The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-04-11 00:00:00

111 Wilt

►;i11 10.

I:.
'ended' tnealis Of sUret (I'stie
,
lotion, was to get out of any liabilities Which Might
lii6
m
incurred subsequent to the date of that dissolutiojeu_
if things should happen to go wrong, but that, if
went right, he would be entitled to keep the secret dis.niii%
tion in his pocket and to take his share of the profits; I
in this way, armed with this double scheme, it was, t
Deflinne continued to pursue his course from '37 down to
the time- of the stoppage. The jury would find that as the
concern went on, doing a considerable quantity of bovines 3;
Deflinne hoped, by means of the new debts which were beTl
contracted, to wipe off the old ones, and that this continu
until the beginning of the year '4l, and, indeed, down to t
time of the stoppage. In '4l, however, the exigencies of
firm became exceedingly pressing ; there was a great (lows. a
for money ; trade got bad ; and then Deflinne manifested,.
the strongest apprehension and dislike to a comm of
bankruptcy being taken out against Todd, lest au exP°B
should take place ; but, while he manifested this apprebe°-
sion, he, in the year '37, refused to comply with the sugges
tion of his uncle, to have the concern wound up and stopped'
The difficulties of the concern grew thicker as the year,42
d
drew near ; and, in the May of that year, Deflinne ads'ae
Todd to buy in goods to mend the estate, and to stop OW
ment on the Ist of August. On the 4th of June he wrote a
letter from London, to Todd. Certain acceptances were thee
falling due; and, before Deflinne went to London, it wasr-
ranged that Todd should borrow money from the pladt
The money was accordingly,borrowed. In the letter whie
had been written from London, Deflinne spoke of Todd's
honesty, said he would withdraw his guarantee from the
bank and put an end to the financial embarrassments
of the concern, and he enclosed a circular which be
directed to be sent out to the creditors. Todd immedi-
ately called his creditors together, executed an assignmem
for their benefit, and then a commission of bankruptcy was
taken out. Deflinne made every effort to carry the choice
of assignees, conscious as he must have been of the nature
of his participation in the concern. and canvassed tae
creditors for that purpose. After that, he was afraid that
Todd would develop all he knew about the concerts, and'
at one time, said—" If it had not been for me, the er°",
ditors would never have trusted von, Todd ; " and this was
absolutely and truly the fact. The points of law which the
case involved were few and simple. He (Mr. Baines) took
it as a perfectly clear proposition of law that where a person
had been a dormant partner in a concern, that was to sag.
where his name appeared not in the concern, if he was o,t,
known as a partner, he might retire at any time without risk
of liability for any subsequent engagements of partnership;
but that if he was known as a partner, and acted so as to be
known, he never could defend himself against any oblige'
Lions which that partnership might contract, unless the
creditors had distinctly and individually received notice that
he had departed from the concern. The principle had been.
laid down in Mr. Justice Storey's work on partnership, Pag6
247, that where a partner was dormant and unknown, notice
to creditors was unnecessary ; but that where he was known'
notice was necessary. The learned counsel referred to the
case of " Carter v. \Valley," in Barnwell and Adolehas,
page 11, in which Mr. Justice Littledale said that if the
plaintiff knew the defendant to have been a partner at any
time, notice of retirement from the firm was necessary ; and
then contended that Mr. Deflinne's liability continued; even
if he were not a partner after 1837, unless he sent notice of
the dissolution to his creditors. But no such notice had
been sent to the plaintiff; not, a servant about the establish'
ment had the slightest notion.of the dissolution ; every one
believed Mr. DL ilinne to continue a member of the firm ; a"
the same books were used after the alleged dissolution which
had been used before. If, then, the jury were satisfied that
Deflinne was either a member of the firm down to the time
of the stoppage, or that he conducted himself in such a
manner as that the plaintiff must have known and believed
hint to be a member of the firm, the plaintiff would be en-
titled to a verdict ; and, in giving that verdict, the jury
would give it strictly in consonance not only with the lag,
but the justice and necessity of the case.
The examination of witnesses to prove the case on the part
of the jilaintiff occupied the attention of the court anal"
rising, at seven o'clock.

ttptitifei

CROWN COURT.—SATURDAY.
(Before Mr. Baron PARKE.)

