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IMPORTANT MEDICO-LEGAL TRIAL-THE PLEA OF

INSANITY.

ROBERT HANCOCK (41, N) was indicted for the murder of his wife, at Northam, in August last, and was tried at the Winter Assizes, Dec. 15, 1855. The prisoner, on appearing at the bar, was visibly affected, and on the charge being read, sobbed bitterly, and was scarcely able to utter "Not Guilty."

The prisoner is a mild-looking man, of the labouring class. He is about 40 years of age, and has light hair and whiskers. He was attired in a fustian jacket and dark trowsers. Throughout the trial, he was often affected to tears, and his restless eye and perturbed manner showed the anxious feelings which were working within him.

Mr. Karslake and Mr. Bere prosecuted; and Mr. Cox defended the prisoner. Mr. KARSLAKE, addressing the jury, said the investigation upon which they were about to enter was one which demanded their very serious attention. The charge against the prisoner at the bar was no less a charge than that of murder upon the person of his wife. He (the learned counsel) was glad that they (the jury) had been chosen from a part of the county far removed from that in which the occurrence took place, because he would not have them brought into the jury-box in any way prejudiced by anything they had heard outside this court; and if any of them had preconceived, or prejudged, he hoped they would dismiss all such prejudices from their minds, and listen only to the evidence which would be laid before them. Having said this much, he thought he would best discharge his duty by detailing the particular acts and particular circumstances which took place prior to the decease of the unfortunate woman as to whose death it was their duty to inquire. Robert Hancock, the prisoner, had been married to his wife more than twenty years. There were two children by the marriage, but neither of the children were living with Hancock at the time of the death of the wife. He and his wife were living together at a small cottage at Northam, near Appledore, a town or village situated upon the sea, at the mouth of the estuaries of the rivers Torridge and Taw. He believed that for about seventeen years the prisoner and his wife had been living at Northam, and during the greater part of that time they lived in peace and harmony, and behaved to each other as man and wife ought to do. But for some little time before the dreadful occurrence, which took place on the 1st of August last, bickerings and quarrels existed between man and wife, the result, in a great measure, of a jealous feeling entertained by the prisoner toward his wife, which was constantly showing itself in observations, revilings, and quarrels which took place. He (the learned counsel) did not know whether the prisoner had any cause of jealousy or not, but certain it was, from many observations they would hear detailed, that he had frequently charged her with having been too intimate with a man named Punchard, and she, he regretted to say, did not give that contradiction to the charge which was made against her which she ought, but rather fostered the charge, and represented herself, at all events, as having been intimate with Punchard. home this was a constant cause of irritation, and a constant quarrel; and at last, on the 1st of August, that dreadful occurrence took place which formed the subject, or rather, which had led to the investigation which they were now to enter upon. It seemed-and without going into the quarrels specifically, he would take up the case as regarded the facts of it, upon the 1st of August, the day on which the unfortunate woman was killed, that about three o'clock in the afternoon of that day, the prisoner was with his wife in the house of a woman named Hele, and while there, one of those violent quarrels took place

