The Express.
London, England, 1860-01-06 00:00:00

TEE LAZE BTABBING CASE AT SOUTB

ottlitLbS.

Robert Tally, shipwright, residing in Brunswick-
street, remanded on the charge of unlawfully cutting and
wounding Charles Curl, labourer, was brought before the
South Shields mattiatratee on Wednesday morning. Mr.
Brlgnel appeared for the defence.
Prosecutor, on entering the wi:ness-box, made a remark
to the mayor to the effect that he wee under an agreement not
to appear against the prisoner, but hia worship said the bench
had nothing whatever to do with that, and they must hear
the particulars of the case. Curl then stated that on Sunday
morning about one o'clock, when near Cambridge-street, the
prisoner came up to him, and addressed some observation to
him. Eventually he (prosecutor) struck the prisoner and
almost immediately afterwards he felt himself stabbed le
the arm, between the wrist and elbow. The blood flowed
very copiously from the wound. Curl admitted that he had
been drinking that night, but stated that he WWI not drank,
The prosecutor made a further statement, to the effect that
on Sunday he had been waited upon by some friends of the
Khmer, at whose rolicitatioe he had accepted 30•., and
signed ea agreement that he would not prosecute Tully.
TN' prisoner was not present when this arrangement wee
entered into.

In croweexeminittion by Mr. Brignal, Curl stated that he
was not =alone to prosecute the prisoner, nor was it at his
inetanos that the prowiculion had berm instituted. lie had
attended the court in compliance with a 111/11111X4111 which had
been leaned. - -

Mr. Delziel, surgeon, gave evidence u to the nature of the
wound. It was about two inches in length, had penetrated
through the akin and divided the external reins. The
wound waa not of eerious nature. Mr. Dalziel stated that
after dressing the wound he gent for a police officer, and in-
formed him of the dream/tenor. On Sunday morning
Police-constable Smith apprehended the prisoner.
Mr. Hrignal addressed the bench f a the defence, and, after
admitting that it was a very proper care for investigation,
and that the police bad acted very properly in bringlog it
before the bench, contended that the charge wan shorn of all
those elements which aerially characteri-rd class where the
knife had been used. The ilfence with which the
was charged had not on hie part been premeditated prisoner'
'ha
aggressor in the Bret instance was Curl, who had brought
what be had received upon himself. Having alluded to the
fact cf Curl having received money and entered into au agree-
ment not to prosecute, he asked the bench, considering all
the circumstances, to disables the case.

The bench retired, end on their return into court the
Mayor said they had taken the whole of the circumstances
Into their serious consideration, with the intention of being
as lenient as promible. bat they felt that the can was of so
serious a character that they mut send it for trial. It was
a proper case fur investigation, and one which ought not to
be hushed up by a private arrangement between the prose-
cutor and the accused. The pollee deserved praise for their
conduct in the case. The bench then remanded the prisoner
for eight days. Bail wassocepted for the appearanoe of Tully,
himself in 404 and two annum in 201. each.—if recreate
CAnnsias.