The Sun.
London, England, 1830-07-23 00:00:00

DARIW V. HYDE.

This was an action of ejectment, to recover pos-
session of certain premises, consisting of a house
and piece of garden ground. In 1820 the plaintiff
let to the defendant a cottage and two pieces of gar-
den ground; and in 1822, two years afterwards, he
let two more pieces of garden : these latter, with
the cottage, were the premises the possession of
which was sought to be recovered. 'At Michaelmas
last Mr. Darby, who himself held the lands and
house under a Mr. Bagger, wishing to give up the
particular lands in question, gave notice to the de-
fendant to quit, which notice the latter not only
neglected to comply with, but became in arrears of
rent for the term of notice, six months., to Michael-
mas last, as well as for u year previous, The de-
fence set up was, that the different parts of the pre-
mises were under one holding, and consequently a
notice to quit a part, and not the whole, was not
,valid. The Jury found that the premises were held
separately, thus giving a verdict for the plaintiff.

NORFOLK CIRCUIT.-11DCKINGHAM, .lutx 21.
Joseph Turner, aged 21, James Barrett, 20, and
FrederiA Whitfield, 21, were indicted for felt)•
. .

niously administering a quaptity of cantharides, to
one Ellen Turner, in beer, on the I.gth of April last,
and thereby causing her death.
Mary Moulder---J was at Finch's house at ten in
the evening of Easter Monday last, where I saw
Whitfield and Ellen Turner, 'who were sitting by
each other; and a quart pot stood in the window,
which I hung up. In about a quarter of an hour, I
saw her hanging very ill over some railings. Next
day she was very ill in bed. In consequence of what
she said, I went again to Finch's, and saw a quint
pot hanging on the same nail. It had the name of
"John Nelson" on it, and was mightily like the
one I hung up, and I saw no other. I thought it
had a powder round it, and I showed it to Ellen
Turner's mother. Joseph Turner wished me very
much to send it to the doctor. Ellen Turner died,
and I took it to the " Crowner's quest" on the Sa-
turday. I sat up two n;ghts with her, and was with
her when she died. On Friday I saw Turner, and
he said he was going to Uxbridge " to better him-
self, and " Fred" (Whitfield) was by. He is bro-
ther .to Ellen, the deceased, and was in her room on
Easter Wednesday, when he said lie bought two
pen'orth of the " stuff," and gave Barrett some of it.
Pess-examined by Mr. Buon—There was a
merry-umking" at Finch's on Easter Monday,
and about thirty persons present. Tomson keeps
the Falcon, and has a good many quart pots with
his name .on 4- them. There was a good deal of
'dancing, and Toreson supplied the. beer. I won't
swear to the pot.
Mr. Udder. I am a surgeon at Uxbridge. I was
called in to attend Ellen Turner on April the 13th
quart
tter Tuesday),
N. vithuesday), by a little girl, who brought a
the name of Toreson on it. I
examined it, and found that it contained particles of
a dark green powder, which I am of opinion was the
Spanish fly, or centhurides. I went to Ellen about
eleven o'clock, and found her suffering violently from
pains in the stomach and about the lower regions. of
the bladder, and she was retching greatly. She was
in a state of great and imminent danger, which I
told her, but by active treatment the inflammation
was subdued. She thought she should die, RIO snit

