The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-03-24 00:00:00

THE LIVERPOOL STANDARD.

LANCASTER ASSIZES-.

CROWN COURT, Fi

This lye.:lg the thy appmnted for the trial of the mirler cases,
he court was as usual on such occasions. very much crowded,
and amongst the audience, in the gallery and grand jury box,
were a number of elegantly dressed females.
Mr. Baron l'Altick took his seat on the bench at half-past
nine o'clock. •

MURDER OF MR. SOUTHGATE.

Norman Welch, 56, was indicted. for the wilful murd,u. of
William Southgate, by inflicting upon him a wound with a pis-
tol shot, on the 17th of October last, at Liverpool, whereof he
lingered till. the 19th of October, and then expired. He was
also arraigned, on the coroner's inquisition, for the said murder.
The prisoner pleaded not guilty in a firm and audible tone of
voice.

The counsel for the prosecution were Messrs. Sergeant AT-
COLTSIOO4, STARKIE, awl PKKL, fur the prisoner
Messrs. COTTINGHAM WIGRASI. .

Mr. Sergeant ATCHKRLET stated the case to the jury, ob-
serving that they were now about to enter into an inquiry im-
portant to the public on the one hand, and in the last degree
important to the prisoner On the other, and he was quite sure he
need say no more to bespeak their most patient, careful, and,
humane attention to all the circumstauees of the case. The'
!node in whicn he meant to discharge the duty which devolved
upun him was to confine himself to a simple and unpretending
outline of the case. Mr. Win. Southgate, with whose murder
the prisoner was charged, was a person in the employ of the
Board of Customs, at. Liverpool, and • who hal formerly been
employed in some department of the Excise. He came to Liver-
pool in 1811 as an officer in the Custmu-house. The prisoner
had been for some time before employed in the sane service as
a locker, hut he was subsequently reduced to a lower situation,
that pf weigher, on account of some misconduct which was im-
puted to him, and had, of course, a lower salary. Beyond all
doubt that circumstance weighed on his mind. and probably led
to the commission of the crime with which he . now stood
charged. The learned counsel, after describing the leading
features of the case as afterwards-detailed iu evidence, said he
understood it was to be alleged that the prisoner was a person
not responsible for his acts on account of some deusion of the
mind under which he was supposed to labour. lie (Mr. Ser-
geant Atcherley) would not forestal what his learned friend had
to offer on that subject, and God forbid that he shOuld do se.
The jury would hear any evidence that night be offered for the
defence, and in conclusion would have to, say whether .or not
they were salisfiedlhat Al the time the pi isoner at the bar cOui•
mitied the act. imputed Whim he was labouring under,--tiet the
temporary excitement of the liquor, which would be no excuse
for the offence,—but udder such -an aberration of intellect as
disabled him from distinguishing the difference between right
and wrong. '
The following. witnesses were called fur the prosecuticin
-• John Pike, examined by Mr. Cot.Tmas..-1 am:ahappoutter
.uf weighers iuthijferVice of the Customs .at Liverpool. -I have
!:noon the PrisOuer,NorMansWelch, for the last-16 or 17 Years.
in the. mouthof Ocifiber lait he• fihed the situation.of a third
claSs, weigher in t Cuitinii-house. About the mouth of dan.,•
OM, the prisonetwas -reduced from the situation of third class
bicker to that of third class weigher, and there would of course
be a reduction in his salary and wages. I knew, the late Mr.;
Wm. Southgate. lie
.was,surveyor of warehouses at the Cus-
tom-house, and bad filled that situation for about two years-pre-
vious to the tirue when the prisoner was reduced from a locker
to a weigher. -On Friday, the 17th of October last, ahuut a
quarter past ten o'clock in the morning, I was in the Custom-
house yard speaking to Mr. Southgate, when the prisoner mile
from under the archway leading into the yard and passed close
by my right side. Mr. Southgate was standing opposite to me,
about a yard and a half distant at the time ;
_1 saw him raise hie

baud up and step back a pace or two, as if in appreheniiou of
some danger, and immediately heard the repoq of -a pistol..
Prisoner was then about a yard from me, to my right Side. On
looking towards him.l saw a pistol in hiS right hand, And judg-•
ed from the smoke "which I saw coining from the mouth of the
pistol that it was that which had been fired- After the report,
Mr. Southgate put his right hand to his left breast and said,
"I am shot—l ear shot." Pi is.mer threw down the pistol and
said, " There V' Ido not remember his saying unythiug else
ut the time. Joseph Graham and James M`Gatlie came up
after the shot was fired, and with our assistance Mr. S uthgate
Walked into the office, where he sat down on a chair, -till the
medical men who had been scut for came. 1 remained with
him till Mr. -M`Culloch and Dr. Hannay Caine. After they
had examined him, Mr. Southgate was conveyed to his own
home. I did not set him afterwards alive. I saw his dead body.
on the Monday evening following. I had seen the prisoner at
about 8 o'clock on the morning of the murder, but did not speak
to him, or take any partiewlar notice of him. Abaat six weeks
before I saw the prisoner -with several other persons, iu the
neighbourhood of the Custom-house. He said to them that he
was a robbed man, and that he would make an example of some.
one, but did not mention any body in particular:
Cross-exanined by Mr. Co iii a II A m.—The prisoner said.
this iu the presence of several persons, and said it in a loud
tune of voice, so that any body present might hear him. The
deceased had no place to sleep at the Custom-house. His resi,,
deuce was about a mile from the Custom-house, but was within
the boundaries. It was well known to every person in the
Custom-house. The prisoner Caine into the Custom-house
yard, on Aridity 'mooing, the 17th October. There were six or
eight other persons in the yard besides himself (witness) and
Mr. Southgate, and the prisoner might doubtless see them.
Prisoner stood quite still, and did not attempt to run away after
he had pronounced the -word " there !"
Joseph Graham examined by Mr.•Sraakie.—Was a weigher
in the service of the .Cust.enhouse at Liverpool. Was in the
Customhouse yard about a quarter before ten o'clock in the
morning of the 17th of October, and he saw Mr. Southgate
stanihug opposite to Mr. Godfrev's office," near the archway
leading from the street to the yard, ta.king to Mr. Pike. Saw
the prisoner coining front under the archway towards Mr. South-
gate. Ile stoppe 1 within a yard of Mr. Southgate, elevated his
right arm, cud instantly a pistol weut off. Saw the pistol in
prisoner's hand after it went off, but not before. Prisoner flung
the pistol down at Mr. Southgate's feet. Seized hold ofWelch,
and told him he was his prisoner. • \Velch said " It's I thatclid
the -deed!- I am a robbed man ?" Had seen the prisoner
about nine o'clock that morning, but did not observe anything
particular iu his manner. Gave the 'prisoner into charge, aod
then assisted Mr. Southgate into the office. Picker( up the pis-
, toi which prisoner had thrown down, and gave it to a sergeant
of thgdock.poliee iiptiteiF Hobert Clough.
Cross-examioed lirnr:-.Ctrret ti la A m laurel ba stand rig
about three yards-tram the place where Mr. Southgate stood
when laisocier tiretl the- pistol. Prisoner did not attempt to
move from the spilt-after tiring the pistol, but stood quite still.
Did not observe the prisoner's mouth, or take any particular
notice of hon.wheu'lle Ira* him first that morning. •
Mr. Richard Fisher examined by' Mr. Sergeant Arca LET.
—Was a landing4inter at the Customhouse. On Friday
'morning, the 17th of October last, was coining out the laud-
iug-waiter's office, which opens into the yard, .between ten. un-•
notes and a quarter past ten o'clock, aunt was going iu the di-
rection to the street, when he saw the prisoner going from the
street towards the yard. Prisoner had his right hand in his coat -
pocket, and appeared to be attempting to get something Out of
it. Prisoner passed through the middle arch into the yard ; saw
then that he had a pistol in his hand, and immediately after-
wards saw Mr. Southgate passing across the yard with hiS right
hand on his left breast.
Cruss-exaMined by-Mr. COTTING El A M.—Had been a landing-
waiter for ten years; knew the prisoner during that period, but
had not known him well till lately, -perhaps two or three years
ago. Had not had much opportunity of Judging, of his conduct
and character, only
i having had him once or twice under his-di-
rectiou as weigher n landing goods. Could not say as to his
sanity of mind. Had always considered bins -to be a man very
much addicted to drinking. • Could not tell whether it Had had
any effect upon his Mimi. His behaviour was something strange
during the whole period that he (winless) had known him.
Re-examined by Mr. Sergeant ATenta LhY.—Generalty saw
the prisoner on the quays on those occasions when he thin:grt
his conduit strange. -1 he prisoner attended to the diseharge of
his duty day by day. Ilis duty as a weigher was to weigh the
goods brought into the scales. The weigher called, out the
weight, and the landing-waiter entered it. Had known toe pri-
soner as a weigher for two or three years.
By the JUDQL—Cituld not say that the prisoner's mind was
affected, but his- behaviour was strange occasionally. Ha ap-
peared to. be confused in-liquor, but not intoxicated. Never
saw anything in prisoner's conduct to induce hiin to believe that
prisoner was an insane person.
Jam,ies Mlibitfie examined by Mr. CO LT4I AN,—Was a weigher
in the Cuatinaspouse, and was.in the Customhouse yard ou the
mornieg trf the 17th of- October, when he heard the report of a
pistol. sati Mr: SOuthgate stagger at the time the pistol /Seas
fired. Went Upito him, and helped him into the office ; assisted
in taking hls elisthesoff;: observed that the coat and waistcoat
were perfierated on the left side, and saw a Wound on the left
side of the biidy when his clothes were takers off. Had seen
the prisoner before that morning, when he signed the "appear-
ance hook," which the weighers had to sign every morning. Did
not observe any thine particular iu his manner. Had never ob-
served auything very particular in his behaviour.
Cross-examined by Mr. CtirliNGFIA M.—Prisouer was mot. in
the habit of drinking more than other men. Had seen him un-
der the influence of' liquor during the hours of duty.. He was
sometimes Yerynatrageous when intoxicated..
Re-examined 'by' Mr. CoLtra rs.—Prisoner was very outra- •
genus wheti in liquor, but not at other times.
By the
.JtaidC'---:-,Saw•the prisoner almost every day, and had'•
no-reason to suppose-that be was insane.
Robert Clungh examined by Mr. ST A 14K 1 R.—Was a serjeaht •
in the dock' pollee-tit 'Liverpool. On the 1711 i of October, iu
consequence of sinne-iriformation he had received went inyi the •
Customhouse-yard;tiaW the prisoner at the bar fliere,'atul took
him into ciiiftody,; toot hitttio the: dock bridewell ; .wben:there:-
asked if he had any nrepertv about him; prisoner sai4l.belliill
few shillings in has left hand trousers pocket ;'aske'diflitrts',%/t
a pistol about hint; prisoner sail "No, I thre* it itoirn iii the,
yard when-Pshot the man." Asked if tie knew what Tie had

