The British Press; or, Morning Literary Advertiser.
London, England, 1820-08-26 00:00:00

CUMBERLAND ASSIZES.

F,r JOHN BAYLEY and Sir JAMES ALL4II PARK,
• in Curlaile on Satuiday eveping, from New-
i.tle, a. 1.1 immediately proceeded to the Court
!louse, aid opttied the 'Comma/ion of As.ize and
(;e'wral G io! Delivery, for the County of Cont.
le•dand.

CROWN RAR.—Mr. ).slice BAVI.ZY.
MIME OF MURDER.

JJks Aahursi, a private in the 6 it dragoon'',
:,;•11 40, stood clorged by the Counter's Inquest,
v tth the wilful rnortlyr of John Artuorong, a coi-
n.) ivopintier, 14te of Botehergate, Carbide.
11.„ ARMSTRONG!, Tor the proiwention, briefly
atatrd the circumstances of the cure to the Jury,
which are detailed in the following et itlroce
TI Offlat Golding, a c itton-ai • er, was the find
11,Am...a sworn. Knew John Artn.trong, the orleceas-
•• I . • wa. iu entuiln.y w th him on the night of the
29t11 July last, along with John Bailey, Robert
Twedit. and Robert loins:004 They had been at
. . . .

puli!ic house, and four of them had drunk six
quarts of ale, but they were not forward in liquor.
hen hey came out, deceased asked witness to take
a aal k ter Caldew.hridge, which he did. This was not
in ih~ it nay home. Winless and deceased then came
Hp Castle-scree', which Was in their way home ; in
*loch street James Armstrong and Peter Cook
walked up to them, and inquired if they had heard
the report of a guilt WITnetIP replied they had nut.
Cook, or 11111e9 Armstrong, then said, that some per-
ikons had told them the soldiers were tiring on the
people. Never saw the Prisoner at the bar before
John Armstrong was wounded ; nor waa he present
when he receiv.il the wound. As he was going post
the Bush lain, where there was a crowd of people,
Le heard John Armstrong call out, as if he were
iauch frightened, Friend, you are mistaken ; I
t. not the mass you take me for.' He then turn-
•J rowed. sad Ton towards the deceased, who was
Hear the Grey Goat, about a hundred yards from
the Bosh Ina, and the crowd ail followed him.
When he was about half way, lie heard a pistol go
off. When he got to the Pack Horse lane PIM. hr
met Peter Cool coaling out of the lane with a pistol
his hand. Its eonsequeuer of what Cook said, he
went to look foe John Armstrong, and found him
sitting its the lane, holding his thigh, and saying lie
Was shot. Witness and others took deceased into a
house ; the prisoner was then standing close by ;
mud some persons immediately after brought him
into the room where the wounded man was lying.
Could not ray who brought the soldier into the
roam, but a see cant was there. Wanes' then went
to bring Dr. Anderson, and left deceased and the
poisoner iii the room.
Cross-eximiNeil.—Wiiiiing, on the morning of
tie 30111 July last, to get home, lie walked quicker
1;:411 James Armstrong, Conk, and the deceased,
yeti parted with them near the Coffee-house, where
tliere *as no crowd. ll'heis he came out of the
Eruse into *inch Armstrong had been carried to
fetch the doctor, he saw two soldiers in the lane; the
people were atllkillg them ; but lie dill not see the
soldiers strike in room. Ile took until of one of

Cie solibei's hands as he was going into the house,
rod Said, as 'There has been plenty done without tiny
more." Is certain he hail nu struggling with
t zatititteil hi/ the CoVßT.—Whrst he got up to
life deceased. the Prisoner was sianding lor himself,
snot did not try to get away. At that there was II
revel crowd. Cannot say whether Prisoner was in
I quior or not.
James Ainastrong sworn. Is • nailer by trade;
woos not reined to John Armstrong the deceased.
Was with him on the night of th..r ,29 It July
w. Calder/ Brow, and accoimpunied him to Deaf
ti,'t Grey Goat lilll.lllC-114110t, where they met a
mats of the name of Llugh Level, who was drunk,
and with whom they slopped, to persuade him to
ow home. Whilst doing this, a soldier came out
of the Pack Horse ',Noe, with u pistol in his
*t it. sweating he would shoot the first man
1.•• met. It was then shunt two o'clock, and was
br-twreit light and look. The soldier came up
Level, aid s-ked him if be was the person who
i.tit thrown biotic* at him ? Level said " Nor."
:.! soldier next asked Level if he had seen any
p. ['Olt throw, who spin unsweted in the negative.
IV,tr,r., art,l detemortt were about twriav aids
I tom Lev•l at lbw. tiros. The soidirr then eJl:ie
thou, and presented the pis.ol at Julio Aron-
....

