The Sun.
London, England, 1827-06-05 00:00:00

MURDER.

Wm. Broadway was indicted for the murder o
his brother, John Broadway, by a blow on his head
with a garden-rake, on the 29th April.
Sarah Birchmore stated, that the deceased and
the prisoner were at her husband's house on the
above day, and, with another young man, had been
drinking together, and before they left her house,
deceased was very irritable, and had had some words
with prisoner's husband. The two brothers, how-
ever, went away in good humour together; they
had always lived in good humour together; believed
that the deceased was irritated, from being disap-
pointed by some young woman; they had always
been greatly attached to each other ; witness saw
the wound a day or two afterwards, and applied
somo Dutch drops to the wound.
Mary Broadway, Islington, mother of the pri-
soner and deceased—On the last Sunday in April
prisoner said he wculd go and fetch John, his bro-
ther, home. Deceased came in with a can of beer;
he was not quite sober; he came in and struck at
the prisoner ; while striking at the prisoner, de-
ceased said he would do for him that night—would
know which was master. When they got out into
the yard, deceased knocked the prisoner down, and
beat him when he was down. Prisoner cried out,
" For God's sake help me, or I shall be murdered."
The watchman came in and took John off. When
they were separated, prisoner struck at deceased's
head, over the watchman, with a garden rake; be-
lieved that he struck him on the head. Prisoner
was much bruised, and bled from the face.
After that John and prisoner slept together, and
were very good friends; did not know the cause of
the quarrel, they had always been on good terms.
Daniel Roe, the watchman, heard the mother call-
ing out for help, and went into the yard and saw
the prisoner and deceased struggling on the ground,
John was beating prisoner on the eyes, the latter's
face was swelled very much ; witness took John by
the collar and pulled him off; he did not make
much resistance; William jumped up, and catch-
ing up the garden rake, which was close to
him, he struck over witness, and hit John
on the head; both had their hats off; it
was a hard blow with the iron teeth of the
rake ; prisoner was in a passion when he jumped
up. Witness was there about ten minutes, and
took the rake from William, who then, went into
the house. Witness wanted to look at John's head,
but the latter would not let him.
John Newsome, proved that prisoner was anxious
for the inquest, and summoned the witnesses himself.
Robert Martin, surgeon, attended deceased on
Saturday, the sth of May, and found three small
wounds, which might have been inflicted by a garden
rake. They were upon the crown of the head.

Took the proper remedies for curing the wounds ;
but John died. Opened the head, and found a
quantity of extravasated blood on the brain. Had no
doubt that the Atith was caused by those wounds.
By Mr. Roes.—lf the wound had had proper
attendance at fiist,it might not have proved fatal.
The prisoner said that he had no intention at the
time to do his brother any harm.
The Jury, without hesitation, returned a verdict
of Not Guilty.
Owen Daintry was placed at the bar, on an in-
dictment for stealing another letter from the Post-
office.

