The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-21 00:00:00

IVOR TIIER.V CIRCUIT.

LANCASTER, Auck. 18.
MURDER.
THE XING ro. ALEX. KEAN, alias WIELAND, AGED 3e, AND
XICDAEL KEAN, °brie MICHAEL WKEAND, mien 24.
•

In consequence of the trial of the prisoners, who are in custody
for the wilful murder of Elizabeth Bates, having been appointed
for this morning, the avenues leading to the Court were crowded at
a very early hour. The gates of the Court were thrown open at
eight o'clock, and the rush of persons was so great that the Court
was almost immediately filled. Ina few minutes it was crowded
almost to suffocation, and at nine o'clock, when Mr. Justice Park
took his scat, the prisoners were put to the bar, but as the places
appropriated to the geatlemen of the bar, and the gallery for the
Jury, had been filled by persons who first obtained admission into
the Court, a considerable time elapsed before the officers could clear
those places; but as several persons who were in the gallery refused
to quit it, on the ground that they had been summoned to come as
Jurors, is order to ascertain who were Jurors, his Lordship di-
iec:ed the pannel to be called over, and those whose names were
not in it were obliged to leave the places they had kept posseasion
of for upwards of an hour, at no inconsiderable degree of incon.
venience. Order having been restored, the prisoners were arraigned,
and the indictment was read over by the Clerk of the Crown. The
indictment charged the prisoner, Alexander Kean, alias Alexander
M•Keand, with having, on the 22d of May last, at Barton-upon.
Irwell, in the parish of Winton, in this county, feloniously and
wilfully murdered Elizabeth Bates ; and the priaoner Michael Kean,
alias Michael 11.1•Keand, with having, on the said VA of .lay, at
tire said place, comforted, maintained, aided and assisted the said
Alexander Ill'Kean, alias Alexander M'Keand, to do and commit
the said murder. To this indictment both prisoners pleaded Not
Guilty.
A model of the house in which the murder was committed was
placed upon the table, to enable the Jury to understand more per.
fectly the evidence for the prosecution.
When the officer of the Court was about to swear the Jury,
Mr. 1). F. JONES, who conducted the defence, said he should
challenge every Juror from Manchester and its neighbourhood ; and
therefore two gentlemen, named Bailey and Bairow, who came
from that part of the county, and who, having answered to their
names,' had taken their Seat/ in the Jary.boz, were ordered to
Iretire.
The following Jury was then sworn :
.

James Boardman, Liverpool Samuel NVondliouse, Evertc•n
Bryan CoMitt, Great Bolton Thomas Webster,Toxteth-park,
John Mather, Headley Liverpool
Samuel Parkins, Evertors I John Yates, Present
Janizs Rainlon. Evertan William Ackhursr, Preacot

John Smithers, Chorley John Ashworth, l'tescot
Robert NValworth, Cnorley I
Mr. Cou ENAY having stated the nature of the charge in the
irdhstmemt, . _ .

Mr. Sergeant Cnoss stated the facts of the case for the prosecu-
tion, and called the following witnesses.
Martha Bleats examined by Mr. Cott IITENAV—t am the wife
of Joseph Blears, who is a publican at Winton, in this county.
