Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 27 October 2021), July 1850, trial of ROBERT PATE (t18500708-1300).

ROBERT PATE, Breaking Peace > assault, 8th July 1850.

1300. ROBERT PATE was indicted for unlawfully assaulting our Lady the Queen, with intent to injure her.—2nd COUNT, with intent to alarm her.—3rd COUNT, with intent to break the public peace.


BODKIN, and CLERK, conducted the Prosecution.

COLONEL GREY . I hold the office of equerry to Her Majesty. I was equerry in waiting on Thursday, 27th June—Her Majesty left Buckingham Palace about six o'clock that day, in an open barouche, of the usual height—it drove up Constitution-hill and down Piccadilly, to Cambridge-house, where Her Majesty alighted—she left Cambridge-house about half-past six; the carriage came out of the east gate, the one nearest St. James's-street, and furthest from Hyde-park—there was, at the gate, the usual crowd that always attends on such occasions; not an unusaal crowd—the carriage necessarily proceeded slowly, to enable the leaders to turn into the street; it was almost stationary—I saw a well-dressed man step forward as the carriage passed the gates—what he did I could not exactly see—I saw Renwick, the footman, who was behind, lean forward and seize that man by the collar; and that man was the prisoner—I was on horseback behind, and had not got out of the gate—as I was passing on the prisoner came behind the rumble, and the crowd instantly closed in—I saw the police take hold of him, and I went after the carriage, which drove on—when Her Majesty arrived at Buckingham Palace, Sir James Clark was sent for—I afterwards saw a bandage on Her Majesty's forehead, and the blood was coming through the bandage.

ROBERT RENWICK . I am sergeant-footman to Her Majesty; I am in constant attendance on Her Majesty when driving out. On Thursday, 27th June, Her Majesty went to Cambridge-house—I was sitting behind in the rumble—as the carriage was coming out of the gate I saw the defendant strike the Queen over the head with a small cane; this produced is it—I do not know with which end of the cane he struck Her Majesty—the carriage was moving very slowly, and I leaned forward and caught him by the collar—I have not the slightest doubt of his being the man—I saw him taken hold of by the crowd—I went on with the carriage.

Cross-examined by MR. COCKBURN. Q. He was rather roughly handled, I believe? A. Well, I cannot say.

COURT. Q. Which hand did he hold the cane in? A. In his right hand.

JAMES SILVER (police-sergeant,. A) I was near Cambridge-house on the evening in question, and observed the crowd collected—I observed Her

Majesty about to leave the fore-court of Cambridge-house—I heard some exclamation, which called my attention to the carriage, and I then saw the prisoner with this stick in sis hand—I took it from his right hand—I assisted in protecting him from the violence of the crowd—they would have been very violent to him—one person struck him—I conveyed him to Vine-street station and searched him—he was asked his name; he said it was Robert Pate; that he lived at 27, Duke-street, St. James'; that he was formerly a lieutenant in the 10th Hussars, and also of Wisbeach—he said he mast caution those men as to what they were saying (that was some of the witnesses who were stating what they had seen), for they did not know whether he hit at her bonnet or her head; that it was a slight blow with a light stick.

Cross-examined. Q. 27, Duke-street, is his right place of address, is it not? A. Yes.

SAMUEL COWLING . I am a bookseller, living at Norwich-court, Fetter-lane. On Thursday, 27th June, about twenty minutes past six o'clock, I was among the crowd waiting for Her Majesty to leave Cambridge-house—I was standing in the front part of the crowd, and the prisoner came and took his station at my right elbow, so close as to touch me; he made an attempt to get in front of me, and I put my arm in front of him again—while standing by the side of him Her Majesty came out in an open barouche, and at the moment it was in front of us it halted a second for the outriders to clear the way—we were at the Hyde-park side, the right side of the carriage, the same on which Her Majesty was sitting, and the prisoner made one step in advance and struck Her Majesty—he had his right hand free, and he struck with that hand—the blow appeared to me to fall partly on the Queen's bonnet and partly on her face; I could not see distinctly.

COURT. Q. Was it a violent blow? A. It was as violent as a man might strike without using any extra exertion—it was not a violent blow; still it was a hard blow: I should not like it to have come upon my own forehead, I confess.

MR. CLERK. Q. Could you observe, when the prisoner raised his hand with the stick, whether the blow was aimed in any particular direction? A. From the prisoner's attitude, it is my impression that the blow was so aimed as to fall on the face below the bonnet—it was a sweeping blow rather than a downward blow—I was the first to seize him—I seized him at once, and the policeman, Silver, came up and took him into custody—there were three of the royal children in the carriage with Her Majesty—I do not know which they were.

Cross-examined. Q. Were there a good many people there? A. As near as I can guess 150 or 200—there were persons on each side of us and behind—when he struck the blow the carriage was in front—there was a lady sitting in the front of the carriage facing Her Majesty.

COLONEL GREY re-examined. The Prince of Wales, Prince Alfred, and I think the Princess Royal, were in the carriage with Her Majesty.

SIR JAMES CLARK . I am physician to Her Majesty. I was sent for to see Her Majesty between eight and nine o'clock in the evening—I examined her forehead, and found a considerable tumour on the outer angle of the right brow, and a small cut—it had been bleeding, and the part was very red—I was surprised to find so much injury produced from so small a stick—it cut through the bonnet—I think it must have been used with considerable force; the bonnet was broken in—it was a horse-hair bonnet, very thin and elastic—it must have struck on the flat part of the bonnet; exactly behind the wire margin.

