The Sun.
London, England, 1813-12-07 00:00:00

dell's. Daniel—get nn yhur infamy duele I
bare a, large hill of gratitude against yna., Ilitive 'balanct.,
in ort"favour,::-Stop! stdril tbe•amontityou.nitye nim is 10,000/.
' for ;lefamation of 'c4hracter. It will be qtiftird./ 4 hive
.sworn it by (leaven and earth, and mtal'ictittidu hurl ? ,
haVe 'Tutirdervd the etthirriOcill wtaltl. • The Verson you limit
to nie lytt'S for no'other purpose than.to sayl
• • ' • " TALI*IOI)EV'
*nun') tettiir, neitherfjdate.nor iignatitre..' •
Mr, bet your will made. i'ropate: previre
Ile„left'Witneis betwei!n the "second and third
"leftist ;:Sa'W no difference in his.cerrrect mode of
fransactieg business up to the„tinie AitAfc's's paid
bini his kaf,es. After the receipt of the last let-
ter be. Wits.-put into' a house at hloxtomi to' ins nc
persons, •whelp :-ha 'continued two or three,•
Months, and Was 'thin removed to St:.Lulte's, BY
witimess's direcifori ; saw him at his warehouse on
the 30th November,; witness went out of tliti
'COtitfti hots se;
• lames Charlie; •was ileoolA Whose evidence
was nearly to the Sadie with what he gave
before the Coroner. •
kitorge Metcalt (the first witness), was again
tidied, Ar,cl stated, that Presto itad• a stick its his'
haul wHch he held downward., and struck low
as if be meant to strike the prisoner, but could
not say whether he struck hint or not. The pistol
was fired in the twinkling of an eye, and Presto
tell with his head upon the steps.
Question by the Court.—ln your, two former
examinations, you mid that Presto struck the
prisoner on, the legs I now you say you are not
certain. " 113 ticl so then, .because I thought so."
James' "fens gave a similar evidence to what he
had fortuerly given upon the Coroner's inquest.
Mr. W. Heatlington, (surgeon) deposed to the
death of Presto being caused by a wound be bad
received tram a pistol . .
Daniel Cartwright, a police-officer, who tobk
the prisoner iotn custody, deposed to his havieg
said that he would have shot any man who had
attempted to seize him.'
•
• The Judge here addressed the Counsel, amid
said, that if the prisoner %Vert: insane, be must id
Bourse be acquitted and it lie Ac'ut'e not insane,
yet, as the deceased had nu right to seize lilt per-
"tiOn, he. ((hit prisoner) having committed no
crime, he could not have been guilty of intirder.--7
The Courreel (Mr. Abbot) said, he had uo wish to
argue the.case.
The prisoner (who had been taking notes dur-
ing the whole of the time) being called upon for
his defence, said, be was an injured mats ; that he
bad 'Seen taken to Mile's mad-house, mid after-
rards to St. Luke's, where he had been kept four
Mouths, and then told he was to be set' Ut liberty;
And afterwards Mr; Haigh did not think him well
enough, though tile physician said he was, and on
that account he bad broken out, which he Should
not intre (14)ne, had the promise mode to him been
kept., The witnesses had said theysaw him, through
a glits, sire a pistol, hut they had sworn to what
they could not have seen.
, Ilaidata (of
,Iletlilehem Hospital) stated,
that he had Seen time in.isoner on the 30th of Oc-
tober, .1812, by desire of hiS mek, under a
feigned : had remained with him idiom two
hours, and thought him decidedly insane. He
had seen him again ; and his opinion, if it bad
• wanted ally 'coutirination, was confirmed. Upon
eertificate the prisoner bad been taken to 110x-
ton, where he had seen him a dozen of times. In
an lota questiou trout the Counsel, said, that
upon common topics all madmen would converse
,Had seen Et) lucid interval in the case
tit, the prisoner. He had said that the prisoner
.was an incurable 111;1(111W, and therefore nu me-
dicine had been given. Ile believed time prisoner
thought he had none right; and that he had sum
idea .of moral guilt. •
Mr. Drury, apothecary to, St. Luke's Hospital,
gave its substance the same evidence as . upon Isis
examtuatiema before the Cormier.
• The prisoner put several questions to this wit-
ness respecting are opinion he had given of his
in,anity
Dr. Sutherland', physician to St. Luke's Hos-
pital,:was of opinion, that the prisoner was cer.
'tainly insane buil been him on the Monday
bs-
iore he broke out. In answer to a question from
111 e.• Andrews„ said, that mailmen were generally
invet4lste against thoSe who had confined them.
in answer to a question firms the Coots, us to rite
capacity of the prisoner to judge between right
and wrung, the answer was decidedly in, the
negative. •
Gueteev offered the record of the Coroner's
Inquest as evidence, but it was over-ruled by the
Swat. ,
The prisoner riots', asked to be allowed to put a
question. to,,Dr..Sutherlaud, and being, permitted,
interrogated him whether lie bad not, in July last,
'written it letter, respecting his confinement, to his
uncle.

Dr, Sutherland replied, that he had written a
letter. but it Wa% merely to prodtice a" meeting he 7
tween him and hl'a uncle, which Might:pithaps
alter the state of his feelings towards his uncle.
$, Ls lit.ANct then summed' up, and in the
course ot his recapitulation uhservetl, that the pri-
soner must be acquitted of the capital Part.'it' the
charge., 'Same the time ache sending for the
constable at did not appear that he had committed
any breach of the peace, nor did it appear that. he
wits breaking the peace at the time alien the con-
stable uttempted to apprehend him. The comm.-
hie, therefore, could not be 'considered 143 acting
under legal process, and 'therefore his 'death, ()co-
' sinned under such circumstances, ‘VII3 only man-
slaughter. Whether the risotto:Was even guilty
to that extent must depend on 14:s state of mind at
the time of the cOminission of the act. A wan
might be iusane uu 4 particular' tittbject, or have
hiss perverted,on one or two poititS,.and yet
be able to .distinguish :right from wrong. If,
however, his mind was altogether so diseased as
to be unable to form a right judgment, and such
was the opinion of Mr: klaviatniand the other
medical gentlemen, with respect to the malady of
the pi isone..., in that ease ,lie. was not amenable to
the criminal jurisdiction of the country. lie then
summed up the evidenciminntely.

The '3ury, after a slant deliberation, returned
a verdiet ot Pat Guilty, on the gromid of the in-
slaty of time prisoner at the thue:of tiring the
The Court ordered the verdict, with the reason
OK it, to be recorded, and said it would make the
usual orderwith respeCtlo the prisoner.