The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-22 00:00:00

payer Of attorney Isis free, la sold of the whole of the bask.
rupt's property. • •
In the progress of the muse Mr. Sergeant ('noes found he cstald
pot Ilrovr the pet ninnies creditors' debt sinless he was put is pos-
session of two bill* of smchange, held by Mr. Pit:bard, the
petitioring creditor, ani biro was indemnified for them by ti e
Uefendants.
, tinder the attriie of 11 F. SCA. ETT, RiCilnoed refused to answer
411eilier tic had .those hills or not and Mr. Sergeant Cross then
"411 hNin into the witnesittbox : but the bills were ma fofilicottaing,
and list plaintiffs were accordingly iinnshited,
klr.settaxx mowed ter an attachment against the petiessirr,
creditor ter contempt pr his sulircenti, and the perste to whom he
said be gave the ft:ls, referred to in ,the above cease, were yin
talkingitogether ins very friendly manner.
A rule to show emetic was immediately granted.
• FRIDAY, AVG. 1:).
•111ANSI,ACCIITFR.
Mtteildos Kelly, Aged 2.5,-was capita, indicted for the iriltut
murder of John Warn at Liverpool, in t!ie month of Auguat
last.
Mr. CrauXE conducted the prilecutinn.
Davis exatnined.—l remember the night or the 2d Adguat.
I was close to Walt', on the brow or the hill, and the others were
below. I taw Warn lift up his handl but I saw not Hog pact frou.
it. Coop that the deceased went back, and the piiioner followert
him. Tlre prisoner called on me to take the deceised away. It4r I
made no reply. Titeeleteased wa-s then- upon the ground, and de.
_ -
left that place, till
I returned in a
• six o'clock the
t row the night
of the ground
ibbish.
.• a woman triodeceased,
deceased. but
and keep

Liverpool Oh tkt
whet he heard
ruhhing away;
aria he mid ho
let him go
looked at the
t again. The
nod tee wont on

