The Sun.
London, England, 1850-08-23 00:00:00

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CRIMINAL COURT.-(THIS DAY).

OLD COV
(84 ..to Mr. Baron FLATT.)
CiIARGE OF MURDER.
Mary Nook, aged 39, and described as a married
womkn, was put tai the bar, charged with the wilful mur•
Cer ~f E,:zibeth WAis.

The prisoner was a masculine-lcoking woman, and
when placed at the bar apt eared somewhat indifferent to
the position in which she stood. When called upon to
plead she said " Not guilty" in a firm voice.
Mr. Parry defended the prisoner.
Mr. CLARKSON tated the case for the prosecution, the
circumstances of which will be found in the following
evidence called to support it.
Catherine Wallis called—ls no relation to the de-
ceased child, Etizsbeth Wallis. Lives at the Grove,
Ealing. The prisener and her husband also live there.
KLows the leis:ewer. Knew the deceaseii Elizabeth Wel-
le-; she was a daughter of the prisoner by the first
husband. The deceased was about 17 years of age. The
prieiner Lad six children by the second husband. The
prisezier gi t her helve b) teeing in washieg. 'The
deee s d turd en Thutsdey eight, the Bth August instant.
Was preseet at her death. Have seen her ill treated by
the pris ,ner, within six months of her death. At her
death obit rived nisi its of bruises on her person. The
deceased was iil abet five weeks before her death. She
was erten& d by the medical man of the parish. Have
seen the deceased struCK at the top If the stairs by the
prisoner and kieicked down stairs. Tear was atiout fix
menths before her death. Afe r she had fallen down
staii a the prisoner fellow, d her down stairs and beat her
again. The stairs have about ten steps. The
mother beat her with her hand down stairs.
The child cried out. She beat her perhaps
about a minute. The deceased was perfectly
healthy about that time. Have not seen her beaten
much at any ether time—not more than is usual with
mothers, Have seen her beaten across the shoulders,
about twelve months ago, by her mother. Have seen
the family of the second husband at mtals. The de-
ceased was not lei like them when witness had seen
them at dinner. Have seen her (the deceased) have a
piece of dry bread, and a piece of bread thrown at
her by the mother, while the other children would be
having bread and meat to dinner. The deceased did not
sit at the same table with the rest of the family. The
girl never complained to witness until the day before
she died. Witness thought and told the deceased she
was dying, and urged her to prepare for
death by praying to God to pardon the sins
she had committed In this world. She said
she would pray to be forgiven. Knew that the
deceased had committed some sins, and urged her to
make a confession of them before she died, in which
case she would not be likely to have so much to answer
f ir in the next world. The deceased said she would
pray to be forgiven those sins, and then she repeated
the Lord's Prayer and part of the Creed in presence
of witness. Asked deceased if she really felt she would
die, and she replied she did. She complained that she
was hungry. Witness then took a mutton-chop, which
deceased said was in the prisoner's house, and cooked it
along with some potatoes, and took them upstairs to the
deceased. She complained of her ear aching very much.
Remember the inquest being held. It was on the
Saturday. The body of the girl at that time was
in her mother's house. During the progress of the
inquest, heard the mother say, if she got her
liberty, she would go home and throw the b— out,
(meaning the body of the deceased), box and all. The
prisoner was then in custody at that time in the tap-
room of the public-house where the inquest was being
held. The prisoner went to the station-house slung
with her husband atid witness; and on the road she
charged her husband not to follow the body of the de-
ceased to the grave, and that if he did she (the prisoner)
would remember it when she came out of prison. She
told her husband not to bury the deceased, but to let the
parish doctor do it.
Cross examined by Mr. PARRY—Am the wife of a
chimney-sweep, and take in needlework. I also let
ponies and donkeys for hire. Have children of my own;
six, all living. Have had occasion to beat my own
children, with my hand and with a strap also, when they
have been disobedient. May have beat them with
the stick I drive the donkeys with, but not
to injure them. I have daughters. I know the pri-
soner had been drinking at the time of the inquest, and
was, in fact, very much excited when she made the ex-
pressions I have related, at the time of the inquest. The
prisoner is a laundress, and her husband is a labouring
mar. She has always worked very well for her family ;
but she does net toil from morning to night for their
support. The deceased used to wash also; she like-
wise went out to wash occasionally. I believe the de-
ceased was the only child of the prisoner's first mar-
riage. I believe the prisoner was pregnant when her
first hubeerld died. I was not on very friendly terms
with the prisoner. I have, however, been in the habit
of going to her house, and she has come to my house
occasionally. The prisoner has a mangle, and I have had
nay clothes mangled there. The prisoner and the family
had meat generally to dinner; but I do not think I
have ever seen the deceased have meat to her dinner, or
sit down to dinner. I have known the family for six
years, and may have seen them sit down ten times to
dinner. I have had words with the prisoner, but not
recently. I have often had words with her respecting
the deceased, when the prisoner has ill-treated her. I
have cautioned her about beating the deceased, and have
t her some day or other she would give her an un-
itive) blow which would cause her death.
