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

friends were ion poor to employ counsel for him, and he hoped
the court would employ some one to defend hint.
His LORDSHIP requested Dr. Brown to undertakethe•de,
feuce, and the learned Doctor immediately complied.
Mr. Bit NDT couducted the prosecution. He s•tid this was
another of those important cases iu which they -had to inquire
into circumstances attending the death of a fellow-creature.
That the death of the deceased would amount to murder was,
he thought, pretty evident. They would have to iuquire whe-
ther the prisoner was the person who had committed the act.
The learned counsel then entered into a detail of the circum-
stances which afterwards came out in evidence. The facts of
the case, he thought, did not carry it far enough to warrant con-
viction. .There was, however, a sort, of evidence which he
should not detail, as it consisted of certain admissions or pro-
mised professions of the prisoner. It was doubtful, however,
whether this could be received as evidence, as certain promises
were made to him, and it would he with his lordship to say
whether thiti could be received as evidence. An overseer, who
was present, said you had better not make any promises. •
Robert Norris said he was the manager of Foeg's Colliery.
The prisoner at the bar worked as a collier there. Remem-
bered a man of the name of Joh., Finney beiug there. Did
not see him. alive. Saw him after he was dead. Took the
prisoner into his custody, and took him to James Spencer.
Put a great many questions to him before he took him to
Spencer. Took the prisoner to where the body was. James
Spencer uncovered it, and desired the prisoner to look at it.
He covered it as soon as he could. After that, Spencer, the
constable, anti Parkinson took the prisoner down stairs. Does
not know certainly whether Spencer went into the room or not.
There was a person named Knowly there. Charged him
again with having been in the cabin. lie denied it. Witness
said, " Your wife and sister say you told theM that you had
been in the cabin." Said he thought it would be better for hint
to tell. Said "James thou art sure to be fouud guilty, thou
hadst better declare ; it will perhaps be better for thee.' After
he had state 1 this, Parkinson came into-the room. Parkinson
is a special constable. Parkinson said—" Robert, don't make
bins any promises." He spoke that loud enough fur the pri-
soner to hear. , .

His Lottusuir faid.this'woUld not do, for it was the duty of
Parkinson to have removed this impreision. lie ought to have
said it will not be better fur vou. '

Mr. BRANDT said he would proceed to the next point.
James Spencer sworn—ls Constable of the township. Robt.
Norris delivered the prisoner into his care on the 31st Jan., and
asked him several queStionS. When Norris delivered him into
his custody he said he had confessed, but it was not said in the
hearing of the prisoner. They then took hint to the Farmers'
Arms, having been j,,ined by the prisoner's wife and brother.
Witness said the prisoner had murdered a man in a very brutal
manner.' The wife and brother both spoke to the iirisouer, and
said " What Made thou to go near the cabin ?"
Mr. BRANDr said the prisoner made an answer to that, and:
the question was whether that answer would be admissible or
not?

The examination continued. Witness had not held out any
threat or promise,
.nor had he cautioned. Witness did not
know that Norris had held out any promise.

Dr. BROwx objected-to the production of any evidence after
the promise made to Norris. l'his declaration was made after
the strongest threat ou the one hand with the strongest promise.
The prisoner was still under the influence of this promise. The
learned doctor cited a case King v. Sexton,.from Russell, on
crime. 649. An officer had given a prisoner two glasses of gin
anti had thus obtained his confession.—Judge West held that
this evidence was ivadmissable. The question would be whe-
ther the promise continued to influence the mind of the pri-
soner.

Mr. BRANDT thought the nature of the answer was rather
that of a justification than as a confession.
The JUDGE said he should he very sorry to make any such
distinction, because when it came before the court, it was, in
point of fact, a confession, and he thought the points should be
kept as broad as possible. The time that elapsed was only five
minutes, and whe❑ a man had once disburdened his mind by
con fession,• he was inure likely to go on confessing. He thought
1 he could not admit this as it. would be a very dangerous prece-
dent. A coufessio❑ should never be taken without a caution,
and the after confession ought not to have been received with-
out a very strong caution, whereby his mind might be disabused
of the impression. Ile thought the best way would he for con-
stableS never to take confeisions without first giving a strong
I caution. It. was exceedingly. wrong in them to attempt to
worm a confession out of a man by these means of threats and
promises. •
Mr, 134ANDT said, • under these circumstances he •did not
thinkproper to proceed.
The 'Learned .Jun6ts said it amounted to a case of very
violent suspicion, but-he thought they could not proceed to the
jury.
A verdict of not guilty was taken.
AVTEMIfING To POISON. '

