The Sun.
London, England, 1857-12-10 00:00:00

ASSIZE INTELLIGENCE.

ESTERN reIROUIT.—WINcitEsn:P., Dee. 9,
W
(Before Mr. Justice:les.)
Frederick Deane was indicted for feloniously
killing and slaying Hannah George, at Cosham, on
the 29th of October.
Mr. W. M. Cooke and Mr. Russell were counsel
for the prosecution ; and Mr. Poulden and Mr. H.
P. Cole for the prisoner.
The prisoner was a surgeon of 14 or 15 years'
standing, residing at Cosham, near Portsmouth,
and he was charged with negligent or rash conduct
towards Mrs. George in her confinement, in conse-
quence of which she died. The evidence of Mr.
George will give a history of the transaction. He
said—l am a grceer. I was married to my wife
in May ; she was 22 years of age. In October she
was expecting her confinement. I had retained
Mr. Deane, and had provided a nurse. On Friday,
the 23d of October, my wife was taken ill. Mr.
Deane was called in. He visited my wife again
on Saturday. At four o'cock on Sunday morn-
ing I got up and called iu Mr. Deane. He came
and remained the whole of that day, and until 7
o'clock on Monday morning. Mr. Deane came on
the Sunday evening, and remained all night. I
suggested further advice, but the prisoner said there
was no occasion for it ; it was a common case, such
as he should snap his lingers at. Mr. Deane left
after breakfast on the Monday morning. He paid
two visits in the course of that day. He came again
on Tuesday morning, stayed a little time, and then
brought Mrs. Deane. He came again on Wednes-
day morning, and said he was not required, and
went away. He was sent for at 7 o'clock on the
Wednesday evening. I asked if he had not better
take a second opinion. He said if I chose to fool
away a couple of guineas I might do it, but there
was no occasion for it. He remained that night.
About 6 o'clock next morning he came downstairs
and said it was a natural presentation ; the head
was in the world and it would soon be over. I
entreated him to have a second opinion. He said
nature was doing its own work, but doing it slowly;
that the pains had ceased, and he quoted some
lectures on midwifery to justify his waiting. About
8 o'clock he told me that there had been some en-
tanglement about the head which he had re-
moved, and all would soon be well. He came down
without his coat. My wife expressed a wish to see
me, and I went up to her room about 9 o'clock.
Mr. Deane was sitting by the side of the bed and
Mrs. Deane was sitting ou the bed. I went and
kissed my wife and never saw her afterwards.
Soon after Mr. Deane came down stairs. I said a
man must have a heart of steel not to feel for a
poor creature suffering as she was, and I must in-
siet upon having another opinion, and suggested
Dr. Ingledew. He said he was a friend of his, and
there was no man into whose pocket he would
rather put a guinea, -but there was no occasion. I
said, " Never mind the expense ; send for him."
He said he would go himself, because if a messenger
were sent the doctor might not Lome till he had seen
his other patients, and that in all probability he
would bring him in his own carriage. He went by
the omnibus at 10 o'clock. Dr. Ingledew lived
four miles off. Mr. Deane returned alone about 2
o'clock. I said, " Where's the doctor'?" He said he
could not come. I said, " Good God ; not come ?"
He sail he had stated the whole of the case to him,
and that would do as well. He said the doctor had
asked him why he did not remove the child, and he
bad told him he could do it himself, and should do
it directly. Dr. Ingledew had told him that he (Mr.
Deane) must be the best judge of the time. I asked
him if the child was dead : he said he could not tell
till it was completely born. At 5 o'clock in the
afternoon he said it was necessary that something
should be done, and he went for Mrs. Littlefield,
who lived close by, and they went up-stairs toge-
ther. About 6 o'clock Mr. Deane came to me and
said, "1 have bad news to tell you—she is gone."
said, "Good God, sir, you have left it too long."
He assured me everything had been done that could
be. In the course of that day he told me he thought
there were twins. Another medical man lived
within 150 yards, but he was younger than Mr.
Deane, and I had heard Mr. Deane say he would
not meet a junior practitioner. Mr. Deane was
never absent long together, and Mrs. Deane came
frequently. I have not directed this prosecution.
I declined to employ an attorney, as it was brought
forward by a county magistrate.
The nurse stated that on the Wednesday even-
ing Mr. Deane said it would soon be all over, and
if she would give him a glass of brandy he would
soon give her a child. She gave him a glass of
brandy, which he drank off. The head of the
child was born about daybreak on the Thursday
morning. Mr. Deane said the child had been dead
some time. He tried very hard for half an hour
to deliver the child. She had no natural pains
from the Wednesday to Thursday except what
were produced by medicine which Mr. Deane had
given her. Mrs. George was very much exhausted.
Mr. Deane came in shortly before she died and said
she was hysterical—she must not give way. She
was faint, and would soon get better. This was 20
minutes before she died.
Three medical men who made a post mortem
examination of the body of Mrs. George on Mon-
day, the 2d of Nov., stated that they found great
decomposition of the upper part of the body, es-
pecially the face. She was a well-formed, healthy
young woman. The head of the child was born as
far as the shoulders. It was a natural position. It
was delivered without the least difficulty. There
was no obstruction to the birth. From hearing the
evidence to-day they were of opinion that she died
from exhaustion of the vital powers after a long
protracted labour and the non-delivery of the child.
After the head was born the rest of the body ought
to have been delivered. Not more than 10 minutes
should have elapsed before the complete delivery
ought to have been effected. In a labour which
had been protracted for a week it was necessary to
deliver completely at once. Delay would be dan
gerous. Had the child been immediately delivered
the mother might have been saved. After labour
had completely set in a practitioner was not justi-
fied iu leaving the patient for more than an hour or
two. It would be unsafe to leave after the head was
Wm. It was a common thing after the head was
born for the labour pains to cease altogether, which
was a proof of exhaustion. This was a long, tedious,
sluggish labour. It was au unusually large child,
measuring 24 inches in length. Instrumental
delivery was always dangerous to life. If they
could not succeed in the complete delivery within
an hour they would perforate the chest of
the child. They had never heard of such as a case
as this. One of the surgeons said he should have
proceeded with fear and trembling. They would
have sought a second opinion, and if they
could not have obtained that they should have
acted at once. In such a case they would not have
left the bedside of the patient. Mr. Deane was
spoken of as a person of good professional character.
Mr. Poulden, for the prisoner, urged upon the
jury that the prisoner and his wife had acted with
great kindness and attention to Mrs. George, and
the most that could bs charged against him was
that he had erred in judgment, but he did not con-
cede even that, because the medical men who had
been called were not present at the time, and it was
impossible to know what they would have done had
they attended the poor woman. One of the sur-
geons had stated that in such a case he should have
proceeded with fear and trembling ; but they all
agreed that they had never known such a case,
therefore how could they couvic.; the prisoner of
gross rashness and negligence ?
Mr. Justice Willes, in summing up, observed
that the question was, not whether the prisoner
had been guil y of an error in judgment, because
for that no one was answerable ; but the question
was whether the prisoner had acted with such gross
rashness or neglect as to cause the death of the