1.(1.11,V, lOW Kti.ll lee tta,l nii+talt.eu tot to the moo,
1:•,1 al•otleti iont to any retpect. - Arm-
.irotyg shruhk buck, and the s.,lthrr kept fol.
lqt•ing. Peter Cook come up, got behind the sot-

11:,"!1. And war r Hat:W.4161% 10 get bold et. the lopt-I,
ie4 • heri.il uhout, soul preesited the to•tol
• Cook. The toad er root iu.oed ttersordi Joloti
Artailstroog, atni ph.-vented the Ovoid Et hito as !It 1:0:1(1
Lase. alto retrru .d roodr.ls Ike Pack hilorpe-lane,
• 1., rare to the rol.lter. A bundle there rit—

sled, Cook fuThowili thste after them, but n
del ti4t go Iron' he b...ard • nOlllllll shouting.
whet, he Knt there, be 1.'111.1 the soldier end the
sttcossed both on the gra!ind straiggling—d,Peasid
ritnt upperomit, and tile soldier was totiqtrisig Le
v:vo!ti shoot him. Just as witness took bold of the
trat,el of the pistol to get it from hint it went cit.
Iliirmt.know the soldier, end cannot say whether
Prise ner is the avian or not.

the Louse.—Meter Cook woo at►empting to
ot.r.t the peotol room the ooldier, it the time *it.
uroo laid hold of it; but Vituess is sure lie himself

clia no give the pistol any Motion; did not set
any pereori et the bum 11%4 Cook. d:44•614- and
the soldier ; did not bear Cook or deceased say any
thing to the soldier when he was dawn: is emiaiii
the wordier we• on hie hark, and deceased upon him.
Pete, Conk was next trrneir. Is • weever, and
Erre in Castle-street ; knew John Armstrong, the
defrosted, and was in company with him and Imes
Aonstrong, near the Grey Goat, on the nun gof
the 30th ult.; whilst statialitig there, he saw a soldier
come out of the Pack Horse-lane, with a pistol. who
ran straight to John Armstrong, and presented it at
him. Witness went behind the soldier to try to get
the pistol from him'; but he turned round with the
• 'Otol, and presented it at witness. The soldier and
deceased went to4ether towards the Pack Horse-lane,
bat they did not close nil they got within the hole.
Witness was about *0 yartts from them when they
fell, and did not see them straggle much. Wheo he
went up tothem, he didnot hear them say any thing.
They *ere both lying partly on their sidea, neither
were uppermost from 'first to last. Du witness's tilting
hold of the pistol, the soldier raid he would shoot
she deceased. About half a second, or a second
before the pistol went off, ainiess saw th 4 soldier's
'fisiger within the trigger-guard. %%Titan's hail hold
of the pistol for lour minute. before it was fired,
but did not move it he kept lii* hold until be got
is. Did not know the soldier before that night, but
the Prisoner is the in .11.
By the COURT.—The scuffle lasted about four
minutes; but lie did not hear the deceased any any
thing, nor the witness say any thing ; neither did
they strike the soldier. hasnre John Armstrong was
not lying on the Prisoner's belly. Had been with
the deceased about an hour that night at A private
house in Caldew Brow, but they dill not drink any
thing. Had not heard aught of an affray before
Armstrong was shot, nor had he expected any.
Richard Bailey, a nailer living in English-street,
deposed, that on the morning of the 30th July
last, John Fisher, Richard Palmer, John Mason,
and himself, were coming up English-street, near
the head of which were standing six or WWII soldier.,
and some people. One of the soldiers ran against
Fisher, who took no notice of him ; but Palmer nod
an officer*, servant shortly after got to fighting.
After this they went down Engloh-street, and pass-
ing the Pack Horse-lane, he saw another soldier
st ending, but did out say any thing to him. The
soldier cried after them, " Come back, you are no
men," and witnes. returned anal asked him what he
meant ? The soldier was silein, but put himself in
• fighting posture, and the it ran into a house. Time
Prisoner at the bar is the person. He came out of
the house with a sword, which he waved over his.•
head. 11'ititess threw a *cone at him, which did not
hit him, and then lie and his companions ran down
Scotch-street. The Prisoner pursued theta into
Rickergate and theta returned, Witness al-o re-
turned, keeping 40 or 50 yards behind the Prisoner,
until he gut into the Pack Horse-lane spin.
Saw hint come out of the house a second time
with a pistol, which lie heard him (1113;ge, being
about 10 yards from him. A great number of people
were in the street by this time, when the l'ri-
soner stept out of the lane, and fired the pistol in
a direction towards them. No one was hurt, nor
did witness hear any whizzing in the air. Ptisoner
did the same a second time ; between each, witoess
ill/rte.& stone, and many others were thrown. Did
not see any thrown before lie threw his brat one.
About a quarter of an hour after the pistol was •
fired a second time, and when lie was beside the
Bush, witness 'leend another go off, and he went
towards the Pack florse-lane, fiotn whence he
thought the report proceeded. When he got there,-
the people had taken the deceased into a house,
and witness found him sitting on a chair. The
Primmer was then in the room.

