The Sun.
London, England, 1868-02-06 00:00:00

THE MURDER IN BIRMINGHAM.

The mystery which for a fortnight has surrounded the
leath of Miss Mary Milbourne, in Heneage-street, Bir-
mingham, seems at length to be in a fair way to be cleared
np. As frequently happens where such a crime is com-
mitted by a number of persons acting in concert, one of
;he parties, either from remorse or hope of reward, has
?roved a traitor to his companions, and thus placed the
t)olice in possession of information which has led to the
apprehension of five people. The first arrest which was made
vas that of Thomas Beasley, who is a costermonger, and
ormerly lodged in Park-street, Birmingham. He was
arrested in Bristol by Detective Mountford, of the
Birmingham force. As soon as he was safely lodged
in prison, information was sent to Birmingham, and
Detectives Manton, Flavell, Clarke, Jenna, and Cooper,
with Police-constable Roscce, went shortly before two
,'clock on Tuesday morning to 4 court, 11 house, Lawley-
street, where they apprehemle-1 a brother of the other
prisoner, named Joseph Beasley, who is 21 years of age,
cripple, and by trade a shoemaker. After this arrest
the party of officers separated, and a portion of them
went to Allison-street, and in the house 79 they arrested
a hawker named Charles Grayson, 33 years of age, and
his wife, Elizabeth Grayson, 28 years of age. The other
officers went to 17, Park-street, where they apprehended
William Beasley, 27 years of age, costermonger, who is
a brother of the other prisoners bearing that name. The
prisoners who were apprehended in Birmingham were
taken to the lock-up in Moor-street. At the time of their
arrest they were all in bed.
Joseph and William Beasley and the two Graysons were
orought before Mr. T. C. S. Kynnersley, at the Public
Office.

Mr. Glossop said the prisoners were charged with being
in company with others, and murdering Miss Milbourne,
in her own house, in Heneage-street, on the 21st of January.
He applied for a remand for a week.
The prisoners were then remanded until next Tuesday.

The cause of these arrests is the statement of an in-
former in the confidence of the prisoners. This statement
has been tested, and collateral circumstances substantiate
important parts of it, so that the arrests have not been
made on frivolous grounds. The statement referred to is
somewhat to the following effect. It will be remembered
that a short time before her death deceased broke her leg.
Whilst the deceased was thus partly incapacitated from
helping herself, Mrs. Beasley, a cousin of the deceased'
and stepmother of the three men in custody ; was
xccustomed to go herself or send one of her children
daily to do " odd jobs " for deceased. During these
visits Mrs. Beasley heard the story from dec eased of her
having several hundred pounds in the house at the
time of her brother's death. The story was related by
Mrs. Beasley at her own house, and thus came to the
knowledge of her stepsons—the three prisoners. The
cupidity of:the cripple, Joseph Beasley, was first excited,
and it is said that he formed the plan—in which the other
prisoners afterwards joined—of breaking into deceased's
house during her absence, and possessing themselves of the
large sum of money which they fondly believed to be still
in the house. On the 21st of last month the project was
put into execution. The thieves visited deceased's house
when she was away from home, and had partly accom-
plished their work of searching the house when they were
interrupted by deceased's return. She came into the
house, and was about to raise an alarm, when Thomas
Beasley—the man who was captured at Bristol—seized her
by the throat to prevent her. The result we know. In
the words of the informer, " she went off in a minute,"
which is accounted for in the evidence of Mr. Oliver
Pemberton at the inquest, where he says that the ring-
shaped or cricoid cartilage of a person of the age of deceased
would he very brittle. This cartilage broke under the first
pressure applied, and suffocation then was a very easy
matter. The informer states that there was no intention
of murdering deceased ; the plan was simply to possess
themselves of the money.

THE ATTEMPTED MURDER IN
CLERKENWELL.

