The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-23 00:00:00

1411b*--'. NORTHERN CIRCUIT.

•
DURIIA3I ASSIZES, Tntinsnaw, Arouse 19.
Beftwe the flos. it JOHN II L Loa, s.
MURDER.
'lRosina Arkhrstwo, alias Tlonrar ,feltismt, aged 9.2. late of Cle-
!denim's-row, in this county, pitman, stood charged with the wilful
sander of Henry Cony, nn the 12th day of April last.
.The prisoner pleaded Not Chatty.
fr. 11'n:err's:ix stated the ease on the part of the Crown.
Mr. IletT said that this was the first cue of murder at the pre.
sent Atlllea for this county, and the Jury would have in inquire
wltstbet the prisoner at the bar' committed the crime laid to his
dirge, sod whether the deceased Henry Curry came by his death
tfie wilful act of the priannes. The Learned Counsel, after sui-
ng the facts of the case on the part of the prosecution, called
'Ralph Watson. examined by Mr. Wionr max.—He was con-
stable of the township of Berkley on the Ilth of April. Ile did
not observe Henry Curry there when he first went in. Ile saw the
prisoner there; he saw him about 12 o'clock. They were arguing
sheet paying the reckoning. Henry C'urry said that the prisoner
had lull-a.mown belonging to his brother. and be thought he ought
In lay it down es pay the reckoning. The prisoner gave the de.
awned a shave with his hand, when the deceased Look the poker up.
Witness wished he should put it dawn. Ile did not strike the pa-
wner. There was nothing passed after between them. The com-
pany kept wrangling on. The prisoner and Curry did not interfere.
)!e desired them all to walk out. It was between one and two
o'clock on Sunday morning. They all went cut but the prisoner.
teem Kepple and myself put litni out. Ile said he would not
lean the house. Ile started to strike the landlord. Ile did strike
bin), and 1 went to assist the landlord, and he continued to strike
me until 1 got into the house. He threatened to murder us both.
We gat him in, and vented the Coot. He started then to leap the
windows; he did break them; he did not know what with. Wit-
s .s was outside. The prisoner sent round to the back door. Ile
ern net sec Henry Curry all this time. It might be ten minutes or
• totatta of an helm He went to the back door to see whether it
was seeree. He heard the prisoner come and strike at the back
door. He 'knew him by his tongue. He never heard him say any
thing until he spoke to Henry Curry. He said—" Harry, you
you hive gut the poker up to me." Ile then heard a blow.
Ile heard a man fall ; it did not appear to he given by the fiat.
After this he came into the kitchen. Ile went out afterwards to
eke the prisoner. Ile went out of the door to take hint. Ile was
standing in the street. The landlord seized hint and got him
a' :wn ; he still kept sweating ; he got up, and he said he would
wier witness's -- guts up. I flircheel hark, and he followed nit
fes 80 yards. Ile durst not open the front door; he went round to
the I.ek, and fitted Henry Curry lying there. i rapped at the
door, and said there was a man dying. They came and carried
him in ; he was bleeding very much, and was not sensible; there
was a cot on the right side of his head. He set him down, anti got
warm water and had him washed. It might be twenty minute's
part two. Ile desired him to get a surgeon. Ile was dead a henl
he came. He held him between his knees; he died in a quarter of
an hour after he was brought in. The prisoner came in, but he
does not know how. Ile said he was any sorry for Harry Curry,
tut it could not be helped then. Ile said nothing tnore that he
heard. He said nothing about any blow.
°was-examined by 3lr. PoLincw.—lt was late on Saturday
ri,.bt; he was sent for at half-past nine; there was a great coot-
;my and noise as is usual ; u was spending night ; the prisoner
w there all die time drinking, and the deceased was there ; they
war: not drunk; they were refused drink; they were thinking
ale ; it was between one and two o'clock, he was ordered to turn
them out. There was a mark on the prisoner's left eye ; it was not
so when he was in the house; his eye bled ; it was swelled much;
it was a severe blow.
Uroege licpplc examined by Mr. Hobe.—lle is the landlerd of
the public-boom; he recollects the 19th of April; it was half past
tile o'clock when they came to his house; the prisoner asked him
to let hint have some liquor, which he refused; he let Henry and
Lobert hate sorne, and the prisoner had some; they drank eleven
sr thirteen pints together. His wife sent for the constable, he came
shout half. past nine; he heard a quarrel about twelve o'clock;
colic altercation took place about half-a-crown. The deceased said
it was proper that he should pay Robert the money ; the prisoner
threw down Is. 61., which Henry Curry took up; the prisoner
came tip and gave him a small blow with his fist. Henry took up
t' e ken, but did not strike him. Watson, the constable, took
the onka out of his hard ; they sat down and drank after the
poker wale taken from his hands. About an hour afterwards Henry
and Robert went out of the house; they were not quite in liquor.
The prisoner was fresh; he would not go out; we afterwards put
hitn one ; he made WM of expressions that he would knock his and
the sonstable's head off. He endeavoured to push in at the door;
we load fastened it ; he broke all the glass and the cross window;
ha said, you will not be alive five minutes; he had a piece of wood
in his hand, a piece of rail ; he struck at the cross bar and it came
la half. lie struck him with the poker on the temple, and his eye
ble1; he staggered back front the window; I went into the fore
kitchen ; witness was guarding the front and Watson the bark ;
the window was in the front parlour; did not hear Watson about;
he said he would have him put in the betty (prison); he saw the
ik isomer in the street; he did not hear anything fall at the back
Loor ; the prisoner and he haul a scuffle; he went to the back don
and saw him lay bleeding, that man was flenry Curry; he was not
sensible; he went for a surgeon, and when he returned he was
et ad. The prisoner said it was a bad job, and said it could not be
;Aped ; then a person of the name of Tenwick wes there; he asked,
soot he had done such a barbarous action for: he did not answers;
lie said if Curry would conic *bout he wieuhl maul both the breso
tons ; he mid this after lie had said it was a bed job.
Cress-examined by 31r. PosLOC C.— He had known the prisoner
and the deceased, and they were always good friends; he never
knew a quarrel between them before; the prisoner was in the
Static when Curry was Out ; the itloner was turned out in two
initiates after; he saw the prisoner afterwards; hs was in the
Ito rite • the others staid lingering shout the house. When he
turned the prisoners out they might be altogether; witness thought
he bad mastered him; he was taken that night.
fly the JUDGE—You struck him hard?—He staggered back
when he was struck.
Robert Curry examined.--He is the brother of Henry Corry, the
deceased. Was with hitn at the public-honee. He does not re-
collect a quarrel. lie was asleep until twelve o'clock. They
were kind when he woke up. They went up the street, three or
four of them, between one and two o'clock. His brother was
pot with him ; he saw him go round the bowie. The constable
• fetched the prisoner out of the house. Ile saw him break therl
window. He ran round the house, and said he would kill the lint
men he lit on. lie had something in his hand, but he could not
sec what it was. lie was tour cr five minutes round the house;
he came back, and laid before the door. He said, " What a
you are; go and see what I have done." He hit the door. Daryl
came anti called him round the door, and said, " What a bad job
*hi; is." Ile saw him in the house; he died soon after. Wit-'
mess asked him what he hail killed his brother with ; he asked
him if it was a rail or a dyke smut ? llc said, he could rot tell,
it was with one or the other.
Crow-examined by Mi. Potsocx.—lle came out of the house
wi.h his brother. His brother went round the house. They
went in the street, three or four of them. Ile did not see the
ha Hord strike the prisoner. Ile saw the prisoner go round the'
bane.
By the Junco.—They had been known to each other from
to s. They did not work at the same pit. It was a fortnight
ekwe he saw them before.
Ralph Colter, examined by Mr. HOLT.—On the 11th of April
be sa v Ilenry Curry dead on the floor. Ile looked at his head ;he
thought it was not done with a fist. Ile went to the back dour,',
tai found the stake lying; there was a quantity of blood on it ;
there are sonic hairs sticking on it now, but no blood.
Cron-examined by 11r. l'othocx.—The prisoner was in the
kitchen ; he handcuffed him. l'risoner has a severe blow on the
temple.
Jahn Wolf examined.—He is a surgeon in Chemer.le.street.
Was sent for a little after eleven on the Sunday morning. Mr.
(,otter sent for him. Henry Curry wes dead ; he had a fractured
scull, and there was coagulated blood on the brain. A blow or a
fall would produce death. The fracture was on the right side 4:II
the bead, near the temple; it might be from a blow or a fall;
a blew from such instruments as those on the table would produce
death.
Cross examined by Mr. l'ohLoex.—The blow on that part of '
-she heart is the most liable to be thactured.
The J DGE.—li there had been any struggling that might hare
canted it.
'Thu J Laos —Pt isomer, du pea slab to say any thing fur your.