Win. Brooks, 8,64 y-binder at Ealing, said he knew the
deceased. Had seen her ill-used by her mother. Saw
her so ill-used a month ago yesterday, when the mother
entered the outer door of their house, and struck the de-
ceased on the head with her fist. The deceased was ill at
that time. She tumbled on the stairs from the blow ;
the mother saying at the same time to the deceased,
" D—n yeur -- eyes." The deceased was about
seventeen. On another occasion the deceased was hang-
ing out clothes in her mother's garden, when the pole
which supported the clothes fell down, and the mother
came out, and, taking her by the hair of her head, teat
her for some minutes and swore at her. Witness occa-
sionally cut the neighbours' hair. About twelvemonths
ago cut the deceased's hair, when he found three bruises
on her head, her left ear was also cut and covered with
matter. Heard the mother say atter that she would be
her (the deceased'e) -- butcher or murder her.
Cross-examined by Mr. PARRY—I believe my wife has
quarrelled with the deceased, but I have-had no quarrel
myself with her. I have not been in the prisoner's house
since I cut the deceased's hair. The quarrel between my
wife and the prisoner was very bitter on both sides. She
said she would be my wife's b— butcher, and wash her
hands in her blood. I did not hear the prisoner use
that expression, but my wife told me she used it. I
don't know that the prisoner has been in the habit of
erinkieg. I have not seen her drunk to my knowledge.
Mary Turner said—l live in Ealing-grove, next door
to Vie prisoner. I knew the deceased. I have seen her
ill-used very often by the prisoner. My garden adjoins
hers. I am a laundress. I have seen the prisoner beat
the deceased about five or six weeks before she died; she
beat her with her clenched fist about the head or any
part of her body that came first. I have heard
her being beaten in the garden, and the girl cry
out. I have also heard her driven into the mangling-
house and beaten by her mother. When the girl came
out on those occasions she was sometimes all over blood
about the nose and mouth. That might be about three
months before she died. That beating used to go on
every day while the mother was at home. I have seen
the mother beat her with a birch-broom, but I don't
know on what part of her person, for I did not like to
see her, and I would run away. I have seen the deceased
rather stagger under the weight of the wet linen, and
whilst her mother was wringing it out. That was about
a week before her death. That was after the parish
doctor had been to attend her.
Cross-examined by Mr. PARRY—Fridays and Satur-
days were very busy days, and the prisoner seemed mote
in a hurry and more irritated to get her work done, and
on those days she was more in the habit of beating the
deceased. I have always seen the prisoner work very
hard while she was at her work.
Mrs. Waffle recalled—The deceased was in the habit
of thieving; but I did not know she had been taken into
custody once. I knew acts of theft which the mother
did not know of. Her mother has told me that table
cloths were missing, and that she bed to supply articles
to her customers which she suspected the deceased had
stolen.
Mary Massey—l live in a cottage in Ealing-grave,
opposite the prisoner's. I went on the 24th of last July
to work at Mrs. Payne's, which is a short distance from
the prisoner's house. I saw the deceased at Mrs. Payne'e,
sitting by the breakfast table. She appeared very ill
indeed. She was unable to do her work. I bought a
half-pint of beer, and gave it to the deceased with a
piece of bread. She was not better after taking the beer
and bread, and was unable to wash.
Cross-examined—l know nothing of the deceased's
habit of thieving. She never took anything from me;
but I have heard very bad accounts of her. She was in
the station once.
Louisa Cutting—l am a married woman, and live in
Ealing-grove, about three doors from the prisoner. Have
known the prisoner for four years. Have seen her
throw the flat-iron at the deceased's legs, but I don't
know that it hit her. That was about twelve months
ago. I have seen the prisoner beat the deceased with a
mangle rope severely over her back. I have also seen
her beat her across the head with a copper-stick, which
is a little thicker than a broom-handle. These beatings
were about twelve months ago.
Cross-examined7l have beard the deceased was in
the habit of thieving, but I don't know it of my own
knowledge. The prisoner, emore than twelve months
ago accused me of stealing some diaper from her. I
have won ked for her since.
Was. Henry Turner corroborated the testimony of his
wife.
Mr. Wm. Jones., one of the relieving officers of the
Breetford Union, avid on the 11th of July the deceased
came to me and applied for an order for the district sur-
geon, as she was IA at that time. I gave her an order
on Mr. Goodchild, the surgeon. I went to the house
where the deceased lived oft the Saturday before she
died; I foiled her in bed, and I wished to have her taken
to the workhouse, but she refused. She wanted to go
to an hospital and I got her taken there. The mother
said she had an order from the vicar for her admission
into the hospital. I got a cart to take her there; but I
don't know tnat she ever went there. The mother ap-
plied on the Wednesday, the day before her death, to
the board of guardians to hare her taken into the
workhouse, as they had refused to admit her into the
hospital. An order was obtained to take tier to the
workhouse, but she could not be removed. She, how-
ever, had meat avid tile from the workhouse.
Cross-examined—l haves seen the prisoner very bard
at work, and believe her to be a very hard-working
woman. She has applied to me occasionally for relief on
account of a complaint ohs has had in her legs ; but I