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between them, and expressions were used by the prisoner towards his wife which he would not repeat, but leave to the witness Hele. The prisoner was one of the labouring class, and his wife also had been in the habit of labouring in the fields and during what was called the lime season, the time of year at which vessels from the coast of Wales came to Appledore with lime, both of them were frequently in the habit of working, heaving limestone, that was, discharging it from the vessels. The quarrel which, as he told them, took place on the afternoon of Wednesday, the 1st of August, appeared to have been to a certain extent, indeed very considerably, quieted up between the man and wife, and on the evening of that day they both proceeded to Appledore, for the purpose of getting a job at lime heaving. It appeared that when they got there, there were a sufficient number of persons already engaged, and in consequence they could not obtain any work upon that occasion. It appeared that the prisoner and his wife came home together as far as Northam. They came home in company, and, as witnesses who would be called before them would tell them, apparently at that time on good terms, the prisoner doing some little act of civility to his wife, in carrying a bundle of rough clothes which she had taken with her to put on in prospect of getting work at lime heaving. They were then in company, and they were never seen together again; and the wife was never seen alive after that time. About nine o'clock on the same evening, the prisoner was seen to light his pipe at the house of a woman named Jane Saltern, at Northam, and at eleven o'clock he was seen going in the direction from his house, in a lane called Back Lane, in the village of Northam. The prisoner was not seen again till two days afterwards. On the morning of the following day, Thursday, the 2nd of August, some suspicions being entertained, in consequence of a child which had been taken in to nurse being heard to cry in the house of the prisoner, the woman, Jane Saltern, opened the up-stair room in the house, and she there found upon the bed the body of Phillipa Hancock, dead. In company with others, examination was made of the person of Phillipa Hancock, and very shortly afterwards, it was found that beyond all doubt death was caused by a most severe blow inflicted upon the left temple and the throat being cut. The pillow and bedclothes were covered with blood. The hammer by which this deed was committed was lying upon the pillow, and there could be no question whatever in this case that the wounds which appeared on the unfortunate woman's person were not self-inflicted, but feloniously inflicted upon her. Search was made for the prisoner, who was not in the house, and he was not found during the next day, but on the morning of the following day, Friday, the 3rd of August, he was seen in a tallet, which the jury would know was a loft above a stable. He went from there, and went across some fields, and afterwards gave himself up to a man named Dennis, his brother-in-law, who was seeking for him in the village of Appledore. He (the learned counsel) had told them the facts which would be presented before them in this case by witnesses, and it would be material for them to listen attentively to these facts, because, in all probability, they would raise a very strong presumption that the hand which committed the act upon the person of Phillipa Hancock was the hand of the prisoner at the bar, and the more so when he told them that he gave up a razor, which, no doubt, was such an instrument as caused the wound in the throat, to Dennis and the constable. There was some blood upon the hammer found on the pillow, and blood upon the blade of the razor. He (the learned counsel) had stated to them what would be spoken to by witnesses who had knowledge of the facts of the case, and probably it would be better that he should not detain them by statements made by the prisoner subsequently, as they would be laid before them by the witnesses to whom they were made. They would find by these statements the fullest admission of the fact that by his hand that murder was committed, and that it was committed first by

blows from a hammer, and afterwards by the throat being cut by the razor. These were the facts which would be laid before them, and he believed they must bring it home to the prisoner as the man who murdered his wife. His friend Mr. Cox was for the defence, and he was at a loss to understand what defence he should make, but he (the learned counsel) would have an opportu nity, if he called witnesses for the defence, of again addressing them on the facts. The learned counsel then called the following evidence:

Jane Saltern-I am the wife of Henry Saltern, and live at Northam. I know Robert Hancock, the prisoner, and I knew his wife. They lived at Northam, near me. I have lived in the village all the days of my life, and the prisoner and his wife have lived there 16 or 17 years. I remember Wednesday, the 1st of August last. Prisoner came to my house at nine o'clock that night to light his pipe. I lived next door to him. I was called by Mary Bere on the following morning, and I went to Hancock's house-the door was unlocked, and I went in. I saw the prisoner's shoes and his wife's shoes at the bottom of the stairs, and then I went to the foot of the stairs and called upon them both. There was no answer.

By the JUDGE-A little child, about three years of age, lived in the same house with the prisoner and his wife, and no one else.

Examination continued-I then went up stairs, and saw the deceased, Phillipa Hancock, lying on her right side on the bed. I saw the marks of a blow on the side of her head. She had a cap on, and there was blood on the left side of her head. I was so frightened that I ran downstairs and hollaoed "murder." This was about half-past one o'clock in the day. I saw George Labbitt, and said to him-" Phillipa Hancock is murdered." Before this the prisoner used to throw-up (or accuse) to her, Punchard, and threaten her life. He was a mason, and living at Northam. The prisoner and his wife had been next-door neighbours to me about six months, and during that time there had been frequent quarrels between them. I have heard the prisoner say he would murder her; he said so in my house, and in the presence of his wife, about a week before the 1st of August, when the crime was committed. I heard him say that he should not be easy until he had killed her, and he would then kill himself afterwards. I never saw him in a passion in my life; it always seemed as if there was something out of the way with him.

