The Proceedings of the Old Bailey

 

   RAYNER,  Horace  George (otherwise Turner, 27, clerk); murder of   William Whiteley; the like on Coroner's Inquisition.

Mr. Muir and Mr. Arthur Gill prosecuted. Mr.  George Elliott and Mr. Curtis Bennett defended. Mr. Bodkin watched the case for the., Whiteley family; Mr. L. C. Loyd watched the case on behalf of Mr.  George  Rayner.

Detective CECIL PAKSONS, N Division, proved a plan of the shop, 43, Westbourne Grove.

Sir  GEORGE HENRY LEWIS, solicitor, Ely Place. I have acted upon three occasions for the late Mr. Whiteley. I have never heard of the

prisoner before this catastrophe, and never authorised him to go to Mr. Whiteley on January 24, or to use my name at all.

Cross-examined. I did not act for deceased in his divorce proceedings. I believe Mrs. Whiteley obtained a judicial separation by reason of her husband's misconduct. To my knowledge I never acted for deceased in proceedings between himself and Mr.  Rayner, sen. I did act for Mr. Whiteley in a matter between him and the Misses Turner. I claim my privilege not to give any further information on. that point.

  LOUISA TURNER . I had a sister named Emily. She had a son on April 10.1879. (Certificate of birth produced.) The boy named in the certificate is the prisoner, my sister's son,  Horace  George. The father's name is  George  Rayner, and the mother's Emily  Rayner, formerly Turner. I know the prisoner, and used to see him from time to time. My sister was living then with  George  Rayner, the father. She afterwards left him, got married, and died on January 13, 1898. On November 15, 1882, I entered the service of William Whiteley, Limited, at Westbourne Grove, and made the acquaintance of William Whiteley. On January 15, 1883, I went to live at 13, Greville Road, Kilburn, under Mr. Whiteley's protection. I do not remember going to Hove with Mr. Whiteley. I visited my sister while she was there, but I did not see the boy there. On September 15, 1885, I had a son, two of his names being "Cecil" and "Whiteley." He is still alive. About May of 1888 a disagreement took place between Mr. Whiteley and myself, with the result that we separated, and have not lived together since. I saw  Horace  George  Rayner from time to time, two or three times a year; when he was about 15 or 16. I think he saw my son about that time. I went with my son to  George  Rayner's office, where prisoner was with his father. My son asked me afterwards who prisoner was, and I told him. Prisoner knew quite well, I think, who my son was, and who his father was. Mr. Whiteley saw the prisoner once when he was about four, I think, in his premises, Westbourne Grove. I told Mr. Whiteley who he was.

Cross-examined. My sister Emily was younger than I did not know Mr.  Rayner in 1876. I first knew him about a year before  Horace, the prisoner, was born. My sister had had a child before that, I understood, and the father, I think, was Mr.  Rayner, although he has since repudiated that. If he was not the father I have no idea who was. I did not hear that Mr.  Rayner had repudiated being prisoner's father. I think my age is about 50, and I was about 23 or 24 when I went to Mr. Whiteley's service, but I cannot remember. My sister had been living with Mr.  Rayner for about three years then; at that time I do not think Mr.  Rayner knew Mr. Whiteley. My sister had only been to Westbourne Grove with me as a customer before then. When I went to Mr. Whileley's first prisoner would be about three, and he would be old enough to know who the former was. Prisoner did not visit frequently at Greville Road. I was on good terms

