The British Press; or, Morning Literary Advertiser.
London, England, 1818-10-31 00:00:00

kW.

with an appearance of fill:oDM bordering on un-
concern.
Jake Plata, a nary agent: m.(l a debtor, removed
I,v writ of 'imbrue Corpms tenni the Fleet Piano,
• wan then indiet-il for the wilful murder of James
1.-ariseeil. lie iiiflociing on hint ogle tat wound
Oh is tailor's sustreinent, called a sleere-hoard, on
S stoniest the 10th day of October, whereof be lin-
gered till the fulloariug Meadow, mid Own died.
After the Jury hail beets relied over isionoworn,
tl.- Primmer, who in a eteady respectable-2.ooking
Wilt. a-quested of the Court that hie trial might
-1410 over Fur a little, till hi* Coesowl. Mr. Alley,
*tmid *limn. in Court. The Court replied he
eluisild not he refused so ressintable au indalgence;
but Mir. Ailey sit that moment came into Cowl,
and the trial proceeded. At the desire of the latter
limitleeriest, all the wittweses were median() a roost
iletarbeil from Ilse Court, till they should be celled
• Ill"'.
Mr. Annuls addressed the Jury, sad WO. that
*ln stating a case of such serious itePorteirce, he felt
it to he wisiecesisary to request their imist earliest
otterition. Fir should lardy state to them the oil t-
line of the Iktes,ieeving it to them to elute to the
conclusion that tliose recto should werrant. Ile
should ahstein from entering mto the law of the
case. herense when the Nets of it should have been
Kane into. his Lnrdibip Ivnuld apply the kw to
them much snore Oily than !•.e could. So much,
however, he thought he might seTely declare to
to them, that *.•t titan knoseingly, and
unlawfully, dues any act trotting to the injury of
another, though nut intesidieg an violesit a one es
*deed'. yet if is the execuiloa of his act death en-
sure, hr ie undoubtedly iinewerable for the ceetiee-
titmice+. Mr. Arahist then Made a brief statement
of the facts, and in contluSion remarked on she
witisesetei having been sent tint tit Court by the
optimise Counsel.
Mr. 13isrori Gautow said, that that ought not to
be made the sill jest of any indevourable ronimeies,
*es it wag 8 eitie and necessary preened in all
• t!ft.•:elt efronseqeence, cud on alioccaoiune practiad
in the Court *here be sat.
'Charles Johnson was then called, and examined by
Aeasta.
lie ie a Prisoner in the Fleet Prison ; our there
on the toils October ; the Prisoner tit the bet was
also there, and the deceased. The deceased was a
tailor, and looked to he about tilty years of age.
A tilde before tire o'clock on the evening of the
,shove day his uotite was drawn to Learwood's shop
by cries issuing from thence; went to the window,
and saw the deceased felling frown his Atop-hoard ;
:t lie deceased called out " Murder !" saw Daley
be, • g him with his sleeve-board; he was lying on
the flour uu In* side; pulled the earh aside, end and,
'"
Ito the none of God duu't kill the luau ;"
thouted to the people playing rackets in the yard to
came Op. which they did ; hr saw blood on the
deceased.* temple. The Prisoner took haul by the
elinuider, awl said, " D---n your r) es, you old
t 814.111, Pll pound your a—e;" he gave him three or
four slain go that !Alt ; the *Lips were gait very
hard ; lie then put the sleeve-hoard dowel, and
Wrist out at the window, crying " IJ --u Isis old
eye., Pm nut hair done with him yet" (she
tedium of the Window is level with the yard), ;
aelketl as little, and flew in spin at the open wits-
duo ; he told W. Graves to go its.
Craar4raatireed 6y ar. ALT.FY.
He did not say before the Coroner that the first
thing Daley did was to put the deceased on hits
knee end pound him ; lie saw nu tut on the &-
crowd.
William Graves, wanined.
Was also a Prisoner iu the Fleet. On the even.
isig in quiretion. was led to Learwood's window by
tereug other. Prisoners collected rimed it. Dely
was saying Leawood bad used him very ill, and
test lie had brat him with a sleeve-baud, and that
lie would not forget that in a hurry. Ile eermed
to he Su a passion; he said to Learwood, " You
know you gave bins the letter," at:d dais jumped
into his own room. He spoke frequently of Lear-
wood having treated him ill, by hodui4 a letter of
Ills, und skewing it to Lewis. Ile cerlasuitil that
lie had lint done with him yet, end that " he
would serve him out again, when lie had provrii his
'hewing the letter." Leaving Learoutul's room,
he cried. " Put not done with him pct." Lear-
wood raid the Prisoner had almost broke his
Thomas Hunt, also a Prisoner, !need a noise in
hiss roosti—a mass was crying nut as it in pain—lse
✓ah du*si and picked him op. lie bail been lying
on his side; uo our was iss the room at the time ;
te sat lion usi a chair, and asked him what brought
him into that situation. Daley was etatolisig out-
side in such a situation that lie could tear whet
passel in the room. He remerked that there was
n blackness curniog all round the deceased's left
*ye. Tlie deceased answered, e• Daley has been
beating site." Witness inked, for alit! Daley
merle isi.swer and laid, '4' for picking up a letter of
muse. and giving it to a fellow Pi ' Witness
osked Leirwood was that true lie replied, '• N., I
know nothing about uric Irtter;" stud repeated that
+several nines. Daley then aline into the 'rouse,

