The Liverpool Standard and General Commercial Advertiser. — 1843-04-04 (Liverpool, Merseyside, England)

CIRCUMSTANTIAL EVIDENCE.—At the Surrey Sessions, which concluded on Saturday afternoon, Mr. Charnock, who was engaged to defend a prisoner (the evidence for the prosecution entirely resting on circumstantial evidence), said such evidence-was always dangerous to convict on, and cited the following remarkable case, which the learned counsel said was not generally known :—On the northern circuit, a few years ago, a respectable farmer was indicted for the wilful murder of his niece, to whom he was left executor and guardian. A serious quarrel took place between the uncle and his ward, and the former was heard to say that his niece would never live to enjoy her property, although she wanted but a short period of becoming of age. Shortly after this declaration and quarrel the niece was suddenly missed, and no one knew what had become of her. Rumours were quickly spread to the disadvantage of the farmer, until it was at length publicly reported he had murdered his niece for the sake of possessing himself of her property, and that he had concealed the body. On his being apprehended on a charge of murder, various spots of blood were found on his clothes, those being the garments he was in the habit of wearing. Appearances went so much against the prisoner that lie was committed for trial. At the assizes application was made to the judge 4o postpone the case, on the ground that public indignation was generally excited against the prisoner that he could not safely go to trial, and an affidavit was pat in that, if the time was granted, there was no doubt that the niece would be produced in court, and that the prisoner was entirely innocent of the murder. The application was successful, and in the interim the most strenuous exertions were made on behalf of the  prisoner and hisTrienL to find the niece, but all to no purpose, and the search proved fruitless. The period of the assizes at length came round, and being unable to produce tit% niece, the prisoner, to save his life, resorted to a deception, the fatal step of which procured his condemnation and execution within 48 hours after trial. A young lady was produced in court exactly resembling the supposed murdered female; her height, age, complexion, hair, and voice, were so similar that many persons in court, who were acquainted with the niece, were satisfied she was the same, and some witnesses actually swore to the identity. An intimation, however, was given to the counsel for the prosecution, that the female in court was not the niece of the prisoner, but the resemblance was perfect. By the most skilful cross examination by the counsel for the prosecution, the artifice was at length detected, and the jury without hesitation pronounced the fatal verdict of Guilty. His Lordship, in passing sentence of death, said it was impossible the jury could have come to any other conclusion, and sentenced the unfortunate man to be executed on the following Monday. On the scaffold, with his last breath, the unhappy convict declared his innocence, but the clergyman rebuked him for hardihood, and the crowd of spectators who had witnessed the execution were satisfied he died a guilty man. Within two years after the execntion, the niece actually 'Made her appearance, and claimed the property to which she was entitled. It appeared that on the day after the unfortunate quarrel, the niece eloped from her uncle's house with a stranger to whom she had recently become attached, and had never been heard of until her sudden and unexpected return, and that she had only by accident heard of her uncle's execution.  Jane, Pennington, from Charente and Liverpool, at Whitehaven Ellen, Roche, sailed from Marseilles for Liverpool 24th March Peru, Bateson; from Mauritius, at Bristol WATERFORD, March 29.—The smack Minerva, of Beaumaris, with her masts hanging over her side, and apparently no person on person on board, was passed yesterday, off the Smalls STROMNESS, March 23.—The Isabella, Robertson, from Liverpool for Stettin, in turning through Hoy Sound, got on the rocks near Hellya, but is expected off at high water. STOREHEDINGE, March 14.—The Amelia, Albrecht, from Danzic for Liverpool, struck on the Chalk Grounds, near Holtug, 12th March, but came off after throwing part of her cargo (timber) overboard, of which 3 balks and 78 pieces of lathwood have been washed on shore.