Cross-examined. Q. You assume that the blow was struck through the bonnet? A. Yes; I saw the bonnet, and examined it—it was elastic, and was in its place when I saw it—the wire round it was bent—I think it impossible for the wire to have assisted in producing the injury, because the wire was far beyond where the blow was struck when the bonnet was on the head.

Witnesses for the Defence.

COLONEL JOHN VANDELOUR . I was Lieutenant-Colonel of the 10th Hussars in 1841, when the prisoner joined it as cornet—he became lieutenant in due time—he remained in the regiment till March, 1846—when he joined it was quartered in England, we were afterwards a few years in Ireland, and then went back to England—about 1844, when we were quartered at Cahir, and he at Clonmel, an accident happened to some horses and a dog of his—between the time of his joining the regiment and that time, I had noticed peculiarities in his manner—the very first day he joined I thought there was something very odd about him—he had his hair cut close to his head, and I was under the impression that be had had his head shaved for some complaint, and he had rather a wildish look about him—as an officer he discharged his duties very well, to the best of his abilities—I never had occasion to find fault with him; and as to his being a gentleman, there was no doubt about that—he was very much liked by his brother officers, and respected by the regiment—he had a favourite Newfoundland dog, and, I think, as many as three valuable horses, to which he was very much attached—Major Wallington had then the command of the regiment at Clonmel—it was reported to me that Major Wallington's dog bit Mr. Pate's dog, and the horses afterwards went mad, and were shot—after that I noticed a change in the prisoner's conduct and appearance; and there was another circumstance, he had a very sensitive mind, and he appeared to be exceedingly annoyed at some correspondence that took place between his father and the Duke of Wellington, in respect to the loss of these horses—there was some claim made on the Major for the value of the horses, in consequence of the accident having arisen through one of his dogs—he felt hurt that his friends should make such a claim on a brother officer—after that he appeared not to have the same love for his profession; he did not seem to do his duty with the zeal that he did before—previous to that be used to mix with the other officers—afterwards his life was more secluded, and he was in the habit of taking very long walks, particularly when he went to Newbridge, in very wild secluded places—I cannot speak positively whether he estranged himself more from the company of his brother officers, because, from my position in the regiment, I was not so much among these gentlemen as the junior officers were—some time after that, at New-bridge, he complained to me that he was unwell, and said he had applied to the doctor of the regiment, and he had given him no relief—I asked what was the matter with him, he answered, and said his stomach and bowels were full of bricks, and that the doctor had not the skill to remove them—I saw directly the delusion he was under, and endeavoured to persuade him what was the fact, that the doctor was a person of great ability, and be was considered on the sick-list after that—to the best of my knowledge he did not replace the horses—he may have replaced one; I cannot speak positively, but I had great trouble about them—in June, 1845, I sent him from Newbridge with a detachment to Dublin, ordering him to return the following day; he left the detachment at Dublin, without leave, absented himself, and I was told he went to England—that is a military offence of a serious character—I communicated with General Wyndham on the subject—he came back after some days; I forget exactly the number of days he was absent—he was not brought to a court-martial

—I saw him after he came back; I thought him very wild, and he could give no account of himself why he went away—in consequence of what I observed in his conduct and demeanour, I made a communication with his father, putting it in as delicate a way as I could—I did not like exactly to tell his father that I thought him insane; a few months after, I think, he left the regiment.

MR. ATTORNEY-GENERAL. Q. On his return, after he had left Dublin, did you inquire where he had been? A. I did, and why he absented himself—he told me he had been in England—he did not tell me anything about his father—he did not enter into any particulars further than that he had been to England—I heard that he had been there from another quarter—he was put in arrest for that, but did not continue so—after he was released he continued to discharge his military duties as before—I am not certain whether he was on the sick-list when he made that statement to me about the state of his stomach and bowels; he was ill—I conclude he was ill, otherwise the doctor would not have admitted him on the sick-list—his father claimed compensation of Major Wellington, on the ground that his dog had caused the loss to his son, and that annoyed Mr. Pate, who thought it unjust towards his brother officer—allow me to observe, that Major Wallington had, before the complaint reached him, made what everybody conceived to be a very honourable compensation.

MR. COCKBURN. Q. On his return from England, did you ask him the motives of his absence? A. I asked why be absented himself, and he did not seem to know—he was ordered to resume his duty after the arrest ceased—he did not discharge it with his former seal and alacrity, but there was a very short time after that for me to judge—I had opportunities of seeing him, and the result was that I wrote to his father, and he left the regiment.

COURT. Q. I suppose, according to the usual course in the army, an offence of that sort, would not be readily passed over in a sane person? A. I should think not—I do not know what the general's motives were, but, had I been in his place, I should have acted in the same manner—if he had been perfectly sensible I should have adopted quite a different course.

CAPTAIN EDMUND BENTLET FRITH . I am now paymaster of the 13th Light Dragoons; I was formerly in the 10th Hussars; I joined it in April, 1842, about a year after Mr. Pate—I was very intimate with him for two or three years—I was quartered at Cahir at the time the accident happened to his horses: I heard of it—previous to that, I believe, he was active in the discharge of his duties as an officer—he was very much liked by everybody—after hearing of that accident, I observed a very great change in his manner and appearance; it was generally remarked in the regiment—he very often absented himself from mess, and took long walks by himself—he told me that he was afraid the cook and messman of the regiment had conspired to poison him—he made that complaint at various times, and in different places—he appeared to me to make it seriously, as though he believed it.

