The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-04-19 00:00:00

HORRIBLE AND ATROCIOUS MURDER,

In our Tuesday's edition we briefly: stated that a brutal
assault had been committed upon a wife by her husband, and
that a policeman, who interfered to protect the woman, was
mortally stabbed in the throat. The circumstances con-
nected with this frightful outrage are of a more serious nature
than we were then made acquainted with. It appears that
the assailant, whose name is Daniel Cole, a lumper by busi-
ness, resided with his wife in a court off College-lane, and
that on going home, about ten o'clock last night, he found
his wife in a most disgraceful state of intoxication. The
reputation of both, in their neighbourhood, is very bad—he
is described as a violent and drunken character, and is said
to have been already in custody on a charge of stabbing—she
has been a most abandoned character, and known to the
police of the district as a regular street walker. On the
present occasion, their quarrel was of an unusually violent
nature, and so riotous as to attract the attention of the police.
The unfortunate deceased entered the house, and seeing that
Cole was armed, it is supposed withdrew to procure assist-
ance. He had no sooner turned his back-, than the prisoner
ran out of the house, and attempted to escape. He was
pursued, and on being overtaken by the deceased, in Hanover-
street, he made every possible resistance ; in the struggle he
stabbed the deceased with a knife, in the throat, which imme-
diately prostrated him to the earth. The blood gushed forth .
in the most awful manner, and the spot where he lay resembled
the pool of blood of a slaughter-house. On raising the body,
to discover the nature and extent of the wound, it was found
that it had been inflicted with a knife resembling a shoe-
maker's. The carotid artery was completely divided, and
such was the rapidity of the flow of blood from it, that the
medical gentlemen (Drs. Macintyre and Callan) who were
called in, stated that the body must have been completely
emptied of blood in the lapse of ten minutes, and that all hu-
man assistance, even at the instant of the infliction of the gash,
would have been totally unavailable. The name of the police.
man is Bailey (No. 338). He is a native of Yorkshire, and
has left a wife and two children to deplore is sudden and
premature death. The residents of the streets in which he
patrolled give him the most unexceptionable character, for
propriety of conduct and peaceableness of demeanour in the
discharge of his duties. The wretched woman, whose dissi-
pated and irregular course of life led to this horrible murder,
was dreadfully mangled about the neck and throat by her
husband. The wounds inflicted upon her bled profusely, and
she is now lying in the Infirmary in a hopeless condition. A
sailor, who also interfered along with the policeman to save
the woman, received several wounds on the hands and face
from the prisoner, and it was found necessary to use consi-
derable force in order to restrain him from committing fur-
ther violence. He was finally, and with considerable diffi-
culty, taken to Bridewell, and was instantly handcuffed, his
hands being pinioned behind his back. On being visited, in
a few minutes after, by one of the officers, it was found he had
contrived, in a most adroit manner, to pass his body and legs
over his hands, and thus succeeded in getting his arms in
front, of his person. His arms were then secured in their
former position, and he became perfectly quiet.
The melancholy occurrence has produced a great sensation
in the neighbourhood where it occurred, and at an early
hour in the morning, College-lane and the adjacent streets
were crowded by persons anxious to learn the particulars of
the shocking event. The door of the public-house (the
Grapes) in which the body lay was literally besieged by in-
dividuals desirous of obtaining a view of the deceased.

CORONER'S INQUEST ON THE BODY OF DAVID
BAILEY, POLICEMAN (No. 338.)
The inquest on the body of this unfortunate man, the cir-
cumstances of whose murder on last Monday night we have
stated above, took place in the Sessions-house, on Wednes-
day, before P. F. Currie, Esq., coroner, and a jury con-
sisting of fifteen members. The coroner and jury had viewed
the body of the deceased on the preceding day, but in order
to give sufficient time for procuring the attendance of all the
witnesses, the investigation was postponed.
At twelve o'clock, the hour fixed upon for commencing the
proceedings, the court was extremely crowded, and continued
so till the hour of adjournment. A great number of females
were present, from the commencement to the termination of
the inquest.
When the jury had taken their places, the Coroner ordered
the prisoner to be brought forward, and the utmost anxiety
was manifested to see him. The conspicuous situation in
which he was placet—in the front of the dock of the crimi-
nal court, where criminals are usually arrainged—was not
sufficient to gratify the morbid curiosity of those present.
The streets and passages to and from the Bridewell to the
Court, through which he had to pass, were thronged by per-
sons of both sexes on his entrance and departure.