On the ;!..fal of May, the prisoner, Michael M'Keand, came to my
house five o'clock in the evening. Ile asked for a glass of
beer. Ile came alone, and had no corners along with him. In
about an hour;afterwartls, Alexander, whom I had known upwards
of twelve months, came to my house. I had never seen Michael
before, but Alexander l-td been in the habit of occassionally fre-
quenting to house in his travelling rounds. Alexander WAS in the
habit of hawking tea and sm.:kings. When Alexander came into
the room, where the other prisoner was, they did not take notice of
each other. Alexander asked me for a glass of beer and some
bread and cheese; when I brought it the other prisoner said, as
the other gentleman had bread and cheese, it' I would bring him a
knife, lie would take some along with the other gentleman. Ti ey
then called for more drink, with which I supplied them. They '
were sitting in the bar, but they did not for sonic time converse to-
gether, as it' they were friends. There was a sofa in the bar. I some •
times left the room, and when I looked at them from the kitchen,
they were whispering. They could not see me at that time. When I
went it with some liquor Alexander asked me ifmy husband was at
him
home, and I told hi that be was gone to Manchester. At this
time they had been above an hour in the house. He naked me
how long my husband would be away, nod I said I could not
tell, but I supposed lie would be back as -win as possible. I
asked hint if lie wished to see my husband about anything par-
ticular, and he said, no, he only wanted to treat him with a
glass or two of whiskey. My husband returned about eight
o'clock, and Alexander shouted for him to come into the bar. My
husband went into the bar, and Alexander called for two half
noggins of whiskey for himself any my husband. In some time
afterwards, my husband left the room, and Alexander called him
back, saying, soy husband should partake of another glass. They
were then served with two halt noggins more. Michael was at
[het tittle drinking wine; he had two glasses of wine and one bottle
of cider. Between nine and ten o'clock. my husbnlid was lying
upon the sofa, seemingly intoxicated. Whilst my husband lay on
the sofa, Alexander poured some liquor into his month. That
roused my husband, and he asked me toe a glass of water. The
liquor which was poured into his mouth made him cough very
much; but after he drank the water, he fell asleep again. I then
went into the kitchen, and from thence I looked into the bar, and
observed the two prisoners whispering together. Whilst my hus-
band was on the sofa, Michael asked me if I could give them a
lodging, and I said I did not take in lodgers. He haft nothing at
that time ; hut at ten o'clock, lie again asked me for a bed, and
said, they had a good steal of money on them, and they did not
like to go on to Manchester. I said, if they coald make shift
with what I had, they were welcome to it. About a quarter of an
hour before they went up stairs to bed, both prisoners went out of
torp,kre I
th said, ai
bde,„and
"some_
the house, and did not return for sonic minutes. Before they left
the bar to go up stairs, Michael asked me if my husband alwayi
went to bed when he was drunk, and I replied that sometimes he
did, anti sometimes did not. He also asked me, if, when my
husband
times I do, and sometimes don't." Michael then asked,
oure sat
reaudp, 1 al
yP,
Iw
ba
ay
is
l given sat up
p
wi
ordersih
hint;pe and
therefore told them it was ready. I had but one female w:rvant,
named lle'ty Bates, and I called to her to show thew up to the

double-bedded room over the kitchen. There was a boy named
William Higgins, between 14 anti 15 years of age, sleeping at the
time in the (Jumble-bedded ros m. The boy had been in bed since
nine o'clock. It was past eleven o'clock when 1 told Betty Bates
to show the prisoners up stairs. She led the way with a candle in
her hand, and was followed by Alexander and Michael towards
the stairmase. After they had been gone about two minute*. I
heard Betty make a dismal si.s.ike (scream); ►wan then ini the
bar, where my husband was *deep. I took up a candle, and war
going towards the strata, but I Ilea hardly put o.:e tot otitakle
the bar, when I was breasted by Michael, who et. kited some-
thing through my neck. I fiord afterwards that it was a knife.
Ile then dragged ne down upon my knees at the tap-room door,
clapped his hand upon my throat, and entre me this cut on oty
forehead. (The witness hail a sear about an inch and a belt long,
about the centre of the Axel:earl.) He then drove the knife under
soy eye, where it stuck fast, and he could not dm, it teat. He at.
tempted to draw it out. but tee handle broke off. He then went out
of the back door, and left me on my knees bleeding. I did not call
out, because alicheel kept fast hold of me by the throat. After he
left me 1 rose from my knee., and I then heard a whistle. I ran
to Richard Andrews's cottage, and gave the alarm. Richard
drew, is married to my niece. My house stand, alone, and there
is only a small cottage opposite to it; and Richard Higgins, rmw
was in his shirt, came running towards me in the garden, and I
was carried home.