then with my sister and Mr.  Rayner, and they often visited me, but not with the child  Horace, though his sister came. I remember Stanley Road, Teddington, where Mr.  Rayner and my sister lived: that was in 1879 and before that. I never visited there with deceased. He visited me while I was staying at Hove with my sister in 1885. My sister Emily was rather addicted to drink, but I do not know that she was attended by a Dr. Allen in respect of that. This weakness of hers lasted during her life. I have heard that my mother was also afflicted in the same way, but not when I was with her; we lived apart for many years. My maternal grandmother also suffered from the complaint. Greville Road was taken furnished in the name of Mr.  Rayner by Mr. Whiteley originally. The reason it was taken in Mr.  Rayner's name was because it was for him and his wife (my sister) and myself—so Mr. Whiteley said. I paid all the rates, etc. Deceased paid for the furnished house. Mr.  Rayner was ostensibly the tenant, but he did not live there as a fact; he and my sister stayed with me on a visit. I was known as Miss Turner. I purchased the furniture from a Mrs. Graham, 15, Finchley Road. (Receipt for furniture and effects at 13, Greville Road, Kilburn, purchased from Mrs. Graham in the name of  Rayner and paid by William Whiteley for £300 produced.) The dispute which arose between myself and deceased had relation to  George  Rayner. There was a quarrel. Mr. Whiteley made allegations about Mr.  Rayner and myself, and proceedings were commenced against Mr. Whiteley by Mr.  Rayner for libel and slander. I believe the former apologised, and the charges were withdrawn. I was still living in the same house, taken in the name of  Rayner. In fact, all the time I lived under Mr. Whiteley protection I lived in premises taken in the name of  Rayner and paid for by deceased. The lease of the house was in my name, I think. My father met with an accident when I was about 15 or 16. He was run over by a railway engine. He used to suffer with his head.

Re-examined. The verdict on my father's death was, "Cross neglect on the part of the railway." This accident occurred at Erith. Prior to 1883 the rooms at Greville Road were taken furnished; then I signed the lease and took it in my name. There was no truth in the allegations that I had immoral relations with  George  Rayner. I had had no acquaintance with deceased before I went into his service. My father had not been in any employment for some time before his death. He was separated from my mother. I saw him shortly before his accident—he was all right then.

  TOM BROWNING , 14, Grove Park Road, South Tottenham. In September, 1905. I was living at 23, Highgate Road. The prisoner's 1906. wife, child, and sister lodged with me while he was in Russia. About March, 1906, prisoner joined them. He seemed then to have some occupation, but he did not tell me what it was. His rent was 5s. 6d. a week. From time to time he was away. There was no difficult then about getting my money. In September, 1906. I removed to my present address, accompanied by prisoner and his family. His rent was then 7s. a week. At first prisoner seemed to have employment,

but afterwards he could not get anything to do at all. His rent was paid up to December 13. About the 18th or 19th he went away with his wife and child, leaving some furniture. On the 23rd he came and said he could not pay the rent due nor the instalments for the furniture; the owners of the latter would call for it, and would pay me my arrears of rent. He said he had come to the end of his tether, he could not get anything to do, and had not a brass farthing to call his own. He had pawned nearly everything he had got. That was the last time I saw him. The rent was subsequently paid.

Cross-examined. I should say he was doing his utmost to get employment, and he told me so. At that time he did not know what to do with himself; his inability to get work seemed to be on his mind a good deal. He never owed a week's rent to me before.

  CHARLES OSCAR HARMS , assistant manager, Rowton House, Hammersmith. On January 3 I issued the yellow ticket produced to somebody named Payne, who had been lodging at Rowton House for a short time. He came in on Christmas Eve. A night's lodging in the house costs 7d. The parcel produced was left with me by the man, and I subsequently handed it to Sergeant Williams. The white ticket produced is the locker ticket issued to the man Payne, which entitled him to use a locker as long as he was there, on payment of 6d. He was perfectly quiet while he was there.

  JACOB GERDHARD , hotel-keeper, 23, Red Lion Street, W. C. I first saw prisoner in June last year, when he lodged with me one night under the name of  Horace Payne. He said he had come from Russia; he had no luggage. The next time I saw him was on January 4 this year, when he engaged a room in the name of  Horace  Rayner. He only had a brown paper parcel with him. He used to come in at 11 at night, and went out about 10 or 11 in the morning. He did no; seem to have any employment, but he said he expected some money to come to him. On January 23 he asked to be called, at he had an appointment next day. He was called at half-past eight, and left about half-past nine. Next time I saw him was at St. Mary's Hospital on the 25th. (Box of cartridges produced.) I saw those in his bedroom in a drawer on January 25, and handed them to the police. I did not know prisoner had no money; he always paid me. I think he only had one suit of clothes. He came in a bowler hat and later on he wore a top hat; he wore that on January 24.

Cross-examined. He told me he suffered from sleeplessness. At times he would not speak at all, and appeared to he very depressed. He sometimes spoke of having a rich father and expected to come into £1,000. He said his father was a Yorkshireman and one of the richest men in London. His mother died two or three years ago, he said; and he was an illegitimate son. He got to know his real father when his mother died, so he said, when she was on her deathbed. In every respect he was quiet and well-behaved when. with me.