been doing. 2... Prisoner •said " Yes, I have shot a damned kogue,
—one that has lobbed-me." Searched the prisoner; and` otind
SM. tid. in silver in .his teat hand pocket, eleven copper percus-
sion caps, and, haughty by a string from his neck, a small-Ilia.-
tle or phial. .( Here %ituess produced the article.) Atlcrwatrds
received the pistol. from a person named Clrahatn."l'ried
of the percussion caps which he had taken from the'prisoner on
the pistol. It fitted the cone exactly, and he. snapped it off.
The pistol and caps were aftei wards locked up iti the l'own-hall
Blidewell. Prisoner appeared in a perfectly sound state of
mind at the time. Ile appeared a little excited, Idit• walked.
perfectly steady when he got to the BridetVell. Had 11E4 no,
ticed his Moile..-01. walking before he got there. The phial found.
on the prisoner was afterwards examined by Mr. M'Cullucti, the
surgeon.
By the 3UPGI4.—The distance from the Customhouse-yard to
the 'Dock Bridewell was about thirty or forty yards. Had not
as opportunity of observing whether the prisoner walked steadily
or not-before getting to the 13ridewell, because he was held ou

the road there. - •
C ross-exa hied- 1)y Mr. CUTTING A ht he observed,
something like ik,ftir about the corners of the prisoner's mouth
as if he had been drinking. Prisoner appeared to be a little,
affected with liquor when he got him to the Bridewell. It was.
about twenty or twenty-live minutes past ten o'clock•in the'
forenoon. The phial was concealed between the prisoner's.
waistcoat and his shirt.
Mr. Morris Matthew .George Dowling examined by Mr.
Sergeant Atchertev.—\Vas superintendent of the Dock Police
in Liverpool. On the flat in question' heard what had happened,.
and went to the, Customhouse. On his'way there:at the corner
of 11 anover and Paradise-street, saw the prisoner at. the bar in
the custody of two of the limn constables, who were taking him'.
from the Dock Bridewell to the Town-hall Bridewell. Stopped
to look at him a 3 he vassed, but did not speak to him. Went tai
see Mr. Southgate, and had some discourse with him. Saw a'
.wound in his left side which had the appearance of having been
made with a ball. Mr. Southgate died on Sunday, the 19th,
about the middle of the (lay. On Saturday, the 18th, went.to
the Town-hall Bridewell along with Mr. Nrlour,•the superiip:,
and saw the prisoner at the bar.
and there was no appearance:
4Perilds•eltri'sreetitedtlpvehrfeniviceca'lm,
of invinit.y assets! &oh he and Mr. Parlour cautioned the
prisoner that whatever he thought prop,q• to say then might
pro,iuced against him on his trier The ohil•ct of their visit to
hint w .s to ascertain, if possible, whethstr -there was .a.tiy truth,
in a report that other officers of the customs were in danger of
their Prisoner said ne kuentof none that were in danger..
Asked him whettutr,it was true limit Aup iniende..t to shoot Mr.
Ross, the inspoetorkstrualar. that morning? Prisoner said. he..
had out, and that he 'reset for the sole purpose of shooting Alt.

Southgate. Prisoner was askeil if any other persons were
'connected 'With the .sanfortunate affair, or who knew of it. lie
at,first _said •• SJ," .M4,:afterwaras toll hint (witness) that
another Weigher in-irre W-lout tie named, did know of
it, and was with him io, a. pOiic-house near the Customhouse
when he Waded the pistol. Sa.d that. he had loaded it -in the
pri,4,•andahat the person-whom he named had recoinMended
bin strongly not to do it. In reply to other questions put by
•liimself and Mr. Parlour prisoner said that he had purcha,ed the
pistol at Patrick's shop ; that he had given a guinea for' it ; that
rieWas asked by a Man in.the 'shop when. he 'p4rett rsed thepis-
tol.what he wanted it tor; that he told the man .he wanted it to
tire at a mark to decide a wager with a friend ; that he had got
six bullets at Patrick's, ant that ott the road from the shop he
had thrown five of them away, not in a lump, but one at a time,
and that he threw five of them away, because he knew that as
he should only have occasion for one it was unnecessar) to-keep
'them. Ile said that after, loading the pisttil he hart thrown the
reinainchlr of the powder down the privy. Told prisorter'that
he had sat up with Mr. Southgate the night before, and that Me.
Southgate said he .had not spoken to him (prisoner) for six
mouths.previons4. Asked him if that was true, and prisoner
said it.'swas • frold hint there. were very, little hopes of Mr.
Southgate's recovery. Prisoner said " I hope he wont -die ;
but, if he, does,he'li go to heaven." . Prisoner afterwards stated
that about two years ago Mr. Southgate had reported him in
consequence of thirteen pieces of calico having beets missed from
"the warehouse of which he was. locker, but that he (prisoner)
knew nothing about the loss of them, and that in consequence
of that report ;he and his fatuity had lost £2O a-year ;r that after
th it report-Mr.-Southgate had. found. him (prisoner) eating his
dinner at a warehouse on the head of a cask ; that Mr. Snub
-
gate told him that that was not the place for aChstoinhonse offi-
cer to eat his dinner. Prisoner said " Where shall Igo then ?"
Mr. Southgate said "Up the entry." To• which prisoner re-
plied, "If l gO there you'll report me. fur being absent from
my duty." Prisoner said that at Other times after, that Mr
Southgate, :in corning to places where he was employed, used to
say "Where'.. that Welch ? I don't see hint. I suppose he's
drunk." Affif that lately he (prisoner) had drunk very hard
of spirits, which kept up a constant excitement in his mind.
Mr. Baron PARKE.—Did you take notes of the conversation,
Mr. Dowling?
Witness.—No, my lord, I did not.

Exuinitation resumed.—Prisouer became very much agi-
tated and cried When his family was mentionciL lie was asked
if it was trueJloat he had taken leave of his family on the morn-
ing of Southgate's death, and he said that it was; for he did
trot expect to return ku them again. Ile was asked why he had
the laadaanat upon hint, and whether he had intended to 'de-
Stroy hinieif with it. . He. said • no, he intended to take a few
drolis.of it to make hint sleep:. He (witness) and Mr. Parlour
were•abotit to go• away and - leave hitri, when prisoner
Stop; tell you toe worst Thing that ever happened to' me in
my life. I was quartered some yeats ago in Ireland with the
:2d Lancashireniilitia, . I -and souse other privates got into a,
sort; I was, very much beaten. I was.some time in "the hospi
tit 4 waSltitte ontotaniiniod. SinCe that liquor affects :lie
vary muCts. f,!..He!(wituess),atid: Mr. Parlour were With Welch
atitift threevarters of au 'hour on this u6c.ision. Did uotbb-
serye.that he,,eXhibited aity -gytriptotirsi:eif hrsanity, ••
C ross:exammed by Mr. Corn I.:: IL% not • ginao to
see prisoner in consequence oil haying heard that lie
nis.GbjeCt was to ascertain' whether any other •(o,t,he
customs were in.danger. lied Stopped with prisoner after oh-
taining au answer to that question, because prisoner scented to
be communicative, and he ( witness) was anxious to obtain. all
011.1 information he could. Had not heard that prisoner was in,-
sane, but had been told that when iu liquor he was more like ,a
madman than anything else. Had seen several insane persons,
but had not sullioieut experience or medical knowledge to say
that lunatjes, .after accomplishing a particular .purpose,, gene- ,
rally had.,-calm, settled, or resigned appearance in look ,au4:
demeanour., Prisoner did not tell him that au operation had
been.perforined in his head in Ireland, or mention Dr, Norris
as the surgeon of the regiment to which he belonged. Ditl'not
know whether the man that Welch said was with him when he