Cross-examined by Mr. D. F. Josexs—l had never seen Michact
before; but from eight o'clock up to the time of the murder, I
found that they knew each other well. Jesse Jones, Slum Eeel,s,
and Thomas Partington, were in the house whilst the prisoner's
were there. There was also a man named Wilson. I don't think
Michael ever went up stairs. I did not see Alexander down stairs
after lie went up with the girl. When I came out of the bar elt-
chael wan standing up against the opposite wall 4 and he could not
fern that place set what woe going on in the lodgin 4 room. Betty
Bates was a poor woman, that worked for her living. I paid hit
as. a week. She had no property. The name or my oppeeee
neighbour is Valentine. There is no person living in his (muse ex-
cept himself and his wife. Witco Michael came in at hire recluee.
in the evening, there were no persons drieliCtig in the house.
Re-examined—Before the prisoners left the bar. I locked elm
street door. I am certain that there was nobody in the trustee except
the prisoners and my own family. I can't say whether both or
either of the prisoners went up stairs. I could not see time stairs
from the bar. I don't know that the prisoner's knew that there was
a boy in bed up stairs. I did not hear any one tell them that a buy
up stairs.
By 31r. 1). F. Joxes—The boy was about the house before he
went to bed.
By the Couar —I locked the front door, but I only latched the
back door. I can't say how many steps there are from the Mot of
the stake to the bid room. The other three men left the house of
their own accord.
Joseph likens examined by Mr. Sergeant Cense am the has.
bend of the last witness. I hsd known the person of Alexander
.IPlieand for thirteen or fourteen months before the 22d of May
las'. At Whitauntide last year, he bought a canary bird and a
cage from me. Ile used to frequent my house every third rti.
day. %Then I came home, about eight o'clock on that evening,
was sober. The prisoner Alexander asked me if I would have
a glass, but I said I wanted something to eat first. He pressed
inc very much, and I took a glass of whiskey and water before L
had any thing to eat. I then went to have something to eat, and
serer an absence of five minutes, I returned to their company.
My glass remained on the table, and when I returned 1 thought
my grog was stronger than my mistreat usually mixed it. I con-
tinued to drink with them for sonic time, and I then fell asleep
on the sofa. A fikedly society meets at my house.'They
their strong box there. That fact was well known. A short
time before the Orange Society had a dinner at my house. On
that day I received about 'eel. The strong box of the friendly
society generally contains about 301. The strong box of this
Orange Society is also kept at my house, but I don't know whit
many is generally in it. When I awoke, I was stupid, but I
did not nut think the qtiantity of spirits that I drank was sufficient
to intoxicate me. I have frequently drank four or five half nog-
gins without being intoxicated. 1 was awakened in consequence if
a great noise, and the falling of the mugs, which were hung
up around the bar. I don't know who made the noise, but when
I awoke, I saw my mistress at the bar door, all covered with
blood. At this time it was nearly one o'clock, and there was
sufficient light to enable me to see all about. In consequence cat
what was said to me, I went in pursuit of the prisoners as far its
Warrington, which is thirteen miles from my house. I did net
find the prisoners. When I left my house in pursuit of them, I
did not know that my sereunt was dead, but I heard she was
wounded. In about a week afterwards, I went to Appleby,
where I saw the prisoners, and I identified them before biz
Philip Musgrave. At that time I remarked, that they had
shaved their whiskers, and that their coats appeared white front
the elbows. '1 heir clothes were of the sante colour as those they
w' re at my house, and Michael had on the same waistcoat which he
w weirs.
Cross.examined-1 had a gill of porter at Manchester. and I had
a share of a tenknrel of porter between three of us at the Boat-house.
