The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-04-02 00:00:00

PHY.
on the

man in the

and said,

and he said yes
28th August witness

cl man 1

Mr. George Daglish said he was a surgeon at Wigan, and
was called in to attend the deceased about eleven o'clock on
the Sunday morning, at his own house. He had a triangu-
lar wound at the stem of the left ear. Witness probed it,
and felt a hard substance. Extracted a piece of lead, which
weighed 32 grains, and which had been in contact with the
external substance. At that time he complained of a great
pain in his head. Witness attended him several times, and
on the Wednesday night afterwards he died. After death
witness opened the head, and found a large piece of lead,
which had passed through the opening of the outer ear into
the internal ear. It was contained in the bone of the internal
ear, which it had destroyed. There was a considerable
effusion of blood between the bone and the dura meter, and
also in the membranes of the brain. On the substance of
the brain there were clots of blood. The piece of lead weighed
95 grains, and a portion, perhaps five grains, were left in the
substance of the bone, which witness could not extract.—
[The witness here produced the two pieces of lead, and they
were inspected by the court and the juryl—lf a ball were
fired from a pistol, it would be likely to assume the shape of
these pieces. In witness's opinion the cause of death was
the gun or pistol shot in the ear.
By the JllDGE.—Witness's opinion was that the two pieces
of lead had formed one ball only, but being softish and di-
vided when it came in contact with the bone.
Thomas Welsh said he was a butcher, and lived in Standish-
gate, Wigan. Saw the prisoner in custody at the Town-hall.
Witness did not on that occasion tell him it would be better
for him if he would tell him where his (witness) horse was.
The prisoner then told him he was standing on that night
with his back to the Independent Chapel at twelve o'clock.
neatly opposite witness's shop. Colton came to witness's
shop at ten minutes past twelve that night. He was then
on a pony. Witness had his watch in his hand at the time.
He went towards Standish. He said something to witness,
but witness did not understand him, as he appeared to have
bad some little drink.

Cross-exarnined.—There would be many people going the
way that Colton was on Saturday night. He was sober
enough to ride.

William Heath, police-officer, at Wigan.—The prisoner
was apprehended about the twelfth of August. Witness saw
him in custody in a room in the town-hall, Wigan, on the
22d. Witness and prisoner were alone together.. He began
to talk himself. Ile had talked with witness before. Witness
never held out any inducement for him to tell. Whittle was
not present on the 22d.
John Whittle was here called at the request of Mr. Mutt-
He said that the prisoner was apprehended, but not
?resent charge, on the 12th August. When he was
and I in custody,

ess had conversations with him on several
occasions, and had never held out to him the slightest in-
ducement to confess anything, nor had any one else. Wit-
ness went with atiosher officer to a cellar in Akroyd-street,
Manchester. in which he found two boxes and one trunk.
Met with Jane Roberts in Salford. Did not see her in the
cellar. The boxes and trunk were searched in the Man-
chester Town-hall. They were locked, and witness got the
keys from Jane Roberts. In one box witness found a hand-
kerchief. Witness shewed the prisoner this box in Wigan,
and he said it was his.

Cross-examined.—A person named Elijah Row was appre-
hended on suspicion of this murder and committed to Kirk-
dale, where he died. Another man named Haigh, was also

This man was now in Wigar

Re-examined.—The prisoner was not apprehended on this
charge. Row was taken on suspicion, as be was supposed to
be in connection with the prisoner in this charge, but he was
condemned for another offence. Witness found the handker-
chief produced in the box— He bought one like it at Mr.
M`Master's, but cut it up and sent it as samples to different
police offices, except one piece.

Mr.,M'Master. was then recalled, and he identified the
handkerchief found in the box and the sample as being of
the same pattern as that which he had sold to the deceased.
Cross-examined.--The price he sold the handkerchief for
was ss. 6,d. The buying price from the manufacturer was
about 2s. 10d. The handkerchief produced did not appear
to have been used or worn.

Mr. Whittle recalled.—Row and Haigh, who had been
spoken of, were considerably less men in stature than the
prisoner. They were both acquainted with the prisoner.

William Heal] recalled.—On the 22d August had some
conversation with the prisoner in the inner room of the
Town-hall., He said he had pledged a watch in Bolton,
which he had received from Elijah Row. Witness took down
what he said at the time. He said, " the night after they
say Colton was murdered, and the same night that Elijah
Row gave me the watch, which was Sunday night, about a
quarter past twelve o'clock. I went the same afternoon
to Billinge, about two o'clock. I had been in a stable
in Poolstop-lane since between one and two o'clock the
same morning. I was in the Millgate, at the bottom of
Chapel-lane, about one or a quarter past one the same
morning. About two the same afternoon 1 went to Billinge
for the purpose of stealing a horse, which was in a stable by
the roadside. The stable was built of wood, and there was
a large pond of water on the opposite side. I believe the
place is called Higher Billinge. I brought the horse to
Smithy Brook. A little past Smithy Brook I turned on a
tram-road, which leads to Hawkby Hall and the Leigh canal.
I left the horse near the canal bridge, and went to Poolstop,
where I had appointed to meet Elijah Row. I met him on
the canal bank, before I got to Poolstop. It would be
about half-past twelve o'clook on Sunday night. [The
prisoner here burst into tears, and was provided with a
seat.] Row said, Has thou brought it ?" I asked him
if he would go to look at it : he said, " No, I will go home
again." He gave me a handkerchief wrapped in a piece of
paper. I asked him what it was, and he said it was a hand-
kerchief, and I must make something of it ; and if any one
asked me where I had got it. I must tell them I had bought
it from a hawker. He then gave me a watch—an old watch,

