The Sun.
London, England, 1844-12-19 00:00:00

TEE SUN, LONDON, THURSDAY MOUNING, DECEMBER

put some water on. The prisoner said, " Never mind;
there's water yonder," pointing to Mrs. Shepherd's. he
put the razor and latherbox in his pocket, and went out,
Witness saw the razor afterwards with Mr. Ward. It
was the same he had lent the prisoner.
Joseph Jones stated that he lived next door to Mrs,
Shepherd. Was in the necessary on the Sunday
evening. Heard a noise, as of the prisoner sine;lng.
He seee.ed to be going to Mrs. Shepherd's. He .stoord
down' 'and said " Here goes it • here I will tlie." tie
stooped for a short time, and then rose up, and some-
thing dropped He opened Mrs. Sbpherd's door, and
fell in. Witness went to the plat-o where the prisoner
stooped down, and found a, rsi2or. Gave it to Edward
Ray. There was sore blood upon it. It was about
half open. Witnr_s went into Shepherd's house. The
prisoner was 'Weeding from the throat. The surgeon
came in al:Jout a quarter of an hour.
Cress-examined—Did not observe the prisoner until
he stooped. Could not see if he put his hand into his
pocket.

- Edward Ward—Received the razor from Edward
Ray. Went to the Rob Roy public-house, and found the
body of deceased there. Went to Mrs. Shepherd's.
The prisoner was lying on the floor with his throat cut.
Took him to.the infirmary. There was a blue pilot cP- t
in the house, in the pocket of which was a latherb,jx
and brush. The coat was much sprinkled with blood ',a
the skirts.

Thomas Huxley stated that on Sunday, the 7th of
July, he was in Bridge-street. It was near ten o'clock.
Came up to a man and woman near the cornet of Alfre d-
street. Heard the man say, " Well, Alice, must we be
married ?" She replied, "No, not yet." He said,
"You won't?" The woman answered, "No, not these
six months, Tom," Witness went on about fifteen
yards, and heard the woman cry out, " Oh God, Toni!"
She was at the corner of Brigg-street. She was then
leaving the man. He came towards witness. Ile
walked very quick. She went in the direction of Ar-
lington-street. Witness spoke to the man, and said,
" What's to do?" He answered, " Nothing; good night."
When witness first passed them the man had his arm
round the woman's neck. He had a blue pilot coat on,
anti ho seemed to have iron heels to his boots. The
woman had no bonnet. She went in the direction of
Richmond-street. The young woman had on a dick
dress and cream-coloured boots.
Cross-examined—Did not see other people about at
the tune. The two persona seemed to be courting. Did
not notice anything peculiar about them. Was about
five yards past them before he heard anything said. Was
not paying any particular attention. Is sure of the
words. They were," Well, Alice, shall we be married?"
Is sure it was by way of question. When witness heard
the words, " Oh God, Tom," thought the 'man had struck
her. It seemed to be an expression of pain. Was fif-
teen or twenty yards off at the time. The man could
have gone to Mrs. Shepherd's house, at the pace he was
walking, in about ten minutes. Had particularly ob-
served the woman's dress before he heard her cry out.
Was five yards past before he heard the words about
getting married. Witness's attention was not particu-
larly directed towards them. They were talking when
witness passed. They talked in the same tone all along.
Had observed the: mans boots in passing. Judged they
had iron heels from the sound. The man crossed by
Albert-street. Thinks he passed over flags, but cannot
say. It is not soft ground there. Seemed to have
laccup boots. Coal I not see what both parties wore be-
fore passing them. Had not seen the body of the de-
ceased before giving his evidence. Saw her the night
before she was buried. It was before the Coroner's in-
quest. Believed she was in her coffin. She was laid out
Saw part of the clothes after he had given a descriptii
of her dress. Saw her boots and a neckerchief. The
clothes he saw were a dark-coloured dress, a crape hami-
kerchief, and cream-coloured boots. I am sure the word
she used was Tom. Will swe-er it was not John. Was
about fifteen yards off at that time.
Re-examined--Described the young woman's dress
before he saw the clothes of the deceased. The man in
running away crossed a brick croft.
Ann Kershaw—Lives in Brigg-street, Salford. It is
a corner house with Albert-street. There is a back
window into Albert-street. Saw a man and woman
opposite the back window just after the clock struck ten.
Both were dressed in dark clothes. Saw their heads.
She had no bonnet on. She had a cap. They came in
the direction of Brigg-street. They would turn to the
left to go into Albert-street. They seemed as if they
were quarrelling. The woman made a sudden start
from the palings in the direction of Brigg-street, and the
maa after her.
William Henry Kershaw—ls the son of the last ait-
ness. His mother sent him to see what the man and
woman were doing. Saw the man part from the woman,
and as he was running he stumbled into a gutter. That
was at thirty yards off, and in the middle of the brick
croft. He ran away towards Dale-street. As he ran
away she turned the corner, and put up her hand to her
throat. Witness went into the house. Heard an alarm
of a woman having been killed about a quarter of an
hour after. Went to the place where he had seen the
woman, and found a pool of blood.
Cross-examined—When the man ran away be ran
from me. It was about four or five yards from the
corner of Brigg-street. I saw them separate.
Mary Barlow—Lives in Arlington-street. Saw a
woman, about the hour mentioned, passing up Arlington-
street, opposite Dean's-buildings. She was staggering.
She had her left hand to her throat. There was a
gurgling sound in her throat. She passed near witness,
and put her hand on witness's shoulder with a sort of
push. She went up Arlington-street, until she got
opposite Mr. Senior's shop, when she fell against tl;e
door. Witness gave an alarm, and the woman was taken
to the Rob Roy public-house. She had a cap on, and
no bonnet.

