mingham was brought in. I had a conversation with the prisoner during the time he was smoking a pipe of tobacco. The next morning we were walking together in the yard, when the prisoner said, This is a terrible job." I said, "You left a penknife in the lodge as you came in, which appeared stained with blood." He replied, No, that is rust." I then said, "The girl was not murdered with it?" He replied, "No, she was not." I then asked him, how it was that the deceased had half-acrown in her hand? "I know that,” said he, "but, so help me God, I did not give her any money that night."-"How do you account," I asked, "for the pin being found in her cap?"-"Oh," replied the prisoner, "I shall not own it, and no one can prove that it belongs to me." I told what had passed to Mr. Kilsby, the governor. I afterwards spoke to the prisoner on the subject, and he told me he was in the habit of getting over the barrack walls at all hours of the night. I then asked him if the murder was committed with a bayonet ? No, it was not," he said; "and they are not likely to find out what it was done with." At a subsequent time, when he was asleep, he started up suddenly in the night, and exclaimed with much agitation, "By Jesus I have done it Mary." I asked him what was the matter: he replied, he was only dreaming. On Saturday night we agreed to club for a newspaper; Birmingham refused to join us. On the Sunday morning one of the prisoners said, "Why, Birmingham, here is your case in the paper," when he appeared very much agitated, and his countenance changed; when he was taken to the office for re-examination, he

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said that he hoped the saddle would be put on the right horse.

Cross-examined.-I have gone by several names. At the time I was circumcised, my name was Wolfe; I was tried in 1816, for stealing 67 yards of cloth, but was honourably acquitted. I was subsequently tried on several other occasions, and acquitted.

This was the case for the prosecution.

Mr. Baron Hullock.-Prisoner at the bar, this is the time for you to say any thing you may wish in your defence.

Prisoner (with the greatest composure).-I leave it all to my counsel.

For the prisoner the following witnesses were called.

Lieutenant Ives, of the 15th regiment of Light Horse.-The prisoner has lived with me as a servant three years; he had always borne an excellent character. On the 13th of May I sent the prisoner out about 7 o'clock; at 11 o'clock I went to a ball; when I returned I believe the prisoner was at home.

Davis, landlord of a publichouse opposite to the barracks, deposed that the prisoner was at his house on the 13th of May: he left about 9 o'clock, and returned again at 11; he went away a second time about half past 11 o'clock; he appeared quite cheerful.

John Bryant.-I am a private in the 15th regiment. I know the prisoner. On the night before the murder, I saw him about half-past 11 o'clock; he was then coming out of his master's room. He asked me if he could get a light. afterwards saw him go up stairs to his bed-room. I was on guard until one o'clock, when I was relieved. I came on guard again about five o'clock. I saw the pri

I

soner come down stairs the next morning, and go to the stables. He could not have left his room during the time I was on guard without my seeing him.

Cross-examined by Mr. Adolphus. When the prisoner came into the barracks he wore a hat with a cockade, and a jacket similar to the one he now has on. That part of the wall, which could be got over, was not within sight at the time I was on guard.

Thomas Duckworth.-I am a private in the 15th regiment stationed at Knightsbridge. I relieved the last witness on guard. My time was from one to three o'clock. I think, if the prisoner had been in the barracks, he could not have left without my knowledge.

Jonah Bradley, another private in the same regiment. Was on duty as sentinel on the 13th of May, and relieved the last witness at three o'clock. The witness said, he knew the prisoner's sleeping-room, and he might certainly have left the barracks without being perceived. He did not see him go out.

Daniel Davis, serjeant in the 15th, examined.-I remember on the 14th of May, about a quarter before six o'clock, I saw the prisoner come down stairs from his bed-room he was not at the time quite dressed; he had part of his clothes in his hand, which was his usual custom. I have known him five or six years, and always considered him a remarkably mild, good-natured man.

Several witnesses swore, that the witness Leigh was not to be believed on his oath.

The Jury, without retiring from the box, returned a verdict of Not Guilty.

OLD BAILEY, JUNE 18. (Before Mr. Baron Hullock.) James Butler, aged 20, was put upon his trial upon an indictment charging him with wilfully and maliciously setting fire to a certain building, the property of George Downing and others, at Chelsea.