COURT. Q. Using the word "poison" in the ordinary sense, that is, killing by poison? A. Yes.

Q. Not as a person does who has a bad dish? A. I believe in the first instance he absented himself from mess, fearing that the dishes would not agree with him—I fancy that was his first idea—afterwards he spoke to me very seriously on the subject, and I believed that he was serious, that he was under the impression that the cook and the messman had conspired to poison him—he was afraid to go to mess, fearing the dishes were poisoned.

MR. COCKBURN. Q. You understand the distinction in the question; it

was not that he feared the dishes would not agree with him, but that poison was mixed with them? A. It was my belief at first that he meant the dishes would not agree with him; but after saying it to me at different times and places, I then believed he was under the impression that they had engaged to poison him—his manner was that of a man speaking under an impression of that nature.

COURT. Q. Did you talk with him about it? did you say, "Why, if they would poison you, they would poison me and the rest?" A. I did, but he still persisted in his opinion that they were in league to poison him—I could not convince him that it would kill other persons as well as him.

MR. COCKBURN. Q. Did he make complaints to you about the state of his stomach and bowels? A. I heard him mention the circumstance once when I was in his room at barracks—he stated that he had stones and bricks in his stomach—his manner was at times very reserved, and at other times looking very wild and excited, without any apparent cause—it was my belief that his mind was impaired, from the loss of his horses and dog—it was my impression at the time that that had a great deal to do with his change of manner—I observed this striking change of manner after that event.

Q. Did that altered manner and appearance continue until he left the regiment? A. It was sot so much after he was released from arrest; at least, I had not the same opportunities of seeing him—when I did see him I had not opportunities of observing him so closely as I had before—I was not with the regiment when he left; I was on leave—he made a present of his uniform and accoutrements to the adjutant of the regiment—I have known parts of an officer's appointments given, and I have known the horse given, but I never knew a man give the entire of his things—he gave all—on the very afternoon of this unfortunate transaction I met Mr. Pate, about three o'clock, in Picca-dilly, and I observed that his manner was more excited than usual—he was walking in his usual manner, but swinging bis arms and his stick a little more than I had ever seen him do before—he was in the habit of swinging his arms—he has a very peculiar gait—every one used to turn round and look at him—he always carried a small stick; I never saw him without—I have frequently seen him since he left the regiment, always taking his usual walk between Duke-street and the Parks—I have met him at different hours taking the same walk, and always swinging his arms in a peculiar manner, but I never saw him in such an excited state as he was at three o'clock on the Thursday—I was walking with a friend at that time, and we both remarked his appearance.

COURT. Q. I suppose you thought his appearance eccentric? A. I did.

MR. ATTORNEY-GENERAL. Q. Did you speak to him? A. I did; I said, "How do you do?" and he gave his usual answer, a sort of nod—he recognized me, but in a very wild manner—he usually looked wild, but he never looked so excited as he did that afternoon—I have called on him in Jermyn-street; but finding he did not wish to see any one, I discontinued calling on him—I have very often seen him in the street, and always spoke or nodded to him—he always walked very upright, and swung his arms, but not in the manner in which he has done lately—when I first knew him he had a peculiar manner; he held himself erect, and his manner of walking, I think, was different from ordinary persons, nothing very remarkable—his peculiar manner has become very much exaggerated lately, so much so that everybody looked round at him—it was about the same time that he told me about the poisoning, that he spoke of having bricks and stones in his inside—he was then quartered at Newbridge.

Q. Was he in fact ill at that time? A. He was at different times on the sick report; but the nature of his disease I am not aware of; nothing very serious, I fancy, for he was only on for short periods—I believe he was perpetually on and off the sick-list—from my position in the regiment, I am not able to judge whether he discharged his military duties in the ordinary way—I believe many things were looked over in consequence of his eccentric manner.

SIR THOMAS MONRO . I joined the 10th Hussars in 1842, after Mr. Pate—I was quartered with him first at Ballincoli, and afterwards at Cahir—I forget whether I saw him in Dublin or not, but I saw him at Newbridge after the accident to his horses—he seemed rather more odd in his manner than he had been before—he was always odd—I think his manner and conduct was matter of conversation and observation in the regiment—I have only seen him once since he left the regiment—that was in the Green Park, near Piccadilly, about the beginning of this year—he was walking down the Park, very fast, and very upright, swinging his arms a great deal.

THOMAS VENN . I am a corporal in the 10th Hussars. I was in the regiment when Mr. Pate joined it—I had charge of horses in the same stables with his—I remember its being discovered that the horses had been bitten—Mr. Pate had a very handsome Newfoundland dog—I am not aware that that was bitten—it was afterwards destroyed, because I think there was an order to destroy all dogs at the barracks—it was supposed the horses were bitten—they went mad; two or three of them were shot—Mr. Pate was very much distressed about his favourite horse, what he termed his big horse—that was the second one—he appeared very much distressed about it—previous to the second horse being taken ill, he said if anything happened to his big horse, he did not know what he should do, he should be almost ready to go and make a hole in the river—he spoke it in a laughable sort of manner—I think there was a change in his spirits and manner after the big horse was killed—he did not appear to care so much about the other horse.

