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wasrne ; could not swear Tf the candle wanted snuffing; the prosecutor
leaving the witness-box. when
Mr. ALEXANDER wished to pot a few more questions to him.
The Junne—l will, Mr. Alexander.
M'ittiess--We had a house piavided for us; the Commissioners
of the Road provided it few us. There was no contract in writing
between the witness an one Con-onissioners. If there is any, it is
with 3lr. Ward an.. the Conimisaioners. He collects the toll 1
for Mr. Ward, and is paid by the week, with the privilege of living
in the house. There was no agreement between hint and Mr.
Ward sheet giving notice to milk.
The prisoner wished to knew what clothes be wore when witness
saw has first. l
Witness—lle was then dressed !n a blue smock frock; don't
recollect his dress when dlr. Ward paid his wages at his house.
Benjamin Brown examined by Mr. ALDERSON—Is the super-
intendant of the roads under Mr. Ward ; knows the prisoners; has !
known them upwards of tan years on the road. The prisoner nearest I
hint bore the name of Morris Cat:heir, and the other Shebat' I
\nee.; these were their names; whilst on the road he had another
named Peter White; knows Timothy (!onotl:/; he lest on the Bth.
Fitzpatrick did not work on the roads; he hat, only come over on
the Saturday ; there were wages due to Morris I 'aufield. !Michael
White had nut any due to hint ; he paid !Burners when it was due ;
he got credit by the month ; he paid it on the Bth ; they went away
OD the 8111 of March.
Cross-examined by Mr. A LEXANDE a —Contdty left; White was
at Sir ,Rolm Keyes; Fitzpatrick had left two months before.
Jerry Don examined by Mr. 3letine.—lle Is an Irishman ; •
came to England two yearn ago last May ; he worked on the roads ;
has worked between Leeds and Wakefield; knows. the two pri.
loners at the bar t they worked on the road the same time he i
did • knows Conolly, he was a tall man, he also worked on the •
mad with him, and Fitzpatrick too; White and Canfield left Leeds
road, and went to M'aketield and Huddersfield ; Mr. Vlrard is sur.
eerie of the roads; witness wan removed a fortnight after do the same I
road ; he left the road in Marsh ; he went to assio in brick-making ; !
he worked in Wakefield 31arcli ll ; remembers seeing the pri.l
semen; Conolly and Fitzpatrick met me on the road ; I said, where!
arc you going ; they said to Wakefield. to get a watch repaired ; i
they said, if they had a sixpence m a shilling when they mine back,
they would treat me with a quart of ale ; they all four came hick
together in about three-quarters of an hour; they came to the
Union public-house—this was between five and six o'clock, he
.myed with them until past eight o'clock ; they had a quart oleic'
before he came in—i answered for three quarts—they who kept die
I public-house knew me, and the prisoners and the other men asked
nee to pay tor them, and they said they would treat ate next
time; I asked the mistrms to trust me three quarts of ale; they
invited me to the ptiblic-house ; they said if they hada sixpence
or a shilling they would treat me the next time. I went to an ar.-
qttaintance of mine, and saw no more of them ; is sure it was on
ilonday ; on the following morning at nine o'clock he was M-
iura:ell of the robbery.
This witness was not cross-examined by Mr. A L W xxx Dr 111.
Richard itirkenshaw examined by Mr. ALDERSON—NC is the
deputy constable of Ailerchorpe. lie was at the Union public.
house. lle saw four Irish labourers there. They went all away
and came hack again. It was about five o'clock when he saw them
first first there. Jerry thin, the witness, came in after. A tall
man was there called 'Tint. Newton-bar is in the parish of 'Wake-
field.
This witness was not crostnexamined.
George Smith examined by Mr. !Beene—Knows Michael
White. He lodged at his father's house. it is in Sandy-lane, be-
tween Huddersfield and Wakefield. lie was working for Surgeon
Rave. Ile lives on the side of the road. He was making a fish-
pond;he lodged there nine or ten weeks. The Bth of March
was the last day he was there. He did not sleep at home that
night ; he was at home un the Sunday. The prisoner went
to look at the navigation ; Cauheld was with him ; also Fits.
patriek and Conolly. He saw the whole four men talking to
• in the forenoon. White did sleep at home that night.,
On Monday be set off to go to Wakeheld„ with three or four
turn. I asked him where he was going, and lie said to Vrako.
field. He Caine home on Tuesday morning ; it was six o'clock.
Ile took his shirt and stockings (the whole of his linen)
away. I said, "Where are you going ?" He gave me no an.
swer at first. I followed him up. and be said he was going to
Iluddenfield, and should return in about a week. Morris Caufield
was with him. I saw him afterwards at Rochdale in charge of a
constable. He gave me no information that be was going away.
Ile owed ma money. Ile traced him to Rochdale. Morris Cau.
field was with him. The tall man was not there. Caufield was in
custody. Ile did not hear the prisoners tell their names.
Cross-examined by Mr..11-exianen—White was working for
Sir John Kaye.
Jane Robinson examined by Mr.A Ent IMON—Morris Caufield
lodged at her house nine or ten weeks before the Bth of March.
Remembers the Bth of March. Did not see the prisoner to-
gether. Morris Canfield went away at eight o'clock. She saw
nothing more of hint until night. Ile came back between twelve
and one o'clock. Michael M bite and another, a big man, stood
at the door, but did not coin[ in. The big man was Timothy.
Morris Caufield and Michael White went to bed at her house.
Caufield got up and had his breakfast. They went away one
after another. 'White went away first. lle was in debt to her
about nine or ten shillings. She did not know he was going
away. They had brown velveteen jackets on. They returned
in the same dress.