THE ST. HELENS MURDER

Wilmot Buckley, aged 22. painter, was indicted for the
wilful murder of Elizabeth Buekiey, hiS wife, at Eccleston►
near St. Helens, on the 27th November last. According t°
the calendar he could read and write imperfectly.
The occurrence created a great sensation'at the time, which
did not appear to have abated, for at eight o'clock all the
seats appropriated to the ladies were filled with elegantly
dressed females, and low, before his lordship took his seat
every avenue leading to the court was crowded.
His Lordship took his seat at a quarter past nine.
The prisoner had a respectable appearance, and was well
dressed for his station in life. He had on a suit of black.
and a black silk handkerchief about his neck. lie walked
up to the dock firmly, and pleaded not guilty with rather a
weak voice.
Dr. Brown appeared for the prosecution, and Mr. Jainco
defended the prisoner.
Dr. littowN stated the particulars of the case with much
calmness and judgment, and called the following wit-

nesses

Jane Rigby.—l am the wife of John Rigby, of Green Bank,
in Eccleston. Our house is just at the entrance of St. He-
len's, from Prescot. The prisoner and his wife lodged with
me on the 27th September last. They had not been long
married. She on that day had been at home the greater part
of the day. He went to church that afternoon, and came
home a little after four. They went out together a little
after that. I heard no difference between them all the time
they were with me. The deceased, on going out said, 6. Mrs.
Rigby, will you please to leave the key in the mug under tha
door, as Wilmot and I are going out for a walk." They had
sometimes on Sunday gone out for a walk. I was in the
habit of leaving the key in that place. I went out myself
about six, and left the key when she desired me. I returned
a little past seven, and found the key where I left it. I took
the key and opened the door, and put the key back again.
About a quarter before nine the prisoner came in. lie let
himself in through the front door, which was unlocked.
When he Came in he said, " Mrs. Rigby, has Elizabeth come
home ?" and I said, " No." He then said, "We went to
the Bird-iia-hand to have each a glass of rum, and in coming'
HI stopped at a lane end near where Samuel Clough lived.
ouse v near St. Helens, at a place between Morton.
ouse and the Bird-in-hand) I told her to go on, and
would overtake her; I did not stop more than eight or ten
minutes before I walked after her, expecting to overtake her,
but I did not, and I asked two or three people I met if the'',
met a woman of that description. I could hear nothing
Hof
her. I thought she had, perhaps,
gone to my sister Marys,
who lives in the town, and Ihave been, but she was not
there." I said she is, perhaps, at Mrs. Barker's next door,;
He said, " I cannot tell ; I will make a fire at all events.
He made a fire in his own room where they usually sat. He
went into Mrs. Barker's, and said, " She is not there ;" and
he then went into the parlour to his brother-in-law, the hus-
band of Mary, the prisoner's sister. He stopped in till A
quarter-past nine. I was awoke by the prisoner at a quarter-
past eleven? who said, " Mrs. Rigby, I cannot find Elizabeth
nowhere." I said, where have you been, and he went into
his bedroom ; and he said, " Why, Mrs. Rigby, Elizabeth
could not think of stopping, as she has left her keys in her
box." I said, no ; how,could she intend to stop, when she
told me to leave the key. I heard no more of him that night.
I got up about half-past five next morning, and lighed a can-
dle, and went to his bedroom door. I called out, Wilmot,
once, and he did not answer ; and I then called out again,
and he answered. I said, Elizabeth has not come. fie said,
" No." I then told him to get up, and see if she had Seee
to Ashton. He got up soon after, and left the house about
half-past six. Deceased had said that her mother wished
her to be confined at Ashton. She was near her time.
did not see the prisoner again until Wednesday. I saw a
handkerchief, near where the body was lying in a stable, on
Monday, about eight in the morning. A man of the name
of Glover was there. It was Elizabeth Bucklev's handker-
chief, and was bloody.
Cross-examined.—I had not the handkerchief in my hand°
that morning, though I had when I put her into the coffin on,,
Wednesday. He was in the bahit of being away for a wee'
in search of work, and returning on Saturday night. He al-
ways
appeared kind to his wife. When they went out they
appeared on .good terms. She sometimes expressed herself
as being jealous of other young women, but enerally in ge,e
humour, and never appeared in a bad temperg when comPleln-
ing of this. I told her never to mind unless she saw some:
thing herself; for, I said, jealousy damns many_a soul and
commits. many a murder. She Was at this time in perfect
good humour.
Peter Robinson said,--I keep the Bird-in-the-Hand pub-
lic-house. I know Green Blink.. It is about a mile from our
house. The prisoner and his wife came to our house on the
27th November, and had each a glass of, rum and water:
They were in a room by themselves. They remained about,
All
the an bout . They appeared quite comfortable together'
the time.

