Inspector Davis, examined by Mr. Denman.-I am an inspector of the W division of police. On the 11th of October I went to the room where the deceased was lying, with Dr. Pope and Dr. Rugg. I afterwards went into the library, and saw a great quantity of blood in different parts of the room. There was blood on the window, on the wire blind, on the floor, and also on an arm-chair. I found some articles of male clothing also on which there were stains of blood. I also found a piece of sponge on which there were some stains of blood, and also some long white hairs. The sponge appeared to have been washed out. After this I went to the prisoner's bedroom and found him in bed, and I told him I should take him into custody for killing and slaying his wife on the previous Sunday. After a short pause, he inquired where I should take him, and I replied to the Brixton Police-station. I asked him for the coat and shirt he had worn on the previous Sunday, and he asked me what I wanted them for, and then said they were in the next I found them there, and saw that there was blood upon both. After the prisoner had been taken to the police-station, and the charge was read over to him, he made no reply, but asked if he could have certain things from his house, and he wrote a list of things that he required.

room.

George Hazell, a police-sergeant, said-I was left in charge of the prisoner, and I had previously told him that he must consider himself in custody for the murder of his wife. He replied, when I said this, "I suppose so."

John Harvey, police-sergeant, said-I was at the house of the prisoner with the last witness, and I went into the bedroom and heard the last witness tell the prisoner that he must consider himself in custody for the murder of his wife. The prisoner made an observation something like "Don't be violent." Dr. Pope, the divisional surgeon to the police, said-I went to the prisoner's house on the 11th of October, and saw him, and asked him how he was. He replied, "Better than I expected to be." I have seen a box in the court, which I believe would hold the body of the deceased in the position in which it was, with a little compressing. I heard the inspector ask the prisoner where the coat was that he had worn on the previous Sunday, and he said that if it was wanted for an exhibition he objected to say where it was. I saw nothing in the appearance of the prisoner at this time to suppose that he was of unsound mind. I saw him in the evening at the police-station, and asked him if he wanted anything, and he replied that all he wanted was something to eat.

Cross-examined-I don't know what the prisoner meant by saying that he objected to the coat being made an exhibition of, but my impression was, that he did not wish it to be produced as evidence against him. The coat at this time was hanging on a peg openly in an adjoining room.

Dr. Muter, director of the South London School of Chemistry and Pharmacy, Kennington-road, proved that he examined the phial found in the prisoner's bedroom, and found that it contained prussic acid, but in a very diluted form.

Mr. Charles Turner said—I am a trunkmaker, carrying on business in the Clapham-road. The prisoner came to my shop on the 9th of October and looked at some trunks, but said they were not exactly what he wanted, and he wished to have more of a packing-case. I told him I could make him one, and he said he must have it immediately, and he said the case must be 2ft. 9in. long, 2ft. 3in. wide, and 1ft. 9in. deep. He said I was to make the case, and

it was to be finished on the following day. After I had taken the dimensions I told him it would be a very large size, and he said it must be that size. The case was made, but the prisoner told the witness not to send the case in until he required it, and he paid him for it with a 107. note.

Mr. John Pell, a chemist in the Clapham-park-road, proved that on Wednesday morning, the 11th of October, the prisoner came to his shop and said he required some prussic acid of Scheele's strength for medical purposes. Witness advised him not to have Scheele's acid, as it could not be depended upon, but he insisted upon having Scheele's acid, and witness supplied him with two drachms of Scheele's acid.

Mrs. Anne Tulley, examined by Mr. Denman-I and my husband some years ago lived with the prisoner and his wife at the Grammar School. My husband was drill instructor, and I was housekeeper. Since we left I have been in the habit of visiting Mrs. Watson, and I went to her house on Sunday, the 8th of October, at a few minutes to five. I rang the bell, and I heard a sound of tramping about in the house, and after a short time I heard Mrs. Watson's voice, but could not at first hear what she said, and I rang again, and then heard Mrs. Watson say three times, "There is somebody at the door." Nobody came till I had rung a third time, and then the door was opened by the prisoner, who said, "Oh, it is only Mrs. Tulley." I went in and saw the deceased, who came up to me and asked me how I was, and I went with her into the drawing-room. The prisoner was standing outside, and, after a short time, he came in, and Mrs. Watson then said that the servant was out, and she added, "Oh, Mrs. Tulley, I am so frightened of any one getting in over the wall at the back." The prisoner then inquired how my husband was, and how we were getting on, and I said that we were doing very well.

Mrs. Charlotte Jane Hill-I live in the London-road, and the house occupied by the prisoner belongs to me. The prisoner has occupied it for six years, at the rent of sixty guineas. On the 27th of October, 1870, I received a letter from the prisoner, in which he gave me notice that he intended to quit the house in June following, and said that he might be prepared to give up the house before the period mentioned, if I wished him to do so. He did not leave according to notice, and remained with my consent, and it was arranged that he should stop for a short time after quarter-day in the house. On Wednesday morning, the 11th of October, I received a letter from the prisoner enclosing a cheque for the rent due at Michaelmas. This letter was dated the 10th of October. I subsequently gave a receipt for the rent. I heard of the melancholy affair on the day after I received the letter containing the cheque.

Cross-examined-The last letter was written on a slip of paper, very different to the style in which he usually wrote to me.

and it was

Mr. Henry Grey-I am the secretary to the Stockwell Grammar School, and it was my duty to give the prisoner notice of the termination of his engagement at the school in October, 1870. I produce a copy of that notice. (It was to the effect that the step was necessary to be taken in consequence of the falling off in the number of scholars.) The prisoner wrote a reply, to the effect that the notice had taken him completely by surprise, and that, considering the long period he had been employed as master, and the exertions he had made, he expected that he should at least have been permitted to

resign, and that he should have been ready to do all in his power to meet the members of the committee of management. (The letter was read.) Some portions of the letter were lined under. It was the habit of the prisoner to do this. No complaint had ever been made against the prisoner by the committee of the school. I noticed appearances as though he had an ebullition of temper, but I never saw him actually exhibit one of these ebullitions. I met the prisoner casually in an omnibus about a fortnight before this affair, and had some conversation with him, but all that I noticed about him was that he appeared to be very much aged.

Cross-examined-The school was under the management of a committee, and the prisoner was bound to obey their directions. He had been master since the year 1844. There was an election, and there were several candidates, and the prisoner was the one selected. His salary was 3007. per annum, with a capitation upon each boy of four guineas for every boy over seventy. The average number of pupils down to 1869 was between ninety and a hundred, and the prisoner's income often touched 4007. per annum. The number of the pupils had very much decreased in 1869 and 1870, and this was the reason why the prisoner received notice. All the other masters also received notice, and the reason given was the diminution in the number of pupils. The prisoner appeared to age very much after he left the school.

Mr. W. Longman, a member of the firm of Longman and Co., publishers, Paternoster-row, examined by Mr. Beasley-I have known the prisoner a great many years, and in consequence of a letter written by him in August, 1871, relating to a work he had written, called "A History of the Papacy down to the Reformation," the manuscript was sent to me.

Cross-examined-This work was undoubtedly one of very great labour, and must have occupied the prisoner a considerable time. Our firm entertained the idea of publishing this work, but no decision was arrived at. We have published for the prisoner the "Life of Porson," the "Life of Warburton," and several other works. The prisoner was undoubtedly a m an of very grea learning, and he has translated a great many classical works, many of which were in the nature of school-books. I believe the prisoner was always a very formal and methodical man.

Dr. Waterworth, the medical officer at Horsemonger-lane Gaol-The prisoner was brought first to the prison on the 12th of October, and I saw him on the following morning, and almost daily from that period while he remained in the gaol. I conversed with him from time to time, and endea voured to form a judgment as to the condition of his mind, and I consider him of perfectly sound mind, and I never observed in him the slightest indication of insanity.

Cross-examined-I have made myself acquainted with all the circumstances of this case, and this does not affect the opinion I have given. He was very weak and depressed, and I ordered him some slight stimulants in consequence of his condition. I considered that he was weak in body and depressed in mind, and he appeared averse to enter into conversation with me or with any one. I am not aware that he had an objection to converse with me particularly. He complained of having sleepless nights, and I gave him some small doses of morphia. He secreted a portion of this with the intention, no doubt, of committing suicide, but he was prevented from taking it. I consider his restlessness was owing to the crime he had committed. His brain was undoubtedly disturbed, and this was the reason of his sleeplessness.

Dr. Shepherd-I am the superintendent of the Colney Hatch Lunatic Asylum. There are 2050 patients in that asylum at this time. I visited the prisoner in Newgate on four occasions, and had conversations with him, and the result of those conversations is that I think he is of sound mind.

By Mr. Serjeant Parry.-I mean by this that he was of sound mind at the time I saw him. I visited the prisoner by the direction of the Government. I have no doubt that insanity is a disease to be treated, and, possibly, cured, like any other disease. There is a recognized form of insanity called melancholia, which may be created by any sudden calamity, such as loss of fortune, loss of status. Such a patient would be liable to outbreaks of madness, and under certain intense forms of melancholia reason and judgment would be certainly gone. I do not believe that any slight provocation given to such a person would be likely to cause such an outbreak; but it would have more effect upon him undoubtedly than upon an ordinary man. It is very common for a person who has been subject to such an outbreak of violence to be himself again almost immediately afterwards. Suicide and homicide are very common to the disease of melancholia, but the former is more commonly the case than the latter. Extreme despondency and depression were common indications of melancholia. The forms of suicide adopted by the insane were intensely clever and crafty, and contain no element of clumsiness about them, and I do not believe that any such patient, intending to commit suicide, would tell another that he might be ill at a certain time, or give any notice of his intention. It is a very common thing, also, for a madman after committing a crime to exhibit great cunning and craftiness. I consider absence of remorse for a dreadful crime to be consistent both with sanity and insanity.

