The National Register.
London, England, 1816-06-02 00:00:00

NA.TIONAL REGISTER.

house of the Earl of Darlington, (tlic stable connected pith the
d wellinc.house) in St. Jamcs's.sqoare, on tho 17th instant, and
stealing a table cloth and some wearing apparel, his ',rope rtt ,
Welber with several other article% the property of his servants.
—Guilty, Death.
. . . _ _

John limey, aged 19, anf Peter Herbert, aged 20, were
capitally convicted of a burglary in the dwelling-house of
Mary Davis, of Sun-yard, St. (lenient's, on the Ili of April
and stealing a 9.inuitity of wearing apparel her property.
Deatli.-1 hey were recommended to mercy on ac-
count of their youth and former good characters.
Surat Giber( was capitally convicted of stealing on the 11ths
May, in the dwelling house of Sir Geo. T. Smart, of Portland-
'street, Int pieces of plate.
linVienn I,aber, aged 18, was convicted of assaulting John'
Morgan WI the King's( highway, and taking front hie person a
quantity of silver on 7tii April last.
John Dannoise And Williams allow, were capitally convicted
of assaulting John Burton, on the King's highway, and taking
from his person four penny pieces, a pocket-book, 6ic.

Friday, Killian lJela and Sarah Mars ware capitally in-
dicted, charged, by so inquisition taken on the body of John
fewley, with the wilful murder of the said dohs Hewley.
The following witnesses were called to make out the case :
John Slllaii was a pupil at the London Hospital, and had been
so for seven years. He remembered Ote deceased being
brought iu on the 7th April : he examined him, and found con-.
t usions on the body, and a fracture on the leg, which appeared
to the witness to have been produced by violence. The lad
was so young, that it was impossible to say within a day at
what time the fracture wax done, but it could nut hive been
above a day or two: he ascribed the mortification to the frac-
ture : there were al.,u some exeoriatious about the knees of the
lad ; the leg was cut off subsequent to the mortification, but
the deceased did not live more than a quarter of an hour. Tile
death of the lad could not be ascribed to nothing but the yip- •
lence done to the leg and the mortification. The emulations
on the knees arose, as he believed, from climbing chimneys.
Mr. Richard Clement Headingtuu taus surgeon to the Lon-
don Hospital, and had examined the deceased when he Caine
into the hospital : he then saw that the left kg and thigh were
prodigiously swollen, and hindering upon mortification. In
about three or four days the leg was almost gone ; and ou
Sunday there was a considerable bleeding, and the only thing
to be done was amputation; the comequente was almost in-
' scant death. The child was about five years old, but witness
conceived that the age of the child was in his favour: the in-
jury done to the kg was the cause of his death; there were no
other marks of violence besides those on the leg upon the child,
except npou the forehead. It was possible that the leg might
have been broken edertnieht.
Elisabeth Ware deposed, that her husband was a bricklayer.
Out the Yd April she recollected the male prkonor and the de-
ceased coming to leer Mime in Passion-street, Spitaltields. I hey
went into a room over head, end in a short time she heard the
violent cries of a child : she immediately got out of bed, and
went up intp the room above stairs with Mr. Reeves, and saw
the male prisoner strike the deceased violently with a sweep-
ing brush : he then took the child by the feet, and dashed it
down on a large flagstone ; the prisoner then put the child tip
the chimney, with :mot% er boy after it. Witness then went
down stairs, zs she could hear it no longer.
Mrs. Sarah Reeves recollected the prisoner and his boys
coining to Mr. Jackson's house when she lodged. In (muse-
quence of being called by Mrs. Ware, she went into the room
up stairs; she saw the prisoner, at the time she tittered it, ex.
tending his arms up the chimney: he took the deceased by the
le4s, and dashed him on the hearth. The prisoner then put
the child up the chimney Again. The boy cried, and said his
knees hurt hint : lie then came down and the prisoner again
took the child by the breeches, and dashed him on the ground.:
be them pat the child up the chimney, with another boy after
he child, after having tiuisheil the chimney, came down,
and us he was standing on the hearth shaking the soot from off
his clothes, the prisoner hit him with the brush on his back and
loins. The boy put ou hie shoes, and trembled very much.
The prisoner put a black rag on the boy, take walked down
stairs resting his haul on the wall all the way down; and as
they were going down, the prisoner turned round aud said to
the ehtld, " I will serve you out yet." Witness saw the boy
walk dawn stairs, and the leg was nut broken at that time.
Anu Chandler deposed, that on the 23d or glth of April the
prisoner came to her house with the deceased to sweep the
chimney ; they all walked to her house.
Mr. Justice Bayley asked the learned Counsel, whether there
wins any evidence to prove the fracture on the leg by the pri-
soners; and being answered in the negative, the keened Judge
then addressed the Jury :—He thought it his duty to stop the
proceedings in this case, understanding that no evidence could
be produced to prove that either of the prisoners had bnoken
the child's kg. Most inhuman cruelty had indeed been proved
en the part of the male prisoner towards the boy, but that was
not commit ; it was absolutely necessary to pnitc the fracture
of the leg by one of the prisoners, and it had been positively
sworn by the last witness, that on the 93d or '2lth'ut. April the
deceased walked to her house; at that time, therefore the leg
could nut have been broken. He therefore recommended the.
Jury to acquit the prisoners.
The Jury acquitted both the prisoner's; but Mr..lnstice
Bayley detained V. ni...Thdes for a misdemeanour in beating the