  ARTHUR KEMP , salesman to Cogswell and Harrison, gunsmiths, Strand, deposed to selling box of 50 cartridges on January 23, at 5.30 p.m. (Sale note produced.) He could not identify prisoner as the man he sold them to.

  BENJAMIN GREEN , butler to the late William Whiteley, 31, Porchestor Terrace. On January 24 I answered a ring at the gate by prisoner, whom I recognise. He asked to see Mr. Whiteley, but I said he never saw anyone at his residence; he would see him at his office. Prisoner asked me where his office was, and, not knowing, I told him to inquire at the counting-house. He thanked me and went in that direction. He was very cool in manner and very pleasant.

Cross-examined. I had never seen him before. There was nothing in his manner that struck me as being out of the common.

  DAVID GOODMAN , chief cashier to William Whiteley, Limited. Deceased's age was 76. My office was in Shop 39. Mr. Whiteley came to the office about 10.30 or 11 on January 24. About half past 12 I saw the prisoner, who asked to see Mr. Whiteley. I asked if he had an appointment. He replied, "No, but if I said he had come from Sir  George Lewis Mr. Whiteley would see him at once." I went and told Mr. Whiteley that, and he said, "Send him round." I took [prisoner round myself. Deceased opened the door and prisoner went in. I did not notice any recognition between them.

Cross-examined. I was in deceased's confidence in regard to matters connected with the business, but had no knowledge of his relations with the Turners or Mr.  George  Rayner. He was a very busy man, and had a good number of callers every day. Half an hour was not an unusual time for him to give to a customer. He would not see anyone calling for orders. So far as I know there was no break in the interview spoken of. Prisoner when he came was quite calm and businesslike. I did not hear any of the conversation between him and deceased.

  WILLIAM JAMES , assistant in the fur department at William Whiteey, Limited. I am known as Jules. On January 24 I was at the repair desk in Shop 43, close to Mr. Whiteley's office. At one o'clock, or shortly after, deceased came out of his office. He came as far as the end of my counter, and called to me. I went to him and he said, "Go and fetch me a policeman," in an ordinary voice. I went at once, Mr. Whiteley standing in the same place. When I came back in three minutes Mr. Whiteley was dead.

Cross-examined. I actually saw deceased come out of his office. As there is no glass in the door you could not see through it. I did not see prisoner as Mr. Whiteley came out; the door was left open after he came out. He came out fairly quickly, but in the ordinary way. here was nothing in what he did to make me think he was apprehensive, except sending for the policeman. He did not attempt to rush away. As far as I knew prisoner remained in the room.

   GEORGE MCCONNELL . messenger to an umbrella-maker. On January 24 I was in William Whiteley's premises near the repair desk.

I saw deceased come from his office to the corner of the counter where I was. He said, "Jules, fetch me a policeman."He stood there a minute or two, and then another gentleman came out—the gentleman there (indicating prisoner). I saw prisoner push Mr. Whiteley, and §ay, "Are you going to give in?" Mr. Whiteley said, "No." Prisoner said, "Then you are a dead man, Mr. Whiteley. "Whereupon prisoner pulled out a revolver and shot twice at deceased, who was about eight inches away. I was frightened and ran behind the counter. Then I heard a third report, and saw Mr. Whiteley fall, but not the prisoner.

Cross-examined. I am sure I remember what was said. I did not hear prisoner say, "Take this," and hand him a piece of paper. Mr. Whiteley was standing by himself when I saw him first. In a minute or two prisoner came out of the office, and gave deceased a push. Prisoner did not say, "Are you going to come in?" I do not think I was in a position to clearly recollect what was said before I ran under the counter.

  MAUD HARRIS , assistant at William Whiteley, Limited. On January 24 I was at the counter near Mr. Whitelev's office, and saw Mr. Goodman bring a man round into deceased's office, about half-past 12. The next I noticed was Mr. Whiteley coming out, and a few minutes later the other man. This was just before one. Mr. Whiteley looked very pale. Then I heard the reports. That is all I noticed. I was very much upset.

