BURGH.

Trial of Robert Emond for

Murder.

On Monday, February 8th, the Court of Justiciary proceeded to the trial of an indictment charging Robert Emond, grocer and draper in North Berwick, with having, on the night of the 25th, or morning of the 26th of October, assaulted in her own house, at Abbey, near Haddington, Katharine Franks, and her daughter Madeline, with a table knife or hatchet, by which they were mortally wounded, and died immediately thereafter.

Marion Inglis deposed to the position of Mrs. Franks's house, and to the dress which she and her daughter wore on the day of the murder. On the Monday morning witness's little girl went to Miss Franks; but returned immediately, saying she could not get in. Witness saw the shutter closed, and was afraid they were unwell; it was thought they had gone to see Mrs. Emond. On Wednesday morning witness was present at the discovery of the bodies, and described their situation. Understood the mother and daughter slept together. Mrs. Franks told witness a week before, that, having sent some boxes to North Berwick to Emond, when she arrived there, she found them open, and accused Emond of opening them, and some hot language occurred.

between Emond and Mrs. Franks, as told by her, witness believed that Emond entertained evil purposes against Mrs. Franks.

Lord Gillies said, he considered it his duty to notice the very distinct evidence given by this witness.

James Storrie, miller.-On the Wednesday, went over their garden-wall, where he found Mrs. Franks in the stye, lying with her face downwards; gave the alarm; Madeline Franks was found dead in the bed-room; the key of the outer door was lying inside the window of the kitchen.

Alexander Dudgeon, miller, corroborated the former evidence.

John Lloyd, superintendent of police at Haddington, heard of a murder at the Abbey, on the 28th October. Went to the place. The blood on the floor was covered by the carpet. There were footsteps in the room,-not of a naked foot, but of persons having on shoes; they were in different parts of the room, but chiefly about the body of Madeline, and they were quite dry. The room was in confusion, and the articles in the drawers had been pulled out. The drawers appeared as if they had been broken open; there was a secret place in them, which was open. The foot-marks were chiefly as if the person had been going to the door. One of the marks was the print of an entire shoe; the others were chiefly from the impression of the heel;

some of these were perfectly distinct, and had been made by an iron heel, which had a double rim, with small round tackets between the outer and inner rim. All the marks were apparently of the same shoe. There were no marks of tackets on the front part of the shoe. Shewn a pair of shoes, which are the same that he compared with the marks on the floor, and with which they entirely corresponded. The distinct marks on the floor entirely corresponded with the shoe now shown to witness, both in the heel and in the body of the shoe. First saw

Emond about six o'clock on Wednesday night at Mrs. Franks's house. He came into the kitchen, when witness asked him, as he was the nearest relation of the deceased, to go into the room and see the bodies, but he refused to do

so.

He did not assign any reason for not doing so, but retired nearer the door, and appeared to be in a falling state, when witness got a chair for him, on which he sat down. He seemed much agitated. At that time there were some women in the room, dressing the bodies. Having been told soon after, that the bodies were dressed, witness asked Emond to go into the room, which he did. The bodies at that time were both covered up. Prisoner did not look at the bodies, nor at the bed on which they were, but fixed his eyes on the clock, which was at the furthermost part of the room. Witness got instructions on Wednesday night to apprehend Emond, which he did, and he found him sitting in Mrs. Franks's kitchen. When witness told him he was his prisoner, he asked in a stammering way, for what? He told him he was accused of the murder of

Mrs. Franks and her daughter, when he replied, "who could say that?" Made a search in his house at North Berwick, in the presence of the Sheriff and general Dalrymple, and there found the shoes with the iron heels; they were in general Dalrymple's hands, and were those he compared with the marks on the floor, which he did on the Saturday. He found in the house a blue coat, a pair of trowsers, a shirt, and a pair of worsted stockings. Being again shown the shoes, he observed a black mark in the hollow betwixt the heel and the front of the foot, on one of them, at the time he got them, which resembled blood, and the same mark was still on it. There was blood upon the wristband of the shirt, and on the righthand pocket of the trowsers. Did not observe any blood on the

coat.

