Chapter XXXIII: Part 33

On the other hand, Mr. Andrews addressed the jury, in a speech of great acuteness and power, stigmatising the whole as a base fraud and conspiracy between the Fuels and their friends, who had got up this evidence, improbable and absurd as it was, against the unfortunate youth at the bar, with a view to secure the pardon of James Fuel, who having been convicted of felony since the last assizes, could only become a witness by the pardon of her Majesty. To obtain this wicked end this plot had been concocted, and to show its falsity witnesses would be called who would prove from Fuel's own mouth, that he had over and over again said that he had got a convict, named Mead, to write the notes, in order that he might say Adams had given them to him, and to induce the magistrates to take up the affair again and clear him from the penalty of his own offence.

To substantiate this defence two men were called, named Daly and Palmer, to the former of whom, when a prisoner, and to the latter also, who had seen him in the prison, he had repeatedly admitted that he had spoken falsely, and had got up the charge for the purposes above mentioned: while another man further swore that Fuel's character was such that he could not be believed upon his oath.

Mr. Byles having replied upon the whole case,

Mr. Justice Park elaborately, and with the utmost impartiality, summed up the lengthened chain of evidence in an address which lasted to a late hour. At the close of his lordship's address, which was delivered in a tone and with a manner which showed how deeply the mind of the learned judge had been affected by the painful nature of the inquiry, the jury, after a short time spent in deliberation, returned a verdict of "Guilty."

The prisoner was then immediately sentenced to transportation for a term of seven years.

FRANCIS LIONEL ELIOT, EDWARD DELVES BROUGHTON, JOHN YOUNG, AND HENRY WEBBER.

INDICTED FOR A MURDER COMMITTED IN A DUEL.

On the evening of Wednesday the 22nd of August, 1838, a duel took place on Wimbledon Common, which was unhappily attended with fatal consequences. The principal parties to this melancholy transaction were Mr. Francis Lionel Eliot and Mr. Charles Flower Mirfin; and they were accompanied, the former by Messrs. Young and Webber, the latter by Broughton and another person, whose name, we believe, was never ascertained with certainty, and also by Dr. Scott, a medical gentleman, who attended to render that professional aid which it was deemed possible might be required of him.

The circumstances which led to this duel are stated to be the following:--During Epsom races, 1838, both Mr. Mirfin and Mr. Eliot attended that far-famed sporting meeting. On the Derby-day they were returning to town, Mr. Eliot driving a phaeton, and Mr. Mirfin a gig, when, by some accident, the two vehicles came in contact, and Mr. Mirfin was overturned. In the fall some of his ribs were fractured; and, on getting up, an altercation arose, and offensive language passed, which ended in Mr. Eliot striking Mr. Mirfin a blow on his already injured side, of which injury, however, it is due to say, Mr. Eliot was ignorant. The pain at the moment was excessive, and Mr. Mirfin had only a faint recollection that the name of the party with whom he had come in contact was Eliot; but he had been unable to obtain his address, and therefore had no clue to his discovery, although extremely anxious to call him to an account. Months rolled on, and only on one occasion, till Tuesday night the 21st of August, had he obtained a transient view of Mr. Eliot, in a cigar-shop, but almost instantly lost sight of him. On Tuesday night, in company with two friends, he entered the saloon in Piccadilly, and while he was there he heard the name of Eliot mentioned. The name at once struck him, and, on looking at the party by whom it was acknowledged, he recognised him as the person whom he had so long sought, and from whom he had received a blow. He immediately requested one of his friends, Mr. Broughton, to address Mr. Eliot, and call the matter to his recollection Mr. Eliot admitted the fact, and offered to make an apology. It would seem, however, that neither party was in a situation to enter upon the subject then, and it was agreed that mutual friends should meet at the Opera Colonnade Hotel at twelve o'clock on the next morning to discuss the matter. Mr. Mirfin then proceeded to his residence, No. 2, Pleasant-place, West-square, Lambeth, where he retired to rest. At the time appointed the friends met, when an objection was made on the part of Mr. Eliot to meet Mr. Mirfin. A firm determination having been expressed, however, that such meeting must take place, on a second application to Mr. Eliot he acceded to the proposition, and a hostile meeting was arranged for the same evening, on Wimbledon-common.

