York, Friday, April 2.
Edmnund Hobian, aged 60, was charged with the wilfat murder of his wife, A.nn l4obson, by drowning ber in a well. The prisoner pleaded "not guiltv." James Bromley, surgeon, was first calledin and examined bv desire of Mlr. Jastice HOLROYD, WbO said thlat it did not appear from the depositions retarned by the coroner, what grounds the inquest had for returning a verdict by drowning; antd as the prisoner was charged with effect ng the death of the deceased in thlat way, unless that was substantiateet in the first itistance, the indictment must fall to the ground, Mr. Broincy stAted; that he saw the bodY of the deecsed on the 4tlh of INarch. lhere were several bruises on the body, and exco- riations on the arms; the left arm was broken between the shoulders and elbow; she appeared very infirm, and teduced in flesh; she was 79 years old; there was much aiscolouration on her sides, which he attributed to long immersion in cold water. Witness underweht a long cross-examination by Mr. D. V. JONES, in which he stated he was nota regular surgeon. That he was convixced the cause of the deceascd's death was not entirely Owing to suffocation or drowning, but, as he finned it, to starvation (exposure to the cold), combined witl the fradture in the arm. He did not open the botly, though he said it was the only certain way to ascertain the tautse bflher death. It appeared in evidence, that the prisoner was a schoolmaster, re- siding at Patrington. His wife was a pergoii ttry infirm, asd so lame shle could not walk without the assistance of a stick, Between eight and lline o'clock on the evening of the 2d of .March last, she 'was sitting with her grand-daughter, -Apparently in her usual state of health. The prisoner had been at a public-house in the neigh- bourhood, and came home much intoxicated; the door not being opened for him immediately oh his knocking at it, he came in nmucb irritated, cursing the deceased fIot not opening it sooner. She replied, " she came is fast as the could." Upon which the plisoner struck her, antl she was knotked dovn on a bench in the school-room. She got up, and came into a yarlour; whither she was followed by the prisoner, who shook her violently by the arim as she was sitting in a chair. Upon her getting up from it, he pushed her back into it, exclaiming, ' D_n you I'll kill you." He was so violent in his conduct, that her grand-3aughter left the house for assistance, and brought her brother soon afterwards to the house. Ii hen they came to it, the deceased and the prisoner were both lying on the ground; he, as before mentioned, much intoxicated, and USing violent threats against the deceased; and she unable to get up, sad crying out for assistance. The prisoner ordered them both (the grandchildren) outof the house, which they left. But the gand-daughter feeling anxious for the deceased,watchee outside, and sawv her go to bed, and soou afterwards the prisoner, apparently reconciled. 'ihis was the last time the deceased was seen alive. The following morning sh1e was founud lying in a well in a garden at the rear of the house. When first discoveredl, part of her back and shoulder was above the water; her head was lying bent on her breast, and her feet appeared to be across the bottom of the well, She was almost naktd, having only on her a flannel petticoat and a shift, with a night-cap an l handkerchief round her head. From the evid, nce of the p, rson who carried her into the house, she was not quite cold when first discovwred; she had an arm brokt n, and some bruises on hvr person, which are detailed in the surgeon's evidence. The prisoner did not betray much symptoms of regret wbn n told what hIad happen:d. From this circumstance, coupled with the facts of his previous treatment, and that when found at the well, the stick which the deceased was obliged to use in walldng was not at the well, the coroner held an inquisition, which found the pri- songr guilty of effecting her dcath by drowning M charged. - The principal evidence against the prisarnr was the wife of his strp-son (son of the deceased.) On cross-examination she admitted that hbr husband was heir to a small Droperty of i51. per year, whill ihe prisoner enjoyed in right of the deceasel for his life, agreeable to the custom of the manor- and that if the prisoner was convicted, he would expect to get into immediate possession. Several witnesses were examtined, all of whom on cross-cxamina- tion said that the prisoner had been always tender, and well-dis- posed to tne deceased. She was much Irritated by the coniduct of the prisoner on the oight in qun,iion, and exdximed- stewished she was dead." The evidence in! other respects was unimportit. The case for the prosectitiun ingdosed, the prisoner strongly protested his innocence, and called a Mr.<Riebley,. who stateid, that the prisoner had lived in the parisinear 40 yetrs, and had been mar- ried to thc deceased nearly 36 yeazes; duiz i~ thzat period they lived iappily' togelher; he: was a tendeif husbsbd to.her, *pd -beievolent to her chlldreis; the wvitntess alw;yis coaid~rsd l11 hir4' f ious and religious turnof mind and extremely affabletomaildmnkind. The prisonermain1tined h1unself nad thedceasedcreditablybyhisscsool. The prosecutor (the iYerseer of the parish) was ilss called, indhe lort itatimonrtobis general good, characetr. 1r, Jastice.HOLOYD' observed to the jury, that as theprisoner was chirted with efcicting the aeth of te deceased by drowning, they should divest themselves ofevery feeling which hia conduct on the nifht previous to the morning on which she was found must create in their minds. The evidence was not suffident to prove that she had cotne by her death in that way, or by the hauds of the pri- so,t~r. There was considerabledoubt on the subject, and if they felt so, the prisoner should have the bener of it. The Juryconsuilted afewv minutes, andbrought in a verdict-Not guUtltli. YORK. Fk1nhy, Avini. 2