woman.
The jury retired for some time, and then came
into court and said they found the prisoner Guilty
of gross neglect.
Mr. Justice Willes told the jury that was not a
verdict. The question was whether the prisoner 1,37
gross rashness or neglect had caused the death of
Mrs. George.
The jury again retired, but eventually brought
in a verdict of Guilty.
The Judge said he should take time to consider
what sentence he should pass.

NORTHERN CIRCUIT.—YORK, DEC. 8.
(Before Mr. Justine

Chas. Vim. Smith, aged 28, was indicted for
forging awl uttering, knowing it to be forged, a
promissory note for the payment of money at
Wakefield on the 24th July last.
Mr. Johnston appeared for the prosecution ; the
pr:s..,ner was undefended.

The prisoner, who appeare 1 at the bar dressed
in a blue jacket with a badge of a petty officer of the
Royal navy on the arm, went, it appeared, on the
24th July last, to the office of Mr. Wainwrigh', an
attorney, at Wakefield, of cDnsiderable txperience
in criminal offences, and complained to him that a
man named Barber had robbed him. Mr. Wain-
wright sent for Mr. M'Donald, the chief of the
P0!1k:,3, and in their presence he represented him-
al ;e.alntat
.tioa
tlie:
e; petty officer in the Royal navy, who
been discharged from H.M.S. Excel.
b y BaArberr, wathAtoinigiethae. part:culars of the robber
said
e ph,
se
tails
boizdltt
khadri rfuo iri
his
ffs
apprehension,with
and wishing
in tracing it out, and r evq: uo n
ii Pr
M'Donald said
uteletdoanasomaleveaxn.pceensoef
51. The prisoner- then
note which he said the officer of
theprimpisshoaryd
given ban rather than that he should have the

' money by him And lose it, and this note he handed to
Mr. Wainwright, and it purported to be dated—
" Portsmouth, July 13.
" Ten days after date I promise to pay to Charles Wil-
liam Smith, 25/. for value received.
" 25/. " G. H. GIBBS, Lieutenant, Royal Navy.
" Case and Londonsack, Navy Agents, 1, James-street,
Adelphi, London."
Fie also informed Mr. Wainwright that he had paid
a similar note into the Old Bank at Leeds, three
days before, for which he held their accountable
receipt, which he produced. Mr. Wainwright took
the note and sent his clerk with it to his bankers,
intending that they should take charge of it and pre-
sent it when due, but they sent him back cash for
it, and of the proceeds he handed 5/. to M`Donalcl,
2L to a constable, and 11. to the prisoner, who told
him to take charge of the rest. Meantime the pri-
soner ordered some new clothes, which were sup-
plied by Mr. Wainwright's tailor, and also ordered
a conveyance for a drive for himself and some mem-
bers of Mr. Wainwright's family, and the inquiries
as to the robbery he had suffered were being prose-
cuted with vigour, when Mr. Wainwright's banker
informed him a day or two after that this bill was
a forgery, and that there was no such person as Lieut.
Gibbs, of the Royal Navy. The prisoner was in con-
sequence apprehended, and in due time the bill de-
posited at the Leeds Bank was presented and dis-
honoured. The prisoner then asked Mr. Wainwright
to write to Sir Charles Wood at the Admiralty,
complaining that his pay was withheld, and also
drew an order on a Jew at Portsmouth, who he re-
presented was acquainted with Lieut. Gibbs, and
who would get the money for Mr. Wainwright which
he had expended. It tuned out that no such Jew
was to be found. It was also proved by Mr. Green,
a clerk in the Leeds Old Bank, that the prisoner,
when he bad presented the other promissory note
at the bank requested cash for it, which they re-
fused to give, but agreed to obtain cash for him by
presenting it when due, and gave him an account-
able receipt fur it. It was also proved by a
clerk from the Admiralty that the register of
officers of the navy had been searched, and that
there was no such person as Lieutenant Gibbs in
the Royal navy.
The prisoner cross-examined each of these wit-
nesses at enormous length as to their knowledge of
his correspondence with various parties, and espe-
cially with one Gilbert Barrington Fretwell, who
represented himself as a barrister-at-law, residing
at 3, James-street, Adelphi, who acted as his agent,
and who had got his money, but who, in fact, was
only a schoolmaster ; and called Mr. Noble, the
governor of the gaol, to corroborate his statement
as to his correspondence and money transactions.
Mr. Noble stated that he was always writing let-
ters, that he had represented Mr. Gilbert Barring-
ton Fretwell to be his uncle, and that an answer to
one of his letters to the Bank in Dublin stated that
he never had an account there, and they knew
nothing about him, and that he had made so many
false statements he could rely on nothing that he
said.