His LORDSHIP-What do you mean by that?

Witness-I think there was something the matter more than common, because he put out such naughty words.

Mr. BERE-To whom did he use these words?

Witness To his wife. I cannot repeat what he said—they were bad words such as I would not use.

His LORDSHIP-Were they unchaste words, imputing to her that she was a bad woman?

Witness-Yes, sir; that's what he meant, with William Punchard.
His LORDSHIP-Did he use coarse and vulgar expressions?

Witness-Bad words. He seemed not to be in a passion, but spoke them as if he meant what he said.

Cross-examined-She had known him for many years; and it was about two years ago that she heard he was in the habit of using these words. She only heard them from about six months ago. She did not know he was so bad before that-it was different from what she had ever heard of him. He was always very kind except in this matter with his wife. Punchard lived at the head of the street, not many yards from the prisoner's house. I have heard other people use hard words, but they were not like the way he did it. From the odd way in which he did it, I thought there was something wrong about it. By the JUDGE-I did not think he was in his right mind in using such bad words to his wife.

His LORDSHIP-Do you mean to say that you thought he was under a mistake and from his mind being wrong he imagined these things?

Witness-I thought there was something more than common about him and I was struck with his making these charges against his wife. I thought he was bringing a false charge against her. I did not think there was any truth in it, nor that there was any cause for his jealousy. I was on intimate terms with his wife, and never saw anything going on wrong. I never saw Punchard go into the house, nor never saw anything going on wrong between him and deceased.

Re-examined-I had heard deceased say to prisoner, "Why should you throw it up to me, when I bain't deserving of it.” At one time, and before this happened, Punchard lived in a house next but one to the prisoner, and after that prisoner's wife came to live next door to me. I have seen prisoner, deceased, and Punchard together. These were the only times I ever heard prisoner use bad words when he was accusing his wife.

George Labbitt-In August last I lived near Hancock-two houses and a garden separated us. I had known prisoner and his wife about seven years. remember being told by Jane Saltern of something having occurred. This was about half-past one o'clock. I went to Hancock's house, which consists of three rooms, two up stairs and one down. I went up stairs, and saw the deceased lying on the bed on the floor; there was no bedstead. She was lying on her right side; her legs were across, and one leg was partly uncovered. The bed clothes covered the top of her person. I saw blood on the side of her head and the strings of the cap were saturated with blood. Her right arm extended across the bed. A hammer lay on the pillow by the side of her head. There was no razor; I did not look for any. The deceased was lying as though she was perfectly composed-her left arm being across her stomach. I did not examine her wounds; Philip Dennis came before I left. I went down stairs and brought Willis with me, and I then left the body, which was quite cold and stiff. Dr. Pridham came to the house whilst I was away. I was absent for a quarter of an hour and when I returned there were several persons there, among them being Dr. Pratt and his son. The latter handed the hammer to

his father, which was the same as I had previously seen. I put a screw over the latch, so that the door could not be opened without removing the screw, and the hammer was left in the room. The prisoner was not in the house on the day in question. I made search for him about the outskirts of Northam, but could not find him. I have heard the prisoner and his wife quarrelling as I passed the door, but nothing more.

Cross-examined-It was lately that I heard them quarrelling, since they removed to the house next to the first witness.

Philip Dennis-Philippa Hancock was my sister. I heard from Jane Saltern, about half-past one o'clock on the 1st of August, of her being dead. When I went to the house, many people were in the bed-room. I saw my sister lying in a pool of blood, with the hammer on the pillow by her forehead. It was a large hammer. Mr. Pridham, surgeon, came afterwards, and he sent for Mr. Pratt. I came away with the rest of the people, when the door was screwed up. There was a little child in the house, which my sister took care of, but it was not her child. My brother-in-law and sister had been married 20 years, and lived in Northam 17. They had two children, one 12, and the other 16. They both lived in service. Hancock was not in the house when I was there. I found the remains of raspberry pie on the table, with a cup of cream and two plates, just as they had been used, in the down-stairs room. I and others made inquiries for Hancock in the afternoon, but I could not find him. On the following Friday I was at work at Knapp, a half a mile from Northam. I saw people going across a wheat-field, and saw a man going over a bank. I followed, and went in the direction I supposed him to have taken. I afterwards saw NO. I.-NEW SERIES.