Katherine Franks, being only eleven years of age, was not sworn. She stated, that she lived at North Berwick in the house of Robert Emond; his wife is her aunt. On the Sunday before her mother's death, she went to church at North Berwick, leaving her aunt and Emond at home; she returned immediately after church, and found her aunt with her clothes torn and her back wet. Her mouth was a little blistered, but not cut; Robert Emond was in the house at the time; he took his dinner at home, and nothing particular passed between him and his wife during that day. Emond and his wife usually slept together, but on that night he went up stairs to another room, and witness slept with her aunt, who secured her door inside. Heard no noise during the night; she arose about eight next morning, and went up to the room

where Emond slept, but she could not get in; the door, however, was not locked, but fastened inside; she went for a Mrs. Cron, who came and tried the door, and also a Mr. Paterson, but none could get in-nor did any person speak to them from the inside. A small ladder was obtained, and Mr. Paterson went in by a window, and let in Mrs. Cron and witness, but Emond was not there. Not long after this, he came in, and from his appearance she was frightened to look at him. Thinks he said, "How are you all this morning?" He had a dark coat on either a blue or black coat. His trowsers, when he came to the fire, smoked, as if wet; they smoked up as far as the knees. His stockings and shoes were wet with mud; and she observed him soon after brushing them. She asked what had made his stockings wet, and he said his shoes were too large She also inquired where he had been that morning, and he said he had been at Dirleton-walking by the sea-side. There was no quarrelling between him and his wife that morning, but he continued to sleep in the room up stairs both on the Monday and the Tuesday. The witness was here shown the shoes: she said, "These are the shoes he was brushing, and they were wet at the time.'

James Paterson, teacher, North Berwick. Robert Emond was his near neighbour. Witness's house was under the same roof with that of Emond, and was approached by the same garden door, which led to the public street. On the Sunday before witness heard of Mrs. Franks being dead, he shut that door, and fastened it inside, but found it open next morning. On

Monday morning was asked by a Mrs. Cron to go to the door of the room where it was suspected Emond was asleep. He went, but did not get in; the door, though not locked, was prevented being opened by something heavy being placed against it. He, however, by means of a ladder, entered at a window in the roof, which window was ten feet from the ground; but there was a barrel standing under it at the time. The bed in the room had not been slept in that night; and the door was found obstructed by a chest, a basket of clothes, and, above all, a table. Saw Emond that day in his shop, about one, but he asked him no questions. He seemed very tired and confused; he said, "this is a terrible business; I am so confused I do not know what I am doing. Mrs. Franks is the cause of every disagreement between me and my wife." He said she was expected that day; and asked, was he obliged to take any abuse from her? He wished witness to assist to make a division of the shop goods, because he could not live any longer with his wife, on account of the disturbance Mrs. Franks had caused. He gave no explanation of what he meant by the expressions-"this is a terrible business." He said he had gone out by the window at five in the morning; had wandered in the fields, but had been obliged to return to North Berwick.

John Dunbar, North Berwick, knew the prisoner. Shortly before the murder of Mrs. Franks, Emond said, "there never would be peace between him and his wife while she and Mrs. Franks corresponded." Saw Emond in his shop on Tuesday-he then

seemed much affected. Witness asked what was the matter-panel said, the devil had been very busy with him.

Alison Webster, or Bolton, resides at Dirleton, which is about two miles from North Berwick, on the road to Haddington. Shortly after eight on the Monday morning, before witness heard of the murder of Mrs. Franks, Emond called at her shop, and asked for a biscuit and a jug of water, which he got. His appearance struck her very much; it was so different from his usual look. He was all blood about the mouth, both above and below. His pantaloons were rolled from his ancles up wards; and he was agitated, and his tongue faltered. Witness said she was surprised to see him so early in the morning; when he replied he had been walking about the coast for two or three hours. She did not observe any blood upon his clothes.

John Walker, slater, North Berwick, met Emond on the Monday morning, about a quarter past seven o'clock, near Fenton; the panel was coming in the direction from Haddington, and going towards Dirleton. There were two persons with witness at the time, to whom he remarked, that Emond was surely mad. His dress was in disorder, his pantaloons folded up, and he carried a piece of checked cloth in his hand. His mouth was dirty; but it did not strike witness that it was bloody.