When placed at the bar, he looked perfectly composed, and
appeared unconcerned for the scrutinizing gaze of those as-
sembled. During no part of the proceedings did he display
the least emotion, nor could it be said his cool and quiet
demeanor was the consequence of indifference or insensibility
to his situation. The only perceptible change in his coun-
tenance that took place was when the knife was produced,
with which he had attempted to cut his wife's throat, and
then inflicted the fatal wound on the deceased. He restless-
ly looked about the court until the instrument of destruction
was removed, and then assumed his usual composure. Not-
withstanding the violent and dissipated character he bears,
there is nothing in his looks to indicate either ferocity or de-
bauchery. He is a person of middle stature, stout built, and
of a dark complexion. He was clad in the ordinary working
dress of a labouring man.
The CORONER stated to the jury the nature of the case it
was their duty to inquire into. He said the prisoner, Daniel
Cole, stood charged with the murder of policeman David
Bailey, on the night of Monday last, the 11th day of April.
The coroner then took occasion to mention to the gentlemen
of the press the great necessity there was for exercising a
sound discretion in the publication of evidence taken before
a-coroner's inquest, and instanced the mischief that resulted
from the practise when carried to too great an extent, in the
case of the Newcastle murder. The excitement that was
occasioned in the public mind, by the publication of the evi-
dence in that case, rendered a postponement of the trial
necessary, as it was alleged that a fair trial could not be had.
The consequence of postponement under such circumstances
might be, that in the meantime the principal witnesses might
die, and justice be thus defeated.
Alice Murphy was the first witness called. Being sworn,
she said,—l am a married woman, and live in a house in
College-lane. Did not know the deceased, Bailey, but I saw
an officer go into Green's-court, between ten and eleven
o'clock, on Monday night last, while 1 was standing at the
end of the court in which I live. One officer and some other
men along with him passed me, and went up the entry.
Before this I did not hear any noise, but shortly after, the
officer came out and knocked his click on thp grrm n d After
this he went clown college-lane, towards Paradice-street.
While he was away, the prisoner, who I know by sight,
though I don't know his name, but I have heard him called
Daniel Cole, came down the entry, passed into the street,
walking quite slowly, I did not then observe a knife in his
hand. Before I was standing at the bottom of the entry,
I was in the prisoner's room, in the house where the prisoner
lodges. He and I lodged in the same house. While in the
room, the landlady, the prisoner's wife, and I, were at the
fire, when the prisoner came in. After he came in, I was
lighting the candle to go to bed, the prisoner's wife put it
out, and I lighted it again—she tried to put it out a second
time, and he said, " is that the way lassie"—she then told
me to put it out. I said I would not. He said again to his
wife, is that the way with you my lassie"—" what's your
humour for putting the candle out," or words to that effect.
I cannot say whether the prisoner's wife was sober or drunk,
but she had taken a drop. She said, "I am not drunk,
dear, lam not drunk." Directly afterwards, she slipt, or
fell over some chairs. I cannot say whether he pushed her
down, or she fell of her own accord, but when I turned
round, I say her lying, her body across the chairs, and
her feet on the floor. I then took one of the chairs
away to give her room to get up, and was going to take
another chair away ; but she got hold of it, as 1 thought,
to pievent the prisoner from getting near her. She then
got up, and very soon afterwards I saw her standing on the
other side Of the kitchen ; but how she got there I do not
know. While standing there, the prisoner came in front of
her, and put his hand over to the left side of her neck. I
can't say he gave her a stab or a blow, but directly after I
saw the blood flowing down her neck and body. In a few
minutes after he made, a step or two back, and then I saw
something which I took to be a knife in his hands. (A clasp
knife was here produced, but witness could not say it was
the same.) A little girl then went to fetch a police-officer,
and I went down and stood at the bottom of the entry, as
before stated. The landlady wished to put the prisoner out.
After this I saw neither the prisoner nor the deceased.
Mary Moran being sworn said—l am a widow woman. I
keep the house in College-lane, where the prisoner and his
wife lodged. On Monday night the prisoner's wife had the
sign of a drop on her, and I told 113 r she had better go to
bed, as if the prisoner came in and saw her so, she would
catch it. Soon after the prisoner came in. 1 was then en-
gaged making the bed, when I heard the prisoner use some
words such as, " is that your way lassie ?" and directly after
I heard a noise as if of chairs falling. There was no scuffle
between them; and the next thing I saw was the blood gush-
ing from the neck of the prisoner's wife.. Upon that I
caught hold of him by the breast, and asked him " you
villain, have you cut her throat?" I did not see any knife
in his hand at that time. He was in the habit of having a
pocket knife, as he was employed as a labourer in a corn
warehouse, and required a knife for his business. I don't
think I would know the knife again. The noise of it at this
time spread through the yard, and two men came in, one of
whom appeared to be a police officer. He appeared to be
dressed in police uniform. The prisoner was at this time
standing at the door. His wife had gone out, and I informed
the officer of what had taken place. I do not know what
happened after that, whether the officer took the prisoner out,
or whether they went out together, I was so thunderstruck.