loaded the pir;tOiinThe privy was In the court or not. • Believed.
he had not come on the part of the prosecution.
Mr. Win, Parlour examined by Mr. QoLTMAts.—Was super-
intendent of the town police at Liverpool. • On Saturday, the
18th Oct.: last, went aoh Mr. Dowling to the place where the
prisoner was confined. The account given by Mr. Dowling or
ichat transpired at that interview was substantially correct, with
the exception of what he had stated with respect to the loading
of the-pistol. • .
- It was here suggested by counsel that it would hardly be .
ne-
cessary to go,over again a minute detail of what passed at the
interviewo.with Welch, but .his lordship said, that •as the Ties-
WilfWie of such grave Importance both to the prisoner and
the publtz, and as people were so:apt to mistake what passed at
conversations, espeeta ly When nu note-was taken at-the tune,
it would 'tie better to repeat it. • . •
Mr. Parlour•then'gave au" account on the 18th Oct. between
himself. Mr. Dowling, and the prisoner, tallying in almost.
every particular with that of the previous witness. The prisoner'
appeared to be very calm aud.collected. When he was asked
if he hatkiny enmity against Mr. Ross, and if he had intended
to shoot -him, prisoner answered "No ;
Mr. Ross is a gentle-
man, and anyone can speak to him, but Mr. Southgate is a man
that can never be spoken to. He is
.a tyrant ;• he has robbed
vie." At-the time prisoner used these words he was very much
excited..t When asked the reason of hii enmity to Mr. South-
gate tie said. " Mr. Southgate his robbed me. About eighteen
months ago he got Inc reduced from locker to weigher. He's
always at me." Being asked why he had been reduced he said,
" 1 was stationed at a wareEouse with other persons: thirteen
pieces of calico were missing, and I was blamed for it, though
it must have been done by the porters; since then he has been
always at me." (Mr Parlour here'repeated what the previous
Witness had stated respecting what this priacner had 'said about
dining im a cask on one occasion.) Prisoner said, " Mr. South-
gate told me that was not the place for me to cat u y dinner. I
asked him, where must I eat it, then suppose 1 must eat."
Asked him whether that was not improper language to use to his
superior: officer ? Prisoner said, " Mr. Southgate never speaks
to me but to abuse or curse me." Asked prisoner if he had a
wife and children? Prisoner said he had, and added, " I have
takeu leave of them," appearing to be much affected. at the
time. fliere the prisoner exhibited some symptoms of emotion,
and raised his hand to his eyes.) On being asked why he had
taken leave of his family prisoner said, " I don't expect to see
them again." On beir'r asked if he . hail any ihtentiou of in-
juring Vt. Ross; he said " No, Mr. Ross is a very good man;
it's the other that always oppressed' us;" meaning die people
..empluyed.at the Qvinu-,htiuse. Asked hut whether lie iheaat
to dektrov himself with the lau lauuiu, and preS.sed flat 'questien
repeatedly upon him. lie said " No; he wanted it. to tate
.a
little after he was iii prison, to make hint steep; that he
putelniied it at two places, and then put it together, fur they
would not let him have so much at one." When they, acre
going out prisoner said, "Stop, I've got something else to tell
you. When 1 was a 'soldier in Ireland I was attacked, with
some othiffs, on the road by the country people. I a ati beaten
very severely on the head, and was bad in the hospital fora long
time. Ever since then drink has had a great effect upon me."
Saw nothing about the prisoner at the time that gave him au
idea of his being insane.
_

Cro;wesamined by Mr. CirrlNGnasi.—Nothing had oc-
curred to make him suppose that the prisoner was insane. The
act the prisoner had dune was one which he supposed no En-
glishman in his senses would have committed; but there was
nothing iuhis conduct otherwise to Lint believe the pri-
soner insane. had not had much personal experience ut mad-
men, 'and did not know that they were accustomed to make
mysteries .of the merest trifles. Prisoner observed that Mr.
Southgate would go to Heaven it he died, after he had said that
1%: irn.li.robbed him. Had au impression ou his
'
igraisliein had
said that he and the other soldiers had their
I•tya.nStl°ell,a suttt prisoner
ken from them, but could nut swear so positively.
rsoner's object seemed to he tQ make an imnression on their
mind's that he had been very dreadfully injured about the head,
and that snoie then liquor had a great effect upon him. 'Persons
werti3a::t abutted liquor in Bridewell. At the•time of this con-
versation prisoner had been six and twenty hours without
liquor then.. At the time when he first saw prisoner (which
was rill the Friday, shortly after he had fired the pistol.) pi isoher
cerlaibly hat hat liquor. Did nut go to the prisoner it the
request of Mr. Brooke, the attorney for the prosecution,. but of
his ova accord, to acquire some iotOrmation respecting reports
which 'were in circulation. Did not see Mr. Biooke till after
are coroner's inquest. Mr. Dowling was a personal friend of
'the,daceaseil, and went with hint to the pitsuner' at his (wit-
neSes) request.
Mr: Samuel Powell examined by Mr. STARKIii.—WaS a
gunsmith, and had succeeded the late Mrs. Patrick in business,
under the firm of Williams and Powell. The original sign was
stilt up. as the business' Was carried iitt under MrS„.Patrick's
exeouturs. On Tuesday evening, the 14th October, prisoner
Came to his shop and asked to see some pistols. Showed hint
piir of small pocket pistols. Pi isoner said those were not the
kind he wanted, but some to sit ut at a mark to decide a wager
with a friend of his. Then showed him a pair of second-hand
French made pistols, and told him the price was 37is. Prisoner
saiitlia. only wanted one. T.Ad him. that he cotiarnot let him
have tem of them fur less than a guinea. Prisoner offered 1.55.
tor it, but he refused to take less than a guinea. Prisoner then
Marked the pistil with a bit of chalk and went away. • 'Did not
say why he marked it. On Thursday, the lith of October.
between six and seven o'clock in the evening. prisutter came
agsitiiand asked to see the pistol he had marked. - .The pair
was; laid on the .counter fur . his inspection, the. shoir-fAiy kiaviit
l'uthed off the chalk-mark, and he selected true a: the.;
whiett he . paid a guinea. He then .asked for bullets 1.4 lit the'
pistol,' mid some were east for him, fl e took six of theni,.saying
thatlhut would be enough for him. Prisoner asked bins (44-
•ness) to load the pistol. :He refused to do so. Also gave the
prisoner a 'few copper: caps and a little gunpowder. •
him the way to load the pistol. Put on one. id: the ii is at:his
request mid-shapped•itta • Whi!st this .was eu a .gentle-*
usawmaisiett .eame in, and asked, •prisinierj tYllut.tty was
goiliKtu do,with the pisOil,—hiel an, one Pri:
,tiouey hesitattid a short time and then said: -"No4t!he,wat going
to Shoot at a mark of decide a wager with a friend rifJ
.a.oner then pitt a capon the rune and snapped it aIL •••tie asked
hew tat he mm ight take situ With it. ,;roil 11,itri
. three charges olgunpowiler in separate •papers, and
.offered hint a tittle noire, but he said that *as-AL-tote-. enough.
Prisoner 'then went away with the pistol. He appealed at the
time to be in a composed stare ot • mind,: Might•have. had
liquor, but could not tell whether he .had or not. ..•• •

Cross-examined lip Mr. CorrtivGn A st.—Prisoner appeared
to be perfectly ignorant of percuSsiOu pistols. Showed him how
- trritfanage them. A percussion liistul might be discharged
w.dbout a cap by putting a li3tiepewossibu powtteifin'the orifice
of.the cone at the top; •ImUne had never seen one-itio .dischuiged.
- Alierson unacquainted with percussion pistols Would have some
diffietiliy in ilutug it without t W caps.
Re-examined by Mr. STARK prisoner ten or twelve
caps beforehe went.awdv, and showed him how to use them.
. Thelt.contained peecussion powder:am! fitted on-the cone.
Wm, Asp-11148, the shopboy of The late witness, corroborated
the Account given by Lim as—to what passed when pristinerpue-
chased the pistol..
Mr. JtAttleS Quail, was a landing-waiter at the Custoinhouse.
On the 15th or October last he was itiseliiirglng a vessel, and
tn. iirisoner winked under hint as a weigher. PEI-oiler seemed
-very tin well,-and got leave of absence. On the Bit h the prisoner
was appointed to work under him. About dinnertime he seemed
14ry-mtrch excited. !le said, " I have been robbed of nearly
f.'4ltt, atm Mr.-Siintligate and 1 shall both resign together." Then
patising between the words, he said, " My ,iorpose is fixed,
.settled,—determined." Prisoner appeared to have held liquor,
and seemed much excited, but did not slugger. U%:,4 aide to
perform his duty us weigher. or he (witness) would not have
'bad 'him: The vessel was discharged about half-past two
7,lrelock, and prisoner went away. There was an indescribable
• ,Wildness of appearance when he used those words, and he almost
seemed to be not of sound mind in reference to Mr. southgate.
- • 41r. Baron P/1 a R.—Do you mean generally 1' .
WitnesstNo, my lord. on this pal ticular occasion.
Mr. Baron PARK E•.—Did you ever observe this indescribable
wildness of appearance on oilier uccia.stons?
Witness.—Not particularly. . •
Cross-examined by Mr. Curt, No it A tif.—Gave prisoner leave
iir absent e au account of the wildness of his appearance. li is
wildness was owing to his having been everted.' Other exciting
eaust4s might have preduced it. glad heard that prisoner went
on the l kilt to purchase a pistol, and a man under his circum-,
stanees tvonld of course Ise excited: Prisoner was certainly in
a very high slete of excitement on the Itithtkut he I witness)
must draw a dist inetion between excitement and insanity. Stn-:
to fir sinter %lieu he used those expressions, " For God's sake
,on't let lice devil get i:ossession of you," ur wuids tantamount.

Prisoner had the appearance of a man going mad at the time.
Had seen: him frequently before but never took any particular
notice.

-.Frederick Wilson.—Was a searcher at the Costom-hrmse.
On the 16th of October 144. was on live 'King's Duck quay, at
about-two o'clhck iu the ae,ernoon. Mr. Quail was la ndiiigloods
and prisoner was his weigher. Heard.prisoinet.say he had been
robbed of 'nearly £2O a-year by Mr. Suuthg .te; that..they, Mr.
Southgate- and himself, nad been too lung in the service. lie
said `• We shall both resign together, my purpose is fixed;—
settled,—determined!" tie then folloWed witness two or three
'steps 'and said, "Mr. Southgate and myself have beiM too long
in the world together. One of us shall go." Begged him not
to speak so rashly, and he said " He hoped they should both go
to Heaven together." Prisoner was walking up and down in a
very wild manner, and his eyes rolled about when he spoke.
From his manner did not think he was then of sound -mind.
Prisoner had not finished his work then. Could wit tell-whether
he went' to his work again or not.