,

"chair. aids his hand to his head, cr3ing a Oh,
deur P'
By the Coviter.—The whose noise seemed
to be that of load language; the wiudow looked
into the skittle-yard, and any out pissing might.sse
idiot was going on.
lames nere+l4l, husband of last, witneni, heard
rry of I, Don't kill the than, for God's sake"!"—
Went to tine Prisoner'. *jock*, saw the Prisoner
lying on the ground, and Daley, who had a hold of
the deceased by one hand, and the sleeve-board in
the oilier—he seemed to be in the act of pulling up
the Pine:suer ; he saw.him give only one blow, with
the' flail)! the board. on the breech. Daley came
through the window into the racket.gronnd, and
explaine to the promos collected the reason of
what lie bed been doing—" I hove given the old
scoundrel a good* eobhieg as the e—e ; I think he
richly deserved it,"—Witness thinks -he said he
pulled him off the vliop-hoard, and that in doing so
lie hill scratched his eye a little. In his orouosexami-
nation he admitted that the Primmer had treated
the &ceased with great housauity and attention
after the aeoident. slid sent fur gorse medical per-
' bow. to tumid him.
William Patty saw the deceased on the ground
in his shop, with his face down—Daley was striking
11it on his back ; the letter then came out, and
pistil he had smacked his ad--r three times, and
that be would not forget it for a lung time—he
swore a great oath, and wished he had killed hint
'outright. •
Crott.exantined—There were a good many per-
sons by whet, this happened ; supposes some of them
Were examined to-they.—(ln answer to the Costae)
...At the inquest every one was examined that could
bare knows' any thing of the transaction.
Voris Williams eat. walking close to where Lear.
wood was at work ; at first did not know whether
Daley was larkinw (a term denoting rough play)
or in anger; when he carne out he said he was eoh-
Ging Leerwood, which made witness ask hitn, if he
I had been at sea—tabbing means a punishment in-
flicted on one of the crew for a misdemeanor not
serious enough to be reported to the Captain.
John Lee saw the l'rivoner about half.past nine
o'clock on di. Saturday night—addressed him, and
said the 1/04Ir RIMS (Learivood) was dying ; he re-
plied, it was tune the old rascal or scoundrel was
dean nothing more occurred.
By the COURT.—Was not examined by the
Carouer ; his name was tint in the list of witnesses
elven to him ; lie forced his way into the room
where the inquest was held, and was present at a
great part of it. The Coroner said it was unne-
cessary to call more witnesses in that stage of the
business; did not offer himself to he examined;
did not couceive it was his part to advance what he
loiew unsolicited; was not examined before the
Guard Jury. •
John Marvin-es is a surgeon—was called in to
seethe deceased a few minutes past nine on Satur-
day night; the deceased was lying on a bed, in •
strung paralysis, totally insensible—the left side of
his temple was quite distorted, and his tongue hang-
big out he got him taken oat of bed and placed
oil a chair ; he perceived no depression in his head,
but the pulse of his left side was much lower than
that of his right ; bled him copiously, by which he
*settled much relieved ; ordered a warm bath fur his
fret, amid remained with hien ill ten ; at eleven vi-
sited him again, and found his pulse at 76; at
twelve it was at 96 ; was ranch alarmed for him;
was called at five, and went down; his pulse was at
1.50; opened the temporal artery on the side oppo-
site to the injury, suit bled him profusely. Other
medical assistance was brought it, between eleven
wild twelve on Solidity ; in a visit to the deceased
iii the course of the morning, the Prisoner at the
bar (whom lie did not then know) came in and ask-
ed how the deeeased was ? witness answered, he
could not live more than 48 hours front the inflict.
tint, of the injury, and observed, he should be sorry
to he the person that did it. The Prisoner replied,
" So am I; I did it, but what is now to he done ?"
IVitnese advised him to have the most respectable
iirofessiuurd advice in Louden), mid mentioned Mr.
A. Cooper or Mr. Abernethy. The friends of the
Prisoner reqnested he would tell him not to gu into
the deceased's room any more, as it could do no
good ; be did so. The Prisoner again desired Ilia
opinion on the proper course of conduct for him.
and he repeated the reCommendation about pro.
fessional assistance. Prisoner sat dawn to write, but
observed to limi, " What shall I do, what shall I
say 1" Learwood died about seven or tight o'clock
3looday morning. In witness's opinion his
death was caused by some internal injury of the
brain, tweestoned by some external violence. In
row cotiverestion with the Prisoner, having stated
gnat has illness proceeded front the injury in the
head. Prisoner said he had not struck deceased on
the head, but only on the left side of the breech,
and that it flutist !save proceederl from his head
knocking, in the agaitnit the floor or the bed.
(."roe!-examinert.—Tlie floor was carpeted, and
hid a bag spread under the carpet, but it was of
I stone.
By the CoURT.•••••ii. stilted that part of his evi-
der. he tic - and the bed,- and the

