The Express.
London, England, 1850-10-28 00:00:00

CENTRAL CRIMINAL CCU
OLD COURT.- SATURDAY.
Bartow us Iwoann.
Colon or lIIANst.AUGETSIt AGAINST A POLICINAN.
Nathaniel Eaton Bushell, 26, a respectably dressed man,
sermadared to skit his trial upon a oeroner's inquisition,
charging him with the manslaughter of times Geary, by
sulking arid beating him with a policeman's stet, and by
easing him on the ground and kicking him.
Several witnesses were then gossiped on behalf of the pro-
sacutioe, from whose testimony it appeared that at 12 Weis*
at night on Saturday, Aeg. 17, the prisoner sod the deceased
man, who wee a plasterer, and resided in Conway.court, Miry.
Mono, a place inhabited by the lower order of the demised%
countrymen, were seen is High-s.reet, Marylebone, the
latter being in custody of the prisoner. At this time the
deceased wee repeuenred to have been lying upon the ground
with his heed over the kerbstone, and the pruner was stated
to have been kneeling open his chest with his hated in his
neckerchief. The slater of the deceased went up and en-
deavoured to audit him, but the prisoner ordered her off, and
told her she had hatter keep out of freebie. Some other
constables then same up, and the deceased got upon his feet,
and he was then shoved against the street rall.ec, and, att-
ending to the evidence, the prisoner struck him a great
many violent blows with hie staff upon the head, shoulders,
and almost every ether pert of his body, and eases of the
withers' stated that be also kicked him with groat violence.
It was also deposed to, that while the deceased mat
was being used in this manner, his brother Maurice
Geary interposed by telling the prisons? that he Would
report him on the Monday following, end upon this thepri-
sower making use of a bad expression at the same time,
ordered one of the constables to take him into custody, and
he wee also lodged in tt a station house. The next morning
the deceased man wee bailed out, and when he came home
he complained of great pain all over his bode, and he Wail
found to be ly bruised. He was in bed the greater
part of Sandals, and on the following morning the deceased
and his brother Maurice were exunined et the police office,
whet the magistrate discharged the deceased on account, as
it was alleges, of his having received some injury during the
affray, hut his brow ter was flood ten shillings for resisting
the police in the execution of their duty. Thee el, ceasd
man, it appeared, was unable to go to his work for a
fortel.ht alter the cienirrence, when he again resu.ued his
occupation, but could not continue at it more than ten days,
when he again took to his bed and remained very ill until
the 26th of September, when he died. These were the main
foes of the case, but some parts of the story told by the wit-
nioes were very improbable, and there were also many
glaring discrepancies in their evidence. Some of the wit-
nesses represented, for instance, that during the whole tran-
saction the deceased never made the slightest resistance tO
the officers, bat, on the contrary, he expressed his desire to
walk quietly, and 'eked them to let him do so, but that
notwithstanding this the prisoner and another sergeant con-
tinued beating him deliberately with their waves all the
way they went along. The sister of the prisoner also stated
that altar the examination before the magistrate the pri-
soner did net come home until late at night, while his wife
MOTS positively that he went home immediately, and that
he was so ill that he was obliged to go to bed, and there was
very little doubt that for a considerable period on this day
the detested was with his brother in a public house. Daring
the ethessexamination of the witnesses by Mr. Bells:sties,
several of them gave such evasive answers and fenced with
the questions that were put to them in each a manner that
the learned judge though' ithis duty several times to inter-
fere, and theist that they should give direct answer..
Mr. O'Flaherty, a surgeon residing in the neighbourhood
of Conwaydoreet, deposed that the deceased man was brought
to his shop by his wife on the Monday after the occurrence,
and upon examining him he found that his right arm wee
very much braised from the shoulder to the wrist. There
was also a bruise on the right side of the face and a clot of
coagulated blood on the right ear. Be likewise observed the
mark of • blow under the ear. He complained of being hurt
on other parts of his body, but from his dereription of the
symntouss witness did not think it necessary to examine
further. The injuries he observed were of rather a
severe character, but not so mush so as the description of the
violence mentioned by the witnesses would have led him to
expect. The blow under the ear was a dangerous one from
its locaity. Re prescribed for the deceased, and told him it
he got worse to send for him ; but he heard nothing more of
him until the 20b September, when he found hint in bed,
and he complained of severe pain in the side which was
sgeravated by breathing, and other symptoms of ignites's-
two of the tithes. He died a few days afterwards, and
witness did not make a post mortem examine. ion until two
days from that event, when, ea is usual in cases where death
arises from acute inflll7lMatlol2, the body was in an advanced
stags of decomposition, and it prevented him from observing
if there were any marks of violence upon it. When he
opened the chest he discovered that the immediate cause
of death was influxmatioa of the pleura. This disease
won the natural result of a cold, and he did not
think that the injuries received by the deceased in
this care had anything to do with the death of the
man. Violent injuries might indirectly occasion such a dile
' ease, inasmuch u they would have the effect of depressing
the system, and rendering a person more susceptible to cold.-
In answer to further questions, Mr. O'Flaherty said he did
not thick the injuries in this BIM bad anything to do with
the death. If one of the ribs had been broken, and had in-
jured the plum, that would have accounted for the intim-
motion at once, but that was not the case in this instance,
and in his opinion if the deemed bad not taught cold when
he went to his work after keeping his bed for a fortnight,
he would have survived, and the injuries he received bad
feertainly nothing directly to do with his death.