When they all went out, I remained in my house and did not
see any of them afterwards.
On the prisoner being asked by the Coroner whether he
had any questions to ask of the witness, he replied in a firm
voice, No, sir."
Robert Rigg examined. —I am a master mariner, I belong
to Dumfries. I trade between Liverpool, and the west of
Ireland and Highlands of Scotland. On Monday night,
about ten o'clock, I was going home through College lane,
when I saw a police-officer walking on his beat. I spoke to
him, and passing him, said it was a fine night. Directly af-
terwards, a young woman came up, and cried out " murder,
murder !" for the police, as a man had cut his wife's throat.
Upon that the officer ordered me to come to his assistance.
1 accompanied the officer up the entry, and went into a house
where I saw the prisoner, and a young woman with a white
apron upon her, covered with blood. There were other
females in the apartment. The prisoner made an attempt to
escape, but we prevented him. The officer and I got outside
of the house before him, and shut the door, while he (the
officer) told me to keep fast, until he would go and procure
more help. Upon that the officer went away and I remained.
I don't know what happened, I was holding on outside.
Sonic one was pulling inside, and a part of, it having given
way, the door was burst open, the prisoner came out, and
knocked me down with a blow on the face, with his fist,
which cut my nose and cheek—(the witness bore the marks
of it.) I did not observe any knife in his hand. After I was
knocked down the prisoner ran down 00 entry. As soon as I
recovered myself and got up, I pursued him into College-lane.
An old gentleman and a young woman were there, crying out
" police !" and said this was the way the prisoner had gone,
pointing towards Hanover-street. I went to the top of Col-
lege-lane as fast as I could, and then saw the prisoner cross
the street towards, Hanover-street. The policeman then
came running, and the prisoner and he got struggling, and
became entangled together, but I can't say it was the same
officer who went with me into the house in the entry.
I came as fast as I could to where the prisoner was
in company with three or four, and then we got hold
of him, and in the struggle we all fell together ; then I heard
a woman cry out to us to take care of him, as he would kill
some of us, for he had a knife in his possession. We held
him fast. The deceased officer was not one of the party who
then had hold of the prisoner. A young man who was with
us, and who also fell, told us to hold him (the prisoner) fast,
as he had a knife in his hand. After this a number of other
people and police gathered, and secured the prisoner. I was
all covered with blood, and went with a policeman into a
house to wash myself. On returning, I heard the cry that
the prisoner had stabbed the policeman. On hearing this I
went to the house before which the crowd was gathered, and
I saw the policeman lying there dead on the table. The
officer had a large cut in his neck, from which much blood
was flowing. I cannot say he was the same officer who went
up the court with me ; but lie had the police uniform on him.
Not a minute elapsed from the time I saw the police-officer
entangled with the prisoner in Hanover-street and my laying '
hold of him at the corner of Hanover-street.
By a Juror.-1 can't say whether prisoner was drunk or
sober. The coronor said that question was immaterial for
their verdict. The prisoner declined asking any questions.
Ann Molson, a single woman.—l live with my father,
(Manlove Molson, shoemaker,) he resides in College-lane
near Green-court. Our back door opens into the entry of the

court. I did not know the prisoner before this. I returned
home about half-past ten o'clock, from chapel, on Monday
evening, when two girls came into my father's, and said, that
a woman's throat had been cut, when hearing this, I ran out
of the entry by the back door, and then I heard a person cry-
ing out—" Oh ! you murderer." I then saw the prisoner's
wife passing. I went up the entry to the house where the
prisoner lodged, and there I saw the whole place was covered
with blood—the prisoner was there, and some women were
also there. After this I went down College-lane, and called
for the police, but none then came. My father went also for
an officer, Immediately after a police-officer and Mr. Rigg
came up the entry. The police-officer said to Mr. Rigg, to
keep the prisoner in charge until he would go for assistance.