At the Clerkenwell Police-court, on Wednesday after-
noon, James Needell, aged 34, described as a solicitor's
clerk, and residing at 13, New-street-square, was charged
before Mr. Cooke, by Thomas Ambrose Potter, inspector
of the C Division, with discharging a loaded revolver at
Thomas Chatterton, with intent to kill him, at Compton-
street, Clerkenwell. The prisoner is a well-dressed,
quiet looking man, and the man whom he shot is a
philosophical instrument maker, working for Mr. James
Joseph Hicks, of Hatton-garden.
Mr. Ricketts, solicitor, of Frederick-street, Gray's-inn-
road, defended the prisoner. _ _

Inspector Potter said : The wounded man is unable to
attend, but there is a surgeon in attendance from St. Bar-
tholomew's Hospital, who will state the nature of the

injuries.
Henry Barker said : I reside at 72, Lever-street, St.
Luke's, and am a journeyman bookbinder. Ido not know
the prisoner. At five minutes after nine o'clock this
morning I was in Compton-street, and saw the prisoner
fire a pistol and shoot a man who was just in front of him
and near a confectioner's shop. I saw the young man
place his hand to the right side of his neck and attempt to
run away. The prisoner followed him and fired again,
and when the young man ran up Northampton-street he
was followed by the prisoner, who continued shooting at
him. The injured man appeared to have been hit by the
first shot, but not by the others. About four shots were
fired at him. A young man then ran across the road and
captured the prisoner, threw him down, and, with assist-
ance, a revolver was taken from him, and he was
conveyed to the police-station. The man who was shot
ran to the top of the street, and there a gentleman put
him into a cab.
Cross-examined by Mr. Ricketts : I cannot say whether
he fired four or five times. At the time he fired he was
not two yards from him—that was when he hit him ; he
also fired the other shots towards the man, but without
any particular aim. He appeared wild and excited at the
time in his manner, but said nothing.
Alfred Whitcomb, a milkman, living at 47, Ludgate-
bill, corroborated the evidence of the previous witness, as
did also Robert Banks, a gas-meter prover, both of whom
assisted in arresting the prisoner, and taking the revolver
from him. James Raby, a boy 14 years of age, said the
man was lighting his pipe when shot by the prisoner.
Mr. James Horsfall said : I am a surgeon at St. Par-
tholomew's Hospital. The man was brought to the hos-
pital about a quarter-past nine this morning. I examined
him, and he stated that he had been fired at while he was
looking into a shop window. I found a wound on the neck
on the right side ; it was a small wound, but the bullet has
not yet been discovered, and it is supposed to be still in
the neck. He had no other wounds. He is in a critical
state. There appeared to be some slight hmmorrhage
before he entered the hospital, but not after he was ad-
mitted. He said he had never seen the man who shot him
before.
_ .

William Knight, 214 G, said he met the prisoner in
Skinner-street, when he was being conveyed to the station
by the witnesses. the took charge of him, and when he
was searched at the station thirty-seven bullets were found
upon him, and numerous other things, including a watch
and gold chain, some money and letters, and two pocket-
books. (The letters were not read, neither were the pocket-
books looked into.)

Mr. Cooke : Whnt is the prisoner?
Mr. Ricketts: He is an attorney's clerks, and is known
in the profession as " Mad Needles."
Inspector Potter said : I went to the prisoner when he
was in the cell at Clerkenwell Police-station. He
recognised me, and said " Good morning, sir." I knew
him at once, and said, " How are you ?" To which he
replied, " I am much better now, sir; have you seen the
revolver ?" On my saying, "Do you mean the one in the
station ?" he said " Yes." Tie further said, in answer to
me, that he bought the pistol in London-wall, at the first
shop on the right side, about last December, and gave £2
for it. He said, " This is one of the men who has been
hunting me so long." I said, "Very well ; perhaps you had
better not say any more to me. I will make inquiries." I
then went to 51, London-wall, and found his statement
correct. I remember the prisoner calling upon me last
summer at the Clerkenwell Police-station. I was in
uniform at the time, and he said, "Mr. Inspector, do you
know that there are eight men following me ?" I said,
"Where do they follow you from ?" and he replied, "From
the City." I then asked him what he was, and he told
me that he was a solicitor's clerk, and that he did not
think it was all right there for the men to follow him. On
asking him where the men were, he replied, " At the corner
of Ampton-place." I then told him I would go and see,
and went out with him. I saw that there were no men
and told him so, when he observed. " But there must be
something wrong about this, or eight men would not follow
me aho it so." I told him I thought nut, and they were
not to he seen, upon which he said, " Oh, it is the sight
of von that ha.s done it all and settled the question." I
asked him for his address, and he gave it me. I also asked
for a description of the men, and he said one was 61 feet
high, and all the others were small men. I told him to go
home, and if he saw any snore of them to come to me
again. He came the next morning and thanked me, and
said they had not thought proper to follow him after his
coming to me.
Cross-examined by Mr. Ricketts : When he said the
eight men were following him I thought he had been
drinking ; but when he came the next morning I did not
think so, as his manner was then quite as unsettled as it
was the night before. I also met him once in Farringdon-
road, when he told me that he was better. -When I read
the charge over to him he stied, " I did rot jerend to kill
him." His manlier was wild and excite d. I leave heard
that he was known in the profession as " Mad Needles."
Thomas Hawke, gunsin:th, of 51, London-wall, proved
that the pistol was sold to the prisoner in November
last for £3. There appeared nothing strange in his
manner at that time, and he had seen him concerning
the purchase of a revolver on two or three previous
()Crag:ens.
1 ciet ts
prisoner'su rge cl h the
state
o f magistratenii
mind
ao obryd esroamnee intoxmaemdiincaal-
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itie
man, when he had no doubt that in five minutes he would
be of the same opinion as he (Mr. Ricketts) was.
Mr. Cooke : I shall remand the prisoner for a week to
the House of Detention, and he had better be taken
there at once, and not placed in a cell.
The prisoner was then removed.
In reply to later inquiries made at St. Bartholomew's
Hospital, it was stated that the wounded man Chatterton
was progressing most favourably, and that no doubts Were
entertained as to his recovery.