Cross-examined by Mr. CaTTIN G known the pri-
soner nearly nineteen
.tears Only knew from hearsay that be
had lately been given Co drinking hard Had not been in the
habit of seeing aim freqocutiy. He was sometimes soul (sober)
and sometimes not. Had not any opportunityvqf kn iwing what
effect liquor had upon him. Had, oily worked with him ftir one
day, and that was sixteen months ago.
By the JuDGE.—Had had no opporpinity of seeing him fre-
quently so as to Goan a judgment whether he was SRIIC. or in-
sane. His observation that the prisoner seemed to be of un-
sound mind was confined to that particular uccasion
Stephen Grundy, a searcher, who ,was presentOn the IGth,
when the prisoner was speaking of haVing been rubbed by Mr.
'Southgate, corroborated the testimony of the two last witnesses
as to what passed on that occasion. In his cross-examination
he stated that the prisoner looked very wild'and seemed not to
he of sound mind. in answer to a question from, the Judge, he
Said that he had not had any opportunity6f judging whether the
prisoner was an insane person or nut. •
'Mr. Alexander Russ.—Was Inspector-General of the 'Cus-
toms; at Liverpool. Remembered the prisouer's being reduced
from a third clitss locker to a third class weigher by oruer of the
Board of Customs, made in consequence of a representation
from Mr. Southgate, the surveyor of. warehouses. Mr. .9-birth-.
gate reported that there had been a robbery of thirteen pieces.
• of printed calico, and that a man named Pierce, it weigher, act-
ing as a locker at the time; was at -first charged with a breath of
duty in neglecting to give notice to his superior officer. Pierce
exeused himself nu the ground that he was oniv an assistant
locker, and that he had namedit to Norman Welch, the esta-
blished- weigher on the station.: He (witness) therefore.charged.
Norman Welch .with a breach of duty its not attending to an
I article of his instructions which directed that any Officetobterr-
ing, a neglect of July on the part of a brother officer, and failing
to report it to his superiors, should himself be responsible for,
that neglect. lie (witness) made. a report to the board in: ion-
sequence of the representation of-!11r. Southgate, that Norman
• Welch had given .no notice of the information communicated:to
him by Pierce. A hoard's order, dated Jan. Ist, degraded
Welch- from the situatioa- of a third class .locker to that of a
third class weigher. his salary as a 'weigher would t akoiqt,
15s.iptir annum less than Iris salary us a iia,ker,.
gate had reported that it was_ through the neg,itg,nee Atm
!officers that the calicos were sroleu. Had known'. Welch, as a
locker, from April, 1827, to 1632. Had not seen him match
since his reduction, Hair always found him very_ respectful,
very clean, and fit fur his duty. Had' seen nothing in his cots-
duct that impressed him (witness) with the notion of his being
insane.

Cross-examined by Mr. CorTtscasm.—Prisoner knew that
he would be reported to the board at. London. it W.IS a regular
form. His report was founded on the charge sent in •by Mr.
Southgate, and was dated the 21st December, 0.3.32, and tll/-
00er for his degradation was dated the Ist of•Jauuaryfoilow-
itig:: It was his duty, jointly with the collector and controller,
to send a sick list to tho board at London: Had never re-
turned Welch on the sick list as insane. Ilad.trever seen:such
a yeturn, either from the collector or controller. Had heard
that a lettl-Yr was written about Welch, but had never .seen any •
docuineut-to that effect. Ilad not seen any letter repros..tuling
Welch as incapatile of performing his duty from weak less, of,
intellect •or incapacity from drunkenness. Tht; collector Wits
help., In August last put the prisoner off duty for disputing a
weight with a landing-waiter, but re-instated hint on•his express-
ing contrition and promising amendment. This had nothing at
all to do with the state of his mind.

Re-examil;ed-biTKIr. CourmAN.—This was en the 15th of
August last. Prisoner was very respectful in his demeanour.
Mr. Elias Arnaud, examined by Mr. SlARKlE.—W4S•col-
lecto'r of the customs at Liverpool. It was his -province to
report mercantile cases to the board. In October, IE4I, Nor-
man Walsh made a trifling seizure of logwoud, the duty on
which was 2s. tid., from a person named Smith, who made a
written application for its restoration,- and sent it to him (wit-
ness) to be transmitted to the hoard. Before writing to London
called upon Welch fur his reasons fur seizing the togwood, but
,he declined giving any report, saying that he had had_ trouble
enough about it already. Welch appearid very oust inate...,lle
(witness) and the coutroller thought the inspector ought to
notice such contumaciousness, and sent the messenger to Mr.
Ross to tell him that one of his weighers world not report why
he had made a seizure. The messenger brought back a verbal
answer front Mr. Ross, which was embodied 10 the report-tu the
board, which accompanied Mr. S:niith's memorial..
The letter was here read by the witness. It was as
Honoured Sir.—The goods alluded to were seized by Nurinan-
Welch, a day pay officer, who has been reduced front a- third-
class locker, for former misconduct, and whoideclines reporting
on this matter, either from ignorance or perverseness, amid on
referring to the inspector-general .of the out-door department
he has signified to us that be considered Welch as labouring
under an alienation of intellect at thues."—The letter then went
on to describe the goods seized.

Examination resumed.—Toil the reports respecting the
alleged atienatio3 of intellect from Henry Love, the-official
manager. Thought that he repeated by word.of mouth what
Mr. Ross was alleged to have said. Did nut see M. Boss him-
self upon the subject.
Cross-examined by Mr. CUTTING II A st.—Love was now dead
He was official messenger for ten years. Ho was an intelligent
person, rather apt to say more than less. Love was.a man of
great integrity, and he (witness) reposed great confidence in
him, except that be was apt to say rather too much. Was :re-
quired to produce the books from the Custoin-liouse. Declined
doing so in consequence of orders from the hoard iu Loudon.
Love's answer was entirely Nerlial. Love was always about
the Custotn-house, and prisoner Might be in the ward the
Oinitorn-houwe 4,very.day. Their ilinies were Te ly distinct,
but Love might see Welch frtquentlil
Re-examined by Mr. STARK l'he hooks required had all
of them been brought, teddy for inspeotion.. • It was em.trary to
orders to permit persons to hale access to them. never
required to produce them before any inagistinte.
Mr. Alexander Ross recailed. Had never mad 4ny such
communication to the messenger.
Mr. Baron PA It K —Had you ever seen anything in the pri-
soner's conduct to iutluce you to make such a representation?
Wituess.—Never.

Mr. CurrttiGnAm.—Do I distinctly understand. you to say,
that you never made such a reKeseutatiou to the board, ur W
any individual %hatever ? -

. .
Witness.—l never considered him insane.
Mr. CUTTING li A M.—Did you not say W Mr. Pike, or to any
other permit], Cult you considered him insane'? .
Wit ness.—l 001 not au are that I uid.
Du you know a person of the name Greethain
Was he an oa•er iu the Customs ?-1-le was.
NV:ti that at tile time or the prisoner's degradation as,you call
it?--Mr. Greet ham had resigned his office.

Do you reco.leet ur riot %,theriter that person made any report
to von respecting the Mate of the prisoner's tuiut aboutthe tune
of his degradation ?—I do not. , •

. . . .
If such a circumstance as that had. occurrek.could you have
failed to remember it?—Certainly not. . - .
II ace von out recollection of tireetham-havitqz done this upon
oath ?-11e would nut do it upon uuth unless it 14 eroin the course
of an investigation.' •
• Do •you recollect that he was a witness on this very investiga-
tion which led to the prisoner's degradation?-1 do out recut-
lect.' 1-1
-ere the witnoss referred to one of Inc Cuswiti-hous'e
books. I see front this book that Greetham was.a witness in
th► charge against l'ierce, which ted to. Weich's degradation.
Did not (;ret•thaw nu that occasion—
Mr.
6ergeant ATcuk.ut.EY objected to this lino-of examina-
tion. • •

•
Mr. COTTINGLIANI.—I put these -questions to :11r. Rosa, be-
cause if he be mistaken about one fact be. way be mistaken
about others.• I merely want to see whether he recollects facts
that are entered in that hook.
Wit 'less.— I find GrePthain's evidence here.
Mr. COTTINGHAM.—iIeve ou no recollection that Greet-
ham made an :acid eit before you that puss was insane?
Witness.—Certaioly not.
Mr. Samuel XLCulloch examined by Mr. Sergt..Mekilift LEY.
—\Vas a surgeon, residing at Liverpool. On the morning of
the I 7th of Oct. last was sent fur to the Customhouse to see Mr.
Southgate. Fonittl -him in the t:o.,t mdfoyse, apparently in a
very exhausted state. hint removed... Fond a guii7shot
wound on the left side, Hillier the 7tli.rib. Attended M f.South-
gate Sunday bilaiwing, when he died • iu osisequynce of
the injuries he had sustained. Opened the body ititer. his de-
cease and found the stomach exteusivelv-lacerateil....4xtracted
a leaden bullet (ruin the.body. had -msdiilit that that Cvas the'
the occasion othis Heath. Examined. the.pilial taken from the
prisoner. it contained laudanuni.
Cfoss-examined by Mr. CulTlNGliAm.—.There w es frum
an ounce to six drams of laudanumill the Oital. 'Oust quantity
would lie. sufficient to kill a peistm tiat accustomed to take
laudanum. . • - •
••• Mr. Bacheldor, keeper-of the town bridewell, slated .that flue
• prisoner was placed in his :custody abootelevia in the
morning of the 11th of October_ last. - the
magistrates. '.--When he canoe hack lie 4ipueiwd,
cited—tpuch 'lrritated, and- seemed to: haws been ,ffnukrug.
Thought so from his geneval appearauve, -mut filmilheisispear-
ance.of his Inman. Prisoner remained iu itis• custody until, tote
2(ith of October. On the morning of the 'l7th prisinistfsi.-enied
very nervous and strongly excites. •Ou the morbitig,nf the.:4ll
he imeatne inure calm. Persuade,i him to take. a little break-
fast, and supplied him with two volumes. of .the.
Guardian. In the afternoon, prisoner applied for Isis spectaclei
and a church of England prayer book. After the•aeemidday,
prisoner was us composed as he ever saw man. .Prisoner
fretted :suck:l:led very much alter his friends had gone, but so
'far aS he (Witness) could judge, did -not show auy symptom of
insanity. 1.
Cross-examined by Mr. CorrlNGHAsl.—Prisoner appeared
is if be had been drinking when first brought- Into Bridewell.
Prisoner had a litt:e ale and wine orcasionady perwiss;un of
the magistrates, but nu spirits were allowed.. flail had a great
many insane persons in his charge. lied seed. shore of the
worst suet some of the slightest. cases. •PrisonerClid not appear
al all to be afflicted with insanity, nor labouring under any de-
lusion.
This was,r-be case for the crown.
The prisoner. on tieing-called on fur his 4191(.6' said he left
that to his counsel. • tae was told that his counsel t nide only ex-
amine witnesses. and argue points of law,.and that if he-wished
io say anyitnng his defence now was the time. '1 he prisoner
still aeclined saying anything. The (*claming witnesses were
called :--
.Norris, examined by Mr. Cori H.:GNAW—Was a physi-
cian, but had ceased to practise for about ten years. Was sur-
gp„,,, (do, 21 Lancashire militia, in the year 181-145. The re-
giment was stationed at Linteriek, in Ireland, that year. Re-
membered there being sin affray between some privates of that •
re.Yinient and the people of Limerick. Attended seven privates
who wet e brought juto the hail mai v. They appeared to have
received bruises and eats about the head. Oistitt, try remem-
bered doubting whether the wounds were produced by bayonets
or sticks. They were generally on the crown of the hew'.
According to the best of his remcitibrance, all the men were iu
a state of insensibility. Could nut identify the prisimei at the bar
as one of Rinse ineu, but fit: unv i•elieveil that he was one of
•them. • it was his opinion that if in Cuty one'of those men there
was a predispositi,n to mental .detaiigetneet, the injuries then
received about the head were staliciuntlY scovere to aggravate that
pre.!isposition. Should think that any unr e f Rh peer m,..), hav-
ing such predisposition, wound, under-
the influence :ad' ink or
am), other exulting cause, break out into acts of inailliess- • sk
long coarse-of drinking .would of Am if iiopair the (acuities.
Every one of those had received sufficient injury about the
head in 'coder them subject to inflammation of the bruit), and
make them liable to insanity; and a course of drioking, or any
other exciting cause, would teed to make them break out ogee
sionally into paroxy loos of insanity. Under such circalastances

