The Sun.
London, England, 1837-11-30 00:00:00

CRIMINAL COURT.-(THIS DAY.)

OLD COURT.
(Before Lord DENMAN and Mr. Justice PARKE.)
STABBING.—Edward Mills was indicted for feloniously and
maliciously stabbing and wounding William Tugman, with
intent to do him some grievous bodily harm.
Tbe facts of the case were shortly these :—About three
years ago the prosecutor had some dealings with Mills, who
is a butcher, but ceased to purchase meat from him on ac-
count of a dispute which took place between them with re-
gard to a balance of twenty-five shillings, which Mills said he
owed him, but which the prosecutor denied. The prisoner
repeatedly called at Tugman's house, in Pancras-road, to de-
mand the money, but the prosecutor conceiving that it was not
due to him, refused to pay it. On the evening of the 31st Oc-
tober last, about a quarter before 7 o'clock, Mills again called,
but Tugman, who was above stairs, refused to see him. The
prisoner upon this said, "he was a cowardly rascal, and that
if he came down he would stick a. knife into his bl—y
heart." The prosecutor then came down, and a violent alter-
cation took place between hires and the prisoner. After some
words, the prosecutor told Mills that if he thought he owed
him the money, he might summon him. On his saying this,
Mills made a stab at his left breast with a butcher's steel,
which, however, only penetrated his clothes. A struggle then
took place, and Tugman succeeded in pushing the prisoner
into the garden, and in the effort fell under him. While on
the grcund the prisoner kicked him on the left temple, and
aimed a blow at him with the steel, which grazed his forehead,
and slightly wounded his cheek. Just as his arm was uplifted
to inflict another blow, a gentleman came up and seized him,
and, with the aid of a policeman, took him into custody.
On Tugman's cross examination by Mr. CLARKSON, he ad-
mitted that when the prisoner asked him for the money, he
told him " to be gone out of that for a vagabond."
Several witnesses, amongst whom was Mr. Raphael, brother
of the late Sheriff, were called as to -character. They all
stated that the prisoner was a quiet, inoffensive person.
The Jury found the prisoner guilty of the assault merely,
wh!ch renders him liable to an imprisonment for three years,
under the new Act.

CUTTING AND WOUNDING.-Leonard Smith was indicted
for feloniously and maliciously cutting and wounding John
114‘Donnell on the left side of his face, with intent to do him
grievous bodily harm.
John M‘lsUnnell, a coal whipper, residing in the parish of St.
Paul, Shadwell, deposed that on the 31st of Oct. he was at tho
coal-wharf with two other men, and was in the act of stepping
Into a vessel at the water's side, and put his foot on a stool
which was placed at the side of the vessel for the convenience
of persons getting into the vessel. The prisoner came
up at the moment, and pulled the stool from under him,
and he was capsized into the water. As soon as he
got up, he was advancing towards the prisoner, to ask
him what he did this far, when he struck him a blow
on the face with a large iron hammer, which felled him to
the ground. When he again rose, he received a blow in
the mouth from the clenched fist of the prisoner. He gave
no provocation for this violence. The injuries he received
were very severe; his jaw was broken in two places; he was
a month in the London ll9Fpital.
Patrick Healey, and William Oats, corroborated the evi•-
..
deuce of the prosecutor.

• Mr. SalmOn, a resdent pupil in the London Hospital, de-
posed to the injuries received by Mr. M'Donnell.
Mr. BODKIN addressed the Jury for the p,isoner. He re-
marked that it was somewhat singular that an assault, such as
had been desc, ibed, should be committed without any motive ;
and said he was instructed that he could prove, that after the
stool was puliel from under the prosecutor, the prisoner was
advancing towards him in a menacing attitude and with the in-
tention of retaliating, and that it was under such circumstances
the blow was inflicted.

Owing to some misunderstanding with regard to the time
at which the trial was to come on, none of the witnesses for
the defence were in attendance, and in charging the Jury,
Mr. Justice PARKE told them to discard the statement of
the counsel for the prisoner from their minds, as he had not
been able to substantiate it by evidence. The Learned Judge
then proceeded at great length to explain his view of the
construction of the new Act, under which this indictment was
laid, and in reference to an objection of Mr. BODKIN, that
this was not a wound within the meaning of the Act,
said that he considered the injury described in this case
to come fully within the meaning of the Act, as the inner
skin was broken and blood flowed from the wound.
With regard to the intent, he was of opinion, from all the cir-
cumstances of the case, that they could come to no other con-
clusion than that it was intended to inflict grievous bodily
harm; that was a matter, however, entirely for the considera-
tion of the Jury.
Just r.s the Learned Judge had concluded his summing up,
Mr. BODKIN stated that some of the witnesses had arrived,
and requested that they might be examined.
Lord DENMAN said, if this were allowed, the sessions would
never end.

Mr. Justice PARKE asked the Jury if they wished to hear
these witnesses ?

One of the Jurors said " Most certainly, -my Lord."
Mr. Soutcr then having been sworn, deposed, that after the
prosecutor had been thrown into the water he saw him get
out of the boat, and saying " I'll knock your 131_1 bead
off" ran ton aids the prisoner, and held up his fist in
a - menacing attitude ; and that it was not till then that
the prisoner struck the prosecutor. The witness said he had
seen the transaction from his window, which overlooked the
prisoner's pr, raises.
Oats and licaley being recalled, denied that after the
prosecutor's fall he had got into the boat,
•
The Jury, after a few minutes' consultation, returned a ver-
dict of Guilty of the Assault.

NEW COURT
The Court was occupied a great tart of this morning with
the trial of offences .against her Majesty's Mint. Several
(6 smashers" were convicted, among, whom were Sarah Horne,
N. Wheatley, James Moore, W. Cooper, W. Hall, and W.
Mortimer.
John Rosdale and Richard Harvey, uho were acquitted
yesterday on the charge of stealing a horse and harness, the
property of 'Thomas Ruddiag, were indicted again this morn-
ing for stealin,g a chaise, the property of the same person.
Thomas Richardson, one of the witnesses, havirg given
evidence contrary to that which ho had sworn to at Union-
hall 00 the committal of the prisoners, the Common- Sergeant

u
lcr't the Court to consult the Lrrd Chief Justice of the Cid -,clit4
Renck, in the 0!d Court. On his return he st'tt: • the
acting on vie advice of Lord Denman, he should commit
witness f nor rt.:pry, and directed the clerk to draw uP a 111.
dictment eg:ti,,st him for that offence.-
evidence was much the min as veday.
The C OLNI
ON SERGEANT intinia er
ing that th e evideed "3
not. sufficient to convict Roinialtt, the Jury buld him Not
Guilty, but found Harvey Guilty. for
Two other prisoners, Stanley and Duckerill,
nppear )oter-
the slaw. offe.nce, but liberated on bail, did not
diy, and the 'r recognizances were declared forfeiied. Duc.
kerili's bail pleaded earnestly this morning for indulgen,e• t
The COMMON SERGEANT was very sorry that ha could 51,
licted
ucierii;
grant it : finding however that both Stanley and D
the
were present, he directed that they should be put upon
trial.
Munnea.—The trial of Wm. Fisher, for the wilful muOldrder
of Thomas Randall, will come on to-morrow in the
Court, before Lord Chief Justice Denman.