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applicable to it, proceeded to the facts. He analyzed minutely the evidence as to the presence of

not on that ground conclude that he had committed murder. A man might commit an offence in early life and retrieve himself-prussic acid in the stomach of the he might under painful circumstances be guilty of subterfuge; but he rested the defence of the prisoner mainly upon these confident grounds, that there was neither motive nor temptation to so horrible a crime, and that the jury would not be the first to break through that great and blessed principle of justice, that where there was a doubt the accused should always have the benefit of it. The learned gentleman concluded by again urging upon the jury the consideration of their responsibility if they erred, if upon subjects so difficult to those accustomed to them they did an act which one day they might wish, almost to the cost of their own lives, they had not committed.

Several witnesses were called, who gave the prisoner a good character for kindness and humanity.

Mr. Baron Parke proceeded to charge the jury. He cautioned them to dismiss any impressions received from without, and to guard against the effect of the able speech of the prisoner's counsel. In consequence of the alteration of the law, which allowed a prisoner's counsel to address the jury, the judge had an additional and difficult duty thrown on him; and it was his duty to warn them against observations calculated to influence their fears and passions. He dissented from the learned counsel's opinion that circumstantial evidence was insufficient in cases of this kind; and after some further observations on the principles of law

deceased. In regard to the smell. he thought they could come to no other conclusion, after the evidence they had heard, than this-that smell was a proof of its presence, but that the absence of smell was no proof of its absence. He adverted particularly to the evidence of Mr. Cooper, who had found, from his experiments, that the stomach contained at least a grain of pure prussic acid. Adding to this evidence the fact which they all knew from persons who had tried experiments, that a very small portion indeed of prussie acid was sufficient to destroy the life of animals, and suddenly; then coupling with that fact the circumstance of prussic acid having been taken by the deceased before seven o'clock on the evening of the 1st of January; then adding to all, the entire conduct of the prisoner throughout the transaction, it would be for the jury to say whether they had any doubt upon their minds that the poison had been administered by him, or whether they believed that it had been taken by the deceased herself. The learned judge adverted to the prisoner's admission to Perkins (in contradiction to his previous denial that he had been at Slough), that he had been at the deceased's house immediately before her death, and even said he had seen her pour something from a small phial into her glass, as if she intended to poison herself. It was to be observed, that he mentioned nothing of this extraordinary statement until after he had been brought to Slough, and had a consultation with his coun

sel. If the story were true, one would suppose that, instead of walking away from the house, and denying he had been there at all, he would have waited to see if the deceased really had taken poison, and be the first to call for assistance. It had been said that he was in the habit of purchasing prussic acid from Mr. Thomas, the chemist, for varicose veins in the leg, and that his having purchased it on the 1st of January was no evidence of his having administered it to the deceased. True it was that he might have varicose veins in the leg, although they had received no evidence of the fact, and that prussic acid might, as stated by Mr. Thomas, allay the irritation produced by varicose veins, although it was no remedy for the disease itself; but from the evidence it appeared that on the day the deceased was poisoned, poison was in the possession of the prisoner, and that on the next day he had none. regard to motives, no motive could justify or palliate such a crime as that with which the prisoner was charged, nor was it necessary for a jury to discover the motive which might have led to its commission. The jury, however, might consider how far such motives as were alleged in this case could have influenced the mind of the prisoner. The learned judge entered into the circumstances of the prisoner's previous connexion with the deceased, and thought it not improbable that the prisoner, on the 1st of January, when he went to Bath Place, might have gone there with the mixed feeling partly of being prepared to pay the money, and partly, if the opportunity occurred, to commit the crime, and not pay the

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money. On the 1st of January he might even have gone down with the intention of paying the deceased her quarter's allowance; and they knew that when taken into custody he had 127. 10s. in his pocket, besides some silver. Upon the evidence of the witness Thomas, as to the experiments he made to obtain prussic acid from apple-pips, the learned judge remarked that it was of no weight, inasmuch as prussic acid was proved to be in the stomach before it could have been created by apple-pips, if there were any such present. The sudden death of the woman put that point out of the question. As to the suggestion of the deceased having died from a sudden emotion of the mind, or from any other cause of sudden death, surely the jury could not entertain it while there was evidence before them of an agent sufficient of itself to cause death. Regarding the evidence as to the prisoner's benevolent character, the learned judge remarked that this was evidence to be considered in a case of this kind, because it showed the impression which the habits of a man had made upon the minds of those about him as to his disposition. The learned judge concluded by solemnly leaving the case to the conscientious consideration of the jury.

