The British Press; or, Morning Literary Advertiser.
London, England, 1822-01-04 00:00:00

nits and a penknife, t robbery seems to have tab. n
se, which the thmosies woo 1641440 y fbconnutt,
Vaie ws:ch was sad. rsooverod,till the bals of March.
that the passe who took it had
4t it back god hod it dowu, as it rarald,uot.,
. ear there all that time.
appears from the dew/Woos' of Mr. Coolly
Alio *es the Inch of February the Prisoner gut ac.
pistol from him, which was oat returned until this
1116th, several days after the deed was committed ;
pad it then appeared to him to have been fired.
The Prisouer had also got a pair of smaller pirtuls.
„These eircutastauces lead to conclusions very uutiv-•
vourable to the Prisoner.
If the Prisoner took pistols to the theatre, dory.,
'may have been Concealed in the cost, which the.
Syce Hays remained iu the buggy the whole lime.
But it would be satisfactory to know by what, memos
ha did take the pistol to the theatre, mud convey
it back to his house, so that it might be delivered
bs it was to Mr. Crull. With regard to this, we
have no evidence. In respect to the dreas•worn by
the Prisoner, the Durwan formerly swore at the
police, that hies young master came home with a
white waistcoat (or jacket.) He now soya he is not.,
sure whether Ins clothes were white or black, sud,
dins not know whether he had a coat So or not.
It does nut &ppm. that the Primmer bad any
knowledge that tile Prosecutor was Ruing to the
theatre that night, which takes away )rosn the pro-
bability of the act having been premeditated ; and
of his consmittiug the act of firiug .elm pistol at
the Prorecutor, there is no evidence but the state-
ment of the Prosecator himself. By the Prism-
cutor'a statement, it would appear that the Psi-
score used great art mud contrivance to get him
into the buggy ; but there is no evidence in 'up-
port of thia part of the Prosecutor's stateinerit.—
It is untrue that Miss Dias required the Prosecutor's
palankeeir ; therefore this might have been • false
pretence used for the purpose of getting the Pro-
secator iuto the baggy. However this may be,
it is certain that they got into the buggy to go home
together. The Prosecutor says that the Prisoner
drove alone to the top of the road ; and there lie
went in. The Syce ails they both went in together,
which disagrees with the Prosecutor's statement.
When they came to the head of Pak-street. the
Syce was sent off by the Prisoner ; and the Pri-
soner then proceeded by the Course-read. For this
there seems no good reason ; the rearm ussigued by
the Prisouer, that they would get sooner home that
way, was riot satisfactory. The Prosecutor states,
that _two buggies passed them on the road while
they were stopping, and he thinks Mr. Birch was
in one of them. Mr. Birch confirms this state-
ment ; and these concurring circumstances cannot
fail to have considerable weight.
Mr. John Dios saw a buggy pass. and thought
it was empty. His Savant, who had a lantern, says
positively it was empty. Mr. Dias raja, that after
this boggy passed lie heard a shot. The servant's
- account differs from thin, and goes to confirm the
statement of the Prosecutor ; but the vervain fur-
' merly gave a different statement when examisied
before the police, which confirmed the statement of
Mr. Dia, that the hum passed before the shot
' was beard. Mr. Gotwalves raja that he was *hot in
the buggy; stud as his slatemerst• have always been
clear and consistent, and as he appears to have no
ill-will to the Prisoner, mud uo motive to misrepre-
sent the cute, there is no rearms whatever to doubt
his veracity.
The find application fur a :ow/evince appears to
have been made to the Prisoner by Mr. John Dias;
and the Prialner then made application to the Pro-
secutor, who says that his palaukeen was asked by
the Prisoner for Mies Dias.
One of the Jurymen here observed that the state-
ment of the Prosecutor and the evideuce of Mr. I
Dias were at variance on this point.
Sir F. MiN•GHTUN said that the Prosecutor's
statement and the statement of Mr. Dias were con-
sistent, or at least not inconsistent with each other.
Mr. John thus rays that he applied to the Prisoner
fur a conveyance for his brother; and the Prosecu-
tor rays, drat the Prisoner tirade application to him
for his polarkera, pretensliog it was for Mr. Dm.
• If the Jury thought the Prosecutor's statement re.
maned sufficieutly uushaken Ism witnesses halal
been called directly to disprove it). it would then
be their duty, so ler as regained that part of the
case, the constraissiou of the act, to pronounce a ver-
dict of guilty.
With regard to the second part of the ease, the
Weis of iusority set up fur the Prisosser,the Learned
Judge impressed no the minds of the story, that
people who sue not in their right mind °lieu display
surprising art and connivance in attawing their ob-
jects. They may erroueoualy conceive a thing to
be right, mid then follow it up in u manner that
bur atothrog in it of iroarlity, but, on the contrary,
indicates eatraordiriery cuiimog. The witnesses
have spoken to a degree of ineotal derangement
to which the Plainer is subject; of which, if the
Jury be satisfied, it would then be their duty to
find that the Prisoner was Out guilty of that crime.
of which i.e would whereat have Ikea godly.—
Nine witnesses had sworn to there mental &bent.•
lions; and their concurring belief that the Prisoner
was nut of sound mord, would "nu doubt weigh
1115011 the minds of the July; but it was their duty
to take the laces into their owls and judge
fur themselves, whether or not they indicated that
degree of memol derangement in the Prisoner,
«limb is rufficient to take from him the moral re-
apousilolity of his own acts. It sloes appear that the
mind of the Prisoner is inferior to she general co-
der ; and if the Jury think this sufficient to ac-
count for the act without the suppcation of malice,
it would then lie their duty to find a verdict of not
guilty.
The Jury retired, and were absent more than an
hour. On returning into Court, nue of the Jitrj-
men, who limit [seen deputed by she Foreman, ad.
dressrd the Court neatly in these words:—
" My Lord., tie Foreman having a cold, my
fellow Jur)nien have 'elected me is the organs
through which their /sentiments are to he declared
to the Coto!. We are decidedly of opinion that
the Prisoner is Guilty ; but us it appear. by evi-
dence brought before she Court, that he has some-
' Issues 1:13111111iLled aria that iodic-wed an epproxiusa-
lion to mental tworgemerit, we strongly recommend
II
him to mercy."
On some uhservations by the Counsel for the
Primmer. respectiog the rerunimendatiou to mercy,
on recount of the temporary ascots' deriartgenseset.
the Juryman', deputsd as above 'motioned, stated.