GEORGE PITT . I am a sergeant in the 10th Hussars. I was in the regiment when Mr. Pate was, and at the time the accident happened to his horses—he was very much attached to his horses—I observed that he always appeared very much depressed in spirits after the death of the horses, and very eccentric in his manner—I have some recollection of his returning to the regiment after he had gone to England without leave—his manner continued eccentric after that—it was always eccentric after the horses had been shot.

THOMAS MARTIN . I am trumpeter of the 10th Hussars, I knew Mr. Pate when he was in the regiment—after the death of his horses he seemed very solitary—at times when he has come round the troop, it hat been generally remarked among the men that he was not right—my mind went along with that observation—I have noticed him sometimes standing moping about as though he was lost in thought, and suddenly he would start off at a good pace, as though he were walking for a wager—I have seen that on more occasions than one after the death of the horses.

ROBERT FRANCIS PATE, ESQ . I am the prisoner's father. I remember his leaving the regiment when it was in Ireland, and coming home—he came down to me at Wisbeach—it was in 1844—I learnt from him that he had come away without leave—I was astonished to see him, and exceedingly hurt, and asked him what was the occasion of it—he said that he was hunted by persons in the Dublin streets, and he had seen the same persons about the barracks where he had been quartered, and he had even seen them about the hotel in London, and from Dublin he made his escape into a vessel coming

to Liverpool—I said I could not let him remain with me, he must return immediately to the regiment, I did not know what would he the consequence, that he might be shot—I was alarmed on account of his being absent without leave—he promised to go back the next morning—I did not doubt his word, or I would have gone back with him—he did go by the first coach next morning, and arrived at his quarters—I wrote to the colonel by the same post stating that he had gone, and afterwards received a letter from Colonel Vandelour, advising me very kindly to take him out of the regiment—I have not got that letter—he had leave, and came to London—I met him in London—after he had been in London some little lime, he sold his commission without communicating with me—I heard that he was still in London, and I knew his time of leave had expired, and I came up to London to see after him—I saw him, and the first thing I asked was whether he had sold out—he said he had—I then went next morning to the Horse Guards to know the particulars, and found it was correct—after paying his debts, I understood him that he would have 1,200l. left—he kept that money—I was afterwards applied to by persons to whom he had become indebted in London—that was about a year and three quarters after he sold out—I saw him some time after—I had seen him while he was at the lodging in Jermyn-street, and I then saw him in Duke-street—his manner then struck me as very remarkable—I was alarmed at it—I first consulted Mr. Leveson, a medical gentleman of Brighton, on the subject, and asked him to recommend me a gentleman in London, and I then consulted Dr. Conolly—at that time I had a daughter living with the family of Mr. Startin, of Saville-row—I consulted Dr. Conolly last autumn—he thought the company of his sister might make him more comfortable, and he had better have a little more time; he would attend to him when there was anything the matter—he did not see him, he thought his presence might do him harm.

MR. ATTORNEY-GENERAL. Q. When your son came to you at Wisbeach in 1844, did he tell you himself that he had left without leave? A. Yes; when I said I was apprehensive he might be shot, he said he could not help it—he said nothing about his being liable to a court-martial, or what the consequences would be—very little conversation passed—I was exceedingly hurt at his coming home—I advised him to go back, and he went back—I believe he had 1,200l. left after paying his debts, or a little more—I think he sold his commission for about 1,800l.—I did not see him very often afterwards when he was staying in London—he did not come down to Wisbeach to visit me—he never came down after he sold his commission—he is not at all intemperate in his habits now—I do not know how he went on in the regiment; I have no means of knowing—I mean since he has been at his last lodging he has been very temperate—I did not know much about him before, I seldom saw him.

Q. After consulting Dr. Conolly, did you leave your son without any person to watch him, or the least consideration? A. He was in the habit of visiting Mr. Startin, who is a medical man; and I thought anything that took place Mr. Startin would tell me of—I made inquiry about him of the persons he lived with, from time to time, as to how he was going on, and the result of my inquiry was, that I left him uncontrolled in his lodging—I have always left him in a very dissatisfied state, very uncomfortable about him, but I did not know what steps to take to put him into an asylum; I did not know what to do; I always believed that he would go into an asylum—I had nobody to attend to or watch him but the people of the house where he lodged—I had no control over him—he is my only son.

COURT. Q. He did not come down to you when you were high sheriff of Cambridgeshire, which I well remember? A. No; that is about three years ago.

MR. COCKBURN. Q. He assigned no motive for coming from Ireland, but that people were pursuing him in Dublin streets? A. Yes, that there was a conspiracy.

CHARLES DODMAN . I was formerly in the 10th Hussars, and was servant to Mr. Pate a portion of the time he was in the regiment; that was after the loss of his horses—I noticed his conduct and manner; it was always very strange and eccentric, not like other people—I accompanied him when he went with a detachment from Newbridge to Dublin; some accident had happened to a horse on its voyage, and it was killed—he went to Morrison's hotel, Dublin—he left me there, and went away without giving me any intimation; I subsequently found he had gone to England—he came back in about seventeen or eighteen days to the regiment, at Newbridge—his conduct after that was dull and more melancholy than before; he secluded himself all he could—he was very much liked by every man in the regiment—I was afterwards engaged by him in March, 1846, as his servant, after he had left the regiment; he was then living at 43, Great Marlborough-street, and in one or two days afterwards he went to Jermyn-street—while he was at Jermyn-street in 1847, he was thrown from his horse; he had no medical man to attend him for that—his habits were very regular in Jermyn-street—he rose at seven, and first had a very large basin of water, which would hold about four gallons, and put his head into it; he then had a bath, and into that he put whiskey and camphor, half a pint every morning to about ten pails of water, sufficient to cover his body—two ounces of camphor mixed with a pint and a half of whiskey served him for three mornings—while he was dressing I have heard him making noises and shouting, particularly in the bath.