The individuals whom we have named accompanied the principals to the intended scene of action; and a fitting spot having been selected, the parties proceeded to adjust the preliminaries. After some conversation among the parties, in which Mr. Mirfin refused to consent to receive a verbal apology, the ground was measured, twelve paces, and the principals being placed in their positions, each provided with a pistol, at a concerted signal both fired, when the ball of Mr. Eliot's pistol passed through Mr. Mirfin's hat, whilst that of Mr. Mirfin went harmlessly by his antagonist. Mr. Mirfin then impatiently demanded another pistol, having previously declared he would face a dozen shots rather than submit to the insult he had received. The second fire quickly followed, when Mr. Mirfin, placing his hand on his side, exclaimed, "He's hit me!" and then, staggering a few paces back, fell into the arms of Dr. Scott and his second. The former soon ascertained that the wound was fatal, and in a moment the unfortunate man breathed his last. The ball had taken a transverse direction, and had passed through his heart. The fatal result being ascertained, Mr. Eliot and the two seconds left the ground in the same carriage, and some casual passengers coming up, the body was lifted into a cabriolet, and immediately driven off the ground. It was conveyed to Pleasant-place, and, with the assistance of Dr. Scott, who resided in Rockingham-row, Kent-road, was laid on the carpet in the parlour, when another medical gentleman, a Mr. Smith, was sent for, and the body was stripped, but all hope of recovery had vanished. It would seem that application was subsequently made to Mr. Reed, an undertaker in the London-road, to prepare a coffin, and to convey the body for interment to a distant part of the country. This he declined; and finding the cause of death, he felt it his duty to inform Mr. Young, a constable in the neighbourhood, who communicated the fact to Field, a police-inspector, who placed the corpse in charge of one of his men until a coroner's inquest could be held.

On Saturday, the 25th of August, an inquest was held on the body of the deceased, which was continued by adjournment until the following Tuesday, when the circumstances which we have detailed were proved in evidence; and from the statements of the witnesses, the various parties whose names have been mentioned were shown to have been concerned in the affair. The duel appears to have been conducted, however, upon perfectly fair principles, and there was nothing in the conduct of any of the persons present to induce a supposition that any ungentlemanly advantage was taken on either side. Mr. Scott, the surgeon, entered into a detailed account of the whole transaction, which differed in no material degree from the general statement which we have given. The jury returned a verdict of "Wilful Murder" against all the parties concerned as principal or seconds; the verdict as to the latter, however, only referring to them as being accessory to the offence.

At the ensuing session at the Central Criminal Court, indictments were preferred against the various parties concerned; and it being understood that Mr. Broughton would surrender to take his trial on Friday the 21st of September, on that day the court was much crowded.

Upon Mr. Broughton being called, however, he did not appear, and his absence was stated to be accounted for by the indisposition of Mr. Clarkson, who had been retained as counsel on his behalf; but Messrs. Webber and Young presented themselves, and declared themselves ready to take their trial. They were defended respectively by Mr. Adolphus and Mr. C. Phillips, while Mr. Chambers conducted the case for the prosecution.

The whole of the facts were then again proved in evidence; and eloquent appeals having been made on behalf of the prisoners by their counsel, a great number of highly respectable witnesses were called, who gave them excellent characters for the general humanity of their disposition.

Mr. Justice Vaughan, in summing up the case to the jury, remarked upon the circumstances which had attended the duel. He observed, that it should have been the bounden duty of all those who had acted as seconds, or who were present, to have interfered to prevent this fatal meeting; and that, at all events, after the first shot, even supposing the mistaken ideas which might be entertained with regard to wounded honour might be deemed to have rendered the affair so far excusable, they should have positively refused to suffer any further proceedings. The principals in such cases were the mere tools in the hands of their seconds, and upon the latter rested the more serious responsibility. The learned judge having also offered some observations upon the omission of Mr. Scott to attempt to prevent the duel, said, that it sometimes occurred that the feelings of the man were in opposition to those of the judge, and considering that everything in this case appeared to have been conducted with what was deemed fairness, he could not but feel some compunction in stating, as he was bound to do, that persons who had acted under such circumstances as those which had been disclosed were guilty of murder. The question of the prisoners being connected with the case was one for the jury, and one upon which their decision was required. The jury, after some consideration, found the prisoners "Guilty," and at the same time declared their opinion that Mr. Scott himself should have stood at the bar with them. Mr. Justice Vaughan expressed himself to be of the same opinion, and sentence of death was then recorded against the prisoners.

They were instantly conveyed to the interior of Newgate, where they were placed, in obedience to the usual course, in the condemned cells. The application of their friends to the crown, however, soon procured their liberation from this disagreeable confinement; but the sentence of death was only removed upon condition of their undergoing twelve months' imprisonment in the House of Correction at Guildford, one month of which was to be passed in solitude.

On Friday, the 8th of February, 1839, Mr. Broughton surrendered at the Old Bailey to take his trial, and pleaded "Guilty" to the indictment. Sentence of death was recorded against him; but in this case, as in that of Webber and Young, the punishment was reduced to twelve months' imprisonment.

Mr. Eliot, the surviving principal in this affair, was a gentleman of highly respectable connexions--his father being a major-general in the army. Mr. Mirfin, it appears, had formerly carried on business in Tottenham-court-road as a linen-draper, but subsequently retired from business upon a competency. His connexions were of great respectability, his father and brothers being engaged in trade in the north of England of a similar character with that in which he had been concerned. Mr. Broughton, we believe, was a relation of Sir John Delves Broughton, Bart., a general in the army, and descended of an ancient family.