4. •
on the middle for t keit lhe'
place under the deceased being quite bare. He
then explained the transaction 'Si the following
manner; —He lied been standing out in the yard,
when a fellow-prisoner came mud asked him hod lie
lost a letter ? he replied he had. He told him lie
had seen Learwood with the letter, reading it, and
asked it from him. to give to himself; hut Lem-
wood replied. No, he would give it to Lewin. Ile
observed he did not think Learwood could hove
been so base after his kind conduct Unwinds him ;
went in and asked him, " Flow could von act so
badly as to give 'my letter to a stranger ?" lie said
he thought it was no harm ; he called him au old ,
rascal. and he believes, an old scoundrel ; hr then
left the "shop, and as he win leaving it, Learwond
was gitting off his shop-board, and fell, his laud
corning against a chair which stood near it, and
against the floor. A quarter of an hour passed in
going backwards and forwards about the letter. and
when lie came last, lie called him a rascal, turned
him, and gave Inns three blows on the breeds, and
no more.

The evidence for the Prisoner was then gone into.
James Harman, Solicitor for the Prisoner, was iii
the room during the holding of the Coroner's In-
quest. Lee was there ; the Coroner asked fondly
acid repeatedly was there any other person who had
itiforimilion to give, and no answer was given. He
heard Mr. Hargraves give his evidence—there was
not a word in it of the conversation with the Prisoner
resi.ecting the cause of Learwood's death, nor the
floor, nor carpet.
Daniel Neale is a master carpenter and ship-
owner ; had known the Prisoner four years; has
been ou board the same vessel with him, where he
acted as chief mate : he always experienced him as
a kind, considerate, humane person.
Several other witnesses appeared. for the Prisoner,
and gave him 1111 excellent character, generally, as
well as (fir benignity and haturnity of disposition.
Mr. Baron GAxeow, 10 his charge to the Jury,
detailed the evidence with great accuracy and mi-
nuteness, commented on the conduct of Mr. Lee in
withholding what he had stated to-day from the
Coroner, and on the variance between the testimony
of Mr. Hargraves to the latter, and in Court; a
great part of it was now given for the first time.
The Learned Judge then adverted to the law of the
case put by the opening Counsel—in such a case,
the offence would be murder or manslaughter, as
the case might be: if the act was performed with e
weapon different from what is usually employed
for purposes of extreme violence, and in a man-
ner net betraying malice-aforethought, and death
accidentally ensued, the crime would constitute
manslaughter, and not murder; and if it was
the opinion of the Jury, that the Prisoner meant
merely to give the deceased a beating, on a part
least liable to injury, and with an instrument
that accidentally presented itself. it was their duty
to find him guilty of manslaughter only.
The Jury, after considering about twelve tni-
motes, fecund the Prisoner Guilty of Manslaughter
oily, and not Murder.
Eleanor Bryan was then indicted for manslaugh-
ter, in ad eee ill istering half a pint of spirituous li-
quors to Susannah Duggan, a child of five years
of age, 011 the 413th September, whereof she died.

John Duggan. examined.
Lives at Nu. 1, Lowelles-court, Broad-street,
St. Giles's. Susannah Duggan was his sister; till
the 28th September she had been in a perfect slats
of health ; the Prisoner is a widow ; witness's mother
is living. On the Sunday night previous to Monday
the 28th, the Prisoner at the bar, who was a
basket-woman, came to his mother's house with
three baskets on her head, between 12 and 1 o'clock ;
the Raid she had been locked out of her lodgings,
and had no place to go to, and asked to sleep there;
his father said she might sleep with the children;
she said she did not wish to disturb them, and lay
on the Boor till morning—deceased rose at six,
In the morning the woman sent out for a quertero
of gill, and gave his father and mother a glass;
they then went to Covent-garden market. The
woman sent out fur more gin, and wanted him and
his wife to drink, which they declined. The de•
ceased said she was going to Covent-garden, and
asked the woman if she was not ; she replied " Yes,
dear, and take you to your father and mother."
They went out together—saw no more of them till
eight, at which time the Prisoner brought home the
child intoxicated. After some time the child be-
came sick, and was seized with • vomiting and
purging—went to bed and slept a few hours—got
up, was taken with vomiting and purging again—
went to bed slid slept an hour—took a drink of
water, in s few minutes after became very ill ; a
doctor was sent for Med came, but the child died at
ten minutes past eight In the evening The Pri-
soner told him that the child had drank one glass of
rum, two of gin, twopence-worth of peppermint,
part of two pots of beer, and some wine. and that
►he had been in but one public house, the Rose
and Crown. She had always before been very kind
in the child. She did not say by whom the liquor
was given.
Eleanor Duggan. wife to last witness, corrobo-
rated his trillium,: