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Murder.

Durham Assizes, Friday,
August 13.

This case, which excited very great interest, was remarkably similar to that of the Ashcrofts. But here only one unhappy woman was in the house. To her murder, however, was added the burning of the house, in order to conceal both the robbery and the murder. In this case, too, as in that of the Ashcrofts, the evidence against the prisoners was entirely circumstantial; but the difficulty was much increased by the lapse of four years since the atrocious deed had been perpetrated.

John Eden, aged 28, James Wolfe, aged 56, and George Wolfe, his son, aged 30, were charged with the wilful murder of Isabella Young, at Herrington, on the night of the 28th August 1815.

Mr Williams opened the case to the Jury. The nature of the charge against the prisoners could not fail to have engaged their attention. Any attempt on his part to excite their attention would be improper, therefore, as being superfluous. But it would be improper for another reason any thing of exaggeration or inflammation which might withdraw their minds from sober and deliberate investigation would be most improper. But there was in this case wherewithal to rouse their feelings, if he were to dwell upon the circumstances. A young woman, helpless and defenceless, was the person brutally butchered; and the house was set in flames to conceal the bloody deed. Such were the circumstances of enormity and atrocity at

tending the case they were to inquire into. But their great business was to inquire who were the persons that had perpetrated this atrocious deed. He would shortly state the outline of the evidence to be laid before them. Isabella Young had been in the service of Miss Jane Smith, since Lady Peat, a lady of great opulence, and of singular habits and manners. One of her singular habits was to have only one female servant in her house. Miss Smith had been from home for a week previous to the murder, and had left Isabella Young in her house at Herrington, a village four or five miles from the town of Sunderland. Isabella Young had been alarmed the night before this fatal attempt; she had heard the bar removed from the door, and in consequence had solicited a neighbour to sleep with her on the night of the 28th of August 1815. Her solicitation failed; but that neighbour heard her bolt the door at 10 o'clock. Another neighbour found her about two o'clock next morning murdered. The house had been set fire to; but the fire had not reached the part where she was at the time she was seen, and dragged out. That the murder had been committed by some persons or other would be proved, therefore, beyond all controversy. He would now

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state to them the evidence which affected the several prisoners. John Eden had been a soldier in the Durham militia, who marched into Newcastle on the 26th of August, the Saturday before this tragedy. would be proved that he was absent from his regiment on the night of the 28th and the morning of the 29th ; and if the Jury would believe one of the witnesses, they would find that Eden called at that witness's house on the evening of Monday the 28th, and told him, that he and two others

were going to Herrington on a very disagreeable business, and spoke of Miss Smith's mouldy money. An idea had prevailed that she had ac cumulated money; this had excited cupidity; and her retired manner of living gave hopes of gratifying that cupidity. Eden spoke of her mouldy money, and if the witness should be believed, and he knew no reason why he should not,-they would find him that night upon this very business. Eden had been a keelman. In the evening he had been in blue clothes; and next morning he was seen neatly dressed, and having a bundle, (no unimportant circumstance,) twelve miles from Newcastle. He had every appearance of having changed his clothes. On one occasion he said he could establish an alibi, and prove that he was at Newcastle. There he certainly ought to have been, but he would be proved by the muster-roll to have been absent. He would now proceed to James Wolfe. He had held a farm from Miss Smith, and had fallen in arrear with his rent. She had become displeased with him, and got rid of him. It would be proved that he had afterwards, on many occasions, said he would be revenged, and that he was not done with her yet. In addition it would be proved, that in December 1814, on a remarkably windy day, when a wall had been thrown down, and had killed a man, a circumstance that naturally fastened on the memory, Wolfe mentioned to a James Shaw the pretended wrongs and injustice done to him by Miss Smith, and said that he would be revenged. To Shaw he remarked that it would be easy to rob her house. Next as to George Wolfe, he had been remarkably regular in his employment, which was that of a furrier, at Bishop Wearmouth; but on the night of the 28th he was absent, and when he re

turned on the morning of the 29th, he was observed to have a black eye, and to have scratches on his face, as if done with nails. His first account of it was, "I was drunk, and fell in the streets of Sunderland." On another occasion he said, one of his children had been unwell, and he had risen to get some water for the child, and hurt himself. He was apprehended in Edinburgh and a pocketbook was found with him, which he said he had got from the family of his wife six years before. Lady Peat would prove this pocket-book to have been hers, and to have been in her dwelling a week before the murder. Such was the evidence which would be laid before them; they would weigh it with that measured consideration and that attentive caution which it was their province to exercise; and they would, he doubted not, come to such a conclusion as the evidence warranted.

