The Sun.
London, England, 1845-03-07 00:00:00

TRH SUN, LONDON, PRIDAY MOANING, .mAncn 7, 1845.

LAW INTELLIGENCE.

was holding her daughter by both her wrists, and she
appeared to be trying to get away.
Baron ALDERSON said, he could not very well see how
she could be trying to get away when it appeared by the
evidence the defendant was trying to get away from
her, and she would not let him.
This was the plaintiff's case.
iiirr. Sergeant CitAXNELL then addressed the jury for
the defendant, and contended that it was a trumpery ac
tion, which ought never to have bean brought into Court.
lie admitted that there had been a promise of marriage,
and he did not intend to deny the fact, but he submitted
that there was no evidence whatever to show, if the de-
fendant had been let alone, he would not have honourably
fulfilled his promise. It. should bt, recollected that his
wife had not been dead more than twelve months, and it
was very reasonable that he should be desirous to delay
the ceremony as long as possible on that account. He
had promised to marry her in a month, but, instead of
waiting that period, the mother angrily told him that if
she were her daughter, sho would nut wait a fortnight,
took her daughter away, and then this action was
brought. He submitted that there was no ground to
give a verdict at all against his client, but if the jury
should think there was, he trusted that they would
consider the smallest coin in the realm a sufficient recom-
pense for the injury the plaintiff was alleged to have
received.

HOUSE OF LORDS, March 6,

The House sat to-day to hear Scotch appeals. The Peers present
were Lord Brougham, Lord Cottenham, and Lord Campbell. Lord
Campbell presided.
TIIE EARL OF STIRLING I/. THE OFFICERS OF STATE OF SCOTLAND.

This appeal stood on the paper for hearing, but upon its being
called on, hi consequence of some informality, the case was again
referred to the Appeal Committee.

MACKINTOSH C. GORDON.
This case came before their Lordships upon appeal from the
decision of the Court of Session. The question In this case
was as to the effect of a bond executed by Alexander, the last but
one Duke of Gordon, on the marriage of his natural daughter to Mr.
Mackintosh, by which he settled upon her the sum of 5,0001. The
que.tien in the case was whether by that hone( the daughter took the
sum absolutely, or only a life interest in it. The Court of Session
decided that she took a life interest only, and from that decision the
present appeal was brought.
The arguments on the part of the appellant occupied their Lord-
ships the whole morning.

Mr. Baron ALDEUSON having summed up, the jury
found for the plaintiff—Damages, 201.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Baron rAQICE and Mr. Justice WILLIAXS.)
THE BETHNAL-GREEN MURDER.

James Tapping, aged 25, tallow-chandler, was indicted for the wil-
ful murder of Emma Whiter, by shooting her in the neck with a
pistol, on the night of the 07th of January last.
The prisonci, when i laced in the dock, exhibited much iftrtnness.
He is a short stout young man, with a rather unmeaning face, and
certainly has nothing in his features to exhibit deep-seated passions
of any kind.
31r. Doane attended to prosecute, and Mr. Clarkson was engaged
for the defence.

Avanche, who lives in Waterloo-town, Bethnal-green-road, said
that between twenty minutes and a quarter to one o'clock on the
morning of the 27th of January, his attention was directed to something
smouldering on the ground. He 4741 Y that it was a bonnet and ribbon,
and, on looking about, discovered the girl lying in the street with
her face downwards. She was not dead, tier he found some sonsation
in her pulse. She was conveyed to the London Hospital.
Joint Harvey and. Edward Baekhouse gave similar evidence, and
said that a pool of blood was discovered on the spot where she had
lain.

Wm. Whiter—l live at 105, Brick-lane, and lam brother to the de-
ceased. I did not know that the prisoner and my sister kept com-
pany. I never saw them together. I recollect the night of the 27th
of January; my sister came into my house about a quarter before ten
o'clock that night; the prisoner camein a few minutes afterwards. I
took her into the parlour. The prisoner went into the tap-room.
During the time they remained they did not speak to each other. My
sister went away at _twelve o'clock. The prisoner met her at the door,
and they went away together.

By Mr. Justice Wita.httts —They appeared to go away on good
terms, and shook hands with the before they left.
William Slater, a weaver, stated that he lived at No. 4, South
Conduit-street, Bethnal-green-road. I know the prisoner, and I also
knew Emma .Whiter. Whilst I was standing at my father's door,
about half-past twelve o'clock on the night of the 27th of January, I
saw the prisoner and the deceased pass, and go towards King-street.
Ile had his arm round her neck. I then went up stairs to bed.
About six or sevenininates after I heard the report et' fire-arms ;
the soand came front the back of our residence. I looked out of both
the back and front windows, but I saw nothing. The spot where the
deceased was found is about thirty-five yards front my residence.
Cross-examined by Mr. CLattx.soN-1 have known the prisoner for
some time. He has several brothers and sisters—how many I cannot
say. I do not know that he has been very kind and considerate to
his brothers and sisters, as I was not sufficiently intimate with hint to
know. I have been in his company many times and I always found
him a well-conducted and kind-hearted young man..