the main hetch-

peen the prisoner-
'tlo'h;ropi::ihciemofieeneup.
butenliet
cadomwen,upantdhenwereetll!ioienegwtneepeeeut
edatope down
Thomas W. Davis, a surgeon restdingitt St. Paul'a.seuare. le-
verresol, proved that a fracture on the !eft Bide of the head; Inflicted
by some rough instrument, war the cause of Warn's death,
Joseph Roche examined.-1 went on the 3d of Augult to the
hollow near the gaol at a quarter-past nine in the morning, I saw
a great deal of blood on half a brick and a piece of a bride. The
big piece had hair on it. and *as ctvered with blood; ape there
was also blood upon one side of the smaller piece. (Here the bricks
were prodneed and identified by the witness.)
Redbird Fortsher. another surgeon, was of tipittion that filch a
wound might be inflicted by a violent fa.l on the bricks.
By the Cot; nree'rhe fracture would produce blood imthedietely,
butt caret say in WE of a fall upon the •bricks that I should ex-
pect a great flow of blood upon them. I cannot undertake to sae>
whether the fractnte wee occasioned by te fall upon a brick, or by si
blow from Ai. A fill open a brick would have cut the hair, as ic
appears upon• the larger piece of brick ; a blow from a Mick would
have cut the hair in the mime way. The laceration might have
been produced by the fall. .
By the JVDGE--Aftet receiving .itch a wouhtl he eoidd not
strike any one, nor eould he have frecreently cried out " Murder."
(Mr. Davis receded and examined try the Court.)e"flow long
have you been a surgeon ?—Twelve years.
Does Mr. Fortsher's evidence alter your opinion ?. -I thint the
wound could not havebeen tied° eyena fall.
Mr. Forteher reecalled.-30 practice bat beet) veto extensive.
I hare been altogether thitiyefbur years a surgeon, twenty-three
of which I have been surgeoa 'to the' Infirmary, where woundi
received in affrays have repeatedly come under my notice. I can
form no judgment as to whether the wound was carted by a fill or
a blow.
The prisoner being cello.: upon for his defence, said on the
of August, he met the women alluded to ; they had some liquor
and then went to a retired place, where they met ,the decased and
another woman. The deceased said to the prieoner, what "
pretty you wee," and threw something at Mt: red bit thlreh
the right elbow. '1 lie blok was not beavy, though the mark Still •
remains. 1 got from the woman and, said, you are .not a man, to
treat a person with a woman in this way ; and went em to him and
pushed him perhaps three times. "My good man, get about your
butiness" said Ito him, bLt he would not go, and I applied to an-
other person to assist me and get him away. The other man did
hot come to me, and then I said let me go with the woman. out
which I received a blow on the back of the head, either from 14 brick
or a stone, I know not which, the night beiiig dark. lily hat wail
thrown over the hollow, I went again towards the deceased, who
bed retreated a few steps, and said. you are unmanly and an on.
merciful fellow, and then lie cried oqt " Watt's." The man Woukt
not dune to my assistance. I was then on the beset of te: hollow.
I ,pqshed the decanted from me, and desired the women to make
of) and ran fast awae.to avoid being taken by the eletchman,
es I did not wish any ohe to kneed dud I had,been ie. the.serape.
I inn towards the shore, when 1 sties Dasia, hire .thehsa e• elute
der," and upon that again I ran away to avoid the watchman,
_t
said to Davie, Ileac myself and me wife had hail a limn% and.
begged Davie to let nee go, which he then did: I left my watch
at the cook shoe. and went for it and got it, after spending i shill
ling upon call.. e then went delude home, and my mother let me
in. A neiehboiee saw me at my mothen'e door, and applied
planter to my head. Thee I went to bed, my head having ble
very much. This all I know about it, I certainly pushed tbi
decemied, but thought no more of his dying than any gentleman od
the Jury.
Mary Colson, the woman who was in company aith the pre:
'sorer on the night in question, corroborated hie alinement cs td
the offemtive language used tolvards him by the decefeted, and
also as to the bricks whiciewere thrown at him. Witnese, after
the affray. gave the prisoner his watth, end never date h"m nice:
till this day.
In mei-examination she admitted that she dial tell the same
story beibie the Magistrate on Monday last 11. f the didhere to-day;
but she persisted in saying that the deceased first used offensive
eflensive language to the prisoner, and hail thrown bt kite at him.
The deceased t'idniet get dp after ha Was struck, hnd as I wee
going away I heard a cry of •• Murder "."
Mr. Henie. Ole& examined—l ant a surgeoh at Mancheetet,
and have had a very extensive practice for the last four years. 111 y
father had a large practice, and I was hie pupil aed aseietanl.
Many canes of fractured skulls have petite under myseekic. qty
opinion is, that h, heavy fall upon bricks, rather, I andlild say,
threw, would have 'caused the wound described to.dej. A blot(
or a throw would have equally protleced it. Mal :tee !lair *multi
hale adhered to the britk as in the present case. ,
Cross-examined—l ifenk it almost impossible that .a
person
