The Sun.
London, England, 1849-12-19 00:00:00

anslvcr or excuse for crime, but it had been wisely laid
down by Mr. Justice Patteson, in a else where a party
was indicted for an assault with intent to murder, and it
turned out that the party was drunk when be committed
the etTAice, that the jury must bo satisfied that an
!wilt to murder goveracd the mind of the prisoner
before they could convict him of more than a common
4%sault. That merciful rule must prevail in this instance,
and he was confident that when the jury well considered
the circumstances attending the committal ot' the crime,
theY could come to no other conclusion but that the
Prisoner was driven to it by the frenzy of drunkenness,
and by no intention to murder his father, as averred in
the indictment. The Learned Gentleman then sub-
mitted the following, evidence to the consideration of the
Jury:—

Francis Tilling isioulthouie, the younger brother of
the prisoner, stated that, on the 4th of October last, he
wt'rit with the prisoner to a fish shop,, where they had
Oule oysters, and the prisoner behaved in a very strange
manner. He then adjourned to several public-houses,
where ho drank copiously of brandy and water, the wit-
.„ll"6 all the time trying to make: him &sig., but to no
At
length
purpose. the witness induced him to retire
to_, coffee•housc to have some tea, for the purpose of
destroying
the eacts of the liquor, where his face as-
°mined a deep crimson colour, and he complained of a
Pain in his head. Findin,, that ho could not get him
home witness left hint, and did not see him again till
some time after.
Two other witnesses spoke to seeing him furiously
drunk. on the same night, about seven o'clock. He h-ad
wo pistols with him at the time, and conducted himself
Hi violent and excited ivanner. lie presented a pistol
at one r
of the witnesses, and siwped a percussion cap.
Fortunately it was not loAded. Another witness, in the
service of his brother, stated that between ten arid eleven
Cluck at night, on the 4th October, the prisoner came
!c' his master's gate and presented a pistol at him, say-
ing it was loaded ; while another witness, who met him
iu
bye-lane at Chiswick, deposi.d to his having pre-
sented a pistol at him, and asking the witness if he was
a friend.

(The trial wax proceeding when our report left.)

BOW-STREET.—(THILS DAY-)
Catherine Edwardce, the wife of a labourer, residing
at No. 2. Nottinghaue•ccurt, Endell- street, St. Giles'e,
was placed before Mr. Henry, charged with having
caused the death of an elderly female, named Wall, by
strnti„.4-- her on the head with a thick, heavy stick.
Mary Ann Scendery, living at No. 11, Nottingham-
court, stated that the deceased was her landlady.
About twelve o'clock on Saturday night, the 2d inst ,
le!rs. Wall was standing in the court, when some
high words ensued between her and the prisoner.
The prisoner went into her house and brought out a thick
Biick. She rushed upon the deceased and struck her a
"Intent blow upon the bead, which felled her to the
ground. She was talcon to King's College Hospital, and
3he entered as an out-patient. The deceased continued
to get worse, and died about half-past two o'clock this
Morning.
Mrs. Stephenson and her son, a boy about 12 years of
ago, residing in the same court, corroborated the first
wan( s ,'s evidenco.
James Wright, a police-constable, No. 312 A, said
he Was on duty in Nottingham-court, on the night of
the
2d instant, and heard the deceased and her son
"mg very otscene language, and they were also very
uch intoxicated. He requested them to go in, and
they did so. The prisoner was in the court, and she
aPpeared qui*e sriber. Witness; went round his beat;
and on his return he heard a violent scream. He has-
tened to the placo, and learned the deceased's son had
struck the prisoner across the arm with a stick. He
took Wall into custody. He was taken before the
zahagistrate on the following Monday, ned he was fined
el*, and in default of payment, to be committed
for twenty-one days. He was unable to pay the tine,
and he was locked up. The stick was produced, and
it was a black stick, as thick as a policeman's trun-
cheon, but much heavier. It was the one the deceased
,wits alleged to have been struck with. Witness never
heard that the prisoner had struck the deceased until
this morning, and ho threw the stick away for the pur-
pose of not letting the parties have it again.
Ur. HENRY.—Is there any chance of its being found?
The witness—l threw it over the railings of St. Paul's
Church, Covent garden.
aor.
Mr. HENRY requested that a search should be made
_I
and produced at the next examination it discuv-red.
Mr. Ellin' house surgeon of King's College Hospital,
!aid the deceased came to the hospital on Sunday morn-
'figs the 2d inst., and was suffering from a very severe
and dangerous wound on the right temple, about three-
rarters of an inch in extent. Ha dressed the wound;
ne was admitted as an out-patient.
Mr. lIENRY--Can you tell the cause of death? Mr.
"E'abh said he had not had time to make a post modem
!xaniination of the body of the deceased, and should like
to defer his opinion until he had done so.
Mr. HENRY then remanded the prisoner for that
Purpose.

MARLBRO'..STREET-(THIS DAY.)
, A DRUNKEN VAGRANT.-Sarah Baines, a wretched-
looking old woman, was charged, before Mr. Hardwick,
With) being drunk, and begging of several gentlemen in
Piccadilly, at one o'clock this morning.
Wells, 1 C, said he was on duty iu Piceadilly at one
clock this morning, when he saw the prisoner, who was
.1"Y drunk, go up to several gentlemen and demand
rePney of them. On their refusing to comply with her
twisher she abused them in the most ebscene and filthy
:ram Witness, to stop her from annoying any other
rereons, conveyed her to the station.
The prisoner denied begging of any person, but ad-
tinted having indulged too freely in gin.
Mr. HARDWICK committed her for a month to the
4ouse of Correction with hard labour.
STEALING LEAD.—John Walters and Patrick Walsh
Were charged with having stolen a leaden cistern and a
quantity of lead piping from a house in the occupation
of Mr. Frederick Clark, 22, King-street, Soho. It ap-
peared that the prisoners were employed by the prose-
cutor to do some repairs to one of the rooms in the
e?se, and during his temporary absence yesterday the
Prisoners removed from the kitchen a large leaden cis-
tern and a quantity of piping, which they disposed of to
a marine-sture dealer near Seven Dials. The prosecutor
en discovering the theft went in search of the prisoners,
whom he found in the neighbourhood and gave in
cuarge.
Several witnesses were examined, who proved seeing
the prisoners leave the house with the property in their
Possession.
RECEIVING STOLEN PROPERTY. Arthur Brown,
Thomas Calk, and Robert Burley, were then placed at
the bar, charged with having received the above pro-
Perty, well knowing it to have been stolen.
Weston, 15 B, said last evening he was in Pulteney-
Street, when he saw the prisoner Brown enter a marine-
Store dealer's with a large bag on his shoulder. He
Watched him, and saw Burley, who kept the shop, put
491112 lead into a scale and weigh it. Clark at that
Stifle was standing close by with a bag in his
• PPII, and put the lead into the bag after
It was weighed. Brown and Clerk then came
out of the shop, and witness followed them to
brown's house in William and Mary-yard, and then
IWied Brown what he had got. He said lead and copper,
arld pointing to Burley's shop s4id he had got it from
there. Witness went to Burley's shop, and inquired
what metal he had sold Brown. Burley said only some
°ld pewter, about five pounds weight. Witness subse-
quently searched Burley's house, and found the leaden
cistern and piping produced, which was identified by
"Ir. Frederick Clark as his property. The whole of the
Prisoners were then taken into custody. The prisoner
-Burley in defence said he did not recollect having any of
the lead in his possession. The other two prisoners de-
clared that they purchased the lead in a fair and honest
Planner, and had no idea it was stolen.
The whole of the prisoners were then remanded.