The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-04-03 00:00:00

LIVERPOOL SPRING ASSIZES.

CROWN COURT-FRIDAY.
MURDER.

Joseph Dnnerley, 27, was placed at the bar, under an indict-
ment in which he stood charged with the wilful murder of Jo-
nathan Fielding, governor of the workhouse at Prestwich.
The prisoner seemed perfectly cool and collected when he
entered the dock. He is an exceedingly thin and cadaverous-
looking individual, with long lanky hair.—Mr. Dodd, solicitor,
of this town, gratuitously undertook to do what was in his power
for the defence of the prisoner, and Mr. Boileau was assigned to
him as counsel.

Mr. BRAN DT conducted the prosecution. The learned counsel
briefly opened the case. This, he said, was a serious case, in
which there was very little room fur doubt, the prisoner having
taken up a drying-iron and struck the deceased on the head
therewith. It appeared that he was an individual of violent
passions,.and that several times he had been confined in the
New Bailey prison at the instance of the governor of the Prest-
wich workhouse, of which he was an inmate. He appeared to
have cherished some antipathy against the governor for this,
and had taken away his life. The defence would be, that the
prisonet••wet of unsound mind. It would be for the jury to
judge of thatrfron, the evidence.
Blitabeth Taylor -sworn.—Witness stated that she was 72
years of age. She lived in 'the workhouse at Prestwich.
Jonathan Fielding was the governor thereof, and the prisoner
was an inmate. He (the priSoner) had a wife and three children.
Remembered the day when this happened. It was about two
o'clock. The governor was sitting near her. The prisoner
came in and put au iron into the fire. It. was an iron which they
dry their weaving work with. It remained in the fire five or
six minutes. (The instrument was here produced.) After it
had remained in the fire five or six minutes, the prisoner, who
had been out,. returned, went straight to the fire, and pulled it
out. He raised it. and struck the governor on the left side of
the head, near the ear. He repeated the blow, and the governor
fell to the ground: The governor was sitting with his head
leaning towards the-fire, making a little paste. The prisoner
exclaimed, "1 have killed him." lie then went away into the
workshop, where be was seized. Had not heard any quarrel
between the governor and the prisoner: Had only been about
a quarter of an hour in the dry-room. The prisoner had been
sent to the New Bailey shortly before this, and had returned
about four days, . He was confined about three weeks. Witness
did not hear the prisoner say any thing when he was taken away
to the NeW Bailey, Two surgeons were sent for, and the go-
vernor was confined to his room five weeks and a day, till he
died.

Cross-examined by' Mr. BOILEAU.—Was in the room all the
time, and saw him take the iron out of the fire. The iron was
hot at the time, and the governor was sitting with his head very.
low. The prisoner stood and looked at him for a moment, and
then exclaimed, " t have killed him." lie (the prisoner) had
lxien working in the recovery cellar before it happened. The
prisoner frequently complained of being very ill. Never saw
him in a fit. There was no one present but Alice Schofield and
witness.

Re-examined by Mr. BRANDT.— He (the prisoner) was
taking the iron away with him, hut a man met him and took, it
from him.

Alice Schofield, a very old woman, sworn.—Witness could
not tell how old she was. Witness was in the dry room when
the prisoner Caine in. The governor was there. She saw the
prisoner come in and put the iron into the fire. He went out.
When he
scame up stairs he stood a considerable time, then he
ran dotvn to dry his work. He came up again and stood a bit,
when be held up his hands and said, " I've killed him." [lt
was evident that trout extreme old age the ideas of the witness
wandered. Her evidence was at first given very incoherently.]
She, howeVe•-, returned to the subject again, and said the 111 i-
boner took the iron out of the fire and struck the deceased on the
heal with it, upon which be fell to the ground, and the prisoner
exctaiuied," I've killed him," Subsequently she again wan-
dered from the subject, and said she had nut seen the prisoner
str! ke the governor.