Mr. GURNEY, however, for the prosecution, made
an application to the Court to postpone the trial till
the next Sessions, upon an affidavit which proved
that the witness Linden, who had absented himself
yesterday, after the Jury was charged, was a most
material witness, and was not now to be found. His
employer had sworn that he had no knowledge of
the witness's reason for keeping out of the way.
Mr. ANDREWS, for the prisoner, made little objec-
tion, and the trial was put off till the Next Sessions.
FORGERY.
Cornelius Driscoll and Andrew Morgan were in-
dicted for forging and uttering a forged will, pur-
porting to be the will of John M`Donald, a seaman.
Wm. Ross, the chief-mate of the ship Woodbridge,
stated that they took the deceased on board at
Sierra Leone, by the name of John M'Donald. He
died on his passage home. He had when he died
'57 Spanish dollars, 7s. 6d. in English money, and
,some copper, which he gave to witness in his last
'illness, with directions to take it to Catherine
'lNl'Donald, at Plymouth. When they got to Eng-
land, he gave the money to the captain, to send
with the deceased's wages to his daughter.
Captain Land knew the deceased, and received
the dollars and money from last witness ; when they
arrived in England, witness wrote to her at No. 18,
Fore-street, Plymouth ; knew the prisoner Driscoll,
who called on witness at his lodgings, and said that
Catharine M'Donald had gone to Ireland ; that he
had married the sister of John M`Donald; had a
will left by him before he left England ; witness told
him he should not give Driscoll the money, un-
less he heard from Catharine M'Donald. Driscoll
came to him some time after, and said he was left
executor to all M'Donald's effects ; that ho had
proved the will and got a probate; that if
witness had paid the daughter, he (Driscoll)
should have arrested him, aa M'Donald owed
him six times the sum. At another time Driscoll
produced a probate of a will, which he said was
John M'Donald's; that was at No. 23, Little Bell-
alley; he said he was entitled to every thing that
*Donald had died possessed of. Witness after-
wards paid the prisoner in sterling money IV. and
6d. on the 21st of February, at Paxton and Co.'s,
King's Arms Yard, Coleman-street.
Cross-examined by Mr. PUILLIPI—In one of the
interviews witness told Driscoll that if he (Driscoll)
wrote to Catharine 111`Donald, he (witness) would
have paid him upon his producing her authority;
did not tell Driscoll that if he produced a woman who
would swear herself to be Catharine M`Donald that
he would then pay him.
John Cadwallader, an apprentice, on board the
Woodbridge. Saw Morgan come on board about
three weeks after the ship came home; he asked if
there was a man named M'Donald on board ; wit-
ness told him that he was dead; was sure Morgan
was the man at the bar.
Mary Hughes knew Morgan; he lodged at her
house for about nine months; Driscoll came some-
times to visit Morgan ; he first came in Ja-
nuary last ; he came often, sometimes twice
a day; hear them both say, that they had been
on board the Woodbridge; heard them say some-
thing about money ; ;heard Driscoll say that a
man had left him a will; had seen the prisoners
write together; had seen Mr. Mullinge, the owner
of the Woodbridge; had been to tell him not to pay
them the money, as witness did not believe that it
was all right ; did so by the words that she heard
them say; they had said something about the money
of a man named M`Donald. Never told either of
the prisoners that she had been ; Driscoll went to
Mr. Mullinge for the money ; the latter said to
Driscoll that witness had told him it was not right,
and cautioned him about what he was doing ;
had said something very unpleasant to her after-
terwards.
Cross-examined by Mr. Putturs.
George Mullinge, owner of the Woodbridge.—
The prisoner, Driscol, came to him some time in
February, to ask if a person named John Macdonald
had any pay or money due to him; witness told
him to call next day, when he told him that about
8/. was due ; he asked if there were not some dollars
belonging to him, and said there were 57, he be-
lieved, which he claimed, saying, that he had his
will and power ; witness told him to administer to
the will, produce the probate, and witness would
pay him; witness sent a note to authorise Land to
pay the dollars; did not pay the wages; Mary
Hughes told witness something about Driscoll, and
was going away as Driscoll came; witness said—
' Here is a woman ' charging you with a forgery,
mind what you are about." Driscoll said it was
all right.
Cross-examined by Mr. PHILLIPS—Mrs. Hughes
talked very angrily and wildly when at witness's
lodgings.
Harrison, a clerk in the Prerogative Office,
produced a will, purporting to be the last will of
John M‘Donald. It was proved on the 9th Ja-
nuary, 1827.
James Hawkins, clerk to a proctor, knew Dris-
coll. He came to witness's office on the 9th
February; he brought a copy of a will, and swore
that he was the sole executor of the effects of John
M'Donald; the will was dated 2d January, 1825.
Driscoll fetched away the probate two or three
days afterwards.
The will was here read, to which Morgan was
the subscribing witness.
Mr. Willson, the police-officer, stated that on the
22d of February, Morgan came to the Thames
Police Office, to give information of a felony. He
said it was the will of John MTonald, who died on
board the Woodbridge. He said that ho had signed
the will as a witness, at a public-house where it was
written. He then described the will. It was written
with ink, which had had a little burnt copperas put
into it, to make it look old. They examined the-
water mark of the paper to see if its date would
agree with the date they were going to give the will.
The paper was. dated 1824. Another witness
was named John Browne. His own name
was first. He told me that he had been on
board the Woodbridge, and had learned that
M'Donald had died, and had left fifty-seven del:
tars. Morgan was to have had half the money.
The latter, however, had learned from Captain
Land that Driscoll had received the money from
him. He (Driscoll) refused to give Morgan his
share. He showed witness where to apprehend
Driscoll. He was within a few yards at the time.
Secured Driscoll, and told him that he wanted him
for forging the above will. Driscoll said he did not
know the ship Woodbridge. He trembled, and asked
witness what would be the worst of it in ease of
conviction ? Witness told him that convictions of
that nature generally ended fatally. Witness searched
him, and found the probate of the will in his pocket.
Witness said, " Driscoll, this is the thing." He said
that it was a true will. He said the person who gave
him that was a lodger of his some years ago.
He said that M‘Donald once lodged with Mrs.
Hughes, and that lie knew that witness had received
himself information from her or her daughter; he
said he owed her money, and she had done it out of
spite; witness went to Mrs. Hughes in the morn-
ing, and Morgan said before her, in reply to her
having said that sho had heard Morgan and Driscoll
talking about it, that she knew all about it if she
liked to speak, and that she was to have received
the money for his (Morgan's) board and lodging,
and that she was present when they divided the money
of the last will.
By. Mr. PHILLIPS.—Morgan went into three other
public-houses before the right one ; Morgan was at
liberty from the 224 of February till the 6th of

