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Sherrard, 28, George street, chelsea I hope you will be so kind as to see Us buried. You know what a villain that woman has been to me. Search our boxes and you will find money enough to bury us. Do this and I will be thankful. I am a widow, and live at Longden, my brother in —her marriage to sullivan, was about —she was 54 years of age—she was a lady's nurse—the prisoner is a pensioner discharged from the Army—I know that for a time the prisoner and his wife lived apart—he was part of that time in colney Hatch, he first ceased to live with her when he went there—he returned to her when he came out, and they lived together and afterwards he had six months imprisonment for ill-using her—that was on 1st of 2nd November—after he came out they did out live together for some time, but I afterwards brought them together again—they went to live together, just before 7th October, and they had not been together quite three weeks before her death—the last place she had lived at was Wandsworth Road—she had furniture of her own, and some pictures and mirrors—In ever went into their room at 46, Rawlings Street, till after this occured, I did then and saw the furniture and things there, and knew that they were hear.
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I have had a great deal of practice in case of instanity; I have to give evidence constantly about it, and see a great many cases—I know that he attempted to commit sucide, and that he has been in Colney Hatch for three months—I have frequently known cases where a man has been in a Lunatic Asylum, and has left cured, and the mania has broken out again—in a man who has suffered from sunstroke in India and after wards become insane, and who has been confined the fit of instantly would no doubt be likely to recur again.
The prisoner never told me that he had suffered from sun stroke, but he told me during his short imprisonment in the House of Detention, that he ought to be in coleny Hatch and not in prison—I noticed his manner and demeanour but found no trace whatever of instanity. I have been surgeon to Her Majesty's goal of Newgate, more than twenty one years and have had large experience in cases of instanity—I first saw the prisoner on 9th November, and daily since then up to yesterday, and during that time I saw nothing to lead me to the belief that he was anything but a man of sound mind and understands ing; I have discovered nothing to the contrary.
I agree with Mr. Smiles in his answers to the questions You put to him—in a man who has suffered from sunstroke and who has been insane, madness may very likely be brought on again in my opinion by drinking and excitement it would be very likely to bring it on—during the months he was in prison, the quiet of the prison and the absence from stimulants would have a salutory effect upon the state of his mind.
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If a man was insane from drink, drink would bring it on again—he did not complain to me of sunstroke—I have talked to him about it but he was not aware of having had it. S I Live at brompton, and for almost twenty years have devoted my time entirely to cases of instanly—I have acted for many years past as medical and certified officer for the removal of paper lanatics—in may,,—I examined the prisoner he was then in a very melancholy desponding state; a state of wild despair he came into the Mount Street.
Simes, the medical officer of the workhouse and myself—I have looked at the book, which is the duplicate certificate; Dr. Simes is medical officer of the workhouse, and I may mention that the order admitted the prisoner to the workhouse—he came in with a certificate, signed by Dr. Webb, one of the outdoor medical officers;—I heard that he had suffered from sunstroke in India; I won't be certain, but I think that he told me so himself—the madness that he was suffering from was such as he would be likely to recover from, but he had been addicted to intemperate habits, and supposing he had become intemperate again and was labouring under great excitement, the madness would be very likely to occur again—it constantly happens that a patient is discharged from a lunatic asylum as sane and yet subsequently madness occurs from drink and excitement.
I do not practice generally—to the, best of my knowledge the prisoner was in the workhouse three or four days—I do not know whether he had been a pensioner at Chelsea Hospital—I always look at the order. When I answered your question just now I had the prisoner's antecedents in my mind and what I knew of him. He was in a depressed state in May, , and very melancholy—he had a self-inflicted wound on his arm and was suicidal—those things and the sunstroke led me to the conclusion that he was unfit to be at large—I do not distinctly recollect where I got the information from about the sunstroke, but I understood that he had had it in India—I saw him almost every day and conversed with him—at times he was wandering and incoherent, and at other times, he was rational—the self-inflicted.
I live at 1, Westbourne. Street—on 8th May, , I attended the prisoner—he was very desponding, and had a tendency to commit suicide—he was suffering from disease of the brain, and in my judgment he was unfit to be at large, and I directed them to get the parish surgeon to see him and send him off to the work-house, and I believe Mr. I did nor form the opinion that it was Delirium tremens, his tongue was clean—I enquired into the came of it, and Had, a conversation with his wife—I formed the opinion that it was partially Caused by excessive drinking, but not wholly—I am informed by the wife That he had sun stroke—I did not learn that he continued in the Army After that for his full term—it was a case of insanity from which, in my Judgement he might recover for a time hut I should not say that he Would be safe—he would most decidedly be a dangerous man if he got Drunk—I only saw him on that one occasion—i have not seen him on this Case to see his present state.
His wife told me that he had gone on in a very exraordinary manner, called her very bad names, and said she was a very Bad woman, and that she thought he was mad. The Jury after having consulted for an hour, sent a letter to MR.
BARON HAWKINS , who sent for them and said, "Gentlemen, I have had a communication from you and I understand your question, to be this that having no evidence of the actual state of mind of the prisoner at the time he committed the act, you wish to know whether you may entertain a presumption of insanity: it is my duty to tell you that, the law presumes that every man is responsible for his action, and if you have no evidence at all as to the state of mind of the prisoner at the time he caused this catastrophe, you are bound to say he is guilty, if you believe that he caused the act of death.
A man who wants to shift from himself the responsibility he incurs by causing the death of another, is bound by affirmative evidence to satisfy the Jury that, at the time he committed the acct, he did not know the character of the act he was doing, and did not lnow he was doing a wrong act; it is for him to prove it, and if he fails to prove it to your satisfaction, you have no alsernative but to find him guilty of the offence, that is the law on the subject.