Samuel Blakely sworn.—Lives within about a hundred Garda
of the workhouse at Prestwich. On Monday the 4th Septem-
ber. heard an alarm of the governor being lolled. Went out
and saw the prisoner making his escape towards his hunsi. An
.farm was given that be (witness) should stop him. Witness
did so. He stopped 'him, and said to him, "if you have killed
the governor you must go back." He replied, "you may do
what you please with me, for 1- have done what I wanted."
Took-him to the workhotme, and while he (Witness) was speak-
ing to the goveruess he seized a knife and attempted to cut his
throat. He drew blood from his throat -a little. He was secured
and put into the dungeon till the arrival of the constable.
Cross-examined by Mr. Bo! LEA U—Am a cordwainer. [lad
known the prisoner about the parish,- and had seen him fre-
quently for several years. Had never seen him going through
the lanes with children following him. Knew not that he had
any nickname. Never heard him called anything but Deu-
nerly.

Samuel Hope. assistant overseer of Prestwich, heard of this
matter and went down immediately to-see the governor. He
appeared to be in a dying state. The surgeons were-sent for.
Heard of the attemLit which the prisoner had made upon him-
self. Had the pr.souer brought to him. "the
governor's dying—theu's killed' him." He re`pTied " 1 have
faced him iu this world before the magistrates, and I am ready-,
to face Lint in the next world," The prisoner had been confined
several times in the New Bailey, and the governor always ail-
..
peared ag,aidst Lim. It was for miscolvitict in the workhouse.
Cross-examined by Mr. BOILEAU—The prisoner seemed ex-
asperated after he had been before the magistrates. Never saw
boys following hen in the streets.
BRAN cor —Never had reason to doubt the state of mind
of the prisoner.
By 111 E. BOILEAU—Never examined him as to his state ofniind,
het he always received direct answers to his questions.
George Du nkerley sworn.—The witness hada mark of a severe
injury on the right side of his head.
Mr. BOILEAU objected to the competency of this witness, as
he had been confined in another place beside the workhouse,
and was then totally devoid of reason. He therefore objected
to his evidence being taken.
His Loa DSH I P sae! an insane person would he good evidence
in a lucid interval, if he had been in a state of reason when the
circumstance required to be detailed had happened.
Mr. Hope was examined as to the state of the witness' mind,
and it was ultimately decided not to examine him.
John Parson Holland sworn.—Witness said he was surgeon
to the Prestwich workhouse. He was called in to see the
governor after he was struck. fie died from injuries on the
head. Had no hesitation in saying that the blows' which the
governor had received on the head were the cause of death.
Had attended the prisoner several times as a patient. Never
considered him any thing but of perfectly sound mind. Had
attended the workhouse twenty years.
Cross-examined by Mr. Boi LEA u.—Had attended the prisoner
within the last three or four months. He had a disorder of the
stomach. Disorders of the stomach frequently affected the head
Formed his opinion from seeing him generally. It frequently
happened that persons of unsound mine exhibited it more at one
tone than another. Had seen the implement with which the
blow was given. The head was bruised very much both on the
right and left, and the ear was touch torn—nearly severed from
the head; Did not conceive that the heat of the Iron could have
been much. as there were no marks of burning on the skin,
By Mr. Bastsrr.-His Attention was never called to the
prisoner with a view of ascertaining the actual state of his mind.
Simeon Whitehead, constable of Prestwich, produced the
institiment with which the blow was inflicted.
Prisoner.: That's the iron' as I used.

