to the jury to say whether,
under the circumstances, they could so far rely
upon Wall's statement as to find the prisoner guilty.
If they had any reasonab'e doubt, it would be their
duty to s ty ha was not guilty.
The jury almost immediately found the prisoner
Not Guilty, and he was diticharg,A.

WESTERN CIRCUI P.—EXETER, DEC. 14.
(Before Mr. Justice Willes.)
Joshua Westlake, John Pike, and Alfred Clarke
were indicted fora burglary in the dwelling hens,
of Francis Weeks, on the 18th of September, at
Whimple.
Mr. Coleridge c )nductei the case for the prosecu-
Hen, and Mr. H. T. Cole defended the prisoners.
It appeared from the evidence of the servant girl,
named Emma Woods, that on the night of the
17th of September, about 11 o'clozl, she was
aroused by a noise outside the hou -0. She looked
out of the windo iv and Eaw the three prisoners in
the yard. She went to her masttr's roam, but h
was not in bed. She then lighted a lamp and took
it to her own room, and then put a cloak over it.
She looked out of the window and saw three men.
Two of there, Wesil k and Clarke, put a lad 1• r
up to her window, and Westlake ascended it. Ho
then took a knife from his breast and cut a cord
which had been used to fasten the window. He un-
hung the casement and handed it to Pik', who was
also standing on the ladder, and he passed it to
the other prisoner who sool at the foot of the
ladder. She then took her cicak from off the
lamp, and as Westlake was getting in at the win-
dow she put it to his face, and put her hand upon
his head, and said, " Westlake, I suppose you have
not had bread and water enough." (He had been
in prison for stealing some wood.) Ho then drew
back and descended the ladder, and she went down-