Mr. Eliot succeeded in making his escape to the Continent, and has not yet surrendered to the indictment preferred against him, which, therefore, still remains in operation.

CHARLES KINNAISTER, AND OTHERS.

EXECUTED FOR THE MURDER OF AUSTRALIAN ABORIGINES.

The atrocious cold-blooded massacre of which these persons were guilty is scarcely equalled by any event of a similar character. The scene of the murder was the colony of New South Wales,--the victims were the unoffending aboriginal natives of the country,--the miscreants by whom the savage scene was enacted were Englishmen, who, however, from their sanguinary disposition, do not deserve that they should receive such an appellation. Fortunately for the vindication of humanity, the unparalleled barbarities of which they were guilty were discovered, and their perpetrators brought to justice.

The names of these monsters in human shape were Charles Kinnaister, William Hawkins, James Perry, Edward Foley, James Cates, John Russell, and John Johnson. It would seem that all of these were convicts, and had been transported from this country. They had been assigned as stock-men or shepherds to some of the settlers in the interior of the colony. In the month of June 1838, these ruffians, influenced or induced by what motive has not been discovered, beyond a determination to extirpate the unhappy natives, set out on horseback in pursuit of their helpless victims. They were traced in their progress inquiring after blacks, and at last arrived at a hut near the big river, beyond Liverpool plains, occupied by the first-named prisoner, Kinnaister. Here they discovered that a little tribe of about thirty natives, men, women, and children, including babes at their mothers' breasts, were congregated in the bush, unsuspicious of danger and unconscious of offence. This was on Sunday the 10th of June. They immediately approached their victims, who, terrified at their manner, ran into Kinnaister's hut for protection, crying for mercy; but they appealed to hearts of stone, who having thus caught them, as it were, in a trap, dismounted, followed them into the hut, and, despite of their entreaties, tied them together with a rope, with the exception of one woman. This was done without a word being uttered, and with a cool and bloody determination.

_P. 479_]

When all were thus secured, one end of the rope was tied round the body of the foremost of the murderers, who, having mounted his horse, led the way, dragging the terrified group after him, while his infamous companions guarded them on all sides. Groans and tears burst from the wretched beings, whose worst fears were excited. In vain, however, did the aged and youthful of both sexes appeal for compassion. Their doom was cast. Onward they were dragged till a fitting place in the bush was reached, and then the work of slaughter commenced, and, unresisting, were these hapless wretches, one after the other, brutally butchered. Fathers, mothers, and children, fell before the previously sharpened swords of these self-appointed executioners, till all lay a lifeless mass, in death clinging to each other with the throes of natural affection. But one shot was fired, so that it was presumed one only perished by fire-arms. The precise number thus immolated has not been accurately ascertained, but it is computed that not less than thirty lay stretched on the ensanguined earth. The demon butchers then placed the bodies in a heap, kindled an immense fire over them, and thus endeavoured to destroy the evidence of their unheard-of brutality. Fragments of the unconsumed bones, however, still remained; but even these were collected, and attempted to be hidden from human eye. But the vengeance of Providence was not to be thus thwarted; and although for a time these miscreants imagined they had effectually disguised their horrible work, circumstances led to their detection and apprehension. Birds of prey were seen hovering about the spot where the unconsumed remains yet existed, and stock-men in search of their strayed cattle were thus attracted to the locality, supposing they should find their carcasses. In this way it was that the ribs, jaw-bones, half-burnt skulls, and other portions of human skeletons were found--while symptoms of the conflagration in the vicinity were likewise detected. This led to inquiry, and ultimately to discovery of the horrible truth. The place was fifty miles from the nearest police-station, but the whole of the villains were apprehended, and their own admissions and conduct previous and subsequent to the bloody work, added to a chain of circumstantial evidence, left no doubt of their guilt. It chanced, too, that on the night previous to the murders, a heavy rain had fallen--and traces were thus discovered of horses' hoofs, as well as of the naked feet of the wretched natives, on the way to the field of death.

On the 15th of November, the prisoners were put upon their trial before the Chief Justice, Sir James Dowling, charged with the murder of a black, named Daddy, the remains of whose gigantic frame had been observed and distinguished among the discovered ashes. Every possible means had been adopted to secure the acquittal of these atrocious malefactors by an association, which had been formed with the ostensible object of preserving the property of the settlers from the incursions of the blacks. The pretence for the diabolical murders which were committed was the supposed aggressions of the natives in killing and spearing cattle; and every instance of violence of this description was carefully brought forward to secure the liberation of the prisoners, by a verdict of acquittal. The strong prejudice which was excited against the aborigines was not without its effect, and in spite of the evidence which was adduced, the jury found the prisoners "Not Guilty."