The police-officer went down the entry, as I suppose, for that
purpose. The prisoner tried to escape, but my father and
Mr. Rigg prevented him for some time, and at last he made
his escape. I followed him into College-lane. About two
yards from the bottom of the entry I saw the prisoner. He
had then a knife in his hand. I could see it was a knife from
the reflection of the gas-light. He was holding it in his right
hand, and had it down by his side. He was walking slowly
up College-lane. I can't say what kind of a knife it was, as
the haft of it was in his hand. It was something like the one
now produced. The prisoner walked up the street, and I fol-
lowed him up into Hanover-street, where he made a halt. My
father also followed him. I went on after till he got to the
old Excise-office. He then crossed the street, and I lost sight
of the knife. At this moment a police-office passed me, and
went towards the prisoner. I immediately shouted out—
"Oh ! dear, he has got a knife." I saw the police-officer
coming into contact with the prisoner, but I can't say whether
he took hold of him or not—in a moment after, I saw the
police-officer stagger back, and knock his stick three times
on the ground. The officer was in the act of falling, when
two or three females caught him. I went across to the de-
ceased, he had then one knee on the ground, and I assisted
the others to support him. I did not observe any wound on
him, but I felt the blood come on my arm. I supported the
head of the deceased while he was carried to Mr. Atherton's
public-house, in College.lane,--he was not dead when we got
there, but he died in a minute or two afterwards. When I
saw the prisoner go across the street, from the Excise-office,
there were several other persons near and about him. I did
not see the prisoner afterwards. The police-officernever ut-
tered a word, but merely lifted his hand to his throat.
Manlove Molson, father of the last witness, examined.—l
was in my own house on Monday night last. I was called
by one of my own daughters to see a woman whose throat
had been cut, at the bottom of Green's-court. I went there,
and saw a woman standing covered with blood, and her hand
raised to her neck. I was so alarmed, I went to call the
police. A policeman went with me, accompanied by a man
in the garb of a sailor, who, I understand is Mr. Rigg. In
a house in the court, I saw the prisoner. There was blood
on the floor, and on clothes on the chairs. I assisted Mr.
Rigg to detain the prisoner while the officer went for more
aid. Finding he was likely to break the door open and effect
his escape, I went to the end of the entry, and called for the
assistance of more police. While there I saw him pass down
the entry to College-lane, and proceeding towards Hanover-
street. I followed him as far as the Excise-office in Hanover-
street. I was afraid to touch him or go near him, as I ob-
served he had a knife in his hand all the way. I then saw a
police-officer cross over and go towards the prisoner. I did
not know him to be a police-officer, only from his dress.
The officer and prisoner had a scuffle together, after which I
went up, and saw the prisoner lying on the ground. I did
not observe that the policceman was wounded ; I did not see
him afterwards ; but I heard he was stabbed. There was a
crowd of persons around the prisoner, I kept my eyes on
him—and I cried out to the people to take care of him, as he
had a knife in his hands.
Ann Atherton, wife of Mr. Atherton, who keeps the Grapes
public-house in College-lane, where the body of the deceased
was conveyed, deposed—l heard a noise in the street on
Monday night, and went to see what was the matter. I saw
a police-officer (it was the deceased) running up College-lane.
I have known him for six months ; he had on the uniform of
a police-officer. 1 followed him up into Hanover-street, and
when I got to the Excise-office, I saw him holding his neck
and knocking his stick. I took hold of him, and he walked
about four or five yards, and his legs then began doubling
under him. I screamed out very hard for assistance, and he
was taken to my house, when he died very soon after. A
surgeon was called in, but deceased was dead before any relief
could be afforded. From the time I saw the deceased in
Hanover-street, I did not see the prisoner. Blood was flow-
ing from the neck of the deceased very profusely.
Jane Grayson, Plaiston's-buildings, Seel-street.—l was
coming down Green's-court, College-lane, on last Monday
night, arid I saw a person shouting out for a police-man.
Mrs. Molson told me, when I was inquiring what was the
matter, that a man had cut his wife's throat. I was informed
that the woman was taken to Dr. Taylor's. I went to the
house of the prisoner, and in his room saw him standing
behind the door, and a great deal of blood on the floor. Mr.
Rigg and the policeman came in. After this I saw the pri-
soner go down the entry to College-lane, and proceeding to
Hanover-street— the policeman following him—near the
Excise-office, a policeman crossed the street towards him.
The policeman took hold of him. They had a scuffle, and I
saw the prisoner strike a blow at the deceased, whose hat
fell off—(the hat was produced, and in it was a cut of a
knife, which must have been made with great violence, as it
penetrated through the thick patent leather, with which
police-officer's hats are covered.) I only saw one blow given
by prisoner. After this blow, the deceased struck the pri-
soner with his stick, but I saw no more blows. The deceased
then staggered back, and I saw no more of the prisoner, as I
remained with the deceased. I took hold of the deceased's
arm, and I observed blood gushing from his neck. I asked
deceased if prisoner had stabbed him, but he was unable to
give any answer. I continued with him until others came
up, and then went away. I am quite sure prisoner is the
same person that I saw in Green's-court, College-lane, and
who afterwards was struggling with deceased in Hanover- street
Thomas Fletcher.—l am a coachmaker, and reside in Rich-
mond-buildings, Richmond-road. As I was passing Hano-
ver-street, about ten o'clock on Monday night, and on com-
ing near College-lane, I heard some one calling out for the
police. I went to inquire what was the matter. I was in-
formed a woman was stabbed in Green's-court. I went there,
and saw a police-officer and a person in the garb of a sailor,
whom I followed into the house. I saw the prisoner there.
