The British Press; or, Morning Literary Advertiser.
London, England, 1822-09-14 00:00:00

MURDER.

Malawi Caine stidiiomas--- Climes were indicted
for aiding and abetting James Gandley in the wilful
murder of James Marty, on the 20th July last.
Mr. ANDUCWII stated to the Jury the case fur the
prosecution, as proved in the following evidence :
Michael Herley sworn, and examined by Mr.
ANDMIWIL—On the 20th Jolly lint I was at the
Cooper.' Arms, in Wes'-street, We.t. Smithfield ;
1 saw Gandley there. Murty and I were *akin a
; rat of beer together ; the Prisoner Cliues came in
soon after Gandley ; they sat down together oppo-
site to where Murty and I were sitting; we fini•hrd
the beer, and Muria got up and was gout{ from the
house ; as soon as he rose he went towards the psi.
sage ; I followed. Grindley walked after us, hut
Marty stayed in passing to drink with a man,
and Gandley, in the mean time, waited, standing
with his back to the bar. As Murty passed him he
lifted up his right hand and struck him on the left
side of the head, which made him stumble; he then
laid hold of Musty by the right arm ; Clines then
came out and dragged me away from parting them ;
I was induced to attempt to part them, as I sew
blood flow from Murty's head ; I saw several other
blows inflicted. Murty kept his legs, for he was
held up by Gandley, insisted by Chile., who sup-
ported hint behind with his two hoods, Musty
was striving to defend himself es well as he could
with his left hand, as the other hand was held by
Gandley, who had in his hand an instrument, of
which I saw about three-fourths of an inch.—
Gandley's fist was not properly clenched : he
struck with the bottom of his hand. It was a
straight hard instrument, but I did not observe it
after the second blow; all the blows produced
blood ; not a word passed between Murty and
Gatidley before the first blow was struck ; I saw
five blows struck before I went to the door
to call the watch, and the watchman and I return.
ed together, but we could render no assistance.
They were still going on. Both the Prisoners were
then about the deceased, but 1 did not see Caine
lay hands on him at all, but he drove the people
back, and said, .‘ Let them have fair play ;" the
people were exclaiming, it was a shame to see a
Man murdered. Marty was bleeding from the head
at this time ; his hands were loosed, but he was weak
from loss of blood, and quite unable to offer any
effectual resistance; he was leaning against the end
of the bar. The watchman went away and got
more assistance, but when he came back the rally
was nearly ended. It lasted altogether about sit
r seven minute,. I ordered the watchmen to se-o

cure Goodley, hut he escaped by a side door. Tice
two Prisoners were taken out of the tap-room by
an officer ; previously to that I went in to them and
told them it was a shame to see a man so murdered.
Clines told me to mind my own business. No one
at that time gave charge of the Prisoners; the
watchmen were searching for Gandley. Murty
gave charge of them afterwards. About a fortnight
previously, on a Saturday night, I was at the same
public house, and heard Gandhi challenge Murty
to fight ; they tossed up for the choice of ground.
and Gandlev won it. I saw them afterwards et
handy-rips in the passage, but they were parted
by the watchman.
Cross-examined by Mr. Bott.xmo.— When

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Clines came op and dragged me away, crying,
" Fair play !" he might suppose I was going to
assist Murty. The Prisoners had an opportunity
of leaving the house whilst they were searching for
Gandley.—[This witness gave his esidenbe with lan-
guidr clearness and propnety,)
Mary Corcoran, a girl of 13 years of age, niece to
to the deceased, wM examined by Mr. ANDaaWI.
She knew that her uncle was in the habit of going
to the Comm.,' Arms. Ott the 201 h July, about
ten o'clock, she went there, by desire of her father,
to fetch her uncle, and found him Sitting in com-
pany with Heeley; the last witness, in the tap-room.
Gandley and the two ritioners were also in the
room sitting together. v dues* told Marty that her
father wanted him, and she waited for him about a
quarter of au liotir; and daring that time nothing pass-
ed between her uncle and the Prisoners. Wizen her
uncle went away he bid good night to • man with
whom he had been drinking, and Gandley then
said you did not bid me good night, and used a bad
word. He then struck her uncle, and blood came
over his forehead immediately.—[Witness here
described the blows as being given not with the
knuckle part of the hand.]—Betty Duoheity.
who had been in company with Cline, halloo-
ed oat that Gandhi was fighting, and that
brought the two Prisoners out of the tap-room
into the passage. Witness saw Gandley had some-
thing i• his hand that looked lake iron, hut his
hand was closely shut, so that whatever it was, it
was smell. All the blows were struck in the saint
manner, and produced blood. Witness acreanied
murder, to Mr. Lake. the landlord, who was inside
the bar. He dad not come, but said he did not
care what Marty got. if he got as much more.
1-11.-r uncle tried to get away, but Coine held him,
and Clines prevented him from falling. Clines
struck her uncle on the mouth. and he being
knocked dawn, Chaco then kicked hint on the side.
saying, with a bad word, " Be off you ---."
Clines and Coins went into the tap-room, and
Gandley went out by the beck door. In about an
hour after her uncle was taken is the hospital ; lie
appeared much hurt by the blows. Daring the
whole time that she was waiting she saw no offence
given by her uncle to the Prisoners or Gandley.
On her cromexamination by Mr. C. Panties,
she said there were not many people there at
but at the latter end a good number were lookiug
in at the door.