By a juryman-4 heard the report of tire-arms about six or seven
minutes after they passed the door at which I was standing.
Richard Bunn, a weaving machine-maker—l was in a public-house
called the " Rising Sun," in Sail-street, Waterloo-town, between one
and two o'clock on Tuesday morning, and the house is within it
quarter of a Mile from the place where the deceased was found.
The prisoner's brother was there ; there were about twelve-there al-
together. The prisoner came in about one o'clock. lie appeared in
a very deranged state. He sat dow on the corner of the table, and
spoke to his brothel*.
Cross-examined by Mr. CLARKiON— He trembled, and appeared
very strange in his behaviour. Ile appeared to he in a state of vio-
lent excitement, and seemed confused. He was not collected.
Examination continued—A person named Capes was there. The
Prisoner said, " The deed is done, and cannot be undone." His
brother did not do anything. I said, " Jem, what is the matter with
you ?" His reply was, " What's the matter, indeed ?

- .
" The sun shines bright,
And the moon shims:clear."
I said, " Will you go with me ?" He said, " Yes, I will go with you
anywhere, as you never led me into any harm." He said, " You go
up the court, and I will meet you at the other end." I heard the
prisoner say to Capes, " Capes, I want no more to say to you, for you
have been the cause.of this destruction." I went round the court
and joined again with the prisoner. I asked him to 1;o home with a,c
to have supper, but he declined. He said, " Why should Igo to
supper with you ? Go in doors, and I'll go and see how the young
children are," meaning his brothers and sisters. I went with him,
Ile sat down on a chair behind the door and placed his hands on the
back of another chair, his head resting on them. I then left him. It
was past two o'clock when I left Tapping. I then went to. deceased's
father's house. When I went back to prisoner's house I heard the
father of deceased ask Tapping, " Where is my daughter ?" He
answered, " Yes, I have been with your daughter all thy evening at
your son's."
By Mr. Justice Wittrasts---The prisoner appeared to be sober. He
said he had only two glasses of brandy the whole of the night.
Thomas Whiter—dlive at No. 20, North Conduit-street, Bethnal-
green-road. lam father of the deceased. On the morning of the
28th of January I went to prisoner's house, and found him sitting on
a chair with his heft,: resting on his hands. He was rather paler
than usual. I asked him if he had seen my daughter? He said,
." No, not this night, nor yet the night before " I asked him if he
had.heard anything of her? He then said they both had been toge-
ther that evening at her brother's. lie said he had left her well and
hearty at a quarter.past twelve o'clock at the corner of Mape-street.
Then I left: . _

_ ....
Police-constable Johnson, 206 K—On the night of the 27th of
January 1 went with the last witness to Tapping's house, and in
answer to a question front the father, the prisoner said he bad left the
deceased in the Bethnal-green-road. Exatnined the room, and found
a pistol.
William Crispin—On the morning of the 28th of January I was in
the parlour of the Rising Sun, when the prisoner came in, and I ob-
served that his hand was bleeding. On my observing it to him, he
said he had cut his finger. After some time, he said the deed was
done, and could not be undone, and it would be a mystery to all.
The brother Henry said, " strike me dead, you have shot your
woman !" I then left and went home. .

Thomas Perkins, gunmaker—The prisoner brought me a pistol on
Saturday, the 20th of January, to get the tap repaired. I did so,
and took it to the ItiSing Sun, where I gave it to the prisoner. Saw
him on the following 'Sunday to further repair the pistol. Did so, and
gave it to him.

Thomas Capes, of Bethnal-green Knew that the prisoner
was paying his addresses to the deceased. On the night
of the 27th the prisoner and deceased were at the bar
of Vie Rising run. The prisoner paid some attention to two young
girls there, which excited the anger of the deceased, who struck one
of them. Prisoner interfered and separated them. They then re-
turned to the dance, and continued there till twenty minutes to one
o'clock. I went with the deceased to Lower Conduit-street, as she
said she was frightened of the girls with whom she had quarrelled.
We stood standing at Conduit-street, waiting for the prisoner's coining
up ;he came up, and struck her with his right hand in the face. He
gave no reason for it. I told him not to strike her. He struck her
again, I returned for her bonnet, as they appeared to have made It
up, and were again friendly. I was never in the company of the de-
ceased, except at the ball.