Mr. Joshua Anderson sworn—ls a surgeon in
Carhdr. On the morning of 30 h July laist, he
was called in to John Armstrong, whom he found
wounded in the thigh by a gun-shot. The contents
of a pistol had entered about three iliCliPS above the
kites!, taken an upward direction, and cone out at
the upper and beta part of the thigh. a little above
the hip joint. Since Armstrong's death witness
had examined the around, and found it 20 inches its
length, through nearly solid &sit. Thrie was an
external mark above tln. hip, where some substance
hail passed out, bat witness would not say, from his
own knowledge and observation, that it was caused
by a bullet. But prisoner 1,4,1 hint, thst the third
time lie tired he had loaded with ball. Armstrong
lived smell the eve tt ill g ref the 9th instant, when be
expired. Witness thiiiks that the wound, which
occasioned lock jaw, was the primary Tinny of Its
death.

The. P6-fling., on his bring milted if he hid any
thing In say fur himself, owed, that the first two
rounds he fired blank cartridge—ohere were bath.
sud he hit them off; Lut the thud round the
stones virile shout him so fs►t. that he could not
soy whrtlirr there war hill or but.
Mr. Loplo thrn eaded ril the part of the Pri,otier

Thos. Atkinson, E'q. who, oh being swore., de-
posed that he loves 1101 far torn the Pack 11aore-lade,
and on the morning of the 30di of July, was awoke
by the report of a pistol. lie got up; looked out
of the window, and saw the Prisoner with a pistol,
and a crowd of people running round the guard-
house. These people threw stones at the soldier,
as he supposes, who seemed gnirtg loins lodgings.
Witness spoke to him, and advised him t., go
home, when the soldier said, that " they (awaiting
the people who were throwlng at hint) were a par-
cel of d---41 radicals—he was never in such a
town in his life." The crowd at first tonight not
consiet ol imwe than 10 or 14, but at last lie
counted :16; they told the witness if he did not
shut the shadow, mid go ill, they would du some. .
hull{ (he did not reittriither what) to hint.
Cross examined,—When he shut down the win-
dow, and sent in, Lc was certainly afraid; he heard
the nai.e continue all the tome front the firm:, of
the first t•li tier last, which wits shout hell
nu hour ; elieu witness looked out of the wont •w,
be saw Prieoner tithing, apparetitly in a f.iriAliy
adv, to a hotelier Lamed Samuel Wallace.
Matthew Wilson was next exananitd. He livra
in the Pack Horse-liar. Heard a d:slarbauce ou
the morning in question, and looked out of his win-
dow, whets lie tits twelve Or fourteen lona is 1101 f
he Ptisniirr's dour, who writ, talking eery ist4Wis
imootg themselves, bat he did not liter what thrjrl
iaid. When the Pr.:sopar came um they WI rokto
'way, arid Inc or two dropped pretty beige attissurt
at/tit:Ws wisidew ; vault* not laity what Ogg,

