The Sun. — 1852-07-30 (London, England)

MARTIN.) Andrew Heath was indicted for the wilful murder of Elizabeth Heath, his wife, on the 11th of June lasr., at the parish of St. Mary's? Major, Exeter. Mr. Lopes and Mr. Kingdoa were counsel for the prosecution; Mr. Ring and Mr. Sparkes defended the prisoners - - - _ _ _  p e aThere ft Jae. oat: tohfet ph ri si s co aeseer wwaesr ea fashwoeamnalkesran, PliveloglL wait% his wife iti Preston-street, Exeter; they had three children, and it appear° l had not lived happily tog ether for som e time, frequent quarrels taking place between there. On the 7th of June a woman named Goss, who lived near the prisoner, heard them quarrelling ioently and heard the prisoner say to his wife that he would murder her, and should be hung for it. The witne: a spoke to him, and said he ought to be ashamed to use his wife so, when ho abused her. Shortly afterwards she saw the deceased at the window with her infant in r aide, crying for her arms and another child by he mercy, and the prisoner near her, with a poker in his hand raised as if to strike. She afterwards saw the poor woman in the street with her children, begging her husband to let her in; he was abusing her and using bad language. On the er next day she again h say to eard guarprison frequently his re wifell that inanhde board d tberder her. She went up into the prisoner's room, and remonstrated with him for ill-using his wife, when he abused her, and ran after her with a knife, and said be would rip her guts out if she interfered. Another wdoipmnga airnb, namedoyf hbeerlbellows wiDtsho riank ,phoepoker e hr a deposedin ud , leis seeingoiasn hdaher ed rt. the deceased at the idow of her room on the 7th neighbours aid she was June. She aidfSewhpeausthahedtearbahead out of witht cutne window and pointed tO the ed pbolekeedri,ya, nsday furthering oonwaeaasit because she had asked for Betweenhea; d hddYou whore,bt Pll be your butcher," .hb,eeTrr hloiesewfatinisd.t ewtmhHhapatelte:,seae iwhdhah,adis,e, a the and tried to strike her again, defended herself with quint going inthethat dayprisoner's s oa en edethe room,lotl andf rein heard the woman cryieg tor prisoner being remonstrated with mercy. On the wished she was dead, twheentgatlolo gallows the fhorouhseer, ahekicking up such a hubbub he a left temple, Aand he did not mind going to woman named Sprague also and seeing a wound on the poor woman' let me put a . , ~ _poultice on." The prisoner was there, and saut, Serve her right; she shall have worse if she does not hold her tongue." On being asked how he could strike his wife with the poker? he said he did not do it with the poker, but with the bellows. The witness said " I think you have killed the woman—l think she is dying." He replied, " Dying; yes she has been dying since three o'clottk this morning, and is not daad yet.' At another time he said that his wife had struck him with the bellows, and that ho struck her with the poker in a passion, not knowing what he did. A surgeon was a fracture was found in called in on the 10th to attend the poor woman. She lingered until the next day, and then died. On a post mt the t se kmuexaminationt beingo of ah de et, e 0 i p le,and a small mind hole made; and on the poker found in the prisoner's room being compared with it, it fitted exactly. The surgeons expressed their opinion that the frac:ure was caused by• a blow with the poker, and was the cause of death. On cross-estainitattion it was endeavoured to be shown that the deceased was a violent woman, end had on some occasions struck the prisoner, but this entirely failed. blr. Mato addressed the jury for the prisoner, contending that the crime committed by the prisoner did not amount to murder, but only manslaughter. It was evident that quarrels had continually ta ken place between them, and in one of these the prisoner had given the &ceased the blow wh cs• calla d her death, not at all contemplating doing her Lily serious injury, and that be bad no pxecconCeiTeCi Utatitinti of owing her death;