Mr. George Downing stated, that he was a floor-cloth manufacturer, and was in partnership with his father and brother; the prisoner was in their employ in the year 1824, and continued their servant until September last, when he was discharged. He saw the prisoner once on Sunday, 17th ult.; he was using exceedingly bad language to one of their workmen near to the premises; the factory was safe on the Sunday morning. On the previous Saturday there had not been any fire or light in the factory, nor for a fortnight before; the premises were valuable, and not insured; some of the lower tier of windows were open; the doors were locked. He was one of the first that discovered the fire; it happened about two o'clock on Sunday afternoon; he went to the spot, and the premises appeared to be on fire in two places, about forty feet apart. There was a carpenter's shop adjoining the stables, quite detached from the factory. This building was also on fire. There were no combustible materials in the place. There was a very ferocious dog on the premises, which knew the prisoner well. After the examination of the prisoner at the police-office, the witness found a quantity of matches on the factory floor; they were partly covered with mould, but were not phosphorus matches.

Henry William Russell stated, that he was twelve years of age;

on the day Messrs. Downing's manufactory was on fire, he was walking in the King's-road, near the premises, and saw a person inside the palings: that person was the prisoner; he had not known him before; he had on a blue coat and trousers; when he saw him, he was running very fast towards the stable at the back of the manufactory; when he got to the stable he stopped, and witness went on to Smith-street, where he turned round, when he saw the prisoner get over the palings into the road, and start off very fast towards Blackman's-lane; in about ten minutes after he had gone away, the fire broke out; witness after wards gave a description of the person to an officer, before the prisoner was at the police-office; he pointed him out himself.

Cross-examined-Was at Queensquare office when he pointed him out; he was standing at the bar at the time.

Mr. George Downing. The windows that were open were seven feet from the ground, and the palings were five feet high.

Isaac Ryde, a carpenter, lived near Messrs. Downing's factory. On Sunday, the 17th of May, about a quarter past one, he saw a man leaning on the bar which excludes carriages from passing along the private road; there was another man with him, who appeared much agitated; that man was the prisoner. In about half an hour after, he saw the prisoner spring from the palings, and run away in the direction of Blackman's-lane; in twenty minutes after the fire broke out; it broke out first over the folding-doors, and afterwards in the stable.

James Jackson knew an alley running to Blackman's-lane, and

recollected the fire at Messrs. Downing's. He was in the alley about two o'clock, and saw a person running fast through the alley, with the skirts of his coat under his arm. To the best of his belief the prisoner was the person; he could not positively swear to him.

James James was eleven years of age, and lived at Mr. Sellers', the chymist, No. 9, King's-road. Remembered the fire on Sunday. On the day before, he saw two little girls in his master's shop; they came to purchase a fire-box, which was served them; he saw them leave the shop and go towards Mr. Downing's premises; he afterwards saw the same two girls at Queen-square office, and pointed them out to Mr. Downing.

Wm. Graham was groom to Mr. Downing; on the Friday before the fire he was at work, watering his master's garden, when the prisoner passed; he said as he went along, "Water away you you shall want plenty of water soon."

William Poole apprehended the prisoner at about half-past three o'clock on the day of the fire. The boy, Russell, had given a description of him to witness. On the Monday morning the boy saw him in the watch-house, but did not point him out. When he told the prisoner that he had instructions to apprehend him, he said "D—n or Dal, if I did not think so."

The prisoner, on being called upon for his defence, said, he was perfectly innocent of the charge, and had witnesses to prove it.

William Butler.-The prisoner was his brother, and had lately entered into his majesty's service. On the day before the fire he was with the prisoner at his father's house, opposite Mr. Downing's; they left

about five, and went to the Six Bells public-house, and remained there till ten o'clock at night. They then went to his brother-inlaw's, and supped there; the prisoner slept there that night. Witness saw him again at eight o'clock next morning (Sunday) with his brother-in-law. Again at ten he saw them, and all three went into the Park to hear the band; after that they went into Hyde-park, where he left his brother about twelve. At ten minutes after one o'clock he met him on Chelsea common, and dined with him and several others of the family. They did not get up from dinner till the alarm of fire was given, when the prisoner got up and ran towards the spot. The prisoner never left his company from ten minutes after one till the alarm of fire was given. Samuel Dickens, brother-in-law to the prisoner, corroborated the evidence of the above witness.

Mary Butler, wife of the first witness, William Butler, swore that the prisoner dined at her house on the Sunday. He came at ten minutes or a quarter past one, and remained till the alarm of fire was given.