His Lordship, in summing up, directed the jury
that it was equally a forgery in point of law to
forma the name of a person whether he existed or
not, provided it were done with intent to defraud.
To establish that intent it was not necessary
that the prisoner should have obtained money on
the promissJry note • if he uttered it with the ob-
ject of obtaining credit, or of furthering his views
in carrying out any fraudulent object, that would
be an uttering with intent to defraud.

The jury found the prisoner guilty.
His Lordship sentenced bitn to 10 years' pena
servitude.

James Carter and Thomas Butterwood were in-
dicted for assaulting Joseph Gray, and stealing
from him a sum of money and a watch.
Mr. Shaw and Mr. Sykes appeared for the pro-
secution • Mr. Daarsley defended Carter, and Mr.
J. W. Blackburn defended Butterwood.

It appeared that the prosecutor, on the evening
of Oct. 23, was attacked at Sandal Magna, near
Wakefield, by two men, and was thrown down and
throttled, and while on the ground ill used and
robbed.

The jury found Carter guilty, and h 3 was sea.
teneed to five years' penal servitude.
Butterwond was acquitted.

OXFORD CIRCUIT.—.GLOUCESTER, DEC. 8.
(Before Mr. Baron Martin.)
Charles James Watson was charged with forging
wo orders for the payment of Si. and 1/. 6s. 9d.,
at Bristol, on the 18th August.
Mr. W. H. Cooke appeared for the prosecution.
The prisoner was undefended.
It appeared that on the 17th Aug. last a Mr.
Taylor, a printer at Bow, in Middlesex, obtained
two money orders—one for 51., and the other for
11. 6s. 9d. He then enclosed them in two enve-
lopes, and directedthem to "Mr. Watson, No. 9,
Russ-street, Bristol." The party for whom they
were intended, John Watson, lived at No. '9 ; but
it appeared there was another No. 9 in the same
street, where the prisoner formerly lodged. The
letters were both misdelivered at the prisoner's
former lodgings, and thus came into his hands.
When he opened his letters he said they oontained
orders for money from his friends in Loudon. He
took one of the orders to the post-office, signed
" John Watson," and thus got 1/. 6s. 9d. : and
the same day he got another man to take the other
order to the post-office, also signed "John Watson,"
and thus he obtained the whole of the money. In-
quiries were afterwards made, and the prisoner ad-
mitted that he had obtained the money, but said
lie believed it had been sent to him by his friends
in London. The letters which accompanied the
orders were not found upon the prisoner, nor were
they produced by him.
The jury found the prisoner guilty.
Mr. Baron Martin, in passing sentence, said that
in consideration of the great temptation, he would
pass upon the prisoner a lenient sentence—viz.,
that he be imprisoned with hard labour for 12
calendar months.
George Wood, aged 59, shoemaker, was charged
on the coroner's inquisition with the manslaughter
of Hannah Wood. The grand jury had thrown out
a bill for the same offence.
Mr. W. H. Cooke, who appeared for the prose-
cution, said that under the circumstances be felt it
to be his duty not to offer any evidence in this case.
Mr. Baron Martin said he quite approved of that
course. The deceased died of apoplexy, and it was
very doubtful whether the act or negligence of the
prisoner had anything to do with the death.
Mr. Cooke said the case had excited a good deal
of feeling, but he felt bound to say that there was
no probability of a conviction.
Mr. Baron Martin said, he quite concurred in
the observation, but added, that it was a very proper
case for the coroner to inquire into.
The prisoner was then discharged.
Wm. Ball, aged 25, labourer, and Richard Ball,
aged 17, labourer, were charged with stealing 151.
from the person of Charles Saunders, at Woolstau-
ton, on the 21st of Nov.
Mr. Powell appeared for the prosecution, Mr.
Sawyer defended the prisoners.
It appeared that the prosecutor was a young farni
servant, who in the:course of a 12 years' service bad
saved up the sum of 161. Bs. He was about to be
married to a young woman, and haying seen her
home safe on the night of the 21st Noy., he went
towards his home, with 151. in one pocket, and
11. Bs. in the other. On his way he entered a beer-
shop and there had some cider, and paid for it with
a sovereign. The elder prisoner, Win. Ball, was
there, and when the prosecutor observed that he
should not go home that night, but should sleep at
the Swan public-hou=e, as he had something about
him, the prisoner induced him to go to the home
of a man named Williams, and have some drink.
Aoaording to the prosecutor's statement, while lean-
ing with his left arm on the dresser in Williams's
house, he felt the younger prisoner, Richard Ball,
put his hand into his right hand pocket. He imme-
diately missed the 151., and charged the prisoner
with robbing him. This the prisoner denied, and
offered to be searched, but the offer was not ac-
cepted. In the meantime the elder prisoner struck
the younger prisoner a blow on the chest, and then
gave the prosecutor a severe blow, which caused
him to bleed profusely. The prisoner's mother
then came and took the younger prisoner away.
The prosecutor was taken care of for the night, and
next morning he caused the prisoners to be taken
into custody. Their house wassearched, but no part
of the money was found. Williams was examined,
and said he saw the prisoner's hand in the prosecu-
tor's pocket and suspected that he was about to
commit a robbery, but he said nothing about it and
went to bed.
Mr. Baron Martin said there was no case against
the elder prisoner.
Mr. Sawyer then addressed the jury for the
younger prisoner, and contended that no reliance
could be placed on the witness Williams.
Mr. Baron Martin summed up the evidence; and
The jut, y found the prisoner not guilty.
J, In Tyler, aged 20, ti,hernean, was charged with
maliciously setting fire to the dwelling-house of
Rachel Tyler, one Mary Tyler being then iii the said
dwelling-house, at Tidenham, on Aug. 19, 1857.
Mr. Sawyer appeared for the prosecution ; Mr.
Powe 1 defended the prisoner.
It appeared that the prisoner lived with his
grandmother, Rachel Tyler. He came home one
night late, and his grandmother complained, and
told him he had better go back to the place from
which be came. He went up to his bed-room, and
presently came down and went out, saying he would
burn the b-- lot of them. He immediately re-
turned to the house with two bundles of straw,
'which he took upstairs and set on lire. The pri-
soner then came downstairs and locked the dior.
The grandmother had left the house, but the pri-
Boner had a sick aunt in bed in the kitchen. She