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Hancock; he came up to me from a ditch, out of a brake. Shortly after that, a man named Parkhouse came up, and I had some conversation with the prisoner. I said, "Oh! Robert, what have you done ?" I did not hold out any threat to him. He said, "Oh! Philip, I have killed your sister." He then took hold of my hand, and said, "It is that rogue Punchard who has caused me to do it." [Here the prisoner, who had hitherto assumed an attitude of prayer, took a little book from his pocket, which appeared to be a Catechism, and commenced perusing it very devoutly.] I asked him what he had done it with, and he said he had done it with the hammer and the razor. I asked him where the razor was. He said, "I have it in my pocket; but I shall not give it to you, because it is bloody." I did not examine his pocket. This was said before I joined Parkhouse, and when the prisoner first came out from the brake. I asked him what time he had done it, and he said, "About half-past nine." I then saw Parkhouse and others assembling together in a field, and I and Hancock went up to them. I then repeated my question, before these persons, as to the time he committed the crime, and he told me half-past nine. We then all went on to Northam, where we met Braund, the constable, who took him into custody. Braund asked him why he had done it, and if he had a knife. Prisoner said he had no knife, and gave him up the razor. I saw the razor; there was some blood on it. I afterwards went to the lock-up, where Braund and the prisoner were. The latter was, I think, locking the door. I asked prisoner again what could possess him to do it. He said, "I can't tell you-I've a done it." I said, "What could have possessed you to do it, when you came from Appledore together in the presence of James Dymond, and appeared to be comfortable?" I added, "When you both ate supper together, which was raspberry pie." I said, "We found the pie and cream with it." Prisoner said, "Yes, there was some cream, for I fetched it myself. Then we ate supper together. I thought to go to bed comfortable, but she would not let me come into bed. I said to her, 'If you will not let me come into bed, I will go again.' I then went over to William Cleverdon's, and got a half an ounce of tobacco." Thomas Braund was then present, and said, "Cleverdon says it was on Thursday morning at nine o'clock that you had the tobacco." He said, "No; Thomas Cleverdon's mistaken; it was Wednesday night I had the tobacco. When I went in at the door, there was a little maid coming out with a loaf. William Cleverdon tended me with the tobacco himself. I filled my pipe in his own house. I went towards home, and lighted my pipe at Jane Saltern's. I smoked my pipe at the corner of the chapel, where I spoke to Thomas Harris. I smoked out my pipe, and went into my own house. I went up stairs to go to bed, and took the hammer and razor with me. I asked her then if I should come into bed, and her said, 'No, you shall not come into bed.' I said to him I believed she was asleep. He said, "Her was not asleep." I believe he said, "I asked her the third time if I should come into bed: then I gave her a light knock on the head," but he did not say what with. Her cried out "Oh! Robert, don't hurt me.' He said, "I fancied I saw a little blood there; I thought I might as well go through it as not. I rose my hand and struck her very lusty, and the blood gushed out. After that I threw the hammer directly down. Then I cut her throat-I thought I would put her out of misery as soon as I could. I remained in the house until about eleven," but he did not say whether he meant night or morning. He then said, “I left my house and went up Back-lane. I met three men up at the corner of Burrough" (which is a farm-house near the Burroughs). I said, "Yes, Robert, if it's true, you were met there." "Then I went down towards Cleveland (which is a gentleman's house), and crossed over Thomas Bellem's field. I came out by Crosse's, and went down over Mr. Partridge's field, and came out again by Holywell. I crossed again over Mr. Partridge's field, and came towards Lewis' Hill. Then I intended to have come to see you, and tell you what I had done;

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