The Sun. — 1859-07-18 (London, England)

TIIE JAIITRDER AT ALDERSHOTT CAMP. Henry Benjamin Haynes, a soldier, aged 21, was indicted for the wilful murder of Mary M'Gowan, at Aldershott, on the 6th March. The prisoner, on being arraigned, said he did not want to plead, but wished to be tried. The matter was explained to him, and his reply was directed -to' be recorded as a plea of not guilty. Mr. H. T. Cole prosecuted; Mr. Edwardes • defended the prisoner. It appeared that about 10 o'clock on the morning of Sunday, the 9th June, the prisoner and a comrade named RDbert Callender, both of them belonging to the 9th Foot, left the Aldershott cs.mp without leave, and went to the London Tavern, a house formerly a beer-shop, then used as a place of' resort for low women. After partaking of some beer in the kitchen, Callender went up stairs with a girl named Emma Turner, and Haynes accompanied the deceased, M'Gowan, to another apartment. M'Gowan was a native of Leeds, in Yorkshire. Callender fell asleep, the girl Turner left him, and he did not awake until aroused by the footsteps of Haynes immediately before the murder. When Turner got up she went to M'Gowan and told her it was time to get up. It was then about three o'clock. M'Gowan got up and began to wash herself. Prisoner put his arms round her neck and kissed her. M'Gowan said she had left something in another room, and went out, followed by Haynes. They went into another room. Almost immediately fearful cries of " Murder" were heard, and on Henry Ferris, of the North Down Rifles, and Charlotte Davies, a female in whose room ho was sitting while she was dressing, going to the spot from whence the shrieks proceeded, they discovered the unfortunate girl in :..he act of falling upon her knees, and Haynes withdrawing his hand, holding a razor, from her throat. The girl was bleeding profusely from a wound on the neck. She put up her hands, and exclaimed, " Lord have mercy on my soul. I hope my poor mother will forgive me ; I have been a wicked sinner-" Haynes put the razor on the table, took up the case, and put it in his pocket as he walked out of the room, and was found by Callender leaning over the bannisters, very pale and exceedingly agitated. Callender asked in the name of God what made him do that. He shook his head, looked up, and merely replied, " Is she hurt ? Is she hurt ?' She made no attempt to escape. The unfortunate girl expired in less than five minute. Private Wm. Trevanner, of the Military Train, with some comrades, and Royal Artillerymen, conveyed Haynes to the lock-up. On his way, Haynes said his mind had not been easy since he came from America, on account of what he had done there. Trevanner asked him what made him murder the girl. He replied, "Poor girl ! She never done me any harm, and I never done her any harm. I never spoke to her, nor she to me." Trevanner told him his intention had been to murder some one, as lie had brought his razor out ; and he said it was not this girl he intended to murder, but Margaret Cheltenham, who had caused him to have to enter the hospital. He had not, however, inquired for the girl Cheltenham that day. Trevanner then asked him what caused him to murder this girl, and he said it was the devil. Evidence having been led,. The jury retired, and having been absent upwards of two hours, returned into court with a written message to the learned judge. His Lordship said he had received a communication to the effect that some of the jury, having some doubt as to the prisoner's state of mind at the time he committed the murder, desired_a further explanation of the law. The foreman said they felt a doubt as to his lordship's meaning respecting the offence being committed under a sudden and uncontrollable impulse. His Lordship replied—The suddenness of the impulse did not make, it the less murder. He read the law seriatim. No jury, he added, could properly acquit on the ground of insanity, where they believed that the man was conscious of the act which he was about to do. An uncontrollable impulse must be one which overcame all consideration. If a man were conscious of the act which he was about to do, and the act was contrary to the law of the land, he was properly punished. The jury at once returned a verdict of guilty of murder. His Lordship then assumed the black cap, amid breathless silence, and passed sentence of death in the usual form.