sarah Iralsher examined by Mr. filerstr --She lives near
Grange-lane, near Grange Ash ; had a lodger named Timothy, as
they call him ; he was a tall man; she saw him so the Ikli of
March (Tuesday); also on Monday morning ; at night when has
went to bed he had not come in, he came home afterwards; hews
In bed when she got up on the Tuesday morning; he got wad
went away; he owed her Ifte.; he had lived with her five nielflass
be did not say he was going away ; has never seen him since.
Thomas Pester examined by Mr. AL DERSOR—Liwes in Sandy.
lane. Morris Canfield brought Fitzpatrick to his house; be lodged
at his house. On Sunday morning all the four came. Witness
mends shoes. Fitzpatrick came home between twelve and 0041.
He went to bed. My wife said he had not put the light out. He
got up about an hour afterwards and went away. They had eel.
veteen Jackets on when they went away.
Cross-examined by Mr. AL Erie oto—Other men have the
same dresses.
Mary Itedfonl examined by Mr. MAUDE—Is housekeeper to
Benjamin Russell, on Grunge dinar. The house is on the road-side
leading to Huddersfield. A little before nine o'clock four men tame
to her house. On the 'Tuesday morning two of the prisoners cane
by. Tim and an old man was there. They had two quarts and a
pint. Tint paid for the last quart. They stopped for a quarter of
an hour, and she saw no more of them.
Cross-examined by Mr. ALEXANDER—Many persons call at
her house ; she don't always observe persons who call.
James Homer, examined by Mr. Amszusox—ls a publican, I
and lives at Drys House. A person going to Grange Moor would
go by Huddersfield. Remembers four persons coming to the Louse
between four and five in the afterr.oon ; should not know them
again. Did not take much notice of them. They had two or three
quarts of ale ; had no gin. They left his house • little before fin*
His house is on the road to Manchester.
Cross-examined by Mr. ALes•wriel...-There ars many nub.
gators that war.
John Marsden examined by Mr. MArDE—Keeps the New Inn,
at Sodend. His house is betwixt Ilalifax and Rochdale, about
seven miles and a half front Halifax. The town lies betwixt.
Remembers some men coming to his house on the 10th of 31=
(Wednesday) ; their dress was green velveteen jackets. He
known them again ; the t so prisoners were there; this was twelve
o'clock. Two of them hail nearly new clothes; new velveteen)
jackets and content), breeches. They remained until near five or
six ; had some beer and gin. They were pretty good customers.
They spent very freely. They treated a man. A woman was there,
and a man of the name of Robert Smith. They paid in silver, in
turns. Can't say how much they spent. The big man wanted I
change for a'l. 'West Riding Bank note.
31f. ALEXANDER thought the Identity was not sufficient.
JUDCr.—They were two of thereto..
M'itness—lle took the note. His wife brought the silver. He
did not see his wife give them the change. She brought the DIM
Ito him directly afterwards. Ile gave it to Mr. Newman.
Cross-examined by Mr. A L ezexuret—Befewe lie put it in his
pocket ho went to see the man who gave it her; be did not see bias
give it her.
Mr. 31.u:ow—The man was pointed out,by her in the prisoner**
presence ; can't say if the prisoner heard lier.
eh:DOE—lle gave her a wayneign and two notes. She gam
him another note and nineteen shillings. The prisoner cane and
asked him if he hod got sovereign' instead of notes.
JUDGE—IIe had not the change in his hands. I said we had
not got any. The prisoner did not say why he wished sovereigns
for notes.
J. Namm examined by Mr. A LDESSON.—IIe was In the house
• when the four prisoners came in. (Inc was a tall man ; he produced
'a note, and said he wanted change fur it; he wished sovereigns for 1
it; he got change ; the witness gave hint the change - one sore-
reign, three notes, and the remainder in silver. The tall man took
a handkerchief out of his breast, containing all half-crown pieces
seemingly ; he had • dark fustian jacket on ; his boots appeared to
be nearly new. White had the sante clothes on he has now; they
appeared to be nearly new. They appeared to drink very freely.
I They went away between five and six, taking the road towards
Rochdale.
Martha Faulkner examined by Mr. Blerug..—She keeps the
'Coach and Hones, rear S'oilentl, two and a half miles beyond
Rochdale. (in IVednesday four persons came I it was between fire
and six. Our was a eery tall man. Thera were no ;persons but
ourselves in. Some men came in. The four men were in the par.
I lour ; they called for a quart of ale ; they insisted on beds; they
began to be rude ; we took the ale and glass away ; they challenged
all the men in the house. The other men did nut go. They had
another quart of ale. They went down to Littleborough, about four
miles from their house.
Joseph Faulkner examined by Mr. ALutasow.—Renvernben
tour men coming to his mother's hmise ; two of the men were the
prisoners at the bar. Three were taken at the Rake public-house
at Littlebo rough. lie went with them to Rochdale with the COD.
stable. The tall man got away. The others were conveyed to
Manchester. Can't say what names they went by.
Susannah Clegg examined by Mr. 31Avnt —Keeps a public.
house at Littleboroueh ; two came first, and another afterwanls ;
it was between 9 and le in the minting ; it was on the Wednesday g
they had dark jackets ; they asked for a quart of beer and ale;
she refused them ; some constables ale:rem-dace-me, and they were
taken away.
Mr. Crosby, Constabla—Took the men in custody ; he hand.
cuffied White and another to Manchester. I was before : they
cried out one was gone, and the tall man escaped. Did not know
of the charge now trying.
J I.o6E—Were they searched.
%Vitness—The two prisoners were searched ; nothing was found
upon them.
JODOE—lle leaked for no money ; he only looked after the man
that was misting. 1