John Chadwick, a groom, living at Eccleston, about a quar-
ter of a mile from the Bird-in-the-Hand. I was near the
place where the body was found on the night of the 27th No-
vember, about half-past six, on my way home. It would take
me a few minutes to get home. I heard a noise a short pale
after I got home—like a great shout—like the shout of a won'
I cannot tell what direction it came for.
Cross-examined.—I never beard such a noise before.
was startled by it. In consequence of the noise I told nil
wife to shut the door.
wa s em as
Thomas Littler, of Windle, who deposed as follows:-4
oyed in sinking a coal.pit in a field adjoining the
2tuBrtneNikoe;ermoabdera,tabCoouuat
sbosmhoelt)h-ibinrogwp,asitnseEvecncl,eston. On the
to go to George Morton's, who lives atone of tltileefntemwyhowoceslei
at the top of Combshop-brow, to borrow a spade. He came down stairs, and on looking through his pantry,wjndolg. the direction of the place where I had teen working, sa'
' " It
" Thomas, what lies yonder?" and, on looking, I said,
is either a matt or a woman ;" and I went to look at it. ft
found it was the body of a woman, lying rather on her le
side, with one side of her face covered with blood. I feu-
n
d
that her throat was cut deeply. There was a cloth in the
wound like a white pocket handkerchief torn. The woolen
was dressed in black, and blood was on her left bide• ite
had her bonnet on. It was tied under her chin. She
--a
gloves on, but they not bloody. I turned the body and fool'
under it a pair of scissors with a chain attached, and a On
ble. I went to Glover, the constable. I took the thiliLke4l
found in my pocket. I told Glover to go to the body, telle-fi
I afterwards raw at the Eccleston Arms public-house.
the handkerchief in the throat, and part of it, which was
the ground, I left there.
Cross-examined.—There is a trodden path close by wheje
the body lay.
James William Glover.--I am a constable at Ecclestoell:
I met the last witness on the 28th November, and in eel/
quence of what he told me I went to the body. I folio.,
thimble under the body. I searched, but could not fin
knife. I took the rag along with the body to the stab Tot,
the Eccleston Arms. I put the thimble in my pock
(The articles were produced.)
a the
Cross-examined.—I know the path very well, and
'body was five or six yards off. ere
William Storey, superintendant of police.—l know wh
the
'Chadwick and Makin live. (X plan was here handed te l
witness, and he marked upon it where they lived.) I
ccived information of the murder on the 28th Novenre.„o
went in search of Walmot Buckley ; I was going .t.
-Ashton, and met with the prisoner about eleven colulea
'wards St. Helens with his father and his wife's mother.,
'was nearly two miles from St. Helens. I then got out Tce?'
rgig, and said to him, " What have you done with your 0". be
.and he said he had lost her. I said it was rather straygu
'should lose his wife, and told him I would search hin,l'od
7fol, rid in his pocket a large clasp knife, which I opened,
'observed a little blood on the blade. I said, " How did not
,cotse to have this blood on the knife." He said, " not off.
blond, but red paint." I then told him to pull his Ist be'
Ileclid not do so, and I pulled it off. I found the wrist noer
stnes....red with blood. I said, " This is enough for me.!:de no
clvp.ge you with the murder of your wife." He ts thell•
reply. I conveyed him to the lock-ups. , (The witness
detadleA the circumstances about going into the field,
to the
are lg., ven afterwards in the confession.) On gettio,g.sw. I
lock,upt: I told him the charge again. He said notn...l7dbia
searched him, and found six half-crowns. I exaollzl_, the
trousers_ Whilst I was doing so he said, " These are.. are
trousers „I had on yesterday • they are at home; theis.'bed'
black one,;. I went to his lodgings, and
ro-)m. Ma s. Rigby was in the room with mew.en
session of a coat, waistcoat, and trousers, which T 1"
e .he
box. (which was afterwards said by Mrs. Rigby to
left s" eg,
gm ter's). There is blood at the inside of the _ pock 01
the coat ; on the trousers also, on the left breech!! ____oo
and visible I found a candlestick in the Aittl"
It tto_okliPionS.;