The jury then retired, and were absent about half an hour, during which time the prisoner evinced intense anxiety, frequently changing colour.

On their return, on being asked, in the usual form, if they found the prisoner guilty or not guilty, the foreman, in a loud and emphatic tone, said, "Guilty." The prisoner being asked by the Clerk of the Arraigns what he had

to say that the Court should not pass judgment according to law, held down his head and made no reply.

The learned judge then, after a most solemn address to the prisoner, passed upon him the sentence of death. The prisoner was perfectly unmoved. The trial occupied three days. (See Chronicle, p. 42.)

CENTRAL CRIMINAL

COURT. April 11.

(Before Mr. Justice Coleridge and

Mr. Justice Coleman.)

THE HAMPSTEAD MURDER. Thomas Henry Hocker, aged 22, was indicted for the wilful murder of James Delarue, in the parish of St. John, Hampstead, on the 21st of February.

Mr. Bodkin and Mr. M. Chambers conducted the prosecution. Mr. Clarkson and Mr. Ballantine defended the prisoner.

Mr. Bodkin stated the case on behalf of the Crown, calling upon the jury to discharge from their mind all prepossessions that might have been created by the statements with which the newspapers had been full, and of which they must have heard so much in common with the rest of the community, and to form their judgment upon what should transpire in Court upon the trial, and upon nothing else. The learned counsel then proceeded to lay before the Court an outline of the case as contained in the following abridged evidence, calling their particular attention to such inferences as might be made from it; and in particular to the strange circum

stance of the prisoner's return to the body of his victim, actuated by some of those inexplicable motives which so frequently influence the conduct of persons guilty of great crimes. There was, however, one point to which he must call their attention, and which, he believed, had created a very considerable sensation. He believed there was no money or property of any value found upon the person of the deceased at the time it was found, but there had been found in the coat-pocket a letter of a most extraordinary character, which it was his duty to lay before them, because he should prove it beyond doubt to be in the handwriting of the prisoner at the bar. One witness, who knew his handwriting, would speak positively to it, though his brother had some doubt upon the subject; but the jury would have very little doubt left them, because, in addition to the belief of the witness, there was the further evidence that there had been found in the lodgings of the prisoner the same coloured ink as that in which the letter was written-blue ink-as well as some paper of the same size and quality, besides a quantity of medallion seals with the letter "F" upon them, the same as the one by which the letter had been originally secured. The letter was addressed to "James Cooper, Hampstead Road," and he (Mr. Bodkin) might here stop to say that it would be shown the prisoner had been in the habit of corresponding with the deceased Mr. Delarue by the name of Mr. Cooper, and that he was in the habit of so addressing letters intended for the deceased. The letter was in these terms:

"My dearest James,-I have so often resigned myself to your will and embrace, that I find myself in the situation which makes it necessary for me to leave home shortly. I would rather die than doubt either your love or your honour; yet do not, oh do not be ashamed to own me. If you cannot at present give me the title of wife, conceal me from the cruel finger of scorn. Heaven has been my witness that I have loved you but too dearly. Let me be happy in the conviction that you will one day restore me to your arms for ever. Ease my suspense by meeting me to-morrow at the . place where, alas! you have always made me happy. Yet not so, if you will put one smile of hope and comfort on my countenance. You can render me for ever light-hearted and happy, or for ever heart-broken and conscience-stricken. Oh, that a bended knee might procure me the former lot!

"Ever yours,
"CAROLINE."

The address on the envelope containing this note was,By Miss F. "James Cooper, Esq.,

"Hampstead Road."