COURT. Q. What sort of shouts were they? A. Like a person going suddenly into the water and losing their breath; it was so much that all the persons in the house noticed it—it was as much as to say it was very cold.

MR. HUDDLESTON. Q. Was it merely just at the moment he went in, or did it continue? A. It continued, and sometimes he would sing—it was not an annoyance to the people in the house; it was rather an amusement, the servants used to stand and listen to him—he did not mix at all in society in Jermyn-street, he lived by himself—the blind of the room he was in was always down every minute he was in—he lived on the first floor—he used to go out for a walk regularly—I believe he always went in the same direction—I did not go with him—he went out in a cab, always at a certain hour, and he would go to the minute—his father and his sister have been with him, and other things happened to hinder him, but nothing would stop him from going at the very moment the chimes of St. James went a quarter to three in the afternoon, and at a quarter to twelve in the morning he went to dress—he had the same cab man, and he paid him ten shillings for his fare for some time, all in shillings, and afterwards it was reduced to nine shillings—I was obliged to be very particular in getting all shillings—he would never take a half-crown or a sixpence, but he would have a sixpence and a large penny to pay the bridge and gates—he would never have a small penny or halfpence—I was obliged to have sixpence and a penny in one place and the nine shillings in another, and put them in separate places on the mantel-piece in the drawing-room, in the same place every day—the shillings were laid on the top of each other, and the first thing he would do when he came in would be to count them—when he took them up I believe he used to place them, in

his pocket with the heads all one way, and I believe the heads were up when he paid the cab man—he never altered his style of dress according to the heat or coldness of the weather—he would have a fire in the summer-time, except for about two or three months, the very hot weather—he used to have one in his bedroom also—he had the cab for about eighteen months—I never but once knew him to receive company.

MR. ATTORNEY-GENERAL. Q. Upon what occasion was it that he received company? A. On the Derby-day; one gentleman dined with him who had gone with him to the Derby—that was in 1847—he was regular in the payment of his bills—large bills were settled quarterly or half-yearly—he used to keep the receipts—I have seen him put the large ones away—he paid his lodgings and my wages very regularly—he was very regular in his habits he had a very wild and strange way, so that everybody would notice him.

Q. What do you mean by that; in what respect? A. He would be very punctual and so very noisy; he would whistle about the house, and throw himself about in walking—he walked very erect, and threw his arms about—he would think repeatedly of having things made or done which I had very great difficulty in getting, and sometimes I could not meet with them—at one time he wanted an ivory pestle-and-mortar made in the shape of a bell, to grind tooth-powder—I got it for him, and he ground charcoal and camphorated chalk in it—he once wanted me particularly to get a piece of wood, to match a gun-stock, to make a watch-stand; it was a pretty piece of solid walnut-tree—I could not get it without ordering it—it struck me as being extraordinary—at the time he was at Morrison's Hotel, at Dublin, I asked whether he was going out to dine; he said be should not know till three o'clock—I went at three o'clock, and he had not made up his mind, and told me to come at nine at night—I thought that a very late hour to go to New-bridge, and when I came I found he had gone out to dine.

MR. COCKBURN. Q. He left you behind when he came to England without orders? A. Yes—his whistling and singing was very peculiar, it was in general one thing—I never heard any one else shout and make noises as he did in the bath—his manner was different from other people—I was with him nearly two years; his manner and conduct was matter of observation and conversation to the people in the house.

COURT. Q. Did he read books at all while he was in the house? A. Yes, and the newspaper—on one occasion I saw the catalogue of books at Russell Smith's, in Old Compton-street, and one of the books he had was "Nursery Rhymes;" he purchased it to read, and read it through—he gave it to me for my child—I thought it a strange book for a gentleman to read—I have seen him with many books—he read Hogarth's works—he did not read the Bible; I never knew him go to Church, or any place of worship—he used to walk and ride on Sunday, just the same as any other day.

BAKER LEE . I drive a Hansom's cab—I was in the habit of driving Mr. Pate—I think I began to do so some time in November, 1847—it was while he lived at 89, Jermyn-street—I fetched him regularly every day at one time, a quarter-past three o'clock—I was obliged to be there punctual to the minute—I was there before, he always came punctual to the minute—I always drove him the same way, down the Brompton-road, over Putney-bridge, and up to Putney-heath; always to one spot, a small hill of grass where be used to get out and cross a small ditch, and walk direct round the heath, always among the thickest of the furze and gorse bushes, never on the footpaths—he always walked round at the back out of my sight for about ten minutes, and I used to go along the road and meet him again when he had had his walk at

