The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-08-17 00:00:00

LIVERPOOL ASSIZES.

CROWN COURT.-TUESDAY

His Lonosnie took his seat at nine o'clock.
CHARGE OF MURDER.
James Macklin, aged 23, Patrick Canning, 18, Edward
Com,lly, 21, James Miming, 18, Martin Murphy, 26, George
111‘Carty, 19, and Patrick Morland, 20, were placed at the bar,
charged with having been concerned in causing the death. of
William Horner Ross; late an inspector of police in this town.
All the prisoners were dressed in cleanly and decent, and some
of them in respectable attire.
The indictment stated, that James Macklin did on the
2Sth May last, cast and throw against the ground one. William
Horner Ross, and with a large stick, heat him about the
head, sides, and back; and that Patrick Canning, Edward
Conollv, James nursling, and Martin Murphy, did, while the
said William Horner Ross was on the ground, feloniously
beat, strike, and kick him, giving to him thereby divers mor-
tal strokes, wounds, and contusions, whereof he languished
front the 28th- of May to the 6th of June, when he died.
George M`Carty and Patrick Morland were charged with
having beets present, and aided and abetted the above named
prisoners.
The prisoners pleaded not guilty.
Mr. ARMSTRONG and MrSRLISUTON conducted the proseeared
-
cution. Dr. BRowNe, assisted by Mr. 'MURPHY,' app
fur all the prisoners but al•Curty ; the latter was defended by
Mr. WILKINS.
Mr. ARMSTRONG stated the case- to the jury. This, he said,
notwithstanding Isis long experience in criminal courts, was
one of the most painful and important cases in which he had
ever been engaged. The learned counsel then went on to de-
tail the leading facts of the case, after which he proceeded to
call his witnesses.
George Wharton, an inspector of police, deposed that, on
28th May last, he went to a field near the tanneries in Tox-
teth-park, to prevent a fight of Which he had received infor-
mation. The general effect of the testimony of this witness
is embodied in the evidence of the officers afterwards
It appeared that, in the course of the fray, he was knocked
down and severely injury. This was not, however, until he
had seen the deceased, Ross, knocked down and severely ill-
treated.
James M'Quan, police-officer 70, stated, that he was on
duty in the Park-road on the 28th of May. William Horner
Ross and Cowan were there. He was called upon with them
to quell a disturbance in a field near Parliament-street. Ile
saw there the prisoners Canning, Connolly, Durning, and
M`Carty. ltoss told them to ego away, and they replied that
they were doing no harm. Ile said, if they did not go away,
they would fetch a sufficient force to make them. The crowd
then returned further into the field, and Cowan was sent for
further assistance. A ring was funned its Cowan's absence,
and two men stripped and couitneeced fighting. Ross walked
up to them stud told ahem to .stuff fighting, and to go away.
Wharton and several other officers ca-me up. They endea-
voured to disperse these. At first they seemed as if they
were going to 'disperse. One of the men who had been fight-
ing was taken into custody. As soon as be was taken into
custody, the men all turned
.upon the officers. Ross was
first attacked. The prisoner M'Carty said, "Come, go it."
Patrick Ganniug had a stick about 13-inches long. Hestruck
Ross twice on the head, his hat being previously knocked off
in the scuffle. Connolly- struck Ross about the head and
shoulders with his fists. Canning struck him and knocked
him down. When he was on the ground. Murphy, Canning,
Connolly, and •Macklitecontinued to strike and kick him.- He
did not get up at all during the whole time. Had seen Can-
ning before, but did not previously know the other men. He
saw the other prisoners so well that he could say positively they
were the parties. Ile and his comrades attempted to rescue
Ross, but they were beaten off. Ross was then left surrounded
by the crowd.
Cross-examined by Dr. BROWNE.—Connolly, Dousing,
and Murphy struck- Ross before he fell. He was knocked
down about a minute from the commencementof the striking,
and he (witness) conceited that it was the blow from Cans
uing that knocked him down.
By the JUDGE.—Did not see any blow struck by Canning
with a stick after Ross was an the ground.
By Mr. WitasiNs, on behalf of M'Uarly.—The prisoner
M'Carty said, " Go it—come?" The crowd was quiet before
that, and he conceived that that was what set them on.
By the JuDOE.—The ring was broken when M`Carty made
use of those words. It was not whets the ring was first formed
that he made-the exclamation, but just after. From the time
when the ring was first formed to the time when Ross was
knocked down, about two or three minutes elapsed. Had
seen fights of this kind before. It was customary •to have
sticks to keep the ring.
Thomas Tbrelfall, police officer 234, deposed that he was
on duty on the 28th May last in Mill-street, in the Park.
Charters, a constable, came to him, and in consequence of
What lie said he and Charters proceeded to a field near the
tanneries. There was a great crowd of people., and they were
forming a ring by beating round with their sticks. Two men
were stripped, making ready to fight. Witness saw Mr. Ross
there. Witness was just behind him as he walked into the
ring. He 'several times told them to desist. The fighters
then made away. Ross, and witness, and two other officers
went after one of the fighters. They took him into custody.
The crowd immediately came after them. He had the mats
in his'charee. The crowd attacked Ross, and knocked him
down. Witness saw Doming strike Ross with a square
piece of wood. It was a new squared piece of timber, cut
away at the handle, about fourteen inches long, and two
inches square. Witness had seen the piece in his hand, and
told him to throw it aside. Durning struck Ross about the
shoulders. Connolly kicked Ross. He had a stick and ,a
rough piece or brick in his hand. Saw Canning also in the
crowd, and George M`Carty. APCarty did not do anything,
but he cried out, "Go on !' Witness was tripped, mid when
he got up he saw Ross upon the ground in a helpless condi-
tion. They retreated a few yards back, when some other
officers, came to their assistance. The crowd then fell back.
He saw some persons carry Ross away, but he did not know
who they were. •
Cross-examined by Dr. BnowNe.—About three rounds
had been fought whets ltoss went.
By Mr. WILKINS.—II was after Ross was knocked down
that he heard M`Carty call out.
Robert Ritchie was on duty on the 2Sth May, and went to
the tanneries with Wharton and Fish. There was a crowd
of people, and two men stripped and fighting. One of these
two was taken into custody by Wharton, and the other ran
away. When they pursued the fighter, abOut.fifty or sixty
of the crowd came after them throwing bricks and stones.