Joint ntott. examined by Mr. fiLsynx.—lie is a conshible a!
Litdeborough. Took the prisoner into custody ; one gave his
name Thomas Doyle, and the other Michael M•(irain. Michael
Kaye and Jonathan Collins were prisoners, one of them escaped.
Illinois took the prisoners to Rochdale, before a Magistrate.
They were not searched. Doyle changed half-a-crown fur drink.
I saw some motley in Al'Orain's night-cap. They were committed
to gaol.
Alexander Derbyshire, examined by Mr. ALDEssow.—lie Is
, one of the turnkeys at idanchester gaol. Ile found on White,
and on Canfield Gd. There were seven half-crowns, and the
rest in shillings,
Jobnr%Visenum, examined by Mr. A ;3)mm:sm.—lle has the 4 .
note ; helms had it in his custody ever since. Ile had it from Mr.
Marsden.

The prowcutor Iran called up again, to identify the note.
The Juno objected. _

James Shepherd, examined by lir. 3lay or.—lie is the gaoler
of York Castle. He went with the prosecutor to I'llandiesier.
Does not recollect when it was—a short time after Pomfret Ses-
sions. lie did not expect to be called upon on this trial. The
prisoners were called up; there new seven present. Ellis said
nothing in their presence. Witbess ailed if he knew them.
The Junc r objected.
Witneve—The prosecutor afterwards sae them in the court yard,
and identified them. He had no doubt the misoners at the bet
were the men.

