The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-15 00:00:00

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he had met with his death in the manner that they would hear from
she slimes" •
Relateea Cathie sworn—l am the daughter of the prisoner. Oct
Tuetulev everting. the 211 day of May, after I hal been a short
time in bed, I heard some earth thrown up against the
in k.
This was reneated seveval times. I got up, and saw J,tteph Mack-
borne, the deceased. I judged it to be him by his voice. My bed-
room is on the first floor, and he was standing on the ledge of the
parlour window- His hat reached up to my window. I wished
hint to go away immediately, and I instantly shut down the
window, leaving him standing on the ledge of the window below.
In !about two or three woods I saw Mm Jump down; I s.:w him
no more. I heed a noise in the TOOT below, as if a pane of glass
had broken. At the time I heard it I did not know from what it
proceeded. About ten minutes after I saw my father go into his
own room. The deceased had thrown earth up against the window
on two former occasions, and I had got up and spoken to him, but
did um let hint in. My father had before told me not to have any
thing to do with the deceased. 31y sister Sophia went out of the
lied-room when the earth was thrown against the window, and had,
I think, returned when I heard the noise in the room below.
' Nothing material was elicited in the cross-examination of this
mimeos, who care her evidence with great reluctance.
psoner, stated thnt on
Bjamin tSe son of the
Melente April Ore 23.1, about half-pa stri eleven o'clotd,, his sister
Sophia came teen his bed-room, and told hint that soniebodg was
breaking Into the house. Witness put on his trowsers and went
down stairs immediately. When he got down stairs he found his
lather there with a sword in his band. Witness had no weapon.
They went into the portant. and saw a man standing at the window.
The prisoner thrust his sword through one of time sti tares. lie did
not spesk. They both th ought the man was standing on the ground.
No noise was made by the person standing outaide afterthe pri.
surer thrust his sword through the window. 'Witness did not know
that his fuller and the deceased had ever had any dispute.
Sia.Crarlile sworn—l am a daughter of the prisoner. I re-
member hearing a noise on the night of April 23, like that of a
person throwing dirt against at the window. I slept in the same
bed with my sister. I thought that somebody slept in
into
the house. I got up and went to tell my father. I went afterwards
and told my brother. I then went to bed again. and in a minute or
two heard the window break. I had on a former occasion told my
father that the deceased bed been speaking to my sister. I thought
him an unfit person to address my sister. I believe my father had
told the deceased that if he came again he would shoot him, if he
had a pistol. That wes said to frightersthe deceased.
Joseph Rsyncr. *constable, stated that he had gone the morn-
ing after the occurrence took place to apprehend the prisoner. When
witness saw the prisoner, the latter paid that he hoped he had hurt
nobody. Witness said " Yes, you trite, and you know who it
was." Prisoner replied, that from what his family had told him
during the night, he understood it was Joseph Blackburne. Wit-
ness proved the examination of the deceased before a Magistrate.
Joseph Woihlinger, a surgeon, deposed that lie was called up
on the night of the 23e1 of April ley James Illeekburne; who wished
hint to go and see his brother, the deceased. Witness accordingly
we. 4 and found deceased lying in bed. Deceased was not in liquor.
%Vitness examined the deceased ; there was a wound on the hotly
about five inches below the navel. The wound appeared to have
been inflicted by some sharp instrument. The wound was three
inches in dep. h, and penetrated the mesentery and the colon. Wit-
ness thought the deceased in great danger, and told him so, and
advised him to send for a clergyman. Witness was present' when
the derositmn of the deceased was taken. The deceased died at
nine o'clock the following morning. His death was caused by
mortifleation, arising from inflammation in the wounded part.
The deposition of the deceased was then taken, and was as fol-
lows • Last night, between tea and eleven o'clock, I went to see
Mr. ('arlile's daughter, as I had done many times before. Me.