This liquor, with two glasses of whiskey and water, would not be
sufficient to make me drunk. I don't remember having had any
dispute with the other men that night. I don't recollect having
turned any of them out of my house. When I saw the prisoners at
Appleby, they were in custody upon this charge. No person, ex..
cept myself and the members of the club, knew what money was in
the boxes. The prisoners did not belong to either of the societies.
The boxes were kept its my bed-room, but I can't say that either of
the prisoners went that night into that room.
By the Couae—Neither of the prisoners had any conversation
with me about the societies ; but Michael took down a paper
which hung over the mantel-piece, and said, I see that the entrance
into the Change Society is les. lid. The Friendly Society is a
sick club society of women, who contribute 2s. 6d. per quarter, to
be provided for in case of sickness.
Thomas Partington—l was in the tap-room in Blears's house on
the 22d of May last • I went there about half-past eight o'clock,
and stopped an hour. I saw the two prisoners silting in the bar,
with the landlnre on a sofa. I had seen the prisoner, Alexander,
before that night. I had seen him at Blears's house. I remem-
ber Blear; coming out of the bar into the kitchen, and I saw Alex.
antler pour something out of his aloes into Llleare's glass. and he
then poured something out of a pint jug into his own glass, and
the prisoners then said something one to the other, but I did not
hear what they said.
Cross.exannned be Mr. D. F. JONES-1 can't say that the land-
lord's glass was empty when Alexander poured the liquor into it
out of his own glass. I left some men in the tap-room, when I
left the house ; their names are, Jesse Jonee, John Blears, Robert
Nilson, and others, whose names 1 don't recollect. Whilst I seas
in the house there was no dispute between the landlord and the
other men. When I saw the prisoner, Alexander, pouring the
liquor into the landlord's glans, I sots in the bar fur the purpose of
getting a pipe of tobacco.
Robert Wilsor, examined by Mr. Sergeant ('aose._l was in
Blears's house on the night in question from hall-past eight until
half-past eleven o'clock. I went to the house with Jesse Jones
and Thomas Perth-mein. When Par:ington left the house Jones
and I went into the tea, where the prisoners and the landlord were
silting. I saw Alexander pour his whiskey into Blears's glass.
Blears was then looking another way, and apparently did not per.
ceive what had been done. Alexander filled up his own glass with
water, and then said, es Cone, Blears, drink up." The landlord
drank up his glass, put his handkerchief to his mouth as if he had
lost his breath, and then thank out of the jug from which Alex-
ander had previously filled his glass. The landlord was not asleep
when Jones and 1 went away. I left no company in the house ex.
cept the two prisoners. I saw Jones to his door, which is half-way
between the public-house and my house. My house is about a
mile and a halt' distant from the public-house.
Cross-examined by Mr. I). F. Jowes.—When I went into the
tap-room there were more than tine persons, but I can't say that
there were not ten persons there. I remember the landlord woull
not let Jesse Jones have any more ale. The landlord said he had
had enough of Eccles folks, and that they had gone to Ameneca in
his debt. The landlord got up to turn Jesse Jones out, but he did
not do so to my knowledge. I am certain that the landlord was in
the bar at the time Alexander ADlicand poured the liquor into his
glass.
By the COURT—Jesse Jones was not drunk. I sat upon Mi-
chael alelikand's left hand for above an hoar, and 'his dress was
then nearly the same as it is now. Michael al‘lieand had on that
evening larger whiskers than lie now hat.
Wm. Higgins, examined by Mr. Cou HT E ant fourteen
years of aee. On the night of the murder 1 went to bed about Mae
o'clock; I slept in the double-bedded room. I was awakened
about twelve o'clock at night. I saw the prisoner Alexander (whom
I had known before) with Ilia left hand about Betty Bates's neck.
He then appeared to be making his nonsense with her. When I
awoke there was a candle in the window between the two beds.
