The Sun.
London, England, 1850-10-14 00:00:00

lonors that an acknowledgment should eppear in the
!ally paprs :—A Lady, R. M. A., W. J., Benjamin
Fowler, and H. L., ss. each ; M. M. P., 103. ; J. G.
2i. 6d. ; Anne Buller, 205. ; and Anonymous, 123.

THE FItIMLLY MURDER.
On Saturd.y, at eleven o'clock, the adjourned ex-

lmioation bdore the magistrates of the four men

charged with the murder of the Rev. G. E. Holiest,
ncumbent of Frimley-grove, was resumed at the
House of Correction, Guildford. The proceedingi
were conducted with closed doors, as on the former
~ccasion for the bench have taken it into their heads
chat publicity would interfere with the ends of jus-
tice ; at least, that is the reason assigned fur their con-
luct. Most people of sense would be disposed to think
chat an accurate report of the progress of such an
ir quiry as the present would rather tend to assist than
leteat the arm of the law, and the police courts cf the

•
netropolis invariably act on that view by freely ad-
mitting the representatives of the press, and giving
hem every accommodation. But the magistrates Lf
Surrey appear to take a different view of the matter,
Ind to see no danger or inconvenience in leaving re-
torters to gather the evidence as best they can from
private sources of information, and without the au-
hentic character which their presence in court would
•ecure. The absurdity of their conduct is rendered
he more transparent when it is rernernbned that the
inquiry before the Coroner, which necessarily involves
.1 similar detail of evidence, is going on simultaneously
sith theirs, and with the utmost publicity, though
hat officer has the same power of making his court a
secret one. _ _ _

The following summary of what took place before
he bench on Stturday is believed to be correct in

substance, though, under the circumstances, it is im-
possible to vouch for its strict accuracy :
At 11 o'clock the prisoners, Levi Harwood, James
Burbage (calling himself James Jones), Hiram
'Prowler (cilling himself Hiram Smith), and Samuel
Harwood, were brought from the several cells in
Nhich they had been confined to the governor's house,
and conducted into the presence of the magistrates.
They all looked much dejected, especially Burbage,
who seemed to be labouring under severe mental ex-
citement.

Mrs. Holiest, who was attired in deep mourning,
was the first witness introduced. The unfortunate

lady was much distressed when she entered the apart-
ment, but after a little while recovering herself, she
proceeded to repeat the evidence she had previously
given before the coroner at Frimley. This we are
informed she did without the variation of a single cir-