as those he hal mentioned respecting the seven men, drink
might either ugravate a predisposition to insanity or Fount* the
effects of it.
Cross-examined by M:. Sergeant A tTiIERLET.—This was
nearly tweuty_ years ago. Had a distinct recollection of the
prisoner's features, but Could- ttot. inrairi.y.el.Sneas.that the pi i-
soner teas one orthnse men. The features orthe-liiisoter were
More distinctly impressed -on his m'ibd —than those- of other
sa:diers of the 21 Lancashire whom he' had since met with, and
front that circumstance he concluded that the prisoner had on
some occasion been under his partiCular- care, and that. he was
prlbahly one of those sevcn men, The moment he saw the pri-
soner he distinctly remembercd his features. All the seven
men were in a state of when brought in. Had
visited the prisoner for the purpose of ascerthining Whether he
was a soldier of the 2d Lancashire.
,Was only with hint a few
ininuteS. Had nut examined his head. ..I)risoner slid not ex-
hibit any fymptoms of insanity at the interview. Had not seen
any of the seven men since tlic! disbanding of. the regiment in
1817, but heiieved the prisoner might be one-of them.
Re-ekainined by fir. CWITINGiIAM.-ifhe prisoner was very
much affected by his'manner.of ti;king td him and shut tears.
A- person who fad received such inturies- might.be perfectly
rational on ordinary occasions. Generally speaking, and with-
out reference to habits, as a Man grew-older a preuisposition to
inanity would deerease, lint if he were given -in habits of
in-
toxicatton, the older he grew the stronger that predisposition
would become.
Richard James Greetharn was superintendent of the wood
farm department at the Custom-house iu Januarv,'lB2B. Knew
Mr. Ross and the prisoner Weich. Remembered prisoner's
degradation from a locker to a weigher; but thought it took
place just at the time that he (witness) sent in his resignation.
Was not certain whether it was berme or after his resignation.
He (-witness) was examined upon oath on that occasion before
Mr. floss.
Mr. Serjeant ATonEitt.EV.Was your examination taken
down iti'writing?—Of course it. was. It was not written in a
book, but was taken down upon a sheet of paper.
Mr. COTTINGHANI, in answer to some objection from counsel,
said, I am taking this course, my lord, in order to show the in-
iidequacY of Mr. Ross's recollection as to certain facts. We
were most anxious to have access to the Custom-house books in ,
which these matters are recorded, hut we. were refused on the
gionnil,fhat it was contrary to orders to permit their inspection.
51r. Baron PAnxe.—How can it be of importance to your
eliCtit.to'have access totheselnaiks?-,

Mr:.Curriso only wanted to see such of these as
bote any reference:to the Prisoner's case. .•
.Mr. Baton PARKS.—You May look into the books no-w, and
theth read.
Mr. Se)-geant ATCHERLKY.—Acting under superior orders, of
course tht officers of the cos:otos. at Liverpool could not allow
the prisoner's attorney to look into • these books; but all the
hooks'are'tiere now..

Examination of.Mr..Creetham reS,urnetl.-4t *as- hisiltrty'to .
make reports us to the conduct..and, char4eter' of. the-umbers
under his charge. ;Had snack year.y or:half-y-61.1Y reports to'.
Boss. and to two former ruspectors-generilf, and-always
lass that Welch w.ss.a. regular Mailitarn. jitid re-
ported shii to Mr.-Roes about ihritm• by:word of mouth, ,and it
t- was taken down in writing,. • Hid known the prisort`*•4sineist•
January, 18'28, and for about three years Welt:it:was constantly
. with him in the woOd-farni'department. At times Welekkisex
what he was doing; but at others he was a violent and uu
cmvernable man, and did hot know 'what he was about whether•
.tirunk or sober. Prisoner was worse when drunk. Did not
consider hint to be 'a man or stiond nhdeista tiding whether
drunk or sober. He. (witness) was removed from the wood-
farm to the warehousing department. about 1831, And the
saner was very soon sent lifter him to manage.. Remonstrated..
rith Mr. Southgate for sending him front the wood-farm to the
warehouses, syln•re he word get-his'noseihrn the rum puncheon,
and could get as much asite to drink. Prisoner was worse
in the w; rehouses than ,at. the wrod-farm on account of the
drink. He (witiressyreft the servictin-1833. •Since then had
only seen the prisobertwiee 'before hi34asapprehentind on this
charge. About six or 'elatniOutts previouslyhe4-as riding
along the quays when tdirrprisonereanie and 'got bond of his
horse's head, and would not let him go till he had told his gl
tutees. Prisoner was in state of high exeitement at the time,
and his conduct was that of an insane man. Piisoner had,
stopped bun when riding in x similar way once before; but his
ganduct was not so violent on that occasion. Had not seen
anvilling, of him since until liks apprehension.
Cross-examined by Mr. CotTsi A N.—Was a miller now, and
lived upon his own property. The reports he made yearly or
half-yearly would be taken down in Writing. He supposed to
be transmitted to the board. Had atways in those reports de-
scribed Welch as a madman. Judged that he was mad whilst
at the wood-farm, because when ha ought to keep places open
he locked them up, sometimes locking carts and horses inside—,
from his violent conduct, and threatening to knock mach's brains
out with handspikes—from his cutting a man's thumb off is ith a
chisel—front fns biting a piece of 'ffesla• out of another man's
arm, and from his general reantut:t.
BY the Junalf..- Could not say that he knew of any other
paitictear acts of violence. They were a common occurrence
with him.

Bv Mr. CoLTMAN.—Prison)r whilst at the wood-farm had
locked arts and horses up in the yard about half a dozen times.
lle would come into the office, threw the keys down, and then
run away. -Reported prisoner live or six times for various
'offences, and for violent conduct. It was a common practice
with him when put out of the way to snatch up a handspike and
threaten to knock men's brains out. The men were afraid of
their lives. This- happened every Week or month. Had him-
self seen prisoner running after a man with a handspike. It
was a man named Doyle that had his thumb cut elf with a
chisel by the prisoner. Did nut see it -done; but was in the
next °Rice at the time, and afterwards saw the blood. Did not
know the cause of quarrel. It was commonly known that
Welch was toad. Occasionally repotted his acts of violence;
but had he reported them all he must have had nothing else to
do. Noiwithstauding all - these;•itets 'of ..violente prisoner was
kept in the service. - There were a great many vagabonds in
the cutouts then. Could tint say whether prisoner was insane
now or not ; but certainly thought hint so then.
By the JUDGE.—Did ‘uu ever know hint to be labouring un-
der ilelusion?
Wituess.—Yes. I will Say that ton. Ibis ideas were wan-
dering and strange, and he fled the general _symptoms of in-
sanity.
Juona.—Can you give us any instance Or any conversation
in which you found tutu tube labouring under delusiOnl
Wituess.—l cannoesayl- I speak only of his g4nerafconduct
Junnk.—Was his donverotiou incoherent?
Witness.— l'es;-'oh7asionaliv it leas.
JUDiii:..—Botit (Luck and super ?
itnesS.— Yes. •.

Mr. Flutence Egan examined by Mr. Wwnsm.—Had been
a landing-Waiter in the'costoms at LiverpoOl fur fifteen y-ars;
knew the,prisoner when he filled the situation of locker, lot did-
nut sce nioch of him then. 11 ad had aw opporittni-,y of seeing
hint daily as a neighbour, but had only been on duty with hint
two or three times.- Fiirmed a strong opinion of the stale of bis
mind when a locker from a particular cm um/dance.. On the
not °nation day of George IV. he (witness) went into the Cus-
tomhouse yard to maish4ll the men auto something like military
order, previous to their joining the procession. The men were
very noisy and disorderly. Ile Iwituessi called out for the old
so:aiers to step in front ; prisoner appeared amongst. them.
Understood that prisoner had been a non-commissioned officer,
and placed him as private man in the front rank, Prisoner
kora:lied down a man, and his conduct was so violent on that oc-
casion that he tilil him that if he (witness) had a black hole he
.would send hint them. Suspected prisoner had been drinking,
he was so very violent and active with his bludgeon. Sent bon
away, and threatened to report him. Prisouer knocked down
several of the men ; could not tell whether they had given hint
any provocation or not. Had known him since he.filled the si-
tuation of weigher, and fancied him touch worse than when he
was a locker. It was a notorious thing amongst the men in the
yard, several of whom were in court, that the fellow was mad.
if he slightest provocation roused all his violcuce, and he would
pull fares, and mike dreadful noises. Always endeavoured to
avoid having the prisoner with hint as a weigher.
By the JUDGE.—llid you on any occasion think it your duty
to report hint fur madness?
cannot say-for madness. The titan has generally
perforitied his duty well, but, on the slightest provocation, he
would net out of himself. -• • • •

