The National Register.
London, England, 1820-09-18 00:00:00

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OLD BAILEY SES'SIONS.

IF CON CADA V, SVPT. 13.
This morninz the Sessions cm iiiii cd Ore the Hon Mr.
Bai 011 r. .111,tice Iles', Dl r. Justi. e hardson,
thel.oid Masco., I:. colder,
George Orford and ter lei, nu being arraigned at the
bar for a burglary, in the dwelling-house of Philip Hard-
wieke, pleaded (iwls).
Cll A Ill; e OF' A RSON.—John Bates, aged :s;, wits indicted
for folonionsly se; 0114 tire to lis; dwelling house, with intent
to defraud !he 'ft casurtc of the sun Fire Office, and in other
intent 111 defraud other persons.
Alt. Walfoi d opened the charges in 1 ht. hal dissent, and
Mr. Holland stated the circumstances to the Jury, and called
the following w ittseases:—
Richard Liss ley knew the prisoner in June last. Ile was
thou °a tier Of the King's Ar, ; a, in HiF,ll-street, Shads% ell,
which had been shut up shire September. On the hth of
June lust lie was passing the Ituase, when he saw lire issuing
from It lie and Other,: gut psi-Luxes ;aid brake open the
door, and found a lire burning thriously in the War. This was
extinguished, and lie then pet cetved that there was also a
fire in the cellar, and there was found a lump of something
burning, a hich ass also extinguished, and on further
s xamination of the premises, it appeared that the kitchen
sins on fire.
Mr. T. Jam; son saw the Fre on the night. and near the
partiti iiii , and saw some staves of wood, %%Inch appeased to
have belonged to casks. In a cupboard in 11w bark parlour
he found smile pieces of paper which appeared to have been
set un fire, and some sparks were still remaining.
Gross examiaed by Mr. Adolphus.-The pretinet's lines:. •
was shut up from September last, and there had been a peti-
tion, signed by the churchwardens and others, to the Ma-
gistrates, for the licence to be renewed at the next license
day.
Mr. Toplis, Eurveyor to the Sun rire Office, Pposeil,
that on the morning after the tire he examined premises
in question. The fire in the cupboard of the parlour could
not possibly have been caused by that in the cellar ; nor if
these had been a fire in the stove of the parlour that night,
could it have caused the fire in the cupboard. All the pi u-
perty in the house that cone under the denomination of
wrath's apparel and plate. &c. amounted in suite• to no more
than 1151. It bad been insured fur leool. The stock in
trade und utensils, a bleb had been insured for .1001. acre
worth no more than 961.8s.—Bates said he had 10-t a port-
manteau cola:tilling a quantity of plate, which had hem
placed underneath his bed, and he enumerated the articles
it contained. Witness told Bates, the circumstances of the
sire was so suspicions that he conceived he would rot be paid
one farthing, and lie replied that it was a hard ease.
The prisoner addressed the Jury in his defence at a
considerable length, and stated a variety of circumstances
bearing in his favour, and solemnly protested his innocence.
lu support of his assertions, Mr. Alley called the following
witnesses in his behalf.
Eliza Ryder lived servant at the house, and was in the
babit uf keeping the woad for lighting Ili• tires in the cellar,
and candles in the closet of the parlour. A cat behingins. to
the house, had a severe burn nu her back the morning after
the fire. The primmer and his family slept in sheets.
Mr. B. Jones, (now landlord of the Sampson and Lion, in i
Lower East Smithfield), the person at whose house Bates
was found by the lirrmen, stated. that he had known the pri-
toner fifteen years. On the night of the lire he was at the
prisoner's house with him,and they lift it about eight o'clock.
Bates barred and chained the front door inside, and they
left the house by the back door, lid was wilt; the prisoner
till past eleven o'clock. lie had had dealings to the amount
of some thousands, and he knew him to he a man of excel-
leut character and strict iniei;rity. The occasion of their
being together on the r.i;nt in question, was to have ail in-
terview with same person- L...pecting a public-house which
witness WWI about to take.
Mrs. Manlier, mother to the last witness, said she was in
treaty in J nue last with Mr. Jones for her house. and un the
evening of the Sth the latter and his wife, 5114 Mr. and Mrs.
Bates came there. They were to have met some brokers,
but the latter did not come.
James Dodd proved that the same parties were at the Ship
public-house soon atter eleven o'clock.
Mr. Justice Best summed op the evidence at considerable
ngtb.
The Jury retired for a quarter of an hour, and 011 their
return prunuuuced the prisoner Nut Guilty.
MURDER.
011 Friday Edward Callaghan, Mary Donovan, \Vin,
Donovan, and Daniel Donovan, were indicted for the
wilful murder of Jeremiah Carthy on the `loth of July
last. _ _