4 arlile's Christian name is Thomas. Ile lives at Chapeltown, in
Pu hwy. I got to speak to her. She wished me to leave, and she
burst into tears. Her mother asked her why she cried, but I did
n hear any answer. Mr. Carlilo stabbed rte immediately. I did
rot see him, and he never spoke to me neither before nor after.—
it hen I was wounded 1 wrs standing on the bottom of the lower
window, with my hands upon the bottom of the window of the bed-
room above, talking to Rebecca Curiae. Her mother was in the
beet.room with Rebecca. Her mother did not speak to me, but I
beard her speak to her daughter. li-hen I was wounded I left int-
inediately. I did not tell anybody that I was wounded. I hardly
knew till I haelgot a few yards. I think my life in danger. I had
no wound or injury before. I did not say I knew it was Thomas
ltaelile who wounded me. I did not see hint. Thomas Carlile
never threatened to do me an injury. I did not see with whst instru-
ment I was stabbed. I heard the pane broken. At the time I
heard the glass broken the wound followed immediately. I had
riot had any quarrel with Thomas Carlile that night, but we hid
quarrelled before, not quiz, a year ago. It was about the Youngest
daughter. Sophia. Sophia was angry that I attended to Rebecca,
her sister. Sophia fetched Thomas Cathie. He was vexed, but
did not threaten me."
This was the case for the prosecution.
The prisoner, in his defence, put in a written statement, which
was read by the Clerk of the Arraigns. In it the prisoner solemnly
denied that he had borne any ill-will to the deceased, and asserted
time he bad thrust the sword out of the window under the impres-
Ifiell chat the man whom he saw standing outside was about to
break In.o the house. lie had no idea at the time that the man
whom he saw was the deceased.
A great number of highly respectable witnesses gave the prisoner
an excellent character. They had always considered him to be a
man of exemplary humanity.
Mr. Baron II t.Loca carefully summed up die case. The point
which the Jury had to consider, was the feeling which actuated
the prisoner in committing the act which had so unfortunately
ended in the death of the deceased. If they believed front the evi-
eience that the prisoner had acted under a baits fide belief that his
Louse was about to be broken into by a thief, then it would be their
duty to find a verdict in his favour.
The Jury consulted fora few moments, and then returned a yea.
,}tet of " Not Guilty."

CIVIL SIDE.
[Before Mr. Justice PARI.j
HURST V. OSSORNF..
This was an action brought by the plaintifragainst the defend.
a r. Nicholas Oshorne, on a special contract, to recover the
A slue of a quantity of deals, alleged to have been bought by the
defendant.
Mr. SCAItLETT, in stating the ease. said that he apprehended
the defence would be, that the defendant had bought the deals as
a:, agent for h.,s brother, Mr. Charles Osborne. The evideuee,
I nwever, which he (Mr. Searlett) would lay before them, would
complotely negative such a defence.
William Dudinan *toted that he accompanied Mr. Rushworth
(at that time the plaintiff"s attorney) to the house of the defendant,
3:t April. 11125, for the purpose of being a witness. Defendant
then said, that lie had bought the deals on his own account for a,
speculation.
The contract for the sale was put in and morel. It was signed
Cnas. Osborne, for N. Claborne.
Sir. W 111.1 A us, for the defence, animadverted in severe terms
upon the ipsduct of Mr. Rushworth. the attorney for the plaintiff.
Er. Rulliworth, interrupting the Learned Counsel, " I appeal
to 4:4 Lerd4ip whether I am to suLmit so these aspersions. It
is highly indleorous in Mr. Williams to make such remarks."
Mr. WILIANIS—" Really I am my glad to learn a lesson of
decorum tuna Mv. Rushwarth. Perhaps I was wrong in not calling
bin a gentleman ; but would not Mr. Rushworth have had a right
to complain that I was indulging in the most bitter irony and sir-
con) u I bad used language which I could not believe, sod which,
in relarinn to him, no human being would have been able to C0411,-
prehand." (A laugh.) The Learned Counsel then called Charles
Osborne. the brakes of the defendant. who swore that the deals in
(proton had been bought for him solely.
The case went to the Jury under the direction of
.Mr. Justice
Yana, and a verdict was found fot the plaintiff—Damages M.