Metcalfe offered no evidence, the Grand Jury having ignored the Bill. Ribton offered no evidence. I know the prisioner and am acqutained with his writing—these letters produced are in his writing without doubt. This inquired the price of magic lanterns, and the terms for hiring slides, and was signed William Clarke master of the British School at ware and honorary secretary to the managers I replied to that letter and on 16th september I received this letter from the prisioner This oredered a pair of lanterns and other articles and two coureses of slides for hire I replied, and I then received a further letter from the prisioner dated 19th september, and also a further one dated 25th September—the first parcel of goods was sent off to the prisoner on 22nd September, a second lot on the best of my recollection the lanterns and screen forming part of the present charge, and the third lot a screw frame and slides, not included in the indictment—the goods were sent under the belief that they were ordered with thier uasual business transactions—the value of the goods in the indictment is about 12 l.
Some of the goods are now in our possession, and the others are in the hands of the police; none are missing—when I went down to ware, I did not ascertained where the prisioner had gone, or the reason he had left—a portion of the goods we has sent were found at the railway station "To be left till called for"—I came up to town and obtained the assistance of an officer, and I ultimately ascertained that the prisoner had gone to Bury.
Edmund's, and opened another school—we applied at the mansion House, for a warrant for his apprehension, and obtained one before I heard where he was—no steps were taken Withdraw the warrant. I did not ask for the money from him because I did not know where he was until he was arrested.
By THE COURT If we had known that he was only the manager of the school we most assured should not have sent the things ordered on the faith of those letters—if we received an application from a schoolmaster we should firt make enquiries as to his ability to pay and whether he was a straightforward person. JOSEPH CHUCK re-examined I am a malster at ware, and am one of the trustees of the British School there—I first became acquainted with the prisoner about a year and half ago—he replied to an advertisement and as he produced some very satisfactory testimonial, as we considered the school was let to him as a private school—we had nothing whatever to do with the carrying on of the school—the British School broke down some time before the committee ceased to exist altogether in and we determined to let the school as a private speculation—I have heard the letters read to day—the prisoner's statement that he was secretary to the managers is quite untrue—the trustees did not give him the slightest authority to get lanterns or anything else—he left ware about a month age suddenly, without giving any notice—it may be two months ago—I really do not know when he left—he simply shut up the place and left.
I and others had the lefting of the school—we did not enquire into his character before letting it unfortunately—he presented certain certificates to us—the school had previously been in the hands of a committee. Edmunds—I was about to read the warrant to him when he said" That will do, I don't was to hear it; it is quite right"—I told him he would have to come back to London with me, and that he was charged with obtianing goods under false pretences—at that time I did not know there were any other charges against him—he said"If they had given me more time I should have sent them back"—I asked him where the things were, and he said "I don't see why I should tell you if you are going to take me and look me up—he afterwards told me where they were, and I went to his loadings and found a portion of them there, and others left at the railway station till called for—he told me they were there—the articles relating to the scholastic Trading Company were detained there with the others—a number of book slates, pencils, penholders, and different kinds of scholastic books corresponding with the list produced—through that list I made enquiries when I got home.
Thompson's goods have been sold—Mr. Wood's were all found. I sincerely trust that the business will be advantageous to both parties. The goods were sent within a reasonable time—I sent in the account" To goods "at the end of the quarter, which would be about 29th September or immediately after in the ordinary course of business—I found out that he had left Ware when the detective officer waited upon me in consequence of Mr.
Wood's charge—I gave the detective information and a warrant to stop the goods. Re-examined , Part of the goods have been sold—a portion are in the hands of the police—I have not personally compared the goods in the hands of the police with those sent; one of my assistants has—he is not here—. I am a seller and lender of magic lanterns and slides, and other articles, at 8, Queen Victoria Street—I received a letter dated 16th October, , ordering a lantern and slides for hire, in the name of the Committee of the British School, Ware, and letters on the 18th, 20th, and 26th October.
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He did not call on me, nor did any of the committee—I sent the goods to the British School, Ware—I believed I was trusting the manager on behalf of the committee of the school, otherwise, I should not have sent them—I never send goods to a man managing a school on his own account. I found out that the prisoner had left Ware by the return of this post card, marked "Left no address," it is dated "November 1st, Ware. Lilley the Defence. I am a sailor—on the night of 16th November, I met the prisoner in St.
George's Street, I gave her something to drink and went home with her—I gave her is. I am an Italian, I met the prisoner at 9 o'clock—we went to two public houses—I don't know the name's of spirits—there was some kind of red liquor had—I paid altogether 9 d. I did not know there was any charge against her—I heard some one say about 10 o'clock, "you robbed that man," I stopped her and seeing she had 9 s. I had never seen the woman before—I saw the prisoner coming out of the house and I spoke to her and told her she had better go back with me—she stood out at first, and I told her I should take her back—she did not appear intoxicated—I took her upstairs—the Italian was standing up, putting his coat on in the room—he did not speak English.
The prisoner did not say that he had given her 5 s. I persist in saying I sew no sighs of drunkeness about her—I took her to the station, about a third of a mile off. The prisoners statement before a Magistrate: The prosecutor said he would give me 9 s. She was further charged with a previous conviction in July , , to which she.
I am the wife of Charles Masters, of Hertford House, Acton—on 12th October on going to rest I saw the house properly secure—the kitchen window was fastened—I went to bed at 9. This tobacco pouch produced is not mine—the things produced have my marks upon them—they are not' all marked with my name—some I had given me—they are all plated except the teaspoons, and saltspoon, and one fork, which are silver—there are only five tea spoons here, there ought to be six—the goods I lost I value at 10 l.