Mary,Skerringtma, aged 24, was charged, 111 Vary with having gbYontlielst of January last, attempted to p
send-
ing her a pudding in which arsenic was mingled.
Mr, o.lit.Tori stated the case.
Ellen Baldwin, a little girl, lives at Upholland, with Mary
Baldwin, a'confeciioner. Recollects the let January. She was
itheu,,witb Ellen Curless, who is going of ten years old. They
were carrying pies. knows the-Owl at Upholland. Knows
1111'0r? Skerringron. Saw her near the Owl, at the bottom of
• Righardsuu's entry.. She spoke to them, and asked if they
were going up street; asked were they going past John 'Corbin's.
They said yes. She said, "Will you take this to Mary Byers,
and ,"y it, was sent by a woman that she is thick with." She
gave.thetn a die with a dumpling in it. She'also gave them a
piece of currant' cake. They tasted the dumpling, and it tasted
bitter and made their tongues smart. They took it to Turbot's
and gave it to Sarah Torbut.

The Prisoner.l-never saw this girl that night.
Witness examined by the JunGL.—Knew the prisoner. Had
lived near her a long time.
In reply to the prisoner.—You were there that night, and
you gave it to me..

Ellen Corless stated, in nearly similar terms to the last wit-
ness, that the prisoner met them, and that she gave them a
pudding in a pie dish. They tasted it and it was bitter.
Sarah Torbut, wife of J. Turbut, lived at Upholiand, and
Mary Byers lodged with her. Remembered Ellen Corless bring-
ing a pudding in a black dish. Site stated that a young woman
had given it to her, and that it ovas for Mary Byers. Her fin-
gers slipped into the dish, and she put her finger into her mouth.
It was very bitter. She tasted it further, and found it more
bitter. She put the piece from her mouth, and washed her
mouth out. Witness knew a man named John Seller. He
had been a follower of the prisoner, and she had had two chil-
dren by him. Witness gave the pudding to Sarah Byers.
Sarah Byers, a female i,f rather unpi epossessing appearance,
stated that Sellar had courted the prisoner formerly, and now
courted her.

Edward Swift, a constable, produced the dish. He bad tried
an experiment with the dumpling on a dog. A piece the size
of a hen's egg was given to the dog. In twenty minutes the
use of its limbs was taken away. The dog died In two hours
and forty minutes afterwards.

Elizabeth Swift stated that she went into the prisoner's house
at one o'clock on New-year's-day, when she saw the prisoner's
little boy eating potatoes out of the dish 'produced.- - She knew
the dish, and had borrowed it front the prisoner frequently.
Thomas Fisher (stvoin.)—Ts a surgeon at Wigan. Received
a dish from the surgeon of Upholland. , It contained a currant,
pudding. ApPlied a test to it. Could not detect any poison in
the pudding. Analysed it as, well as he was capable of analysing
it. Could not discover what it contained. It bad more in it
than puddings usually have. Directed the constable to procure
a dog, and to give it a portion of the pudding. Opened the dog,
and found the pudding undigested in it. Did Dot observe any
Morbid appearance in the stomach. Should think the pudding
contained softie narcotic poison, whieh had destroyed the dog.
Could not ascertain what that. poison was. Should think it was
a vegetable poison. Noe vomica would have that taste.
The JUDGE said this indictmen. was laid under an act of par-
liament which was passed last year, and which had altered the
law on the subject.. The clause under which this indictment
was laid made the offence of attempting to admininister poison,
though no injury should accrue, felony, and the person was
liable to transportation for life, or for any period not less than
fifteen years.

The jury returned a verdict of Guilty, and the prisoner was
sentenced to transportation for life.

MURDER.

John Davis, aged 29, was cla;eci with the wilful murder of
Ann Davis, his wife, in this town, on the Ist September. The
prisoner was charged, under the coroner's inquisition, with mur-
der. The Grand Jury returned a true bill for manslaughter.
Mr. Harding conducted the prosecution, and Mr. Murphy
defended the prisoner.
Alice Bradford stated that she lived in School-lane, in this
town. The prisoner at the bar was the husband of her late
daughter. Remembered Friday the 'first of September last.
She was in School-lane on that day at the cellar of the prisoner.
Her daughter when she entered sat at the further end of the
cellar. She (the datighter) shook her head at her. She did not
weep—she was past weeping. She (the deceased) wanted to go
out, but the prisoner, her husband, caught her by the gown, ann.
threw her to the back part of the cellar. He then knelt down
and beat her on the temples. He then got up on his feet, and
he kicked her on the side, and before he left her he kicked her
in the belly.