Thomas Barber—Saw the woman fall, and helped to
raise her up. She lived about ten minutes.
Joseph Chrichton, surgeon, stated that on the Bth of
July he went to the Rob Roy public-house, and saw the
body of a female. There was a large wound on the
throat, about eight inches long, in an oblique direction.
The windpipe was severed. That wound was the cause
of death. Thinks it must have been inflicted by the
right hand of another party. Examined the prisoner at
Cook-street on the erening of Sunday. He had a very
large wound in the neck. The windpipe was nearly cut
in two. He was sent to the infirmary. He was unable
to speak. The large blood vessels seemed to have
escaped.
Cross-examined—It is possible the wound might have
been inflicted by the left hand of the deceased. It wa,
in an oblique direction from the front of the throat, up
towards the left ear. Thinks the course of the wound
would have been different if it had been made by the
left hand of the deceased party. Cannot speak positively.
Mr. Shepherd recalled—The deceased had on a second
mourning dress and light boots. Prisoner had on a blue
pilot coat. Did not notice his boots.
This was the case for the prosecution.
Mr. JAMES addressed the jury for the prisoner, going
minutely through the evidence, and contending that there
was nothing in it that could justify the jury in saying,
beyond any reasonable doubt, that it was the hand of the
prisoner at the bar which inflicted the wound of which
the unfortunate woman died. lie urged that from the
inconsistencies of the statements made respecting the
man and woman described by the witnesses, that
there must have been more than one couple seen
by them, in itself the most probable thing in
the world, in such a town as Manchester, on the
Sunday evening. Nor were the prisoner and the de-
ceased identified as either of them. The dress and ap-
pearance described were of a kind the most usual and
common in the class of life to which the prisoner and the
deceased belonged ; and the supposition that they were
identified by the fact of their using the names of Tom and
Alice, was one based on the most rash assumptions.
The only witness on whom the truth of this fact depended
was paying, as might be supposed, no attention to th-
casual conversation of two persons whom he was acci-
dentally passing in the streets. He was even, by his
own account, at some considerable distance before he
professed to have heard the names, and his loose recol-
lection of the conversation would be most likely to be
deceived when, once having got the idea th those
whom he had seen were the parties in question, he
learned that their names were what he had now stated.
That this unfortunate woman died from a wound inflicted
in her throat was most certain ' • but could they say with
certainty, upon this evidence, by whom that wound had
been inflicted ? It was possible, on the medical evidence,
that it had been inflicted by herself. Could they say it
was not ? They would recollect the singular circum-
stance of the deceased playing with her fingers round
the neck of Mrs. Shepherd. Who could tell what sin-
gular ideas, passing in her mind, had prompted this
strange conduct ? Was it not possible that the fact of
the prisoner losing his situation, the consequent post-
ponement of her marriage, a matter of necessity, of more
importance to her than to him, might have prompted the
rash act. But even if they should think themselves jus-
tified, amid all these unsatisfied doubts, in coming to tie
conclusion that the prisoner really inflicted this in-
jury on the deceased, was it not clear that on that
evening he was not aware of what he was doing ? They
would recollect the strange way in which he was stated
to have come to Mrs. Shepherd's singing a foolish
song, and stampi-g with his feet in the strange way
which Mrs. Shepherd had described. And when they
found, as would be clearly shown, that the prisoner was
since beyond all doubt, insane—that he had been treated
as a lunatic, and been subjected to the restraint of a
straight-waistcoat, as the only means of security, it would
strengthen beyond measure the probability, that at the
time of this occurrence, should they think that he par-
ticipated in the death of the deceased, he was not ac-
countable for his actions. The great loss of blood was
the most likely thing to produce an interval of sanity.
When that depletion was supplied by a generous diet he
became insane, an 3 was only restored to sanity by sub-
mitting him to a rigorously lowering regimen. Ho
would call the surgeon of the gaol, and leave them to
form their judgment on his evidence as to the prisoner's
sanity, contending, however, that in the first place there
was no evidence on which they could rely, that it was
by his act the deceased came by the injury which
caused her death.

Mr. Chalmers, surgeon to the gaol, was called, and
stated that for some weeks after the prisoner came into
the gaol he treated him as any other patient for the
wound in his throat. After that time he became morose,
irritable, and ill-behaved in his manner. He had been
placed on a more generous diet than the prison diet.
He became at last very violent and incoherent. Witness
thought he was insane, and summoned other medical at-
tendance, Dr. Fornby. After a joint examination with
Dr. Foruby, was still of the same opinion. He was put
ina straight. jacket, and persons appointed to watch him.
His diet was reduced, and he is still kept on the same
diet. He remained in that state for nearly a fortnight,
Thinks he is now sane, but would think it his duty- to,
watch him for fear of a recurrence of the malady. A de-
pleting mode of treatment may, produce the appearance
of sanity for the time, insanity being liable to recur
when that treatment is abandoned.
Cannot from what
lie saw speak as to the state of his mind in the July
preceding.
His 'moan) summed up, and stated that of late

years the plea of Insanity had been set up on very weak
grounds. If a man showed any peculiarity, any morose-
ness, had any unreasonable quarrel with his relations or
friends, it was made a ground for representing him as
insane. To establish that plea, however, they must be
satisfied that the party was at the time the offence was
committed unable to distinguish right from wrong. His
Lordship then went through the facts as they bore upon
the question, whether the prisoner had, in fact, caused
the death of the deceased.

