The Sun.
London, England, 1831-03-09 00:00:00

Mr. Justice James Parke entered Lancaster on Saturday even;
.ing, and immediately protOded to the Castle to open the Conn;
mission., His Lordship attended Divine Service Tzterday, ace
coMpetixl by the High Sheriff, /1, Pe Wonky,, • (the first. ,
Catholic Sheelfr in this county since the passing of the Relief
Bill) Mr. Justice tlttledale did not enter the town until yes-
terday evening. This Meaning the business commenced in the
Crown Court, before Mr. Justine Littledale. The calendar con-
tains the names of feel prisoners, nine of whom are charged with
murder, Olsen with rape of the •010 et aggravated cleseripticn.
and a considerable number With very extensive forgeries.
The Crown Court Seat occupied during the greater pact of the
day hi trying cases of friennianghter, which, as is usual in-thite
eonnte, make a conspicuous flgt1:1,111 the calendar. _
Mr. Justice*PA RICE presided oft the Civil side. The entryof "
causes is the striellest thee has Men kneetee fbr many years (only
ninety-six), and Vet: fex of them are likelyto possess much
interests
Bdtpard Foden, aged 23, Wee incitcted for aiding and assisting.
.Toseptl 1.7C3” in killing and slaying 04n-suel Leach at Manchester•
on the 12th of espell last. ' •
Mr. A NISTRON baying stated the eee for the prosecun
tion, said that the Prisonef eeetild have been EitoWit 'to trial at-
'the last. Assizes, when Dean end two others *eke convicted el;
this ward sentenced to six months' inteeleonment, but he had ale-
scrinded, nett seas not apprehended until after the Assize;.
James Leatli, the bcothcr of the deeceeeti, swore that on the
morning of the -filth Of Aiwa last be heard that his brother was.
going to fight a pitched Wile with Joseph Dean, neer Atinches-
ter, and he went to see the figlin When he fret to the field
vstsere it took place he sate hie brother inci-,Dean fighting.—
Trie.erisstner and another man, narked Plant, acted as seconds
for„tfie de eased, and two men, neetised cip and M'Geary,
were Deanne siecende In the course of thebattle, about the 10th
round, there Was 4 Cry et' font play nu the part of Dean and the
prisoner, amid Plant terse hold of deceased and sale they would
take him out of the ring, Whielt they did. The other seconds
,t that
d
ot'evrfibaeuge
ii:t:zsetoe
ceahen
sed.
al'
ititcpd ring he hinstimoe7and.oes::: tift::l:,ol:trii,l7i
et:
againl
h,iolr six rif t
again :reah:irtiaso
tit tehia tkl
te,:wl
eloehri takennni:'vgh:;:cihnr thewth.se
a second cry that Veen had again acted unfairly by kicking nee
that If the fight were not centiened Dean otherhold shouldc:l deceased,seconds hav 3at hihdatt
stakes. Plent then said "if Leach fights coy more he shall fight
for love.atel net for money." The fight was then renewed and
continued up to the MI round, when deceased fell senseless,
without a blow, and was carried out of the ring by the prisoner
and another man, and taken to a .surgeon. .The deceased died
on the nith April. The prieoner and Plant-acted as seconds to
the end 6f the battle.
Cress-e) grditte4 IN Mr. DUNN-The prisoner and my brother
were good frieride. I don't think the ptisorter nwett my brother
any ill-will. I think they prisoner would serve my brother rather
than assist any one to do grits an injury. The eristmer behaved
with great kindness to my brother when 'he fell
.senselesseand
took leen to a surgeon. When Plant said that my brother shount
not fight ene longer for money, the prisoner did not say any
thing. Tbere were a great many persons present at the fight—
above a hundred, The prisoner would have stopped the battle
twice, but the other "monde would not agree to it. When the
prisoner Wished to stop the fight, my brother did not appear to
haft- been much hurt. I did not know that the prisoner was to
have anything to do with the fight until I got to the ground in
the morning.
HENRY Oh LlFil-1 am a surgeon at Manchester, and wis
called in by the Corener, on the 14th of April, to inspect the
body of the deceased; I intent many bruises upon the head and
body: They were such bruises as would be occasioned by falls or