By Mr. S rsitKix.—Thonght fium prisoner's appearance that
he was a limn given to drinking. Trimmer wad.t.otnetio.es %cry
silent. The men seemed to take delight in rousing his passions,
as if these exhibitions of violence were a sort of ;poi t. to them.
Had never seen him with a handspike 'or arty weapon btit a
bludgeon. Had never seen him strike any person hut once,
and that was at the.processiou. Had seen men ruotting away
front him, but did not recollect any of their names. Was nut
:tame that the prisiner had ever been before the Magistrates
for oily act of violence.-
Mr. Sts ti you know Mr. Southgate, sir?—l did;
Was he a frieurrof yours ?—No.
I want to know whether, in a day after this thing happened,
(111 used this expression with ;expect to Mr. Sonthgatc,—
"'l'here is one daintier! scoundrel gone ?"—I never did.. ..
Are you quite eertatu you did nut use this expression?—On
my oath I tin! nut. •
aid you ever uselhis expressiou,-.—" There is a greater vit..
lain remaining P—l do not teem:cut." •• • •
Then you will ni,t sweat that you did tint use it? •
Ale you unite sure you never Said-," There... Was a damned
villain gone," when speaking of Mr. Southgate reuieniher
haying a.conveidatiou wick Mr. Dowling; I understood he was
a military man, and I said 1n hint " 40 you Jetiollect
the mutiny at Gibrattat? W.hat.sat you suppose aas the cause
of it ?" Dowling shook, lais.be;•ll, and deritied giving :my
answer. I then oliServed,',pe.iliaps...ininrudeutly, that ail the
(iffiest..., of the garrisou -at the I,Mie of the-mutiny wey.e under at -
test, :toot that the- mutiny was ucca.sioued hy the .sevArity of the
commanding- officer. hat was all Ls; lon that occasion, but
a few days afterwards undrirstandlog• that I had been misrepre-
sented to Mr. Ross. the iuspector-genbral, upuu him,
and put several questions which.. he. oed-hted answering. Air.
Ross asked me how I could reconcile my serf to Make use of
words tending to sanction the. act, alluding to the' dreadful Af-
fair which had occurred. I Said this was a charge.vf a very Se-
rious innate, and asked tin fur hid authority, which he declined
giving. •I then told him very watmly, and in a .ntost soletnit
way, that I never did make. such an observation; and that it
would he uncharitable and nuchristiaulike to du su, fur though
Mr. Southgate was no friend of• mine, nor I of Ins, yet it -mint
like myself, the father of a large family, could not so far forget
• all feetings of huinimily as 10 make use of such expressions.
Mr. STARKII;.—What were those' expressions ?—I. believe I
have already atisae
Nu, Sir, youhaye not. Do you mean to say that Mr Rosa
,red the question,
was speaking to vbu of what you ha-I said respecting the mutiny
ut :71:e wordsitiat a is,iuestion materially affecting others.
1 ntideil to by Mr. lio-s,
Gibraltar?—'That
hatli ra
as tending to
sanction the act ?---1 have illrA.N.i.dyanswered the quhstion.
Uu you mean that they were in leferCUCe to the mutiny at
f", • t
ir %Jo a at ?-I,es.
What had that tri du with Mr. Southgate's death ?—I should
rather be silent.
. I want to know whether you did not use these words tO Mr.
E!,,,,,hug..,-"Thete id one d—d rascar guile " . it,d
soot hgaie ?—I did n0t....
with respect. to the -words,- "There is a greater villain
re,,,„i„ittg," you don't tecoliect
You will nut swear that you thSt.: thuSe words, or that you did
not ?—No.

Mr. CUTTINUHAM.—YO heard that this language had beea
imputed to you,,auai repoi tell to -Mi. hObS I did. •
And you then went to Mr, Ross, and demanded to be con-
fronted with your accuser ? I did.
Do you deny upon your oath that yOu made use of arch an
as I hope for mercy, I never 'lld-
expression in reference to Mr. Southgate ?—Un my must suiewu
oath, and,
You say the other men used to provoke the prisonet ? They
appearedto take pteasui e rousing his spleen, and then laugh-
lug at him. '1 hey in;eti toircat him erttel;Y.
By the Judge.—Ne7er had ativ connect:on with the pr ironer
There
was a pcculiaritv about his count, native, a1.4..1re (wit-
Wikted Lo.a.Vo:ll alt.` 4114144.. .
Jahn Logerson, • examined by, Mr. COITINGIIAN,--Va, a
painter, . Haa known the prisoner for aitnetecu}rats, and for
fourteen sears of that period had been his next-fh,r neighbour.
1" the last seven teats had not cousidcied prisoner is i.c in his
,right reuses. ific last or Lice years prisom r had drnuk
[lard, and was Wien ina state 01 intoxication. When in liquor
be was very violent. and hardly seemed to know w hat be vas
about. Tnere was.aiwas u sort of wildne,s in his :ooks, esi,e-
cially when he had On Thursda), toe lti.tr Oct., a Little

pfter ;even' o'clock in the evening, the chimney of a house two
dears fram his took fire. An' alarm was given, :tad the fire was
extinguished. A ladder Was procured, and he and prisoner went.
tarn't tire roof. Requested prisoner to come down several tithes,
tat he (prisoner) remained on the roof for nearly an hour and
shelf after the fire was extinguished. Prisoner: said he was
afraid the fire would break out :Toil), an 1 stood leaning against
the chimney, appareutly in deep thought. It was a dark night
and vei-v Windy, and he was afraid prisoner would fall off the
roof. Went up and down the 1 older several times to persuade
the prie Liter to cone down. and told him that there was not a
sperk of fire remaining. Generally found him standing in the
same position, leaning against the chimney.. At last succeeded
in getting him persuaded to come down. Passed -the prisoner
in the street next morning between eight and nine o'clock, and
'observed that he had a very wild look about hint.
Cross-examined by Mr. Sergeant Arc' kiil.6Y.—The chimney
that was on fire was only a few yards from the prisoner's house.
There wag some apprehension that the fire would spread. When
sober prisoner was generally. a decent, quiet, goad tempered
man, and a good neighbour. It was when he was drunk that
he got rough. Prisoner used to come frequently into his house
to time the compliments of the day, and ask what time it was,
but did not :say much. Was never guilty of a,ny act of violence
or rudeness either towards him (witness) or his wife. Prisoner's
eves were wonderfully different when he was drunk from what
they were now. In the last bee or three years prisoner had
nlways. wild appearance, drunk or sober. Prisoner sometimes
talked in a wild strain when he appeared to be sober. Had
heard him knocking the things about in the house. II ad never
drank along with prisoner.
By Mr. COTTINGIIAM.—Prisoner sometimes talked in a-ram-
bling way, and (lid not seem to know what he was about.
Mr. B iron PARKS.-Vas he under any delusion ?—He used
to talk to his children in such a manner that he might have been
a child himself, and used great freedom with them.
.Do yon know of any delusion, of his mistaking things for real-
ities which had no existence?—l cannot say.
• Do you think his mind was so affected as nut tq know that
murder was a crime ?—Sometimes.
Do von mean when he was sober ? I cannot say.
Hat;e you seen enough of his conduct to enable you to form
an opinion on that subject ? I considered that the man was not
in his senses from his rambling manner of talking.
Can you give us•an instance ? I cannot.
Did any medical man attend him to your knowledge? There
teaseepe: at one time.
Da You know his name ? To the best of my recollection it
was Marshall.
•Is he. here ? Ido not know.
• Michael Murray, a plasterer, in the employ of 14ir. Gibing,
stated that on Tuesday, the 11th of October last, he was employed •
of the prisoner's house making some repairs, and was three or
four days about the job. On the 15th he was fixing a grate in
the cellar. Prisoner was with him, and made him put it up and
pull it down several times. From the way prisoner talked about
fixing the grate did not think he was in his right mind. Prisoner
talked in a simple sort of way. Ile said he had been a trades-
man himself, and that once, when he was apprentice to a joiner,
he haul cut .a carpenters' axe in two with a tennant saw. Could•
not say whether prisoner was drunk at the time, but he appeared
to have had liquor. Went away that night when the prisoner
was out, an prisoner ran after him about a quarter of a mile
threigh the streets in the rain, with his coat off, to make :him'
(witness) come back and get some bread and cheese and ale.
Saw prisoner on Tuesday morning, the 17th, about seven
rmaek. Prisoner told him that there had been a dreadful fire
the night before, and that they had had the engines. Did not
not thiuk he was sober at the time.
eThomas Wood, a watchmaker, had known the prisonerseven-
teen or eighteen years. and lived in the saute street, directly
opposite to him. -On 'Thursday night, the 16th of October,
Itetween nine and ten o'clock, the prisoner came into his house
and talked as if there had been .a tremendous fire, and half the
street had been burned down. Psis ter said they might have
fetched all the engines in the town, M. the fire might have been
of very serious consequence. He then stopped short, and after
a pause, said to his (witness's) wife, "Silence! Bolt the door,
mother!" And said nothing more about the fire, Prisoner
went out a minute or two afterwards without saying anything
more. Thought he was not in his senses at the time. One
Sunday forenoon, about twelve months ago, at dinner time, saw
the prisoner bring out five or six shovels full of burning cinders
and throw them in the street. Had seen him repeatedly in a
state of intoxication. On one occasion saw him drink four
glasses of rum and water before breakfast. Prisoner had come
to him in the 'morning and asked if he (witness) had heard him
making a noise the night before. On such occasions prisoner
hoped he haul given no offence, and said he was not in his proper
senses. Thought Lim a man not in his proper senses at all
times. When affected by liquor he was very violent.
, Cross-examined by Mr. Sergeant ATcsient.e.y.—When pri-
soner drank the four glasses of .rum and water he was not violent.
When not under the influence of liquor prisoner would some-
times talk like other men. Never saw him commit an act of
violence when sober. Prisoner had three or four houses in the
neighbourhood which he called his own. There was some ap-
prehension that the fire would spread.
John Itagerson, recalled by the JuDGE.—An engine might
have been ordered on the night of the fire, and came part of the
way ; but he (witness) did not see any. He was there the
whole time. .
Samnel.Park, formerly captain of a coasting vessel, but now
a master cooper, residing at Parkgate, said that the prisoner's
family resided next door to him, and that he had knowu the
p.isoner from his boyhood. .They were always considered a
flighty family.- The witness hire told a long rambling story
about his having been at Cork with his vessel when the Second
Laneasnire arrived there, and his having recognised the pri-
soner. whom he took on board his own vessel, and about his
havin,g seen him again two or three years afterwards, butdid not
mention anything tending to show the prisoner's state of mind
at theenne: • He then stated that about twelve months ago he
saw the prisoner walking backwards. and forwards on the beach
at Parkgate. Prisoner was kicking the gravel about, and
seemed to.be oat of his senses. Witness went up and spoke to
him, but prisoner walked past. and took no notice.. Ile seemed
very wild about the eyes. Prisoner was not a sensible man, but
rambled very notch tu his talk.
A juryman, ( Mr. Cyrus Morrell, of Liverpool.)—l would
wish to ask why the witness considers walking. on the beach and
kickingthe gravel about to be a mark of insanity ?
Mr. aron PARKS.—You may well ask that.