The jury, after a short absence from the box, returned
a verdict of Guilty.
His LORDSHIP then proceeded to pass sentence upon
the prisoner. Towards the close of his Lordship's ad-
dress, the unhappy man sank back, apparently partially
insensible, in the arms of the turnkeys. At the close of
the sentence he seemed to wake, as it were, from a dream,
and clinging to the front of the dock endeavoured to ad-
dress the Court, but a few hoarse, unintelligible whispers
were all that could be heard; his tongue refused its office,
and he was led half fainting from the dock. At the same
moment some person at the back of the dock was seized
with a fit apparently of epilepsy, and his cries and
struggles were appalling. The crowd endeavouring to
rush to tilt spot increased the confusion, and it was only,
by great exertions on the part of the officers in attend-
ance that the unfortunate man was carried from the
Court, and order finally restored.
Durham, Dec. 16.

The Commission for this county was opened by the
Worshipful the Mayor of Durham, on the l4th inst.,
and Mr. Justice Coleridge arrived in the evening, and
attended Divine service at the Cathedral on Sunday
morning.
The number of prisoners in the calendar is twenty-
six, and the number of charges twenty-two, comprising
two charged with firing a gun into a dwelling-house,
with intent to do some grievous bodily harm ; three
charged with rape, one with manslaughter, two (one of
whom is a gentleman possessed of considerable resources)
with an unnatural crime; six with cutting and maiming,
with intent to murder or do grievous bodily harm ; four
with forgery, and uttering 5L notes of the Stockton and
Durham County Bank ; three with burglary, and two
with feloniously receiving the proceeds of the burglary ;
one with forging and uttering a bill of exchange ; and
one with attempting to sink a ship on the high seas.
The crimes are thus all of a highly serious character.
The Court was opened this day at ten minutes to eight
o'clock.

His LORDSHIP, in charging the grand jury, expressed
an opinion that the grand jury and others would feel
great inconvenience from having to attend the Winter
Assizes at this inclement season of the year. The county
which he had just left (Yorkshire), however, showed
that the course pursued was not without necessity. The
advantage of frequent gaol deliveries was great in one
respect, that it prevented persons wrongfully charged
from being long confined in prison ; but the evil was
as great individually in cases where there were few
prisoners as in those where many were confined.
During last year between 8,000 and 9,000 prisoners
had been discharged without conviction, from
one cause or another, and at the last Winter As-
sizes 306 had thus received their discharge. The
ground of a long commitment, however, did not at-
tach in this case, for, with the exception of five, all the
rest had been committed to gaol since October. J.His
Lordship observed, at some length, on parties procuring
themselves to be inserted on the special jury lists, in
order to get quit of attendance on the petty juries—a
practice which, be said, was much to be deprecated, not
only on the ground that it inflicted an onerous and unjust
burden on the lower classes of jurymen, but also because
it fleprived the Judges of the assistance of men of greater
moral and intellectual attainments in some of the more
important cases—such as murder, manslaughter, for-
gery, and the like. The power of remedying this by
the magistrates was so difficult as to be almost impos-
sible. His Lordship then proceeded to remark on the
cases in the calendar, but nothing of a general nature
was contained in his obse, vations.

MANSLAUGHTER AT WINGATE GRANGE COLLIERY.—
Jane Shaw, aged 52, was charged with killing and slay-
ing her husband, Thomas Sliaw, at the parish of Kello,
on the 17th of August last.
Mr. Otter conducted the prosecution ; Mr. Grainger
the defence.

In this case it appeared that on the day the unfortu-
nate occurrence took place, the deceased and his wife
had been both drinking in a public-house kept by a man
named Anderson, at Wingate-grange Colliery, in which
they resided. Some bitter ebservations, indicating a
certain extent of jealousy, had been made use of by
the prisoner to her husband ; but it yet appeared that
she had made some attempts to get him home. On
the road he was seen to be bent nearly double and
to sink upon a form in a disabled state ; and after
he was raised the blood was seen to gush from a
wound in his breast, and he fainted. The surgeon called
in deposed that he survived for a few days, but ultimately
died from an effusion of blood internally, which effusion
was caused by the wound already mentioned, described
as about half an inch in length and two inches in depth,
and likely to be produced by a penknife or a pair of small
scissors. Two witnesses deposed to the deceased saying
to his wife, after being conveyed home, " You villain, it
was not this way when you stuck the gully into me."
But a third, the wife of one of the other witnesses, and
who had not previously been examined in the case,
swore that the expression of the deceased was, " You
villain, you know where you put the gully into me."
That a person exclaimed it had not been done by a gully,
but by a penknife ; and that on his wife hearing this she
went to a table in the room and took up a penknife,
which she put into her pocket.
Much stress was laid by Mr. GRAINGER in his defence
on no blood being found in the prisoner's house, no knife
with blood upon it, about her or the premises, and no
marks of blood upon the person. The wife was tipsy
at the time of the unfortunate occurrence, so much so
that, on being informed of his state, she said she knew
nothing about him, and was going to seek him with a
lighted lantern ; and the Learned Counsel suggested
that the deceased's death might have been occasioned by
falling upon some low palisades in front of his house ;
and, although the evidence of medical gentlemen were
quite contradictory of this hypothesis, yet the jury
seemed to agree with it, and Acquitted the prisoner.
The Court adjourned at seven o'clock.