Mr Holt stated he was counsel for the two Wolfes.

Mr Wilkinson said he was counsel for John Eden.

Evidence was first given respecting John Eden.

Ann Howe lived at Herrington in the month of August 1815, at the time Miss Smith's house was set on fire; she lived fifty yards from the house, and knew Isabella Young well. On Monday night, about halfpast nine, Isabella Young came to witness's house to ask her to sleep with her, and said she was frightened to sleep alone. Witness crossed the road with her as she returned to Miss Smith's; it was then a quarter to ten. Witness stopped at the window till she got into bed in the kit chen. Witness heard her lock and bolt the door. Isabella Young told her she might go away when she got to bed, and she went away. She saw her next morning murdered.

John Ramsay lived at Herrington at the time, and was disturbed about two o'clock of the morning of the 29th: he got up and saw Miss Smith's house in flames. He went to the house, ran along a passage, and at the kitchen door saw Isabella Young lying; he dragged her out, and perceived no sign of life in her. She was undressed, and had her under petticoat grasped in her left hand. John Creduce, surgeon at Bishop. Wearmouth, was sent for, and saw the body on the morning of the 29th. He found two large wounds on the back of her head, and a fracture on the right side of her head. The blows had undoubtedly occasioned

her death.

James Lincoln, a seafaring man at Sunderland, knew the prisoner Eden for twenty years. In 1815 Eden was in the Durham militia, and had previously been a keelman at Sunderland. About five o'clock in the evening before this woful affair happened, Eden came to the witness in his own house, stood on the middle of the floor with his hat on one side of his head, and appeared very groggy. Witness sat in an arm chair, and smoked his pipe. Eden had on a blue jacket and trowsers. He said, "James, I am going to Herrington to-night; will you go along with us?" Witness said, "I don't know." "Why, James?" Eden said. "I am going to Herrington on a very disagreeable piece of business; I don't know whether I should go or not." "Well, John," said witness," don't go." "Do you know any body about Herrington, James ?" Witness said, "Not many." He said, "Do you know one Wolfe?" Witness said, "I know Mr Wolfe, the gaol-keeper, at Durham." He said, "That is not the man; this is a farmer man; he was farmer to Miss Smith at Herring.

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ton." He said, "I warrant you know Miss Smith, James." Aye," said witness," and her father many years ago.' "That," he said, “is the house we are going to to-night, and I expect Wolfe is the man that will go through the business: I would not give a d-n for a man if he cannot go through his business. This is the third night and the last night I shall be at Herrington, and tonight I mean to do something, and I have to be at Newcastle at six o'clock in the morning, for I have run it. If you go to Herrington with me to-night, James, I don't know but I'll be able to give you more money than you can work for, for twelve months." "John," said witness, "I'll not go." He said, "No man need be frightened to go along with me, for I would never give that man or woman leave to stand before me in a Court to condemn me. I don't want you to go into the house with us; I'll tell you what to do when you get there." "John," said witness, I'll not go." "No, James," said he, your heart lies in the wrong place; before you go with us, you will sit there till you perish like a thoul" (a pin for fastening boats to; the phrase was common there.) "No, John," said witness, "while I can walk up to the colliery and ask for a bit of bread." "Why, James," he said, "I am sorry at nought, for we shall have to do away with the poor lass before we can go through with this piece of business." Witness said, "Don't go, John." Eden replied, "I promised to go, and go I will. Miss Smith's maiden is a bit of a sweetheart of mine, and to-night I expect to make her confess where all Miss Smith's mouldy money is. The b-ch denied me what I wanted of her; but to-night I'll have her whether she will or not-but I mu'n (must) away." He took a step to

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wards the door, and turned suddenly round to witness again, and said, "James, you need not take any notice of what I have said to you. But I need not mind, for you are not that man able to go through that piece of business. Good night." He then ran down stairs, and witness saw no more of him till about seven weeks after, when the regiment was disbanded; he had no further talk with him. Next morning witness heard the dreadful news that the house was burnt down, and the poor maiden murdered. That was in Sunderland, about ten o'clock. Witness saw Eden and his wife together, when he had been at home about two months: Eden and his wife had very high words. The wife said, when she was felled by him on the floor, "O you villain! I could hang thee for a word."