matter had in Iys filindArlie" be eimi Ootr hQ4,
heard a pistul Bred soon fter ; did not me the,
evawd agent. bat Wised matiewsistivalti• up the kite,.
which sounded like pavinwstooral did not est any
hit the antdier bet saw him Ntrowo down, and
two or three get upon hint. fie heard two Riatuls
fired, mid saw the 0144 when two or mom were
Upon Prisoner.
Mary Graham sworn. Lives in the Pack Hone.
lane, and knows the Prisoner. It was hit wife who
first alarmed her. ou the morning of the 90th of
July, by sluielciag and shouting. She wee in the
lime. and witness looked out and saw the Prisoner
going out at the lame end. It was not very light.
Mir heard a pistol sinus -after he bad vim out
and saw him come hack again; no person was
following, but aha Sward stones thrown, which
sounded like large stones. He fired a second
time. and more large {tones were thrown—only two
or three. He again came back, charged the pis-
tol, and went toward* English-street. %%lien he
returned the third time, a (Wart§ or more were fol.
lowing him ; they surriontudeol him, and suffered In
knock him down; but they never got _hieu off his
feet till they came opposite witness's %violin*.
When down, some of them tried to take the pistol
out of his hand. and tone of theist struck him.
She saw them struggle much to get the pisml out
of his hood, when he was lying on his hick, and
the men were standing round him. About half a
dozen had hold of him, and there seemed to be
great violence amongst them.
Cross•erumineel:—The time from their surround-
ing him, and the pistol going off, might be five or
ten minutes. Ile might be its the honor two or three
minutes when charging the pistol the third time.
Mr. Anderson re-examined.—At the time when
he asked the Prisoner what the pistol was loaded
with, he saw a cut *boot half an inch in length on
his temple. which appeared to him to be dime by
a stone. Ile clod not dress it. He also observed
there was blood oil one of his ears; whether this
was from the cut on his brow, or front a distinct
wound, witness could not say.
Joseph Hall, serjeant in the 6,11 dragoons, sworn.
Early on the morning of the 30th of July, he saw
the Poisoner lying sin his back in the Pack Hsu.c.
lane, and three or four men were upon him—the
deceased was sitting on huts ; one was at his breast,
and another was at his head. %%'itness was within
3 or 4 paces of thein, when the. pistol went off, and
there were other persons near. Ile attended there
fur the purpiwe of taking Aslitirst to the guard-
room, when the crowd fell upon hits, and
several struck him—and fionliog himself not able
to take the Prisoner without help, he got the as-
sistance of two of his men. Wes called up in con-
sequence of the Prisoner having fired a pion'. Has
known the Prisoner a long while, and 'lever heard
of a cruel act committed by him. %Vitoria was in
the same troop with him right years.
Mr. Austin, surgeon of the 6th dragoons, had
known the Prisoner for six years, during which time
Ste lisd borne 1111 excellent character for humanity.
His Lordship then summed up the evidence, and
stated the law cud nature of the ease to the Jury,
The charge ag.iiiist the Prisoner, lie observed, in-
cluded the two crimes of manslaughter and mur-
der. It would be for them to consider whether the
Isle of the deceased Lind burn liken limier such
aggravated circumstances es ram-eel at to the higher
crime of murder. if two men fight, and one, after
the commencement, caught up a deadly instru-
ment. and killed the other, itotention.illy, yet, doing
it in the heat of paoision, it wee not murder—only
manslaughter. The law was tender in this respect,
and made this allowance to human infirmity. If a
person be assaulted by a mob, and, being temper-
heated, he should kill one of them, it is only 111a111
oulaughter—to make this murder it must he shewn.
that reason leis had time ru resume her seat,
and the blood time to coil. But if a person
provoked a quarrel, to give death a c olourable •
pretence, it was murder. Even if they tholight that
the deceased came to his death by the Prisoner, they
must be satisfied that lie pulled the trigger in-
tentionally, sod then these were many other
things fur them to co:easter before the crime
was raised to murder. That the Prisoner. even
alter the affusy had comineloced, had not the in-
tention of committing 1111 l riler, there 'sons on the
negative side were very strong : cud his firing
the two first pistols with I.laok cartridge, way an-
other strong proof that he had no such intetrictio.
The throwing of stouts was a great provocation;
and the Jury would have to consider, whether they
thought lie sallied out with the design of Kenn%
into a scuffle to take life. s

The Jury consulted for a few iii i i Intel in the box,
■nd returned a verdict of Guilty of Manslaughter.
Lordship, alter a solemn admoontuns, sen-
tenced the Prisoner to lone yeir'a imprint 1111 l east in
Carlisle gaol.

OILS, per Tun. of 252 Gallons.
New Greenl.Whale.. 311 321 Spermaceti
01.1
Pale Seal

BIRTHS.

.
Vesterilay, the wife of Me. Hillis. Tilley, of Chelsea, of a
datighter.
At Ilse Drewry House, Dublin, on Sunday last, the Hon.
Mrs. Ponsouby, of a daughter.

DEATHS.

On Saturday evening lasi, after a abort Mama, Mr. John
Addison Newman, late Keeper of his Majesty's Gaul of
News'''.
On Tuesday last, at Wandsworth Common, Horatio Goes'.
behave, Esq. aged 24, run and heir of the late Sam. Good-
beltere, Esq. Alderman of London.
On Monday, she flat inst. at his fissure in Queen Anne.
street, Sir Hush Inglis, of Milton Bryan, in the county of
Bedford, Bart.