The Sun.
London, England, 1838-09-19 00:00:00

CRIMINAL COURT-(THIS DAY)

OLD COURT.

THE LATE UNFORTUNATE DUEL.
Mr. BODKIN, upon the Learned Judges taking their seals,
said that he had to apply to their Lordships in a case in sv Lich
a true bill had been found against four persons for wilful mur.
der, for aiding and assisting in a duel that had lately taken place
on Wimbledon Common. It was the intention of Mr. Brough-
ton, the second of the unfortunate Mr. Mirfin, who had been
killed, to surrender to take his trial, but he was desirous of
not doing so until a day was fixed for it to take place.
Mr. Baron VAUGHAN said that he would endeavour to
meet the wishes of the Learned Counsel and the accused,
if he could do so consistently with his duty ; and perhaps !the
better course would be to appoint the trial the first for Friday.
There was a most important trial fixed first for to-day, namely
the trial of a person named Myers, for murder. Now con-
sidering the serious nature of the charge, he thought he
should not be discharging his duty either to the prisoner or the
public if he took that case that day, as neither himself nor his
learned brother had had an opportunity of reading the depo-

sitions.
Mr. PHILLIPS said it was right that the Court should be
informed that one of the Learned Judges, who presided last
Session upon the trial of Mrs. Pow, immediately after the
conclusion of the address of the Learned Counsel for the pro.
secution, stopped the case ; and the Jury, under his direction,
acquitted the prisoner. Now, it was very likely that the same
result might attend the present case ; and if such was to
be the case, it would be useless to postpone the trial past
that day.
Mr. Justice VAUGHAN wished to know whether it was the
intention on the part of the prosecution to bring forward a
different case against Myers to that which they had brought
against Mrs. Pow ?
Mr. PRENDERGAST said that the case against Myers was
very different to that brought against Mrs. Pow.
Mr. Baron ALDERSON—Then that is quite sufficent to jus-
tify us in postponing the case until we have had an opportunity
of reading the depositions. Let the case stand for Friday.
Perhaps the better way will be to appoint the case of Myers
and the duelling case both for Friday.
Mr. CHAMBERS said that in the latter case three or four
medical men would be in attendance, and as their time was of
value, not only to themselves but the public, it would perhaps
be better that that case should be fixed the first thing for

Saturday.
Mr. BODKIN observed that the Session would be concluded
on Friday, and it surely could not be necessary to have three
or four medical men in attendance to prove that the unfortu-
nate Mr. Mirfin died of the shcts he had received in the duel.
Mr. Baron ALDERSON—I think we had better take Myers'
case to-morrow, otherwise we shall have nothing to try but
petty cases, and we don't come here for that. We cannot
take the case of Sandford to-day, who stands charged with
forgery, because Sir F: Pollock, who appears on behalf of the
prisoner, is not here.
After some further discussion, it was arranged that Myers'
case should be taken the first tomorrow, and that, immediately
after his trial was concluded, Sandford should be placed at the
bar.
Ram.— George Young was plach at the bar, charged with
a rape upon his own daughter. The prisoner pleaded, Not
Guilty to the capital charge ; but, no' evidence being
offered, he was acquitted. He was again indicted for the as-
sault and misdemeanour, to which he pleaded Guilty.
Mr. Baron VAUGHAN, after a feeling address upon the
enormity of his offence, sentenced him to two years' imprison-
ment and hard labour.
Mr. Broughton will surrender and take his trial on Friday.

NEW COURT.
Alexander Little, jun., was indicted for stealing, on the ls,
of August, 43 yards of gimp, value 41., the property of Ro-
bert Hughes upholsterer, of Piccadilly ; and Alexander Little
and Mary Little, stood indicted for receiving the same, well
knowing it to have been stolen.
Mr. Hughes gave orders to a tradesman to make the gimp,
which was done, and sent home by a boy, who was not pro-
duced ; and, therefore, it was not in evidence that it had ever
been in the possession of the prosecutor.
The COMMON SERGEANT thought there was not evidence
enough to warrant a conviction, and under his direction OP
Jury acquitted all the prisoners.
Alexander Little, jun., was again indicted for steal:
furniture, and various other articles, the properfr
Hughes, his master.
Mr. Hughes deposed that the prisone•
.
ment as foreman, and had charge of was in his employ_
.
information which he received. the warehouse. Frf,n.,
into custody, and his lodgie- tie caused him to be %An.
e searced.
the articles prodw• '-•ea'
which he b, found
be his property
some of all
the sf b hThe.
articles he knew • /dozed to
Avi!) ...,e
officer, deposed to finding the .0 be his.
pointed out by the prisoner as his propertyr
Mr. PHILLIPS addressed the Jury • iwn.
galled several persons to character. .or the prisoner, and
The Jury found the prisoner Go'.
to mercy on account of his previ
Ity, but recommended him
The COMMON SERGRAN' ss sus good character.
.:au A
have a good char ;hr a m
was a !)ad and he W ,would not in his situation must
have it otherwise. It
the 7.;soner for transpo •s afraid his duty would be to mark

• .ng bed
i of Robert