Joseph Stubbs--I am apprentice to Mr. Norton,
a surgeon, at Uxbridge. rho prisoner Turner came
to our shop on Easter Monday between twelve and
one. He asked fur three pennyworth of Spanish
flies, and:l told him we never sold them.. He told
me they were not for himself, but where wanted to
blister Mr. Martin's horse. I asked him if he was
sure he was going to play no tricks with ? He
said he was. Mr. Martin at that time went past,
which I noticed, when the prisoner said,. " that was
not be, it was the young Mr. Martin." .I sold him
the flies, and told him that if he gave the smallest
piantity to any oue, it would kill them. He took
it up and Went away.
James Finch—Turner and Whitfield were at
" mine" on Easter Monday. Whitfield and I went
to see the folks at their holiday games about five
o'clock in the afternoon, and he then put his band in
his pocket and pulled out a short pipe, and some-
thing in a bit of Raper, and asked me if I knew what
it was ? I said, " Is it short 'bacco ?" and he said,
" No, it is some rum stuff." It looked like
short 'bacco, and was Week. He stopped at the
games, arid I went to get the house ready for the
dance. Ellen Turner came to the dance, and was
there when 'Whitfield was. The candles were
blown out, but I don't know by' whom, or whether
he or iillen was there then; but after they were re-
lighted, Ellen and he were both sitting in one chair,
and he had a quart pot in his hand. He put it to
his mouth and gave it to her, and asked her to
drink, which she did. She said, " she thought
there was something in the beer that ought not to
be," and returned it to him. He said, "he did not
know anything being in it without it was a little
malt and hops." He gave it to me, and I drank of
it, and he then put it to his own lips, and asked
Ellen to drink again. She said, "It was very
nasty ;" 811(1 he said, " perhaps it was a little ginger
at the bottom, and she had better drink it all up,"
which she did. I found myself very ill soon after I
bad drank of it, and then she was took very ill. I
then persuaded the company, and they all went
away. Ellen and Whitfield went out together. I
got well in a week ; but was very ill.
Mary Worts--About a fortnight before Easter'
Monday I saw Turner and 'Whitfield at work. They
were very intent a-working and a-talking. I asked
them " What they were talking about ?" Whit-
field said, " Mrs. Worts, did you ever hear of folks
giving girl: stuff to make them fond of them ?" I
replied, " Nonsense, stuff, rubbish ! There never
was such a thing done or acted." He said, "If
he knew what stuff it was there was one he would
give some to; if he did not, he'd be —." I ad-
vised him not, and we parted.
Turner's statement before the Coroner was then
read. It confessed huving purchased the two
pennyworth of Spanish flies, and that he gave it
to Barrett, who put it into some beer to give to the
girls at the dunce.
The Jury acquitted Barrett, and found the other
two prisoners guilty of administering, not knowing
cantharides to be deadly poison.—Sentence deferred.
Jurx 22.

TRIAL OF SIMON BYRNE, FOR KILLING ALEXANDER

!WRAY IN A PRIZE FIGHT.

This trial, which has excited an extraordinary in-
terest in the counties of Buckingham and North-
ampton, as well as generally throughout the coun-
try, among the patrons of manly sports, came on at
these Assizes at four o'clock yesterday evening. A
bill of indictment had been preferred against Simon
Byrne, as principal; and against Tom Cribb, George
Cooper, Tom Reynolds, and Reuben Marten, av ac-
cessaries in the death of the Scotch Champion, be-
fore the Grand Jury, on Tuesday ; and, after con-
siderable discussion, we understand, among the
Magistrates assembled, was returned " a true bill."
The Court was crowded throughout the day al-
most to suffocation, and the galleries were filled with
men of the highest respectability in the county.
The case having been called, Byrne was placed
at the bar; he was attired in a suit of black, and
conducted himself with becoming decorum.
The indictment, charging him with killing and
slaying
.Alexander M'Kay, in the parish of Hans-
lope, on the Qd of June, was then read. It com-
prised nine counts, all stating the crime differently.
The prisoner pleaded Not IGuilty.
Mr. ANDREWS and Mr. PAINTER conducted the
prosecution ; and Mr. Serjcant STORKS, Mr. Kemv,
and Mr. S. Tam% appeared for the prisoner.
George Ledbitter, examined by Mr. PAINTER
I am an dicer of Bow•street ; I know Simon
Byrne ; I do not know Alexander M'Kay; I saw
Simon Byrne fighting with a person who was called
Alexander or Sandy M‘Kay, an the 2d of June last,
in the neighbourhood of Hanslope, in this county ;
I was sent down
,by Lord Ruston to mist Mr.
Kent, the Commissioner of Crown Lands, to prevent
a fight taking place on those lands; the fight did
take place elsewhere; I saw part of it—about the
middle; I remained about the ring nearly the whole
time ; I was there when the fight finished; I saw the
prisoner fighting with another man in the ring; that
man I understood to be Alexander M'Kay; I did
not pay particular attention, I was looking after
another object; I saw the men strike each other; I
cannot say I saw knocked to the ground.
Cross-exaMined by Serjeunt CROSS—My object
was only to keep them off the Crown lands and
the Duke of Grafton's estate; I did not go to see
.the fight', but to diScharge my duty.
Thomas Evans, examined by Mr. ANDREWS
I am a constable of Hanslope, in this county ; ou
the 2d of June last I was called by the High Con-
stable of Stony Stratford and Newport Pugnell to
attend at the Watts' Arms, flanslope, to assist to
prevent a certain fight, which was to Nike place in
the neighbourhood; 1 attended the Watts' Arms.
for some time ; there were a great many persons
there; I did not see the prisoner there; went from
thence to Hartwell, in Northamptonshire; saw a
great number of persons assembled; and saw two
men fighting; could not swear the prisoner was one
of those men ; saw the other man Wore, and heard
him called by the name of Sandy M'Kay, but not in
his own presence; since then heard hint called
Alexander M'Kay ; whilst the men were fighting,
I did not hear any names called out; one of the men
lighting I bad seen at the Watts' Arms—he Was
called Sandy ArKay ; the other was called Simon
Byrne; they knocked each other about; I waited
till the light was over ; they fought routhidesa;ppitetutrheed
jaesetntciirevee
very
yr
muchtoo roadts; tilirtmheanhienatllreodutMld`Kr‘vvyKalpty.
was knocked down, er fell down, I believe ; did not
exactly notice what occ.isioned ie fall ;
quite helpless, and could not stand ; he fell on his
back—l did not see how; he was than taken to
the

