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the scabbard and was about ten minutes cleaning and wiping it.

Edmund Leach was struck over the head with a bayonet by another soldier, while he stood by Philbin. He had said nothing to the soldier before; when struck he asked why he had done that. The soldier said, "By the holy Jesus I'll seize your heart with it." Witness afterwards pointed out the soldier who had struck him to his father. His father seized him by the collar. The soldier, that was the prisoner, got loose and ran off. Witness's brother called out, 66 Stop thief." A number of them pursued the prisoner with that cry to his lodgings. He got in, but they could not get in.

fore them. One of them turned back and cried, "Hurrah, Pat, how does the bull go? Did you come from Scotland to kill us ?" Upon that, five or six of them turned back and began to kick witness and his party. Witness went off, and did not know how he lost Corrigan. He met a man of the name of Leach at the church. They had no arms at the Three Tuns. Witness went home after they had been beaten, and found Corrigan had not then got home. He took his bayonet and went out again, when he met Leach. Corrigan came up soon afterwards and struck Leach a blow over the eye with his bayonet. Two or three then came up to witness and asked his bayonet. Witness soon saw a man in his shirt running after Corrigan with his stick in his hand. Corrigan was running off. He had run off as soon as he had struck Leach. Witness saw no more of Corrigan till he saw him in his lodgings. He was knocked down and his bayonet was taken from him. Upon going home, he found about 20 men at the door; they were saying, "Here is where the mur derer went in, and we'll not leave till we have him out." The watch and guard came up, and took up one of the men. Witness was then let into his lodg-"The next street is Toad-lane, ings. He found Corrigan there, who asked him where his bayonet was, and added, "What made you give up your bayonet? Why did you not stick them as fast as they came across you; for I have put four inches of the bayonet into one of them." Next morning Corrigan took his bayonet out of

Robert Stott saw a soldier running through Blackwater-street, at half-past 12, and a number after him calling "Stop thief." He made a clich at him, but fell, and the soldier fell over him. The soldier got up and went off. He drew his bayonet and swore if any man went near him he would run him through. He then got into his quarters.

Elizabeth Hoyle, wife of John Hoyle, saw a soldier going along Cheetham-street, between 12 and one. She saw him meet a man, who said in reply to something,

and the next is Blackwater-street.' The soldier went forward, and the man came on and passed witness, When he had got twenty yards past her, the soldier came running back; she did not know if it was the same soldier; he overtook the man and struck him. The man fell to the ground. She did not

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see any weapon, but by the sound of the blow she thought he had a weapon. The man offered to get up, and the soldier struck him again, she believed, two or three times. She saw the man get on his feet and go away. Another soldier came to the soldier that had struck, and that took her attention from the man. They stopt a little and talked, and then came back both together towards Toad-lane. Soon after, she heard a cry of "Stop thief." It might be five minutes afterwards. At the same time, she saw a soldier running, and two men and a woman after him.

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John Holt saw the prisoner next day opposite the Reed-inn meet another soldier. The other soldier asked how he was. The prisoner said, "I am in trouble for sticking a man last night; but if I had to do it again I would do it. Last night I was rounded with half a score of young men. They shoved me and called me an Irish scoundrel, and I was determined that some one among them should feel the contents of my bayonet. If any man in Rochdale gives me the least offence I'll stick him to the heart."

By the Court. He was examined before the grand jury. Mr. Baron Wood.-It is very

odd.

Examination by the Court resumed. He was not examined before the coroner. He mentioned this that very day to several to James Bamford and to John Sutliff. Some one mentioned it to Wrigby, the constable, who fetched him to give evi

dence; he was about a yard from the prisoner: about half a dozen came up to witness at that time.

The prisoner in his defence, said, that as he was going home he met nine or ten men, who said, "You Irish rascal, do you come here from Scotland to keep us down?" One of them spoke up, "Go the rig" one of them knocked him down, kicked him and trampled upon him. He called out" Mercy!" One came up and said, "Don't kill the soldier:" he got off, but they got hold of him and treated him in

the same way. They followed him to his quarters, and threatened never to leave the house till they should have his life: there was not a word of truth in what that man said; he had been a long time in the army and had been in six engagements, and could never do the like.—(After a long pause) I am quite innocent, my ford, of this business laid to my charge.

Brien recalled, said the prisoner came in the second time about 1 o'clock and never was out after that.

Groggen, in cross-examination, said that Corrigan had asked of a friend, who had seen the bayonet, if there was any blood upon it. This was when Corrigan was apprehended and his bayonet was ordered to be brought.

Mr. Baron Wood, in course of his summing up, remarked that it was very extraordinary that the grand jury had thrown out the bill. They were not to consider this as conclusive proof in favour of the prisoner. Upon the evi

dence,

dence, the grand jury might have at least put the question in course of trial. This was all he meant to say upon that point. The case was attended with much difficulty. If they were satisfied as to the identity, the next question was, whether it had been murder or manslaughter. The prisoner had been exceedingly ill-used, and if he ran for his bayonet and killed the man, supposing him to have been one of those who used him ill, in the heat of passion, and without time to cool or reflect, he was guilty of manslaughter. If he had time to reflect and cool, and if he deliberately killed the deceased, he was guilty of murder.-Guilty of Manslaughter.

OLD BAILEY.