Cross-examined. Prisoner was in the room about twenty minutes. I could not say it was half an hour. I did not notice that deceased was agitated. I was serving a customer at the time, and did not see enough of him to make me think there was anything wrong. I did not notice him speak to Jules. He was not attempting to get away. I was about five or six yards off, and could not hear what was said. I did not see prisoner put his arm out towards Mr. Whiteley, nor hand him any paper, nor push him. He came out of the office, stood still, and then fired. I did not see prisoner shoot himself; there was a high stand between him and me.

  REECE HERBERT GERRARD , assistant at William Whiteley, Limited, shop 43. At one o'clock on January 24 I was at the centre counter opposite the repair desk with my back to deceased's office. I saw him standing at the end of the counter, and saw prisoner at the other side of the counter. Deceased was facing him. I turned to speak to my customer, when I heard words from the prisoner to this effect, "You had better take this"; with that the first shot went. I turned and saw prisoner with a revolver shooting a second shot at Mr. Whiteley, who fell. Prisoner then shot himself in the head.

Cross-examined. I am sure of the words, "You had better take this." I did not see prisoner put out his arm as though he was going. to hand something to deceased. I simply heard the report of the revolver.

  JAMES HOLLYER SIMMONS , buyer to William Whiteley, Ltd. On the day in question I was walking between the counter and the wall, which is part of the entrance to deceased's office and saw him standing there with his back to his office. Prisoner was facing him. I heard nothing said. Deceased was waving prisoner away, and immediately after prisoner raised his hand level with Mr. Whiteley's head, and I heard two pistol reports. I then saw deceased on his knees, and prisoner fired at his own head. I saw a bullet picked up some time after by a constable.

Cross-examined. I gathered that Mr. Whiteley wished prisoner to go away when I saw them at first. I was 3 or 4 ft. away. If anything had been said I think I must have heard it. I saw no motion of the prisoner to put out his hand with a piece of paper in it. The firing was all done in two or three seconds.

Police-constable FREDERICK BUSSY, 175 F. I was on duty in Westbourne Grove on January 24 when the witness James fetched me, shortly after one. Deceased was lying on the floor, and prisoner close to him. When the doctor was bandaging prisoner's head, the latter said, "I am quite conscious. "I found a revolver on the floor. There were three loaded and three discharged cartridges—(some cartridges produced)—the same as in this pink box. I afterwards picked up a bullet, which fell on the counter, where Mr. Simmons was. It was flattened out.

Cross-examined. The prisoner appeared to be seriously injured, although he said he was conscious.

Dr. JOHN FRENCH, 23, Porchester Gardens. I was called in to Mr. Whiteley's premises on the day in question, and saw deceased with two wounds in his head quite dead. I examined him. (Witness indicated position of wounds.) I found a bullet embedded in the right temporal bone. I also examined the prisoner, who made the remark, "I am alive," or "I am conscious," and either, "Do not worry me," or "Do not worry about Mr. "From the marks on deceased's face, the pistol could not have been closer than 9 in. or further than 15 in.

Cross-examined. The condition of prisoner was very critical; he himself had a narrow escape from death. I think, in regard to Mr. Whiteley, the shot in the cheek was the first one fired.

Dr. HERBERT ERNEST BATTEN, casualty surgeon at St. Mary's Hospital. Prisoner was brought to the hospital on January 24 suffering from a bullet wound, which had destroyed the right eye. I attended him temporarily. He said, "My name is Cecil Whiteley. I am the son of Mr. William Whiteley. I have shot Mr. Whiteley. I have shot myself and have made a mistake. Give me something to make me sleep away, there's a good boy. I am quite conscious."I had nothing to do with him after the first day.

Cross-examined. He was in a very serious condition, and had a narrow escape from death.

Detective-sergeant EDWARD WILLIAMS, F Division. I went to St. Mary's Hospital on January 24 and saw prisoner. I took possession of his clothes. I found notebook (produced) in his overcoat pocket—five leaves were torn out. I found the leaves in hit trousers pocket in a purse (produced) and I fitted them in the book. The following words were written on them: "To whom it may concern.—William Whiteley is my father. He has brought upon himself and me a double fatality by reason of his own refusal of a request perfectly reasonable R. I. P."I also found an indelible pencil, which makes the same kind of writing as is on the two leaves. I found nothing else on him to indicate-who he was. I went to 23, Red Lion Street next day, and Mr. Gerdhard handed me prisoner's property, including box of 44 cartridges. I went to Rowton House, Hammersmith, and got a parcel which contained documents in the name of Payne. There was no name on the letters found. They were answers to advertisements.