The prisoners Canning, Connolly, Durning, Murphy, and
Morland were in front. When these five came to the front,
they stopped two or three minutes, when Macklin stepped
forward and got alongside of Ross. Some one in the crowd
called out, " Now, lads, go it!" At that moineneldine of
them, about 20 or 30, took staves out of their pockets. Mack-
lin? when he came forward to Ross, laid his right arm across
the breast of the latter, -and (tipped him over his knee, and
Ross fell to the ground. When he was on the "round they
commenced beating hint. Witness was instantly pinioned
behind and knocked doWn. He was also cut in the head by
a blow. The crowd cried out, •'" Kill the --, murder
them!" Witness drew himself up on his hands and knees,
and saw Ross, who was lying on the ground, with his hands
and knees drawn up as if to protect himself. There were
about six or seven persons over him striking at him with
short sticks. W itness was unable to identify any of the
party who were striking. He did not recognise any person
after he was knocked down. ,
Cowan, officer 126, stated, that he went with Ross
-t the top of Hill-street, and he was sent by him into Parlia-
Ment-street, to pass the word into the town for assistance.
He then went back and found the crowd near the tanneries,,
attacking the officers. He saw amongst the crowd Connolly.
Macklin. Murphy, and Durning. Connolly had a stick
4out 18 incises long, and in his hand a stone or brick. Wit-
Oss saw litre- strike Inspector Wharton. Murphy had a
stick of the same kind. When he saw the assistance coming
up he shouted, "stand boys!" Witness pursued Connolly.
He ran towards the edge of the pit. • He either fell its, or
was knocked in. Just before that he turned round and said
—"D-- you, I'll give you -as much as I gave the captain,"
Witness pursued and took Murphy. Witness had no doubt
but by "captain" he meant Wharton, whom he had just be-
fore struck. .;„
Margaret Barwood stated that she resided in Copperas-
hill. Oa the 28th of May she was going into Parliament-
lane. In the field there was a crowd which increased while
she was there. Two men came into the field and stripped to
fight, and the crowd increased very much. She saw the pri-
soners Macklin and Connolly there. She saw the officers
come tip. •The fighters were parted for a time. She saw
Macklin put his arm across Ross's lsreast and trip.him. She
saw Connolly throw him down and kick him tuost severely.
Macklin at first had no stick, but after he had knocked Ross
down he produced a stick. He struck Ross several times on
the head with a stick. Connolly had a stick, and with this
be beat Russ on the•head. One man who was beside Ross
when he was knocked down was thrown on his face. The
officers were beaten off, and Ross was left upon the ground
'in a state of insensibility. He never got up after he was
knocked down by Macklin. He was carried away in a yens
contused state, and insensible. -
By -the JunGE.---:She heard a man say that Inspector
Wharton was knocked down. This was after Ross was
knocked dun.
Robert Bowerbank, officer 260, stated, that on the 2Sth of
May last he was on duty, and was sent for to the Park with
officer Cowan.. Saw Wharton, and saw the nien kick ar
strike him. -Could not say who did it. Saw Charters
knocked down. Rushed in to assist the police, and was im-
mediately knocked down. Felt his. head struck, and was
after that insensible.
Peter Baker stated, that he was a carter in the employ of
Daniel Chadwick. On the 28th May he was at his master's
stable, which joins the field near the tanneries. Witness
. saw a crowd, and a man in the dress of-a police officer was
knocked down. The officer was in a falling attitude when
he first saw him, and lie received a blow on the forehead
which felled him to the ground. He was kicked, and imme-
diately the crowd so closed about him that he could not see
what was done. The man who struck the blow, to the best
of his belief, was Macklin. When he again got sight of the
policeman he was lying on his back with his knees drawn up.
Witness went over to him when the crowd left him, and
found him bloody and.insensible, fli,e-erowci,we.s in a riot-
ous state lower down the field. Wituess endeavoured to
raise him up, but as the man was so helpless he was unable.
• Witness called assistance, and be and another person drag-
ged him into a ropewalk, where he:slightly recovered. Wit-
ness asked if he should get hint a bucket of water to wash
himself. He replied, "I would thank you to get me a car
and get me into the lane." Wituess told the police and
several other persons to come to the assistance of the man.
Peter Carrington, officer 125, stated that he knew the de-
ceased, who was an acting inspector of the police; and he
lodged with him. On the 29Th of May he-went to the Infir-
mary and saw him. Witness produeed the dress of the de-
ceased. The coat was much stained with blood.
J. —Nottingham, house-surgeon at the Infirmary,
stated that on the evening of the 28th of May, Ross was
brought to the Infirmary. He was in a state of great ;Agita-
tion, and in his (witness's) opinion there was reasen for it.
He was much bruised about the legs and arms. The chief
injuries which he had received were contused wounds on the
scalp, which witness conceived to he of a dangerous charac-
ter. It was Monday when he entered, and on- the Wednes-
day, dangerous symptoms came on. Erysipelas attacked the
edges of the contused wounds; that was a very common con-
sequence of wounds of the scalp. The dangerous symptoms
increased in intensity, and on Monday he was attacked with
inflammation of the brain. Ile died on the following Wed-
nesday. In his opinion, death was caused by the injuries on
the scalp. The proximate cause of death was inflammation
of the brain. The blows must have, been violent, for the
scalp was divided, but the skull was'nnt anywhere fractured.
There were five wounds, four of them considerable. Two
on the right side of the forehead, and three on the left.
'llls was the case for the prosecution.
Dr. BROWNE addressed the jury in defence of those for
whom he was retained. He called the attention of the jury.
to the circumstance of Canning being the only person amongst ,
the prisoners who had ever heels known before by any of the
witnesses. Ile was known by Mquan, who, he said, was
coktradicte4tY_all other witnesses. 'l'be colifilsion of
• I,••sr..‘
makitc4 very correct observations. Ile also pressed in con-
sideration the very slight nature of the evidence against
Morland.
',. Mr. WILKINS addressed the jury on behalf of Weedy.
Persons, he said, might be present at a scene of the descrip-
tion of which they had heard, with the best intentions. They
might be there to leen a fight, or to prevent mischief. As to
the expression which had been used by M`Carty which one
witness said was "Go it, come!" and another said was "Go
on!" he conjured the jury to put the more merciful construc-
tion upon it, and to believe tbat he was speaking either to
the parties•who were sunning away or to the policemen.
Several witnesses were called to speak to the characters of
the prisoners.
His LORDSHIP charged the jury very impressively, re-
minding them of the 'very awful duty which he and they had
to perform.. His lordship proceeded at some length, and with
great perspicuity, to point out the bearings of the law on the
case, and the difference betwfon murder and putpalpghter.

After some remarks as to the caution and deliberation with
which evidence as to identity ought to be weighed, his lord-
ship proceeded, to read over the evidence, commenting very
minutely thereupon as he went on.
