A man named Fawcett said the prisoner had not time to open a knife; it was a clasp knife.
Henry Thompson, surgeon, said he examined the wound. It had passed through the abdominal muscles, but did not puncture the intestines. There was no alarming symptoms attending the wound. Witness attended the prosecutrix 8 days.
Whinnem, a policeman, said he approached the prisoner; he asked him if she was his wife, and he said she was not his lawful wife. Witness asked why he struck her as it was a serious thing, and he said he did not care while she went to such places as she did. Witness searched him and found a knife with 2 blades. He asked which blade he had done it with, and he said with the largest one.
The examination of the prisoner, taken before Richard White Esq, was put in and read. It stated that he could bring 20 witnesses to prove that he had been insane for 5 weeks. He was willing to die for her, provided she was brought to some decent place. In his defence, the prisoner said they had been living together 6 years and every day knit her closer in his affections. They lived together in a comfortable sphere of life till he lost his palce by ill-health. He then came to Sunderland, and was obliged to accept a situation as fireman on board a steam boat, where his wages were small, and they had frequent disputes about laying them out. She then left him and went to a brothel in Sunderland. Being anxious to reclaim her, he went and asked her if she would come back to him. He had lent her 14 shillings to enable her to go to place, and on 1st December he called to ask her for it, and she said she had no money. He then took out his pen-knife and threatened to cut off her pocket, when she snatched the knife out of his hand and ran into the house with it, and he followed her and tried to take it from her. When she called out that she was stabbed, his heart sank within him, for he knew that it must have been done in the scuffle for the knife. It was not likely that he would have gone there to stab her before so many people.
Fawcett and the prosecutrix were re-called by the Judge, and they denied the prisoners statement. His Lordship then called Mr Green, the Governor of the gaol, and questioned him with regard to the sanity of the prisoner. Mr G stated that he had no reason to think that the prisoner was not in his right mind. The surgeon of the prison was also called and he said he had no doubt that the prisoner was perfectly sane. His Lordship then summed up the evidence and said, if the jury should think that the prisoner was in a state of insanity at the time he committed the deed, they would acquit him of this charge, and he would be detained until her Majesty's pleasure should be made known with respect to him. But to be insane it was not enough that he should be subject to fits of violent passion; they must be satisfied that he was labouring under some mental delusion, which rendered him incapable of distinguishing between right and wrong. If they thought him in his senses at the time, they would judge of his intention from his conduct. The jury then retired, and after a short consultation, returned a verdict of guilty on the second count, and the prisoner was sentenced to be transported for the term of his natural life.