Mr. Jessop addressed the Jury on behalf of the pro-
secution.
Sarah Williams was the. first witness called. From
her evidence it appeared, that on the night when the
murder was alleged to have been cot 1111 l itted, the de-
ceased was sitting in the George Public house, White-
chapel, with two EnAlishmen, smoking a pipe. The
prisoners, who are natives of Ireland, were also present.
Ike whole were engaged in dancing. home of them
asked the deceased it' he would get up and dance. The
deceased r. se for that purpose, when he was immedi-
ately struck by the prisoner Callaghan. Sonic persons
present persuaded him to sit down again, and he held
out his hand to Callaghan. Whist daring this he re
ceived another blow nom a man named Garvey, who is
not yet la custody. 'lnc prisoner' Mary lataiovan,
then came up and made some reinark to the deceased,
intimating that she considered him as the bully of the
Englishmen. The whole of the prisoners then, assisted
by Garvey, laid hold of the deceased and drageed him
into the yard in Gerge-court. Witness saw William
Garvey attempt to jump oar the bead of the deceased,
all the prisoners standing by at the time. Witness then
went into her own house, and whilst sitting by the tire
side her door was broke open by Garvey.—Garvey seized
the poker. W IllleSS then observed another person, of
the name of Silvester Mardvn, {tisk the deceased vio
lently. At the same time Garvey struck hint with the
poker three times. When the deceased got up, Mary
Donovan threw a brick at him. Witness did not oh-

serve ‘vhether the brick %truck the deceased, but the last

words which he uttered mete, " You have cut ou• with
a brick-bit." During the struggle Mary Donovan pro-
cure(' •ttroo; sticks, which she distributed among the
men, tome of whom bent the deceased with thcm.—
Tile tlece.L.Lit tsar at lentil ir,r tied from his dreadful

THE NATIONAL REGISTER.

