when the court looked at her conduct, as the nominal opposer of the will, it could not consider that she was entitled to her costs. But there was a further question as to costs. The executors had propounded the papers in an improper manner, and having failed in establishing them, the court would be bound to condemn them in the costs; but the difficulty was to say whose costs they should be condemned in. The legatees had failed; Mrs. Goodlake had come forward in reality to support the case they set up. But the court, for the sake of public justice, in order to prevent such experiments for the future, and to mark the court's disapprobation of the manner in which the executors had brought their case forward, by a suppression, if not a misrepresentation of facts, should condemn them in the costs incurred by Mr. Hitching in the opposition he had given to the papers.

The delivery of the sentence occupied nearly six hours and a half.

The proctors for the executors gave notice of an appeal from the court's decision.

NEWCASTLE ASsizes, JULY 30. TRIAL FOR MURDER.

Archibald Bolam was charged with the murder of Joseph Millie, on the 6th December, 1838.

The prisoner pleaded, "Not guilty."

From the statement of the counsel for the prosecution, it appeared, that the prisoner had, for sixteen years, held the situation of actuary to the savings bank of Newcastle, and had performed the duties of that office with satisfac

tion to the parties connected with the establishment, as well as with high credit to himself. In November, 1837, the deceased, Joseph Millie, had been taken into the office by the prisoner, as a temporary clerk, and subsequently became, through his influence, permanently engaged in the office. During the time that Millie was in the office, it had been remarked that he received singular marks of attention and kindness from the prisoner, who had even been in the habit of having meat dressed at his house, and then sent to the residence of the former for his children. Millie was a man of 54 years of age, had, in days gone by, been in business at South Shields, but failed; had become a widower, and was left with four children. On the 4th of December, two days before the murder, he was appointed to the clerkship. On that day, he was invited by the prisoner to dinner, and the porter of the establishment also received a similar mark of kindness. Towards the close of the year, when the accounts were being made up, it was usual for the prisoner and the clerk to remain at the office as late even as 9 or 10 o'clock at night, and on the present occasion, Thursday, the 6th of December, the prisoner had taken his dinner there, it having been sent to him. Millie, however, went home to dinner, at half-past 3 o'clock, and returned. The bank was situate in a stack of buildings, called the Arcade. The door of the bank opened into a sort of vestibule, which was common to all the other parties who lived in the various flats of the building. On opening the door, there was a staircase leading from the left hand side of the vestibule up to the three flats

which were above the offices used by the bank, the latter being on the ground floor.

The first witness called in support of the prosecution was the porter, Matthew Cree, who deposed, that on the day of the murder, when he left the office, at half-past 3 o'clock, the prisoner and the deceased were sitting to gether, "side by side, at the table, near the fire, like two brothers." At this time, the door of the waiting room, which opened into the Arcade, was locked, and the key placed in its usual place. On the 4th of December, witness dined with Bolam, at his house in Gateshead; Mr. Millie, the prisoner, and himself, made up the party. After dinner, Bolam filled a glass of wine to Millie, drank to Millie's health, wished him long life, and hoped he might long enjoy his situation.

Two of Millie's children, a boy and girl, of 12 and 15 years of age, deposed, that their father was to have gone home to his tea at half-past 4 or 5 o'clock, on the 6th of December, but that he never returned to his home, after he had quitted it at dinner-time.

The next witness, a watchman, of the name of Moore, went on his beat that afternoon at 5 o'clock, and he stated, that he was stand ing near to the door of the bank in the Arcade. There were, at that hour, many persons flocking to the post-office, which was in the Arcade. He continued about that spot until near 10 o'clock, shortly after the post-office was closed, and he did not observe anything occur sufficiently remarkable to attract his attention. Moore was succeeded in his duty by a person named Davis, who went into the Arcade at a quarter before 11

o'clock. At that hour, the outer door of the bank was open, and continued so until half-past. At 12 o'clock, Davis saw that the door was closely shut, and then walked on to the end of the Arcade, and having arrived under one of the windows of the room looking into Manor-chase, entered into conversation with another person, with whom he there met. That conversation, it was stated, was carried on in so loud a tone of voice, that it could have been heard in the bank, and was actually overheard in Pilgrim-street, by Miss Latimer, a dress-maker. This witness stated, that being that night unwell, she had risen several times, and that on neither occasion had she seen either fire or smoke issuing from the bank. Even as late as half-past one she had looked, and saw nothing. About 20 minutes to 2 o'clock, however, a dim light was observable through the windows of the waiting-room. The light was similar to that proceeding from a fire which was going out.

