The Atherstone, Nuneaton, and Warwickshire Times. — 1882-05-13 (Atherstone, Warwickshire, England)

THE ATTEMPTED MURDER NEAR LEAMINGTON.  Herbert Allen (25), carpenter and joiner, was indicted for having, on the 19th April last, feloniously shot at one Rose Holton, with intent then and there to kill and murder her.—Mr. Fitzgerald prosecuted, and Mr. Harris defended.— Mr. Fitzgerald, in opening the case for the prosecution, explained that the facts would not be disputed. The parties had been intimate for some time, and on the 19th April last, the prisoner visited the proaecutrix at the house of Mr. Montgomery, Lillington Manor House, near Leamington. He was shown into a sitting room, and immediately after the report of a pistol was heard, and when the cook entered they were found struggling together. The jury would have to ,ay what the motive of the prisoner was in firing at the prosecutrix. The prosecutrix, Rose Holton, a young girl about 21 years of age, sworn, said she was lady's maid at Manor House, Lillington, Leamington. On the 19th April last, the prisoner went to Lillington Manor and asked to see her. He was shown into the sitting room. Witness asked him how he was and be replie4, "All right." After some further conversation the prisoner produced from his pocket a five chambered revolver, which he placed near her side and fired. A struggle took place, witness fell to the ground,in an almost insensible state. In examination by Mr. Harris, witness said the prisoner bad been on affectionate terms with her and met her that day in a friendly manner.—Mr. Harris: You have not the least doubt the pistol was pointed away from you'—Witnees : No.—Mr. Fitzgerald : When the pistol went off, were you standing or on the ground,—Witnees : I was standing up when the pistol was fired.—The Judge : How came you to fall f—Witness : He pushed me down in the struggle. We were both struggling together, and I was trying to keep the pistol pointed from me.—The Judge: Was he trying to get the pistol to your side ?—Witness: I could not say.—The Judge: What did you do f—Witness : I kept the pistol pointed from me. —The Judge: While you were struggling with him to keep the pistol from you, did he struggle to get the pistol to you ?—Witness: I could not say.—The Judge : You must know whether he struggled or otherwise ?—Witn..tis :• He struggled to get it to me, and I tried to keep it from me. The struggle lasted a few seconds, and I had hold of the muzzle of the pistol. The other evidence as given before the magistrates, as to the Sailing of the bullet in the wall, the finding of the pis ol in the room, and the apprehension of the prisoner, was repeated. Mr. Harrie, Q.C., in addressing the jury, on behalf of the prisoner, said he should have no dimculty in impressing on the jury the serious nature of the charge. Next to murder the charge against the prisoner was the gravest crime known to the law, and morally it was almost as great a crime. Of course, if he intended to take her life, no punishment leas than penal servitude for a number of years would be adequate. Mr. Fitzgerald had told the jury it was a question of intention. It was not a question of whether the pistol went off or not. but a question whether his NMduct was that of a man who intended to commit a wilful and diabolical murder. It would have to be proved beyond a doubt that the prisoner intended to shoot "at" the young woman, with the intention to murder her. He would reinind the jury of the tremendous issue before them. The j ury would have to say whether or not he allot at the young woman, with intent to murder her, or with in.