The Sun.
London, England, 1855-01-05 00:00:00

The Lord Chief Justice then summed up. He said it was
his duty to inform them that whether or not the act com-
mitted by the prisoner against Mr. Moore amounted to
the crime of wilful murder or manslaughter, in either
case a felony had undoubtedly been committed by the
prisoner, and the law of England in such a case was
that every one of the Queen's subjects was not only
empowered but required to assist in the apprehension
of the felon, and if he resisted and killed any one who
endeavoured to arrest him that act amounted to the
crime of wilful murder, and there could be no doubt
' whatever upon the point. They were not at that mo-
ment considering this charge, but it was his duty to
tell them that the prisoner had undoubtedly upon the
evidence been guilty of felony ; and Collard, the unfor-
tunate deceased, was most certainly only performing
his duty in a most praiseworthy and proper manner in
endeavouring to arrest him, and if they should think
that the prisoner wilfully discharged the pistol at him
while so engaged, they would have no alternative but
to find him guilty of wilful murder. The learned
judge then went through the whole of the evidence most
minutely, and concluded by leaving the case in the hands
of the jury.
The jury retired at five o'clock, and in about three-
quarters of an hour they returned and gave a verdict of
Guilty, coupled with a strong recommendation to mercy.
The usual proclamation for silence was then made by
Mr. Harker, and the prisoner was at once called up for
judgment.
Both the learned judges having put on the black cap,
The Lord Chief Justice addressed the prisoner as fol-
lows :—Emmanuel Barthelemy, the jury, after careful
deliberation, have returned a verdict in your case in
writing, which now lies before me, in these words :
" We find the prisoner guilty, but strongly recommend
him to the merciful consideration of the court and her
most gracious Majesty the Queen." That is a verdict
of guilty, and in that verdict I entirely concur, and I
think that no twelve honest men of any country in the
world could have given any ether. The evidence was
most clear. Knowing that you had committed a felo-
nious act, you were trying to escape from justice, and
when Collard, the unfortunate deceased man, attempted
to apprehend you, you deliberately and designedly put
him to death. That, by the law of this country, is mur-
der ; and by the law of every civilised country such an
act should be punished with death, for it would be im-
possible for society to exist if the life of a person who
endeavoured to apprehend a person guilty of crime of
this character were allowed to be sacrificed with im-
punity by the guilty party. The deceased was only do-
ing his duty as a subject of the Queen and a good citi-
zen, but when hesattempted to secure you, you delibe-
rately fired a pistol at him and destroyed his life. I will
lay before her Majesty and her advisers the recom-
mendation of the jury, but at present I can do no more
than pass the sentence of the law ; and I at the same
time most earnestly entreat you to prepare to leave this
world. I don't know upon what ground the recom-
mendation is given. I look upon your crime as one of
great atrocity and without any mitigation. I will, how-
ever, lay that recommendation before the advisers of the
Crown, but I exhOrt you to prepare to undergo the
dreadful sentence which lam about to pass. It is quite
clear that on this evening you committed two crimes of
great magnitude, and I must say that upon the evidence
relating to your attack upon Mr. Moore I cannot see
any circumstances that would reduce that crime below
wilful murder. Having committed it, and knowing that
you were justly pursued, you deliberately destroyed
the life of the poor man Collard, totally regardless of
the consequence to him or those depending upon him.
I implore you therefore to repent—you will have the
assistance of a clergyman of your own religious persua-
sion, whatever that may be, in so doing, and I entreat
you to take advantage of it. The learned judge con-
cluded by passing sentence of death in the usual form.
The trial lasted nearly eight hours, and during the
whole of that long period the prisoner, who is a most
ferocious, repulsive-looking man, stood firm and erect
in front of the bar, and did not betray the slightest
emotion. He exhibited the most callous indifference
ei.:6;ettnsetence was being passed, and when the learned
jounde. 1 hadthe
turnkeys, and
ahned‘tvhaesnhweaarlkde
dtodsealyihseoramteetlyhidnegwtno
while
leading from the dock.
etootnsion of the case Mr. Bodkin applied to
tsnhuaentleol'iraltr
cuosilazr:ibs: the power vested in it to order a
case where a person
unfortu-
The Lord ,Chiee Jeete„
be known that the e-O---e
ra Possessed
apprehend a felon to ordert.'
to the wife, mother, child,
paid to the widow of the I
a 1i f e inen ilaoeptilewnnedroe
stedwathseas well it should
unfortunate deceased.
or ura of money to be paid
be entitled to it. Re BhoulOcither relative who might
power in the present case ; but 7,"ti,413, exercise the
amount until he had further informationtai ilvfiexuvre thertYo
the condition of the family of the unf with regard to
This trial concluded the business
1 the court adjourned to Monday, Jan. 22.0 session, and

SURREY QUARTER SESSIONS.—Jan. 4,

OSECUTION OF A POLICE CONSTABLE FOE STEALING A.

GOOSE.

William Henry Wiggins Wilson, a constable of the P
division of the metropolitan police, was indicted for
stealing at Camberwell a live tame goose, the property
of Elizabeth Bates.

Mr. Thomson prosecuted and Mr. Mack defended
the prisoner.
Prosecutrix, a single lady, said she resided in Cam-
berwell-grove, and on the night of the 13th ult. she
bad securely fastened two grey geese and a grey and
white one in her fowl-house for fattening. At seven
o'clock the following morning she missed the dark grey
goose,
which had a peculiar mark on its beak. (Ser-
geant Quinnear hero produced the head of a goose.)
Witness said that was the bead of the one she missed,
and she identified it on Thursday morning, the 14th of
December, when brought to her. A pair of black
worsted gloves were found near the fowl-house, covered
with down and small feathers.
Willizm Arnold, labourer in the employ of the prose-
' eutrix, said that at twenty minutes past 4 on the morn-
` mg of the 14th ultimo he went to his work, and when