William Dunn, apprentice to the proprietor of the Newcastle Courant, deposed, that he went past the bank, at 20 minutes past 2 o'clock, on Friday morning, December 7, to put some papers into the post-office. At that moment, he did not observe any fire, but on his return, he saw smoke coming up on the outside, and a glarelight within. He instantly ran to the newspaper-office, and informed some persons who were there, of what he had just witnessed, and they all proceeded to the spot.

Daniel Golding, one of the police, was in Pilgrim-street when the fire began. I first saw it about 20 minutes to 2 o'clock. I

went to the police-station, and gave an alarm of "Fire." I then came through the Arcade, from the bottom end. I came to the outer-door of the savings-bank; it was open, and the flames were breaking through the inner door of the waiting-room. Nobody else I was there then. The door into the bank and the waiting-room were both shut. I went to call a turncock to get water. I was away three-quarters of an hour. I then went into the waitingroom, to assist the firemen. The fire was nearly gotten under. The safe on the left hand next the door, was open; the key was in it; the outer door of the safe was wood, and burnt. The iron door was open, the key was in it, and the papers burning. The wainscot of the room was all burning, and some of the floor.

James Robson.-I am a lacedealer in the Arcade, on the same floor with the savings-bank. On the evening of the 6th of December, I was in the shop from halfpast 5 till 9. After I left shop, I went to Mosley-street. I returned home a quarter before 11. I found the door open as usual. I closed it. It locks with a spring. To open it from the inside, a key is not necessary, but it is from the outside. There is no doorway into the savings-bank. During the time I was in the shop, I heard no cries. At a quarter before 11 I saw no fire; I heard no noise. I went to-be about 12 o'clock. I was alarmed between 1 and 2 by a servant-girl. She slept in the next room to us. I got up, and found the smoke coming upstairs into the room. I roused my wife immediately. We got out of our bedroom windows upon a ledge and so got down. Three persons

have keys of the outer door in the Arcade-Mr. Green, Mary Bolam, and myself. I should not have heard a disturbance in the bank, unless it was very loud.

It

William Appleton, foreman of the firemen of the North British office. I received an alarm of fire. I took my engine to Manor-street, at the low side of the Arcade. Michael Elsey, William Gray, and Thomas Walker, were with me. I entered the front of the Arcade; I entered the bank door. A man named Wardle was with me; he is since dead. He was at the door with the branch pipe of the engine directing it towards the safe in the waiting-room. I requested him to play on the inner door, which he did. I then stepped up to the door, and tried to open it. went open a little way, and forced itself back again. I tried again, and it did the same; it repelled back; I tried it a third time, but could not get it open. I tried again, and forced it open with my foot; it then gave way readily; the panels came out and fell upon me. I did not feel the same repelling force as before. I went to the waiting-room again. The engine was still playing there. I then went to the bank; but for the smoke went back. There was so much noise without, that I could not have heard any voice within. In a second or two, I went forward again into the bank. I knew the premises; I had a deposit there. I

advanced to the fire-place; there were some red cinders in the fireplace. When I got near, something catched me by the foot. I put my hand down, and found it was a man's leg. I cried out, "Here's a man." I went back to the waiting-room, and having obtained a lantern, I returned to the

bank. Two men were standing over the body; one was Joseph Armstrong, the other, inspector Bell. Armstrong was cashier of the bank. I passed to the head of the dead man. I cried out, "O, men, there must be more than this." I turned to look round the room, and the light of the lantern shaded on the head of a man who was lying on the floor; I cried out, "O, here's another man." He was resting on his left elbow, with his head near the high window which looks into Manor - chase, the nearest window towards Pilgrim-street. His hat was on, and his plaid on his shoulders. When I said, "Here's another man," I saw him distinctly turn his head, and look at me. He opened his eyes; I said, "O it's Bolam." I knew him well, and had done so 14 or 15 years. He dropped his head and shut his eyes, and fell on his back. I stepped up to him, pulled his hat off his head, and his plaid from his shoulders, and lifted him up. I let the hat and plaid fall on the floor. I raised him on his breech, and by that time, a number of people had come up. When resting on his elbow, he could see the partition door. I said, Take hold, I will get on the table, and open the windows." The fastenings were on those in Pilgrimstreet. I could not get them open. I tried those in Manor-chase, and opened the shutters; the fastenings were loose. Alderman Dunn came up, and several others. Mr. Dunn got hold of Bolam's wrist, and said, "There is a pulsation." Bolam was lifted upon the table. A person fetched a basin of water, and he was asked if he would drink. He did not speak, but motioned with his mouth. It was