Cross-examined by Mr Wilkinson. He was master of a small sloop, about the conclusion of the war. When the sloop was laid up by the owners, he was out of a birth. He was obliged to sell his furniture, and got his subsistence mostly by going up to the collieries to beg a bit of bread. He came now from the workhouse. He had seen Eden about a fortnight before the 28th of August. Eden had never said any thing of this any other time. Eden had never gone out of Witness never mentioned a word about it till about three years after. He always wished and prayed it might fall upon some person rather than on him to put it forth, for he knew it was a very dangerous business. (To a juror.) It was not from regard to Eden, but because his own life would not be safe in Sunderland, and he must now leave Sunderland with his four children. A reward of two hundred pounds had been offered. (To the Court.) He could not say he expected the reward: he

the way.

would not refuse it. One hundred pounds had been offered by an advertisement from Bow-street-office, and one hundred pounds by Miss Smith. He never knew Savory, but he understood he was a gingerbreadbaker at Bishop-Wearmouth. He said, "We have got Savory." He meant that he was in custody upon that charge.

Re-examined in chief. He spoke of Savory about two months ago. There was a great talk of Savory coming from America. There was a talk that he had brought with him some golden images from 'America. (Miss Smith was a Catholic.) Hearing that Savory was coming home prisoner concerning the images, he might have said in the streets, "We have got Savory." He meant nothing respecting this murder or robbery, as imputed to Savory, only the golden images, it was said, had been in the house, and Savory was said to have bought them. He had been in the work-house, but never in his life charged with a crime.

By the Court.-He was examined before the magistrates twice, and mentioned the same things. He thought he had stated that Ěden had said he must be at Newcastle at six o'clock in the morning, for he had run it. (This was not found in the examinations.)

Edward Kellet was acting as a watchman at Sunderland, when the murder and burning happened. He had known Eden from a child. To the best of his belief, he saw him on the morning he heard of the robbery, between four and five o'clock, hetwixt the Townhall and Bodewell-lane, in Sunderland, having on a regimental jacket, a regimental cap, and white trowsers. He had no side-arms, and was carrying nothing. He was very clean. Another man, who was with

him, carried a bundle. He saw Mr Watkin, Mr Davison, and two other gentlemen on the morning on which he heard of the robbery. To the best of his belief, but he was not po. sitive, that was the morning he saw Eden.

Cross-examined by Mr Wilkinson. Eden did not bear one of the best of characters. Neither of the other prisoners was the man with him. Elizabeth Clark lived in Herrington, knew Eden by sight, knew Miss Smith's house, and saw Eden in the house on the Sunday afternoon before the robbery. There were some papers on the parlour table before him. What he was doing with them witness knew not. Miss Smith was not at home. Witness did not see the girl. Witness looked, because she was surprised to see a stranger man there. She had seen the girl a little before. He was dressed in a blue jacket and trowsers.

Cross-examined by Mr Wilkinson. He looked at her, but did not seem alarmed. When she saw him at the time she was before the Magistrate, she had not the presence of mind to recollect that it was the same man. But upon recollection she afterwards became perfectly satisfied that it was the same man.

Ann Howe (again) saw Isabella Young on the Sunday, in the afternoon, standing at the door, and walked with her about half-past seven, towards Sunderland, about a mile from Herrington. They met several men, and one man in sailor's clothes, with whom they entered into conversation: witness never saw him before: Isabella Young was acquainted with him: he was a tallish man, pock-fretted, with a thinnish face. Witness left Isabella Young with him for about ten minutes. He had asked Isabella Young how she was. After he had left them, he called to Isabella Young, that he

would be up some night that week: she said, "Well John, I don't want you." John Eden, the prisoner, was the man; she was certain of it.

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Cross-examined. — He was coming from Sunderland: he was very mild when he spoke. She was never sent for to be examined before Tuesday last: she could swear that was the very man.

John Close was in the Durham militia in 1815, a corporal. They marched into Newcastle on the 26th of August 1815. John Eden was in the same company. He had a wife. A guard report was kept in order to mention the prisoners confined, and the nature of the crime. John Eden was absent from the company on the 28th day of August. Witness recollected that very well. Eden had been absent on the evening parade of Sunday, and the whole day Monday. The report he held in his hand had been made by his direction, and in it he was entered absent for two days. (The report was unintelligible to the Court, and was most unintelligibly explained by the witness.)

Evidence was next given with respect to George Wolfe, the son. William Boyd, a police-officer of the city of Edinburgh, had searched the flat (floor) occupied by George Wolfe, on the 27th of October last, and found a pocket-book in a chest, which was not locked. His wife and three officers were with him. That shown was the book; he had made a small tear upon it for a mark. George Wolfe had not been present.

Cross-examined by Mr Holt.-At that time Wolfe was employed as a furrier, with Grieve and Scott. Wolfe was not present. He was sent to England about the 8th of November. Witness saw him again at Edinburgh, in the Cowgate, at large.

Lady Peat (an elderly personage, of peculiar appearance) remembered having Isabella Young in her ser

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