ever gave, auy retie,', thinking t,03 her and her bus-
hq.tn(l'B inc,fue was sufficient to maintain them.

M. John Goo'ichild—l am the pari,h surgeon at Eel-
iee„ anti live the, e. I received an order to attend the
deep i,ed girl on the 11th July. I felled the girl suffer-
tug from col I ; I felled her at her mother's house, sit-
ting ur. I treat, d her cemplaint as an ordinary
cold at first. I attended her until her death, on the
Bth August. I made a post owl tem examination of the
deceesed, and found that the cause of her death was in-
fltimmation of the air tubes of the lungs. There were
three or four slight bruises on her person. With the
exception of the lungs, the other parts of the body were
healthy. I knew the inflammation of the lungs had ex-
isted for a moeth, and I should think it had existed longer,
pi,rhape five weeks before her death. The bruises on
her body had been ii filet( d perhaps nine or ten days
before her death, and they were wearing off. I think
they had been inflicted on her after I had commenced
attending her. The three bruises I speak of were on
the shin, but in addition to that there was a very
slight bruise on the thigh, and a alight puffi •
LICSA I n a part of the scalp. I examined
the ear by the din ction of the Coroner, but I could not
determine whether its state had rei n caused by vi,,lence
or whether it was constitutional. I have heard what the
witnesses have said eith respect to the treatment of the
&Teas, d, and I think it was lieely to bring her into a
state of debility such as would render her 1 able to in-
11.immation of the lungs. the hell Imination existed
before, such treatment would aggravate it.
By the JUDGE—The bruises might have been occasioned
in ge,ting out of bed orin striking herself agsiust a chair
el. such a thing. I should doubt that the puflioees I sew
on the head was attributable to pulmonary action. I did
not bleed the deceased, because I thought the inflam-
matory action was not sufficiently active to warrant it.
Cross-examined by Mr. PARRY—I have no doubt the
puffiness on the head had exi-ted more than twelve
months, and it might have been born with the deceased.
Thomas Tull, T 22, apprehended the prisoner at the
ireeance of the Coroner. When she was taken to the
station-house, lobe addressed soma words to Mrs. Wallis,
but witness was not near enough to hear what they were.
Sfle was intoxicated on that occasion.

Cross-examined—The deceased was once taken to the
station house for stealing tarts.
This was the case for the prosecution.
Mr. PARRY submitted there was no evidence to go to
the jury.
Mr. Baron PLATT thought the evidence did not bear
out the more serious part of the charge, but as the
assualts on the deceased formed part of that charge,
within the meaning of the Act of Parliament, he thought
the case shduld go to the jury.
Mr. PARRY addressed the jury on behalf of the pri-
soner, and afterwards called several of her neighbours,
who bad known her for many years, and who gave her
a general good character for humanity, admitting, how-
ever, that she was harsh and hasty at times.
Mr. Baron PLATT having summed up the case,
The jury immediately gave in a verdict of Guilty of
an Assault, and they begged to express their thanks to
the parish authorities for bringing the case before the
Court.

Mr. Baron PLATT then sentenced the prisoner to be
imprisoned and kept to hard labour for twelve calendar
months.

MARLBROI-STREET.--(THIS DAY.)