handed to him in a basin; he took two mouthfuls of it. Some one said, "Take him to Mr. Glenton's;" that was done: I saw a wound in his neck; I can scarcely say on which side. When his neck-cloth was taken off, he had a flannel on, and the wound was there. I remained in the bank. There were candles, two in one stick, standing on the table opposite the fire-place. The candles might be from four to five inches long. The police requested me to leave my lantern. I said, "No; here are candles, we will light them," They were so close cut down, that I could hardly light them. I think they were moulds. The body of Millie lay on the hearth-rug. This witness's evidence was corroborated by that of two of his assistants, as also by Joseph Armstrong, cashier of the savings-bank, from whose evidence we subtract the following. Bell and I attempted to go into the bank; we could not, at first, for the smoke, but in three or four minutes we got in. We went to the table at the end of the desk. I went towards the fire-place, I struck something with my foot. Bell turned his lantern, and looking down I saw Millie's body lying on the face. The arms were doubled up under the body; one at least was. The body was quite cold, and very stiff, and lay on the hearth-rug. I saw a man lying on the ground. He was lying upon his shoulder, resting on the elbow. His head was not down to the ground; it was hanging on his left shoulder. I saw his plaid lying across his hip. I cannot remember if his hat was on at that time. When I came he was raised up, I think by Little, one of our men. He looked up with his eyes,

and his head drooped down upon his shoulders. He was raised up by the shoulder; I think his head was raised by his own effort. Mr. Glenton, the surgeon, came, and Bolam was taken away to his house in a chair. I went to Glenton's a few minutes after; Bolam was lying on the kitchen table; his dress was cut a good deal. His shirt breast was open and very bloody; the blood was wet. He was smacking his lips, as if attempting to swallow. He moved his hands and head occasionally. I then went to the office for a quarter of an hour. I came back to Glenton's. Bolam was then sitting in a chair in the kitchen. Several were then with him. He was speaking when I came in. He said, that in consequence of receiving an anonymous letter that day (the Thursday) threatening to do him harm, he was induced to go home about half-past 5 o'clock in the evening, and Millie had previously gone to his tea. On his (Bolam's) return, about 7 o'clock, he found the bank door locked. He opened it with his own key, and put it in his pocket, and on going to his desk, he saw Millie lying on the hearth-rug, as he thought, asleep, and on attempting to open his desk, he thought he heard some person behind him. He turned round and received a blow on his temple, which knocked him down. He got up again, and ran shouting to the window. The person followed him, and threat ened that if he made any noise he would serve him as he had done the other man. He received a blow and fell. He felt a person cutting at his neck. He became insensible, and did not recollect anything more till he heard some person going about the waiting.

room. He said it was a little man about the middle size, having on a frock coat, and his face blacked. He said he had shown some of the letters to Mr. Bulman, and said to me, "Mr. Armstrong, you know about that." He said he had left the letter he received on the Thursday lying on the desk in the bank. I never knew of any letter threatening him. A twelvemonth before he showed me a letter ordering the payment of some money, but we could not find the name in the books. I looked for the letter the same morning, but never found any. I afterward went to examine Bolam's desk. I found it in its usual state. The keys were in but the desk was locked. It was opened by a policeman. Bolam had the key of the safe. It is fire-proof-that by the side of the door. He always had the key of the outer door of the safe, and of the inner safe also. I have known Bolam above 16 years. I have been cashier of the bank seven years. He was in it when our acquaintance began. As a man of integrity, humanity, and goodnature, I never saw anything but good of him. I had known Millie upwards of 12 months. I never knew any altercation or quarrel with them. We lost a book at the fire, but we have a duplicate. We find no inaccuracy or deficiency at the bank, or in the accounts what

ever.

Edward Bell, sub-inspector of police, referred to by the last witness, as having entered the bank with him, corroborated his statement as to the finding of the body of Millie, &c. The poker was bent, and had hair and blood adhering to it. There was also blood on the fender and tongs. The hearth-rug appeared saturated