The jury requested permission to retire at a quarter-past
two o'clock. They returned at half-past three o'clock, and
found the prisoners Macklin, Canning, Connolly, Durning,
Murphy, and M'Carty not guilty of murder, but guilty of
manslaughter. Morland they acquitted, The jury stated,
that they considered it a very aggravated case of man-
slaughter, but, having some doubts on their minds respect-
' ing the murder, they gave the prisoners the benefit of them.
His LORDSHIP having commented on the enormity of
the offence, said, it was necessary for him to pass a severe
sentence. They had all been found guilty of manslaughter
under circumstances of great disorder and cruelty. They
had attacked a defenceless man, for when Ross was down he
was defenceless. lie was not a voluntary servant, but was
acting in the discharge of a public duty, under which he was
compelled to interfere. His lordship distinctly said, that if
the verdict had been for murder, he would have selected one
for execution, and that one would have been Mircitlin. His
lordship concluded by sentencing all the prisoners to trans-
portation for life.

CHARGE OF EmnEzzLEmENT.
John Corbett Peel, a fashionably-dressed and good-looking
young man, was,placed at the har, charged with having enr
bezzled certain monies, the property of the company o
proprietors of the. Bank of Manchester. The indictment se
forth that the prisoner being employed as a clerk in the Bank
of Manchester, at which Mr. Burdekin was the chief officer,
did, on the 31st of Mal last, receive £1,038 Os. Id., on ac•
count of the said Edward Burdekin, and embezzle that and
kept the same ; another count charged hint with stealing and
embezzling £300; another with stealing and embezzling £6O;
and a fourth with having stolen and embezzled a Bank ol
England note for £3OO, a Bank of England note for £lOO,
100 sovereigns, 100 half-sovereigns, 100 shillings, and 100
sixpences. There were various other counts in the indict-
meat, setting forth the offence in various ways.
Mr. Starkie and Mr. Dundas conducted the prosecution,
and Dr. Browne and Mr. Wilkins defended.
Mr. STARKIE, at some length, stated the case to the jury.
'Mr. Thomas \Vhittenhurry Olivant stated that he was a
director of the Bank of Manchester, In May last, the'pri-
goner was a cashier on a salary. There were two other
cashiers, who were stationed at each end of the counter, the
prisoner's situation being in the middle. Each had a sepa-
rate desk, and separate drawers and tills. 'l'he cashier kept
a balance-book. The book produced was the money-book ol
Mr. Peel. This contained the items of cash which be had On
hand at the close of each day. It was his (witness's) duty
every week to examine the prisoner's accounts. It was the
cashier's duty, at the close of every day, to suns up his book
and to count the money that he had in Band. When witness
examined the accounts, it was his duty to see the gold, notes,
silver, &e. all told, to convince hint that it was correct. The
cashier then put it into the box assigned to it, and carried it
into the safe. He was the accountant of the hank, and re-
sided on the premises. If money were paid into the bank the
cashier ought to put it in the cash-book. If £l.OO were paid
in £5O of which were gold and £5O paper, he would put the
gold into the drawer. Lie would thou make a credit-ticket
for the whole amount, fold it in the notes, and put it in a
drawer for the purpose. The credit-tickets art' collected by
the note copier, who also tickets the notes. He puts down
the copies of both tickets, as notes in the Copying note-hook.
The copier keeps the notes until past bank hours, when be
returns them to the same cashier. On the 31st May, went
and examined Mr. Peel's money and account, having ex•
amined it on the 17th May. Witness Went on the 24th May
last, did not seethe prisoner. Witness' on the 31st, found
him at his desk, with the note-book. He appeased to be
adding it up. .He , did not do so. He appeared extremely
unwell, and complained of being in great pain. Witness
left him, saying, probably he would be hetter directly. Wit-
ness was away about ten minutes or a quarter of an hour.
On' his return the cash was still not made up, and the prisoner
was gone. Witness proceeded to make up the cash, and
he found it amount to £24,954 15s. Id.. The amount of silver
receipts as found in the till as his receipts was £l4 16s. 9d.;
gold,-167 sovereigns; notes, £1,644 ss. That ought to have
been, if correct, all that he had received in the course of the
day. Soule entries were made by Mr. Burdekin, on the
night of the 31st. When he made the examination, he found
in a bag of 1,000 sovereigns a sovereign too 'many. That
money which was found in the drawers was always carried to
the safe. The balance, on the 30th of May, £27,99235. 10d.
1 Some of the balances in the book had been altered since he
looked at them and found them right. There had been
erasures both in the amounts and iu the columns.
Mr. E. Burdekin, manager of the Bank of Manchester,
having taken the money-book, said the items of the 30th ol
May and the summing up were in the prisoner's hand writing,
£27,992. 3s. 10d., this ought to have been the sum of money
in his hand on the 30th. This agreed with the balance as shown
by the general cash-book. The general cash-book had three
columns of £. s. d.: one for earli cashier, and three separate
balances were struck in the evening. On the 31st of May the
balance was £25,994. 15s. 8(1. by the general cash-book: Mr.
Olivant named the actual casts really in hand in the prisoner's
department, and it was £2-1,954. 15s. 7d., which was afterwards
augmented by £2. This left a deficiency of 1;1,038. Os. ld.
There was no entry in their books or check note to denote
money paid by Wrigley and Co. on the 31st, but there was
the amount in their pass-book. Each cashier had a drawer,
of which he kept the key. Mr. Burdekin here described the
course of business in a similar manner to Mr. Olivant. Mr.
Peel had been employed since 1834.
John Dounnette, copying clerk at the bank, stated, that it
was his duty to enter the prisoner's notes, of ail descriptions.
He kept the note-book and the rough cash-book. This wit.
ness gave further particulars as to the course of business, and
proved that, on the 31st of May, there had been no note ol
any amount for Wrigley and Co., and some other firm.
Henry Worthington:CoTlier stated that he kept the genera'
cash-book. He showed that he bad handed to the prisoner
accounts of his balance from time to time. He had not re.
ceived any account for Wrigley and Co., or for Bridge and
Co. on theillst.
Richard Greenough stated, that he was one of the cashiers
of the bank. He proved that at the time spoken of by the
complainant, when the prisoner complained ofillness, he went
to the prisoner and offered to assist him. He said he was so
ill that he could not make up the balance. He had taken out
his money, and laid it on his desk. Witness advised him to
go home, and he did so. After the examination of his money,
witness went to his house at half-past seven, but he was not
at home. Witness went again at ten o'clock, when he was in,
and found him still complaining. Witness said he bad come
from Mr. Olivant to ask for some explanation respecting his
accounts, in which there was nearly a thousand pounds defi-
cient. He said it was devilish strange, it was right the night
before ; but he hoped he should be better the next morning,
and he would be at the bank. He did not ever return to the
bank.