There were still other indictments against them, however, which remained to be tried, and in the month of December they were again arraigned. Upon this occasion they were not quite so fortunate, and the men above-named were declared to be "Guilty," and sentence of death was instantly passed upon them. Renewed efforts were now made in their favour; but their horrid guilt being proved beyond a doubt, Sir George Gipps, the governor, determined that the law should take its course, and on the 15th of December, 1838, the convicts underwent the execution of their sentence.

ARCHIBALD BOLAM.

TRANSPORTED FOR MANSLAUGHTER.

Few occurrences of the nature of that which is now before us, have attracted more marked attention than that of the dreadful and most mysterious death of Mr. Joseph Millie, assistant-clerk in the Savings' Bank at Newcastle-upon-Tyne. The discovery of this event took place at two o'clock in the morning of Friday the 7th of December, 1839, when flames and smoke were observed to be issuing from the offices of the Savings' Bank. The aid of the engines having been procured, the fire was in a short time extinguished, and the police then entered the house, for the purpose of ascertaining the cause of the conflagration, and that all danger was passed. Upon their going into the clerk's office, they were astonished at perceiving Mr. Millie lying extended on the hearth-rug, with such wounds upon his person as left no doubt that he had been murdered. His skull had been literally smashed in, and his brains were scattered about the room; and what was more singular, his pockets were found to be filled with coals, as if the object of his murderer had been to prevent the discovery of his dreadful crime, by securing the destruction of the body of his victim by fire.

In the adjoining room, they were more alarmed to find that Mr. Archibald Bolam, the actuary, was also lying on the floor, apparently insensible. He was lifted up, and some slight wounds were discovered in his throat, which passed through his stock; but before many minutes had elapsed he was sufficiently recovered to give an account of the mysterious affair. He said "I have lately had two or three anonymous letters, threatening to do me harm; and one was put under the door of the Savings Bank, last evening, after dark, saying that something would happen to me at home. In consequence of this, though I generally get my tea at the bank, I went home, the other clerk, Millie, having previously gone to his tea. I returned about half-past seven o'clock in the evening, and finding the door locked as I had left it, I opened it, and put the key into my pocket. When I got into the bank I saw Millie lying on the rug, and I thought he had fallen asleep. He also has a key, and sometimes locked himself in. I then went towards my desk, intending immediately to go and speak to Millie; but while I was about to open my desk, I thought I heard some one coming behind, and was in the act of turning round, when I received a blow on my right temple from a man in disguise, with his face blackened. I immediately started up, and ran shouting towards the window, intending to give an alarm, on which the fellow followed me, and said if I stirred, or made the least noise, he would serve me as he had served the other man. He struck me again when I was near the window; and when I was down, I felt a knife at my throat. Shortly after this I became insensible for a while; but afterwards my recollection seemed to return, and I heard somebody in the other office, as I supposed, going about and making a noise. I dared not make the least outcry. I burnt the threatening letters which I had previously received. The one which I found last night under the waiting-room door I left upon my desk. I cannot well describe the man, excepting that I think he was under the middle size, and spoke roughly, but apparently in a feigned voice. I had a few shillings in my pocket, and I think 4_l._ 10_s._ in my desk, which was left by Mr. Airey to deposit on Saturday. In the inner safe I had a further sum of 80_l._ of my own, which I kept to meet current expenses." Further than this, Mr. Bolam said he had no recollection of what took place.

A story so extraordinary at once excited suspicion, more especially when it was discovered that the apparent object of the supposed murderer, namely plunder, had been left unfulfilled. The greater part of the papers and books of the bank were discovered to be undisturbed, and uninjured by the fire; and although the outer door of the strong-box was standing open, the inner lock was still fast. The key of this lock was stated (by Bolam) to have been left by him in his desk, but it was now nowhere to be found.

At a coroner's inquest held upon the body of the deceased, Bolam was examined at great length; but the confusion which he exhibited, and the inconsistency of his declarations still further increased the belief which was generally entertained, that he had himself committed the murder, and had fired the house to conceal the act, while he hoped to divert suspicion from himself by a simulated attempt at violence on his own person. The inquiries and statements of the police confirmed this suggestion; and at the conclusion of the inquest, a verdict of "Wilful Murder" was returned against him, and he was taken into custody. The investigation, however, was still carried on by Stevens, the superintendant of the constables of the town, with the most praiseworthy diligence. At a search of the house of the prisoner new evidence was procured. This consisted of the discovery of the key which was missing from the Savings' Bank, and also of a considerable sum of money in gold, which was concealed behind some books. It was also ascertained that Bolam had been seen at his own house at a period later than that at which he stated he had quitted it; and many other minute facts were learned at variance with his declarations. A new and more extensive search at the Savings' Bank brought fresh cause of suspicion to light. The absence of blood on the spot where the prisoner had been found lying, and the evident fact of the blood having flowed down his clothes, as if the wound had been inflicted while he was in a sitting posture, clearly showed the falsity of his story in this particular; and the further circumstance that three of the most recent account-books were missing, tended in some degree to supply a motive for the commission of such a crime by him, although it could hardly be supposed, that where means so much more easy to procure their destruction, had such been his object, could have been resorted to, he would have been guilty of an offence so atrocious in order to attain so simple an end. The excitement which prevailed upon the subject throughout the kingdom was very great, and motives and reasons for the commission of the crime by the prisoner of all descriptions were assigned, but the most reasonable, and that which was eventually adopted by the jury upon the trial was, that some misunderstanding having arisen between Bolam and Millie, the former, in the heat of passion and anger, had assaulted the latter with the poker, and destroyed him; and had then arranged the tale which he subsequently narrated, and the appearances which were exhibited in order to conceal his guilt.