A young woman in the house fronting to the prisoner's said,
" There's the murderer." The prisoner told her to hold her
noise, and at the same time called her an ill name. The offi-
cer requested me to remain whilst he went for more assist-
ance. The officer did not come back. I left the prisoner in
the house in about five minutes, and went down the entry,
leaving the other man in the charge of him. While I was at
the --....1 of tlic votry-thr prisoner passed me, and walked into
College-lane, towards Hanover-street. I followed him, and
when near the Excise-office, a police-officer crossed to the
prisoner, and collared him. I cannot swear it was the same
officer who went up the court with me ; but I think it was
the same. The officer put his hand out twice, to seize the
prisoner, before he succeeded. The moment the officer col-
lared the prisoner, I saw him raise his right hand, and strike
at the officer. There was only one blow given, that I saw,
by the prisoner. The deceased staggered, reeling back, and
I went up to assist him. He was bleeding from the neck
like a water pipe. The moment I saw the prisoner strike the
officer, the officer raised his hand to his neck. I afterwards
saw the prisoner taken into custody by the police. I am
quite sure the prisoner is the man who struck the deceased.
He had something in his hand at the time, but I can't swear.
it was a knife ; but he held his thumb dyer it.
James Gilbertson deposed—l am bookkeeper to Mr. Wood,
the brewer. On Monday night last I was passing along Ha-
nover-street, coming from the Custom-house direction, when
I saw two police-officers standing at the corner of Paradise-
street, who informed me that a man had cut his wife's throat.
One of them said he was going in pursuit of the man. I had
previously met a woman with her hair over her face, and I,
suspecting she was the person, told one of the officers the
direction she had gone in, and he went after her. I accom-
panied the other officer to College-lane, in pursuit of the
prisoner. He stated he would go along Peter's-lane, and
look after the man who had done it. He left me at the end
of Peter's-lane, in Hanover-street, and I went towards Col-
lege-lane. 1 met. the prisoner coming down College-lane,
and a number of people after him. He walked a few yards
along the parapet, and crossed over the street nearly opposite
the Excise-office. The police-officer came round directly.
It was the same man, I thought, that I left before, and who
left me to go in search of the prisoner. I judged so from his
height and appearance. He crossed over after the prisoner,
and took hold of him. The prisoner immediately turned
round, and struck a blow at the officer, which knocked him
down. After his hat was knocked off, the officer lifted his
stick ; but I can't say whether he struck the prisoner or not.
They then closed, and I think the prisoner struck a second
blow, but I'm not certain. Upon their closing, both the
prisoner and the officer went down. The officer got up, and
went to the parapet, and knocked his stick against it. I saw
the blood streaming from him. I then went up, and stood
over the prisoner, who was lying on the ground, until the
knife was taken from him, and he was secured by the officers.
I accompanied the officers with the prisoner to Bridewell.
I saw no more of the deceased.
William Selsby.—l am in the employment of Mr. Dodson,
broker, Castle-street. As I was going up Hanover-street,
on Monday night, I saw the prisoner running round College-
lane, and the policeman after him. There was a crowd of
people, and I heard some one shout out, " He has got a knife
—he has got a knife." The policeman ran after him to catch
him, and made a grab at him, but missed him. He ran two
or three yards past the prisoner, who, on turning round,
made one or two blows at the deceased. I saw the policeman
stagger after a struggle between them, and he knocked his
stick against the parapet. A man standing beside me, dressed
in sailor's clothes, who rushei at the prisoner, and they both
fell together. I ran up and put my knees on the prisoner
when he was down, and laid hold of him by the right hand.
He dropped the knife, and I took it up. (The knife now
produced he identifies as the same.) I accompanied the
officers who took the prisoner to bridewell. I gave the knife
to the bridewell-keeper. I saw the officer afterwards, when
he was lying dead at the house of Mr. Atherton, College-lane.
John Thursby.—l am keeper of Hotham-street Bridewell.
The prisoner was brought to bridewell last Monday night,
charged with cutting his wife's throat, and stabbing one of
the officers. I received the knife (already produced) from
Selsby, the last witness. I also received the hat (also pro-
duced) from a person named James M`Closkey. On exa-
mining the knife I found it was stained quite fresh with the
blood.