  JAMES FIELD , clerk in charge of cloak room, Lancaster Gate Tube Station, identified envelope deposited there on January 24.

  RICHARD LEWIS LISTER , superintendent to William Whiteley, deposed to finding a silk hat on his office table, which he at first thought was Dr. French's. It contained in the lining the cloak room (Lancaster Gate) ticket.

Detective-inspector ROBERT FULLER, F Division. I was called to Westbourne Grove premises on January 24, and took charge of the investigations with regard to prisoner. I went to the cloak room at Lancaster Gate Tube Station and got the envelope (produced) and contents—a Russian passport in the name of  Horace  George  Rayner, 19 pawntickets, a voucher for Rowton House in the name of Payne, a parcel ticket for the same, a receipt for £2 14s. for advertising, an advertisement for a situation, a type-written essay, three blank cheques, a green pocket wallet, a photo, of the prisoner, and 45 other photos.—lewd ones—a letter from Lord Augustus Loftus, the Consul at St. Petersburg, introducing  Horace  Rayner; a card case, 3d. in stamps, 11 cards, and a red pocket wallet. The pawntickets extend in date from April 17, 1906, to January 2, 1907, and refer to bracelets, boot trees, trousers, etc I saw prisoner at St. Mary's Hospital on February 19, and charged him with the murder. He replied, "I have nothing to say now." He was taken to Paddington Green Police Station and formally charged. He made no reply.

Cross-examined. The pawntickets show that prisoner started with such things as diamond rings and gold watches and came down to mufflers and trousers, etc.

(Defence.)

Mrs. ALICE MAY  RAYNER.I am 26 years of age. For 24 years I have been addpted by my aunts, the Misses Knollys, of Bewdley; I am now living with them. In 1898 I made prisoner's acquaintance,

and, after a three years' engagement, we married on November 21, 1901. There are two children of the marriage, and I am expecting very shortly to be confined. After our marriage prisoner and I lived together at various places till he went to Russia in September, 1905. He went entirely with my consent; Up to that time he had been generally a kind and good husband, but he was very variable in his moods. On his return from Russia we again lived together until December 18 last. He was then in great financial trouble; all the summer he had been very hard up, and but for my aunts we should have been destitute. Prisoner constantly tried to get work, but he seemed to have no luck at all. He became very depressed and could not sleep at nights; he got to be very morose and seemed to wear a hunted look. He had not mentioned Mr. Whiteley's name he went to school with Mr. Whiteley's sons and, once as a child, had stayed with Mr. Whiteley at his house.

Miss ANNIE KNOLLYS. I live at Bewdley with my sisters, who many years ago adopted Mrs.  Rayner. During the last eight years I have very frequently met the prisoner. I last saw him in November, 1906, at Kidderminster. His eyes were very bloodshot, and he was very excited; he said he had had no food for two days, and had net slept for two days, and that he had only 7d. in his pocket. He was always in a very moody and unhappy, depressed condition. Since December 18 Mrs.  Rayner and the children have been living with us.

Miss SARAH KNOLLYS, another aunt of Mrs.  Rayner, gave similar evidence as to prisoner's moodiness and depression.

Mrs. ELIZABETH LLOYD, 80, King's Road, Camden Town. In 1904 prisoner lodged at my house with his wife and children. I frequently met him; he was a man of very unequal temperament. He once told me that there was a great secret in his life, that he felt he could not tell anyone, that it weighed him down, and kept him always in a depressed state, and was the curse of his life. I have known him to be for days in that depressed condition.