The man and the woman were struggling between the drawer.,
which were at the toot of uty bed. The woman kept saying, "tore
over," " lie quiet," and 1 then saw the blood gusaing down front
her throat. Doting the time that Alexander's left arm was aneut
the woman's neck, his right arm Was across her throat, but I could
net see wheter it was in motion or not Alexander then thing the
woman down on the floor, and she screamed out murder. They were
struggling very hard upon the floer. The woman got up, caught
hold of his legs' and said, " I'll mark thee, man." He thing her
down a second time, and did something more, but what it was 1
could not sec. Whatever he did was done to the side of her neck.
I was then lying down in the bed, and she came over to sue. I
then rose up in the bed, and he put his left hand over my face, and
pressed me down in the bed. Bin hand lett a bloody mark on my
face. Whilst lie wax pressing me down the woman got up, and
was about to leave the room ; she had got as far as the door plate
when he left rae and caught her. They struggled at the door place.
I get out of bed and rushed by the woman. The prisoner mas-
a grasp at me, and marked my shirt with his bloody hau l.
pumped over the banisters, and he pursued ma as far as the rate
behind the louse. I ran alone the back of the house, through the
style, and back again :done, the hedge into the ditch, where I con-
cealed myeele When 1 got down to the rails, I saw limn'
the prisoners together, running towards where I was, but what be-
came of them &foments I don't know. I saw Alt tivider last
Whitsuntide but aldermen he bought a canary bird and ease irons
my master. Barre the nielie-of the murder I had sere thew:None*
Alexander mists. Dit twice St my master's house. I saw his face
distinctly while( he was struggling with the womsh, and alien Ire
came over me in th, bed. Before I went to bed 1 caught a glimmers
of the prisoners' heads in the bar. but I did not see their ta:ea.
Whoa I saw the presume Alexander strut/glow with the wornee,
tecußected at once that Ise wasalie person 'dm had bungle the caaare
bial of my master.
Cress.: 'omitted by Mr. D. F. Joeta—L was very meth arti„.

. There was only one man n the bed-room. The night was
• nmentight. The candle remained its the window whilst the man
and wentan were struggling.
fey the Coy RT-1 did net Teem to the bed-mom until next day.
The re was a considerable quantity of blood at the place where the
I.OPOORT and Betty Bates were struggling. I remalued M the ditch
4,411 I saw my mistress attiring prat me.
Miry Adams exatnine:l-1 live in a cottage near 31r. Blears's
house. About twelve o'clock of the night of the murder I was
c.Jted up by Mrs. Blears. I arrompenird Britton, the constable,
irto the double-bedded mom In Mrs. Illeatit's Ito se. We saw sonic
bleed neer the chest of drateeet, and we traced it along the lobby
it., the elith-roam, where we Mend Elizabeth Bates lying tl:ad,
en.l covered with blood. There was a man's black stork found in
tree bed-romn by the constehle. I found a yellow stick under the
'square of the sofa in the bar. I gave it to the constable. When
me aunt c-tilts! me, she was bleeding, and had the blade of a knife
stuck uheer her lett eye.
Hinton. cc:tit-Med by Mr. CovwlSttAY—l am a eonsta.
I.le at Barton. I was sent for on the night of the murder, and I
treed blood from the dneble.bedried room across the lobby into the
elit Is rutin, where the body ley dead. I found the black stock now
roduced in the bed-room. I took the knife now produced out of
Mrs. Filmes' face. This kind of knife is generally called a bread
whettle by none people. I received from Mc Edward Faunas the
handkerchief now produced. When I picked up the neck it had
fresh bloody marks upon it. This knife is not one of the kind that
tun generally carry about in their pockets.
Robert Higgins, the boy, was recalled—l sometimn waited upon
the enetomerti. but I did not do so on the night of the murder. Illy
e'rier work is ontstloor work. I don't know of any such knife as
Viet now pi educed being in my master's house.
Joseph Blears and Mrs. Blears were recalled, and they swore
that they had never had in their possession any knife similar to the
one produced.