. •
March. At his exatnipaticm .b.Fore the-Magi/ant°
he might say that what he had told witness was all
untrue. He.was put into•the bar upon that ae"
count. Never asked a man named Barry to swear ,
that it was Driscoll's hand-writing. Never told Barry,;.
that he would get a reward if Driscoll was convict-
ed ; did not know that Sir R. Birnie had turned
Morgan out of the office for prevarication; did not
know whether there was a man named Fallen ; writ ;
present when he had conversations with Morgan.
Pawlett, mariner, lived at 14, Red-lieu'
court, Poplar; knew Morgan and Driscoll; the latter
had been a schoolmaster; had given Morgan 166.,
which he had received from another man, named •
Driscoll; he gave him that money to keep out of tba
way.
Captain Land re-examined--Wrote M‘Donald's
name in the ship's articles, because he (M'Donald)
could not write.
The prisoner Driscoll said, in defence, that the
will was a true one ; that he had received the money,
and was entitled to it. He had several witnesses.
Morgan read a written paper, stating that the Will
was a true one, and that he had gone to the officer,
Willson, out of eh eer spite and malice against Driscoll,
thinking that it would be only temporary trouble',
Willson, he said, had promised him a great reward,
if he would prosecute Driscoll ; and if he could pro-
cure a man who could write, he (Willson) would .
Fire him (the man) four or five sovereigns to swear
it was Driscoll's writing.
Willson was re-examined, and swore it was all
false as regarded himself.
John Barry swore that Willson told him, that if
he could swear to Driscoll's writing, or get any one
else to do it he should have a reward.

- - - _
Roach knew M‘Donald—Before the latter
went to sea he gave a paper to Driscoll.--
Witness was present when they had 0011
words about some money which ArDcylt,,,"
owed him, the latter said. that he could not paY
then, but would give him his will and
power' '
'•
Driscoll took it. Witness could not know it again'
Witness had lodged in Driscoll's house for four-
teen years. Driscoll had always borne a good'
character.
Mr. Baron HULLOCK summed up the evidenci,
and the Jury found the prisoners both Not Guilty.