Cross.examined by Mr. ALE:IIPDEII.—The prosecutor went
there to recognise the prisoner'.
Mr. IfnunE then said, this, my Lord, is the case on the part of
the Crown.

The Learned Juno,: called on the prisoners for their defence.
The prisoner White said, that it was only a twelve-month ago
last March he came front Ireland, and that on the night of the
robbery he was at Brighorst.
The other prisoner merely said that there were only six men pre-
sent in the court-yard, when the prosecutor identified them at
Manchester.
Mr. ALEXANDER then said, as Mr. Justice Park had decided
that the entry into as house, as laid in this indictment, was well laid,
he would say nothing on that head, but that he would take an
objection, on the part of the prisoners, to that part of the indict-
ment where it was laid that the premises where the robbery had
been committed was in the occupation of Edward Ellis ; whereus
it should have been, in the possession of " Mr. Ward, the trustee
of the roads :" that he was the lessor, and the right of the house
wirbere the tollgate was situate was n him, and not in the prose-
i' tutor. The Learned Counsel then cited several cases, viz. 2
.teselt, p. 1018. where servants in Government establishromts could
, Only be considered in the light of agents, and not principals ; and
: in 1 Leach, ir. 131. where the place must be laid in the in.
I dierment. The lessor and the lessee were different parties in ha.
and where the latter case was against a corporation, It was decided
that the house ought to he mentioned in the indictment. This lat-
ter case, however, said the Learmal Gentleman, bore against hint ;
but he wished to take his Lordship's opinion en the question he
had thought it his duty to raise on so important a trial as this, and
where the prisoners, it convicted, would probably pay the forfeit of
their Dives.

—The Lamed Junct in reply, said, he thought Mr. Alexen-
der's objection was not well tOunded in law, although he would
(in case of the ptisoners` conviction) reserve the point for the can.,
sideration of the twelve Judges. As the law now stood the pro.
secutor certainly had an interest in the premises; fur It was his
dwelling-house. His Lordship said, he recollected a case decided
by Lord Ellenborough when on the Northern Circuit, at the Assizes
for Durham, where the indictment was laid in a pit-house, in the
occupation of a tenant, and not the house he resided in, which was
held to be bad, because it was not the house in which the party
resided. In " the king r. Coplin," where the workmen pair. Ids.
per week for their master, it was held that it ought to have been
the master's or workmen. Itt this case, however, his lainiship
thought It could not be laid in Ward's own name—Derbyshire
case more applied to this ease than those cited where the dwelling-
house was in the workmen ant not in their employers; he thought
it might be laid either way.
The Learned JUDGE then charged the Jury, and described the
nature of the law as to the breaking into a dwelling-house in the;
night time. It was not material, said his Lordship, whether the
doors were broken or not to constitute the capital charge; the very
opening a window was sufficient to constitute the crime; whether
by anitice or by force, it mattered not as to law of burglary. With
respect to its being the house of the prosecutor or not that had no-
thing to do with their verdict. The only question for their cohsi_
deration was, had a burglary or not been committed, and if so, had
it been made out to their satisfaction whether the two men at the
bar were the men, or part of the men, who had committed the bur-
glary laid to their chargr. It was no matter whether they were the
actual persons who committed the outrage or not, it was sufficient 1
to convict them if they were of the party who committed that rob.
bevy and burglary, and they were equally guilty in the eye of the
law. The Learned Judge then proceeded to raid his notes, and
commented on the evidence at considerable length as he proceeded.
The Jury, after consulting together for ten minutes, brought in
a verdict of Ckilly—Lkatk.
The Learned Jcucc, In a very impressive and feeling manner,
passed upon the prisoners the sentence of the law ; and advised
them to prepare for an awful eternity, as they could expect no
mercy on this side the grave ; their crime was too enormous, said
his Lordship, to dwell on it for a moment ; and the short time they
bad left them he advised them to spend in prayer and meditation,
Lowder to make their peace with their Maker.
The prisoners acre dressed in fustian jackets, and betrayed no
fear whilst on their trials.
The Juno E afterwards overruled Mr. Alexander's objections.
The prisoners ere expected to be executed soon after the Judges
leave this place.
The Court was crowded to suffocation,

These are the only prisoners left to sillier the severest sentence of
the law. Their names were not in the calendar of prisoners for
trial, and their trial was not expected to come On these Assizes.