situation by smite Englishmen whom his cries called to
the spot. the prisoners and the rest of their companions
then went away. Witness swore positively, that when
Garvey snuck die deceased with the poker, Edward
C illaghan, Daniel Donovati, and Mary Donovan were
present. Site was lint certain whether Wm. Donovan
was present. The deceased then went to a surgeon's
Slime in the neighlxmrhood.
Sarah Williams was cross-examined by Mr. Barry.—
Her husband is at sea; she was never prosecuted; had
never been in a Court before; was once imprisoned,
about five years ago; she was two days there , with this
single exception, she had nes.2r before been in any trou-
ble of the kind. There might be tow or two more men
in the public-house besides those she had mentioned.—
She knew the prisoners belOre the affray. The door of
her house was thirty yards front the George. She saw
the deceased at work a short time after the accident had
happened; he had then a handkerchief tied round his
head. Saw the deceased three or four times before the
prisoners were apprehended.
John Fortesepie, a butcher, residing in George-yard,
and one of the Englishmen with whom the deceased
was sitting when the outrage commenced, was exa-
mated, touching the rarticullis. His account differed
in some respects front that given by Williams. Ile
described the deceased as following him quietly into the
yard, instead of being dragged out in the manner de-
scribed by the forger witness. He accompanied the
deceased to the doctor's the following morning, and saw
hit ietninds dressed. There was a large fracture on the
besides stone smaller Moises. He was only pre-
sent at one dressing. The large wound had the appear-
ance of having been jammed in with a poker. The
doctor who first dressed the wound has now removed to
Prinee's.street,
in cross-exammation, the witness said, that the pri-
smite went out of the public-house before him, and that
lie was followed by Carthy. He believed no one drag-
ged Carthy, but he could not see behind him. He could
not tell whether sticks or the poker were first used, but
thought that the poker was. Did not recollect seeing
Mrs. Williams there. \Vitness was desired to look at
Mrs. Williams, and he then immediately recognized her
as having been in the tavern. The first assault was
committed in consequence of the deceased speaking to
the servant girl, when he was immediately " pitched
into" by two of the prisoners. ‘fitness and deceased
drank a pot of beer together the next day, and the day
following that they drank a quantity of gin mid beer.
On the Sunday morning deceased was quite deranged.
Did not recollect whether they then drank together.
Witness persuaded hint to go to the Hospital. Witness
formerly was a butcher, but has now retired upon a
suffice...icy of 325. a week. Had been before magistrates
for petty assaults, but always honourably acquitted.
Re-exammed by Mr. Jessop.—it was in consequence
of the intimation that they would be murdered twat be
and Carthy left the public-house.
Julius Nuttorff, the apothecary, was examined. Ile
said lie ordered a hair-dresser to shave the head of the
deceased, but he could not, and witness did it himself.
The wound on the right side of the skull was a very
dangerous one it appeared to have been inflicted with
a blunt piece of iron, t-nd great force had been used. He
saw the deceased after his death, and then saw that the
skull was fractured. The man was not able to work.
Cross examined.—Deceased was intoxicated when
brought in. A slight wound might have been danger-
ous in such a state. He saw the deceased twice tidier-
wards much intoxicated, and he came to hint once
without plaisters, or any dressing on his head. This
witness's assistant spoke to the same facts.
Mr. W. Self, a pupil at the London Hospital, de-
posed, that on the QOM of July the deceased was brought
to the Hospital. Ile examined him, and found several
wounds on his head, which appeared to have been in-
flicted by sonic obtuse weapon. The wounds appeared to
have been given several days prior to that time, and the
inflammation of the scalp had considerably subsided.
There was a slight fracture of the skull, but no depres-
sion. Ile could not ascribe tlie death of the man to any
other C3ll c than that of the blow : that, in fact, was the
primary and original cause of the patient's death, but he
might Wive recovered by temperance mid proper medical
assistance. Will lilt unethical aid lie would have died,
had he been ever so temperate.
This closed the case for the prosecution, and the pri-
soners in their defence merely said they were innocent.
Dennis Sullivan was the first winless called for the
defence. He was at time door of the George public-house
on the night in qiiestion, and saw the prisoners and
others come out or the house followed by Jeremiah
Canby, the deceased, and tight or nine ()tilers of " his
party." Canby calico alter the prisoners, bin they took
no notice of him. One of Carthy's companions then
threw a brick at the prisoners, anti a commenced.
After the fight was user one o. Carthy's party called the pri-
.)uner, M. Doom an, very gross names. Tie light was a
general one between the two parties,and was carried with
bricks and sticks. Canby was encouraging his party, by
saying'' go it my buys," alid other similar expressions. lu
witness's opinion tile prisoners and their I stands would
have gone home quietly, had they not been called alter
by Carthy. He saw earthy the next day at the George
public-house, and two or three mornings after he met
him in the Commercial-road, at hall-pasi six in the morn-
ing, with a bundle under his arm.
Cross-examined.—The hard names were called by
Carthy, after the battle was over.
Several witnesses gave the prisoners a good character
for humanity.
Mr. ldifoil Graham summed up the evidence at great
kngth, which occupied his Lordsf tip two limas.
'lnc Jury then retired for bo minutes, and upon their
mom linllloUliCed :ill tile IniMilltlS Guilty of Man-
slaughter.
'Tie prisoner Mary Donovan fainted twice pending
the proceedings, which occupied the Court from ten ill
the morning till eight at night.