He (Mr. Bodkin) should lay that letter (as it was) in evidence before the jury, for it formed no part of his duty to enter into any speculation as to what had been the object or motive which actuated the writer. He could only say, that no such person as Caroline had been made out or discovered. He made no comment on this letter, but left the jury to draw any inference or satisfactory hypothesis from it they could.

The following witnesses were then called on behalf of the Crown:

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Edward Hilton, examined.— I am a baker, living at West End, Hampstead. I was delivering bread on Haverstock Terrace at ten minutes after seven o'clock on the night of Friday, the 21st of February. I got out of my cart, and heard cries of "murder coming across the fields from the dead wall at Belsize Lane. I afterwards saw the spot where the body was found, and the cries of "murder" seemed to come from that spot. I heard the cries six or eight times. The cries from the beginning to the end might have been heard for four minutes. I went into the field and cried Halloo, halloo," several times, but I heard no answer. I then told the policeman what I had heard, and afterwards drove away.

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John Baldock, police-constable 304 S, examined.-I saw Mr. Hilton at ten minutes past seven o'clock on Friday, the 21st of February. In consequence of what he told me I walked over the Haverstock field, but I saw nothing. I then went down the narrow passage leading to Belsize Lane, and I afterwards turned back by the George public-house. I met Sergeant Fletcher, and with him turned back to the dead wall round Belsize House, and we found the dead body. The body was afterwards taken to the station. The deceased was lying on his back, with his great coat and body coat open. I found a glove and hat lying on the ground, near the body. I also found a pocket-handkerchief. The body was quite dead, but warm.

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injuries were all on the head, and I saw a pool of blood where the body was lying. I searched the body afterwards. There was no watch on the deceased, and he had no money. I found a letter in the pocket of his coat, which I gave into the custody of Inspector Grey. After the body was discovered Fletcher went for the stretcher, and I was left alone with the body. In about a quarter of an hour a man came up and joined me, while the sergeant was away. The person who joined me came from the direction of the Avenue Road. There are two paths by which persons might come towards Hampstead. My attention was called to the person by his singing. The prisoner came up, and said, Halloo, policeman." I said, "I have a serious case here.' He said, "What is that, policeman?" I said, "I think it is a person

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who has cut his throat." said, "It is a nasty job, policeman," and he stooped down and felt the deceased's pulse, to ascertain if there was life left. He did not kneel down, but stooped. He then told me that he had been in the habit of travelling that way from town some years, and had never met with anything, though he had always property about him. He said his parents had told him he should not walk that way at night. He said I had a cold job, and he offered me some brandy. I said, "I had rather not, if you please." He said it was very cold, and I would be the better of something to drink, and I at last took a shilling from him. When the stretcher came there was a light brought, and the lamp was turned upon the body. The man then was standing there.

When the body was taken on the stretcher, the man followed as far as Belsize Lane. He had on a dark coat or macintosh, and was a young man, about five feet eight inches in height.

By Mr. Justice Coleridge.The man was muffled up with something over his face. I think it was the collar of his macintosh, or a handkerchief.

Cross-examined.-I knew the hour from having seen the clock at the "George public-house a few minutes before. The man who joined me went up to the body, and took hold of the hand. The man said, he would stay with me till the stretcher came, as I was left alone. He said, that he felt rather queer at the sight. He did not shed tears. He said he felt very much shocked at seeing such a sight. He remained with me till the stretcher came. It might be a quarter of an hour till then.

Thomas Fletcher, 24 S, corroborated the statement of Baldock, with the addition of his finding a stick, which was produced, lying near the body.

James Gray, an inspector of police, stationed at Hampstead at the time the murder occurred, deposed to the same facts, and stated that he had thoroughly searched the field that night but without finding anything, and produced a letter which was handed to him by Mr. Perry, the surgeon, who received it from Baldock, the police-constable, when the latter was searching the body after it had been brought to the "Yorkshire Grey" public-house. the following morning, between six and seven o'clock, he went again to the spot where the body had been found, together with

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