IRISH CIRCUITS.

COUNTY MONAGHAN ASSIZES..—TVESDAY. Avo. S.

MURDER AT BALLYBAY._

Samuel Gray and Henry Gray, were indicted for that they, on
the fib of !lay last, at Hallybay, did wilfclly and feloniously kill
and murder Bernard 31`31ahon, by giving him divers mortal
wounds, of which he instantly died. To Chia indictment the pri-
loners pleaded Not Guilty.
Pat. Ward, the first witness called, was examined by Mr. O'HAN.
LON—lie lived at Ballybay, and was a stone-mason : on the fith of
May. witness saw a quarrel in the street, between Phil. Hannan and
man who sold plants ; Henry Gray interfered ; he pulled a whip
out of the plantman's hand, and struck Bannan with it ; the blow
cut Bannan over the right eye ; witness and another man interferixl
and took Bannan away ; sonic little time afterwards witness saw S.
and Henry Gray engaged with a man named Leonard, opposite
Samuel Gray's house; the deceased, 31`31ahon, came up and said,
" Peace, pace;" S. Gray asked what was that to him, gave him
a push with his open hand, and before he could recover himself,
knocked him down—when deceased fell, Samuel Gray gave him a
kick, which seemed to be a tight" one; afterwards he gave him
a second kick ; the kicks struck the deceased on the side ; after de-
ceased got the second kick, he attempted to rise and fell down again ;
be begged for mercy, and asked was there no one to save him;
Henry (tray then leaped on hint, and he and his brother Samuel
had kick about at him. After the deceased had gotten a few kicks
in that way, fur about live minutes, Samuel (tray tan out of the
crowd, and asked, " Where is the ruffian who commenced this ?"
He then took hold of a man named 31`Cartney, and dragged him ofr
towards the black hole. Witness went up to the deceased, who was
lying on the Hap, and lifted him up—the breath was just departing
front him—his eyes were turned upwards; witness went out of the
crowd and niet Samuel Gray ; told him 31`Mahon was dead, and
he replied, "1/evil's cure to hint: let him take what he has got."
Did not see the deceased do anything to the Grays, or any one
meddle with him but them.