EXTRAORDINARY CHARGE.—Benjamin Sheppard, and
Sarah, his wife, were brought betore Mr. Hardwick,
charged with stealing two silver candlesticks, two valu-
able gold watches, and a large sum of money, the pro.
perry of the late Colonel Charles Ryan, who died about
six weeks ago, at No. 3, Upper John street, Golden-

square.
A gentleman who attended to prosecute on behalf of
the heir to the late Colonel's property, stated that the
prisoners were the landlord and landlady of the house in
which Colonel R) an died. Alter the Colonel's decease
his effects were examined, and amongst other things the
property named in the charge was missing, and on being
traced to the prisoners they were given in custody.
Mary Hawthorn, servant to the prisoner, deposed that
the late Colonel Ryan was a lodger in her master's
house, and had been lodging taste f about eleven
years. On la,t Saturday six we ks the Colonel died, and
at the time of his death he bad several gold watches,
chains, and a large sum of money in a cash box. The
watches and chains produced, with the cash-box, be-
longed to the late Colonel. She remembered a gentle-
man telling the male prisoner if be had any of the late
Colonel's property to give it up. The prisoner replied
that he had not any of his priperty, as it was all under
lock and key in the Colonel's bed-room. About three
weeks ago the prisoners left the house, and witness saw
no more of them until last night, when she taw them in
custody. Last night she heard the male prisoner
admit taking two 51. notes from the Colonel's box,
one of which he had paid towards the funeral expenses,
and the other he had with him in his pocket.
Mr. Linklater, for the defence, said the gentleman who
had attended to prosecute had not shown the least title
or claim to the property, or to act on the part of the heir
at-law. Be therefore contended that his clients, who
were honest and respectable, had been hardly dealt with
in being taken into custody. There was at present 4001.
in the Court of Bankruptcy ready to be given up, with
all the re,t of the property, to the heir-at-law whenever
he thought proper to come forward and claim it. His
clients admitted having possession of the property, and
were willing to give it up to the person entitled to it.
They had let held it with a felonious intent.
Mr. HARDWICK thought it quits time enough to pro-
secute the defendants fir felony when the real owner
came forward to do so, but at present there was no
distinct heir or rightful owner to claim the property,
and he should therefore discharge them, and recommend
them to make out an inventory of the deceased's effects
and &liver it to the real claimant. The parties then
left the con, t.