Mary Andrews recalled—l received the handle of the knife from
some man whom I don't know, and I gave it to the constable.
Simon Williamson examined by Mr. ifonnTetrer —My house
and lord are adjoining to Pleare's publie-hottee. On the morning
11er the murder I (mod a handkerchief near the hedge which di.
ales out lands from Mr. Blears 's premises; the hedge appearal as
if some person had come through it from the public-house ; I could
trace.fnotstepe from the plate where I found the handkerchief for
two yards, in a direction leading from the public-house to the
bridge ' • I gave the handkerchief to Mr. Edward Foulkes.
Mr. Edward Foulkes examined— I received from the last wit-
ness the handkerchief now produced.
31r. Hancock eknmMeti—l am a surgeon, residing at Manches-
ter; I have known the prisoner 3lichael for two eon; I lodged
in his house about a month or six weeks; I have known the pri-
boner Alexander about twelve months; Michael's house was in
ityron-pleee. Parliament-sit eel, 31anchester; Michael gave up the
I.•orse to Alexander, with whom I continual to lodge up to the 2:kl
art May last ; upon that day they dined together in 3lanchrster,
and I parted from them in Salford at five o'clock, and they went on
the mail leading to Bleant's Immo ; they both wine blue COME and
black vomiters; on that day Alexander had in his hand the stock
now produced ; on the Friday or Saturday before the murder Michael
had a pocket-handkerchief' r.imiler t the one row produced; on
that day 3lielsael's beard grew all under his chin; the handkerchief
sow produced is not hemmed ; I had half a dozen of similar hand-
kerchiefs unliemmed, but I have loot them all.
Creeshexemined by Mr. O. F. JON es-11 believe the police took
ptuateretion of the furniture belonging to the prisoner ; the stock now
pnelueed is one of those generally sold in the shops at Manchester;
I .1 e handkerchief is of a pattern very generally sold in Manchester;
when I parted with the prisoners they said they did not 'eta)* whe-
ther they should return that night cat hot.
Richard Farraday examined by Dlr. Coo nrr.MAY —1 am a eon-
stahle at Kirkby Stephen ; in consequence of a kand-bill which I
load seen I went in pursuit of the prisoners on the ?nth of 3lay last ;
I passed them on the road, and went before them to a public-house
between Kendal and Appleby, anti got assistance; the prisoner
Alexander first came up, and 1 treated him to a glass of ale, and
when he drank it I took him into custody, but 1 did not tell hint
*hat it was foe; Michael afterwatds came up, and I took him into
cuetody; when I took them before a 31agistrate Alexander said hit
DAR* was Kirk, and 3lichael said his name was Castle.
Crosa-namirted by Mr. D. F. Jos in —liten I took Alexander
into custody, I did not tell him what lie was charged with, nor did
1 show him any authority tar apprehending hint.
By she COURT—When I newt apprchen.lal Michael, I hid him
that it was for bastardy, but I afterwards told hint the truth.
William Garside, a sumeon, examined by Mr. Sergeant (limes—
I saw the body of the deceased. Her death was occasioned by
haying her throat cut with a sharp itittrument.
Mr. Hancock recalled—l never saw in the prisoners' house any
knife like the one now produced. I know a woman named Sarah
Stewart; I saw her and the prisoners together a few day before the
der. On the Saturday before the murder, there was a public
*aloof Mrs. Stewart'. stock of cutlery. About that time I saw
the prisoner- Michael, at her shop; I don't remember having
seen any knives of this description in her shop.
Mrs. Stewart was called upon her recognizance, but she did not
cep
Stephen Lavender examined by Mr. Sergeant Caose—l am
Deputy Constable of Manchester. On the day the inquest was held
upon the body of Elizabeth Bates, I went to Mrs. Stewart's shop,
and I saw there several knives which corresponded in every respect
(maker's name, blade, and handle) with theinite now produced.
traita.examiaed by Pile. D. F. doers—When I went to dirs.