The sympathy which was created for the family of the unfortunate Millie was extraordinary. He had been left a widower with four children, and he had striven hard amidst adversities and vicissitudes of the most painful nature to maintain his children in a respectable station. Through the instrumentality of Bolam he was appointed to the situation which he held, the salary of which was 60_l._ a year, and he had performed the duties attached to it with great credit. The managers of the bank took care that his family should not be left entirely destitute in consequence of his death, and they liberally provided them with the means of immediate support; but an equally generous feeling was displayed by the public, and in less than one month 1000_l._ were collected by subscription to be appropriated to their use.

At the Spring Assizes of the year 1839, a bill of indictment was preferred against Bolam, for the wilful murder of the deceased; but in consequence of the very strong feeling which then prevailed against him, and the uncertainty which might be said to exist as to his obtaining a fair and impartial trial, the conclusion of the proceedings against him was postponed to the ensuing Assizes.

On Monday, the 29th of July, 1839, he was tried at Newcastle before Mr. Baron Maule. The case for the prosecution occupied the greater part of two days. At its conclusion, a great number of witnesses were called to the prisoner's character. The learned baron, in summing up, after having remarked upon the evidence produced to substantiate the crime of murder, said, "The prisoner may be guilty of the death of Millie under other circumstances. Some difference or altercation may have taken place between them. The evidence goes to show that there was no ill-will or malice; but among a thousand causes some spark of anger may have been kindled and blown up; a scuffle may have ensued, and the man at the bar may, in a state of excitement, have been the death of the deceased; and if he were so, and blows passed between them in conflict, he would have been guilty of manslaughter, and that would furnish motives enough for a statement which would, in his opinion, screen him from banishment from his native country and his friends. This view furnishes motives quite sufficient for the fire as well as for the other facts. I do not say that this is the inference you ought to draw, nor has it been suggested on either side; it is for you to consider it." The jury seem to have adopted this suggestion; and after having been absent considering their verdict for three hours, found the prisoner guilty of "Manslaughter."

He was subsequently sentenced to be transported for life, and quitted the country in pursuance of this judgment.

FRANCIS HASTINGS MEDHURST.

CONVICTED OF MANSLAUGHTER.

Mr. Medhurst was a young man of highly respectable connexions, and the offence of which he was found guilty was that of the manslaughter of a schoolfellow, Mr. Joseph Alsop, at the Rectory House Academy, at Hayes, in Middlesex. It would appear that this establishment was kept by the Rev. Mr. Sturmer, a clergyman of the Established Church, and minister of the parish of Hayes. Mr. Alsop and Medhurst were his pupils, the latter being about twenty-two, and the former twenty-one years of age. Mr. Dalison, another pupil, had quitted Mr. Sturmer's establishment on the morning of the day on which the unfortunate occurrence, which was subsequently the subject of judicial investigation, took place. On Saturday the 9th of March, 1839, Mr. Sturmer was in his study with Mr. Alsop and a pupil named Bunney, when Medhurst entered the apartment, and complained to Mr. Sturmer, that Dalison, whom he designated as "a blackguard," had broken the glass of his watch. Mr. Alsop, who had been a constant companion of Mr. Dalison's, indignant at the language applied to his friend, and perhaps irritated at former bickerings with Medhurst, exclaimed, "You are a liar and a blackguard for saying so!" and thereupon Medhurst, who carried a stick in his hand, immediately struck him several severe blows over the head and arms. A scuffle ensued, in the course of which Alsop wrested the stick from his opponent, and they had separated to the distance of five or six feet, when just as Alsop was again advancing towards Medhurst with the stick upraised as if to strike him, the latter suddenly drew a clasp-knife from his pocket, and opening it, stabbed his unfortunate antagonist in the belly. Mr. Sturmer had quitted the room at the commencement of the affray; and Bunney, horror-struck at the dreadful act of his fellow-pupil, rushed from the apartment to procure assistance. Mr. Sturmer now hastened back to the scene of the affray, and he found that Alsop was on the floor, supported by Medhurst, while the latter appeared to be bitterly lamenting the act of which he had been guilty. They both of them declared that they had been in the wrong, and Mr. Alsop freely forgave his scarcely less unfortunate fellow-pupil. Surgical assistance was obtained; but it proved to be without avail, and after lingering a few days the unhappy young man died.

