The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-10 00:00:00

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h been made to sink it down ; but there appeared to have been
iir re made. A broom could have reached it.
Mr. Watley recalled—On the night in luestion I heard very
lewd groans pee:ceding from up stairs. I sleep in the second floor.
I then went tip atairs with a light to Anne's room, and asked her
if all was r ght, and if she was well. I repeated the question three
times before I got an se ewer. lithe said that all was right, and that
she was well. I afterwardeeent for the poliee-officer. Before the
child was foam), I said.th Anne, in the morni, that there were
strange appearances, by Me fire having been lighted already in the
morning as halt-past tour, and by the wAsbing beside it, and that
there appeared to be fresh coals put on. She said she knew nothing
at all about it.
Wm. Thisslzton, the police-officer at Batton-gig:den, went to
Mr. Westlev's house and lock away a child from there, which he
showed to Mr. Fernandez, son. the surgeon.
Mr. Fernandez, jun.—l saw the child which the officer brought.
My father waq there.
Mr. Fernandez. sen.—l hold a note of the observations l made
immediately atter I saw the child. I saw it on Saturday, the Lath
November. It wasp full grown male child. There was a wound on
the hind part of the hevid..l consequently examined the brain and the
bones. The bones were not broken, and there was no Injury done
to the brain. I examined the windpipe and other parts of the body
—thoy were lateral. I made experiments, from which I infer that
the child was born alive, but I cannot say that it may not have died
of convulsion,' soon drier.

By the JUDGE—What were the experiments you made ?—I
took out the lungs and the heart connectedly, and put them on
water, and they all swam. I detached the heart and lungs, and
the lungs were put on the water, and they swam again. I cut off
a portion of the lungs, and pressed them, endeavouring to press
out the air, but they afterwards swam. Hence I inferred the child
had brea.heil. I inferred that the child had not breathed binee it
had fallen into the vault. lam positive it breafhen then—at least
that is the inference I formed. Any breath of air will inflate the
lungs on coining into the world. [Mr. F. here explained occurrences
usual at natural births.] I made every Inquiry respecting the wound
on the head, but could not assign it to have been done by any instru.
;•.tent ; it was not very material, and might have bees done while
the child was taken up from the privy. The result of my evidence
is, that the child was not smothered there—it might. have dropt
Marc.

A consultation took place between the Judges and Alr.Adol-
phus, after which

Mr. Justice BA YLVT summed up, observing, that by the evi-
dence of the surgeon the child had not been smothered,. and they
must acquit the prisoner of that charge, for there was a possibility
that it might have dropt, and they could not, in their consciences,
find her guilty of so heinous a charge, without the most satisfactory,
proof. lie had not therefore called upon her for her defence. They
would acquit the prisoner.
The Jury then returned a verdict of Not Guilty.
The prisoner appeared to be deeply effeved during the trial. She
looked even younger than her years betokened. She left the bar
wish a brightened countenance, and was discharged.

MANSLAI.7OHTER.
Alexander Dobie was indicted on the charge of having killed John
Dillon, by striking him against the pavement, and thereby inflict-
ing wounds and bruises on him width caused his death.
The witnesses were ordered to withdraw.
Miss Palmer—On'
Thursday, the 21st of July last, I was living
with my father,and, hearing a noise, went to the window about two
or three o'clork. I asw a person endesvouring to get John Dillon
into a public-house. It was a 3lrs. Leach who was persuading him
to go. The deceoed went in and cane bark again. He stopped
at the next door at the prisoner's shop. I saw the prisoner before
in the shop. The deceased used very abusive language to the pri-
soner, and was swearing at him. The prisoner was In the back
part of the shop. He slid not come forward, and seemed to be
avoiding the deceased. The deceased then appeased to be.going
to the shop door, and prisoner then rushed out and put his arms in
a lighting posture.
AIL Justice PA K—l do not expect you to show me a fighting
posture.

• Before the prisoner put himself in a fighting posture the deceased
menaced him, and stood in a fighting posture. They came to an
actual light, and closed ; the deceased did not fight, but fell. The
prisoner struck him. The deceased fell on the back of his head on
the main road. He attempted to get up again and fell. The pri-
soner did not strike him again. The deceased was an old man.
I had seen him often before. The prisoner keeps a coal and potatoe
warehouse.

