Star.
London, England, 1823-07-28 00:00:00

consideration of a chain of circumstantial evidence,
and he feared that the Jury must, even on that
evidence, come to the conclusion that the prisoner
had perpetrated the horrid crime with which he stood
charged; but in addition to that evidence he had to
lay before them the confvsion of the prisoner himself,
made without any inducement from hope or fear to
various persons, and among others to a most re-
spectable clergyman, whom he should call. The
Learned Counsel then detailed some of the leading
facts of the case, and called the following evidence:
Mary Down, examined by Mr. ToNaIN.—I liVed
at Worlington. I was there on the llth of July last.
My sister was with me on that day. We were at
work at Mr. Cobley's. Ile lives about half a mile
from us. We left work a little alter seven o'clock.
We went then to the hind's house (Thomas Gunn).
We remained there about.an hour, and we then went
to Elizabeth Cole's, at Moor-end. We saw John
Radford there. Samuel Melhuish was there in com-
pany with him. The prisoner asked me to drink. I
would not. I said he should ask the right person,
and he said which of the two would take the cup and
drink should be his wife. I have seen him in com-
pany with my sister before. She took the cup, but
whether she drank or not I do not know. After a
time I asked her if she was going home, and she said
she would overtake me before I got home. I went
homeand left them there, and saw nothing moreof her
'alive. I SAW nothing of her till she was found dead
on the following Sunday. This was on the Friday.
Cross examinedby Mr. FRASER.—Shehad an apron
on at the hind's house: it was tied round her waist.
Elizabeth Coles examined.—l live at East W'orling-
ton. I saw the prisoner at•my house ; he came
about eight o'clock in the evening, on the 11th
July. Melhuish was with him. 1 saw Mary Down
there that evening, andher sister. Sarah Down was
hiring herself wall. me as nurse : the prisoner took up
a cup and asked Mary Down to drink, she said)" No,
I would rather not, ask of the right ;" he said, " that
of you two who drinks with me shall be my wife:—
Before they came in, I wished fur Sarah Down to
come in : he appeared pleased, and said, " Do you
look for her ?" I said yes; he smiled and said, "That
is the thing ; she is going to be my wife. I shall not
go home till I have seen her." It was nine o'clock
when the two women came in, and Sarah stayed after
Mary went away. Sarah, Melhuish, and the prisoner
went away, in about a Touter or half an hour after-
wards. Sarah had a basket and a jug in her hand,
when they went out ; the prisoner took the basket,
and she the jug.
13y the JUDGE.—Sarah appeared in good spirits.
Samuel Melhuish examined.-1 know the prisoner.
I was in company with him on the 11th of July last.
Sarah itnd Mary Down came in. Sarah came to
nurse Mts. Cole. The prisoner asked Sarah Down
to sit on the settle with him, and she did. 1 did not
hear what he said. Mary went away-first, and she
desired her sister to go with her, hut she stayed with
the prisoner about half :in hour, when she, I, and the.
prisoner, went away together. The prisoner had a
basket. I parted when we got outside the door. She
appeared in good spirits. The prisoner and I had
each of us drank a quart of cider only.
William Phillips examined.—l know the prisoner,
and knew the deceased. I met Sarah Down and the
prisoner on the road to Moor-end ; it was about ten
o'clock on Friday night. It was the road from Mrs.
Cole's house to East IVorlington. I wished Sarah
Down a good night, and passed on.
James 13ourtre.-1 live at Worlington. I met the
prisoner and Sarah Down. The woman then had
the basket and jug in her hand, and he had nothing.
This was on the Ilth of Juiy.
Cross-examined.—lt was on the Friday. Somebody
told me it was on the 11th of July. My belief is
founded on what I was told. It was two days before
I heard she was found. On the Sunday morning I
heard she was found. _ .