Mr. Oilier, surgeoi, stated that he examined the deceased by
order of the coroner. Ile attributed the death of the deceased
decidedly to external violence. Is surgeon also to the New,
Bailey prison at Maochester. Is aware of the prisoner having
been confined nine tunes in the New Bailey for misdemeanours
in the workhouse, his attention was never called to him at.
those times by the authorities of the prison. Never examined
him with a view of ascertaining the state of his mind.
On his cross-exatuination by Mr. BoILEAti, Mr. Oilier read
over a paper containing the notes which had been taken at the
time. The injuries 'must have been caused either by a blow or
a fall. The skull was nut fractured. The injury was in such a
position in the top of the head, that it could scarcely have been
caused by the fall. There was extravasation besides injection
throughout the brain. The deceased had had two black eyes,
which must have been given by a blow or a fall. Has lectured
on the subject of insanity. It is a syinptom of that disorder that
a person is restless and cannot brook confinement. It is an
evidence of the disorder to have great antipathies to persons,
and to imagine enemies. The latter is one of the existing causes.
A person in such a state of mind will wake in a hurried manner,
and such persons are frequently led to gratify revengeful pas-
sions, unfortunately.
By Mr. Bea Nnr.—ltne stronger symptoms of insanity are
thoset eh
rsieh(h.iriochsheadraitsrhei
the
from
wsneii tfrlote.rivteit thn
ega any
with cause.
epfurol prosecution.
Mr. Mr. BOILEAU addressed the jury on behalf of the prisoner.
If the prisoner were in a sound state of mind at the time when
he committed this act, then neither humanity nor the laws of
this country would permit him to escape. The learned gentle-
man went on to comment minutely ou the evidence, contend-
ing that the actions of the prisoner throughout this transaction
evinced unsoundneSs of mind, and an absence of malice. The
learned council called several witnesses.
John Denrierlv, father of the prisoner, stated that when the
prisoner was Voting, he had a veri, bad fever. It was called a
lever on the b. rain. If was when .he was eight or nine years old,
and they never thought that he would live. The fever left hint
quite eh-lidless: 'He resided with them (hii parents) till lie was
married. During the time he lived with hint (witness) be was
quite.i:hildfili-arid Perfectly harmless, except' when the work-
men exasperated him. The people used to call him " My
lord's fool," and the " parson's tool." They used to follow him
home, hooting at him, and he (the father) threatened frequently
to bring them before the magistrates. The prisoner would be
30 next May. He bad hcen married nine years.
By Mr. I.3itANDT.--He (the prisoner) was brought up to
bleaching, but he was soft (silly) and he could not stand it, so
they sent hint to weaving. Knew the pauper Dunkerley, but
did not, see him or speak to him on Tuesday last. Had not seen
him for many y,eirs.
Theprisimer shed tears during the examination of his father.
Henry Scholes stated that he was a weaver in Harpurhey.
Hail known the prisoner 2 years. He considered that he was
soft. Had seen the women and children following him and
ceiling bun nick-names, such as " My lord's fool," " the par-
son's fool," &e.

The Rev. William Horner was chaplain to the gaol at Kirk-
dale. The prisoner was confined there. Had frequent com-
munications with him. Considers that his reason is very im-
perfect, and his mind very confused. Had tested him in seve-
ral ways. On the subject of the principles of Christianity, he
asked him respecting them. He asked him what he thought of
the office and mission of our Saviour. He replied that "Joseph
was jealous of his wife." Whenever he spoke to him on re-
ligious stihjects he always diverged from the subject, and re-
curred to that of the governor of the workhouse. Ile always
justified the act he had committed. He said he was, sorry, but
he had done the deed because of a long series of rtersecutions.
Mr. Thomas Chalmers. surgeon to the gaol of Kirldale, said
his attention was directed to the prisoner by Mr. Thornelec,
one of the visiting magistrates. He trusted-more to esainina-
lions made when the prisoner was not aware that he was ex-
amining him, than-to any particular conversation with him. He
considered him in intellect very little raised above the brute
creation. He thought he was 1 man who, Übe were stimulated
to any revero,eful act, ....could not be deterred by any consider-
ation, from gratifying it.
Mr. BRANDT briefly replied.

His Loensuip, in charging the jury, said there did not seem
to be any doubt as to the fact of the prisoner having struck the
governor a blow with the iron that had been produced. There
was nothing in this case which could at all. supposing him to be
responsible for his acts. reduce this offence from murder to
manslaughter. The learned Judge said it was an entire ques-
tion of inquiry into the state of the prisoner's mind. The
jury were aware that if th-y pronounced him insane he would
be imprisoned for life, to keep him from doing any injury.
The jury, after consulting together for a short time in the
box, returned a verdict of Not Guilty, on the ground of in-
sanity.

The JUDGE said be must be confined in the gaol till her Ma-
esty's pleasure was known.

MURDER.

James Sherrington, aged 22, was placed at the bar, charged
with the wilful murder of John Finney, at Bolton, on the 31st
January last. The prisoner pleaded not guilty. He said his