• Cross-examined by Doctor BROWNE. - Sometimes the
cashiers borrowed front each other where a particular deno-
mination of money was wanted. He remembered recently
to have borrowed two £5OO notes from Mr. Peel's cash, while
he was down stairs. He wanted large notes.. He told Mr.
Peel, on his return, and the money was passed to Mr. Peel's
credit at night. Remembers a mistake of £2,5(X) snore than
the check having been paid out of the stamp-office account,
which is kept by them, to Mr. Shuttleworth's check ; that
was in the morning, and the money was brought back and
the mistake discovered before the day was over. ,
Thomas Dance, a porter, proved .that the prisoner'
money was in the same state when it was brought up on the
morning of the 31st, that it had been when it was carried
down on the preceding night.
James Wrigley proved the payment of £3OO on the 30th
of May, viz. a £2OO and £lOO Bank of England notes. Wit.
ness produced his pass-book, with the entry in it.
James Mott proved the payment of .£6O on the above
date, and its entry in the pass-book. The prisoner's hand'
writing to two letters was proved.
The post mark of the first was Loughborough, June 2d,
1838. It was addressed to J. it. Fowles. Manchester.
It appeared that the prisoner had ridden frbm Manchester
to Loughborough, (79 amiles,) in eight hours, resting only
one hour all the way. The letter stated that he had ridden
through a heavy rain, without the possibility of getting a
drop of comfort for the first 45 miles, as he started at two
o'clock in the morning. He requested his friend to go to
Plymouth-villa, his residence, and take away ,whatever he
liked, as he would not wish those banking people to get a
' single stick.
Sawley, a police-officer, of Manchester, stated, that he
went in pursuit of the prisoner, and found him at Amster-
dam. He at first refused to yield to the warrant, as he said
it did not extend to that country. Ile then said he hail not
taken so much money, as was charged in the warrant.
Ultimately. Sawley took him into custody, and brought him
to England.
Mr. Burdekin stated that he saw the prisoner in the Man-
chester prison. lie confessed'to him, that he had embezzled
£2.2.50.
Dr. BROWNE addressed the jury in defence of the prisoner.
His lordship went minutely into a statement of the law re-
lating to larceny and embezzlement. applying it to the case
as he proceeded.
The jury found the prisoner guilty of embezzlement, under
the second and third counts.
The Judge, in a feeling address, passed . sentence of trans
portation for seven years.
The court adjourned at a quarter to eight o'clock
d

o'clock.

NISI PRIUS COURT.—TIMSDAY.
(Before Mr. Justice WlLLtatas.)
STEWART V. SMITHET.
Mr. Alexander and Mr. Wightman appeared for the
plaintiff, and Mr. Cresswe!l and Mr. Watson for the de-
fendant.
This was an action brought by the plaintiff, who was a
steward on board the Shearwater govenment steamer, plying
between Liverpool and Kingstown, against the defendant
Captain Smithet, for tin alleged balance of wages and fees
due to him whilst acting as steward on board the Shearwater.
It appeared for the plaintiff, that he hail been engaged as
steward eight or nine years on board the Shearwater, and had
been in the habit of receiving £4O a year wages, and was to
find the captain in such eatables and drinkable,: as he might
require on board, and also to supply the second steward, the
stewardess, and the cabin boy with victuals, he being allowed
to have the profit of the sole of such victuals and liquors as
might be required by the passengers. Formerly it w s
a the
custom, when the Shearwater was engaged by the Post-office
and under its pay, for the captain to receive half-a-crown
from each passenger in addition to the passoge money. But
on the boats being taken from the Post-office by the Ad,
miralty, this payment was ordered to be discontinued to the
captain, and an order to that effect was posted in the cabins
of the various government steamers, at the same time re-
commending that that a payment of 2s. fid should he given tothe
steward for his care and attention to the passengers. The
plaintiff eventually in October last left the employment of
the captain, and took the Clarence Inn in Liverpool, and
his nephew took his situation as steward on board the
Shearwater. The nephew afterwards left the ship, and the
plaintiff then claimed the settlement of a balance of his ac-
count from the captain, the defendant, and sent in his bill.
It appeared, that after the order respecting, the half-crown
fee from the Admiralty, the steward afterwards 'collected it
and handed the money over to the captain, it being contrary
to the general orders of the government that any of their
officers should directly receive such fees. But it was con-
tended for the defence that it could never be the intention of
government to take this emolument from its officer, the de-
fendant, and give it to his servant, the aggregate amount of
fees being £3OO or £4OO per annum, more than their officer
received as his pay as a lieutenant, and which would in fact
be paying the steward, his servant, a greater amount for
serving out
porter and ale and brandy to passengers, than
was paid to the defendant, a gentleman ofstatibn and educa-
tion, and from whom was required to fill his station great
knowledge of navigation, and great courage to sail the vessel
in all weathers, and on whom the heavy responsibility of the
lives of the passengers and the value of the vessel rested.
This the counsel for the defendant contended would be ab-
surd, and it was an impudent attempt to extort money on
the part of the plaintiff. It appeared that on the strength of
this order stuck up in the cabins, the plaintiff thought he was.
entitled to the fees, and was .no longer bound by his eng,lE-
iir ttbl:lteh"ki'Vit:l'fazit'tati't;thl'ofi's'r,i7c="ttiil;fert","aktli'd
give the captain the lion's share, charging for him-
self one shilling for each passenger, and paving the
wages of the second steward, stewardess and cabin-
boy, as a sort of set off for the captain. After charging
for several items of provisions, geese, a quart of brandy, &c.,
furnished to the captain from on board, and giving the cap-
tain credit fbr £3O, received part of the head-money, he made
the defendant debtor him for £lB 10s. The captain refused
to pay this on the ground that the plaintiff had nothing what-
ever to do with the fees, and the plaintiff then made out an-
other account charging his wages and the wages of the second
steward, stewardess, and cabin-boy paid by him in addition
to the provisions, &c., giving credit to the captain for the
whole amount of fees received, making the balance due from
the captain £lB 17s. The captain refused to pay this on the
ground that he had paid the under-steward, the stewardess,
and the cabin-boy himself, and, therefore, the plaintiff had
no right to charge him with the amount of their wagee. The

plaintiff then sent to the defendant an attorney's letter
through Messrs. Howard and Wiche, demanding immediate
payment of his account, and charging Captain Smithet, in
addition to the provisions before named, with the whole
amount of the fees:received, snaking his claim £79. This
Captain Smithet refused to pay, and the plaintiff brought his
action against him, but claimed in the record, in addition to
the whole of the fees, his wages, and the wages of the under-
steward, stewardess, and cabin-boy, for trlong period, making
this his fourth claim £l3O 13s. Id., for which sum the action
was brought. The learned counsel for the defence severely
commented on the nature of the claim, and said, it was pre-
posterous to imagine that Captain Smithet could have enter-
ed into such an engagement with his steward as to pay hint
after this rate, and there was no evidence that he:had dune so.