John Down examined.—l am the brother of the
deceased. She lived in the same house with me.
was at home on the night of the 11th of July. My
sister Sarah did not come home thatt night. On the
next day, about half-past eight o'clock, when I re-
turned from labour, I went to Radford's, and my sis-
ter went with me. I asked if he had seen anything of
Sally Down? He said he had not seen her since the
last night at half-past ten o'clock, when he left her at
Smith's. Smith's is about twenty• five land yards from
Cole's house, and about half a mile from the river.—
I then returned home, and sent to my brother's to
know if •he had been there. _

James Bourne recalled.--I met them nearer to
Mr. Cole's house than the 6tatton-gate.
Wm. Phillips recalled.—l met them at the Grat-
ton-gate. Thery had not passed it.
%1 m. Headworthy examined.—l live at Worling-
ton, and was employed to search the river. On Sun
day morning, I founi the body floating in the river,
near Mr. Smith's field. The water runs on one side
of the field. It was near the linhay.
Cross-examined.—The bank of the river is almost
upright. The deceased's apron &tiring was round
her neck.

- By the Junoz.—There was no patlrnear the river.
It is more than half a mile from Grattonate. I saw
no mark of footsteps on the bank, as if any person
had been struggling there.
Richard Hodd examined.—l assisted in searching
for the deceased, and went with my brotherin-law
to the prisoner's house at one o'clock in the morning.
He was up stairs, and was only partly dressed when
he came down. I asked him if he knew anything of
Sarah Down ? He said he had never seen her, and
knew nothitig of her since he had left her at the
Grafton-gate,when he had turned in at Phillip's-gate,
about a yard off. He could not utter Isis words, and
stood in a very trembling state. I told him the wo-
man was lost, and had newer been seen or beard of
since she was with him, and there was strong sus-
picion against him. To that he made no answer. I
told him he must go with me to Witheridge, and I
should put him is the hands of the constable there till
the body was found. He said he would go to any
place. I said it was an early hour to call up the land-
lord, and he might, if he pleased, either go up to
Witheridge, or along with me to search for the body.,
We went to Sarah Down's, to see if she had come
back, and I kept asking him if he knew anything of
her, and whether she had never told him that she was;
with child by him? he said no, never. We went to
the house of Sarah, but not finding her there, we
agreed to viand search for her. I said to him, 4, I
am 3 stranger, so we will just go to any place where

you think proper." He said it was best to go up town
(away from the river), as he had never seen her since
parting with her at the Gratton-gate. We wcl%t on
in that way, and found nothing of her. • We were
going towards a lake which empties itself into the
river near where the body was found, when he said
to me, that on the Friday week before that; he was
coming from Stone and she from Horseforcf, and they
met in the road together, and she asked him if he knew
what the people reported of him and her ? he replied,
" No, what is it r She said, " They say I am with
child by thee." He said, " Nonsense ! you be'nt with
child by me, and I won't father it." We (the pri-
soner and witness) then got near the lake, and I said
" Which way had we best go ?" and the prisoner
said, " We had better go up the bottom;" that was
going from the river, I said, " I would not go that
way, I would, go down and search the great river."
Whilst we were talking, some men came up and said
the body was found. The prisoner was like a man
struck dead: he could scarcely utter a word, or get
over the hedge, and the tears trickled dot n the face
of him. Weled'him to the branch or the river where
the body was. I said nothing to him after the body
was found, and the prisoner said nothing, not a word,
but cried very much. When we came to Smith's
meadow, Smith sent for some cider to drink. I de-
sired him then to tell me Nhere he had put the basket,
because the sister was poor and could not afford to
pay for the things that were in it. He said the basket
was in Mr. Smith's linhay (a sort of out-house in a
farm-yard, where the cows are sometimes kept.) The
linharis about 13 or 14 land yards from the place
where we found the body. He stood by all the time
the body was being taken out of the water: he was
crying nearly all the time. We took him in custody
to the public.honse, where I asked him if anything
had bred any angry words between them? arid he
said, no, never. I asked him how he could think of
killing her, if he bad had no angry words? he said he
never thought of it till the very moment he did it. I
asked him if he had tied the apron-string round her
neck? he said he did not, but that she had done it
herself, because it had rained. I then asked him if
he had struck her on the face? because there was a
mink on the right side of her face: he said no, be
could not account for the wound, and he said, he
should not have done it if he had not been drunk.

