28. MURDER. Norwich. George Baldry, aged 27, was indicted for the wilful murder of Caroline Warns, at Thurlton, by inflicting divers mortal blows on her head and face with a hammer, on the 8th of August, under the influence of which blows she languished until the 24th of the same month, and then died.

Samuel Warns: I am a labourer, and live at Thurlton. The prisoner is a labourer, and has lived in my house thirteen years. On the 8th of August last he slept in my house. My wife, my son Daniel, and my daughter Caroline slept also there. Daniel is fifteen; he has not his right reason. Caroline was thirteen. There are three bedrooms. George Baldry would go through mine to get down stairs. I went down at five. Baldry was in his room then. I took Caroline out of her bed and put her into mine, because she had the ague. I gave her the cat to play with. Baldry came down soon after me, and laced his high-lows in the washhouse. He had a light waistcoat on, with sleeves. There was a hammer hanging on a nail in the washhouse that morning, when I went out to work, at 20 minutes before 6. I left Baldry in the house. After I returned, at half-past 7, I saw the hammer where I had left it, but it was covered with blood and hair. I took it up-stairs. Caroline was in her aunt Ives's house when I came home. She lives next door. Caroline was all covered with blood from head to foot. I carried her back to the same bed in which I had left her. The bed I found covered with blood. The back door of the house was marked with blood from a child's hands. The prisoner was not there then.

This is the hammer, and this is the prisoner's waistcoat. I have known Baldry for 20 years. He lives by working for the farmers and going to sea. He is of sound mind. I never saw anything to the contrary.

The prisoner, when asked whether he wished to put any questions to this witness, said "No."

66

Charlotte Ives: I am aunt to the deceased. On the morning of the 8th of August I heard her voice crying in her house. She cried, "Aunt, aunt: pray, pray come." I came down as quick as I could, and went to the front door, which was fastened. As I was going round I heard the front door unfastened, and I went back. I went into the kitchen, and found Baldry standing holding Caroline by the hand. Caroline was covered with blood from head to foot. A man named Minister followed me in. I said, "Dear, what's the matter?" She said, "Baldry has done it-Baldry has done it with a hammer." I did not hear him say anything. When she said that, I took Caroline upon my arm, and carried her into my house. Baldry followed me into my house. Caroline said again, "Baldry has done it." I do not know that he said anything upon that. I observed his dress-he had a lightish waistcoat on, with blood on each side. I went with Caroline the same day to Norwich Hospital. I was there again on the 26th. She was dead. I saw her body. I have known Baldry several years. I never saw anything in his manner or conduct to lead me to think he was of unsound mind.

Thomas Minister corroborated the evidence of the last witness, adding that he had known the

prisoner as long as he (the prisoner) had known himself. That he never noticed any indication of an unsound mind in him, any more than that he was what was called in those parts a "wooden country

man."

Samuel Rudram: I was present on the 8th of August, and saw Baldry after Caroline was taken to her aunt's. He was lacing up his high-lows in the washhouse. I asked him what he did it for, and he said, "I do not know." He then went away. His mind is not different from that of other people's. He said at one time, "I have not hurt her much—wash the blood off."

Mr. James Copeman, the clerk of the magistrates, proved a statement made by the poor child when dying:

66

When George Baldry came up to my bed he asked me when I was going to get up? I said Not yet. I had then a cat in bed. I was afraid he was about to get the cat, and I covered it up. He then struck me a blow on the side of the head, and another on the front. I put up my hand to save the blow, and he struck my thumb. He struck me five or six blows on the head. After he struck me one blow I looked to see what he struck me with, but the blows came so quick I could not see. He sat on the bedside after he had finished striking me. I felt the blood run down my arm, and then I got out of bed, and he took me in his arms and down stairs into the kitchen, and set me down on the bricks. I got up of my own accord, and went into the washhouse, and undid the door by drawing two pegs out. I went into the back yard, and called to my aunt. I first saw

6

a hammer in Baldry's hand in the washhouse, while he was hanging it up by a string on a nail. Before he walked away he said, O dear, what is the matter?' I had never quarrelled with him. I liked him very well. He sometimes run me about. My mother told me not to let him play with me. I once told my mother he did so. I do not know whether he knew that I told her. The back and front door were both fastened up when I went down stairs. Neither my father nor my mother were in the house. . This statement is all true, and I make it with the feeling that I shall not recover.

"The mark of X

"CAROLINE WARNS." Mr. Firth, a surgeon, stated that he had seen the prisoner, and conversed with him. The result was that he considered the prisoner of feeble intellect. At the same time he did not consider him incapable of distinguishing between right and wrong. The prisoner would know the distinction, but would not appreciate the degrees of right and wrong so well as other people.

By the Judge: There was no delusion, but only a feeble intellect.

66

The prisoner, when called on for his defence, seemed to be at first unable to speak, but, after a brief interval, he said: My head is so bad I cannot recollect anything. I have only to say that I should ask the jury what reason they would say I should be supposed to have for doing this job?"

