The Sun.
London, England, 1839-02-09 00:00:00

THE FATAL DUEL ON WIMBLEDON COMMON.

Edward Delves Broughton, 21, surrendered to an in-
dictment, which charged him with having on the 22d of
August, aided and abetted one Francis Lionel Elliot, in
killing and slaying Chas. Flower Mirfin, in a duel.
The prisoner, on his being arraigned said, that he could
not deny that he was present on the unfortunate occasion
named in the indictment, and it only remained for him to
plead guilty.
Mr. CLARKSON addressed the Court at great length in
mitigation of punishment, on the ground that there was a
person not in custody, of more experience, deeply con-
cerned in the transaction, and that the prisoner exerted
himself, after the discharge of the first shot, to bring about
a reconciliation, but unhappily without effect.
Mr. CHAMBERS, for the prosecution, said that the friends
of the deceased were bound to take the present proceed-
ings ; at the same time they were perfectly satisfied that
the prisoner had not taken so active a part as others who
might have prevented the fatal occurrence taking place,
and who were, if possible, more responsible than the pri-
soncr at the bar. He therefore was instructed to say that
the prosecutors entertained no hostile feelings against the
prisoner, and they expressed themselves anxious to pray
the Court for a mitigation of punishment.
Mr. Justice VAUGHAN then addressed the prisoner in the
most impressive manner, adverting in strong terms on the
conduct of the persons in whose power it was to have inter-
fered in preventing the death of Mr. Mit fin. He had
looked into the depcsitions, and it appeared to him that the
Learned Counsel, who addressed the Court in mitigation
of punishment, had not overstated the facts, and being the
Judge who unhappily had tried two other prisoners for the
same offence, he was of opinion, from all the circumstances
of the case, and from what appeared on the depositions,
that the prisoner at the bar was made an instrument of
others, and in point of fact, his conduct as a second was
entirely superseded by an individual who had given evi-
dence on the former trial, and whose activity on the occa-
sion drew down, and deservedly the animadversions of the
Jury and the Court. His Lordship concluded by ordering
sentence of death to be recorded, and that be felt it to be
his duty to lay the case before the proper authorities, with
a recommendation in favour of the prisoner. _

John Billl,a fine young man, aged 23 years, was indicted
for the manslaughter of William Rushbrook, by stabbing
him with a knite, on the 18th of January last.
Mr. PAYNE, with Mr. BELL, conducted the prosecu-
tion, and Messrs. Pitmurs, BODKIN, and CLaaKsoN ap-
peared fur the prioner.
Mr. PAYNE, having stated the case to the Jury, called
witnesses.

The evidence against the prisoner was then given at
considerable length, but as it has appeared in the reports
of the Coroner's Inquest, and the examination before tee
Magistrates, it is needless to repeat it.
The case for the prosecution having closed, Mr. PHILLIPS
addressed the Jury for nearly two hours. And at the con-
clusion of his speech, which made a great impression on a
crowded Court, several respectable perzons bore testimony
to the humane and excellent character of the prisoner, some
of whom had known him from childhood, and they con-
sidered him to be of a quiet, kind-hearted, and peaceable
disposition. One of the witnesses said he observed several
gentleman in Court, who had come forward to express
themselves in similar terms respecting the general conduct
of the prisoner ; but the Court considered their testimony
unnecessary, as a sufficient number of gentlemen had already
been examined, who left nothing in their power undone to
serve the prisoner.

Mr. Justice VAUGHAN summed up, recapitulating th•
evidence minutely as he proceeded.
The Jury then retired, and after an absence of an hour
and a half brought in a verdict of Guilty, at the same time
recommending the prisoner most strongly to mercy upon
the grounds that he had committed the act under the ap-
prehension of personal violence.
Mr. Justice VAUGHAN said he would attend to the re-
commendation-, and would take into consideration such a
mitigation as would answer the ends of justice.
The trial occupied the Court from half-past ten in the
morning until half-past nine at night.

NEW COURT.
( Before Mr. Sergeant ARABIN. )
M. A. Waters, an interesting looking girl, aged 19,
was indicted for stealing 51 cigars, the property of I.
Farringdon Peters, her master, and IVilliant Broadtvat,r,
26, a druggist, was indicted for feloniously receiving the
same, well knowing them to have been stolen.
Mr. RYLAND conducted the prosecution, and Mr. CHAM-
BERS appeared for the prisoners.
Cornelius Murray, a constable of the E division, stated,
that on the morning of the Bth January, while on duty in
Marchmont-street, where the prosecutor carries on his
business, he saw the male prisoner receive two small
parcels from a girl, which he instantly put into his pocket.
On being banded the parcels by the other prisoner, wit-
ness went up and told him he was in custody, and he
should go with him to the station-house ; and when on
the way he offered him all the money he had if he would
set him at liberty, but he refused, and after leaving
him locked up he returned to the prosecutor's house,
and after acquainting him of the circumstance he took the
female prisoner into custody. The male prisoner did not
mention that he was going by coach to Bristol the next
morning. _ _ _

Mr. Peters proved that the female prisoner lived with
him about three weeks, and he had received a good cha-
racter with her from the male prisoner, in Brown-street,
Bryanstone-square, who told him she had lived with his
mother eighteen months at Vauxhall. When witness at-
tended at the station-house the male prisoner pressed him
not to prosecute for the sake of his mother, and the female
prisoner prayed of him to forgive "James."
Mary Sharpe, 10, Joiner street, Westminster-road,
proved that the prisoners came to look at a room to let,
which they took, and lived together as man and wife, under
the name of Brown. They remained only two months
'
and the female left a weak before her companion.
Jane Charlotte Snow, of the Vauxhall-road, knew the
prisoners, who lived in the opposite house. He carried on
the business of chemist and druggist, and the female ap-
peared to be his servant, but there were familiarities ob-
served to pass between them.

