The Sun.
London, England, 1850-10-24 00:00:00

BURGLARY AND

OUTRAGE AT BIRMINGIIAII.
BIRMINGUAINI, OCT. 23.—This case, the hearing of
which has been from time to time adjourned, in con-
sequence of the precarious state of Mr. Marston, the
gentleman attacked, has occupied the attention of the
magistrates at the public office for a considerable por-
tion of this day. The residence of Mr. Marston—the
scene of the outrage—is situated in Great Hampton-
street, one of the principal thoroughfares of Birming-
ham, and the main outlet from the centre of the town
to the districts of South Staffordshire. It is a large
double-fronted house immediately contiguous to Li-
very-street and Constitution-hill, and adjoining the
residence of Mr. Hollins, the sculptor.
The magistrates on the bench to-day were Dr.
Mehon and Mr. Charles Shaw, and from the notoriety
of the case the court was den,ely crowded thr,:ughout
the investigation. Mr. Marston, on entering, ac-
companied by two members of his family, was, in con-
sequence of weakness, accommodated during the in-
quiry with a seat at the attorneys' table.
Five prisoners were placed at the bar charged with
being implicated in the burglary, and the deadly
assault by which it was followed. Their names are
Christopher Healey, Joseph Marshall, William \Val-
lace, E!ij th Wareham, and John Smith. No evidence
was adluced against the last-named three prisoners,
and they were discharged. Healey, by trade a work-
ing jeweller, is a nephew of Mr. Marston, the prose-
cutor. The trade of Marshall is unknown, but he

has some reputation as one of what is vulgarly termed Re-examined by Mr. Tyndal—When the hat was
the " light weights" of the prize ring. They are brought back from Adams, did you observe anything
both known to the police 53 thieves. particular about it ? Witness—Yes, there was en
Mr. Tyndal, jun., solicitor, appeared for the prose- old lining in it instead of a new one. I lifted up the
cution • and Mr. T. Harding for the two prisoners, leather and saw the names of "Dowries" on the in-
Mr:Marston, being sworn, deposed as follows : side of the lining. That name was on the lining
lam a gold beater, living in Great Hampton-street, when I gave the hat back to the prisoner.
in this town. My counting house and warehouse By Mr. Harding—l removed the lining for the
communicate with my house by a doorway. The purpose of seeing that it was properly done.
counting-house door opens on to the staircase, oppo- Mr. Harding—Now, upon examining the lining,
site my bedroom door. During the night I always tell me if N•ou can find the name of "Downes" upon
leave my counting-house and bedroom doors open, it now ? Witness—No; upon further examination I
and between the two doors a gaslight burns the whole find it is the name of "Bowen." To the best of my
night. There is a closet in my counting-house, and belief the hat I gave to Adams to be cleaned and
at the top of it a trapdoor, which is always kept afterwards returned to Healey had on the inside of
nailed up. That trapdoor leads through the the linirg the name of " Downes."
ceiling to the roof of the buildieg. On Seturday, Mr. Tyndal said this was the only evidence that he
the sth instant, I remetabar going through was prepared to bring forward at present. There
the counting-house into the warehouse rifer the lives other evidence which could be produced on a
men had left work. On my return I bolted futura occasion, but possibly the magistrates might
and barred the door communicating between the consider that there was sufficient to justify them in
counting-house and the warehouse. Everthing Was committing the prisoners for trial.
then safe, and the ceiling of the warehouse unbroken. Mr. Harding contended that the evidence was ex-
My bedroom window overlooks the roof of the ware- tremely slight egainst both prisoners. There was
house, and I can see it as I lie in lied. If there had none against Marshsll except that of Mr. ,iarston
been any hole in it on the Sunday I should have been himself; and that affecting Healey was so isconclu-
certain to see it. There was no hole in it on that sive and inconsistent that he (Mr. Harding) did not
day. I went to bed about a quarter before ten o'clock think the Bench would feel it to be their duty to corn-
on the Sunday night, and left my bedroom and count- ,nit the prisoners to the assizeie
ing-house doors open as than Al. The gas was burning air. Shaw said they had determined to send both
between the doors of the two rooms. Immediately the prisoners for trial.
before going to bed I went into the counting-house. Chief Superintendent Stephens—Other evidence
Everything was then same, and the door between the will be produced at the assizes,
counting-house and warehouse fastened, as usual. Mr. Hardieg—And I shall then complain that we
About helf-past two on Monday morning I fancied I
have not had an opportunity of hearing it. Whet
heard a noise on the premises. I sat upright in bed
amount of hail will the Bsneh accept for Healey ? It
several times and listenel, hut the wind being very
is a long time to the assizes.
boisterous, -I concluded the noise arose from that
Mr. Shaw—You must apply to a higher court if
cause, and went to sleep again. I afterwards heard