The steward was no goYernment officer; he was merely the
servant of the captain. The accounts were also put in settled
by the plaintiff, showing that he had been regularly paid his
wages, and the money had been given to hint to pay the other
cabin servants, and that the plaintiff was £l4 in the captain's
debt.
His LORDSHIP proceeded to sum up, and spoke of the va-
riation in the plaintiff's demand, letting alone the absence of
all proof that the captain had agreed to give him the fees, a
variation which bespoke of itself a want of accuracy, when
the jury.stopped him, and said, theyhod made their minds opt
and would not further trouble his lordship, and found a ver-
dict for the defendant.
BRYAN ANI) ANOTHER V. NIX.
This was an action brought for the I ecovery of £656 10s.,
the value of a quantity of oats. It appeared that Messrs.
Bryan, Herd and Ca., of Liverpool, were in the habit nf re-
ceiving consignments of oats from Messrs. Tenpeuny & Co.,
of Longford, in Ireland, and on the receipts of the bills of
lading were in the habit of accepting bills drawn on them by
"enpenny and Co. for the value of the consignments. It ap-
that Messrs. Tenpenny were in the debt of Messrs.
otter and Nix, of London. who, in February, sent down
heir chief clerk, a Mr. Walker, to Longford, to endeavour
to obtain a settlement. Messrs. Tenpenny had a relative in
Dublin, who saw after the transhipping of the oats front the
canal boats, which came from Longford On board the vessels
which were to convey them to Liverpool; and it had been
customary, for greater expedition sake, to forward t hese canal
boat receipts of the cargoes of oats to Messrs. Bryan, Herd,
and Co., who had accepted for the consignment on teir re-
ceipt. In February, 18.36, a consignment of oats was made
by Messrs. Tenpenny to Bryan, Herd, and Co.. in the usual
course, and the canal boat receipts were forwarded, on which
Bryan, Herd, and Co. accepted Tenpenny and Co's drafts
on the consignment to the amount of £656 10s. On the ar-
rival of Messrs. Foster and Nix's clerk in Ireland, he seized
on these consigned oats for the debts of his firm; and the
plaintiffs having accepted bills on the receipt of the canal
boat receipts of this consignment for the amount, brought the
present action for the recovery of the amount from Foster
and Nix, the oats being then theirs, and nut the property of
Messrs. Tenpeuny. The defence was, that the canal boat
'receipts were not of the same nature as bills of lading, and
'tat, therefore, the consignment was not regular and cona-

plete.
The jury found a verdict for the plaintiff, establishing the
canal boat receipts as of the same nature as bills of lading.
DORSFALL AND °VIERS V. PIM AND ANOTHMI.
Mr. Cresswell aud.Mr. Watson appeared for the plaintiffs,
and Mr. Alexander and Mr. • for the defendants.
This was, an action brought by Mr. Horsfall, Sir John
Tobin, and many. other individuals carrying on business
under the firm of Forrester & Co., engine-makers, against
Messrs. Pint and Hutchinson. two of the directors of the St.
George's Steam-packet Company, for the balance of a debt
of £8,700, for the manufacture of a marine steam-engine for
the steam-packet Vulture belonging to that company.. It
appeared that the plaintiffs originally contracted with the
Cork Steam-packet Company, in December, 1835, to furnish
t.hem with a marine engine of a certain description, for a
vessel building for that company by Mr. Russell, ship-
builder. Soon after, the Cork Steam-packet Company was
dissolved, and the St. George's Steam-packet Company en-
gaged with the Cnrk Steam-packet Company to take their
contract with Messrs. Forrester & Co. on the terms agreed
on with the latter firm. This was arranged between the two
Steam-packet Companies, and Messrs. Forrester & Co. were
notified of the arrangement, but still held the Cork Company
responsible tinder their first contract. The terms of payment
were one-half cash, to be paid in cash on the completion and
trial of the engines, and the-other half to be paid in bills at
six months. The engines Were completed and the first hall
payment was made, and afterwards one bill was accepted for
half the remainder, leaving the . £2.200 due to the plaintiffs
i from the defendants. On the trial of the engines it was found
that the paddle-shafts were placed too low, and iu conse-
quence, when the vessel wcs loaded the paddles were too
deep, and the engines could not work properly. On this
ground the defendants refused to pay the fourth quarter of
the debt, and also on the ground that it had cost them £7OO
to get the paddle-shaft raised to the proper water-line, and
£l4OO to get Hall's patent adapted to the engines, which was
ordered, but which the plaintiffs had refused to adapt to them
in the process of the manufacture. It was acknowledged by
the defendants' that the engines in themselves were as good
as could be. In reply to this, the plaintiffs urged that the
fault of the engine-shaft being placed too low was not to be
attributed to them, but was the fault of the ship-builder. It
was the duty of the ship-builder to furnish them with sections
showing the water-lines of the vessel when light and when
loaded, and to inform them of the 'draught of the vessel.
'Phis was not the engine-maker's business; and he knew no-
thing about the draught of the vessel other than he was in-
formed by the sections of •the ship furnished to him by the
ship-builder. Messrs. Russell had furnished the plaintiffs
with sections of two vessels, the Clonmel and the 'Vulture,
building by them. In the section of the Clonmel,•the water-
lines were inserted showing the draught of the vessel when
loaded and light, but not in the section of the Vulture; but
Mr. Forrester *as informed by Mr. Russell, juu.; that the
Vulture would draw afoot less than the Clonmel, which
would give the Vulture a draught of water of 8 feet when
light, and 10 ft. 3 in. when loaded ; whereas, when tried, the
Vulture when loaded drew 15 feet—five feet more than the
section directed the engine-makers. The plaintiffs made the
engine according to the section, and of course the paddles
were too deep by the half of 5 feet. Afterwards the paddles
were raised 2 feet, at au expense of £7OO, which it was
attempted to charge on the plaintiffs, as being owing to their
fault. As to the second point, of refusing to adopt Hall's
patent, when the plaintiffs were told to du so, in July, 1836,
the engines were too far advanced to make any difference in
the original contract plan.
The jury found a verdict for the plaintiffs—damages,
£2,274; the amount of the remaining bill due, with interest.
'he court adjourned at seven o'clock.

