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

MARTIN.) Andrew Heath was indicted for the wilful murder o: Elizabeth Heath, his wife, on the 11th of June las:, a' the parish of St. Mary's _Major, Exeter. Mr. Lopes and Mr. Kingilon were counsel for the pro. secution; Mr. Ring and Mr. Sparkes defended the pri. sorter.  peered fta.heatts tehfetphrisiscoaaseer wwaesrea feshwoetamhuadireisrim, plilevinglt wait% his wife in Preston-street, Exeter; some time, frequent children, and it appears I had not lived happilyeytogetherhetw between them. On tho 7th of June a womandinitmPe'7adc°Goss, who lived near the prisoner, heard them I -violently mrre ling and heard the murder her, end should be hung for it. The wane: a spoke to him, and said he ought to be ashamed to us, his wile so, when be abused her. Shortly afterwards she saw the deceased at the window with her infant in her arms and another child by her side, crying for begging her quarrelst,ktr,dthree f her and using mercy, and the prisoner near her, with a poker in hi, hand raised as if to strike. She afterwards saw the she again beard quer day she say phouosrbawnodmtaon letin thheersitnre;ethowiwthash er abusing children, to his rolling,bad l a n gaunadg eh.o a rOd On t hthe prisonernext da wife that he would murder her. She went up into the prisoner's room, and remonstrated with him for ill-using with hls wife, when he abused her, and ran after her knife, and said he would rip her guts out if shetha p in roomhe interfered. Another woman, named Dork, deposed dto seeing ' on the 7th ot, and her J.andt the deceasede. Shehaatd the a windowai Hair of bellowso f her husband was standing by her with a pokerr in his hand. The wife put her head out of the win her loft temple, which was cut and ow and pointed to "This is what he has done with bleeding, saying, the poker," and furtherecause she had asked for said that he had done it b her own. He said, " You whore, 1,11 be your butcher," and tried to strike her again, with the bellows. Between but she defended herself en that day and the 10th fre• quent noises were heard a neighbour going in ill the prisoner's room, and mercy. On the heard the woman crying for he said she was prisoner. being remonstrated with wished she was deadlocking up such a hubbub he , and he did not mind going to the gallows for her. A woman named Sprague also house, went to the r. woman', left . and seeing a wound on the poor teatple, said, "Do all of you be quiet, and meon." Taelet put a poultice. prisoner was there, and said, " Serve her ri ht • ,he shall have worse if she does not hold her tonguge:being : k On asked how he could strike his wife with the poker? he scid ho did not do it with the poker, but with the bellows. The witness said 4, I think you have killed the woman--I think she is dying." He replied, '6 Dying; yes she has been dying since three o'clock this morning., and is not deal yet." At another time he slid that his wife had struck him with the bellows, and that he struck her with the poker in a passion, not knowing what he did. A surgeon wsa called in on the Witt to attend the poor woman. She lingered until the next day, and then died. On a post mortem examination being made, a lecture was found in the skull on the left side of the temple, and a small round hole mt.de; and on the poker found in the prisoner's room being compared with it, it fitted exactly. The surgeons expressed their opinion that the fracture caused by a blow with the poker, and was the c'3:a3 of death. On cross-examinaaion endeavoured it was uto be shown that the deceased was a violent woman, and had on some occasions struck the nrisou .. er ) but this entirely failed. Mr. RING addressed the jury for the prisoner, contending that the crime prisoner committt d , 13.3- the did not amount to murder, but only manslaughter. It was evident that quarrels had continually tzken place between thane, and in one of these the prisoner had given the deceased the blow which caused her death, not at all contemplating doing her any serious injury, and that he had no preconceived ' tntmucu of causing her death;