Watts' Arms ; I did not Imo him auy more till he
got to the Watts' Arms; at the 'Watts Arms I saw
Mr. Heygate, tise surgeon, and two men that I
heard called Thos. Cribb and George Cooper ;
did not notice any other person; I did not hear them
talk; I saw the man called M'Kay afterwards in
bed, when Mr. Thomas Heygate was with him ;
did not bear him spoken to.
Anne Stanley was called, but did not answer.
Richard Munday, a barber, at Hanslope, was at
the fight on the 2d June; saw two men fighting;
they were called Sandy M'Kay and Simon Byrne ;
had cut the man called Sandy M'Kay's hair some
hours before the fight; I cut it short; I saw the body
of the man whose hair I bid cut afterwards; there
were bruises about the shoulder; there was a mark
of a name on his right arm—it was " Alexander
M'Kay;" it was done with gun-powder.
John Field, of Sherrington—Was at the fight at
Hartwell on the 2d of June; saw a great many people
standing about '• a fight took place between two men,
who were called Simon Byrne and Sandy M'Kay;
saw blows struck or exchanged; saw blood from the.
effects of the blows; they continued to stand up
after the blows; there were several rounds—that is,
they stood till one or other, or both, were down, when
they got up and stood again ; in the last three or
four rounds M'Kay seemed to have his face cut ,a
good deal ; in the last round M'Kay fell, from a blow,
as I thought—apparently to me he fell sideways;
his hands were well up in a fighting attitude When,
he fell; when he was hit, his hands dropped, and h©
fell; did not get near enough to see him after; the
blow appeared to be ,given by 'the man ti;y called
Simon Byrne; saw t 4 prisoner at Newport after
the fight; a week after.

James Heygate, a surgeon, living at Han-
slope, deposed, that on the 2d June last he, Was
in that village; did not see • the prisoner, on that
day ; saw a .man called 111‘,Kayi he rather thought
he heard him called a Alexander MoKay;" he saw
fight in 'the parish, of Hartwell; between two
men, whom he heard called simon,Byrne-sed Alex,
ander IVl‘kay; was quite in the }rank ground, but
saw part of the fight, the first part; did not atm the
hitter part ; the two men were fighting with their
fists and striking each other; they were occasionally,
down; when the fight was over, he went up to
NPICay and found him insensible; he bled him upon
the field, and then had him conveyed to a kind of
break or carriage, and from thence to the Watts'
Arms, Hanslope; he accompanied him in the break;
considered that the insensibility was produced by
some injury to the head; whilst going along the
road he kept his lingers in the man's mouth to pre-
vent suffocation; attended him occasionally to the
time of his death ; he died the next day about nine
o'clock at night ; aftemards examined his head;
found a contusion on the left side of the head; on
cutting through the scalp, and after removing the
skull-cap and dividing the darn mater, he discovered
a 'considerable effusion of blood: the bruin WAS
otherwise healthy; the brain was evidently com-
pressed ; there was more water in the right ven-
tricle than the left ; there might be three or four
table-spoons of blood effused ; the contusion of the
brain of the deceased, he thought, had been pro-
duced by falls or blows; the effusion of blood was
the cause of death; considered that the inseirsibi-
, lity on the ground was ceused by concussion or com-
pression of the brain; had seen WKay before the
fight, he was then in good health. • %c
Cross-examined—Was on the ground at the com-
mencement of the tight; went to the tight to render
vfessionalassistanee if be should be wanted; being
near his residence he went professionally, and
stopped till after the fight was over; he might have
been forty yards from the men fighting ; never was
at a prize-fight before; could not say it was a fair
fight or not, as he knew nothing about fighting ;
Al`Kay was a very large muscular than---a magnificent
man ; he was taller and bigger than the prisoner ;
excitement would produce a rupture of a vessel on
the brain, or any strong individual exertion ; u men
wrestling or striking a blow himself and missing
might produce a rupture of a blood vessel, and de-
cidedly more so if accompanied by great mental
excitement.