OXFORD ClRCUlT.—Stafford, Dec. 16.
(Before Mr. Justice COLTMAN.)

MURDER OF SIR THOMAS BOUGHEY'S HEAD-GAME-
KEEPER.-At nine o'clock this morning Paul Downing,
aged nineteen, and Charles Powys, aged seventeen, were
arraigned, charged with the wilful murder of William
Cooper, at Audley, in the month of August last.
Mr. Yardley and Mr. Boughey appeared on the part
of the Crown; the prisoners were defended by Mr. Allen
and Mr. Huddleston.

The facts of the case having been succinctly stated by
the senior counsel for the prosecution, a model and plans
of the premises where the horrible transaction took place
were put in and duly proved.
Daniel Colelough was then sworn—He stated, I am a
collier. I lived near the deceased, Cooper. On Sunday,
the 4th of August, about nine A.M. and about five P.M.
he called on me. We went together to Audley Chapel,
and left about eight in the evening, when we went to the
King's Head, where we remained tilt ten.- The deceased
walked with me home. I arrived there at a quarter to
twelve. As we walked home we met an uncle of the de-
ceased. I went to bed as soon as I reached my house.
Shortly after I was called up by the father of the de-
ceased and another man, named Shuker. I went with
them to Cooper's house, and found him lying there
dead.

Thomas Cooper, the father of the deceased, deposed
as follows :—I live in the parish of Audley. I and my
son were gamekeepers in the service of Sir Thomas
Boughey. On the night of the 4th of August I went to
bed a little after ten. I heard the clock strike eleven
and twelve. Soon after twelve I heard the report of a
gun, accompanied by a loud scream, close to my back
premises. My bed-room is in the front of the house.
I immediately jumped out of bed, knocked against the
wall my neighbour Shuker, and ran down stairs.
I 1. • • son lying on his right side with his head in
the nd his body in the yard. There was a con-
siderab é ;antity of blood around him. On finding
what had taken place, I called in Lawrence and his wife,
and Lightfoot. They came up by the cart-road to the
house, and entered the kitchen. I sent for Mr. War-
burton, who lives at Betley, and is a surgeon ; and I
went to Colclough's and Shuker's. It was about four
o'clock when I left the house myself. I then sent
Shuker to Newcastle, about five miles off, for the police.
Before going, however, he called my attention to some
foot-marks in a fallow field, which had gone through
the gate near Lawrence's garden. They were
the traces of two persons, one rather larger
than the other. I also observed that where they had
come across the pasture field the dew was taken off the
grass. The footmarks were in a line from my back pre-
mises down the field. I could only track them for eight
or nine yards. The two lines of steps were about three
or four yards apart. There was so much dew that I
could see the steps distinctly. I examined the cow-yard
as soon as Shuker was gone. I there saw four or five
footmarks. Two were very perfect ; a brick was also
displaced in the footway. I ordered the footsteps not to
be disturbed till the police arrived. I was absent at
Betley about an hour. About ten o'clock the police ar-
rived, Mr. Miinight first. I pointed out to him all the
footmarks. I had been in the cowhouse-yard about nine
o'clock on Sunday evening, and left the gates closed as
usual. Between three and four in the morning I disco-
vered the one leading into the foldyard open. There
were no footsteps in the midden then, nor was the brick
at that time displaced. I know both prisoners. On four
different occasions I have had to lay informations against
one of them, and on one occasion my son was with me
when we caught the prisoners poaching ; but I proved
the case. The first time was about January last, and
the last the 26th of May. The information was heard
on the 4th of June. An information has been laid
against Powys. My house is eleven minutes' walk from
Enoch Wood's.

Cross-examined—l came out at the door my son was
shot at. Lawrence and his wife came with me after I
gave the alarm. Saw Lightfoot on my premises at two
A.m. My attention was attracted to footmarks between
three and four o'clock. No one had left my house
between the two periods. Do not recollect any search
having been made up to the time my attention was
called to the footmarks. Told Shuker not to say any-
thing about footmarks or marks on linen. Lawrence's
cottage is about 15 or 20 yards from the road. I was
never a witness, or made any charge against the pri-
soner Powys. Ours is a very bad neighbourhood for
poaching. The poachers are very bold and daring, and
a most desperate set of characters. I have had, during
the last two years, to lay many informations against
poachers. A fearful and most barbarous murder of a.
gamekeeper was committed there about a year ago. My
son was not a witness on that occasion. Once he laid an
information against Downing. He used to go out and
asi but never
bin
us. He was a labourer. I saw Downing whilst in
custody,
nlerhsephokade
btoettehirmteallbo
all atbhoisut ibuziner bad.l
never