It was not, however, until Friday the 15th of March, that Medhurst was taken into custody; and on the next day, and the following Monday, an inquest was held on the body of the deceased. From the evidence which was then produced, it appeared that the deceased and the prisoner had quarrelled upon more than one occasion before the 9th of March, and that in all these misunderstandings the part of the deceased had been taken by his fellow-pupils. Expressions of a violent description had been made use of by Medhurst, as to using a knife in case of his being attacked; and he was shown to be in the possession of an instrument of a most dangerous character. It was his habit, it appeared, to carry a stick almost constantly in his hand; and Mr. Sturmer admitted that he had known him go about the house, armed with loaded pistols. In the course of the inquiry, facts were elicited which showed a great want of energy in the conduct of Mr. Sturmer, who by his interference on the morning of the 9th of March, might have prevented the melancholy result of the quarrel, the commencement of which he witnessed. A verdict of "Wilful Murder" was returned against Mr. Medhurst by the coroner's jury, and he was conveyed to Newgate to await his trial upon that charge.

At the Central Criminal Court on Saturday the 13th of April, the prisoner was put to the bar to be tried upon the indictment which had been preferred against him, and he was found guilty of the minor offence of "Manslaughter."

Upon this conviction he was sentenced to three years' imprisonment in the House of Correction.

Mr. Medhurst, as we have already stated, was a young man of respectable connexions, and of considerable expectancies. It is not a little remarkable, that his grandfather was also tried for murder, though he escaped the consequences of his act, by proof being given of his insanity. His wife, it appears, was the victim of his attack; and her death was caused by a stab which she received from the hand of her husband in a moment of passion. For this alleged murder he was tried at the York Assizes in the year 1804, but acquitted as we have stated, on the ground of his being insane. At that time the unfortunate man was a stock-broker of eminence, possessed of great property in Yorkshire, where he kept a large establishment and a pack of hounds. At the time of the conviction of his grandson he was still alive, and an inmate of a lunatic asylum at Hillingdon, Middlesex, but bowed down by age and infirmity almost to the grave, and unconscious of the guilt of his descendant. The father of young Medhurst died about two years before his son's conviction. He had married an Italian lady, and the unfortunate culprit whose case we have detailed was the offspring of the union. There were other sons, however; one of whom was an esteemed member of the Church of England at the period of his unhappy brother's trial.

WILLIAM JOHN MARCHANT.

EXECUTED FOR MURDER.

The criminal in this case held the situation of footman to Mr. Henry Edgell, a magistrate, resident at No. 21 Cadogan-place, Chelsea, and the victim of his crime was a young woman, named Elizabeth Paynton, who lived as under-housemaid in the same family.

The circumstances of the case are few and simple, and may be narrated in a short compass. On Friday, the 17th of May 1839, Mr. Edgell and his family quitted the house in Cadogan-place in their carriage, for the purpose of proceeding to Foot's-cray, in Kent, leaving Marchant, the deceased, the cook, and the upper house-maid, at home. The two latter individually also went out, and thus Marchant and the girl Paynton were left alone in the house. On their return they were unable to obtain admittance; and the coachman and upper-footman having now got back from Foot's-cray, they went to the stables and procured their aid. Middleton, the coachman, scaled the garden-wall, and with some difficulty burst open the back-kitchen door, and having let in the other servants they all proceeded to examine the house. On their reaching the drawing-room, they saw the deceased lying on the floor, and it was at first supposed that she and Marchant were lying there together. This idea, however, was immediately dispelled by the discovery of a pool of blood near the head of the unfortunate young woman, whose throat was observed to be dreadfully cut. A razor lay by her side, which was evidently the weapon with which she had been killed; and it being ascertained that Marchant had absconded, suspicion at once attached to him. Surgical assistance was at once called in, but in vain. The carotid artery and jugular vein had been severed by a most determined cut; and the wretched young woman must have been dead some hours. Upon an examination of the body it became evident that the deceased had struggled hard before the murderer was able to effect his object, as her hands were found to be much cut; but there were no appearances to justify the supposition which was entertained, that there had been any criminal assault committed upon her person.

On the Sunday after the murder, Marchant surrendered himself into the custody of a police-officer at Hounslow, to whom he at once confessed the murder, without, however, assigning any reason for its commission. He appeared to be terrified at what he had done; and as he walked into town frequently looked behind him, declaring that he fancied he heard the murdered woman at his back.

On Friday, the 21st of June, the prisoner pleaded "guilty" to the indictment for the murder which had been found against him at the Central Criminal Court, and sentence of death was immediately passed upon him. He appeared to be in a lamentable state of weakness and misery, and to be deeply penitent for his crime. He subsequently entered freely into conversation upon the subject of the murder, and confessed the circumstances attending its commission. He stated that he had found the deceased in the drawing-room of his master's house, and had made overtures to her of an improper character, which she had indignantly repulsed. He strove to force the unhappy girl to a compliance with his wishes, but she resisted with her utmost strength; and then drawing the razor from his pocket, which he had taken from the upper-footman's pantry on his way from the kitchen, in a moment of ungovernable passion he cut her throat in three places, with the greatest determination, amidst her cries for mercy and of "murder."