CROWN COURT.—WEDNESDAY.
Is Lordship took his seat at five minutes before nine

CHARGE OF MURDER,
William Hodge, aged 25, was charged with the wilful mur-
der of Mary Moore, at Withington, ou the 19th of June last.
The indictment charged the prisoner with having, with a
certain hedge-stake, beaten and wounded the deceased, and
the second count charged him with having beaten her with a

certain blunt instrument-
The prisoner is a strong, well-built, and tolerably goo
looking young man. He was dressed in a blue coat, bat agan
vest, sniped fustian trowsers; blue shirt, and cotton handker-
chief. He presented himself at the bar with au appearance
of great firmness. There was, however, an abruptness about
his manner that gave indication of his firmness being assu-
med. lie pleaded not guilty.
Mr. STA REM and Mr. BRANDT appeared for the prosecu-
tion. Mr. WILKINS and Mr. PoeLocx for the defence.
Mr. STARK IE stated the case to the jury, to whom a plan
of the road between Manchester and Houghsend was pro-
vided. Mr. S. pointed out to the jury the several places as
indicated thereupon which he had occasion to mention. The
learned gentleman entered into minute details of the circum-
stances which were to be brought forward in evidence.
Joseph Moore staled that the deceased Mary Moore was
his wife. She was 48 years of age, and was in the service of
Mrs. Chorlton. She attended the Manchester market with
the garden produce of Mrs. Chorlton. She set off to market
on the 19th of June, at half-past six in the morning, and he
never saw her again till she was brought home on the next
night a corpse. She had on a market-pocket, in which she
kept the money which she received for produce. She put
the money in loose. She had also a private pocket of her
own, in which she had money or her own, which was safe
when her body was brought home. She usually went to Mrs.
Chorlton to pay her money before she came home. She had
on a black straw.-bounet. She was ih the habit of wearing
flannel round her head.
By Mr. WILKINS. —Witness knew the place where the
occurrence took place. Any one, from the windows of his
witness's house, could see the spot. The house of. Mr. Wood,
a constable, was in that lane, and there was an end window
to Mr. Wood's !lapse, from which the spot could be seen. It
could also be see from a neighbouring farm-yard. Moss-
lane was a public road to Manchester.
Thos. Hooky, a servant to Mrs. Chorlton, stated that he
went with the cart to the market on the 19th of June, with
Mrs. Moore. He saw her at market, and saw her receive
copper and silver money there. She put the money in a
pocket under her apron. She sold all the produce by eleven
o'clock in the morning. Witness parted with her, and she
told him she would go to the end of Tibb-street. He took
the cart past the end of Tibb-street, but he could not see her.
He got home betwixt twelve and one o'clock.
Cross-examined by Mr. WILKINS.—She might receive one
or two shillings in copper in the market.
Lydia Hodgson stated that she lived at No. 6, Lower
Brook-street, Chorlton. She saw Mrs. Moore about eight
o'clock on the morning of the 19th June, at market. She
saw her receive silver and copper money—half-crowns, shil-
lings, and sixpences, She called at her house before she
went home, and remained about an hour. Witness paid her
a half-crown—two shillings and one sixpence, and fourpeucc
in copper. She put it in her pocket under her apron. This
pocket she called her master's pocket. She set off in the
direction of home. She had a reticule basket and two jugs,
which site brought from her.
Cross-examined by Mr. WteroNs.—Mrs. Moore had some
copper, but not much.
James Mee stated that: he lived in Moss-lane. He had
known Mrs. Moore twenty•years. He saw her last on the
19th of June, in hieshippon, at two o'clock, by his watch,
which was, however, twenty minutes too fast. .Witness walked
out down the lane a little, and was soon overtaken by Mary
Moore; he addressed her, and she replied. He asked how
the market had been, and she said " very fair." • She told
him that gooseberries hail been selling at 3d. per quart.
They walked a little together, and then she bade him "good
bye.' He saw her for a short distance, but not far. It was
just before she would arrive at a pond that he lost sight of her.
By Mr. W ILK INS.—If the deceased had not been murdered
he thought she would have arrived at Mrs. Chorltim's about
two o'clock in the day.
Lydia Hodgson recalled and examined by the JUDGE.—
She saw deceased a quarter before one, and site was perfectly
sober.
John Boundritts said the de.ceased was his sister-in-law.
On Wednesday evening, the 20th June, he went to search
for the deceased. He sought in Eason's field, where there
is a pit. The grass was trampled down about the pit side,
and on searching a ditch, which runs from the pit, he found
the deceased. She was lying in the water, which was level
with her top coat. Her knees were first taken hold of. She
seemed to have been very much struck on the side of her
head with some instrument. Her bonnet and cap were hang-
ing at the back side of her neck. There was a private foot-
path through the field, which was about 500 yards from Mrs.
Chorlton's.
By Mr. WILKINS.—He first began to search about seven
o'clock in the evening. Searched first in Mr. Wood's field,
adjoining. He was accompanied by Mr. Wood's son, a con-
stable. The body was found about nine o'clock. About the
pit was much trampled in several places, and it " looked like
enough" that several persons had been there. Could not
,perceive that they had got in anywhere but through the gate-
steads. It did not seem as if a heavy body had been dragged
through the long grass. The path through the field was
sometimes used on trespass as a footpath to Chorlton's, but it
would not be the road to her house.
Re-examined by Mr. STARK 01011,211 t something
bad been put in the pit. because, at the nearest point to the
footpath, the grass was trampled and disturbed. There bad
been grappling in that and other pits during the day. The
body could not have floated from the place where be thought
something had been pushed in, to the place *here it was
found in the ditch.
William Lee stated that he was in the service of Mrs.
Chorlton. He searched for -the body of Mrs. Moore, and
whenround, she had her market pocket on, under the apron,
but there was no money in it. She had her private pocket
on. It appeared that in this pocket were all the money. and
things which she had when .she left home.
By Mr. WILKINS.—He was in that lane from ten o'clock
to a quarter past twelve in the morning. He saw some
strange men there. They were pitching-and tossing for above
an limn-, and he left them there. They were close to the
turning to Mrs. Chorlton's.
By Mr. STARKIE.—Does not know the names of those
men, but has seen them since. They were before the coroner.
Mary Baynly stated that she saw the body axt the gate when

it was brought out of the -field, she accompanied it home,
and saw it again at eight"o'clock next thinning. She assisted
to lay it out. There was under the cap the flannel which she •
wore. lF.he washed, them and delivered them to the consta-
ble. There were 'on the bonnet and cap mire aud green •
weeds. There were two holes in the cap, on the righrside
opposite the wound on her head. There was a hole in the
flannel opposite a wound on the top of the bead. Her clothes
were all wet. Her left hand was straight down by her side,
and it was grasped full of grass. Her right hand was raised
up near her ear. The fist was clenched.