Witness.—l thought so.
Mr. Baron PARKE.—glow long sill he do this?—.Vuout. half
an hour or better.
Did he kick the gravel before him occasionally or continual-
ly p—Continually.
Did he throw his arms about or use any wildness of gesture ?
threw his arms about, and there was a wildness in his
eyes when he came up.
Thomas Higgins, lived at Parkgate, and had known the pri-
soner's family for nearly fifty years. Had gone to school with
prisoner, and always considered him to be a person of unsound
mind from his boyhood upwards. In his cross-examination the
witness stated that the prisoner's weakness of intellect at school
had manifested itself by his quarrelling with his schoolfellows
without provocation, by talking in a foolish and romantic way,
and by not being so clever at learning as other boys.
Mr, COTTINGHAM heie tendered the prisoner's discharge
from the Lancashire Militia, dated August, 1815 ; but his lord-
ship said that it would be unnecessary to produce it as there
seemed to be-no doubt on that part of the case.
Mr. Ross recalled by Mr. Sergeant ATCHERLEY.—NO such
reports as those described by Greetham were made to me. If
there had been such reports I should have handed them to the
surveyor of warehousesa-ahe would have inquired into them in
the first instanse, and then reported to me.
By the JUDGE.—Greetham might have said that Welch was
mad, but he (witness) had no recollection of it. Greetham
might have made a casual observation to that effect.
Mr. Sergeant ATCHERLEY then recalled Mr. Dowling, and
said, you have heard the witness Egan asked whether he ever
used this expression, "There is a d--d scoundrel gone, but
there is a greater villain left, and that's Ross." Ile has denied
the first part of it. Now had you ever any such conversation
with Egan ?
Mr. COTTINGHAN objected to this question, and the learued
JUDGE said that as this was not a case which depended on the
'credit of witnesses, excepting as to facts material to the issue,
the question could not be put.
This was the case for the defence.
Mr. Baron PARKE began to sum up the evidence at-ten
minutes to six o'clock. Ile observed that there were two ques-
tions for the consideration of the jury-Ist, whether they were
satisfied that the unfortunate deceased was killed by the hand
of the prisoner at' the bar, and that the . offence would be wilful
-murder if the prisoner were a person responsible for his acts;
and 2dly, whether the prisoner was or was not possessed of suffi-
cient reason to he amenable to the laws of -his country for the
offence he had committed. The • first fact, viz., that the de-
:ceased met With his death from the hand of the prisoner was
distinctly proved by evidence, respecting which there could be
,no mistake. With respect to the second question,• the law as-
-awned that every man, after a certain age, was possessed of suf-
ficient reason to distinguish 'between right and wrong, and to
know the nature of a great moral crime, and deemed him amen-
able to puniahment unless sufficient evidence could be adduced
to the contrary. A person might kill another, mistaking him
.'for an animal, not knowing that it was a man, and. acting un-
der such delusion. he would be exempt from punishment: but
if he kneW that he was killing a man it must be shoan that he
had not sufficient 'easel] to know that the act he was commit-
ting was a crime, otherwise he was amenable to the laws of his
country. One of these two prepositions must he made out. If
a man were totally and permanently devoid of reason he could
not be deemed responsible, but that was a case which seldom,
perhaps 'laser, occurred. Instances of a temporary want of
reason were unfurtunacely more common. A man committing
an offsuce in the paroxysm of a brain fever he would not be re-
'
apousible fur it. -But Offenders might have a partial degree of
• reason, and those were the cases in which it was most difficult
lo come to any decision. A great law' authority, Sir Matthew
Hale, speaking of such cases, said, that a jury should always
weigh well the circumstances, taking care, on t he one hand, not
to show any appearance of iithumanity or a want of considera-
tion fur the frailties of human nature, and, on the other, rust to
show any indulgeuce to the 'commission of great crimes. It was
for the jUiy to say whether they thought that at the time this
act was committed the prisoner was void of reason to such an
extent us not to know the nature of the act he was committing,
or that that act was a crime. There was evidence to show that
the prisoner did know that he was killing a man, that he was
about to deprive Mr. Southgate of life;- and the only question,
therefore, was, whether he was so far deprived of reason as not
to know that what he did was a crime against the laws both of
God and man. if they thought the prisoner insane to the ex-
tent he had mentioned, then the prisoner was entitled to an itc-
, rvittal ; otherwise, it would be their painful duty W convict
-lima He was sure that they would hold the scales of justice
equally between the accused on the one hand and the public en
- the other. His lordship afterwards observed, that• the art of
shooting the deceased in public, in Open day, without making
any attempt to escape, appeared to be that ot an insane person,
but at the same time there was nothing in it irreconcilable with
the supposition that it was that of a man of •violent passions
who had contracted an implacable hatred against a lierson• who
Lad. injured him, and who was actuated by the spirit of reveinge.
The prisoner 'had showed deliberation in purchasing the pistol,
—had concealed the purpose for which he wanted it, and by his
taking lease of his family, and his conduct on his apprehension,
he aypeatseil to have known that the net he committed was one
punishable by the laws of his country. There was not much
evidence tending to show that the prisoner laboured under any
delusion which led him to mistake his own ideas fur facts; but a
good deal to show that be was a man of uneevernable passions,
and addicted to habits of intemperance. Nslithaaspeo to drun_
kcnness the law of England held every man to lie responsible
fcr acts eliminated during a period of vuluntary intoxication.
If a man were made drunk' against his own consent, by force-or
fraud, so as to occasion a teumperary loss of reason, and if whilst
in that state he took away the life of another he was not respon-
sible hut if a man choose, by his own act, to make himself in-
toxicated, the law held him 'responsible for every cifence coin.
milted whilst in that state of vietintary intoxication. The only
facts tending to
.shaw that the prisoner laboured' under delusion
were his temaitsin on the roof the' night of the 'fire, and the
expressisn "Stop,' bolt the door mothers:" but -en both occa-
sions his conduct was - reconcilaCle with the idea that he was
brooding over time revenge he meditated. and which he had that
night purchased the means of accomplishing. •Il is lordship cans
eluded his charge at ten tnitanterVto eight o'clock; having oreu-
pied exactly two hours in commenting on the case and summing
up the evidence, which he did with the greatest minuteness.

Tho jury, in less than five minutes, and without leaving the
box, returned a, verdict of Guilty.
Mr.: Baron PARKE then put on the black cap and addressed
the prisoner in the following terms —.Norinan Welch;—the
jury who have just pronounced this verdict against you have
perforated a painful and au anxious duty to themselves. They
have acted under the solemn obligation of their oaths, and they
have dime their duty properly between the country and you.
They h tve given every attention to the case urged in your be-
half; they have heard all the evidence adduceil both against
you and for.you ; and they hare come to the conclusion that
you have taken away the life of a fellow creature, and that you
were, from your state of intellect at the time, responsible for
that crime, bath to God and to man. I have attended most di-
ligently to all the cirwastances of the case, and with that find-
ing of the jury I entirely concur. It is, therefore, my painful
duty to tell you that, for the crime of which you have just been
convicted you must (lie. You have taken away the life of a per-
son who was obliged to report your misconduct. You have al-
lowed a feeling of revenge to rankle in your boson for nearly
two years, and you then determined to execute your barbarous
purpose of takiag away the life of a man who had offended you.
'You have deprived him of his life, and the law of your country•
says that for that life you must render up your own. • I should
abandon my duty if I told you that the slightest hopes of life re-
mained for you. After some further remarks,•earnestly en-
, treating the prisoner to make the most of the short time remain-
' ing to.him in seeking mercy from that Being from whom alone
he could obtain it, his lordship concluded by passing sentence,
of death in the usual terms, ordering the prisoner fur execution
on Monday.
The prisoner maintained the utmost composure of demeanour
from the'commencement of the trial, -which lasted upwards of
eleven hours, down to its close, and neither on hearing the fa-
tal verdict, nar in receiving sentence did he manifest any per-
ceptible emotion. lie hardly changed his position throughout.
the day excepting once to drink a glass of.water, and did not
cast a single glance towards either the witness or jury box.