ou must fasten that somewhere, and make

what thou can of it." I said it was good for nothing, and
not worth carriage. He then said, " When shall thou be
here again ?" I said, " I don't know; I think of going
home; but if I come this way this week again, I will either
come or send for thee, and if not thou will know where to
find me." Row said he was very poorly. I then went for
the horse, and we parted. I took it to Bolton. I got there
about Bin the morning. I took it to a public-house on Bol-
ton Moor. I went then to a man named Whittle, on Bolton
Moor, but he was in bed poorly. I did not see him that day.
I went to him the day after, and told him I brought the
horse which I had mentioned to him. I had it with me. He
looked at it, and asked what 1 would take for it, and I said
£B, but he said he would not give it. An old woman, who
I believe is his wife, said it was worth £4. Whittle said he
would not give such money, but he would give me £2 10s.,
which I took. I pawned the watch in the Market-place,
Bolton, for 7s, the Tuesday after Row gave it to me." He
then said to me, was it you who took my trowsers, and said
they were bloody. I said yes. He said if it was blood it must
have got on when Wm. Williams was killed on the Manchester
and Birmingham Railway,near Rusholme toll-bar, about 100
yards from a bridge between Manchester and Stockport, six or
seven weeks ago ; but Peter Ashworth, the inspector, will be
able to say. When Williams was killed I was about 30 yards
from him, and assisted to get him up. William Bradbury, a
ganger, saw me assist to get him up. I believe that was the
time I got the blood upon my trousers. There were many
navigators round Williams when he was killed, or imme-
diately afterwards. The day after, I sold the horse and
pawned the watch. I sent for Elijah Row. He came to me
in Scholes. We had a walk together, when he said said to
me, " Hast thou heard about Jacky Colton being shot ?"
I asked him, " What Jacky Colton ?" and he said, " Of
Haigh, collier and under-looker." I said " No." I asked
him whether he had been shot by some of the colliers,
who had a spite against him. Row said "No ; be was well
liked among the colliers." I asked Row if they had robbed
him, and he said yes, they had taken a sovereign or two,
some odd money and a watch; and some thing he said about
a crown piece. I said, it is not the witch thou has given me,

,
is it ? He said no ; his was worth nine guineas. Row said
when Colton was shot he stunk very ill, and he believed he
had the bad disorder. I asked Row if Colton was married,
_

but be did not live with his wife. On the
as present when Whittle had some

ore conversation with the prisoner

Whittle asked him in

what name he had pledged the watch. He said in the name
of Robert Crook, as his mother's name had been Crook. I
had got 7s. upon it. Witness took his trowsers from him on
the 17th of August, and observed some spots of blood upon
them. There were not many spots. Witness got the watch
from Mr. Duckworth, assistant to Mrs. Bradshaw, pawn-
broker, Bolton.

Cross-examined.—Row and Haigh were both men of bad
character. Row was a shortish man. There was another
road to Wigan from the place where the murder was sup-
posed to have been committed, besides the highway in which
the men were met. It was a shorter road across the fields.
Re-examined.---There was no way to Wigan from the
place where the body was found. You must get over hedge
and ditch if you would go to Wigan from that place ; it would
mile round, and you would have to go through the turn-

pike-gatt
John Duckworth, assistant to Mrs. Bradshaw, pawnbroker,
of Bolton, proved that the watch produced was pledged at
the shop of his mistress on the 28th of July, in the name of
Robert Crook, for is.

Margaret Colton was then recalled, and she proved that
the watch, key, chain, and seal were the same which her fa-
ther had taken with him when be left home to go to Bolton.
William Needham said he was a servant to the deceased,
and proved that he saw him with the watch at half-past one
in the afternoon, just before he set off for Bolton. He had
it in his hand.

Cross-examined.—Witness was sure the deceased set off
at two o'clock.
Mr. MURPHY said the little girl had stated her father had
set off at ❑ine in the morning.
The JUDGE said she had been led in that question, but she
might be recalled.
The girl was then recalled ; she said she did not know
what time her father set off, but he had had his dinner first.
Robert Torbock said he knew the watch produced, and
that he had let the deceased have it on trial about a fortnight
before his death. Witness bad the watch from his cousin,
James Woods. The pendant turned round.
James Torbock, son of the preceding witness, also iden-
tified the watch produced as one which his father had given
him to repair. It had a pendant. Whilst witness was
wearing it, he gave it to Mr. Green to repair, and be put a
new glass and a new hand to it. Witness had no doubt it

was the same watch.
The JUDGE said this evidence was entirely beside the case,
as Robert Torbock did not shew that he had lent the same
watch to his son which he had given to the deceased.
Robert Torbock was then recalled, and he said he had so
lent the watch to his son. •