On Monday the 8th of July the wretched culprit was executed. He met his death with much firmness, and was apparently sincerely penitent. He was attended to the scaffold by the Rev. Mr. Carver, the ordinary of the jail, newly appointed in the room of Dr. Cotton, who had so long held that post, but had recently resigned.

The unhappy youth Marchant, at the time of his execution had only reached the age of eighteen years. He was the son of decent parents, and had been remarkable during the early part of his life, the greater portion of which he had spent in service, for his extreme humanity and gentleness of disposition. The victim of his crime was twenty years old at the time of her death. She was a young woman of prepossessing appearance and of sprightly disposition, and she had often laughed at her fellow-servant and eventual murderer, for a supposed affection which he professed for her. Up to the moment of their being last seen together, however, they were upon the best terms. The dreadful crime of Marchant could only be attributed to the cause which was assigned for it by its perpetrator.

LEWIN CASPAR, ELLIS CASPAR, EMANUEL MOSES, AND ALICE ABRAHAMS.

CONVICTED OF FELONY.

The extraordinary robbery to which these persons were parties, involved circumstances probably more singular than any other which ever came before a court of justice. The affair has generally been known by the name of the "Gold-dust Robbery;" the produce of the plunder being gold-dust of the value of upwards of 4000_l._; and the facts which attended the investigation of the circumstances most forcibly illustrated the adage, that "When rogues fall out honest men get their own." As will be observed from the names of the culprits, the persons who were convicted were of the Jewish persuasion; and truly, the proverbial cunning and habits of cheating of these people were most singularly exemplified throughout the whole course of the inquiry.

On Monday afternoon the 25th of March 1839, the robbery was effected. It appears that two boxes of gold-dust, from the mines of the Brazilian Mining Company in South America, had reached England on the 18th of the month, and had been landed at Falmouth from H.M.S. Sea-gull, from whence they were to be forwarded to London, consigned to Messrs. Marsh and Co., the agents of the Company. At Falmouth they were put on board the City of Limerick steam-ship, and on Monday morning, the 25th of March, they were landed at the wharf of the Dublin Steam-packet Company at St. Katherine's. On the same morning a letter was received by Messrs. Hartley and Co., the agents of the Dublin Steam Navigation Company, in John-street, Crutchedfriars, to whom the City of Limerick steamer belonged, purporting to be from Messrs. Carne and Co., of Falmouth, apprising them of the transmission of the gold-dust, and instructing them to hand it over to a person who should call at their office, and produce certain documents. This letter was opened by Lewin Caspar, a clerk in the establishment; and on the same afternoon a person drove up to the counting-house, and presenting certain papers desired that the boxes of precious metal should be delivered to him. From his manner no suspicion was raised, and the credentials which he produced, giving a description of the boxes and the marks upon them, tended to remove all doubt as to the authenticity of the character which he had assumed. His right to the boxes, therefore, being apparently established, he paid the wharfage dues, and the trunks with their golden contents were placed in the cab in which he had arrived. He gave the foreman of the wharf a shilling for his civility, and then drove away without the smallest suspicion being excited that he was not fully entitled to the goods which he had claimed.

In a few hours, however, an authorised agent of Messrs. Marsh, the consignees, arrived at the counting-house, and making known his character, and demanding the gold-dust upon the authority of vouchers which he produced, the fraud was discovered. The contents of the boxes were valued at 4600_l._, and as this loss would fall upon the Dublin Steam-packet Co., the consternation which was created among their servants at this event may be well imagined. Instant steps were taken to secure the individual by whom the robbery had been so ingeniously effected, and Lea, and Roe, police-officers, were engaged to pursue the necessary investigation. In the course of the same day the cab which had conveyed the thief to Messrs. Hartley's wharf was discovered, and the driver questioned, but the only information which he could afford was, that the individual who had employed him had hired him in Cheapside, and he had driven him back to Wood-street, where he had quitted his vehicle and had entered another cab, which proceeded in a direction towards Holborn. A clue so vague was not easily to be followed; but the officers pursued their investigation with unabated vigour and determination, and at length after infinite difficulty they traced the thief to No. 12 New-street, London Hospital; from whence, however, they found he had now removed to a house in Mansell-street, Goodman's-fields, with all his furniture, but from which again he had absconded no one knew whither. From the inquiries made by the officers they ascertained that the name of this person was Moss; and that he was foreman to Mr. Hyams, a watchmaker in Goodman's-fields; that before the robbery, as well as on the day of its commission, he had been observed to be in frequent and earnest conversation with Ellis Caspar, whose son, Lewin Caspar, as we have already stated, held the situation of confidential clerk to Messrs. Hartley and Co. No time was lost in taking these persons into custody, and then it was elicited from the servant of Moss, that both those individuals had occasionally visited her master;--that on the day of the robbery, Moss, contrary to custom, went out in his best clothes, and that in the evening he came home in a cab with two boxes corresponding in appearance with those which had contained the gold-dust, and the half-burned fragments of which she subsequently saw under the grate of the sitting-room. Some mysterious whisperings after this took place between Moss, and his wife, and her sister; and on the next morning they quitted New-street for Mansell-street. The description which was given of Moss exactly corresponded with that of the thief; and the exertions of the officers were now applied to secure his apprehension.