Cross-examined by Mr. WlLKlNs.—There were four, men
engaged in carrying the body.
Samuel Dale stated, that on Wednesday, the 20th June,
about one o'clock in the afternoon, he went to fish in.e pit
in Withington. He found a reticule-basket at the bottom of
a field near the hedge. That was the field where the licitly
was found, and from that Spot, the place where he found the.
reticule, was distant about twenty yards. In the basket was
a can about half full of treacle, some tobacco, ginger, pieces
of check, two small jugs, and some tape. The check Was wrap-
ped in blue thick paper. He took the basket to the office of
Mr. Allcock, the deputy-constable, and left it there:
By Mr. WILKINS.—There is a little footpath runs across
the field to the pit side. The handle of one jug was broken
off. The paper of the tobacco was a little wet when lying
there. The check was made into a parcel ; some of the treacle
was upset. The lid of the treacle can was on.
By the JUDGE.—The reticule could not have been thrown
there from the footpath.
John Chorlton stated that he was the son of Mrs. Chorlton.
Mrs. Moore took to the market produce which ought to, have
realized from £3 to £3 10s. She usually came (tiled to their
house. Witness knew the prisoner at. the bar He had worked
for them, and left them about amonth befiere. lie had worked
about two months in the garden.
By Mr. WiLietNs.--LThere Were 'aboutlO servants on their
farm. The prisoner called at their house on the day he was
taken into custody, which was some time after the murder.
The coroner's inquest was sitting on that day, and the circum-
stance was the talk of the neighbourhood. Belled been sent
for by witness to go and work.
By Mr. STA ItK E.—Witties sent for him at the instigation
of Beswick, the constable..
By the Junde.—The prisoner knew that they mind''Mr.
Wood employed many people near the spot.
Ellinor Benion stated that Mrs. ;Moor who was cousin to
her mother. She (witness) recollected when the hotly was
found. Saw the prisoner on the day the murder was com-
mitted. It was beside Mr. Brooks'. new road. She bad a
basket, and he requested her to let him carry it. • .
The prisoner here exclaimed-e" I never saw you on that
day at all." ' •
Witness.—" You did—yen know you did."
Prisoner.—" You are ;liar.'
Witness went on to say that she bad known the prisonerbe-
fore. He pressed her repeatedly to let him carry her basket,
but she refused, telling him that it was no weight. They parted
at Mr Brooks' toll-gate, and tie went along Moss-side-lane.
She first met him at one o'clock by Mr. Pouley's bell. She
parted with him at the corner of Mosslane. It was about
twenty minutes past one when site left hint. She had with •
her a child about eighteen months old. She walked with him .
about half a mile. Had known him 14• or 15 years.
By Mr. WILKINS.— Her husband was scot king at that time
at Mr. John Cookson's. She had come direct from Matches-'
ter. She left hothe at nine o'clock for Manchestet:, Her
house was at Chorlton. Witness knew a persou named John
Baggerly. She did not see him that day. She was some time
since the stewardess of a club, and was turned out for fraud. •
She had since paid part of the money back again. She had
not been intoxicated since she had been in Liver pool, and was
not iu the habit of getting intoxicated. She gut back to Chorl-
ton about half-past.two o'clock.
By the JUDGE.—She was about two guineas deficient, in
her club accounts, and she had paid back 225.
William Morgan stated that on Tuesday, the 19th June, he
was in Moss-lane from one o'clock to half-past. Saw the pri-
soner in Moss-lane, between Mr. Wood's house and the road
to Mrs. Chorlton's. Witness met him. He was going in that
direction. Witness turned his head, and saw him going into
the field. Ile was three or four yards in the field. It was the
next field to where the corpse was found. Witness had se'ets
him three or four times before.
Cross examined by Mr. Wiwates.—Resided in Har-
greaves-street, Hulmee_near Manchester. Had resided there
about four months. Works as a navigator cr farm-servant.
Had been employed in various places. Had been before a
magistrate as a wituess, but not in any ether- way. Was in
Muss-lane about ten o'clock. Went round through Stretford
and back, up Mrs. Chorhon's lane, about half-past I o'clock.
When he was there in the morning, he met several people in
the lane. When he came back lie met no one but the pri-
soner. I.le was twice before the coroner, and lie told him
that he met four Irma in the morning. The four men told
him that they were looking after a job of mowing, aud they
were going towards Mrs. Chorlton's. Did nut say to anyone
that he saw no person in the lane but the four men. • .
Chas. Kenyon stated that he was a gardener in MiseChorl-
ton's service. He was there when the prisfiner. Hodge
wosked for her. He left the service. Before he left, one day
lie said to witness, "Charles, this garden of yours makes a
deal of money in the summer time." Witness said, "It
does." lie said, "Which way does Mary Moore come home
—does she come over the fields, or down timeline ?" He
(witness) said, "She chiefly comes day's the lane." He
said, "Is she late or,soon when she comes—does she always
bring the money with her home ?" Witness said she did,
and she never was late since be knew her. Witness said,
" What makes thee to ask that ?" He (the prisoner) said,
" It's Dutch no one nil's her." Witness said, " Nips her!"
He replied, "They can't do that. she comes home too soon."
Cross-examined by Mr. Wi teis.—Knows a man named
Renshaw. The prisoner never wade any mischief between
witness and Renshaw, but he told Renshaw that he (witness)
was the greatest liar upon earth Wituess never threatened
to kick hint. Would not swear that he did not. The wit-
ness was then cross-examined as to the precise expressions
which he had used, which were re-stated as above. He said
he had stated the same
.before the coroner. .The depositions
were put in and read. He bad not stated, according to the
deposition, that he exclaimed " Nips .her !" and that the pri-
soner explained that it meant taking her money.
Edward Jacques stated that he worked at Mr. Cotterill's
rope-walk in Hulme, or between Huline and the New road.
On the other side was the Chester road. Remembered Toes-
day, the 19th June. On that day he saw the prisoner coming
from the Huhne and Stretford road towards the rope-walk.
He was coming (lawn by the bridge. Them was a pit in the
field. Ile looked about him as if to see if any one were look-
ing. When he got to the bottom of the hedge, he took some-
, thing enrol' his poCket, and began to wrap it in something
blue. He got over the gap of the hedge into Townsfield.