self ?
Prisoner—No, I leave It to my Counsel ; I have no friends to
The JUlDGE—Oentlemen of the Jury—What you will have m
try Is, whether the act of which the prisoner stands charged
was done by design with a wilful intent to murder, and whether the
prisoner at the bar ass the man who was the cause of the death of
the deceased? If he was, then it will be your province to find him
guilty ; if not, then of the minor offence of manslaughter. You
will take into consideration the gate of intoxication which the pri-
soner ass in when the *trait. happened, and make all the allowance
you can fur human frailty. The Learned Judge tl e summed up,
and made comments on the evidence as he proceedett, leaving it tor
the Jury to say whether it was by accident or design.
The Juryy consulted a few minutes, and brought in a verdict of
...iftiffslam ter.
The UO(3lE—Prisoner, you have been most properly found
Iguilty of manslaughter ; hut it is necessary, in order to put a curb
upon your passions, to pass such a sentence on you as will regul:Or
Sour future conduct. pass such a sentence on you as will regttl..t
sour future conduct. rhe judgment of the Court, therefore, is,
that you be transported to such place out of this country as his Ma-
ksty. by the advice of his Pricy Counsel, shall appoint, fur the
term of lotrt::n
The prisonir wry a stout young man, dressed in a black coat and
striped aatsteoat, with a cast in his eye.
At twelve o'clock the Assizes concluded here.

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