Mary Butler. I am the prisoner's sister. I came here to-day from my father's house. I went there on Monday evening. I had been in the Chelsea national school up to that period. I know the shop of Mr. Sellers, the chymist. Had bought cream of tartar there for my father, but never bought a fire-box there. I was not at Mr. Sellers's shop on the Saturday, neither was my little sister. I dined at my brother William's on the Sunday of the fire. My brother James was there. He was never out of the room from the time he came until he went away.

Cross-examined by Mr. Brodrick. I am sure that neither my sister nor myself were at Mr. Sellers's on the Saturday.

The boy James was then called up, and swore that he saw the witness at Mr. Sellers's shop on the Saturday.

Mary Butler re-examined.-I am positive I was not there on that day. I never said to my schoolmistress that my brother William waited dinner for the prisoner.

Mr. Adolphus.-That is my case, my lord.

Mr. Brodrick then called

Elizabeth Perry, mistress of the Chelsea national school.-The little girl, Mary Butler, told me that they waited dinner ten minutes for the prisoner on the Sunday. The little girl Bessey said, that Mr. Sellers gave her a box on the Saturday.

Mr. Sellers, the chymist.-The boy James James is in my service. I remember two little girls coming to my shop on the Saturday. One of them asked for a phosphorus box. I had not one by me, and sent the boy James out for a couple. When he returned with them he delivered one of them to one of the little girls. She paid 6d. for it. I am not positive that the girl now present was one of the two girls who came to my shop.

The jury, after considering a few minutes, found the prisoner Guilly.

The prisoner, on being removed, exclaimed, "You have found an innocent man guilty." He was executed.

HIGH COURT OF JUSTICIARY. JULY 14.

Trial for Poisoning.

John Stewart, blacksmith, and Catherine Wright, or Stewart, were

put to the bar, charged with having, on the 15th Dec. last, on board the Toward Castle steam-boat, on the voyage from Inverary to Glasgow, administered to Robert Lamont, merchant and farmer, a quantity of laudanum, mixed up with porter or ale, in consequence of having drank which the said R. Lamont lingered in a state of utter insensibility until the morning of the 16th day of December, 1828, when he died; and also with stealing from the person of the said Robert Lamont, a black leather pocketbook, ten one-pound notes, a twopound note of the Leith bank, and seven guinea notes, some silver money, and other articles, being the property or in the lawful possession of the said Robert Lamont: As also, time and place aforesaid, with having administered to John Lamont, and Catherine M'Pate, or M'Phail, and Margaret M'Phail, a quantity of laudanum, with intent to murder or produce stupefaction in the said persons, and thereafter to steal their property; and the said persons having drank of the said poisonous mixture, were grievously injured, and seized with severe sickness and vomiting.

John Lamont.-Knew Robert Lamont, who was his second cousin, and was betwixt 50 and 55 years of age. Witness accompanied him part of the way from home to Glasgow, about twenty days before last new year's day. Robert Lamont was then in good health. He went to Glasgow to purchase goods, from Lochgilphead, on board the Toward Castle steam-boat. At the Kyles of Bute went below with the deceased. The Panels came on board at Bute, not at Lochgilphead. Katharine M'Phail and a lassie were also

there, in a small place near the steerage. Nobody was there when witness and Robert Lamont entered. Panels came in soon after; they first looked in; when deceased desired them to come in, they came. Witness went on deck, and left deceased and panels; no other person was with them; remained on deck a good while; heard bell often ring; deceased came up and said "I have fallen in with fine company; you had better come down and join them.” Found only panels-sought porter and strong ale; got ale. Robert thought it dear at 9d. per bottle, but Mrs. Stewart ordered itRobert paid it-Witness paid 4d. and Mrs. Stewart went on deck for another bottle; she came down with that bottle; witness went on deck and left them. Arrived soon after at Greenock. Robert inquired for Stewart's wife; did not see her; went down, and Mrs. Stewart soon came in. Mrs. Stewart brought in another woman (M'Phail). Only one tumbler was used among them. Whenever M'Phail tasted the ale, she said she never tasted such bad liquor. Stewart said, he would drink the whole, but his wife would not let him, and spilt the tumbler on his breast. Mrs. Stewart coaxed deceased to drink another tumbler, saying, "This is your drinkdrink some of it." Went on deck again, leaving the deceased and panels-continued on deck till the boat got to Paisley water; went down for Robert to go ashore together; found him alone and in a state of insensibility, sitting with his head between his knees, not able to move any member of his body. Suspected people had robbed deceased; felt his breast for his pocket-book, but it was not