soon found that the house was on fire, but the pri-
son,r would not allow her to open the door, and he
took a knife and threatened to kill anybody who
entered. The neighbours, however, forced the door,
and endeavoured to extinguish the fire, brit
without success, for the house was consumed. In
the course of the trial

Mr. Baron Martin asked the counsel for the pri-
soner if the facts could be altered, for, if not, he
had but one alternative.

Mr. Powell said be could not resist a conviction,
but he wished to examine some witnesses to show
that some of the prisoner's family had been insane,
and that when the prisoner had been drinking he
was in the same state.

The grandmother was examined on this point,
but she stated that her husband had a very firm
mind. The learned counsel abandoned the examin-
ation.

Mr. Baron Martin then directed the jury that if
they believed the evidence they must find the pri-
soner guilty, which they did accordingly.
His Lordship said the crime of which the pri-
soner had been convicted was a capital one, but
the statute, the 4th George IV., c. 48, authorised
him, if he thought fit, not to pass sentence, but to
order the sentence of death to be recorded. He
should adopt that course in this case, but, though
the prisoner's life would be spared, be must not
expect that his sentence would be 1e45 than penal
servitude for life.
Sentence of death recorded.

John Dean, aged 47, labourer, was charged under
the 7th and Bth of George [V., c. 29, with sending
a letter to one William Horlock, demanding money
with menaces, and without any reasonable or pro-
bable cause.

Mr. Powell appeared for the prosecution. The
prisoner was undefended.
The prosecutor, William Horlock, stated that he
was the porter of the Upton-on-Severn Workhouse,
and that in October last the following letter in the
handwriting of the prisoner was delivered to him :

"Oct. 25.
" Dear Sir,—l have been informed that you have had
dealings with my wife since we have been marreyed. I
have evident proof of the same, and in consequence I am
much injured, and if you don't leave 2/. for me at the
Publick House at Long Hope, called the Farmers Bay,
on or before the 2d of November I shall go to Mr.
Carter's and take proceedings against you, and I can
tell plenty of what you will be sorry to hear.
"Joni DEAN, May Hill.

"Address—
" Mr. William Orlick, Porter at Westbury-on-Severn

Workhouse, Gloucestershire.

"Leave it coaled and directed for me• I beg you will
keep out of my reach." _

The prosecutor stated that there was no truth what-
ever in the imputation as far as he was concerned ;
but he admitted that he had on one occasion called
at the prisoner's house, in the prisoner's absence,
and given her a shilling for some drink ; but the
woman herse'f, who was in court, denied the state-
ment of the prosecutor, and declared that the con-
tents of the letter wore true.

The prisoner, in his defence, said he believed the
charge to be true, and it had caused him a good
deal of pain, and he had prayed to God that he
might have grace to forgive the prosecutor.
Mr. Baron Martin, in summing up the evidence,
said it was immaterial whether the charge contained
in the letter was true or false ; it would be equally
the offence contemplated by the statute.
The prisoner here interrupted the learned judge
by stating that he wrote the letter in the hope of
getting evidence that the prosecutor was guilty of
the offence.

The jury found the prisoner guilty.
It was then proved that the prisoner had been
previously convicted of felony, and sentenced to six
months' imprisonment.
Mr. Baron Martin then sentenced him to be im-
prisoned, with hard labour, for 12 calendar mouths.
When the grand jury was discharged his Lord-
ship said the calendar was very light, and it was
much to the credit of the county that miring the
last four months, since tho summer ass.zes, there
had been so little crime.

The whole of the business was brought to a close
by half-past one o'clock.