   HORACE  GEORGE  RAYNER (prisoner on oath). I was born in April, 1879; I have always been known by the name of  Rayner; I have always regarded the late Emily  Rayner as my mother and  George  Rayner up to a certain point as my father. I remember in my early years living for a considerable time at Greville Road, and I used to see Mr. William Whiteley there frequently. After Greville Road I remember living at Brighton with  George  Rayner. Mr. Whiteley called there on several occasions; Mr.  Rayner and my mother were there; I do not know whether my aunt was always, there; she was there some time. I went to a boarding-school at Brighton for about eighteen months; then I went to school at Barnet, and later on at Eastbourne; I left school in about 1894, and went to reside with Mr.  Rayner at his chambers in Craven Street, Charing Cross. My mother had then left him, and he was living in bachelor chambers. He used

to treat me more like a friend than a boy. He told me on several occasions that I was no son of his; he was usually elevated in drink when he made these statements. He told me that I had more claim upon Mr. Whiteley than I had upon him; that was when I was supposed to be trying to obtain employment. In 1896 I went to Russia; a gentleman I met at the Polytechnic invited me to go out there to learn the language, and Mr.  Rayner got me letters of introduction to the British Consuls at Riga and St. Petersburg from Lord Augustus Loftus, who was formerly Ambassador. The gentleman with whom I was to have been placed retired from business, and I returned to London after seven months. I again went to Mr.  Rayner's, and stayed with him till 1898, when, owing to a difference of opinion, I left him and went to Bewdley. After being in different employments at Leeds and Birmingham I came up to London, and was for some months private secretary to Sir Henry Burdett. In 1900 I became assistant secretary of the Frederick Hotels, Limited; I stayed there three and half years. I then borrowed some money from my wife's aunt and started business in the City as a commission agent. Late in 1905 I again went to Russia, and returned early last year. I could obtain no regular employment, and my financial position gradually got worse and worse. I found that the condition of affairs made me rather erratic and in a low state of health; I was frequently without food.

Mr. Elliott. We have got now to a few days before January 24. Tell as in your own way exactly how it was you came to make up your mind to go to Mr. Whiteley and the circumstances under which you came to go.—I had believed for some years, since my residence with Mr.  Rayner, and even before that, that Mr. Whiteley was, in fact, my father. My mother said to me when I was at school—this was at the time when she was having some quarrels with Mr.  Rayner—that if ever I wanted a friend I should find one in Mr. Whiteley if I mentioned her name. On top of that there was the renunciation of me from time to time by my father, as I thought  Rayner, and his repeatedly calling into question Mr. Whiteley's name. I therefore considered that I had, and I still consider that I have, ample grounds for calling upon Mr. Whiteley for assistance, at least of the kind for which I asked. I decided at Christmas to blow my brains out, when I was at Rowton House, but I had not the money to get my revolver, which was in pledge, so I thought over for several weeks the question of whether I was justified in going to Mr. Whiteley or not, having regard to the fact that it was 25 years since I had seen him in person. After many sleepless nights I thought that I should be justified in doing so as a last resort, and that in the event of my failure I would commit suicide. Under those circumstances I went to see him. On that morning, between the time that I called at his private house and the time that I called at the office establishment, I had several glasses of brandy, at I did not know really whether I was justified in putting to myself such a gamble; my own life against his goodwill, as it were. However, I decided to go, and I had decided also beforehand that if I blew my

brains out nobody should discover my identity, for the sake of my wife and family and the scandal which might arise. For that reason I left my papers at the Tube station. I bad previously told a friend of mine that in the event of my committing suicide I should leave no trace of my identity. I went in as has come out in the evidence. I knew that if I mentioned my name I should not gain access to Mr. Whiteley; I knew also from Mr.  George  Rayner's talk in early years that Sir  George Lewis had in some way or other been mixed up with what I believed to be the question of my parentage. I, therefore, thought it best to give his name, which I did. As soon as I obtained access to Mr. Whiteley I told him that I had gained access to him under false pretences, that as a matter of fact I had not come from Sir  George Lewis, but my name was  Horace  George  Rayner. He said, "Oh, yes, sit down," and he took a seat on the other side of the table, and we salt facing each other. He said, "And what is it that I can do for you?" I said, "I believe I am right in stating, Mr. Whiteley, that your son is speaking to his father?" He said, "Is that so? and when did you see me last. "I mentioned the circumstance that I used to live at Greville Road, and that there I saw him last. He said, "And what can I do for you?" I mentioned to him the desperate straits in which I was as regards money, and my wife's condition, I made no proposition to him with regard to helping me at that time at all. He said, "What business have you been brought up to?" I told him that I had been brought tip to clerical business. He said it was a pity I had not been brought up to some more practical trade. After talking for some time, without getting much nearer the object of my visit, I put it to him, "Can you assist me in any way? I shall be pleased if I can only obtain employment. "I mentioned no question of money to him, except so far as it might be taken by inference. He said, "I must not mix myself up with what bas passed," or words to that effect—"I must not recall the past. "He also said that, of course, it was all very fine, but there were two sides to every question, and that I had only heard one side. I made no comment; I said nothing. He said to me, did I want to go abroad? I said I should be very glad to go abroad, but I could do nothing without catpital. "Oh," he said, "many young fellows go abroad and do very well without capital; I should advise you to go to one of the emigration agencies, such as the Salvation Army. "I was very much nettled in my own mind to think that he showed so little sentiment in speaking to a blood relation, and there was a considerable revulsion of feeling in my mind; whereas I had been very well inclined, I felt nettled. I said to him, "Do you absolutely refuse to assist me, even in kind, by employment?" He said, "I must not do it. "Thereupon I said, "Then I must tell you I made up my mind before I came here that I would blow my brains out if unsuccessful in my application to you. "He said, Don't talk so silly"; but I was already excited, and I produced the revolver from my pocket and put it to my head. He said, "Put that thing down. "I put it behind my back. I was