Dr. Begbie—I am also engaged at the Colney Hatch Lunatic Asylum. I am one of the medical superintendents. I have seen the prisoner four times. On the three first occasions he was reserved, but on the fourth he was altered, and appeared to be very garrulous and talkative, and he exhibited an amount of levity quite inconsistent with his position, and which could only be accounted for by some mental infirmity. He rambled on various subjects in a most unusual and incoherent manner, and went from one subject to another with great rapidity and great volubility, and, generally, upon subjects of classical literature. I encouraged the prisoner to talk, and sometimes he would leave off in the middle of a sentence. The prisoner also exhibited a very great amount of depression, such as would be expected in the case of a man who had sustained a great loss or who had committed a great crime.

By Mr. Serjeant Parry-I have been thirty years at the asylum, and have 700 patients. I was a pupil of Dr. Connolly. The conclusion I arrived at from what occurred on the third and fourth interviews with the prisoner was that the prisoner was of unsound mind.

Mr. J. R. Gibson-I am the surgeon to the gaol of Newgate, and I have been in that capacity for sixteen or seventeen years. The prisoner was brought into the gaol on the 14th of November, and I have conversed with him and have paid particular attention to him, and was present when he was visited by the last witness, and heard what took place between them. The judgment I have arrived at is that the prisoner is perfectly rational, and I should add remarkably self-possessed. I never observed any inconsistency or anything incoherent in the answers he gave to Dr. Begbie.

This closed the case for the prosecution.

Mr. Serjeant Parry then addressed the jury for the prisoner at considerable length, and he argued that all the circumstances connected with the crime showed that it was not the act of a sane man, and he said that he should produce evidence to show that the prisoner's mind had been destroyed by the calamity that had befallen him in being discharged from his appointment. He argued that it was most improbable that a man in the position of the prisoner should have committed such a dreadful act without any apparent motive.

The following evidence was then adduced for the defence :

Mr. W. J. Fraser said-I am the solicitor for the prisoner, and I produce the certificate of his marriage with Miss Armstrong, at Dublin, in December 1845. I can produce a number of letters that were found in one of the deceased's drawers after her death. I also produce a list of the different works published by the prisoner. They are fifty in number.

Cross-examined-I was a pupil of the prisoner, and occasionally corresponded with him after I left the school. I was one of the proprietors of the school. I found all the documents that were mentioned by the prisoner in the letter left upon his table.

The Rev. Mr. Baugh said—I am the rector of Chelshield, Kent. In September last my curate was absent temporarily, and in consequence of indisposition I obtained the assistance of the prisoner. It appeared to me that he was rather nervous when I saw him in the vestry, and I afterwards observed that his voice was very weak and listless, and I would not permit him to perform the Communion Service. He went home with me, and I soon found that he was labouring under a deep despondency, which showed itself in a gloomy silence, which continued the whole of the day. I and my wife both tried to get him to talk, but he did not originate any topic of conversation, and when anything was said to him he merely replied in monosyllables. After luncheon I told the prisoner that I thought I was quite as able to take the duties of the evening service as he was, but he read the prayers. He went home to dine, but his manner was still the same, and he appeared equally depressed as he was in the morning. He appeared so feeble in the evening that I ordered the carriage to convey him to the station. The only symptom of cheerfulness I observed in the prisoner was when I paid him his fee. (A laugh.)

Mrs. A. W. Baugh gave similar evidence.

The Rev. Joseph Wallace examined-I am the vicar of St. Andrew's, Stockwell. For the last three years the prisoner and his wife had sittings at my church. I have known the prisoner for ten years, and frequently spoke to him. No man could have a higher character for kindness and humanity than he had. I saw the prisoner in Horsemonger-lane Gaol on the 3rd of November. I went at the request of the prisoner, and was with him about three-quarters of an hour. At the end of my conversation with him I formed an opinion respecting the state of his mind. He appeared to have quite forgotten that he had sent for me, and his conversation was very unlike what I had heard from him before. He said during my visit that perhaps if he had opened his mouth to me before he might have taken a different course. He rambled from subject to subject very rapidly. It was not his habit formerly to do so. At one time he talked about what he called "that horrible Coroner's inquest," and then added, "They won't let me shave." I noticed a singular