could stand upon his legs, and cry out •• watch, watch 1." after
having the parietal bones fractured in pieces. Such•a wound
would hate produced insensibility.
[The large!. Mick was hew handed to the wiinces' ; and dprin in-
specting if, he said it ikeieed iieth More probable that the head felt
upon itethan that it struck a blow.l
Mr. Justice BAYLEY—Have you any tate *here the death it
charged as beingleome to by a blow, and it rums but to be by
a fall, io which et was held that the mode ey which the death
was come to might be not strictly proved as charged in the indict.
rent ?
Mr. Ceenct said he had diteited his attention to that 3ubject;
but could tied nothing in point either way.
Thomas Lambe knew the. prisoner for several years, ins give
him an excellent character for humanity.
Mr. Fortaher recalled—.l have known toersons with fractuied
skulls able to steed and tail but, but not in a case ase esteneive A
fracture as the present.
Mr. Justice Bev ele•v—l have not such a conclusive opinion ca
my own in this ear, as to any thing decidedly; and I shall, there-
fore, Under alt ihe ciropmetenees, leave it to the Jury to sayathethet
the deceased came ttf his death by a blow from the prisoner, cr by
a push and a fall upon the bricks, in consequence of eitch lash.
The Jury are to give me their opinion as to the immediate eauee or
the death ; and if there be any thing in the point to erhith I di.:
rested the attention of Counsel in the course of these proceedings;
then I shall reserve it for another place.
The Jury, after consulting togethet Pee re ft* Minutes, tetutntti
a verdict—Guilty of Maristurighter. , •
CHARGE OF MURDER.
Joseph Standing was indicted for the murder of Martha Standing'
his wife, in the month of July last.
It appeared in evidence that the deceased was found lying bad
on the flags near the cellar in 'Which she and the prisoner daelt. At
they did not live happily together, seepicion fastened itself iapote
him. Several persons dwelt over the cellar, but no NteoEoo vl
cries were Matti.
Mr. John Birdelaw, a surgeon, residing et tair.;,(l, Bare it at hill
opinion th at the deceased be strarigelpeoe:
By th e Jl5 but.—The appeerenet 'More stated might have beel
produced by epilepeyor by apoplexy, but for the mark round 14
throat I could not say but that this woman died of apoplexy-. 1
have heard that her habits were very intemperate. which would cere
tahnly induce steopleity.. In case of a fit the vessels eieeeeatle
, swell about the throat—sometimes Tees, considerably. I think S
I cap string might occasion a mark, but not an indentatien, as in this
case. The mark on the throat was where the cap-string would
press. I saw po division .of the skin under the lett ear, though it
was coneitteraily depressed.
The ptisdner being called on for his defence, declared hifeetif
innocent ee the child that is yet to be bens.
r.Justice BAYLEY,iII reamitulatiog the evldente to the Jury;
said that the miss-mot was indicted for one of the highest clinics
which a man could commit. The principal evidence against Merl
was that given by the surgeon ; but exclusive of that pri?aeon:ned
a very peculiar case. Three was the
P6""rt' eterefhe nut
at a quarter before five o'clock to her husbenti s_ em_
band telling other
in a tit ; and nothing solar could militate . .
pe ite what he should do. and eh° ativ
who asked several she
against the husband
him to go to the Police Office
;eons a Using violence, lie eat ti
ducting himself could not be cons
loteee,
120
violence as might lifter indistinct his own life.
persersni-hefortrarthathe.atNaw a
mad
ip
eon.
would leave It to the Jury to weigh all the circurtestenela elf the
case, and if they had any doubt, they were bound. to give the be-
nefit to the prisoner. Ile did not mean to itripeach _the very
positive direct eximieation of the surgeon; bet where the life of
a fellow-Creature was at stake. It would be neeekikry foe himself as
well ae for the Jury, to be fully utistied Were they peetweented a
jtedgmerie about the certainty of which they might roe day ei•
"teethe, call themseleNt to account for. The Limited Judge oho
a:vetted to the etithats with the reateot intimating, rind'. isis

• WS.G.4MCLI was lIICTI upon toe gra
sired mato call the '• vetch." From the time I left It
1 got to Iloward.street, I heard Warn cry murder. I
few minutes and found the deceased groshlng. At si
next morning, I heard the prisoner say hy was in a I
before, and had the sleeve of his coat cut. .'he whale e
near the Hollow eras covered with loose bricks and rut
Cross•exantnexibylt.t. VENABLEs.—There was a
the prisoner', find believe there was one with the deo
cannot beliosithre. prisoner wished me to interfere
deceased, but I declined so to do.
James Aspinal was walking with his wife at Lice
night of the 2d of August last, near the Itotnoda, w
cries of " Mutder !" mud soon after met the prisoner et
I stopped him, asked him what he had been tiding, at
had hstl some words with his wife, and desired fue td
which I did. The night was tether light, and I
prisoner steadfastly, in order that I might know hint
police officers came to my house the next morning, an
board a vessel at the Prince's Dock. I looked ova the
way and saw four men at work, one of whom was