James M'Closkey.—l am a glass-cutter, and reside at No.
22, Marlborough-street. On last Monday night I saw the
prisoner going from College-lane to Hanover-street, and the
policeman after him. When near the Excise-office I saw the
officer make a run at the prisoner, and pass him a little.
When the officer turned round I saw the prisoner make two
or three blows at him. A hit of a struggle took place between
them. They came close together, and the prisoner made
another blow at the deceased, somewhere about the left side
of the neck. it was a back-banded blow, and the officer im-
mediately put up his hand to his neck, and reeled back towards
the parapet. I followed him. He knocked his stick on the
flags, and the blood was then running very freely from his
neck. I turned round, and heard a shout, "Why do you
not take hold of his legs. A woman after this gave me a hat
and a handkerchief, which I took to Hotham-street Bride-
well, and delivered to the keeper.
John Walker, Inspector of Police.—l knew the deceased.
His name was David Bailey. He was a police-officer. He
was in my section of the town. He was on duty on Monday
night in a portion of College-lane and the neighbourhood.
The hat produced by Selsby has the same number on it (338)
as deceased had in the police force.
John Callan, surgeon.—l reside in Duke-street. On Mon-
day night I was sent for to see a police-officer, who was lying
in Mr. Atherton's house, in College-lane, who was said to
have been stapped in the neck, On examination, I found a
wound on the left side of the neck. There was then very
little blood coming from it. The wound was evidently in-
flicted by a very sharp instrument. Mr. Macintyre was pre-
sent subsequent to my first examination. It was an inch and
a half wide, and I could pass my finger through into the
mouth of the deceased. I have very little doubt some of the
large arteries were divided, but I cannot say what was the
cause of death without a post mortem examination.
Surgeon Callan, senior, gave similar testimony.
The CORONER said it was for the jury to decide whether
the evidence of the medical men was sufficient to justify them
in saying the deceased came by his death in consequence of
the wound so inflicted. The surgeon could not take upon
himself to say it was.
Mr. Macintyre, (the surgeon who examined the wound with
Mr. Callan,) would not undertake to say what vessels were
injured, and from which death ensued, without apost mortem
examination.

Owing to the want of this essential testimony the CORONER
regretted that it would be necessary for him to adjourn the
inquest, in order that a post mortem examination shonld take
place. The Court was accordingly adjourned till three o'clock
the following day.
ADJOURNED INQUEST.
Yesterday,- at three o'clock, the inquest was resumed at

Ar..... 4, Ilr •

the same place, and the interest to hear the proceedings had
in no degree abated. A considerable time before the hour
appointed for taking the remaining evidence, the court be-
came filled in every part, and several ladies were.present.
Precisely at three o'clock P. F. Curry, Esq., the coroner,
took his place, but some delay arose from three of the jury-
men not having been so punctual. At ten minutes past the
prisoner was again placed at the bar. The Coroner then
called for Mr. Callan, jun.
Mr. Callan, jun. sworn in regard to his further testimony.
—I have made a post mortenz examination of the body of
David Bailey, in the presence of Messrs. M'lntire, Cooper,
and M'Culloch, who are surgeons. I found the wound to
enter through into the mouth. I found the external and in-
ternal carotid artery severed ; and the jugular vein also. I
also found the tongue wounded. The instrument with which
these injuries had been inflicted had been stopped by the
bone of the lower jaw of the opposite side. I found the pos-
terior part of the windpipe cut. These injuries were, in my
opinion, sufficient to cause death, and must have been in-
flicted by some sharp-pointed instrument, and the blow must
have been given with great force, as the point of the knife
came in contact with the bone of the lower jaw on the oppo-
site side. The wound would be about four inches in depth.
The prisoner declined asking the witness any question.
Mr. Peter M'lntire, surgeon, sworn.—l was called to see
the deceased on the same night on which he was stabbed.
I found him dead, with a severe wound on the left side of the
neck. I was present to-day, and assisted in the post mortem
examination of the body, with Mr. Callan and the other
surgeons, who were present. 1 found the same injuries had
been inflicted as described by Mr. Callan. lam of the same
opinion that these injuries were the cause of death, which
must have been almost immediate from the loss of blood.
The Coroner here said to the jury, that he thought they had
sufficient evidence without calling Mr. Cooper or Mr.
Gulloch. The jury assented.
The CORONER then asked the prisoner, Daniel Cole, if
he had any thing to say, giving him the usual caution that
he was not bound to say any thing, and that if he did say
any thing it would be taken down, and might appear against
him on his trial. The prisoner said, "he had nothing at all
to say ; that he did not recollect any thing at all about it."