Bridget Cahill, examined by Mr. LAw.—She
was at the Coopers' Arms on the 20th July, at ten
o'clock. The witness confirmed the evidence of the
preceding witnesses.
James Such, a tradesman living at West-street,
West Smithfield, bearing a notee at the Coopers'
Arms on the 20th July, went in and saw the decew•
ed in the passage surrounded by several persons, and
• man was beating him who held him with one hand
and struck him with the heel of the other hand,
which was closed. The blows were mild' as a per-
son would strike if his hand were a hatchet. Murty
appeared unable to make resistance, but was held
up
by some one behind him ; his head and face
were bleeding so mach, that witness could not dis-
tinguish his features. The Prisoners were among
the crowd, which consisted of 510 or 30 persons ;
witness thought Gendloy had something in bis bond
front the manner in which he struck.

Daniel Mahony, a watchman, heard the cry of
" Murder!" from the door of the Coopers' Arms,
and tried to get in, hut not being able. he sprung
hie rattle for more help. and on obtaining it be re-
turned to the house. and saw the deceased •tending
alone covered with blood. They searched for Gaud.
ley about the house, but could not find him.
Richard Roland, also ■watchman, confirmed the
evidence of the last witness.

Archibald Douglass lived in West-street, three
doors from the Coopers' Arms; on the 40th July
he heard the cry of " Murder !" he went into the
house and NM two men fighting ; one was holding
the other with the left hand, his other hand was up-
lifted, and every now and then he struck on the
head of the Matt with the fleshy part of his hand,
and every time be struck there was • gush of
blood. What the witness saw occupied about fi►e
or six minutes. The decamped attempted to fall
upon the ground to avoid the blows, he was not
himself able to strike ; he could not fall, he was
prevented by the superior strength of the man who
held him. The witness could not speak to the
persons of either of the Prisoners.
Edward Edwards lodged at the Coopers' Arms.
He had been silting in the tap-room on the night of
the eeth July. When he heard the noise in the
passage, he went out of the tsp-room, and saw the.
two men fighting. Blood was flowing from Mur-
ty's head, cud from Ganslley's nese. He saw the
Prisoner Celtic come its just before theatre's,' ended,
he said " Make room," or " Give fair play." M tarty
was fighting as hard as he could. After he sew
the condition of Murty's bead, he was of opinion
that Condit" must have had something in his hand
wheu he struck. He described the blows to be
given in the way all the other witnesses had.
Elisabeth Byrne, a niece of the deceased, was
standing at the door of Mr. Such's baser, she heard
M. Corcoran% voice, and heard Mr. Luke say be
did not begrudge Murty what he hod got, and saw
him push the child away. When she saw Marty
in the hospital he was so disfigured that she did not
know whether it was her uncle o► her brother. She
.sanded him in the hospital, and heard him ex-
press his apprehension two days before he died that
he should Dever recover._

John Seeley, a labouring man, living in Cloth-
fair, was coming into the Coopers' Arms on the
nightlthis mischief happened. He knows Gondley
and the two Prisoners ; he saw the two men fight-
ing; there was blood upon both of them.
John Lake, the landlord of the Coopers' Arms,
examined by Mr. C. PISILLIPS, on the part of the
Prisoners.--He remembered the night of the 20th
July. He first saw Ciandley with his back to the
bar, and saw Murty come out of the tap-room in
about four or live minutes afterwards, and go to-
wards the street-door. While witness was drawing
a pot of beer the affray commenced. He could mot
say if the Prisoners were present at the beginning.
saw Coine about a minute after it begun, but be
did not see Clines at all. He did not, while the
affray was going on, see Clines attempt any thing to
injure the deceased. He believes Gandley strock
first. He did not observe Mary Corcoran till after
the affray was over. He did not say to her that he
did nut begrudite Murty had got, or any waists
to that egret. as woe equally sure that be bad

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