one particular spot; near a pond which he used to pass in his walk, and he would frequently stop there, and stand and notice it for a few minutes, and then run and jump into the cab—he would sometimes order me to go as fast as I could gallop, and then he would pull me up, and order me to walk down Roehampton-lane—I then used to take him to Barnes-common—he used to get out at one certain place there, and take a regular walk over the common among the furze-bushes and briars—I used to take him up again at a certain point, always the same point, and then drive him home—he would sometimes stop at a nursery-garden and buy 1d.-worth of flowers; we always came the same road home, over Hammersmith-bridge—his manner was very peculiar in the cab—his manner of ordering me first to gallop, then to stop, and jumping from one side of the cab to the other—as I sat behind, I used to open the trap and look through, my curiosity was very much excited—it used to be dark in winter-time driving down Roehampton-lane, a large avenue of trees; it would be dark before we got to Barnes-common—he would walk through the furze-bushes there in the dark, hail, rain, blow or snow—while in the cab he would sometimes jump and start very much, and sometimes he would sit still and never stir the whole journey—he used to have a small cane with him, which he used to flourish about this way and that way—I cannot say whether this is the cane (looking at the one produced)—it was similar to it, if it was not that—he would lay on the front of the cab and take the cane and cut it this way and that way—I do not know what performance it was; he seemed to be thoughtless, or something of that kind—I suppose some sudden thought caused him to jump and start, as if he did not know what he was about—many respectable people on the road would stop me in their carriage, and gentlemen on horseback, to ask who or what he was, whether, he was not a madman—this lasted every day for fifteen or eighteen months, without any interruption, whatever might be the weather, and Sunday the same—he used to pay me every day when I brought him home—at first it was 10s., and afterwards reduced to 9s.—I do not know how it came to be reduced—he said to me one day that he should only give me 9s.—he paid me with the 9s., and he contined on paying that, and I never contradicted it, as it was a sufficient remuneration for the journey—he always paid me in shillings, never anything but shillings, and they were always placed with the man upwards, and all the men's faces one way.

COURT. Q. How did he pay you so that you could see that? A. I used to notice them after I took them out of his hand—he handed them to me all in a lump, not one by one, one on the top of the other, and dropped them down into my band—the toll at Putney was 6d., and at Hammersmith 4d., and 3d. at Stamford-bridge gate, which made it 1s. and 1d.—he used to have 10s. every day and 1d., and the shilling and the penny-piece always laid on the seat, I could see that—it was not two sixpences for the toll—I believe it was 1s. he gave at Stamford-bridge gate—the persons at the cab-stand, and where my cab stood, used to make observations about Mr. Pate, and very singular observations too.

MR. ATTORNEY-GENERAL. Q. Why was it you left off driving him? A. Because he could not afford to ride any longer—he did not tell me so; he gave me no reason—when I went the next day the valet told me that Mr. Pate did not want me, and if he wanted me he would send for me—sometimes when he went through the furs✗e and gorse-bushes, I have seen his clothes as wet as if he had been in a pond—he appeared very pleased at a hail-storm, if he was walking—I did not make a bargain with him at first—he gave me 10s. without asking the price—I cannot say what my proper fare

would be—I know what the legal fare would be, but going off the stones we sometimes demand more—9s. might suit me better to-day than 10s. tomorrow—the fare would be 9s. 4d.—he had rather the best of me by the 9s. payment, but it was very suitable to me—it was two hours a day regularly, to a minute.

COURT. Q. When was the last time you drove him? A. About two years ago.

CHARLES MASON . I keep a livery-stable, in Dyson's-yard, Park-lane. I have known Mr. Pate for some years—he had horses from me from the summer of 1846 up to the first week in Nov., 1846—he then had an accident with one of them—the horse fell, and threw him, as he came in at the Victoria-gate late one evening—since the spring of 1847, I have seen him in the winter about twice a week, and in the summer about three times a week, passing my place in Park-lane and in Piccadilly, as near two o'clock in the day as possible—lately my attention has been very much attracted to a strangeness in his appearance and manner—there was not that gentlemanly, friendly acknowledgment that he used to me, but a great deal of irritability, and especially in the middle of May; so that I told my foreman I had great apprehensions that Captain Pate, as I always called him, was losing his senses—there was a very marked change to when I first knew him—he was wild in appearance, and it seemed as if he was annoyed by the attention that I always considered due to him, being a customer—he used to return it very friendly formerly, "How do you do, Mason?" and lately he would wave his stick in his hand.

JAMES STARTIN, ESQ . I am a surgeon, living in Saville-row. In 1849 a sister of Mr. Pate's came to live in my family for a time—I think Mr. Pate came with her the first time—I had seen him previously to that—I first noticed him in the winter of 1848—I was walking with my wife in Kensington-gardens, and he passed me—she drew my attention to him, and I said, "It is a poor insane man"—I observed so great a peculiarity about his appearance and manner, that I told my wife not to attract his attention, for fear of the consequences—he was walking in a strange manner, at rather a rapid pace, throwing his arms about, and throwing his legs out in rather an extraordinary manner—he did not walk like anybody else, and his look was odd—he neither looked much to the right or left—it was the look of a man whose mind was not perfect—I saw him afterwards, from time to time, about town, and his manner always struck me—I did not at that time know who he was—I did not recognize him the first time he came with his sister; I did the second time I saw him—he came to my house about eight or ten times while his sister was living there; that is, I saw him eight or ten times—I had opportunities of conversing with him on a few occasions—his conversation was very peculiar—there was nothing very remarkable about it, certainly—there were no insane remarks—occasionally he used to start subjects, and leave them off very abruptly; and occasionally he would throw a degree of energy into what he said that did not at all correspond with the subject; and then at once he would cease from conversation, and retire in a sort of sulky manner—I have seen a great many insane persons, and I should put him down as such—his conversation was not that of a rational man in the perfect command of his senses—there was no delusion—the only delusion I think I might mention was, that on one occasion there were some gentlemen rather eminent for classical attainments in my room, and I was trying to persuade him to qualify himself for a classical education, as he had given up the army; and he said he did not think there was any man in England of sufficient classical attainments

to give him an education, or to teach him; and of course I ceased the conversation at once—I had at one time, for three years, opportunities of seeing insane persons at the Birmingham Infirmary, a parochial establishment, and all the recent insane cases came under my eye for that period—the result of his manner and conversation was to produce an impression on my mind that his father ought to be communicated with, and I did communicate with him.