SPORTING INTELLIGENCE.
YORK RACES.—THORSDAY.
RACE-COURSE, FOUR O'CLOCK.—The raccs havingCotri-
menced late this ;Afternoon, a e have only to state that the
weather was road and showery in the early part of the
afternoon, and the attendance much larger than on the
first day, but still below what we have usually been here
on the grand day.
The Bramham Park Stakes of 100 sovs. each, 30 ft, ft.r
three yrs old colts, Bst 71b; fillies, Bat 21b; winners
extra. Mile and a halt. (6 Subs.)
Mr. Jaques's Mildew walked over
The Chesterfield Handicap of 10 soya. each, with 60
added; the winner to pay 10 soya. towards expenses.
One mile. (15 Subs.)
Lord Stanley's-Uriel,4 yrs, 7st 101 b (Flatman) 1
Lord Zetland's St. Ann, 5 yrs, Bst 41b...(J. Marson) 2
Mr. Meiklam's Polonaise, 4 yrs, Est llb ...(Arnold) 3
Mr. Allen's Cuba, 3 yrs, sst 81b (T. Dott) 4
Sir J. Hawley's Hippie, 3 yrs (West) 5
Betting-5 to 4on Uriel-4 to 1 agat St Ann—and
5 to 1 agst Hippia. Won in a canter by four lengths.
—Run in 1 min. 48 sees.
The Filly Slakes of 10 soya. each, with 25 added, for
three yrs old, Bat 71b each; winners extra. One mile
and a quarter. (4 Subs.)
Sir J. Hawley's Tiff, Bst 12Ib (Templeman) 1
Mr. Jas. Pilling's Lady E•len, Bst 121b...(G. Abdale) 2
Betting-11 to Bon Ludy Eden. Won by half a
length. Run in 2 min. 46 secs.
The Old Three yrs old Produce Stakes of 100 sovs.
each, h ft, for three yrs old; colts, Bst 51b; fillies,
Bat 21b. Two miles. (12 Subs.)
Mr. Jaques's Mildew, Bst 2lb (Flatman) 1
Mr. Bowes's Mickleton, Bst 51b (F. Butler) 2
Betting-2 to lon Mildew, who won by a length.
Run 3 mm. 57 sees.
The County Plate of 100 soya., added to a sweepstakes
of 15 soy& each, &o. T.Y.C.
Mr. Halford's Hatriott, 3 yrs, Sat 71b...(Whitehouse) 1
Mr. Dawson's fightwaist, 2 yrs, 6st 9ab
Lord Zeland's Radulphus, aged, 9st 3.b
The following also ran:--Mr. Morris's Meridian,
5 yrs, 9st 61b—Lard Zetland's Miss Ann, 5 yrs, 9st 31b
—and Mr. Davidson's Fleur-de-Seine, 5 yrs, Bst 71b.
Betting—• 2 to 1 agst Harriott. Won in a canter.
The Great Ebor Handicap cf 200 sovs., added to a
sweep takes of 20 sow. each, 15 tr, and 5 only if
declared; the second to receive 50 sovs. (93 Subs.,
62 of whom declared.)
Mr. Dawson's Mark Tapley, 3 yrs, sst 91b (Arnold) 1
Mr. Parr's Clothworker, 4 yrs, Est 2lb (Weil) 2
Colonel Anson's Champion, 4 yrs, 6st 91b (Charlton) 3
The following Woo started:—
Mr. Rolt's flollingwood, aged, Bat 121 b (Nat) 0
Mr. Walt tar' Maid of Team Valley, ist 41b(Metcalte) 0
Mr. Wrather's Maid of Mishap), Bst 11lb (G. Abdale) 0
Mr. Pedley's Chatterer, 4 yrs, Est 121b...(Holloway) 0
Mr. Meiklam's Cocktail, 4 yrs, 6st ( A ldcrot t) 0
Lord Zealand's Cantab, 3 yrs, sst 7lb (Osborne) 0
Mr. Walter's Reality, 5 yrs, sst 41b . ..... (Marwood) 0
Mr. Stoptord's Elcho, 3 yrs, sat 21b (Wells) 0
Betting-7 to 2 agat Champion, 7to 2 agst Collings
woad, 5 to 1 agst Mark Tapley, 6 to 1 agst Cantab, 7
to 1 agst Clothworker, and 12 to 1 agst Elcho. A very
fine race from the Stand. Won cleverly by half a length;
Clothworker beating Champion by a length, Cantab,
Collingwood, and Maid of Masham well up. Run in 3
min. 22 secs.
The Lottery Plate of 251., added to a sweepstakes of 5
soya. each, for three yrs old, &c. The second to save
his s•ake. One mile. (7 Subs.)
Mr. Hobson's Gladiole, 3 yrs, 7st 131 b ...(Osborne) 1
Sir C. Monk's Gulliver, 4 yrs, 911 71b...(Sampson) 2
Mr. Hesselaine's Andalusian. 4y rw,Bst2lb (Longstaff ) 3
The following also ran : —Lord Cardross'a Scarborough,
3 yrs, 7st 41b—Mr. Walter's Mary Nobbler, aged, Bst
91b—and Mr. MeAklam's French Susy, 3 yrs, 7st 11b.
Betting-2 to 1 eget Andalusian, and 3to 1 agst
Gladiole. Won by two lengths.
The Scurry Stakes of 5 sovs. each, with 20 added for
three yrs old and upwards. Gentlemen riders. T.Y.C.
(5 Subs.)
Mr. Davidson's Fleur deSeine,l lst 1011,(Capt Broil dley ) 1
Mr. Nicoll na (Maid wick, 3 yrs, lOat (Ld. Cardross) 2
Won in a canter.
YORK, FRIDAY MORNING.
LATEST BET MG.
THE YORKSHIRE STAKES.
11 to 8 on Pitsf Ord 10 to 1 agst any other
6 to 1 agst Cyprus

ST. LEGER.
6 to 5 agst Voltigeur 7 to 1 agst Windischgratz
7 to 1 agst Pitsimd 10 to 1 agst any other
GREAT YARMOUTH RACES.— WEDNESDAY.
The Great Yarmouth Handicap of 10 soya. each, 5 ft.,
and 60 added. Ono mile and a quarter. (17 Subs.)
Mr. Drinkald's Juggler, 4 yrs, Tat Cla (Rodney) 1
Mr. G. Ongley's Bird of Paradise, 7st 91b (Norman) 2
Mr. Cowley's Second Sight, 4 yrs. Bst 21b (Crickmore) 3
Mr. Gurney's St. Fabian, 3 y.s, 7st llb (Thorogood) 4
Mr. Derriau's Self-defence, 5 yrs, 7st 9;b (J. Mann) 5

Wou by alength.
The Nelson Stakes were won in two heats by the
Dromedary colt beating Goodwood by half a length.
The Subscription Hardicap of 5 sous. each, 3 ft., and
20 added, about three-quarters of a mile (4 Subs.), was
won easily by Mr. Clark's May-day, 4 yrs, Bst 41b