staggered for the moment as to what was the best thing for me to do; my head was in a whirl. I had still a feeling of revulsion in my mind that he should have treated me as I thought so badly, and I thought, "Well, if he is not amenable to sentiment and to what ought to be a sense of duty, perhaps he may be amenable to a sense of fear." I thereupon made up my mind that I would play that card at a last card, but without any intention at all of carrying it into effect. So I put back the revolver in my pocket and I sat down; I tore the leaves out of my notebook and started writing. Mr. Whiteley, who sat opposite, after I had written the best part of it, got up and went towards the door. He passed me as he went towards the door, and I said, "Won't you wait?" he took no notice. Thereupon I (picked up the paper and put it away, and thought, "Well, that's no use, there is no more to be done in that behalf." I sat on a chair for a minute or two. My head was in a state of blankness. I did not know what to do or what was for the best, having practically condemned myself to death. I got up at last and opened the door to see what had become of Mr. Whiteiey, and I saw him standing outside. It occurred to me at the time that he must think in his own mind that I was going to blow my brains out, and that he must be waiting outside to hear the shot. I think my mind was not improved by the knowledge of that fact. However, I went towards him and extended my hand in a friendly way and asked him to come in again and not leave the matter like that; I do not recall my words, but I remember asking him to come in again. The evidence that I asked him to "Give in" is palpably incorrect. He said to me, "No, I will say no more." I said, "Is that final?" or some words more—I do not know what my words were—and he said, "I have sent for a policeman." That is all I remember of the circumstance; the actual shooting and what was in my mind at the time I do not remember at all. The last I remember was his statement to me that he had tent for a policeman. I had a sort of vague idea of voices in the distance, but there was no idea of time between what I have heard to be the statements in the shop and the statements in the hospital. I remember a continuation of voices, but I do not know where they Were; they seemed to me afar off.

  THOMAS CLAYE SHAW , B. A. (London), M. D. (London), B. M., F. R. C. P., H. R. C. S., L. S. A.p., Lecturer to St. Bartholomew's School of Psychology. I have devoted myself for many years to questions of insanity—amongst others to what is called impulsive insanity. I have known cases where persons have for years acted as perfectly rational, and suddenly, under some apparent impulse, have been guilty of acts of instability (I prefer not to say acts of insanity), afterwards recovering their normal sanity. I have examined the accused; I have heard the evidence as to the habits of his blood relatives at to his having been without regular food, and as to hit insomnia and general distress of mind. In my judgment, all that would tend to diminish his self-control, and on that ground he would be more susceptible

to the influence of impulse from any crisis or excitement; the action of some other person regarded by him as a provocation would be more likely to act upon such a brain as his than that of a man of strong and more normal condition.

Cross-examined. I do not say that the prisoner is insane.

  CHARLES ARTHUR MERCIER , B. M., F. R. C. P., F. R. C.S., etc., agreed with the evidence of the last witness, also stating in connection that he could not say that prisoner is insane.

Mr. Muir submitted that there was no evidence to go to the jury that prisoner was insane, so as not to be responsible in law for his acts.

The Lord Chief Justice agreed, and in his summing-up so directed the jury.

Verdict, Guilty. Sentence, Death.

BEFORE JUDGE RENTOUL.

(Friday, March 22.)