eumstance. Her identification of all the prisoners may
not be so decisive as it might have been; but her belief
with respect to two of them was expressed with confi-
dence. Mrs. Hollest's depositions, however, contained
one important fact relative to a copper token found in the
pocket of one of the prisoners, and which she posi-
tively identified as having been paid to her a few
days previous to the murder of her husband by a
Miss Bulpin, the village schoolmistress, and which
was stolen with other copper money by the thieves.
This token is a very remarkable coin, and besides its
peculiarity of design, bears marks which might easily
insure its identification by any person who had once
examined it with any degree of attention ; on the ob-
verse is a profile of George 111., encircled with a
wreath, and on the reverse a figure of Britannia, sur-
rounded by the words " One penny token," the word
" penny " being almost obliterated. It appeared that
this token formed the weekly payment of one of the
little school girls to a provident fund for purchasing
clothes, originated in Frimley by Mrs. Holiest. The
token was paid to Miss Bulpin, the schoolmistress,
by the little girl, and handed over a few hours subse-
quently to Mrs. Holiest, with the remark that it was
a very odd-looking penny, and Miss Bulpin added
" That she did not think it would pass." Mrs. Hol-
iest, however, expressed her belief that it would, and,
showing it to Mr. Holiest, remarked that they had
not" paid much respect to poor King George's nose,"
that feature being much battered on the coin. Mrs.
Holiest then put the token, with other copper coins,
into a bag, in which she usually kept the "clothes
fund." and there it remained up to the night of the
murder. This circumstance was considered one of the
strongest points proved on Saturday against the pri-
soners. The token was the only coin found upon one
of the prisoners.
Superintendent Hollington was the next witness
examined. Among other circumstances connected
with the apprehension of the prisoners, he stated that
three of them had been met on Friday evening on the
road from Guildford to Frimley.
Miss Bulpin spoke very confidently as to the iden-
tity of the token, and explained how it had come into
the possession of the child.
Ellen Yeller, a domestic servant in the family of the
deceased, repeated the evidence she had given before
the coroner.
Elizabeth Moth, an old woman, deposed to the
finding some remains of bread, cheese, &c., under a
hedge about a mile from the late Mr. Hollest's house.
James Hockley, its the employ of Henry Watts,
broom-maker, of Frimley, identified Hiram Trovvler
as a man he had seen in Frimley village on the Tues-
day before the murder, endeavouring to dispose of
two earthenware dishes. He told witness he had been
at the -- parson's, and had tried to get a drink
of beer out of him, but had failed. He added that he
hoped something would happen to the before
the end of the week, so that the old might die.
Trowler was considerably excited while this witness
was giving his testimony. He did not deny having
seen the witness, but he told him that he had sworn
falsely as to the words uttered. Lastly, Trowler
asked the witness whether he had heard him say that
he would do anything to the deceased? Witness, in
reply, said he could not say the prisoner had said so.
Harriet Seabrooke, landlady of the S wan Inn,
Guildford, in whose house Levi Ilar wood lodged at
the period of the murder, proved that he was not at
home on the night of the 27th ult. He left his lodg-
ings on Friday afternoon, about four o'clock,wearing
at the time a cord jacket, and returned the next after-
noon without a jacket, wearing only a sleeve waist-
coat. (As this witness entered the room one of the
prisoners shook his head in a menacing manner.)
Mary Gouldstone repeated her former testimony.
She bad seen two of the prisoners together at Frimley
at half-past twelve on the night of the murder.
Several other witnesses were called, but their tes-
timony did not appear to be of much importance, nor
to throw any fresh light upon the matter. The pro-
ceedings occupied the bench until nearly six o'clock,
at which hour it was announced that the investigation
was adjourned till Friday next.
Mr. I\ eale, a solicitor in Guildford, having applied
to the magistrates for leave to communicate with the
prisoners in his professional clpacity, and been re-
fused, addressed a letter to Sir George Grey upon
the subject, which drew forth the following reply :
" Whitehall, Oct. 7, 1850.
" Sir,—l am directed by Secretary Sir George
Grey to acknowledge the receipt of your letter of
this date, in which you request that he will grant you
an order to see the prisoners who are charged with
the murder recently committed at Frimley, and I am
to inform you that the Secretary of State cannot
issue such an order. The right of prisoners under
examination to see their professional advisers is regu-
lated by the rules enforced in the prison where they
are confined, and which the governors and visiting
justices are bound to observe.
" I am, Sir, your obedient servant,
" J. -WADDINGTON.
" To Mr. H. D. Neale, solicitor, Guildford."
The prison rules referred to give the magistrates
the discretionary power which they have exercised.
Mr. Neale renewed his application to the bench on
Saturday, but was again refused access to the pri-
soners, or permission to be present on their behalf,
1 in court during the examination.
av

MURDEROUS OUTRAGE AT
BIRMINGHAM.

About four o'clock on Monday morning last, Mr.
Thomas Marston, gold and silver heater, of Great
Hampton-street, was roused from sleep by a noise in
the house, and on getting out of bed he found that his
room door, which be left vjar on retiring to rest, had
been in the meantime closed, and he at once proceeded
down stairs. Glancing into the sitting-room, Mr.
Marston saw three men in the act of emptying his
sideboard of the plate and other valuables which it
contained, and a large heap of the spoil was lying on
the floor. He instantly attempted to run back to his
bed-room, with the intention of getting his fire-arms,
but the burglars had become aware of his presence,
and attacked him with their bludgeons before he was
up many stairs of the staircase. Mr. Marston was
obliged to turn upon them in self-defence, and being
possessed of considerable strength, although somewhat
advanced in wears, he tore a wooden rail out of
the banister, and maintained his vantage po-
sition on the stairs for several minutes. At
length, however, one of the villains brought a poker
from the sitting room, and with this he struck Mr.
Marston numerous bloWs across the heed and legs.
'Linable to hold out any longer, he dropped at their
feet, bat even then they kicked and struck him, so as
to prevent the possibility of his pursuing them, and as
at this juncture a fainting fit deprived him of his
senses, they no doubt thought they had killed him.
At last they quitted the house, making their exit
from the premises by the same way as they had en-
tered, namely, through the ceiling of Mr. Marston's
warehothe, from which a door communicated with
the house. The question must by this time naturally
have suggested itself to the reader—the rencontre ap-
pears to have lasted a considerable period—was no
alarm made ?—where were the police ? The affray
did last at least a quarter of an hour ; cries, such as
would be uttered by a man engaged in a death-strug-
gle, were raised ; his daughter and servant were at
one of the windows crying out urgently and loudly
for assistance, and two or three policemen were ac-
tually standing in front of the door, gazing at what
r was going on—the fact of there being a gaslight on
the stairs, and a fanlight over the front door, enabling