not been shooting either on the Sunday, Monday, or
Tuesday.
William Price—l am a policeman. Was at Hamer-
end on the sth of August, at Enoch Wood's house, and
apprehended Downing there between one and two. I
took him to Cooper's house ; took him all along the
footpath leading across the field to Cooper's house. I
know the field by Cooper's back premises. Go t into that
field through a gate adjoining Cooper's garden, furthest
from the house. When the prisoner arrived at the pro-
secutor's house I delivered him over to another man's
custody. Saw Powys that afternoon, at three. He was
coming up the pasture field. I know Lawrence's house.
I live there. I saw Powys above the road in the pasture
field. I went to him and took him into custody. Mr.
Manight was with me. Made him take off his right
boot, which I gave to Mr. M'Kaight. I remained half
an hour with him, and went afterwards to Cooper's
house. The left boot was taken off in my presence, be-
fore he went to the house. He walked up to the house
across the turf barefooted.

James Wright M'Knight—l nth the chief superin-
tendent of the constabulary force at the Potteries. Went
to Cooper's house -at nine o'clock A.M. on the Monday.
Saw deceased. Saw footmarks. They were in the
midden in the yard ; the other in a gateway leading from
a pasture to a fodder field. Cooper pointed them out.
They were right footmarks. Observed particularly a
footmark in the gateway ; there was the impression of
three nails in the front mark ; the centre nail was
smaller than the other two ; I had not at that time seen
the boot. The footmarks in the midden and gateway
were of the same size and shape. I considered them to
be made by the same boot or shoe. There were other
marks, but not so distinct. Went into the fallow field.
I only observed one footmark there. Observed more
than one near the gate in the fallow field. There were
at least two footmarks in the field ; perhaps as many
as of three or four persons. Considered, from the
size of the smaller footmarks, that the persons who
had been in the yard had gone in that direction. I
traced marks up to the hedge, which seemed to have been
broken through. I did not trace them any further at
that time. Saw a boot taken off Powys. Examined the
boot with reference to the footmarks. I think Cooper
and Shuker were with me. I compared the boots with
the marks. I measured with a twig the impression and
boot. Found them exactly to correspond. (The boot
was here produced.) I afterwards compared it with
the marks in the gateway. Found them to correspond.
Was making the comparison when Mr. Hatton arrived.
We measured the boot and marks together in every di-
rection, and found them all to correspond. Made other
comparisons at Clemley Park-bank some little time af-
terwards. Saw marks in a ditch there in a grass field
adjoining. Had then another boot from the policeman,
Slater, at the end of the field. I saw footmarks at the
further end of the field.

This witness remained for a great length of time under
examination and cross-examination. On his re-exami-
nation it was clearly proved that one of the footmarks,
which was more particularly examined, corresponded
precisely with the shoe of one prisoner ; one nail was
deficient in the toe of the shoe, and also of the impres-
sion, and the other nails corresponded in number pre-
cisely.
Thomas Shuker—l am a labourer. Oa the night in
question I heard the report of a gun on Mr Cooper's
premises, a little after twelve. I got up and slw the de-
ceased lying there. I went in about four or five minutes
after to Lawrence's. I then searched .bout the premises
and observed fresh footsteps. I went afterwards to
Newcastle for the police. This witness proceeded to
describe the direction in which the footsteps went
which it would be impossible to render intelligible
without a map to refer to. He added, that in the back
yard of Cooper's house he saw a small piece of blue paper
lying in the yard, near to where the deceased had been
lying. The paper was open. On the following day I
found two pieces of blue paper partly wedged under a
brick in the yard.
Cross-examined—Nothing was said to me abou
looking for wadding on Monday night. Mr. Hatton
inquired on the Tuesday morning about paper or wad-
ding, and I told Mr. Hatton that I had seen it the day
before.