TIM SUPREME COURT QUORUM BILL.

--.4—__
The full reports of the Acts introduced into
Congress in antagonism to the PRESIDENT
show that a grave crisis has arrived in the
United States. Congress first met breathing hosti-

lity to ANDREW JOHNSON. The President of the
Senate and the Speaker of the House counted the
days till the Legislature would assemble, and effec-
tually check the career of the occupant of the White
House. So able and determined was the Message of
the PRESIDENT, so complete the collapse of impeach-
ment, that men hoped the more violent Radical leaders
had but indulged in empty threats. The meeting
of Congress after the recess, when business really
began, has effectually dispelled this delusion. The
sudden rise in the price of gold, which appeared so
unaccountable in Europe, is explained by the open
and unrestrained attacks by the Legislature on the
Chief of the Executive. On the 13th January the
house passed a bill providing that six Judges must
be present to form a quorum of the Supreme Court,
and that the concurrence of two-thirds of the
members of the whole Court shall be necessary to
decide a case against the validity of a ltw of Con-
gress. "The Supreme Court Quorum Bill" was
passed by a strict vote of 116 to 39. Debate was
cut off, the rules of the House suspended, and a
resolution adopted that no motion to adjourn should
be entertained. The reason of the haste in thus
dealing with one of the gravest measures that ever
came before Congress, was the fear of a decision by
the Supreme Court against the constitutionality of
the Reconstruction Acts on a case now pending.
The Supreme Court at present consists of but eight
Judges, as the vacancy caused by the death of Jus-
tice WAYNE has, by the decree of Congress, not
been filled. or these, five were appointed by Pre-
sident LINCOLN, and three by Presidents of the
Democratic party. It is said to be well known that
five of these Justices hold the Reconstruction Act
to be unconstitutional. The case on which an early

