The Sun.
London, England, 1845-12-19 00:00:00

CENTRAL CRIMINAL COURT.
OLD' COURT.

(Before the Lord Chief Justice TINDAL and Mr. Jus-
tice PATTESON.)
THE MURDER AT NEWINGTON.
Samuel Quennell, aged 22, was indicted for the wilful
murder of Daniel Fitzgerald.
Mr. Bodkin, with whom was Mr. Clarke, conducted
the prosecution; and Mr. Clarkson and Mr. Huddlestone
conducted the defence.
Mr. BODKIN stated the case to the jury, briefly set-
ting forth the leading points of the evidence. He then
called
Owen M`Carthy,_who stated that he resided at No. 6,
Queen-street, Walworth. Has been in the employment
of Mr. Wm. Quennell, a builder, in Lower Kennington-
lane. Was in his employment on Thursday, the 27th of
November. Had known the deceased Fitzgerald. He
was also in Mr. Quennell's employment, and was there
on that day. He left work at about five o'clock in the
afternoon, and proceeded towards Kennington-lane.
Deceased was in his (witness's) company. They crossed
the Newington High-road, and then went into Peacock-
street. When they got there witness saw the prisoner
vowing towards them. Had known the prisoner about
10 or 11 weeks before that time. He had been in the
mployment of Mr. Quennell, but had been dismissed.
There is no carriage-way in Peacock-street, it is quite a
narrow lane. The prisoner came close to them, and im-
mediately afterwards his (witness's) sight was taken
away by a sudden flash ; he at the same time heard a
report. As soon as he could see he saw deceased lying
down, who said, " I am a dead man." The prisoner
then walked quietly away towards Newington. Witness
followed him, and cried out after him. Witness aw him
stopped. Witness then went to prisoner's brother, and
afterwards to the station-house. Had seen the prisoner
at 12 o'clock on that day, not 20 yards from the place
where the murder was committed. Was present at the
inquest on the body, and identified it.
Mr. Henry Cutting was then examined by Mr.
BODKIN—He stated that he is clerk to his father, Mr.
Charles Cutting, a solicitor in bankruptcy. On Thurs-
day, Nov. 27, was near the corner of Peacock-street.
He turned down Kennington-lane, which almost faces
the end of Peacock-street. When he got near the
corner he heard the report of a pistol, and saw a man
running down Kennington-lane. He was followed by
some others, who were calling out to stop him. Witness
stepped aside until the man who was pursued came up to
him, and he then seized him by the collar. That man
was the prisoner. Some of the pursuers came up, and
one of them attempted to seize his collar roughly. The
prisoner said, " One is enough," and then " Take me
to the station-house." Witness went with him to the
station-house. He was then asked whether he had any
knife or pistol with him. He said no; but as they were
about to search him he put his hand into his trousers
pocket, when the constable seiztsd his hand and took a
pistol from it. The cock of the pistol was down, and a
portion of an exploded cap upon it.
By Mr. HtJDDLSSTONE—When witness first saw the
prisoner he was 50 or 100 yards off. He was quite cool
when witness collared him, and stopped at once. There
was no person with witness when he stopped the