Captain Hatton, chief of the constabulary of Stafford-
shire—l saw Mr. M'Knight at Mr. Cooper's house when
I arrived there on the morning of the sth of August. I
observed some footmarks and boots, which were pointed
out to me. They tallied precisely in every respect.
(;The testimony of this witness corroborated in every par-
ticular the preceding evidence.) Captain Hatton pro-
duced a single-barrelled gun, which he found in the bed.
room of the elder prisoner. It had evidently in his opi-
nion, been recently used—in all probability 24 hours be-
fore. He brought also a powder-horn, containing a
charge of powder. The horn was stopped with a pledget
of blue paper rolled up, of precisely the same colour and
quality as that which was used as wadding for the gun.
This circumstance, as will be seen hereafter, formed a
very important link in the chain of evidence which con-
nected the prisoners with the crime. Captain Hatton
was present when the last witness found two pieces of
blue paper in the yard, which had evidently been used as
wadding. He then compared them with the pledget of
paper twisted up and used as a stopper to the horn found
in the bed-room of one of the prisoners. This comparison
was repeated in Court, and no doubt could exist as to
the pieces of paper found on Cooper's premises having
been used as wadding to a gun, nor of their having been
torn off the larger piece already alluded to. The gun
was found in a drawer of a chest of drawers, locked up
and covered over with clothes ; and the witness further
stated, that his belief as to its having been recently fired
was founded upon the appearance of the nipple and of
the cock, which, as every one skilled in the use of fire-
arms is aware, differs totally from that of the same parts
when the gun has laid by for a few days.
Mr. 'larding, one of the Coroners of the county,
proved that, in his opinion, he entertained not the least
doubt but that the boot taken off the elder prisoner had
made the impressions noticed near the house, each of
which was most accurately and carefully measured by
him and by several other parties. In fact, too high an
encomium cannot be passed upon Captain Hatton, and
the police under him, for the great care and pains evinced
by them in the investigation of the case, and the detec-
tion of the prisoners.
Thomas Furnival—l know the Samson colliery, and
recollect the Audley wake Sunday. I was at the col-
liery about four or five o'clock. I saw Powys and Smith
there; the former had a gun with him, which he was
" ramming down." He then went down by the wood.
Hannah Sinister, the wife of Charles Sinister, of
Leycet, in the parish of Madeley—l know the Samson
colliery. I live about 200 yards from it.. I remember
Audley wake Sunday. Between four and five that after-
noon I heard a gun go off. I looked out and saw
Powys, Smith, Burgess, and Harding. They were op-
posite my door. Don't recollect which had the gun.
James Smith—l remember the Sunday of Audley
wake. I know the prisoners and the last witness, Mrs.
Sinister. I live at Leycet. I was in company with
Powys, Burgess, and Harding on the afternoon of that
day. None of us had a gun. We were at Enoch
Wood's till a late hour in the evening. I got home at a
quarter to twelve. I Nat saw Powys about eleven.
Downing was in his company at that time.
George Madders—My father is a butcher at Ormer-
end. I know Charles Powys. I saw him on the even-
ing of Audley wake Sunday. James Smith was with
him. He asked me to get him some powder and some
caps from Burgess's. He said I waa to fetch them in a
pocket handkerchief. I did not fetch them, because a
little lad had just died in the house, and I could not for
shame go. Downing lived close to my father's house.
I saw him one day washing his hands, and he said he
wished he was washing them " in William Cooper's
heart's blood."

Cross-examined—Dowing was at home when he said
this. It was the day Mr. Cooper caught him in Audley-
wood. It was more than a week before ill* wakes. I said
nothing of it until a month after the wakes.
Thomas Bolton, a collier, living at Audley-end—l
was at Enoch Wood's on the night of the wakes, about
eleven o'clock. I saw Powys there, and Downing too.
He was with James Smith. Powys said something to
Mr. Wood. I went away in the direction of 'Alsager's
Bank. I passed the Gresley Arms, kept by Mrs. Jones.
When there I heard the sound of a gun. The sound
came from towards Betley. I heard a scream at the
same time.

Robert Weatherley (police-officer).—l remember
Audley wake Sunday. I went to Ormerend that night,
and left Audley after clearing the public-houses, at a
quarter before twelve. I left Wood's beer-shop as the
clock struck twelve. I afterwards went to the Gresley
Arms, and to Silverdale. While going along I heard
the report of a gun in the direction of Cooper's house.
This was nearly half an hour from the time of leaving
Wood's. I sent the two lads, Furnival and Bolton, to
school, by order of the chief constable, about three
weeks ago.
At a late period of the evening it became apparent that
the case for the prosecution could not be closed for some
hours further ; and his Lordship, after directing that the
jury should be kept in safe custody, adjourned the further
investigation of the case until nine o'clock to-morrow
morning.

CENTRAL CRIMINAL COURT.

(Before Mr. Justice WIGIITMAN and Mr. Baron RoLFE.)

THE BANK OF ENGLAND FORGERY.

-------- ---
William Burgess, the young man who stands charged
placeddahpnrei
mifdsr
o.aanuvedTewrrsthirh,teehedti
oinßnt
dhtaphianleeetktamddtehefe'centEko:n
ignl and
conjunctiono f s , oo
with forging the name of Oxenford to a bank transfer, to
,t
hwsaesv
eyreaslt yesterday
prisonereaon n t ianindei cdd madse, nmot
napn
arye fdae
sar
yr
sixe dp
aacsgot a,u inantissdt,
and assist Joseph Elder, or some person unknown, to
personate the owner of certain shares of public stock, of
the value of 8,2001., with intent to defraud one William
Oxenford thereof. In the remaining counts the parties
alleged to have been defrauded were the Governor and
Company of the Bank of England.
The Hon. Stewart Wortley, Q.C., Mr. Adolphus, and
Mr. Clarkson appeared for the prosecution ; and Mr.
Bodkin and Mr. Charnock for the defence.
The prisoner, on being called upon for the purpose,
pleaded Not Guilty.
Mr. BODKIN then made an application to have the
trial postponed till to-morrow morning, on the ground
that the prisoner's counsel had not had sufficient time
since the delivery of their instructions to examine into
the facts and circumstances of the case. The briefs
were only delivered late on the preceding Thursday,
and the Learned Counsel were therefore quite unpre-
pared to defend the prisoner at this early period.
Mr. STUART WORTLEY urged that sufficient time had
been allowed the prisoner to prepare for the defence, and
said he was rather surprised that the delivery of the in-
structions to his Learned Friend had been deferred to
so late a period. It would be an inconvenience to the
numerous witnesses who were in attendance for the pro-
secution
; but if their Lordships assented to the post-
ponement, of course he could not object to it.
Mr. Baron ROLFE, after consulting with Mr. Justice
Wightman, acceded to the application of the prisoner's