Cross.examined.—When I first saw the deceased he was near his
own house, and people seemed to be soothing him. Ills face was
all over blood, and he was going towards the prisoner's shop, after
which happened what I described.
Mrs. Leach—l knew the deceased six or seven years. I saw him
on the day in question, and he was rather in liquor. He was not
quarrelsome that day, that I observed. Mien he took me by the
hand his face was bloody. I told him he had better go in, and went
with hint to his own door. I told his daughter to take him in.
She said he bad been out of work. In the mean time he loosed
front my hand and went towards the prisoner's. I called him back,
I and told him I wanted him to do a job to-morrow. He returned
and went to his own door, but came out again, and went to the
corner. The prisoner seemed in a great passion, and was wiping
his face with a towel which he had in his hand. He threw the
towel away and struck the deceased, who was in a fighting attitude.
The deceased attempted to strike, but I think he was too weak. He
struck the deceased in the forehead, and he fell. lie struck him
several blows before then. The deceased fell after the blow on the
temple, and attempted to rise, but could not. He did not die im-
mediately after. The prisoner kicked ins foot towards the deceased,
and then went sway. I did not see where he kicked him, or if he
did strike him. The deceased was then carried away, and died
the same night about four or tire.
Cross-examined by Mr. C. lint t tars—After the deceased broke
away front me. I did not see him at the prisoner's door immedi-
ately, nor did I bear him say any thing. He appeared to be stand-
ins at the door Irritating the prisoner.
Mr. John Ilriant—l am a surgeon, and was on the day in ques-
tion near the spot where the accident happened. I was visiting a
patient, and saw a crowd. I went up and saw the deceased lying
on his lice. I did not ree the prisoner. I went away, and on my
return saw two persons in the act of raising the deceased. I saw a
wound under the left eye of the deceased. I felt his pulse, and was
of opinion that he was labouring under symptoms of compressed
brain. I directed that the person who had given the blow should
be taken into custody. I thought the case a dangerous one. lm.
mediately before the Coroner's Inquest I opened the deceased, and
found about live or six ounces of extravaseted blood on the brain,
which blood lay over the right hemisphere of the brain. I do believe
that the extravamited blood caused his death. That appearance
might not have been produced by a blow, but by the concussion
occasioned by a violent fall on the ground, which would occasion a
rupture of the blood vessels, and death would ensue. The vessels
might have been ruptured by intoxication, and the same conclu-
sions might be formed. After the rupture that I saw, I think the
deceased could not stand on his legs. The vessels might very easily
give way either from intoxication or concussion.
Dy M. ANDREWS—If a man had been engaged in fight, or in
a great passion, he was more susceptible of concussion than other-
wise. I have seen instances of concussion from violent rage.
Mr. Lewis—l saw one blow given by the prisoner to the deceased,
and no more. I beard no words.

Mr. Brant recalled by Mr. Justice Pani--Supposing the state
of the brain to have been occasioned by intoxie.ttion, it would not
follow so soon as if done by a viohnt blow, and the deceased might
have walked about for some time in a state of intoxication before
the effects would be produced.
An old man said that he saw the deceased, who appeared to have
been very vexed in his mind. He went to the prisoner's window
and said, " I want recompense for the injuries you have done me."
There seemed to be words between them. The prisoner was wash-
ing himself, and came out and knocked the deceaaed into the ken-
nel. He never rose afterwards.

Cross.examined—The deceased used very irritating language to
the prisoner.
The prisoner, in his defence, said that he owed the deceased no
animosity whatever.
Mr. ANDREWS said that he would merely call another witness,
which was material.

Ann Hervey said, that she heard the deceased use bad language
to the prisoner and his mother. He called Iris mother "an old
convicted b---d, who had been in Newgate for picking gentlenien`s
pockets." The deceased struck the prisoner first. The prisoner
had been very kind to the deceased in his lifetime, and had given
him money and provisions. He worked for the prisoner. The
prisoner used no bad words to the deceased, but told him to go
away.
George Dobie, the brother of the prisoner, gave similar testi-
mony. His brother hal been invariably kind to deceased. The
prisoner lives in Upper Dorset-street, Bryanatone-square.
Several witnesses bore testimony that the prisoner's conduct to
the deceased had been always kind and humane.
Mr. Justice PARK then summed up, observing, that if the de-
ceased had conic to his death through intoxication there was an
end of the case. end the prisoner must be acquitted. There was no
evidence that the deceased had received a fsll previously to the fall
occasioned by the prisoner. But the main question wan, whether
this was murder or manslaughter ; and he had no hesitation in say-
ing that it was not murder. It was evident that the deceased had
used very gross and irritating language, but no abuse, however
grievous, could justify blows. The prisoner was a young man of
23, and was no doubt much incensed, but it was endeavoured to
show that death had been occasioned by intoxication. The case
was clearly one of manslaughter, or of justifiable homicide in self-
defence, and they would And whichever verdict they thought pro-
per—the punishment would only be slight.
The Jury consulted for a short time, actl returned a verdict of
Guilty of ltfuerlaughter,
31r. Justice PARK—The prisoner has not been in custody, I
suppose, and I shall not name the punishment now, but it will be
very slight, on account of the good character he has received.
Addressing the prisoner, his Lordship said, " I don't ap-
prove of part of the defence which you have brought for-
ward, and it would have aggravated the case hot for the good chi.
racier which you have received. I shall represent your case fa-
vourably."
The prisoner then bowed and withdrew.

G),rtn. alas sART:eZ, VaTisnaio ea for assaulting Wm.
Thomas, and stealing from his person a watch and other articles,
his nrope-te.
Win. Thomas deposed, that on the of October he was
walking through Eari.street, Lissor.-grore. %hen the prisoner came
up and drew this trawls out of his pocket. The watchmrrt was
near him at the time. Witness pursued the planer, who had rut
off, and overtook him in th- pisti?* of a publieMouse called the
Riven lfeal. Ile held him by the calicr, and said, "Oh, clear.
lye lest my wr.tch; ycc took it from me!" Hy then recetoel