Stewart's shop, I did not see either of the prisoners there I knew
•• tat the prisoners' property was seized by the Police, and I believe
they had no means of paying the expense of their defence until I
made an advance to them since the commencement of the Assizes.
Re-examined-1 cat ertil to make them an advance of money a
month ago.
James Bradburn, who made the model produced in Court, swore
that it was a correct one.
Ale. Sergeant l'itoss—That's the case fur the prosecution.
The prisoners having been asked if they had any thing to ray In

their defence,
Alexander M'Kean said, be knew nothing of the minder: that
Ire had not seen his brother for three weeks before the 22d of May;
Vial lie was in the habit of frequenting Mr. Blears's house; that o.t
tee evening of the said day he went to the house to take a glees of
grog; that he got very tipsy ; that the landlord struck hint, and
raid, he (the landlord) could drink as much as three such fellows
a. the prisoners, and that he (the prisoner) then fell asleep upon the
. eel, about half-past nine o'clock, and did not know what passed
eiterwards.
The prisoner, Michael 1111Cettn, in hie defence, said that he went
to Blears'o house (in which he had never been but once before) in
order to take a glass of ale, whilst his brother, whom he had ac.
euegranied from Manchester, waited at a house about a quarter of
a mutt from Blears's house, in order to settle some accounts. The
pruoner here detailed what reseed at the bar, and concluded by
statics, that his brother was drunk upon the sofa ; that he (the
prisoner) had taken too much liquor ; slat lie remembered little of
abut 1144 passed, and that he could, with a clear conscience, appear
before the great Clod of Heaven, and say, that he had never taken
any a capon to commit a murder, or to aid any one in committing
usurder.
J metre PARK—[lave the prisoners any thing elm to say?
.ignlichael Al-Kean— lie had not been uric to prepare his defence
eteitsquence of not having been supplied with sufficient money
(unit about four days ago. lie knew that his life hung up en a
•ere slender thread, and probably he had but a short time hi live,
need it would be therefore wrong in him to state a falseheo I ; but he
'detested, in the presence of Gal anti man, that in this transaction
;to bad nothing to animer kr, and he should leave it to his lewd.
Shitin&hd tee Joey to return whatever verdict they might think fit.
Mr Justice PARK' in summing up the evidence, told the Jury
that if they believed Ale:ender M•lieand was the person who
lied com ttt i t ted this deed, lie was guilty of murder, although when
he entered the house, or when he went up stairs, he had no in-
. tendon to do no, title to do that whicn had been insinuated by tile
questions put by his Learned Counsel. If the Jury ehould be of
opinien that such wee his original intention, anti that the other
prisoner went to the house for the purpose of siding him to carry
that Intention into effect, then the prisoner, Michael. could not
lie found guilty of the charge in this indictment ; but if the inten-
tion of the Innen.; Alexander, was to commit murder, and that
tee other prisoner went to Blears% house to nil anti assist Alex-
ander. he (Michael) was as guilty, by remaining at the foot of
the mire, as if he had been to die room when tire murder was
neentrieted. With respect to the question of melice, he was binind
to tell the Jury that it' they believed Alexander had dime the deed,
tt would not be necessary for them to tike any pains to find out
shit might have been his reason for doing so, because the law,
in all such nom preowned muliee.
When hie Lordship had concluded hie summing ue—
Michael 31lieand—lt had been sail that he had been repre-
seated to have done this act fire the purpose of getting the money
in Mr. Blears's house. He had no necessity for the ittoney, as he
was able to get sulEcient to supply his wants : and had often
leapt in rooms where there were different persons who had money,
but he had never been charged with any thing before this unfortu.
nate business. Ha had been five nr six years in England; had W-
eisel avoided public house,, sod had never been, during that
tune, the worse for liquor more than twice. He had not had suf-
ficient oppurtunities to prepare his defence, and he had been very
Millen scandalized in tire newspapers.
