The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-12-17 00:00:00

SPECIAL ASSIZE.

(Before Mr. Baron GURNEY.)

His LORDSFIIP took his seat at ten minutes after ten.
Thomas Stew was indicted for the wilful murder of
Alice Nolan, at Manchester, on the 7th July last.
Mr, Brandt and Mr. Wigham prosecuted, and Mr.
James defended. _ _

Mr. BRANDT shortly detailed the circumstances of the
case, after which the following evidence was adduced.
James Kearsley.—The deceased, AliceNolan,lodged;at
my house for nine or ten months, prior to the. 7th July.
Left at half-past ten that day. Never saw her again
alive.

Sarah Sheppard.—Lives in Cook-street. Knew Alice
Nolan. Worked together. Knew prisoner, who visited
her. On the 7th July Alice Nolan came to our house
about half-past ten ; the prisoner bad been there all night.
They went out together about two. She returned alone
after, and the prisoner followed her in about ten minutes.
They had returned about half-past nine. She said she
would have some meat, and they left on good terms im-
mediately after, he saying he would return. He came
back about half-past ten. He came down the yard sing-
ing. He said something at the door and said " here
goes," and stamped with his feet. He opened the door
and fell on his face. I went to him and saw blood com-
ing from his throat, where was a deep wound. He began
to take off his coat, to gurgle as if choking. The surgeon
came in about a quarter of an hour. When they came in
after dinner he appeared vexed, and I said to deceased.
" Alice you have been vexing him." Prisoner then sat
down beside her. Deceased smiled, and they appeared
playful together. He left the house and was absent
about a quarter of an hour, during which I got the tea
ready. The woman wore no bonnet. The prisoner called
the deceased Alice, and she called him Tom.
Cross-examined.---Deceased played about my neck for
about a minute, which he bad done before. He jumped
up quite suddenly at the time they were fondling each
other. The prisoner did not appear intoxicated the night
before.

Martha Wilson lives in Foundry-street, Salford, on the
ith July,saw on that day the prisoner and deceased at my
house about 1 past 3, remained about two hours, and
seemed very comfortable. Deceased and I went out and
when we came back prisoner was gone. She left soon
after.

Hugh Broadhurst lives in Salford, next door but one to
Mrs. Sheppard. On 7th July the prisoner came to my
house to borrow a razor and lather-box, which we lent
him, and he took them away about z past 6. The razor
produced, when I saw prisoner after, was mine.
Joseph Jones lives next door to Mrs. Sheppard. Was
in the necessary on the evening ; heard prisoner coming
up the entry singing. When he came to where I was be said,
" Here goes : here I'll die." He then opened Sheppard's
door. I heard somth'ng drop and on looking found a
razor which I gave to Ray. I went to Sheppard's house,
saw the prisoner bleeding.
Edward Ray.—The last witness gave me a razor which
I gave to a man named Ward.
Edward Ward.—l received a razor. (Produced.)
Went to Rob Roy public-house ; saw deceased ; went to
Sheppard's house and found prisoner, and took him to
the Infirmary. Found a coat in Mrs. Sheppard's ;in the
pocket was a lather-box and brush. The coat was sprink-
led with blood, chiefly in the front.
Thomas Huxley.—On the 7th of July was in Bridge-
street, Salford, near ten o'clock. Came up to a man and
woman standing. Heard him say, "Well, Alice, must
we be married ?" She said, " No, not yet." I passed on,
and heard soon after her call out, " 0 God, Tom."
Looked round and saw her leaving the man. He came
towards me very fast. She went towards Arlington street.
I said to the man, " What's to do ?" He said " Nothing,
good night," and went away. He had a dark coat, and I
think iron heels on his boots. The woman had no bonnet.
The young woman had a dark dress and black handker-
chief.

Ann Kershaw lives in Bridge-street, Salford. Remem-
bers the evening of Sunday, July 7. Saw from our win-
dow a man and woman : she wore something dark, and
also the man. The woman had a cap but no bonnet.
Came in the direction from Brigg's street. Heard them
as if quarrelling, and sent out my little boy to see if any-
thin°. wes wrong.