CROWN COURT.—SATURDAY, Malian 20.
CHARGE OE MURDER AT LIVERPOOL. . • •
Thigh Fawcett, a young Man of very genteel and rather pre-
possessing appearance, attired in a fashionable suit of black,
and described in the calendar as 21 years of age, was indicted
for the wilful tnurder of William Smith, at Liverpool, on the 7th
of November last, by inflicting upon him a wound with a pistol
shot, of which he died. He was also arraigned, on the finding
of the coroner's inquest, for the •saana offence. The prisoner
pleaded Not guilty.
The counsel for the prosecution were Messrs. Peel and Ros-
coe, for the defence Mr. St trkie and Dr. Brown.
The following are the facts, as detailed in the evidence for the
prosecution :—On Friday the 7th of November last, about seven
o'clock in the morning, the prisoner, in company with a sailor
named Munn, went to a public-house in Lower Frederick-street,
Liverpool, kept by a person of the name of NPLeans and took
up his lodgings there. Munn bad lodged there before, and the ,
%Dale was a common lodging-house for sailors. .The prisoner
'lead' on a sailor's pea-jacket,—was wet,—said he had come from
„Dublin tlattsanarning,—sseetned fatigued with the voyage, and
Coinitlained et' his head. After breakfasting he went out, und
did not return till dinner time. After dinner, prisoner again
complained of his head, said he was sleepy,. and, about three
o'clock in the afternoon, went to bed, which hesdid not leave
till nine o'clock the following moruings. On Saturday he re-
mained in the house all day, took vet y little to eat, still seemed
very unwell, and again went to bed in the afternoon. On Sun-
day he rose about twelve o'clock; took a little breakfast,. and,
after some pressing on the part of the landlady, took a basin of
soup for dinner. He went out after dinner, and returned about
seven in the evening with Munn and•another man, bothsailors.
When they came in, the deceased, Wm. Smith, a young sea-
faring matt about 21 years of age, was sitting. in. the kitchen.
Prisoner had not seen the deceased before, neither did they ex-
change a single word together whilst in the house. When they
came in, prisoner asked for tea, and said he was very hungry.
When tea was brought, prisoner and one of the men who were
with him made some objection, and said they would have pota-
toes and herrings. They had half a pint of whiskey among
them. There being no herrings in the ,house, the landlady de-
sired the girl to go out and get some. Whilst the girl was put-
ting on-her bonnet and shawl for that purpose, the deceased left
the house. When she was going out, prisoner got up, took hold
of the handle of the door, and said she should not go for the
herrings, he would go himself, but she stooped under his arm
and slipped out,—a little boy, the son of the landlady, accompa-
nying her.' They had got a little distance from the house,•and
had just come up with Smith, who was walking on before, when
prisoner overtook them, and trod the heel of the deceased's shoe
down with his toe. Deceased desired him not to do that again.
Prisoner then gave the deceased two .slight taps on the back of
the hat; afterwards caught him by the jacket, shook him, and
tell hint to go back, Mrs. M'Lean wanted him.. Deceased said
he would not go back, he was going home. Prisonersaid, then,
if you don't go back you are a dead man. On his saying this,
the girl called out, ' Oh, my God, he has got a knife." De-
ceased said, no, it is a pistol. Prisoner presented the pistol at
the deceased, saving, if one will uut do another will, and fired
it off. The deceased fell, and prisoner threw down the pistol
and ran away. He was pursued and taken a few minutes after-
wards from the entrance to a cellar, in which he was endeavours
in;; to conceal himself, When taken, he called out, " Don't
hurt me, kilt me, kill me," and repeated 'this expression two or
three times. The deceased was taken back to the. public-house
and put to bed. He lingered till the following Wednesday and
then expired. On his body being opened, it was found that the
ball had penetrated the abdomen, and lacerated the intestines,
and produced inflammation, which caused death.
. The prisoner being called on for his.defence said, ".I have
nothing to say but that I am. perfectly unconscious of ever
having done this." - • .
Dr. Robert Harrison, professor of anatomy to the.college of
surgeons, Dublin, said he had known the family of prisoner
for a number of years, and fur the last five or six had attended
the prisoner. The family moved in the very first ranks of so-.
ciety in Dublin. Prisoner was a graduate of Triuitv.College,
Dublin. In Dec., 183 J, he was called iu to the pristmer, whom
he found in a pecu tar kited of fit, between apoplexy.and epilepsy.
He remained in a perfect state of stupor and lethargy for five
or six hours, arid remained languid and weak-for several days.
He has also,' slight paralytic affectiou of the upper eyelid, which
medical mew considered as indicating a strong nervous affec-
tion. 1n1832 he was called iu to the prisoner again, and found
him in is state of perfect mania. lie was sittingain the bedside
in• •a state- •of great fury, aunt none of the servants dared to
approach tint. He (witness) immediately walked up. to hint
in an authoritative manner, seized hold of his right hand and
said, " go to bed, sir," on which prisoner fell back on the bed in
a frightened way, as maniacs generally did when spoken to with
authority. Prisoner hail all the symptoms of a decided attack
of insanity, and talked of seeing a number of little black devils
running about the room and across the ceiling. Attended the
prisoner constantly, sometimes three. or four times a day for
about three weeks, when he became convalescent. That attack
had been coming on for some time, the premonitory symptoms
were loss of appetite, drowsinets,and• headache. On observing
that the disease was firmly established -in his constitution,
advised the prisoner's friends by no means to let hint go into
the army, for which he had soa.e predilection, for that•if he did,
he would not-be in the mess-room a mouth before he would do
some dreadful mischief. In his lucid intervals he was gentle,
amiable, and affectionate, but on that occasion the mere sight
of his mother, to whom he was much attached, threw hint into
an ungovernable fury. Dr. Morrison, after describing a shnilar
attack of mania with''which the prisoner was afflicted in • Feb.,
1831, said that, from what he had heard front the witnesses for
the prosecution about headache, drowsiness, and general appear-
ance of the prisoner, he had not the slightest doubt that when
the prisoner went out on the Sunday evening in question, he
was labouring under one of those paroxysms. The circumstance
of his placing himself' in concealment, was not inconsistent with
the supposition of lunacy, for no people showed more cunning
and ingenuity in carrying their point than madmen.
The Rev. Agle Win. Moore, vicar of Blessiugton, in the
county of Wicklow, said he had known the prisoner intimately
for about three years, and frequently visited at the housef
Nhiarti
Casey, grund uncle to the prisoner, with whom prisoner
lived from infancy. Witness spoke to the attack of mania in
1831, described by Dr. Harrison; and from his further testi-
mony it appeared that on Wednesday the sth November last,
the prisoner came-home to the house of his uncle in Dublin,
about midnight, after the test of the family had gone to bed,
and went up stairs, where he walked about iu his room for about
half en hour making a great noise, and at length, after exhibit-
ing the greatest fury and violence, left the house, and was not
heard of again till his apprehension.
Edmund Edward Casey, of Ely-place, Dublin, stated that he
'was the prisoner's cousin, and had lived with him almost since •
his infancy. The witness then detailed several facts tending to
show that the prisoner was occasionally subjected to violent
maniacal attacks, during the influence of which lie was a
per-
-feet lunatic. When sane the prisoner was particularly nic
about his dress and companions, and if he had been told that
prisoner associated with common sailors, drunk and slept with-
them, he would not have believed it. Prisoner had nu business
that could take him to Liverpool.
Another witness was called,—when the jury intimated that
they were satisfied of the prisoner's insanity.
Mr.'Betrun PARKS.—I myself have nut the slightest doubt on
my mind that the prisoner was insane. .Otherwise public jus-
tice would have required a full investigation. It is a very
melancholy transaction. The prisoner wok be secured.
Acquitted on the ground of insanity.
MURDER AT lICLME.
James Smith, 25, a private of the 9th battalion of the Royal
Artillery, was charged with the wilful murder of- Elizabeth
Smith, his wife, at Hulme; on Sunday, the 21th of August last,
by shooting her with his musket. It appeared that about five
o'clock iu the afternoon of the day in question, the prisoner,
whit halged.with his wife. just outside of the barracks, cerise home
apparyttly intoxicated, and finding no fire in his own room and
his witeerisent, went into the room where his landlord was to
Nett his pipe. On leaving the room to go to his own, he said
" 1 have got ad— b— of a wife, and I am going to give
myself up at the barracks as an unworthy member of his Ma-
jesty's service." About half an hour afterwards prisoner's
wife came into the landlord's room with two children, one of
which she left with the landlady to take care of, and went away
with the other, an infant of about two months old, in her arms.
A few minutes after this she was seen at the front door, with the
child still in her arms, her cap off, and her hair loose about her
shoulders, crying out "Murder, murder, my husband is loading
his firelock to shoot himself." The sepia of a musket was
heard, and the deceased fell. mortally wounded. It appeared
that the ball passed through the waiuscoat of the room in which
the prisoner Was, entered the throat of the deceased, passed out
under the left clavicle, perforating the lungs in its course, and
struck the wall at the opposite side of the street. The deceased
only lived fur two or three minutes, and died in the act of at-
tempting to speak. No person saw the 'prisoner fire the gun,
but a constable, who rushed into the room immediately after the
woman was shot, found hint sitting on the side of the bed, and
said to him- " You unfortunate than, what's this you have
done?" Prisoner replied " I have shot' her." "\Vhat with,"
asked the constable. " With that gun,"•said he, pointing to the
gin] which was lying on the floor, with the smoke not yet sub-
sided frOm its muzzle. The prisoner expressed fp eat regret-for
what he had done, but said that his wife hail behaved very badly
to hint, drank his pay and made away with his goods. •Another
constable, who took the prisoner in a coach from the lock-ups
at Hulme to the New Bailey, Manchester, deposed that as they
were passing Hulme Church, at which the Artillery-men at- ,
tended- Divine service, the prisoner said "I shall never go to
that church again." . Ile then, cried and sighed several tunes,
and said "She (meaning his wife) saw me loading the gun.
She then ran out, anu as soon as I saw her I fired ather." He
also said I stood at the foot of the bed waiting till she came,
• and then filed. I am sorry that I did not give the poor creature
time to say Lord have mercy upon me.',"
Major Oruttingdeah, of the 9th battalion, the prisoner's com-
manding officer, gave him an excellent character both as a sol- •
dier and a man, and stated that he appeared to be very fond of
his children.
Mr. Bantu Paiute, in summing up 'the evidence, said there
appeared to be no doula that the deceased owed her death to a
musket shot fired from' the rouin in which the prisoner was, and
that fact being established the presumption of the law was, that
1 the prisoner was guilty of wilful murder, unless evidence could
be shown to the contrary. There were only three suppositions
on -Which the death:dr the-deCeased could he accounted for ;
Ist that the gun had gone 'off by accident whilst the ptisoner
was engaged •in loading rt ; 2ndly, that the prisoner intended to
'make away with his-own life, and. by-accident shot-his wife; -and .1
3(11v, that 'he intended to kill the deceased. In either of the two
last' cases the prisoner was guilty of the crime imputed to bunt