11r. Justice PARK—With respect to the lance anterdon made by
the prisoner, he (Mr. Justice Park) meet wry, it was a grievous
evil if every case which is to be brought into a Court is to be die.
cussed in the newspaper t and, if such I course be per.ieted in, the
instice of the country will be paralyzed. He meted. however, that
We Jurors would remember. that their duty was to decide upon the
evidence, and upon that alone. anti rent to stiffer therneelves to be
influenced by any thing which they might have heard or read before
they entered the jury-has.
The Jury having retired for about seven minutes, returned into
Court. and foueil the prironere--elethy.
Mr. Justice Poor. who was aGicied even in learn, pronounced
atm awful sentence of ter law, that the prisoners be hanged on Mon.
eise next, and their bodies be dissected and anatomised, pursuant
to the statute.
The prisoners heard the sentence perfectly unmoved, one Michael
,M.Keanil, upon leaving the her, said, I have been now innvicted
pf . the charge. I have never commieed the murder. I never in.
tended to ceininit a niertier. Whale% er my brother may have done,
nis too much that I should he anisw.rable for it. declare this
bake God, who sees what pauses within mc, and from whom it is
useleso to conceal any thing.
CIVIL SIDE.
(Before Mr. Baron Hi LLOCI ands Special Jitry.)
mose. Len O. WALlifn.
This was au action brought by Sir Oswald hloseley to determine
le tight to certain toile alleged to be e.Le and payable to the plain.

thrall Lord of the Manor of Alanche.ter. It was proved that. by
a grant of Edward the First, the Lord of the Manor was entitled to
receive tolls on all lish, vegetables, and butcher meat sold within
the precincts of the manor, and that he had appointed a market for
thn tale of those articles at a place called the Old Market, in Man-
cheater. The defemlant had hired a stand in the market, for which
he hail paid rent to the plaintiff, but he had also hired a house at
the corner of the street immediately adjoining the market, and had
there sold lish without time license of the plaintiff.
It was contended, by Mr. SCARLETT, that the sale of fish at
the adjoining house was an infringement of the plaintiff's right, and
that the defendant was liable to pay toll in respect thereof.
Mr. Ilancortaas, for the defendant, argued that the law had
never intended to deprive the inhabitants of so large a town as Man-
chester of the right of selling fish, meat, or vegetables In their own
houses, and attempted to prove an usage contrary to the right
claimed by the Lord of the Manor.
The witnesses called to support the usage were, however, prin-
cipally psnons in the wholesale fish trade, and did not show the
existence of any custom to retail fish without license.
The Jury, under the direction of the Learned Judge. found a
(mullet for the plaintiff. At the same time, the Foreman handed to
Mr. Baron Bullock a paper for his perusal.
llis LoansittP, having read it, abscised, that it ought properly
to have been given to Mr. Searlett.
It was accordingly handed to that Learned Gentleman, who maid
that the plaintiff would be happy to attend to any suggestion cooling
from so respectable a quarter. Mr. Scarlett then put the paper in
his pocket.
Mr. BROUGHAM expressed a wish to see the document which
had just been handed to his Learned Friend.
Mr. SCARLRTT appeared to hesitate, and did not immediately
comply with Mr. Brougham's request.
Mr. BROUGHAM then appealed to the Learned Judge, and asked
whether, in his opinion, he (Mr. Brougham) was not entitled to
peruse the contents of the paper ?
Mr. Baron II u Luicx answered in the affirmative.
Mr. SCAULETT—IIe shall see it, my Lord. hut lie need not
have made a question of it now. lie mast have known that I in-
tended to give it him.
Mr. BROUGHAM—I (lid not know it. How could I, when you
put the paper in your pocket ?
The paper was then handed to the Learned Gentleman, win' pe-
rused it, and returned it tmi Mr. &Arlen.

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