The Express.
London, England, 1868-10-31 00:00:00

CENTRAL CRIMINAL COURT.

(Before Mr. Justine Bs)
PAW, Layer, • very aged man, who had a long white
beard and moustache surrendered to take his trial upone
a charge of frivolously wounding Ellen Garnett, • girl
eleven years old, and caring her bodily harm.
Mr. Tater prosecutor ; Mr. Montagu Williams was
courier for the defence.

Thu case was of rather a peculiar character. The pri-
soner was formerly • captain in the army, and it was
stated was close upon eighty years of age, and retitled at
a place called Clayilon-villas, near Honelydown ; sad on
the 9th of October the prosecutrix was in her own garden
with some other little girls, playing. and leak*, a wile,
which no doubt annoyed the prisoner and made him very
angry. Acting under the influence of this feeling,
he appeared to have opened the window of an
up-stairs room in the direction of the profecutrix,
but there was no evidence to show that he aimed the gun
at her, and his object probably was merely to frighten
her. Unfortunately, however, one of the shots appeared
to Lave rebounded from a wall and struck the prosocutrin
on the temple, but happily without inflicting any serious
mischief.

The learned judge expressed his opinion that the charge
of felony could not be supported, but he did not see bow
the prisoner could escape from conviction for unlawful
wounding. It was clearly an illegal act to discharge a
gun under such circumstances, and if the proocutrix had
died, the prisoner would have been certainly guilty of
manslaughter.
Mr. Montagu Williams said he would leave the matter
entirely M the lands of the court.
Thounedin,ary then found the prisoner Gritty of unlawfully
wTheymeoner was then ordered to find a surety in the
saes of lOW. to appear and receivjudgment if he should
be called upon to do so, and the cadge, addreming
ha said, •• If you behave yourself and do not shoot any
more guns out of windows, you will probably die before
you hear any more of this.'
The observation of the learned judge comationed a roar
of laughter in the court.
(Before Mr. Commissioner Kerr.)
Chgerka Berms, 21, was charged with unlawfully
wounding John Street, with intent to do him grievous
bodily harm.
Yr. Gough prosecuted • the prisoner was defended by
Mr. lietaane and Yr. Conti's.

The prosecutor in this case was the thief mate of •
vessel called the Alice Graham, and the prisoner wax a
seaman on board, and according to the evidence of the
prosecutor, the prisoner had miseooducted himself, and
was very violent, and wounded the prosecutor on the arm.
The defence was that the prisoner had been treated with
the utmost cruelty on board the vessel. awl that he had
been kept in irons for • period of 101 days without any
bed to lie upon, and that be was chained up with a dog
chain round the body for 60 da,fs, and the chain had cut
into his body, and he exhibited the marks that had been
made by it to the jury. The caw on the part of the
prisoner, under thaw circumstances, was, that all that he
did was in self-defence.
The jury defeated the prisoner, and the learned Com-
missioner expressed his opinion that the matter ought to
be investigated by the Board of Trade.
The jury said they entirely concurred in that opinion.
nooses Bervy Bennrit, 21, and John Brounett, his
brother, 24 who were convicted of • robbery and
feloniously receiving cheques to a large amount from
the proprietors of Brewers Quay, were brought up for
judgment.
The former prisoner was sentenced to eighteen months'
hard labour, and the latter to be kept in penal servitude
for live years.