In the course of the inquiries which were now made, the circumstance of the purchase of a large quantity of bar gold by Messrs. Bull and Co., bullion-dealers in Cheapside, from Mr. Henry Solomons, a gold refiner at No. 58, Strand, was elicited, and Messrs. Bull and Co. instantly afforded every assistance to the police. On Saturday, the 6th of April, Mr. Solomons was examined at Lambeth-street police-office, when he admitted having sold 1200_l._ worth of bar-gold to Messrs. Bull; but he stated, that that gold was the produce of a large quantity of snuff-boxes and other articles which he had melted, the precise nature of which he could not describe; that he had received the 1200_l._ and had paid a great portion of it away; but finally, he protested against being further questioned, and refused to give any more information upon the subject.

At a subsequent examination Mr. Solomons was placed at the bar with the two Caspars as a principal in the robbery; and then Moss, who upon an understanding that he should be admitted in evidence against the prisoners, had surrendered himself into custody, appeared as a witness. The effect produced upon the prisoners, by his presenting himself in this capacity, was remarkable; and it was observed that Solomons, no longer confident, appeared to be applying himself to devise means to be placed in the position of his late coadjutor. The evidence of Moss explained the whole transaction, and showed the extraordinary workings of the system of villany which was carried on. For the present his statement was not published, as there were yet other persons to be secured; but it was understood that it amounted to a complete revelation of the whole of the circumstances attending the robbery.

On Tuesday May the 7th, two new prisoners were placed at the bar, named Emanuel Moses, or "Money Moses," as he was familiarly called, and Alice Abrahams, his daughter, who was a widow; but as there were still other parties not in custody, who had been participators in the transaction, it was deemed advisable that secrecy should still be observed upon the subject of the evidence which had been obtained. From other witnesses, however, the fact of the sale of a large quantity of gold-dust by Moses and his daughter to Solomons directly after the robbery was elicited; and it was also shown that the latter in melting it down, had thrown copper and silver into it, in order to change its exact character, and thereby prevent its identification.

On Saturday, May the 25th, another examination took place of the prisoners, when Solomons was also admitted in evidence; and at length, on Friday the 21st of June, the prisoners, Lewin and Ellis Caspar, Money Moses, and Alice Abrahams, were committed for trial.

On Monday, June the 24th, the trial commenced at the Central Criminal Court, before Mr. Justice Littledale, but it occupied a period of no less than eight days, only terminating on Tuesday the 2nd of July.

The prisoners were indicted together with one Isaac Isaacs, _alias_ Davis, not in custody. The indictment alleged the robbery to have been committed by some evil-disposed person, and then stated that before the said felony was committed, the prisoners, Lewin and Ellis Caspar, did feloniously incite and encourage the said evil-disposed person to commit the felony; it then alleged that Ellis Caspar, Emanuel Moses, and Alice Abrahams, had received the stolen property, well knowing it to have been stolen.

Mr. Clarkson stated the facts of the case to the jury, and then proceeded to the examination of the witnesses.

The arrival of the gold-dust at Falmouth by the Seagull was proved, as well as its subsequent transmission to London by the City of Limerick, and its arrival at St. Katherine's on the morning of the 25th of March. It was then shown that on the 23rd of March, Messrs. Carne and Co. of Falmouth, despatched a letter to Messrs. Hartley, informing them of the valuable commodities which would be delivered to their keeping; and it was also proved, that on the arrival of the City of Limerick in London, the boxes were delivered into the custody of the younger Caspar, the clerk at the wharf, who promised to take care of them. It was shown that young Caspar exhibited great anxiety about the boxes, and that on the messenger coming for them, he at once delivered them over to him, although he had previously expressed some fears lest the papers which he brought should not be genuine documents. Caspar on that morning had gone unusually early to his office; and upon the letter arriving from Messrs. Carne, he opened it, and subsequently went out. He came back, however, before any application was made for the gold-dust, and remained until it was handed over to the messenger who went to fetch it. When the robbery was discovered, he affected great consternation and alacrity, and proceeded at once to give a description of the person by whom the boxes had been obtained; but he so falsified the account which he delivered, that but for the fact of his having been seen and observed by other servants in the warehouse, who correctly described his person, all clue to his identity must have been lost.