He put his hand into the bottom of the hedge two or three
times. He returned over the gap into the other field. He
passed the rope-walk, and went into Mr. Shepherd's beer
shop. at the corner of Chester-street. Witness was its a shed
at the end of the rope-walk, where the prisoner could not see
him. Withess saw the prisoner again at seven o'clock next
Morning. Ile went to the gap that he had been in the day
before. Witness called out, " What hrings.you there?' and
he stepped back immediately. Ile -went towards the Stret-
ford new road, and witness followed him. Witness met hint
again at the other side of the hedge in Townsfield. Witness
said, " What brings you there—you are tresspassing ?" lie
requested to be allowed to go to the bottom of the field, but
Witness would not let him. He said, " go back." Wit-
ness went back the other way; and hearing something from
two other men, he went into the field, and found the prisoner
behind the hedge again. lie was creeping on his hands and
knees, with his hat off, about a dozen yards from the gap.
Witness said, " What! you're here again?" • Ile jumped up,
and looked aft aid, saying' " Well ; I'll come no more." On
the Tuesday witness saw him put a piece of blue paper iu his
mouth as he passed. It was about as big as a man's hand.
When he returned over time field he had it not. A pieee of
paper which he saw in the hands of Alcock, the constable,
was like it.
Cross-examined by Mr. WiLxlNS.—The field is,sotnetimes
made use of as a cricket-field. - Saw the prisoner about five
o'clock on Tuesday.
. .
Joshua Kitson, another workman at Cotterili's rope-walk,
spoke to the fact of the last witness having pointed out Hodge
(the prisoner) to him on the 19th of June last, when he (the
prisoner) was standing is, time gap of the hedge. The state-
ments of this witness were generally corroborative of those
I of the last „witness.
Henry Ford, another workman at the roper}, gave similar
testimony to the last witness.
Edward Sweatiness stated that, on the 20th June last, he
was at the hedge above alluded to. He found a pared con-
taining eight !self-crowns, a five-shilling piece' and twenty
shillings its siXpences and shillings. They were butte wrapped
up in pieces of blue check. Wit uess went to -search in con-
sequence of what Kitson had told him. • . • -
Cross•exashined by Mr. WILKINS.—He (witness) bad
spent the money. Ile had given some drink to some of the
men atthe ropery. Ile had spent the money principally its
clothes. He could not remember exactly what he gave for
them, but it was about £1 16s. lle showed the money to
William Kitson, who was with him when be found the last
parcel. He did not claim a share of the motley.
The Joyce told the witness that the twat time Ise found
money he was to remember that it was dishonest to appro-
priate it to his own use.
Cyrus Allcock, deputy-constable of nuttier*, stated that the
hedge was pointed out to him, and near the spot where the
money was found an officer picked up a piece of blue paper.
He compared it with paper taken from the basket. Witness
produced a piece of check cloth. lie had compared that
with a piece of check given to him by another officer. Wit-
ness produced several pieces of torn blue paper, which ap-
peared to be portions of a sheet of paper which had been
used originally as the wrapper of a ream of paper. [His
Lordship tried to fit time pieces together. Those pieces which
had been used to wrap the parcel in the basket fitted; but
the piece found in the field would not fit at -all.]
Richard Beswick stated that he was one of the constables
of Manchester. lie searched for the prisoner on the Friday
following the murder, but did not meet with him till the 2901,
when he took him at Chorlton's house. Witness. when he
took hiin, told him what he was taking him .for, cautiotting •
him. Witness showed hint the spot where Mary Mriore's
betty was found, and he replied that he -wna not in that •
neighbourhood at all on the -day its question, and if he
(Beswick) thought he (the prisoner) had committed the
murder he was devilishly mistaken. 'this was about a toile
and a half from the place where the money was found. :Wit-
ness took hiin past the latter place, and be said he never was
there in his life, and denied having secreted any money
there.
Richard Green, a police-officer, of Manchester, statedlhat
prisoner having told hint where he lodged, he went • there,
and found a handkerchief• or piece of check, lie had com-
pared it with the piece in which the money was folded, 1,/
corresponded exactly in pattern, and the witness was ofopt-'
nion that it corresponded-, as if torn off. [His LortisiliPt"l
not so well satisfied of the latter fact, and all that-he wont,.
allow was that it corresponded in pattern.]
Bridget Allen stated that she lived. in• Tailor's-court. Ox'
ford-road. The prisoner had lodged with her about three
months. The prisoner went out on Tuesday, the 10th, about
eight or nine o'clock, he returned between three aryl four
o'clock. It seas past the usual dinner hour, and he said I,'
would go to the Cotton Tree and have a glass, He•ereut,
and was back before four o'clock. He was in the house sit
five o'clock, and he went out before seven. He did nut eon,
home before two o'clock. He had paid regularly for his
lodgings while he was employed, but he had not paid:for,
month, having been out of employment: The handkerehtei:
which Greets found belonged to the prisoner. On the •We'.,
nesday or Thursday she remarked that le had tad' hi
whiskers taken off. • eed
Mr. W INS.—The prisoner owed her 10c &hi he
she had not yet received it. He was generally very re"u Ut
and well-behaved. His whiskers and hair were ti
shorter. He had previously said that the barber had cutel.
hair so short, that he would have his ehiskers cut to me"
tee
When he returned on Tuesday,-he might be a little eleve__
with a glass or two • but he was no way
told him that Mrs. two;
had sent for bins to go to: sj. ae
and had promised hint advanced wages. Ile rep
thought he should tire them before he should lie tired
at he
.Thom.ls Wood, censtable of Withisigton, stated th
,•ee,
resitlett is, Mess-lane. Ou she Olst of June he found a _
disordered.
c(birnic:
of wood, a hedge-stake, in his field. Ile too-mid iu one of e
'fences a piece which corresponded with it.
Cross-examined by Mr. W
the brook's side a dirty shirt and
were found. A pair of palters also were found in h
were a
about twelve yards from where the body la)% witness's)
pair pair of clog pat tens, and were sent by one of his
were
u that they
men to Joseph Morris, under the supposition
pair of
the property of the deceased. •
taN el
cottont he rs
cse by
:ears,
Thomas Boothby, a little liee-office.
proved that Allcock had brought. a basket to the pi
`22, ho
Mr, Hollier, surgeon, stalcd that on
Friday, Juue
death to an extensive fracture of the
.skull, on tg
I Ilse fracture
boy, aged about eleven
Therel
was were
examined e
sufficient
o to
oy
porfod the
u cedeath: deceased,ioat: irhute,
ildseer.
was at the back of the -head, on the.right si e.•
amid flannel
two lacerated wounds of the scalp. The cap
hadweu correspondingld fa lI without
beingho les .
. •
• - • •• - •
abAle!lteorasstiankere:tetyiv
crsyn.c'h 'ia."ribia°cvf-