blesiee from a fist. Upon opening the body, I found that the
vessel of the' brain were remarkably full, and that there was a
considerable extrave,sation of blood upon the brain. The lungs
were much inflaniedi and there was a. considerable quantity of
blood and water within the cavities of the chest ; I attribute 14
death to the injuries sustained from external violence.
Cross.examined—l was net present at the fight, and know
nothing as to how those bruises Were occasioned ; I attribute the
death to the Menses on the head; I do not think the bruises on
the body would have occasioned death.
Mr. DUNN submitted to his Lordship that there was no case
to go to the Jury—there teas no evidence that the deceased had
received during the battle any blows on the head, and the evi-
dence of the surgeon was that the blows on the head were the
sole cause of his death. The only evidence that the prisoner
acted as one of the seconds was, that he assisted to take the de-
ceased out of the Ong when he fell senseless, and that on two oc-
casions he interfered to pot a stop to the battle, and there was no
evidence that the prisoner encouraged the deceased to continue
the battle, or had given him such advice as seconds were usually
in the habit of giving on such occasions. .It was true that all
persons who were present at a prize fight were guilty of man-
slaughter when death ensued, if they encouraged the fight
either by si/ente or by taking an active part, but in this
case the prisoner was not, according to the evidence, as
guilty as the one hundred persons who looked on without
saying any thing, for he interfered to put a stop to it. He (Mr.
D.) also submitted that there was no evidence to sustain the in-
dictnient charging the prisoner with " aiding and assisting"
Dean to " kilt and slay" Leach, tint on the contrary the evidence
was that the prisoner did every thing to prevent any injury- to
Leach.
Mr. ARMSTRONG was about to reply to the objections when
he was stopped by
His LORDSHIP, who said he thought there was a case to go
to the Jury, as the witnesses swore that the prisoner and Plant
acted as secret& to the end of the battle.
The prisoner, having been called upon for his defence, said he
did all in his power to step the battle, when Dean was guilty of
foul play, but that Dean's seconds threatened to ill-use him if he
did not allow the battle to continue.
His LORDSHIP, in summing up, said, that by law all per-
sons who were present at a pitched battle were guilty of man-
slaughter when death ensued, and it was not necessary, in order
to convict the parties, whether spectators, principal, or second,
to prove any malice or ill-will towards the deceased.
The Jury. having deliberated for a few minutes, found the
prisoner Guilty, but recommended him to mercy.
Mr. DUNN begged to Mention to the Court that the pri-
soner hail already undergone imprisonment since the 3d of Sep-
tember last.
His LORSHIP said, the Court taking into cOnsideration the
recommendation of the Jury, and the length of imprisonment
which the prisoner had already suffered, was inclined to pass a
lenient sentence. The sentence of the Court was, that the pri-
soner be imprisoned two calendar months in Lancaster Castle.
Benjamin Schofield, aged 27, and Peter Ashton' aged hi, were
indicted, the former for killing and slaving, and the latter for
aiding him in killing and slaying John Thomas. •
The Jury found Schofield Guilty, and Ashton Not Guilty.
Samuel Wheeldon, aged 23, was indicted for killing and slaying
his wife Lucy, on the 11th December last, at Manchester.
Atter hearing evidence Mr. Justice LITTLEDALE stopped
the case, and said it was too slight to go to es Jury, and the pri-
soner was acquitted.

THE MARKETS.-(THIS DAY.)

CORN EXCHANGE.

There are only moderate arrivals of all kinds of Grain. this
week. The Wheat trade for English parcels firmly maintains
Monday's terms ; in foreign there is little doing. Barley remains
as last reported. Beans and Pease are unaltered. There is a fair
trade far Oats, at the terms last quoted. Flour unaltered.