decision is looked for is that of Mr. MCARDLE,
editor of the Vicksburgh Times. General ORD ar-
rested him on charges of publishing libels on officers
of the Freedmen's Bureau, of inciting to a breach of
the public peace, and of writing with the intention of
intimidating loyal voters to the hindrance of Recon-
struction in Mississippi. He was brought for trial
before a military commission, but on a writ of Habeas
Corpus,!he was produced in the United States District
Court; and, after hearing argument, Judge HlLLre-
manded him to the custody of the District Comman-
der's Deputy, Gen. GILLEM. It is on appeal from
this decision that the Supreme Court will have to pro-
nounce, and on that judgment must hinge the con-
stitutionality of the Reconstruction laws upon which
General ORD acted. The case was brought before
the Supreme Court on the 17th ult., when Senator
TRUMBULL, of Illinois, appeared as counsel fur the
Government, Gen. STANBERRY declining, as he had
already decided against the acts. The New York World
contends, that the Supreme Court Quorum Bill, if
passed, will act prejudicially against justice. In
controversies between individuals about property,
the validity of Acts of Congress must nearly always
come before the Court; and the effect of the measure
would be, that the votes of six Judges would be ne-
cessary to set a law aside, while three could maintain
itsvalidity; therefore the party whose rights are created
by the disputed law will have an advantage over him
whose rights are infringed by it. Thus the scales of
justice would not be equally balanced, and the
suitors before the Supreme Court, the highest tribu-
nal in the United States, would stand on an unequal.
footing. Under all the circumstances, the New
York _Nation disapproves this measure. Although a
powerful advocate of the Congressional plan of Re-
construction, it writes as follows : —" Another great
objection is, that it is an attempt by a party vote—
the party being one which has just been defeated in
an appeal to the country—and at a time of great
excitement, and for a temporary purpose, and with
the view of affecting a particular decision, to
change the constitution of the highest judicial tri-
bunal iu the country." At the same time, it con-
siders that had the measure been brought forward
by competent men, in quiet times, and after
mature deliberation, it might not have had a
word to say against it. The danger of such
trifling with the constitutional bulwark
yiseeattr na
that
hattayit
annihilates the bulwark as a barrier. The conve-
niencea
party in
of the
power. momentTh e necessitatesconvenience
ofa ncelixatng
necessitate another change for the party then in
power; and if the great check, the final appeal of
Americans, is to be doctored so as to suit the chang-
ing views of party, its functions are at once de-
stroyed, and, like the highest courts of England in
her darkest days of despotism, it will become a
mere instrument of tyranny. Some may urge
the over-ruling necessity and the excellence of the
objects for which Congress strives. But such are
always the pleas of those who infringe constitu-
tutional rights, and would as readily be used by a
party openly legislating to centre the whole power
of the Union in its hands. The Nation contends
(and in our opinion justly)—" That any inter-
ference of the Supreme Court with the process of
reconstruction, as Congress is carrying it on, would
be legislation, and legislation of the highest order,
no
matterby what name it was called. Clothing
it in the form of a judicial decision would not alter
its character. It would be in reality the assumption
by the Court—nay, by five members of the Court
acting under no responsibility to the country—of
power to decide on what terms and conditions
peace should be made between the parties to one of
the bloodiest and most extensive wars on record.
Nothing could make an act of this sort anything
but a political act. There would not be enough
law in it to give it even the faintest odour of a judi-
cial decision. It would be absurd to suppose that
anybody would be imposed upon by its being
called a ' judgment,' and by the production of a
plaintiff
no t ah
inod
gdefendantcan
b e to
more
certainsupport t
h iato.
that
More-
overthe
founders of the Government never dreamed of
the Court playing any such part. They acknow-
ledged that for such a convulsion as we have just
passed through, for an armed attempt on the part
of a great combination of States to overthrow the
Government, they could neither make provision nor
offer counsel. We may be sure that, if they allowed
themselves at all to foreshadow the course or con-
sequences of such a conflict, they never contem-
plated the possibility of the Supreme Court framing
the treaty of peace ; for this is what the interference
of the Court in this matter of reconstruction really
would mean. It has already held the war with the
rebels to be a regular territorial war, attended with
all the incidents of a conflict with an alien enemy.
If, after this, it were to step in and say what Con-
gress might not do, by way of restoring peace and
order, it would be tantamount to the drafting of a
treaty of peace—an act in all respects political, and
in no way judicial." But this journals adds, that it
hopes and believes that the Supreme Court'would not
interfere, and if so the action of the House is uncalled
for. We the more readily introduce the words of
the Nation, as they contain an admission on a point
at present much discussed in England though be-
side our subject. We allude to the letters of His-
toricus on the premature recognition of the South
by England, as belligerents, and Mr. SEWARD'S
assertion that the war was but a domestic trouble.
The effect of the passage through the House of this
act may be judged by the rise in the price of gold,
which went up 8 per cent. in a week. It is the
boldest step yet taken, and Congress has to learn
how it will be received by the country. If the Se-
nate adopts the measure, the PRESIDENT'S veto will
in all probability be over-ruled by the two-thirds
majority, and ,IIr.JOIINSON'S course perhaps decided
by the public feeling. The character of ANDREW
JOHNSON is rising into an importance even greater
than that of any man of our age. lie is placed in
a position of fearful difficulty, for perhaps on him
will hinge the question of another civil war in the
United States. He has distinctly signified in his
Message how he intended to act under certain cir-
cumstances. Those circumstances are now occur-
ring ; and there can be no doubt that Congress has
deliberately accepted the challenge, and intends to
crush all opposition to its policy of Reconstruc-
tion. It is clear from the tone of the Press that the
determination characterizing the PnEsiDENT,toget her
with the ability of his Messages, have raised him in
the estimation of his countrymen, and it is generally
thought that he is supported by the majority of the