NORTH WALES CIRCUIT.—CHESTER, DEC, 9.
(Before Mr. Baron Channel].)
THE BRAMHALL MURDER.
Yesterday, after the despatch of our parcel, the
following evidence was taken in the case of James
Fergivon Henderson, charged with the wilful mur-
der of his father, Mr. James Henderson, a farmer,
residing at Hardy's Farm, Bramhall.
Jane Henderson examined—l am asingle woman,
living at Bramhall, and daughterof the deceased, and
sister of the prisoner. I remember the 29th of
September. My mother, the prisoner, my brother
Thomas, and my married sister Jessie Irlam, were
all at Hardy's Farm, Bramhall. We all slept 'in
the house that night, and the servants also. Two
other servants slept in the granary.. My father
slept in the front room, and my brother James in
the other front room. I slept in a back room, and
my mother and sister in the back room opposite.
The servants slept in the attic, and also my brother
Thomas. The servants on,the night of the 29th of
September went to bed at 8, my father at 9. My
brother Thomas went to bed, and my mother and
sister and myself at 12 o'clock. As we went to bed
we passed the back door. It was locked, and a
wooden bar across it. We left my brother James
in the parlour. He was writing. About 2 o'clock
in the morning we were disturbed by a noise on the
stairs. We came out on the staircase, and next
thing I heard was my brother James opening the
door. He fired a gun and called out, " Tom,
emu) down immediately, there are robbers its
the house." James called out for a light. He
opened my bedroom door, and asked for matches
to light a candle. I lighted my candle and gave it
to him. I asked him where the robbers were, and
he said they were gone downstairs. He was then
standing ou the top of the stairs. I went into my
room and shut the door. A few minutes after-
wards the servant man came to my door and told
me to come—that my father was shot. I went to
any father's room. My brothers James and Thomas
were there. I saw my father lying on his bet on
his back, with his hands on his chest. His head
was on the pillow. Ho had been shot in the mouth.
II have
seen
nthat my
father in his sleep, and
position . My brother
have
seenfrequently h i
m in
James and Jessie Mane, my sister, came into the
room. James said his writing desk had been broken
open, and 141. 10s. taken from it. I had seen money
in his desk, but not shortly previous to that.
Cross-examined by Mr. Sergeant Parry—l have
seen money many times in my brother's desk, as
much as 141. orls/. My father's face was conside-
rably blackened on one sid e. I awoke suddenly, as if
roused up, and the first thing I heard was the sound
of footsteps. There appeared to me to be more
than one person moving rapidly, but I could not
tell whether up or down stairs. When my brother
James came to my door he was only in his night
shirt. It would be quite ten minutes, if not more,
from the time of the outcry to the time the men
called me. My father was in the habit of going to
bed early and rising early. We nearly always
when we went to bed left my brother James. He
was cashier to Messrs. Saunders and Smith, corn-
factors, Manchester, and frequently when be name
home made up his business accounts. My father
used to rise about 4 o'clock. My brother James
used to leave the house before 8 o'clock to go to
Manchester, which is about 10 miles distant. My
father was very skilful in rearing lean cattle and
fattening them. James had not such skill and
had nothing to do with the stock or management
of the farm. I know of money transactions bet ween
my father and James, and that James made several
advances of money to my father. It was known to
the fa aily that James was going to Sydney in
the spring, where I have a sister-in-law. On Monday
Sept. 28, there was a sale of cattle by auction at
the farm. A Mr. Brady was the auctioneer. There
was a great number of people, and lunch was pro-
vided. Ido not know whether any came merely as
spectators and to have a lunch. Mr brother James
is rather lame, and limps in his walk. I know my
brother's footsteps, and 1 am sure that the footsteps
I heard on the stairs were not his.
Re-examined—l heard those feotsteps about half
a minute after I awoke. I can tell my brothel's
walk by a halt, and I know that these footstep
were not his'because there was no halting. The
sound appeared to be that of muffled feet, or of
persons walking in their stockings. I never knew
of disputes between James and my father about
money transactions. They had a disput last No-
vember twelvemonth. My brothers wished to tike
the management of the money, because my father's
sight hat become dim. My father was in the habit
of going to Scotland every year. He intended to go
there the next day if ho had not been killed. It was
known in the family that my father kept hie money
in a drawer in a table in his bedroom.
By Sergeant Parry—My
father was in the habit
of going t U Scotland to buy lean cattle to fatten.
In the dispute I mentioned between my father and
James a person named Turnbull was called in.
Owing to my father's dimness of eight he had paid
away a sovereign for a shilling. I am quite sure
that the dispute occurred in November.
By Mr. Weleby—Turubull was only once called
in.

Thomas Henderson, examined by Mr. Welsby.
I'am the younger son of the deceased. I lived at
the farm, and was employed at farm work. I was
'
away from home on the night my father was killed.
I returned home at ten, and went to bed about
half-past. Bleese and the boy sleep in the same
room as I do. I was alarmed in the
night about 2
o'clock by the report of firearms, and I jumped up
out of bAI and went to the top of -the staircase.
Before I came to the top of the stairca2o I heard my