Inspector Campbell, who apprehended the male prisoner
in Clifton, deposed that he did not deny having received
the cigars, but he did not think they had been stolen.
Cross-examined.—When Broadwater was examined
eforo the Magistrate he was discharged out of custody.
Mr. CHAMBERS addressed the Jury at some length for
the prisoner Broadwater, contending that his discharge
before the Magistrate ought to be final.
Mr. GAZELEE, for the other prisoner, submitted that
the male prisoner saying he had received the cigars from
the other prisoner, ought not to weigh with the Jury, as
it was not evidence, nor was there any that she handed
the property to him.
Several witnesses as to character on the part of Broad-
water gave evidence, and the other prisoner also received
an honest character.

The Learned' SERGEANT having summed up, the Jury
retired for a short time, and returned a verdict of Acquittal
for the male prisoner, but found the other prisoner Guilty.
The Court sentenced her to three months' imprisonment.

POLICE INTELLIGENCE.

B 0 W. STREET.

- William Humphries proprietor of the Elysium Supper
Rooms, Bridges•street, Stranl, was yesterday summoned
before Sir F. ROE, by Wyatt, the common informer, for
having unlawfully kept open his room between the hours of
one and five o'clock in the morning, :not being duly li-
censed to sell spiritous liquors.
Henry Moore, a hired witness, proved that, on Sunday
the 3d inst., he went :to the rooms which are kept by the
defendant, at 12 o'clock, where he was served with a mut-
ton chop and ginger beer, for which he paid Is. 6d. He
remained until a quarter past two o'clock, and on his re-
turn he was served with negus. The defendant was in the
room all the time, giving directions to tho waiter.
The defendant observed that he know the witness had
gone by another name.
Sir F. ROB said that such a circumstance did not affect
his testimony, unless be bad been convicted of perjury.
John Reece, a waiter, deposed that he was in the ser-
vice of a person named Harvey, and not in that of the
defendant, whose business was only to superintend the rooms.

.
Sir F. ROE inquired if the police were in the habit of
visiting the rooms, as frequent complaints had been made
of disorderly persons frequenting them.
Mr. Inspector Meddlicot replied that he had frequently
gone there in the morning, but he never witnessed any
disorderly conduct.
Sir F. Ros said the police had a right to prevent such
places being kept open at improper hours, and such a
practice should be put a stop to in future.
The defendant was then fined in a mitigated penalty of
.5/., with costs.

MARY LEBONE.
It will be remembered that on Thursday last the wife of
a respectable tradesman, named Jones, residing in Exeter-
street, Marylebone, was committed from this office for trial,
on the charge of having stolen a gown-piece from the
shop of a linen-draper in Portman Market, and that on
being conveyed to her destination (Newgatc) in the prison
van, she requested to be allowed to keep her infant child,
which Sergeant Ryan, the conductor, refused to let her
do, and repulsed her with much rudeness.
Yesterday Mr. Hoskins, Lord Montford, and Mr.
l'epys, investigated fully the particulars connected with
the case, and after the examination of several witneEses,
felt it their duty to reprimand the sergeant for his beha-
viour in the particular instance alluded to, at the same time
advising him to curb his temper in future, on pain of being
visited with the serious displeasure of them (the M aais-
trates), who would, in the event of any further complaint
make a report thereof to the Police Commissioners, which
in this instance they only refrained from doing in the hope
that what already transpired would operate properly as a
caution.

Q UEEN- S QUA.RE.
Two boys, named Connor and Selby, both notorious
thieves, were brought up for re-examination upon a charge
of picking the pocket of Artin, a Turk, who holds the
situation of head cook in the establishment of Reschid
Pasha, the Turkish Ambassador.
The robbery took place on the day of the opening of
Parliament. The prisoners were seen to take a handker-

chief from the coat-pocket of the prosecutor as he stood
amongst the crowd in Parliament-street. Sergeant King,
of the N division, who had witnessed the transaction, then
apprehended the prisoners, who would have been com-
mitted for trial on the same day by Mr. White but that
the prosecutor was incapable of speaking English, or in
any way making himself understood.
Yesterday Mr. Victor Salame, the Queen's Oriental
Interpreter, attended, and made the case understood to
Artin, who then very readily undertook to prosecute, and
in his native tongue overwhelmed the police with thanks
for taking care of his property. He was then sworn by
the Testament, being an Armenian, and having furnished
the necessary evidence, the prisoners were fully committed
for trial.