Wm Henry Kershaw, son of last witness.—Saw a man
and wo ..an standing, and he parted, and as he was run-
ning tell into a gutter, about thirty yards off, in the middle
of a brick croft. He got up and ran away. Deceased
when left by prisoner went away, and when I lost sight of
her she had her hand to her throat. Saw a quantity of
blood on the ground.
Mary Barlow lived in Arlington-street on 7th July last.
On that day saw a woman coming from Brigs-street to
Arlington-street. She had her hand to her throat, and
appeared as if staggering, and I heard a gurgling sound in
her throat. She put her hand on my shoulder as she
passed, and she went to Miss Senior's house and staggered
against the door, and went to the corner of Rockliffe-
street and fell down. She was taken to the Rob Roy
public-house, and had a cap on and no bonnet.
Thomas Barber was in Arlington-street. Saw a woman
staggering in the street. Went and raised ber up. She
died in my arms. _ _ _

Joseph Creighton, surgeon, on the Bth of July, went to
the Rob Roy, saw a body, and found a large wound in
the neck, (described wound.) I think the wound must
have been inflicted with a sharp instrument by another
person. Saw the prisoner on the evening of the 7th of
July, and saw him with a large wound in the neck. He
could not speak, and was sent to the Infirmary.
Mr. JAMES addressed the jury in a very animated and
energetic manner for the prisoner, contending that there
was no evidence clearly showing, as to admit of no reason-
able doubt, that the prisoner was the man who committed
the offence; and further, that if he were really guilty, the
circumstances were such as to show clearly that he was
not at the time i❑ the possession of his faculties so as to
render him responsible for his actions. The prisoner,
since his arrival at Kirkdale, the learned gentleman stated,
had showed symptoms of insanity.
Mr. Thomas Chalmer, jun., surgeon, was called, and
said he was appointed to attend the gaol during illness of
father; saw prisoner on his arrival on the 16th September ;
he was teeble, and suffering from a wound in his throat ;
attended him daily almost to the present time. No com-
plaint about a fortnight ago; extremely morose and
irritable ; placed on a different diet ; much more gene-
rous ; observed a difference. On 2d November saw pri-
soner, and found him in a very violent state ; incoherent
in his language. Cannot form an opinion as to his malady
being constitutional. Would not undertake to say what
the prisoner's state of mind was at the time he committed
the offence.

His Lordship, who considered it unnecessary for Mr.
Brandt to reply, then proceeded to sum up, and in his
opening remarks made some very strong allusions to the
frequency with which excuses of insanity had been
brought forward during the last few years, by which, his
Lordship said, the peace and security of her Majesty's
subjects had been very much weakened. His Lordship
left it to the jury to say whether, on a full hearing of
the case, they considered that there was evidence sufficient
to prove that the prisoner was the man who inflicted the
fatal wound. _ _

After an absence of about three-quarters of an hour,
the jury returned into court, and pronounced a verdict of
GUILTY. The prisoner, who before appeared to be some-
what agitated, became paler when the word so fatal to
any lingering hopes he might have entertained was heard,
and a sort of stupor and faintness seemed nearly to over-

come him. The usual impressive proclamation for silence
being made by the crier, the learned judge, having placed
the black quoif on his head, addressed the prisoner nearly
as follows:
The jury, after a long and patient attention to the
investigation of the evidence against you, have been com-
pelled by that evidence to pronounce you guiltyt and
upon that evidence no reasonable doubt of your guilt can
be entertained. You put to death, without a moment's
warning, a young woman whose only fault, that we know
of, was that of loving you too well. Perhaps she might
have known something of those unbridled passions and
of that selfishness of purpose which have been betrayed
in your conduct and have been exhibited in the fatal vio-
lence exercised towards her, and almost towards yourself.
It is impossible for me to show you any mercy. Make
the best of the time allowed you : you gave her no time
to prepare herself. [His lordship here became much
affected, and the prisoner appeared to swoon, and was
supported by two officers in the dock.] His lordship
then solemnly passed upon him sentence of death in the
usual terms, concluding by the solemn prayer that the
Lord might have mercy upon his soul.
The prisoner, in the apparent excitement of despair,
but partly recovering, made several attempts to address
the court, indicating by his gestures that he wished to do
so ; but, whether from the dryness of his throat or other
cause consequent on the dreadful moment of his doom,
his articulation utterly failed him, and as what he could
have stated would not then have availed him, he was
taken down by the turnkeys in attendance. The distress-
ing cries of a female, which had been heard during the
passing of the sentence, were, as he was taken away,
renewed with increased and distressing loudness, and
prolonged for some time before she could be removed
from the crowded court, apparently in a fit. She was, it
was stated, the mother of the unhappy prisoner, who is
apparently quite a youth.

HIGHWAY ROBBERY AND ASSAULT.

Thomas Webster, 22, was charged with assaulting
Peter Caywood, in Derby-street, Bolton, in conjunction
with two others, on the night of the 27th November, and
robbing him of a pocket-book and handkerchief. The
prosecutor said he was knocked down by the prisoner,
and afterwards robbed, while going home. The prisoner
had worked with him at the same shop some time before.
The witness had with him a watch and some silver, which
were not taken. Two police-officers saw the prisoner in
the neighbourhood about the untimely hour stated, and
he had been previously convicted of felony in Wigan.—
He was found guilty, and sentenced to be transported for
life.