MR. ATTORNEY-GENERAL. Q. Are you any connexion or relation of the prisoner's? A. No relation; my brother married his sister—that was in 1849—that was the sister that came to reside with me.

COURT. Q. How came she to come to you? A. I have known Mr. Pate, senior, for some years—it was a matter of friendship—she did not come to live with me because I was a medical man.

MR. ATTORNEY-GENERAL. Q. When was it you made the communication to the father? A. In Nov. 1849—I think he had previously seen Dr. Conolly—I am not aware that he did anything in consequence of my communication.

MR. COCKBURN. Q. Did you give the father any recommendation as to following the advice of Dr. Conolly? A. I forget whether the father informed me whether he had seen Dr. Conolly or not, but I told the father it would be well not to excite him, or I thought there might be some rashness—I meant that he might commit some act upon himself or his relatives—I advised that his father should soothe him.

GEORGE FEARON GARDINER . I was on duty as beadle at the Burlington Arcade—I have, while there, noticed Mr. Pate at different times—I have always looked at him when he came in, and looked after him—I have seen him cutting away with his stick, sometimes backwards and sometimes forwards, and I imagined he was not altogether right in his senses—I have seen him stop at a window and look round, as if somebody was after him, and then start off as fast as he could go—sometimes gentlemen have asked me if I knew him, and who he was, and said he appeared like a madman—his manner was very eccentric.

JOHN SQUIRE (police-inspector.) I have known Mr. Pate about town for some time—my attention has been attracted to him by his eccentric walk about the streets—he was wild in gesture, and peculiar in his gait—I have looked round and wondered who he was—his manner was such as to attract attention in passing along—he had a peculiar action of sometimes putting his hand in his waistcoat—I never saw him without a stick, and he used to pass it backwards and forwards as he passed through the streets—I never saw him hit the passengers—in consequence of his manner, I used to call him "Old Cut-and-Thrust."

MR. ATTORNEY-GENERAL. Q. How long have you observed this? A. I cannot say exactly—I have been in the present division fourteen years and two months, and I have been constantly in the habit of seeing him several times a day—I have observed this eccentric and wild manner since the commencement of the present year—I did not report it—I did not consider there was anything to report; I considered him harmless—I never saw him watched by the police.

JOHN MULLING . I am gate-keeper, at the Buckhill-gate, Kensington gardens. I have seen Mr. Pate come through about two years, or two years and a half ago—he came soon after one, always within a few minutes of the same time—he used to walk in an unusual sort of way, throwing himself about, and swinging his stick about—he attracted my attention, and that of

those who were passing at the time—I never saw him speak to any person, only staring about—it is about two years and a half ago since I first saw him, and I noticed him till I lost sight of him soon after the account of what happened to Her Majesty; I think the day after.

THE O'GORMAN MAHON , M.P. I have known Mr. Pate between ten and eleven months—I have seen him occasionally at Mr. Startin's, and elsewhere—I have frequently had opportunities of conversing with him—from the first day I saw him I had an impression on my mind that he was not a sane man—that impression was confirmed almost on every subsequent interview, so much so that it became matter of conversation between myself and my companions—his manner, appearance, and conversation, all led me to that conclusion.

MR. ATTORNEY-GENERAL. Q. You have associated with him, I presume? A. I have occasionally—I found him very much alive to the feelings of a gentleman.

Q. And knowing what he was about? A. He possesses that species of instinct which guides animals, and so far as that, I should say he did know what he was about—I think from his education and habits he would shrink from doing an ungentlemanly or dishonourable act, knowing it to be wrong.

COURT. Q. You think he would not do a wrong act, because he would know it to be wrong? A. Certainly.

MR. COCKBURN. Q. Do you think he would do a disloyal act, or an act of this kind, if he knew it to be wrong? A. He was the last man in the world who I should suppose would be guilty of a disloyal act.

THE REV. CHARLES DRISCOLL . I live at 60, Sloane-street, and am lecturer at Bow Church, Middlesex. I have known Mr. Pate, by sight, from a year to a year and a half—I afterwards became personally acquainted with him, at Mr. Startin's—before that my attention had been called to him by his appearance and manner, and I had formed an opinion as to his state of mind before my introduction to him—I afterwards had conversation with him, and saw him at Mr. Startin's—the opinion I had formed as to his state of mind was not altered by that—my opinion was, that be was not in his sound senses—on the 27th June, I was going to dine at the Army and Navy Club, and as I was going there in an omnibus I saw Mr. Pate, about six o'clock, standing at the west side of the east gate of the Duke of Cambridge's house—he stood quietly for about two or three minutes, the omnibus was going slowly by at the time, and then he turned round and walked westward towards Hyde-park Corner, and though I had met him often in the street, yet there was something peculiar in the manner in which he turned about then and walked away, that made me look through the window after him, and to take particular notice of him—he threw his heels up in a much more extravagant manner than usual—he generally wore his coat wide open, as if he wished to air his chest, and he threw his coat back violently, and threw his heels up—he appeared more excited than usual—I did not notice his look particularly, but his manner—I did not see any stick, he generally threw his coat back, and that concealed the stick on that occasion from my view—I dined at the Army and Navy Club, and there I heard of this occurrence.