prisoner.
Henry Martin Hallam was then called—He stated
that he is a barge builder, residing near the Waterloo-
road. On Thursday, the 27th of November, he was in
Kennington-lane. It was about five o'clock in the
evening. Witness was near the Newington-road, not
far from the police-station. Saw the prisoner, who was
running towards him from the Newington end. He
passed witness, and he then heard some people calling
out to stop him. Some person then collared him; and
witness then seized him also.
Harriet Denyer stated she was in Peacock-street at
five o'clock on Thursday, the 27th of November. She
was in the narrow part of the street. She heard the
report of a pistol, and saw a man falL She afterwards
went to the spot, and when a light was brought she saw
that it was Fitzgerald. She had known him by sight.
On hearing the report a man passed rapidly by her, and
almost knocked her down. That man went towards
Newington-butts. Had seen the man before, and knew
him by sight. The prisoner is the man. He walked to
the end of the street.
Mr. Wm. Hope Popham stated that he is a surgeon,
esiding at Queen's-row, Newington. He was near the
Peacock public-house at about five in the afternoon on
the 27th of November. He heard an explosion of fire-
arms. In consequence of information he received he
want into the Peacock tap-room. He there saw the de-
ceased supported by two men. There was a wound on
the left breast. He was very much exhausted, and died
in less than a minute. Afterwards made a .post modem
examination. Found that the wound passed through
the heart and lungs,
Thomas William Carter, inspector of police, stated
that on the 27th of November, he was on duty at the
police-station in Kennington-lane. The prisoner was
brought in by Mr. Cutting. After the examination
witness asked if he had a pistol or knife about him, and
he said that he had not. Witness ordered him to be
searched, and when the constable commenced he put
his hand into his trousers-pocket, and pulled out a pistol.
Witness seized it, and found a part of a cap on the nip-
ple. Witness also found a rule and a piece of cord on
him. Witness afterwards searched his lodgings at
Frederick-place, Newington-butts. It was not more
than twenty yards from Peacock-street. A box was
pointed out to witness as the box of the prisoner. On
opening the box witness saw eleven bullets. On the
mantel-shelf he found eleven percussion caps, some shot,
an-I a small quantity of powder.
John Wilson stated that the prisoner occupied a room
in his house. Witness pointed out the prisoner's box to
the police.
William Quennell was then sworn—He stated that he
knew the deceased. He worked for witness, and had
been in his employment seven or eight years. The
prisoner is a half-brother of his. His age is about 22.
He had Leen employed by witness for about five months.
He made himself generally useful. He had been to
sea before coming to work with witness. Had told him
to look out for work elsewhere as business would be
slack ; that was three or four weeks before the com-
mission of the act. The last day that be worked for
witness was Wednesday, the 19th. He came to witness
on the Saturday before the murder and received Bs.
The prisoner had a conversation with witness's wife
about his leaving off work. His wife said, " How came
you to speak so unkindly against William after he has
been so kind to you." The prisoner appeared surprised,
and wanted to know what it was that he had been say-
ing. She told him that Daniel Fitzgerald had told her
that he (the prisoner) intended to give William a knock
on the head, and also that the prisoner bad said that if
• he got money he would set up an opposition business
next door. His wife also remarked that she had not
said all that Fitzgerald had told her. The prisoner said
that Fitzgerald had urged him on to speak against wit-
ness, and that it was all Fitzgerald's fault. A gentleman
then came in to pay a bill, and that put an end to the
conversation. Could not say whether the conversation
took place before or after the payment of the Bs. Wit-
ness told him that evening to look for work elsewhere.
Fitzgerald and the prisoner appeared to live on good
terms.
By Mr. CLARKSON—It is about four years since the
prisoner went to sea. He 'returned in January last.
his return home his mother was living in Brandon-
street. Witness saw him every time he returned from
sea, as lie always called. Up to the time that be last re-
turned from sea he had always conducted himself quietly
and properly like any,otber man. Witness had observed
of late that his conduct and character had very much
changed. Other members of the prisoner's family had
been unfortunate in the state of their minds. His father
had been subject to fits of insanity. The prisoner had
a brother that died about two years since. Had a sister
named Sarah, and saw her up to the time of her death,
which occurred about 12 years since. She used to com-
plain of her head, and used at times to be quite uncon-
scious. Had heard something about the brother that
died, but never noticed anything himself. Witness was
separated from his father before his death. His death
occurred through his being thrown out of a chaise.
Was present when his father imagined that there were
devils in the drawers of his room. No representati, n
made by Fitzgerald was the cause of his telling the pri-
soner to seek for work. No such statement was made
to the prisoner. His attention had often been called to
the prisoner's conduct about three or four weeks before
the murder. Has told the prisoner to do things, and he
has answered in a peculiarly indifferent manner. His
wife remarked it also.. Hag heard that tha prisoner had
set the bed on whic'h'he was lying ou fire.
Re-examined by Mr. BODKIN—His father was never
placed under any restraint for any insane fits. He
managed his business himself, and sometimes employed
50 men. The prisoner, up to three or four weeks before
the murder was like any other man, but from that period
to the time of the murder his conduct was not that o

a man in his sober senses. Had never seen anything in
the prisoner's conduct before Fitzgerald's death that
could induce him to swear that he was not of sound
nrinci, but he had remarked to his wife that his

conduct was not that of a man in his senses. The pri-
soner was always of a violent temper. Did not tell Fitz-
gerald to look for work, as he always kept him.
By the COURT—His brother knew that he did not
intend to discharge Fitzgerald. The other men did the
same work as the prisoner and Fitzgerald.
Julia Quennell stated that she is the wife of the last
witness. Remembers the prisoner coming on the night
of Saturday, the 22d of September, to be paid his wages.
Had a conversation with the prisoner about something
that he said. That was in the presence of her husband.
On telling him something that Fitzgerald had said of
him, he appeared very much dejected and hurt. Fitz-
gerald had made a statement to her the day before.
By Mr. CLeaxsox—The prisoner had appeared very
much dejected for six months before the murder, but for
three weeks before it, witness could not get a proper
answer. Has noticed the prisoner to sit by himself
with his eyes fixed on the ground apparently quite lost
v) himself. For th.: last three weeks bef.re the murder,
he could not give a proper answer. liar husband was
always very attentive to him. There had been no cause
for hl4 apparent dejection. Witness could not tell what
to make of it, and spoke of it to her husband. lias
heard her husband talk of his father, who was deranged
during his lifetime.
Re-examined by Mr. BODKIN--The prisoner on his
return from his vo3 ages always appeared to be cheerful.
Ile used to answer of late in a gruff surly manner, and
sometimes not answer at all. lie used, however, to do

whatever he was told to do.
James Parkes stated that he is a plane-maker, residing
in Timothy-street, Newington. On Saturday, 22d of
Nov., he was at the shop of a Mrs. Tubbs, in the New-
cut, Lambeth. It was about eight o'clock. The pri-
soner was there. He came up to the shop, and took a
pistol which was hanging at the door, and examined it.
Ile pulled the trigger, and the cock broke. Wit-
ness heard that ss. 6d. was the price of the pistol.
The prisoner paid 2s. for the damage done. He came
into the shop after breaking the pistol, and purchased
another, for which he paid ss. The pistol produced is
like the one that he purchased.
William Welling stated that he is an oilman, residing