counsel, and directed the trial to be brought on at ten
o'clock this morning.
Elizabeth Smith, 21, Catherine Edwards, 20, Wil-
liam Palmer, 21, and Sarah Bing, 24, were indicted
for robbing George Martin upon the highway, and
were also charged with using personal violence to the
prosecutor at the time of the commission of the
robbery.
George Martin, the prosecutor, deposed that, on the
evening of the 25th November, he was in the Wa-
terloo-road, about ten o'clock at night, when he met
the prisoner, Smith, who asked him the way to the
Elephant and Castle, and he directed her the way to
go. While he was speaking to her the prisoner Ed-
wards came out of the side-door of a public-house
close by, and struck him on the eye and knocked him
down. He got up and laid hold of Smith, and a
struggle ensued, and they fell down together, and
while they were upon the ground he felt her hand in
his pocket, and when he got up he missed ten and
fourpence. He called out that he had been robbed,
and had hold of Smith to secure her, when Palmer
and Byng came up, and Palmer shoved him on one
side, and the women ran away across the Waterloo-
road, while Palmer ran off in another direction. He
afterwards saw the prisoners in custody, and identified
them as the persons who had acted towards him in
the way he described.
The prosecutor, in answer to questions from the
Court, admitted that he had been drinking before the
occurrence took place, and was not sober, and as there
was no corroboration of his testimony, the jury ex-
pressed their opinion that the charge was not clearly
made out, and they therefore acquitted the prisoners.
The prisoner, Palmer, was then indicted for felo-
niously cutting and wounding Daniel Martin, a
police-constkble.
This charge arose out of the former transaction.
It appeared that the constable, Daniel Martin, having
received information of the robbery, was induced to
seek after the prisoner, but, in his attempting to ap-
prehend him, he made a violent resistance, and drew
a knife, or dagger, and attempted to stab him, inflict-
ing, in the attempt, a slight wound on his person.
The jury returned a verdict of Guilty, and the
prisoner was sentenced to be transported for fifteen
years.
John Greenhall, 32, was indicted for obtaining
goods by a forged order.
It appeared that the prosecutor is a shoemaker,
named Fribe, and the prisoner went to his shop with
a written paper, purporting to come from the Rev.
Mr. Hall, the Vicar of Hayes, in which the prosecu-
tor was requested to send six pairs of boots by the
prisoner, in order that Mr. Hall might select a pair
that would suit him. The boots were given to the
prisoner, and the paper was soon afterwards found to
be a forgery.
The prisoner was convicted, and sentenced to be
kept to hard labour for two years.
The Court adjourned soon after four o'clock, and
it was formally announced in the course of the day
that there would not in future be any evening sittings.

MARLBOROUGII-STREET.

Tuesday Mr. James James, saddler, No. 8, Bentinck-
street, Berwick-street, was summoned before Mr. Maltby,
by Elizabeth Heslam, for an assault.
The complainant, a good-looking Yorkshire girl, said
she had lived with the defendant as servant for some
weeks, during which period her master had made many
amorous overtures to her, all of which she had rejected.
Her master had also offered her money on several occa-
sions—first a shilling, next half-a•crown, and lastly a
sovereign, which, acting under her mistress's sanction,
who was put in possession of the defendant's proceedings,
she consented to receive. On Friday last her mistress
was sent for to attend her father, who was very ill, in
order that she might remain all night. Before her mis-
tress left home she (complainant) told her she did not
like to remain alone with her master in the house, but her
mistress told her not to mind, but to take clre how she
allowed anything improper to occur. As soon as her
mistress had left the house, the defendant came into the
kitchen, and, after placing himself in a chair, began to
pull her about. She resisted, and the defendant then got
up and shut the door. The defendant gave her a sove-
reign, which she took, and he proceeded to attempt
further liberties. The defendant was only induced to
leave off his improper behaviour, on complainant telling
him that some one was coming. As soon as complainant
got rid of her master she called one of the boys, and told
him she was going out of the house, and should not re-
turn all night. Complainant accordingly left the house,
and did not enter it again until the next day, by which
time her mistress had returned home. She immediately
told her mistress of her master's behaviour, and also
made her acquainted with the fact of his having given
her a sovereign. Her mistress told her to keep the
money, as nothing was freer than a gift, and then sent
for her husband, that he might hear the charge against
him. A soon as the defendant entered the room, com-
plainant said she began to tell the particulars of his con
duct to her on various occasions, but the defendant would
not let her proceed, for he shook his fist at her in a me-
nacing manner, and then took her by the back of the
neck and pushed her violently out of the place. Com-
plainant, at the suggestion of her mistress, applied for
and obtained a summons for the assault.