This was read over to him, as he stated that he could not
read writing, and he signed his name to it.
The CORONER then read the whole of the proceedings to
the jury, and them remarked upon that evidence they had
first to determine, as to the cause of the death of the de-
ceased ; and that that arose from the injuries received as des-
cribed by the surgeons, there could not, he thought, be the
slightest doubt. They had met to consider by whom these
injuries were inflicted ; and looking at the whole of the evi-
dence, lie thought that little doubt could be entertained on
that point. Their next consideration would be, of what
crime the prisoner was guilty ; and it was his duty to define
to them the difference between manslaughter and murder ;
and he could not do this more effectually than by reading to
them a quotation from " Russell on Crime," iu which the
crime of killing, in its various modes, was accurately de-
fined :
" Murder (said Russell) is the killing of any person under
the king's peace, with malice prepense or aforethought either
express or implied by law. Of this description the malice pre-
pense, or malitia pra'cogitata, is the chief characteristic, the
grand criterion by which murder is to be distinguished from
any other species of homicide, and it will therefore be neces-
sary to enquire into the cases in which such malice has been
held to exist. It should, however, be observed, that when
the law makes use of the term malice aforethought, as des-
criptive of the crime of murder, it is not to be understood
merely in the sense of a principle of malevolence to particu-
lars, but as meaning that the fact has been attended with
such circumstances as were the ordinary symptoms of a
wicked and depraved spirit,—a heart regardless of social duty,
and deliberately bent on mischief; any general or formed design
of doing mischief may be called malice, and, therefore, not
such killing only as proceeded from premeditated hatred and
revenge against the person killed, but in many other cases
such killing as is accompanied by circumstances that show
the heart to be previously wicked, is adjudged to be of malice
prepense, and, consequently murder. All homicide was pre-
sumed to be malicious, and, of course, amounting to mur-
der, until the contrary appeared from circumstances of alle-
viation, excuse, or justification ; and it was incumbent upon
the prisoner to make out such circumstances to the satisfac-
tion of the court and jury ; unless these circumstances arose
out of the evidence produced against him." In this case (re-
marked the Coroner) no justification was shown by the evi-
dence, or by the prisoner, who declined to say anything. He
then remarked, that independent of other facts, the case was
the more aggravated in law, the party killed being a police-
officer; for there were cases in which the killing of an ordi-
nary individual would amount to only manslaughter •, but the
killing of a police-officer or constable, engaged in the execu-
tion of his duty, was murder in law, as they would find by
the following extract from the same authority which he had
already quoted.
" If after an interchange of blows on equal terms, one of
the parties on a sudden, and without any such intention at
the commencement of the affray, snatches up a deadly
weapon, and kills the other party with it, such killing will be
only manslaughter. But if a party under colour of fighting upon
equal terms, uses from the beginning of the contest a deadly-
weapon without the knowledge of the other party, and kills
the other party with such weapon ; or if, at the beginning of
the contest, he prepares a deadly weapon, so as to have the
power of using it in some part of the contest, and uses it
accordingly in the course of the combat, and kills the other
party with the weapon, the killing in both these cases will
be murder. The prisoner and Levy quarrelled, and went
out to fight. After two rounds, which occupied little more
than two minutes, Levy was found to be stabbed in a great
many places, and of one of these stabs he almost instantly
died. It appeared that nobody could have stabbed him but
the prisoner, who had a clasped knife before the affray.
Judge Bayley told the jury, that if the prisoner used the
knife privately from the beginning, or if, before they began
to fight, he placed the knife so that he might use it during
the affray, and used it accordingly, it was murder ; but if he
took to the knife after the fight began, and without having
placed it to be ready during the affray, it was only man-
slaughter. The jury found the prisoner guilty of murder."—
Now the party killed in this case was not only a police offi-
cer, but it was distinctly shewn by the evidence, that the
prisoner had struggled with the policeman, and that a mortal
wound had !ensued ; and that the prisoner had carried a
knife in his hand along the streets.—" Ministers of justice, as
bailiffs, constables, watchmen, &c., while in the execution of
their offices, were under the peculiar protection of the law ;
a protection founded in wisdom, and equity, and in every
principle of political justice ; for without it the public tran-
quillity cannot possibly he maintained, or private property
secured, nor, in the ordinary course of things, will offen-
ders of any kind be amenable to justice. For these rea-
sons the killing of officers so employed has always been
deemed murder of malice prepense, as being an outrage
wilfully committed in defiance of the justice of the kingdom.