Mr. Justice Erle then summed up the evidence to the jury, and in doing so expressed it as his opinion that the doctrine ought not to be allowed to prevail, that

when men who have always conducted themselves as ordinary men, and of sane mind, commit any grievous offence of a sudden, the mere commission of that offence should be taken to be indicative of such an unsoundness of mind as to exempt them from legal responsibility for that act. He would direct the jury, as clear law, that if a man was capable of knowing right from wrong, and was capable of being swayed by those motives which actuate ordinary men--that is to say, fear and hope-the fear of consequences and the hope of escape from punishment, such a man was responsible for his acts. Applying that sound principle to this case, the jury would say whether the deceased came to her death through the wilful and unprovoked violence of the prisoner in the first place, and in the next, whether they thought he was in a state of mind to be made responsible?

The jury, after a brief deliberation, found the prisoner "Guilty," and he was sentenced to be hanged. 31. MURDER AT WARRINGTON. -Liverpool.-Patrick Lyons, 21, and Bridget Lyons, 40, were indicted for having at Warrington, on the 4th of February last, wilfully murdered Margaret Fahy.

Mr. Monk, in stating the case, said he must, in the first place, draw the attention of the jury to the law of evidence, as it affected the two prisoners at the bar. The law was this; should they be satisfied that either of the prisoners struck the deceased the blows which caused her death, and that at the same time the other prisoner was present, consenting to that violence, both would be responsible for the act. The facts of the case were these. The deceased, Margaret

Fahy, at the time the alleged murder was committed, resided with the prisoners in the town of Warrington, where the prisoners kept a lodging-house in Bank Street. The deceased had not resided with them long-not more than a week. During that time a woman named Collins, and a man named Thomas Nucombe, were also lodging with the prisoners. These people were the inmates of the house up to the night of the murder. On this night, the 3rd of February, Nucombe had gone out to a dance, and on his returning home about 10 o'clock, he found himself locked out. This was an unusually early hour for the door to be locked, and he was much surprised at it. Collins, who would be called as a witness, early on the morning of the murder heard the prisoners calling out to the deceased that it was time for her to get up, and shortly afterwards she heard both the prisoners going down stairs talking to each other; in a few minutes after this she heard screams proceeding from a female below, having already seen the deceased go down stairs. These screams alarmed witness, and she got up in order to see what was to do. The female prisoner told her that it was a drunken man, whereon she remarked, "That cry is more like the cry of murder than the cry of a drunken man." The woman Collins then went to bed again, and shortly afterwards the female prisoner went up to Collins, and said she would lie down in bed with her for a short time. She got into bed, and remained there for some time, detaining Collins. The female prisoner had not been in bed long when the noise ceased. After considerable detention, Col

lins was allowed to leave the house, the female prisoner remarking to her that the drunken man had left, and that she could then go. Collins then came down stairs, and stepped on something wet; when she said to the prisoner, "What is this?-why, it is blood;" to which the female prisoner replied, "No, it is not blood; it is only a little water which the drunken man bas spilt." She afterwards found that it was blood. From information received by Mr. Brandwood, the sergeant of police, he proceeded to the house of a person named Reynolds, where he found the female prisoner. He told her he must search the house in Bank Street, where she and her husband had lived. The house was then locked up. Mr. Brandwood asked for the key of the house, and she said she could not let him have it, as her husband was working in the country and had it with him. Upon that Mr. Brandwood told her that he would take her into custody, and break into the house. This was done, and a search was made. searching near the coal-hole, in the lower part of the house, Mr. Brandwood's attention was tracted by the female prisoner standing close to the coal-hole. He asked her what was in the coal-hole, and she said nothing. On his going to search it she attempted to run away. Mr. Brandwood then got hold of her, searched the coal-hole, and found the dead body of the deceased, much mutilated. The male prisoner absconded and enlisted in the East India Company's Service, but was afterwards taken into custody in Charles Street, Westminster.

On

at

Peggy Collins was examined, and detailed the circumstances

alluded to in the learned counsel's address. The witness, who was an old infirm-looking person, spoke in such a disconnected manner, and evinced such nervousness, that there was difficulty in clearly making out her statements.

Thomas Nucombe deposed to his having lodged with the prisoners. On the night of the murder he was locked out. On his return, the female prisoner told witness that he must get other lodgings, but he slept in the kitchen that night. The female prisoner and Peggy Lyons, the male prisoner's sister, were also there. The female prisoner sat on a form close to the coal-hole when witness went to sleep. When he awoke next morning, she was sitting in the same place. Was in the house the night the dead body was lying there, but did not know it at the time. First knew it from the police. Prisoner's wife was up all night the night witness slept in the kitchen. There was a fire in the grate. Prisoner's wife sat on a form close to the coal-bole door.

Michael Neyland, a lodginghouse keeper in Lower Bank Street, knew the deceased. The last time he saw her alive was on the Sunday morning before her death. Peggy Collins came to witness's house on Tuesday, the 4th, and told him that something had happened at the prisoners' house. In consequence of what she told him, he looked at prisoners' house as he was going to work and found it closed. Deceased formerly lodged with witness. Letters were often left at witness's house for deceased. One came for her on Wednesday, the 5th. Witness took it to prisoners' house. Prisoner's wife was sitting on a form near the coal-hole. Witness