John M'eafrrey, extenined by 3lr. GIL mone—Lives at Bally-
bay ; remembered the Saturday evening when a man was killed;
saw a crowd assembled at Salmis' Gray's door ; a soldier was stand.
ing there ; Simnel Gray came over to him and gave him a push ;
the soldier's rap fell oft, which he lifted; an old man then struck
the soldier with a stick ; Pat. Leonard seized hold of that man, and
a scuffle ensued between Leonard and Samuel Gray ; Samuel (ray
asked deceased what business he had to interfere, and he replied be
wanted to make peace. Samuel Gray then gave decea4eil a drive
from him ; the crowd pressed together, and witness got out or it;
lost sight of the parties for a little time; when witness saw them
spin the deceased was down, and Samuel Gray kicking him; after
giving hint two or three kicks he scented inclined to leave him,
which he did do after tirst giving hint another kick. Saw a strange
man go forward and lift deceased, and then lay him down again ;
he was perfectly deed, and only gave one sigh after getting the kick.
Deceased fell about four yards front a little stone pillar at the end
of the pavement.
By the rottter —lVitness is a blacksmith, and done all the work
fur the prisoners for the last two or three years.
Archibald Amtstrong, examined by Mr. Foasst—Was present
in the crowd on the evening of the murder; saw Samuel Gray with
his hand on deceased's shoulders; Henry came forward and struck
deceased, when lie fell ; as he fell, Henry gave hint a kick, with
the heel of his boot or shoe, in the side; on which deceased rose'
OD his elbow and raid, " Oh : mercy, what have I done to be!
killed Henry Gray then gave him another kick under the chin,
and said, " Take that, you d—d rascal, for your interference."—
Had not seen deceatiA strike any one; he fell down from the chat'.
ncl across die footpath, about nine pares from the little pillar.
After the two doctors had given up the man as dead, the two Grays
came out, went on each side of the body, and told the people to
stand otTand give air to the deceased.
Patrick Leonard, examined by Mr. ft:sure—Saw deceased
knocked down by S. (:ray, who went back a little, aml then jump.
ed on his breast with his right foot; deceased did :tot do any thing
afterwards; Henry Gray kicked deceased on the it ft side; when
deceased first entered the crowd, he said, " For sake, boys,
let us hare pence." Sam. Gray asked him why he intetftral, and
after he had kicked hint, he said, " D—n his soul, kill hint out."
Ileny then gave hint a kick ; witnists was about titre: perches die.
tent at the time; no one touched the deceased but the prisoners.
Peter Mathews examined by Mr. O'Hawt.ox—Saw Sam. and
henry Gray dragging Leonard towards their own door, when he
fell--deceased stepped out of the crowd to lift Ithti, and, in reply
to a demand of what he wanted, said be wished for " peace."
, (fitness was tramped on in the crowd and therefore he forced has
way out; lie saw deceased going torwurd aril S. Gray after Ilia:
S. Ural" struck deceased, who asked '• Oh, what have I done 1."
Immediately elite which S. Gray again struek hint on the teeth-
31•3fahon fell, and, when Calling, S. Gray gave him a smart kick
on the stomach ; he fell over on his back ; he afterwards entica.
vuurcd to gather himself up, and said. " Oh ! Christ be near
me !" on which S. Gray gave him a second kick on the neck—he,
turned on his right side, ;rare a groan, and scented to expire. Saw
Fria Dully lift the de:eased after he was dead; Samuel Gray

thee, and lot till then, dragged off an eld named 11Martner
to the black hole. saying, I've settled me and I'll lay you up.'
At the time he kicked the deceased, he said, Let such ruffian;
as you take that" Identified Samuel Way ; did not we Henry
strike the deceased all.
Francis Duffy, examined by Mr. Foams—Deceas-d was lying
on the brood of his back when witness first saw hint ; Sam. Gray
sprung forward and gave him a kick in the neck with hit left foot,
saying, " he would settle the rascal"—"n which deceased
turned on l.ra Ica side, gale a sigh ur a gnarl, and did not again
move.

Dr. Rutherford was called on to view the body GIB. Pil`Afahon ;
met two or three men carrying it up the street, aid directed them
to hat it o..twn. round the deceased ►till breathing a little, but he
expired in :wo or three IllilltlteP. Witness, along with Surgeon
314 dissected the body afterwards; believed his death was
owing to a❑ injury he had received on the neck ; part of the ver-
tebrae was broken ; that was sufficient to cause immediate death ;
there was a sligl:t swelling on the outside of the neck.
('rocs-examincd-li'itness examined the enure body and saw co
other injury whatever.
Q. Do you think the vertebrae might have been so moth injured
by a fall on the stone ? A. des: a severe fall was the likeliest
way of inflicting such an injury ; it required uncommon farce to
bask the vertebrae.

Dr. 1111.;Icaan also examined the body, and found the vertebrae
hruken ; was !et! to examine ir, a, all the witilessus on the Como% 's
Inquest had spoken of a kirk (Ire, ',et: received on the Leek ; was
also of opinion that it n•yoircut great force to break the vertebrae,
it being so much covered v Ohl innsc:es.