Sergeant Shaw stated that he first saw the prisoner about half-past
three o'clock, at the station, on the morning of the murder. Ile
noticed a slight wound between the finger and thumb of his right
hand.. There was am:Alter wound on the fore-finger of his right hand,
on which there was a piece of plaister, but it seemed to he an old
wound. The other was a fresh wound, and seemed to have bled a
little. (The witness produced the pistol and two bullets ; it was a
pocket one, and about four inches long.) The wound on the prisoner's
hand was one that might have been caused by the recoil of the pistol.
Cross-examined by Mr. CLARKSON—Asked the prisoner if he had
been in company with the deceased the night before. He said he had
been with her at her brother's. Ile also said lie was an innocent
man, and that he had kept company with her for two years. Asked
him about a . spot of blood on his apron. Ile said he did not know
that it was there, and said " I suppose it must have come from my
hand," meaning the old wound. It was then I noticed the slight
wound between the finger and thumb. Before he made these state-
ments I lent cautioned him.
Mr. 'William Cummings, a surgeon at the London Hospital, said—
Soon after one o'clock, on Tucaday morning, the 28th of January, the
deceased was brought into the hospital—she was quite dead. There
was a black patch on the left side of her neck. It appeared to have
been caused by a pistol-shot.—(The witness then ,howed the position
of the wound, by pla2ing his hand on his neck.) There was a great
deal of blood on her clothes. liar hands were slightly smeared, as if
they had been touched with bloody fingers. I afterwards made a
pear mortem examination, and found a wound in this black patch,
which proceeded upwards to the top of the spine. I extracted two
bullets and some wadding, and have no doubt that they were the
cause of her death. These are the bullets.
The deceased's father was re-called, and said that he had seen the
body of the deceased, and that it was the body of his daughter.
-Mr. CLARKSON then addressed the Jury on behalf of the prisoner.
Mr. Baron PARSE afterwards summed up, and recapitulated the
evidence already given by the different witnesses.
The jury having consulted for two or three minutes, returned a
verdict of Guilty.
Tke Learned Judges having put on their black caps,
Mr. Baron PARKE proceeded to pass sentence on the prisoner. He
said—Prisoner at the bar, James Tapping, the time has now conic
adie❑ . you are to receive the sentence which the offended
jastice of your country requires for the dreadful crime
of which you have beets most justly convicted. The jury after a calm
consideration of tke evidence adduced before them, have cotne to the
conclusion that you are guilty of the crime laid to your charge, and I
think no one in this assembly who has heard the evi-
dence, can entertain the slightest doubt that you
committed the enormous crime of taking the life of a fellow-creature
In a moment of unsuspecting confidence on her part. You took away
tier life without giving her time for t efiection—without giving an in-
stant for repentance. 'What could hare driven you to commit a crime
like this ? A feeling of jealousy was no doubt at the bottom of it.
It is now my duty to pass the sentence of the law upon you, a sen-
tence which wilt unquestionably be carried into effect, for I
cannot hold out to you the slightest hope of mercy on
this side of the grave. Before that sentence, however, be car-
ried into effect, that time will be left you which you did not allow
to your unfortunate victim ; and I trust that reflection will bring to
you sincere repentance for the sins you have committed. You will
be assisted by the chaplain of the gaol in your devotions,
and I most earnestly implore you to devote every moment of the
brierperiod you have to live in preparing yourself for the great change
that awaits you ; and your fate will, I trust, be a warning to others,
not to give way to violent passions. All that now remains for me to
do is to pass upon you the sentence of the law for the crime you have
committed—that for this crime you be taken from hence to the place
from whence you came, and from thence to the place of execution,
there to be hanged by the neck till you are dead, your
body then to he taken down and to be buried within the
precincts of the gaol : and may God have mercy upon your soul.
(The Learned Judge, while delivering the sentence, was so deeply
affected, that at times he was quite inaudible.)
The prisoner who, during his Lordship's feeling address, had lis-
tened with the most earnest attention, at the conclusion bowed pro-
foundly, and was then led from the bar. •

• NEW COURT.
The Court was occupied during the morning in trying petty cases
of no interest.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.

Jobs Green, a shabbily-dressed man, between 30 and 40
years of ags, was charged with burglariously breaking the
shop-window of Mr. Charles Wright, of No. 11, Lisle-street,
Leicester-square, watch and clock-maker, and stealing there-
from a case containing three gold watches and seven silver
watchoil, of the value of between 50/. and 601.
The prosecutor stated that about a quarter to eight o'clock
last evening, as he was sitting in his shop, he heard one of
the panes of glass in the window break, and saw,a man's
hand inside, amongst the watches displayed for sale. He
instantly rushed to the shop-door, but could not get out, as
it had been tied by some twisted string to the scraper. The
case of watehm produced he had seen safe in his shop-window
but about a minute before.

Police-constable, No. 163 of the C division, stated that as
he was on duty in Bear-street, Leicester-square, he saw the
prisoner come running in the direction from Lisle-street,
followed by a neighbour of the prosecutor, who had seen him
thrust his hand through the window, calling "Stop thief."
Witness joined in the pursuit, and, as the prisoner was pass-
ing a hoarding on the east side of the square, inclosing the
sits where Julien's Hotel formerly stood, he saw him throw
something into the excavations there. He continued in
pursuit of the prisoner until he was stopped by some gentle-
men in Green-street. His right hand was found to be cut
very severely.
l'olice-constables 165 and 81 of the C division proved
finding the cases and watches on the spot where the prisoner
was seen to throw something from him.
The prisoner, who is a well-known thief, was fully
committed.

Tuesday morning a shopman, in the employ of Mr.
Byefield, operative chemist, of Exham-street, Paddington, was
odiously injured by the accidental explosion of a Inlminating mix-
ture, which blew out the windows of the back warehouse, and knocked
the shopman down senselesS. It is feared the young man will lose the
sight of both eyes.