• brother James jump out of Led and run across the
room. He then opened the door and fired the second
• shot. My room is directly over my brother's. I
then ; ill:lite(' to Beiese and the boy, but it
did not awake him. I then went to Bleese and
pulled the clothes off him, which awoke him. That
was before I heard the second report. I went into
the Irish girl's room, looked out of the window,
came Lack again, and shouted to Bleese. I then
went into my room to put on my trousers. After
the second report I heard footsteps running down
or upstairs. Bleese and I then went to the top of
the staircaee. The Irish girl was behind us. I heard
Jamey call to my sister for a light, and having got
it he went into his bedroom. Before that he had
called out to me that there were robbers in the
house. My brother went into his room, and I heard
him load both barrels of his gun. Bleese, the woman,
and myself then come downstairs. I went first, and
had a thick stick. We went with James down
iuto the back kitchen. James had the gun with
him. There was no other gun in the house, and it
was sometimes kept in the sitting room, ray brother's
room, and the kitchen. It belonged to my father. We
found the kitchen door open, and the bar was half
reared up against the wall. 'We thenkwoke the Irish-
men. We then went into the sitting room, and saw
my brother's writing desk with the hasp lying down
among the papers. James said there had been 14.1,.
10s. taken from it. We then went down into the
cellar, and observed that the ala cask had been run-
ning a little. There was wet below it. After that
we went to my father's bedroom, not ten minutes
after we were first roused. We found him lying
dead. We then came out of the room, and James
handed me his gun. My father's door was not shut
and was not latched ;it was just half closed. I
am quite 'sure of that. We then went to my
sister 'a bedroom to tell htr what had happened,
and we all went back into the room. I examined
my father's desk, where he kept his money, to see
if it had been broken open. I lifted up my father's
hand and it fell down again. After coming out of
the room the second time James gave me his gun.
We went down stairs, but I don't recollect that '
James told me to fire it. I think he told me that I
was to fire it out at the kitchen door, but I could
not be sure. I went outside and fired it in the air
over the pigcots. We then all agreed that Dillon
and I should go and•fetch the police. That was '
about a quarter of an hour after firing the gun. In
that time we dressed ourselves. I also went into •
the sittingroom, when I saw that all the things
were out of the desk. I then went to my brother's
room, where my trunk was, and put on my Sunday
clothes. I remember a sparrow being killed on the
Tuesday meriting. There is a pear tree on the grass
plot, on the eastern side of the house. Thera was
a ladder at the tree. I was present at the sale
of cattle on the Mondtay. The amount of it was
about 218/., which sum was taken home by the
auctioneer. My father told him that he had better
take it home, as there had been several robberies at
farmhouses where the sales had been, and that he
and I would fetch it on Tuesday.
Cross-examined by Mr. Sergeant Parry—The
conversation about the robberies took place at tea,
and it was in consequence of what was said that my
father refused to take the money from the auc-
tioneer. Mr. Irlam was present, and in conse-
quence of what had been said slept in the house on
Monday nigh.. It was after the first shot that
I heard James jump out of bed and run across the
room. The first shot did not appear to me so loud
as the second, but I could not tell. It was as I
jumped out of my bed that I heard my brother
James jump out of his. After the second shot I
heard the footsteps on the stairs of more than ono
person. My brother limps in his walk. The steps
I heard were quick, as of persons running. I can
undertake to swear that those were not the steps of
my brother. We knew it was James's intention to
go to Sydney. I know of James being security for
my father to the amount of 1,000/. My father was
surety for him for 150/. I think James made money
by other means than being a clerk. The 150/. my
father was security for was for speculations ; my
father got up early.in the morning, and James and
he seldom met in the morning. James sat next to
his father on a Sunday, and 'used to help him to
his dinner. The kitchen door is easily opened from
the inside. Smetton was the first constable who
came, about an hour and a half before any one else.
He had been employed to watch the farmhouse.
Mr. Andrews came after something. Persons could
easily get away from the house into the high road.
The door of my father's room was half-open.
Malockuay, who was with us when we went to the
room, was following behind. When I came home
at 11 there was no light in the back kitchen.
Re-examined—l know that the footsteps on the
stairs were not those of my brother, because there
was no halt in them. There was a Scotch sheep
dog in the house. It was up in my room. The door
of my room was open. The dog made no alarm. He
is not a house clog at all.
By Mr. Sergeant Parry—He is a Scotch collie.
He thinks more of sleep than anything else. I
never heard him bark in the house.
John Bleeso examined—l was a farm servant of
the deceased. I slept in the attic with the boy
Wood, in the same room as Thomas Henderson.
_ _

We went to bed on the 29th about eight o'clock,
and at two on the following morning I was awak,
cued by two reports of firearms. There was about
half a minute elapsed b3tween the two discharges.
I got up after the second report. Thomas shouted
to me to get up. After the second report I heard
nothing ou the stairs. I dressed and went down
stairs. I heard James say there were robbers in the
house. Thomas went down stairs first. I had
struck a light. When I went down I saw
James at his bedroom door with a gun and a candle.
A few minutes passed between the last report and
the time I saw James at the door. The candle that
James had gave a good light, and appeared to have
been lit long. James was in his night-dress. I then
went down-stairs with James and Thomas. We
went into the kitchen. Jams had a gun. I saw
that the kitchen door was open. James went into
the kitchen, and called the Irishmen. When they
came in we searched the cellar, but saw nothing
p articular in it. We went up-stairs. James or
Thomas was first. We went into the old man's bed-
room. The door was shut and latched. One of the
sons raised the latch, but I do not know who went
in first. I saw the old man in bed. Nobody touched
him. The nearestthat anyone went was a few yards
from the body. No examination was made in the
room. We then went down-stairs.
Cross-examined by Mr. Sergeant Parry—Perhaps
I was the third who went into the room. lam not
sure. I was as wide awake then as lam now. I
had only been engaged at the place two days. I had
been at Manchester that day, and had three glasses
of ale. I know Adshead's at Cheadle, but did not
go there drunk.

John Dillon, one of the farm labourers who slept
in the house at the time of the murder, was next
examined, and deposed to the circumstances in
connection uith the disturbance caused by the report
of firearms.