•-• .....
Cuss closed for the I,l'osec...tint%
DEFENCE.
Robert lAtillow, or Leadlf, t"amined by Mr. HELL—Witness
was in Bally bay on the evening of the nth of 3lay ; Saw Pat Leo-
nard fighting in the street opposite 3lr. Hornet's new place; let
had his coat ofF, and witness, who bad a regard for him, endea-
voured to pacify him. A little afterwards witness saw a crowd at:
Sam. Gray's house; went forward to it and saw Leonard and
Henry Ilray fighting; saw Sam Gray leave the citowd with a nic,
in custodr, whom witness did not know, but since heard he was
called 1114'artney ; he teem towards the black hole ; saw the de-
cocted. Al'3lallon, in the crowd ; deceased bad been with ',contra
in the first row, an his friend ; saw 31`51ahun sell^ H. (hay by the
collar, while he won fighting Leonard; a tall man then stepped fir.
ward and struck deceased, who instantly fell; swore pnaiuvely it
was not Samuel Gray who struck deceased, nor was he then in the
crowd ; neither was it Henry Gray who struck him ; he was
enough eintagtd : he continued fighting with Leonard after de-
ceased fill ; the cry wai, that the man was dead ; annex, could po:
believe that one blow would kill a man, and did not at tint think
he was dead ; witness saw Leonard striking Henry (ray ; Henry
Gray did not strike deceased ; witness could not see whether or eat
deceased fell on a stone, as there was such a crowd around hint.
Ily a Juror—hid not see deceased reserve a kick after he fell :
was positive he (!id not.

Sainuel Smith examined by Mr. !formes—Witness saw the
first of the fray; a man struck a soldier, on which Mr. S. Gray
took hold of the man, and said he would put him into the bite:
hole for rioting Leonard tame t.p and attempted to rescue the
man ; Henry Gray then came out and told Leonard to let the man
go and not be raising a riot ; Leonard strtfelt Henry, and the two
began to tight ; Samuel then convoyed the old man away to the
black hole. In the course of the tight Henry mit the better of Leo-
nard, who W:l4 stooping forward ; witness u* the deceased step for.
ward and -strike Henry Gray on the neck, on which a decent-look.
ing man in the crowd, whoht witness did not know by came, struck.
deceased, who instantly fell ; there was a little t`tone pillar at the
end of the pavement on which deceased fell. Witness had a per-
fect view of the whole trans.tction, as he had gone into Thomas
Hillman's house and was looking nut of the window; kept hia
eyes on the crow& and saw distinctly the deceased knocked down.
Swore positively it was not either of the Grays who struck de.
ceased ; Samuel yes not in the email, and Henry was engaged
with Leonard. After deceased fell witne.* saw Samuel Gray coin.
ing from the black hole towards the crowd ; he RCM forward to the
deceased. looked at him, mid then went into hit house. but Imme-
diately ante out again with a glass lh his hand, and sornethini;
like wine in it, which he took to the place where deceased was
lying.
David Robinson, Charles 31•Cartncy. and George Taylor, gays
similar testimony to the preceding witnesses for the defence.
Rev. !lean Henry Roper bad known Mr. Gray since a boy
found him to be a perfectly honest loyal man ; placed great de.
pedence in Lim, and was never yet deceives!. Believed he had
been more than once committed in differences with his neighbours,
atid that Ilia temper had been irritated sometimes.
The Learned Judge (Baron CI. r i.r. *ND proceeded to charge
the Jury. This, said his Lordship, was one of those eases that too
often, unfortunately,acturred in this country, that If one heard one
side And shortly +tiler heard the other, he Would undoubtedly be
led to think they related to two different transactions; but of all the
cases that ever came before him, more opposite testimony he had
never heard than on the preterit trial. It was for the Jury. how-
ever, to decide on that evidence, slid say which they believed-
Were they to credit the case for the prosecution, they r. ere bound
to find one or other of the prisoners guilty of the murder; for some
of the witnesses had sworn that Samuel limy ;done had struck and
kicked the unfortunate deceased, while others had as positively are!
distinctly sworn that Henry alone bed given him the abuse which
terminated so fatally. On the other hand, did they believe the
witnesses for the defendants, it *as clear that Samuel Gray was
not chargeable, in the remotest degree, with the death of the de.
ceased; on the contrary, not only was he innocent of the imputed
crime, but he appeared to have used on the occasion in a very
laudable and praiseworthy manner, and exerted himself to the ut-
most to preserve the public pace; and as to the other prisoner.
Henry Gray, he was too much engaged with Leonard to be in a
situation to strike the deceased. As the trial seemed to excite a:.
extraordinary degree of feeling in the public mind, though for what
reason be was totally et a loss to understand, he Ole Learned
Baron) would even at that late hour read over his notes of the evi-
dence to the Jury, in order that they might rot have even a shadow
of doubt on their minds as to the verdict they should find: His
Lordship then proceeded to recapitulate the evidence at length,
commenting on It as he proceeded with his usual abilities, acil
concluded by telling the Jury, that the en".ariety of evidence ad-
duced against the prisoners, some of whi h too was of a very sus-
picious nature, was quite stiffisient to warrant them in acquitting
the prisoners, even if there were not such a strongly connected
chain of evidence as had been brought forward in defence.
The Juiy retired for two minutes, when they returned into
Court and their names were called over. _