If, therefore, upon an affray, the constable, and others in his
assistance, come to suppress the affray and preserve the
peace, and in executing their office, the constable or any of
his assistants is killed, it is murder in the raw, although the
murderer knew not the party that was killed, and, although
the affray was sudden, because the constable and his assist-
ants came by authority of the law to keep the peace, and
prevent the danger which might come by a breach of it ;
and, therefore, the law will adjudge it murder, and that the
murderer had malice prepense, because he set himself against
the justice of the realm."
It appeared from this, (said the coroner,) that in law, even
if the prisoner did not know the deceased, that would not
affect the finding of the jury. He could not himself see,
looking at all the evidence, that had been adduced, how they
could do otherwise, painful as it might be, than find a ver-
dict against the prisoner, and he concluded by stating, that
in agreeing upon their verdict, it was necessary that twelve
out of their number of fifteen should be unanimous.
The jury consulted for a few moments, when their fore-
man said in effect, " They were unanimously of opinion,
that the prisoner was guilty of the wilful murder of the
deceased, David Bailey."
The verdict, in the usual language of the law, was then
read by the coroner, and signed by the jurors.
The CORONER.—Prisoner, the jury have found a verdict
against you for wilul murder ; it is now my duty to commit
you to Kirkdale gaol, to take your trial at the next assizes
for this part of the county.
The prisoner was then removed from the bar

POLICE INTELLIGENCE,—Tuesday.

Mr. Busby, husband of Elizabeth Busby, who was ac-
quitted at the recent assizes held in this town, was placed
before Mr. Hall, having been taken by a warrant procured
by the parish authorities, for having refused to pay the ar-
rears of money due for the maintenance of his wife. It ap-
peared that Mr. Busby some time since agreed to pay to the
parish five shillings per week, which he has discontinued
since the unfortunate occurrence for which Mrs. Busby was
tried. The sum claimed by the parish was seven shillings,
which had accrued since she was discharged. Mr. Wardle,
solicitor, appeared on behalf of the prisoner. He stated,
that Mr. Busby had two reasons for refusing to pay the
money according to his former agreement : the first of these
was, that Mrs. Busby had been previously married, and that
her husband was still alive and in America. The second
reason was, that he himself only earned fourteen shillings
per week as a coach-driver, and he could not afford to pay
the sum required by the parish authorities. Mr. Hall asked
Mr. Wardle if he had any evidence of the first marriage.
Mr. Wardle replied, that he had the certificate of the first
marriage in his hand, and that the captain of a vessel which
had already sailed, was acquainted with her first husband,
and would bring back proofs of his being alive. Mr. Hall
said he should, of course, before he stopped the allowance,
require the same evidence as if a charge of bigamy were pre-
ferred. He had no doubt the woman was a very bad woman
indeed, but still the prisoner had married her with a full
knowledge of her character and he could not now expect to
escape the consequence of his folly, by a mere statement that
she had been previously married. Mr. Wardle—" Yes, I
grant that he was foolish, but you will please to recollect that
he was extremely young." Mr. Hall said he had friends
who ought to have taken care that he did not act in such a
manner, and concluded by stating, that till the proof which
he had named was brought forward, the prisoner must con-
tinue to pay the allowance which he had agreed to. The
prisoner promised to pay the arrears and also the allowance,
upon wh ch he was discharged.
STABBING.—Jane Carrol was placed at the bar, charged
with having wounded Sarah Baxter. Both the prisoner and
the prosecutrix are dissolute characters of the lowest class.
The complainant, who appeared to be in a deplorable condi-
tion, stated that, on Saturday night she was standing in
Scotland-road, in company with another female, when she
saw the prisoner and several other persons come out of a
public-house. The prisoner advanced to her, (complainant)
and, without any provocation, struck her four times. She
(complainant) was not aware till she received the last blow,
which was on the lower part of her throat, that she had been
stabbed with a knife. On finding that some serious injury
had been inflicted upon-her by the last blow, she shrieked,
and several persons came to her assistance. Blood was
flowing profusely over her person, and, on examination,
it was found that she had been stabbed in four places ;—on
the left temple, on the upper lip, which was severed, and on
each side of the throat. One of the latter wounds was
stated, by the surgeon who had dressed her injuries, to be
close in the vicinity of the caroted artery. The prisoner, it
appeared, was slightly intoxicated at the time when she in-
flicted the wounds. A young man, who stated that he saw
the occurrence, corroborated the testimony of the com-
plainant. He said he saw her strike the blows with the
knife in her hand. The prisoner, with great emphasis, de-
nied that she had used a knife, but admitted that she had
struck complainant with her fist. The prisoner was com-
mitted for trial at the sessions now holding, the witnesses
being immediately sent over to the Grand Jury.