This closed the ease for the prosecution.
Mr. Ballantine submitted that there was nothing to go to
the jury.
The Recorder said that 'perhaps the jury would say at
this stage of it whether they wished to hear any more of the
OM
Mr. Parry objected to the charge Deice disposed of in this
manner. He said that at all events there would be a quo-
Iles for the jury, whether the prisoner had not committed an
emelt.
The Recorder, after a short discussion, expressed his
opinion that the twat should proceed.
Mr. Ballantire aeoordiegly addressed the jury for the de-
base. He said he was not sorry that he bad to do so, be-
cause he felt that it would be much more satisfactory to the
public and to the prisoner at the bet, a impeccable well con-
dected officer, who had filled, and, notwithstanding this is-
surrenu, was still retained in it by his superiors, the respon-
Obis potation of sergeant of police, that ha should show
them, by the clearest possible testimony, that there was
not the slightest foundation for the charge made against
hiss, and that it was the result of a wicked con-
spiracy, by a class of peewee who, he mioht say, were
almost in a state of natural antagonism to the police and
every other kind of authority. The real facts of the ease
were, that on the night in question the prisoner found it
necessary to take the deceased into custody, and was endea-
vouring, with the assistance of another •ergeaat, to convey
him to the police station, when he made a most desperate
and determined resistance, threw the officers down, and
nearly throttled them. The constables, as was their duty,
' deb ruined upon securing their prisoner, and it must be ap-
parent to the jury that Hen a locality of this description they
were ever to allow themselves to be overpowered, there would
be mend altogether of their influence for the future, and the
outcries of the deceased speedily celled together a number of
his countrymen inhabiting the low courts sod alleys of the
neighbourhood, and who were ever ready for a fray,
end they were hounded on to attack the police by
the brother of the deceased, and under these cir-
cumstances he was quite ready to admit that some violence
was made use of towards the deceased. Be should however
show them, that although the deceased certainly was struck
by a policeman's truncheon, the prisoner was not the man
who struck hied, but the blows were given by another ler-
leant named ht'Craw, and he should call him es a withers,
sad he would till them that ha did use his truncheon to the
deesued, but that le only did so to protect himself and his
brother officer from the savage violates of the deceased and
the other persons by whom they ware surrounded. The
learned manse then commented upon the evidence of the
surgeon, and said it appeared to him that it had completely
pet the prosecution out of court ; but he said he was assured
that when the jury had heard the evidence he should lay
brim them, they would without any hesitation return a
welt that would have the effect of sending the prisoner
%Mb society, sad to the performance of his duty, without
Iffrasktest blemish upon his character.
M'Craw, a sergeant of the same division as the
Mud who upon the night in question was the actin;
was thee usinieed, and it appeared from his
'hat while gab, his rounds on the night inqueeo
sloe his kited ea einem by the prisoner, and upon going to
a plass called Ones peerage, some distance from High-
street, ha found Bothell lying upon the ground, and the
deceased was on the top of him, and they were struggling
together. He pulled the deceased off Bothell, and the
latter said, " See how this fellow has been serving me," at
the same time pointing to his *oat, which was torn quite
away from the collar. They than laid hold of the de-
ceased and were about to take him to the station-house,
bat wise be had gone a short distance he became very
ellikMail straggled and kicked and tripped them both up
ust.
ILS a diasnatintadestp.
toTtuishey
talisotwedneedvioinisagmettwinghabteiniverashadfar
=owN him. In that street, however, a crowd of the
a countrymen had eollected, and they were hooting
sad yelling, and the deceased again struggled desperately
Is get away from them, and repeatedly exclaimed " that no
two —of policemen should take him to the station." He
the* put h band into witases's stork and neal choked
Ids, and notis
having_a staff ef his own, he called outtor ores,
and another constable who had mess up, gave him a mug
and he struck the deceased on the arm with it to make
him loose his held. Dimwit thorn geraght bold of Haskell
la the sae Samar, sad he thrush him again on
the ors, to maks him Save go. Dories this Use, Bushell
mad MENU ware struck award sad the deceased's
basher me silting the sob Sl= San, and relate
the demand ; sad *pea bin Whig le the prisoner, "Bushell,
yen --n, yew droll 6141. of tbk maker day, and at the
et=isessil `deaf e Wks Mid of him, be sawed him into Gu-
ide ed mast positively that the prisoner struck
the ewsw
In mower to a guidon put by Mr. 'Parry, the witams
said that he was betas the coroner in rather an awkward
S them*was as he sent there with Bushell In
order that the Omens might us If they could identify him
se urea the men who had assaulted the deemed. Re said
that be did MI she his evidence upon that wagon bat ha
was sped to krile if he had been required, and he eiplained
that a eallater IPIS in attendance on behalf of tho primes to
maisa tad:C=abils
OW were neat examined, sad has their
that when the dimmed cad Mies brother
,ie," . • , tie station house, they were violent,
llat primes sad 11.(kaw mead Abe and es-
Tkey won both Silted several time darks the
' " and they sada no comphist Wall Thrlaimitiarst, k ivEirt
wed*a•platasatuyvblsaw.
AM Aft tie osmoses she Mood m .. .
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