George Oswald Andrews, superintendent of po-
lice for the Stockport division, detailed a conversa-
tion be had with the prisoner about the murder on
arriving at the house, in which he described hoe/
he was arou,ed, hearing footsteps, opening his bed-
room door, and firing at the outline of a man upon
the wall, and seeing a light extinguished in his
father's room. Upon the bed on which the deceased
lay witness found about a dozen pieces of paper
blackened and singed. Upon the stairs beneath the
spot which the prisoner had struck when he said he
fired, he found another piece of paper blackened and
singed. In prisoner's bedroom witness found two
pieces of paper not Pinged or dirty, two spent caps,
and some shots, and in the orchard beneath the pear-
tree where the sparrow was shot, he found another
piece of paper, dirty and slightly burnt. All these
bits of paper witness produced. Iu the prisoner's
bedroom witness also found about 70 numbers of a
serial entitled " The Cottage Girl,. or the Marriage
Day." Witness also produced the nits of wood with
which the latch of the granary door had been fas-
tened. The apprehension of the prisoner on his
return from Manchester, his apparent unconcern,
absence of surprise when he told his mother that
he was charged with the crime, and his sitting down
with them to tea, were then described. In the
drawer of the table in deceased's room witness
found a banker's order for 1001., a banker's receipt
for 75/ , and about 5/. 63. in money.
Joseph Little, deputy chief constable of Cheshire,
police-constable Benjamin Cooper, and police-con-
s tat,le Thomas Hammond corroborated the evidence
of the previous witness. No marks of blood were
found on the stairs where the prisoner said he had
shot the supposed robber, nor were footpt juts dis-
covered near the house.

This morning hislordship took his seat at 9 o'clock.
The first witness called wa.,
Police constable Henry Stneaton, of the Stock-
port division of police, whose evidence only went to
corroborate th,tt of the police given yesterday.
Capt. Smith, chief comtabb-t of Cheshire, was
examined, but no new fact elici•ed.
George Young Graham, surgeon, Stockport, was
next examined—Witness made an examination of

the body of the deceased. The face was intensely
blackened, mote particularly the left cheek. There
was a large quantity of blood on the bed (111'14 and

floor, which had flowed from the wound. The left

- - -
eye-lid was a little open, the right eye-lid was
closed. A great portion of the upper lip was de-
stroyed, and the whole of the hard and soft palate
with the upper teeth, had been blown away. The
boues in the left cheek were shattered. A portion of
the base of the skull had been driven into the brain.
On examining the brain he found a lacerated
wound, corresponding with the wound in the face.
Witness extracted eight pellets from the brain at
the base of the skull. The mouth and back part of

the throat of deceased were torn by shot. The two
teeth produced by witness he extracted from the
back part of the throat. The body of the deceased
was iu every other respect healthy. The person who
shot the deceased must have been within 12 inches
of him.

Gao. Downs and John Geo. Graham, surgeons,
Stockport, gave corroborative testimony, and the
latter of those witnesses deposed that he had made
a chemical examination of a portion of the pieces of
paper found on deceased's bet, and also that found
on the stairs ; both examinations resulted in a dis-
covery that they had been fired from some weapon.
Thos. Stensby, gunmaker, Manchester, deposed
to selling the prisoner a pistol, some powder, and a
quantity of shot, about a week before the deceased's
death.

Cross-examined—The shots witness sold prisoner
were considerably larger than those now produced,
which were found in the prisoner's bedroom.
By the Judge—The barrel of the pistol would
have held about the quantity of shot found in the
head of deceased, if sufficient wadding hid been
put in.

- Richard Beard, letterpress-printer, deposed that
he was a foreman in the employ of Mr. Evans in
1853. In that year he assisted in printing a serial
entitled " The Cottage Girl ; or, the Marriage
Day." The pieces of paper produced (marked C)
form portions of No. 77 of that serial. (The pieces
produced were found on the bed of the deceitsed.)
Cross-examined—Witness worked off 6,500 of
No. 77 of the serial referred to. Of his own know-
ledge he knew nothing of a piece of paper produced
marked A. (This was No. 77 of the serial.)
Mr. Sergeant Parry objected to witness being al-
lowed to compare the fragments of paper produced
with the serial number shown him.
The number of the serial was then taken from
witness, and he swore positively that he could tell
from the type (which was long primer) cn the frag-
ments produced, which were taken from the de-
ceased's bedroom, that it was printed from Mr.
Evans's type, and wai part of a particular publica-
tion entitled " The Cottage Girl ; or, The Mar-
riage Day."

Mr. Sergeant Parry here claimed the right to
cross-examine the witness on this point, which was
allowed. ,
Cross-examined—Had never read the whole of
what had been issued of " The Cottage Girl." Had
read parts, but not the whole, of several numbers.
Knew the matter on the fragments of paper pro-
duced had been printed front type belonging to Mr.
Evans, because it was old. Could not swear to
every bit of printing that went out of Mr. Evans's
office.

Ite-examined—Was positive the fragments pro-
duced, found in deceased's room and under the
pear-tree in the garden, were portions of "The
Cottage Girl, or The Marriage Day," serial ; and it
must have been printed by Mr. Evans, because no
one else published the story. Upon the corners of
one of the pieces produced witness saw the figures
1,185, upon another 1,200, another had 1,198, and
another 119, which must have been 1,197. The
fragments "D " (found on the stairs) formed the
first part of the fragments marked "A" (found in
the prisoner's bedroom).
Mr. Bernard Finnigan deposed that on examin-
ing the writing-desk produced, he believed the hasp
must have been forced off when the desk was
unlocked.