MR. ATTORNEY-GENERAL. Q. Did he always throw his coat back in walking? A. Always, whenever I saw him, and threw out his heels in such a way that it was astonishing how he preserved his equilibrium—he walked very erect, with his coat thrown back, and raising his heels and throwing them forward in a very extravagant manner—I have met him in society—I have not conversed with him much, he was sulky and reserved in his manner—it was more

in manner and appearance, than insanity of conversation—he bad a short chopping manner of answering, and a very peculiar expression of face—I have met him at an evening party, taking tea in a domestic way—I have not met him frequently—my impression is, that I have met him two or three times, but I can only say with certainty that I have met him once.

JOHN CONOLLY, ESQ ., M.D. I have devoted my attention very much to the subject of insanity—I am physician to the Hanwell Lunatic Asylum—I have seen Mr. Pate since his committal only—I was applied to by his father in Nov. last, and the circumstances of the case were stated to me, including events for some time past—I was aware at that time that his sister was in London, and that he had been brought into communication with her last winter, and I thought, from what was told me, that he was rather improving in his habits, beginning to go into society a little more, and probably, if I was introduced to him, it might produce an evil excitement, causing him to set off again, and give trouble to his friends; consequently, I thought it would be better I should not see him—I recommended a postponement of anything of that kind for the present—I have seen him three times since his committal—I have conversed with him on the subject of this transaction—I tried particularly to understand what his motive could have been in doing it, or what his state of mind could have been at the time—in my opinion, he is a person of unsound mind—I form that opinion from the communication I have had with him personally, together with all the circumstances which I have heard detailed in the course of the case, but certainly, to a considerable degree, from the conversations I have had with him—it appears to me, that in his present state he presents an example of what is not at all uncommon to me, of persons who are very devoid of mental power, who have a very small share of mental power, who consequently persevere in no pursuit, have no object, and are unfit for all the ordinary duties of life.

Q. Have you sufficient of data before you to form a judgment, as to whether he is capable of discriminating between right and wrong? A. I should say, in conversation with him, if you were to speak of an action that was decidedly right or wrong he would very clearly understand it, as clearly as I should myself—I should think it would be particularly part of his state of mind to be liable, at any sudden excitement, to have the malady considerably aggravated from the want of stronger control.

MR. ATTORNEY-GENERAL Q. Do I understand you to say he is not a man of strong mind? A. Yes, wanting in earnestness of intention on any subject, indifferent, apathetic.

Q. I am afraid that is the characteristic of a great number of persons who are perfectly sane, and at large? A. At large; I doubt about their being perfectly sane—of course the line must be drawn somewhere, but I take all the circumstances into consideration in this case.

COURT. Q. Do you perceive any specific delusion at all? A. Not at present; no delusion whatever.

MR. ATTORNEY-GENERAL. Q. And I presume he is well aware that he has done wrong in this matter? A. Yes, and regrets it very much.

MR. COCKBURN. Q. You gather that, from what he has said to you on the subject? A. I do—he seems quite unable to give any account why he did it, or any account of the act at all, any more than it was not done by another person—he does not deny having done it, but he expresses himself very sorry for it—I asked him a great many questions on the subject; he had no motive whatever in committing such an action, no premeditation, no powers of deliberation or reason at the time; but he acted under some strange morbid impulse, which he had no power apparently of resisting.

EDWARD THOMAS MONRO, ESQ ., M.D. I have had five interviews with Mr. Pate since this occurrence—I saw him first on the 2nd of the month at Clerkenwell, and again on the 3rd; and I saw him afterwards in Newgate on the 5th, 8th, and 10th—from my own observation, and from what I have heard to-day, I believe him to be of unsound mind—from his own lips I have heard a statement of what occurred in 1844, in Ireland; how he came away driven by his own imagination that he was watched, that he was persecuted, and I have no doubt in the world that he was then labouring under a delusion—I have heard the opinion which Dr. Conolly has given to-day—I do not remember precisely all the points of his evidence—I agree generally with him, certainly.

COURT. Q. Do you agree with that part of his evidence in which he says there is no specific delusion? A. At this time I am not aware that there is any.

MR. ATTORNEY-GENERAL. Q. And that he was aware he was doing wrong in doing this act? A. Very possibly aware—a madman might choose the wrong and do the act perversely—there are a great many degrees in madness—I think the characteristic of his, is a morbid love of seclusion; no friends, no pursuits, no object in life; that is what I find continually; what I should call an unsound state of mind.

Q. Is he, in your judgment, capable of distinguishing between right and wrong? A. In many things, certainly.

MR. COCKBURN. Q. Is that apathetic state of mind, listlessness and inconstancy, consistent with occasional paroxysms of excitement? A. Oh yes—the whole history that I have heard to-day is quite conclusive to my mind of his being in an unsound condition—I think that a man conceiving he had bricks and stones in his stomach, and being hunted by persons, and imagining that the cook and messman had conspired to poison him, are indications of insanity.

GUILTY . Aged 30.— Transported for Seven Years.

Before Mr. Justice Patteson.