The Express. — 1846-12-17 (London, England)

THE STARTPOUTH MURDLRS.--SRCUND DAT.—The examination of witnesses for the prosecution was resumed this morning, and at half-put two, the case for the prosecution having closed, Mr. Matthews rose to address the jury on behalf of the prisoners Barker and Raine. The case was one altogether unprecedented in any court ofjustice, on account of its peculiar and complicated nature, and he cautioned the jury not to allow their minds to be prejudiced by anything they might have read or heard about the alleged murder previous to their coming to York. The evidence which had been given was very long, and embraced many nice distinctions, which without explanation might seem to bear against the accused ; but which, when an explanation was given, would he found, if not fully in their favour, at all events to prove nothing against them. His learned friend bad adduced two motives as likely to actuate the parties in this case—malice or vengeance and an attempt to frustrate the ends of justice. He had also imputed a mercenary motive. But none of these motives, when properly examined, could be deemed sufficient to induce such an offence as the one alleged against his clients. Examining the facts which bad been given in evidence, he contended that they afforded no adequate motive fur the deed imputed to them. Directing the attention of the jury to discrepancies as to time by the witnesses Ow the prosecution, he said if some of them were to be believed, ease the ti stimony of Ann Humphreys, on whom the whole ewe rested, could not be credited ; because Barker and Rains could not have been on the spot whea she said the murder was committed. The evidence of this woman was so extra, ordinary—it came to this—that she gut up from her bed without any motive ; that she went out and saw a double murder committed, and then returned home ; again went to bed, without one thought or one pang of conscience. It required an extraordinary degree of credibility of the human understanding to believe such a statement, especially In a ease where the consequences would be so fearful to his clients. The fact of her having kept the matter concealed within her own breast fur twelve months, was also a topic of observation, and the learned counsel proceeded to argue the proposition that the girl was never out of the house at all on on the night in question, after she once went to bed, and to endeavour to show that if she were down at the sills, her statement of chat took place there was inconsistent with the alleged murder. He should not content himself with showing the contradictions in the case for the prosecution. It was too solemn, ton important a matter. There was too much at stake for him to take anything upon himself whilst there was anything left behind which would establish the innocence of his clients beyond a doubt. lie should call witnesses who would contradict Ann Humphreys as to various conversations, which she had denied. He should also contradict another material witness named Harrison ; and as to Barker, he should prove an alibi. He should prove that he was in the house at the time assigned by Ann Humphreys for the commission of this atrocious deed. He could not trace Raine in the same way, so far as he hoped would insure his acquittal also;a but, if Ann Humphreys' evidence was false as to Barker, which he proposed to prove, he asked, how could it be believed as operating against Raine ? The learned counsel commented in eloquent language upon the rug gA bed and rapid flow of the Tees, which were quite sufficient to account for the appearances that had been described upon the body of Yates. He suggested that Yates and Catherine Raine; who were both spoken of as being in liquor, had either thrown themselves, or fallen, into the water. He concluded a speech of two hours' duration, by stating that ho hoped and trused the jury would be able, with a firm voice and clear conscience, to return that which would give pleasure to all, and pain to none, a verdict of not guilty. Mr. Pickering next addressed the jury for the prisoner Breckon.—Witne:ses were examined for the defence until eleven o'clock at night, when the court again adjourned.