William Dalgetty, saw Emond on the Monday morning at Dremmill, about six miles from North Berwick-he was going in the direction of the latter place. Observed a reddish mark on his coat, between the elbow and hand.

Hugh Goodlet, on the Monday, met the prisoner going towards North Berwick, between five and six o'clock.

Robert Tait, late prisoner in the jail of Glasgow, stated, that he was brought to Edinburgh on the 21st November, and put into ward No. 5 of the jail on the Calton-hill. Daniel A. Murray, who was included in the charge with him, was also in the same cell. Emond was, at his own request, allowed to sleep in their cell after the 29th November. He slept two nights in the same apartment with them, namely on the Saturday and Sunday, but not on Monday, because witness was that day brought before the Court. On Saturday, the panel gave a sort of history of his life. said he was a man who had been very strict in his religious duties

He

that he had been a soldier, and even then attended closely to those duties; that he had lived comfortably till lately, when his wife and he quarrelled; and could not live in peace, because she had been stirred up against him by false reports-he did not say by whom, and witness put no questions to him. When the panel talked of those subjects, his mind seemed to be eased. He said, that he intended to have gone on a Sunday to the sacrament of North Berwick, but his wife had caused a quarrel. That he left home that night, and did not know where he went, till he found himself again near his own house in the morning. He said he could not account for where he had been; and that he went and attempted to pray, but could get no utterance, and arose from his knees ashamed. One morning after being shaved he came and said, that as blood

had been found upon his clothes, he meant to instruct his agent to account for that by the tenderness of his face when shaved. On the Tuesday morning, after one Adams had been tried and sentenced, Emond remarked, that he did not think a thief should suffer death; adding, surely, if they were so severe with Adams, they would be much worse with him, if the charge of which he was accused was made out. Witness said, "Did you really do it then?" Emond replied, "Oh yes, but do not speak of it. The very thought of it goes to my heart like a knife." He said, all that he remembered was his being in his sister-in-law's house; that he got entrance to the garden from a private road, and from the garden to the house through the windows. He remembered having some words with her, " and it was done." He said, he was surprised when he heard of the girl being also dead, for he did not recollect having seen her at all.

D. A. Murray corroborated part of the preceding evidence.

The Jury, after an absence of thirty minutes, returned an unanimous verdict of Guilty.

He was then sentenced to suffer the last punishment of the law, at Edinburgh, on Wednesday, March

17.

He confessed his guilt.

AYLESBURY, MARCH 5. Trials of Benjamin Tyler and Solomon Sewell for the Murder of William Edden.

Benjamin Tyler, aged 32, and Solomon Sewell, aged 20, were put to the bar, charged with having killed and murdered William Edden, at the parish of Haddenham, on the 25th of October, in the

year 1828, by striking and beating him with a hammer.

Mr. Andrews stated the case for the Crown. The deceased lived at Thame, about ten miles from Aylesbury, the market of which place he was in the habit of attending. On the day on which he was murdered, he had been at the market, which he left about five o'clock, in company with a Mr. Bass, in a cart. In the course of an hour and a half the cart of Edden was found in the road, without the horse; some of the harness was lying by it, and the body was at a short distance in the road. On the following morning the place, in which the body was found, was searched, and marks of men having struggled were discovered, and marks of corded breeches, as if the wearer had knelt on the ground. About a week before the murder, the two prisoners were in company at Thame, and one said to the other, "It might be done easy;" to which the other replied, “It might hang me;" and a few days after the murder, the prisoners having a quarrel, Sewell was overheard to say to Tyler, "I could hang you at any time." On the day following the murder, Tyler was observed to be scraping some roaddirt off the knees of his breeches, which were corded, and which he had worn on the previous night; and under his table a hammer was found, apparently covered with road dirt. Sewell was, shortly after the murder, taken up for poaching, and it being stated to Tyler, that he had "split" about the murder, Tyler replied, "Then we shall all be hung together." He was asked, "Why need you fear?" Tyler replied, pointing to a cup which stood on the table,