Mr. Wm. Stowe, a surgeon, from the evidence
he had heard that day, was of opinion the death of
M'Key had been occasioned by blows, or injuries
received in the fight ; he wacconfirmed in the opi.
nion from what he beard fall from the medical wit.
mass He thought this particularly from boning
that the internal injury was conneetert with the
external injury. The same part* the brain was
affected, and the effusion of blood occasioned death.
Mr. Thomas Heygate (brother.to the gentleman
already examined) frevernly attended the person
called M'Kay, at the Wet& Arms, at Hunalope ;
was present at the examination after death ; on
opening the head observed an effusion of blood upon
the brain; he considered this had been occasioned
by a fall or external injury on the head; the cause
of death was the effusion of blood; was at thin
fight ; blows were exchanged ; saw the last roam),
but did not see what occurred with distinctness;
after the last round the man was insensible ; lie
considered incenaibility had been produced by a fall
or a blow.

Cross-examined by Mr. KULLY—Did not are
any particular fall or blow. A man might be wen-
dered insensible without that blow being mortal. A.
blow, in itself not mortal, might be rendered so by
carrying the man along a rough road, and up a
steep staircase with his heels up and his head down.
This treatment was as bad as it could be short of
actual violence; an effusion of blood might possibly
be caused by such treatment, and more especially if
it was a heavy, large person, such as M‘Kay was,
who had been thus treated.

The case for the prosecution was here dosed ;
when

Mr. Serjeant Swaim submitted that there was
no case to go to the Jury. The same proof of death
having been caused by the prisoner was as necestary
in an indictment for manslaughter as in murder, and
here there was no proof that the prisoner had mt-
sioned the death of the man called MfKly.
The prisoner was then called upon for his defence,
but ho declined making any observation.
Witnesses were then called in his behalf.

Mr. Thomas Spring--4(eeps the Castle Tavern,
Holborn, and is acquainted with the prisoner. Had
known several challenges sent to the prisoner
through the medium of Bat Zile in London, and
otherwise, to fight *Key. The prisoner repeat-
edly expressed a reluctance to fight. him. knew
the prisoner for'two years. He was a good-hearted.
kind, humane tnan—remarkable for his good-nature
and kindness of disposition.
Cross-examined..ls not a prise-fighter. Did not
fight Neat more then once. Was not at the fight
which took place on the 2d of June.
There were several otter witnesses in attendance,
but the Counsel for the prisoner considered they had
light,slto a
n enough o u
that
to
hisp prove that h‘erawsatisttreoluteataiklilT
hearted nod humane man,

The Jury, after about ten tninutooi consideration,
announced, that they had agreed on their verdict ;
and on the question being put by the Cleric of the
Arraigns, as to what that verdict WA% they pro.
d nouncewith au audible voice—" Not Guilty."
This verdict was received with the loudest 04
moat boisterous acclamtPions, which it required
HUM exertions on the part or the officers iuo, C
0114
to supprese, end which. was warmly animadverted
upon by the Learned Judge as most indecorous.
The prisoner was then arraigned on the Coroner's
inquisition, but no evidence having been offered,
that he was acquitted also, and immediately quitted
the dock atnidst the warm congratulations of his
friends. The whole town Was in ecstasies for the
:remainder of the night, and the foaling of triton
universal. P
The proceedings lasted till nearly nine o'Clnek,
and it is understood that no future attempt will be.
made to indict or bring to trial the other parties► in•
eluded in the indictment with n
yin., or to prefer
any fresh indictments.
No expense was spared in defending Byrne on
this oecasion—no less than five solicitors Woo .etfr
gaged directly or indirectly, and twelve wit,

from other quarters, who were supported for three
days at the White Heart, and other inns in Buck-
ingham, at a heavy charge. Byrne is expected to
arrive at the Castle Tavern Holborn, this evening,
to receive the; congratulations of his London friends.

MIDLAND CIRCUIT.--NORTHAMPTON, JULY 21.
The business of these Assizes, which commenced
yesterday between twelve and one o'clock, termi-
nated about the same hour to-day. The only cause
(an ejectment) which stood over until this morning,
went oif on a compromise. Both the Learned
Judges then speedily disposed of the few remaining
indictments.