The defendant, in reply to the charge, said there was
no truth in the girl's story. He had never attempted to
take liberties, nor had he given her money at any time
to induce her to comply with his solicitations. The
fact was, that the girl came to him with a message from
her mistress that she wanted a sovereign. He had given
the girl the sovereign, and the girl had then gone out
and had stopped away the whole night. Having ascer-
tained that the girl's mistress had not seat to him for
the sovereign, and being very much irritated the next
day when the girl made her appearance and trumped up
a story to his wife, in order to cover her misconduct, he
certainly did push her out of the house.
Mr. MALTBY asked the defendant if he positively de-
nied having ever acted improperly to the girl ?—The
defendant declared he never had touched her, or made
improper proposals to her.
Complainait—You know you have, many and many
a time. When mistress was out the other day, did you
not try to get at me in the bedroom, but you could not
because I had locked the door ? Your worship, he never
could pass me when I lived in the house without pulling
my frock or laying hold of my neck. I was so disgusted
with his behaviour that I told mistress about it.

Mr. MALTBY—You say the defendant gave you money,
and you took it ; for what purpose did he give you this
money ? Complainant—He pretended to pity me at
first. He said I was a poor girl, without friends, and if
I wanted to buy myself some clothes he would give me
money. He told me he would give me a sovereign any
time I liked, and that he did not care about spending a
hundred pounds to obtain anything he had set his mind
upon. I told my mistress everything he said to me.
The defendant called an errand boy as witness, but no-
thing of any consequence was elicited.
At the suggestion of Mr. Maltby, the defendant con-
sented to send for his wife.

The wife, who has much the advantage of the com-
plainant in point of personal attractions, entered the
Court and was examined. It was quite apparent that
great reluctance on her part existed to state any matter
unfavourable to her husband. She denied that the com-
plainant had taken out the summons at her request. She
admitted, however, that the complainant had told her
about the money offered by the defendant, and the de-
fendant's declaration about spending 1001. to have his
mind. She also admitted that she had told the com-
plainant to take all the money offered to her.
Mr. MALTBY said he was satisfied that the complain-
ant's statement was true, and he should therefore inflict a
fine of 5/. or three months' hard labour.

The defendant immediately paid the meaey.
A Lieutenant-Colonel, who writes from Tunbridge,
sent 11. for a poor distressed needlewoman, named Ed-
wards. 51. was put in the poor-box, at the request of the
members of the Stock Exchange, being part of the money
subscribed for an impostor named Carr, whose case ap-
peared under the head of Thames police. It was stated
that the subscriptions for this woman and her family ex-
ceeded 2201.

Brompton-row, Michael's-place, and the Fulham-road, to
Stamford-bridge ; thence southward along the Kensing-
ton canal to the river Thames ; and thence along the
said river to the south side of Westminster-bridge, as
aforesaid ; this, from and after the 28th of December
instant, shall constitute a police-court division, and be
assigned to the police-court now established in Queen-
square, Westminster, until the erection of a court-house
on the north side of Vincent-square, Westminster, and
immediately upon the completion of such court-house
the said police-court shall thenceforth be holden at Vin
cent-square, by the name of the Westminster Police-
court.
MARYLEBONE POLICE-COURT.
From the Victoria-gate, Hyde-park, in a line running
eastward along the boundary of the district assigned to
Marlborough-street Police-court as far as Tottenham-
court-road ; thence along the centre of the New-road to
the corker of Upper Seymour-street ; thence northward
along the boundary of the district of the Clerkenwell
Police-court to Maiden-lane, near the North Cemetery ;
thence south-westward to Shoot-up-hill ; thence to and
including Kilburn ; thence to Westbourne-green (in-
cluding the same) ; thence along the Green-lane and
Pickering-place to Queen's-road ; and thence along the
same to Victoria-gate aforesaid, after the 28th of De-
cember instant, shall constitute a police-court division,
and be assigned to the police-court called Marylebone
Police-court.
MARLBOROUGH-STREET POLICE-COURT
From the Victoria-gate, Hyde-park, in a line running
eastward along the boundary of the park to Oxford-
street; thence along the said street (including both sides
thereof) to Regent-street ; thence northward along the
centre thereof, and of Langham-place, Portland-place,
and Park-crescent East, to the New-road; thence along
the centre thereef to Tottenham-court-read ; thence
along the boundary of the district assigned to Bow-street
l'elice-court, as far as Hyde-park-corner ; thence along
the centre of the Knightsbridge-road to the park gate
opposite the Camden Arms public-house ; thence along
the boundary of Kensington-gardens, including Ken-
sington-palace and gardens, to Victoria-gate aforesaid,
from and after the 28th of Dec. inst., shall constitute a
police-court division, and be assigned to the police-court
called MarlbOrough-street Police-court.
CLERKENWELL POLICE COURT.

From the boundary c f the City of London in Type-
street, in a line running north ward along the boundary
of the district of the Worship-street Police-court to
Stamford-hill ; thence westward along Hanger-lane to
Hornsey-lane, and along the same to Maiden-lane ;
thence along the same to Camden-road ; thence along
the centre thereof to the Red Cap public-house ; thence
along the centre of High-street, in Camden-town, and
of Upper Seymour-street, to the New-road ; thence
along the boundary of the district assigned to Bow-street
Police-court to the boundary of the City of London on
Holborn-hill; and thence along the said City boundary
to Bunhill-row aforesaid, from and after the 28th of
Dec. inst., shall constitute a police-court division, and
be assigned to the police-court called the Clerkenwell
Police-court.