Cross-examined by Mr. MUR Pil Y.—Witness went out on that
day with some Mangling. Knew a public-house kept by a per
son called Hebblethwaite. Had not been there that day. Had
not bought any Spirits there, nor bad she taken any spirits to
ber daughter that day. The husband of her daughter was .a
pilot, and he earned money enough to keep them very comfort
ably. They had lived at a house nt -Canning-street till they
went to the cellar in School-lane. The house was a comfortable
house. Never knew her to pawn anything for liquor. They
had been separated once. The learned counsel cross-examined
the witness vpry severely as to the mode in which the injuries
were inflicted. The deceased was in the family way, and shortly
after the injuries had been inflicted she was delivered of a child
prematurely,
Frances Ormsby was well acquainted with the deceased. Re-
members Friday the first at September. Was in the cellar on
Friday, at one o'clock. The old woman was sitting by the fire,
and the prisoner sat near the door. The deceased- sat on a
chair at the table. Saute sharp words passed between them.
She had got as far as tha first step of the cellar, when he pulled
her back and flung her on the floor. She fell on ber side. lie
then kicked her with his foot on her side and on ber belly. He
struck her about the head with his hand shut. Ile stooped and
repeated the blows. Witness begged of him to desist, and not
to kill her. They lifted her into bed, but, she never spoke
more. She died on Monday.
Cross-examined by Mr. MURPHY.—The prisoner had had
seine liquor, but he was not drunk. She had seen hith drunker.
Had known Mrs. Bradford, the last witness, these thirteen years.
She was not drunk at the time. Has seen her drunk. Has
seen the deceased drunk. She did not appear as it she hail
taken anything to drink on that day. There was a mangle in
the cellar. The deceased did out fall against the mangle.
The prisoner had shoes on when lie:kicked tier. Witness had
not any drink herself that day. Did not know bow the •
wives were paid. Did not know that she had got a pound a
week from • the Pilots' Committee. Heard the deceased say,
that he had let her get 10s. a week till that time, and that naoru-
ing be had added 51. per week to it.
Jane Davis, a little girl aged about 10 years, having been
questioned by the Judge, was sworn—She remembered her
Either and mother quarrelling. Frances. Ormsby was there.
My mother (said the witness) pledged my father's shirt to get
his breakfast wi'h, and when my father came home be asked my
mother for the shirt. He went to the kitchen to look for it, but
he could not find it. My mother wanted to go out in the street
to get air, and my father took hold of her and pulled her be the
petticoat and threw her back. He struck her with his timid on
the face three times before grandmother came in.
Cross-examined by Mr. MURPHY.—Her grandmother had
gone out to take some clothes. It was not to Mr. liebble-
thwaite's public-house she went to fetch her grandmother. She
saw her bring home some liquor to the house that morning,
which her mother drank. She had fetched three gasses. Her
mother drank three glasses. Witness was sent for some liquor
that morning.' Her mother drank it: It was in a glass. Her
father came in wet. He took off his shoes. He put then► under
the table and Incked for his shirt, but it was in pledge. Hail
seen her father and mother quarreling before. Her mother
used to take drink, and her father was angry at her. She bad
pledged clothes before, but never to get liquor with the money.
Frances Ormsby and her mother and grandmother were all
drinking that morning. When her father fulled her mother it
was by the petticoats, and she fell ctowil backwards with her

THE LIVERPOOL STANDARD

head against the iron ha.) of a Ghost. It cut the back' of her
head. her lather did nut kick Tier loonier. Ile only struck
her twice while she was down.

John Marsuali, surgeon, of Duke-street, Liverpool, went to
the deceased on Saturday, the 2.1 September. He found her i❑
a state of insensibility. She was in labour. She was delivered
of a male child, having been pregnant about rive months. Saw
her when she was expiring. 'There was no mark externally
about the head except an extreme black eye. There was ❑o
mark on the back of the head' Witness opened the skull.
Found a large extravasation of blood on the upper and back
part of the right side of the head. That extravasation, as he
could not see any other cause, had arisen front the black eye.
Did not find any of the vessels in the head ruptured. Found
about three ounces of extravasated blood.

Cross-examined by Mr. MUHPHY.—A fall against a hasp or a
box might cause the extravasated blood.
By the JUDGE.—Effusion of blood was the cause of death.

Robert Mars;, an apprentice with Mr. Marshall, stated, that
he attended the deceased, :and ordered leeches to her, but they
failed to put them on. He would not undertake to say that
leeches if applied early would have saved her life. The old
woman, he thought, was intoxicated when he called.
Mr. Marshall re-called.—Mr. HARDING.—Can you under-
take to say, from your experience, if leeches had been applied
it would have saved the life of the deceased. Mr. Marshall.—
Nothing could have saved her.
Mr.Muimi Y addressed the jury on behalf of the prisoner.
Ile dwelt particularly on the discrepancy in the evidence of the
witnesses, particularly the contradiction which the daughter
of the deceased gave to the testimony of the two first wit-
nesses.

His Lordship summed up to the Jury, who, after a few mi-
nutes' consultation, returned a verdict of guilty of mAnslaugh-
ter.—The prisoner was sentenced to 18 months' imprisoument
with hard labour.