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

MARTIN.) Andrew Heath was indicted for the wilful murder o; Elizabeth Heath, his wife, en the 11th of June last, ai the parish of St. Mary's Mjor, Exeter. Mr. Lives and Mr. Kiugdon were counsel for the pro, seeution; Mr. Ring and Mr. Sparkes defended the pri. soner.  this case wwaesr were fewsbo shoemaker, earl m, p livingl e . lt with his posted The e factstbat theo prisoner children, and it appearoi had not livid they had three his wife in Preston-street, Exeter; ;oral happily together for hveerade.nteiOamrae;hrheaf prisonerrEcln, hearda Ilth.oinall named Goss,i whoil taliom 7th of quarrelsjimo taking p!aco between and heard the prisoner say to murder her, and should bo hung for it. The witness hmisqwnairforetluliantguveowleoullyd spoke to him, and said he ought to be ashamed to use sis wife so, when he abused her. Shortly aerwards he saw the deceased at the window with her infant in her arms and another child by her side, crying for mercy, and the prisoner near her, with a poker in his hand raised as if to strike. She afterwards saw the into the pripoor woman in the stree heih her children, begging her qwueennt tul yp husband to let her in; was abusing her and using say to his bad language. On the next day she again heard guarre wifell i ntgu,atanhde heardwould ti murder soner's room, and remonstrated with him for ill-using his wife, when he abused her, and ran after uerdperrishonere.r Shfree her with , knife, and said he would rip her guts out if she • -interi!ered. Another woman, named Dark, de posed to seeing the deceased at the window of her room on the 7th of June. She had a pair of bellows in her hand, and her poker husband was standing by her with a in his hand. The wife put her head out of the window and pointed to her left temple, which was out andhis is what he has done with thebleeding, saying, .' T ther said that he had done it b poker," and furher own. He said, ~ you wh ecause she had asked for and tried to strike her actin, in but she defended herself ore, 1,11 be your butcher," with the bellows. Between that quent noises were heard in day and the 10th frea neighbour going in heard the prisoner's room, and mercy. On the prisoner the woman crying for he said she was being remonstrated with wished she was kickingdead, up such a hubbub he the gallows and he did not mind going to for her. went to the house, A woman named Sprague also 's loft and seeing a wound on the poor woman let ml put a temple, said, "Do all of you be quiet, and said, " Serve her poultice on." The prisoner was there, and 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 thepoker, but with the bellows. The witness said " 1 think roe have killed the woman--I think she is dying." . lie replied, " Dying; yes she has been dying r2nee three o'clock this morning, and is not (lend yet." at another time be said that his wire had struck him with the hollows, and that he struck her with the poker in a passion, not knowing what he did. A surgeon was calLd in en the 10th to attend the poor woman. She liits,,ered until the next day, awl thou died On a 7Jost modem examination being made, a f -acture was found in the skull on the left side of the temple, and a small mind hole made; and on the poker found in the prisoner's room being compared with it, is fitted exactly. The t urgeons expressed their opinion that the fritc..uro BS c 3 tae by a blow with the poker, and was ste w Cause of death. Oa crosA-examinc.rion it was endeate,nr( d shown that the deceased ws woman, S a violent woao ' to be on this entirety come occasions struck the prisoner, but ' nnrihad failed. Mr. RING addressed the jury for the prisoner, contending that the crime committed by the prisoner did not amount to murder, but only mansinughter. It was evident that quarrels bad eontint jelly taken place between them, and in one of these the deceased the blow wh ea eatsthe prisoner had given nil contemplating doing her ni, d her death, not at y serious injury, and that • he had no preconceived int 3ntion of owing her death;