Mr. Walker, steam-packet agent, Manchester,
deposed that he had known the deceased for
several years. In the month of March last witness
remembered prisoner coming into his office and
saying to• him, " That old villain has been
abusing us all ; he is quite mad and de, auged, and
we must try to gat him into a madhouse. He is
not capable of conducting his own farm, and they
intended taking it out of his hands." He then
handed witness a lease, and desired him to keep it
for him until he wanted it. Witness refused to
keep the lease unless it was sealed up, which the
prisoner did. Witness told the prisoner it was ne
use sending him to an asylum, as the surgeons
would soon find that out. A short time after-
wards—a few weeks—the prisoner called again ;he
then said, "I have had to tie the old villain hand
and foot, and I have given him something which
he will not soon forget." The following day wit-
ness went to Bramball, and saw the deceased ; his
eyes were very much swollen, his arms abrased,
and his legs in the same condition. Witness on
returning to Manchester, received a note from the
prisoner, desiring to meet him at his married
sister's, Mrs. Froom's. Upon meeting him the
prisoner said, " I want to show you what that old
villain owes me ;" he then showed me several sums
of money entered. in a book, which purported to be
owing the prisoner by his father. Witness advised
the prisoner not to return home, but to lodge in
town ; and the prisoner replied it was his father
who caused all the mischief. On the day of the
murder prisoner and a man named Matthewson,
called at witness's offitlo twice ; upon the second
occasion witness was in. The conversation which
ensued witness then detailed.

[The examination of witnesses was still proceed-
ing when our parcel was despatched.]

NAVAL AND MILITARY INTELLIGENCE.

The 99th Regiment of Foot arrived at Liverpool
from Dublin yesterday morning in the steamers
Trafalgar and Prince,, and proceeded to the camp
at Aldershot.

With the view of affording the officers and troops
stationed at Chatham garrison every facility for
acquiring a knowledge of the use of the Enfield
rifle previously to their embarkation for India, the
authorities have directed a public lecture to be
given to the officers and troops by one of the in-
structors of musketry every Wednesday evening in
the Garrison Chapel Schoolroom, the first of the
series being given last night. All the officers at-
tached to the Indian depots quartered at Chatham
have received directions to attend the lectures,
together with the non-commissioned officers and
men of their respective corps.
The 94th Regiment, under command of Colonel
Mills, embarked on Tuesday at Plymouth on toard
the steam-ship Abeona, belonging to the Penin-
sula. and Oriental Company, for conveyance to.
Alexandria for the East Indies; she was appointed
to sail yesterday. This is the third time of embarka-
tion ; they left Cork on Monday, the sth October,
in the steamship Austria, which was disabled and
put back to Plymouth, where they embarked in
her a second time on the 14th November.

The following movernews will take place to-day
and to-morrow in Scotland :—The Ist Battalion
Rifle Brigade proceeds from Edinburgh Castle to
Glasgow ; the Ist Staffordshire Militia, at Perth,
will move to Edinburgh, and will be succeeded at
Perth by the depot battalion (composed of the
depots of two regiments) now in Glasgow.
At the official sitting of the Board of Admiralty
on Tuesd ,y the appointment of Admiral Sir
Charles Ogle to be Admiral of the Fleet was defini-
tively settled, and the pay voted. Capt. Gordon,
late of the Victory, will succeed Captain Ramsay,
as superintendent of steam-packets at the South-
ampton station, on tiro promotion of the latter
officer to flag rank by the creation of the Admiral
of the Fleet.
The Juno, 26, Captain Fremantle,. was paid off
yesterday alongside the dockyard jetty, Per ternouth,
of the senior officer of the ordinary, Captain Eyres,
C. B. Not a man went to the pay table otherw.se
than in a sober, orderly manner. Lieutenant Brad-
shaw, the second lieutenant, having bee appointed
first lieutenant of the Calypso, 20, at Chatham,
upwards of 60 of the expnienced seamen of the Juno
have volunteered to follow him, The paid off men
bo'onging to the eastern ports took passage in the
Pigmy steam vess?l, which conveyed also super-
numeraries from the Excellent and Victory for the
ships fitting out at those ports.
The Cuckoo steamer has been floated down from
her former position at the gun-wharf, Chathatn,
and is now mcored alongside the Arctic ship Reso-
lute, preparatory to being taken into dock. Yes-
terday the fires wore lighted in the furnaces for the
purpose of ascertaining what injuries had been done
to her machinery, when it was found that, owing
to the long time it had been under water and the
great quantity of mud, itiwill be necessary t 3 take
it to pieces for the purpose of being thoroughly
repaired and cleaned. The hull of the steamer has
not received any very serious injury.
The following appointments were made yeaterd:,y
at the Admiralty :
. .

Lieut. Augustus F. Pyne, to the Renown ; Lieut.
C. D. Lucus, to the Edinburgh; C. G. Stanley,
mate, to the Curacoa ; H. W. Skene, midshipman,
from the Centurion to the Victory ; A. H. Blair,
midshipman, to the Curacoa ; W. M. Bridger, mid-
shipman, to the Viper ; G. S. Brown, midshipman,
to the Ardent; S. Pulley, midshipman, to the
Cambrian ; H. A. Monteith and A. W. S. Lyon,
midshipmen, to the Calypso ; W. Copland, mid-
shipman, to the Ale►t ; G. H. Steel, naval cadet,
to the Curacoa ; J. O'B. SceAles, naval cadet, to
the Renown.

MILITIA.
_ .26 . officers and 800 men of the Northamptonshire
.
are appoiutcd to arriv© at Plymouth this
morning.
The Kerry Militia, from Tralee barracks, are
expected shortly at Plymouth on the way to Exeter
and Taunton.
The 4th Middlesex Militia sailed from Liverpool
for Dublin, .on,the way, to Galway, yesterday even-
ing in the steamers Trafalgar and Prince.