Cross-examined by Mr. FnAsen—l never toldhim
it would be better for him to confess. _ _

Henry Burgess examined—l am a constable. The
prisoner was put into my custody on Sunday morn-
ing about seven o'clock. I told him for what he was
in custody, and about 11 o'clock he sat down and
was crying very much. I said, 68 My man, I think
this is a bad job, you seem to think a good deal of
it ;" and I asked him whether he had hurt the woman,
and whether he was along with her? He said, hewas
with her, but he did not say he had hurt her. I said
again, " It is a bad job, and I am afraid you are
guilty of what you are here for." He made no answer,
but cried very much. Shortly after he said, "Oh !
(and clasped his hands together) I never thought of
it till the moment I did it; I was very drunk at the
time, or else I could not have done it." I then asked
him how he came to be talking about the basket?
86 You said the basket was in the Bohn ;" I said.
He replied, " I did." I asked him if hi was in the
linhay with the woman? and he told me he was. I
asked how long they stayed there? He said heitayed
there while it rained. I said I supposed it was the
place where they went a courting? He said, " No,
he never was in the linhay before. I asked him whe-
ther he went out with her? and he said that he had
told her he should go home, and that the had better
gn on to her own house; she said she should not go in
just directly, as she was afraid her sister was not
asleep, and if not, she would fall out with her be-
, cause of her coming in so late. I then asked him if
they went out of the linhay together? he said they
&J. I asked him whether they went towards the
marsh or towards the water? and he said they went
' towards the water, and walked up and down. I
asked him whether he threw her in the water or not?
but he gave me no answer. I asked him if she'
struggled much in the water? but he gave me no
answer. I said, " My man, I really am afraid /on
did do it ; I am afraid you threw her in the water."
He cried very much, and I said " Good God I I am
afraid you are guilty." He said, " I never thought
of doing it, neither should I have done it then, had I
not been drunk at the time."

The Rev. Perry Dickin was then sworn, and was
about to be eximined touching the confession which
the prisoner had made to him on Sunday whilst he
was in custody, but Mr. Fraser, the prisoner's Coun-
sel, objected to receiving it in evidence. "
Mr. Justice BEST concurred with the Learned
Counsel, and thought the evidence, under all circus-
stances, should not be received, although the Rev.
Gentleman had not held out any of the ordinary in-
ducements to extort the confession.

Thomas Cross examined.—l am a surgeon. I was
called upon to examine the body of the deceased on
the 13th of July. I opened the body, and found all
the viscera perfectly healthy. She was in a state of
pregnancy—about six weeks or two months gone with
child. I observed a slight discolouration of_theskiu
ender the right ear. Her countenance was much
bloated and swollen. I think she died from suffoca-
tion from immersion in the water. The mark I saw
was not sufficient to produce death. There was no
mark of violence sufficient to have produced death.
Cross-examined.—l did not open her stomach. I
did not think it necessary. I opened the cheer of the
deceased, but found no water there. It is only when
the body begins to decompose that it will float. That
will generally take place in about a week. lam
aware of what takes place in drowning—the lungs
get exhausted, and a quantity of water gets into the
stomach. A body drowned would be , specifically
heavier than a body killed by other mewl's, and then
thrown into the water.

Is it not reasonable to suppose, from this body
floating so soon, that such was the case here?—She
might have been buoyed up by ber clothes. I never
saw a body taken out of the water before. It is not
often that a body bleeds after death. I did .not open
the skull, but I opened the part under the bruise,
and the appearance under the skin was perfectly
healthy. The blow might have stunned her. The
diaphragm is depressed towards the chest' when the
body has been immersed, after death. The diaphragm
was so depressed in tliis instance.
Re-examiaed.--A person.struck and stunned in
falling would drown the more seedily. The blood

......b.-----
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31st day of

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