SATURDAY, SEPT. 18. Stabbing. Henry Stent was put to the bar, and the court was almost immediately crowded with females. A London jury having been called, the prisoner was arraigned upon an indictment, charging him in the usual form with having inflicted divers wounds upon the person of his wife Maria, on the 5th of August last, with intent to kill and murder her, or to do her some grievous bodily harm. He pleaded Not Guilty. The jury was then sworn. There was no counsel for the prosecution, and Mr. Justice Best called Maria Stent the wife of the prisoner, who stood up in the witness-box, and was sworn. She was plainly dressed in a coloured bombasin gown, and wore a large Leghorn hat which tended much to con

ceal her features: she seemed to be greatly agitated.

Mr. Alley, one of the counsel for the prisoner, instantly rose and addressed the Court. He said he was not aware that this witness would have been called so early in the proceedings; but being in the box, before she was examined he felt it his duty to submit, that as against her husband her evidence was not admissible. He had searched the books with great diligence for cases in which wives had been admitted as witnesses against their husbands; but found none except that of lord Audley, the circumstances of which were very peculiar and even the authority of that case he had heard questioned. He recollected one case in which the question would have arisen, but the bill was ignored. Nevertheless, the opinion of Justice Buller was, on that occasion, against the propriety of the testimony of the wife being received. He knew of no instance, except in the case of a rape, where the testimony of the wife was received against her husband.

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Mr. Baron Graham, as was collected, for he spoke in a very tone, said, that there were many

cases in which the wife was considered a fit witness against her husband, particularly in one where she was in a state of danger from injury which she had received from him. In such a case, where the wife had died, her deposition was subsequently received against her husband as evidence of the fact.

Mr. Alley said, that the principle upon which the evidence of

a wife against her husband was rejected was, that if it were admissible it would tend to excite disagreements in the marriage state. Where a woman spoke "in periculo mortis" this principle did not apply, and therefore the evidence might be received; but this was not the case in the present instance,

Mr. Adolphus addressed the court in support of Mr. Alley's objection.

Mr. Justice Best said that he had not the least doubt as to the admissibility of the wife's evidence in this case, or any other case of the same description; and this opinion was founded upon the principle that a married woman, like every other subject of the realm, was entitled to the protection of the laws, which would not be the case if the objections now taken were well-founded. There were many descriptions of personal injury to which a wife was subject, independent of that to which allusion had been made, which her evidence could alone support; and if her testimony were as a matter of course to be rejected, she would be altogether without the pale of the law. The decision in lord Audley's case was perfectly analogous to the present; and the principle upon which the evidence of lady Audley was received was precisely the principle upon which he should admit the evidence of Mrs. Stent. Whatever might be the opinion of individual judges on this question, the opinion of the House of Lords, assisted by the twelve judges of the land, was of too solemn a nature to be easily disturbed.

Mr. Baron Graham was entirely of the same opinion; and his judgment was founded not alone upon the case of lord Audley itself, but upon a long experience, in which he had repeatedly seen the principle laid down by his learned brother acted upon. The decisions in those cases might not be found in the books from the universal acquiescence which they had received.

Mr. Justice Richardson agreed with the other judges that the evidence of Mrs. Stent ought to be received. It was a general rule, with very few exceptions, that a wife was an admissible witness against her husband in cases of personal violence.

Mrs. Stent was now addressed by Mr. Justice Best, when she entreated that she might not be called on to give evidence against the best of husbands.

Mr. Justice Best.-I am extremely sorry to give you pain; but it is my duty to ask you some questions which it will be your duty to answer.

Is your name Maria Stent?Yes.

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He came to you?—Yes. What time of the day?-Between seven and eight.

As you recollect, state what passed? I have no recollection of what passed.

Did any thing happen?—Yes. What do you first recollect? -Being in bed in St. Bartholomew's-hospital.

What was the matter with you? -I was wounded.

Where were you wounded?— In the neck.

Any where else?—Yes, there were other wounds.

How long were you confined in St. Bartholomew's hospital?A fortnight.

Have you any recollection of the prisoner's coming into the room to you at the Saracen'shead?-Yes.

Who came in with him?-I do not recollect.

Were you alone in the room?
Yes.

Before you went into the room had

you any wound?—No. Afterwards the first thing you recollect was being in bed in St. Bartholomew's-hospital?-Yes.

Cross-examined by Mr. Alley.

Your feelings overpowered you

when

you saw your husband, and you have not the least recollection of what happened afterwards?—Yes.

You said you did not wish to give evidence against the prisoner, because he was one of the best of husbands?-Yes.

How long were you away from him?-About 12 months.

(Here the witness sat down, and seemed extremely anxious to hide herself from public observation.)

George King, a waiter at the Saracen's-head, Snow-hill, looked at the last witness: he recollected her coming to the Saracen's-head on the 5th of August; recollected her writing a letter, which was sent by a porter to the twopenny post-office; the woman afterwards remained in the house. The prisoner came to the Saracen's-head in the evening; he inquired for a young woman that had arrived by the Liverpool coach, and he was introduced to the last witness. She got up to meet him and witness shut the door. In 10 minutes witness heard the shriek of a woman, and immediately went to the room in which he had left the prisoner and the woman. On arriving he

found his two fellow-servants in the room : the woman was on her back; the prisoner was standing close by her; a knife was lying on the floor; it was bloody. Witness discovered that the woman was wounded, and went for an officer. The woman said she

hoped no harm would happen to the prisoner for what he had done, for she had been a base wife and

he was one of the best of husbands.

Thomas

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