Clerk of the Crown—" What say you. Gentlemen. are the pri-
soners, or either of them, guilty of the felony given you in
charge ?"
Foreman of the Jury—Net

The Junn e—" Samuel Cray, I don't think it right to discharge
you from the place where you stand without expressing my enure
satisfaction at your conduct on the evening alluded to. It is es,
dent you exerted yourself to the-utmost to preserve the peace in.
stead of disturbing it; and your conduct altogether entitles you to
great praise."
- - - - - - -

Renton] DIA was tried on Tuesday for the murder of his •ife,
Catharine Duffy, in March last, and found Cadtp. He was sen-
tenced to be hanged on Monday.

EXCESSIVE HEAT IN THE UNITED STATES,

Nrw You, JI:LY 14.

It is stated in the Savannah Gen-Arian, of the d instant.
that Mr. John Cellis, formerly mate of the ship Indian,
Chief, returning from the ship Juno, at Five Fathom, to
the city, in a pilot-boat, on Thursday. overcome by the
heat of the sun, fell into the arms of one of the pilots• and
expired in a few minutes. Ile had gone down to thr Juno
to take passage for New York, which he was not ab!e to
obtain, in consequence of her being full. An inqurst was
held over the body, and a verdict returned, " Died by the
visitation of God."

} Row eII•RLESTON.-o,u attentive correspordents at
Charhston have forwarded to us, per ship Franklin, their
papers to the Bth instant inclusive. They all speak of the
extremely warm weather in that city and different parts of
the State At Georgetown, on the 4th, the thermometer
stood at int A in the shade, and the gardens in the vicinity
and the highland crops were parched for want of rain. In
Colombia the thermometer was from 100 to 101, and is
Cheraw it rose from 90 to 105. A letter from Pineville of
the 4th speaks of the excessive heat and severe and destruc-
tive drought. Fears were entertained that the provision
crops would be lost or greatly injured. A thermometer.
'exposed to the sun, and suspended seven feet from the
ground, rose to 152 degrees, and was so hot when taken
down as to render it necessary to immerse it in water. The
letter concludes—" Four ncgroes on Monday fell victims
to the heat ; it appears, however, to have been cannel by
the too fret use of water—s,•veral others fainted. The
weather continues very clear, and no prospect of a change ;
a generzl order was given on Tuesday, not to permit th-'
negrocs to remain in the field later than one o'clock. sinse
.
which nn accident has happened. You will be surprised to
hear that the thermometer for several nights was at ra
degrees at eleven o'clock, and the house open."
We arc gratified, however, to learn from the Cowrie.,
of the sib, that a heavy fall of rain, with thunder and
lightning, on the evening previous, had cooled the atmo-
sphere. During the shower the house of Mrs. Coates,
and the ship La Fayette, were slightly injured by the
lightning.
CuraAw (8. V.), .tris
The excessive heat that has been exprrience,l in this
town during the last six days we presume is aleo;tether an-
paralleled in this country. The mercury in an excellent
Farenbeit thermometer stood at three o'clock. rem- exposed
to the air in the shade, on Saturday last, at 91 degrees ; oa
Sunday at 94 degrees ; on Monday at 103 degrees ; ma
Tuesday at 10:1 degrees ; ore Wednesday at lot elrreirs ;
and on Thursday at 100 elegrcss. During all this period
we have had no rain, and the heat still continues to be dis-
troningly oppressive. Should this weather continue, it
would not be surprising it' the town of Cheraw should ere
long he found completely depopulated. the citizais hos-
ing ereperated under suelordier.