The Sun.
London, England, 1823-04-21 00:00:00

DVIIDENDS.

May 12, G. Bradford, Bristol, broker—May 10, NV. Tate,
Cateaton-street, bookseller—May 7, J. Coates, itarith, Hunt-
ingdonshire, liquor-merchant--May 10, C. Vere, Cloth-fair,
woollendraper—May 10, J. anti R. Cleugh, Leadenhall-street,
wholesale linendrapers—May. 10, J. Still, Brixton, merchant
—May 10, D. Gerrard, Old Cavendish-street, Mary-lebone,
milliner—May 10, T. J. Piccadilly, chinaman—May 10, T.,
J. and J., Philips, Old City-chambers, merchants—May 10,
W. Streets, Aldermanbury, galloon-manufacturer—May ,13,
J. Birch, Birmingham, jeweller—May 10, J. G. La Serre,
New England Coffeehouse, merchant—May 10. T. Shipway,
Tidworth-warren-farm, Hampshire, sheep-dealer—May 10, 1).
Long, Andover, gunmaker—play 13; H. Rinks and S. W.
Woodward, Bankside, Southwark, timber-merchants—Alay 13,
R. N. Rose, Holborn-hill, book-dealer.
CERTIFICATES, MAY 10.
D. Redfom, Ashborne, Derbyshire, grocer—A. J. L. Vieira
&A. M. Braga, Tokenhouse-yard, merchants--J. Scudanaore,
King's Bench-walk, Temple, dealer—R. J. Tratt, King-street,
Bloomsbury, butcher—F. Finer, Drury-lane, grocer-_J. Event),
Pinners'-hall, merchant—A. Knibb, Barnwell, St. Andrew's,
Northamptonshire, miller—J. Troubridge, Shaftesbury, Dor-
setshire, stocking-manufacturer—G. Stock, Ashweek, Somerset-
shire, farmer—J. Greaves, jun. Liverpool, broker—D. John-
son, Nantwich, Cheshire, druggist—ll. Fangoin, Bristol, grocer
—J. Wall, Birmingham, dealer.
R PATNEILSH IPS DISSOLVED.
J. Daniel and T. Ling, Beaminster, Dorset, surgeons—W.
Sayes, sen. and W. Sayes, jun. Leeds, Blacking manufacturers
—J. and W. Martyr, Reingate, tailors—T. Bourne and W.
Carnley, Alford, Lincoln, attorneys—S. Burgess, J. M'Knoe,
and J. Mitchell, Callington Cornwall, tea-dealers—J. Robert-
son, sen. J. Oughterson, iV. Robertson, and D. M'Alpine,
Greenock—Eliza Simpson,. E. Simpson, M. Simpson, and E.
Betty, Beverley, school-mistresses—.C. Jurton and It. Tuckey,
Poole, Dorset—C. Hanlon and S. Picton, Wigmore-street,
silk-mercers—J. Baynes and It. Ireland, jun., Newington, car.
vers and gilders—R. Borradaile, IV. [lorradaile, jun., W. W.
Landoll, E. Morgan, and C. R. Cotton, Salisbury-lane, Ber-
mordsey, coopers—T. Jopling, J. Head, E. Head, and It.
Todd, Coldstream, Scotland, brewers—W. Pursall and 'l'.
Jackson, Birmingham, drapers--G. Usher and J. Newzam,
Durham; merchants—Rt. B. swinfen and C. Redfern; Leices-
ter, chemists—A. It. Garcia and F. Glover, Peckham, school-
masters—W. and J. Isard, Tonbridge, tallow-chandlers.

THE KING, ON THE PROSECUTION or THE SECRETARY
OF WAR, AGAINST JOHN HISHOP ALLEN.
The prisoner was charged in the indictment with having, on
the night of the 25th November, wilfully and maliciously fired
at and wounded William Lane, late a drummer in the 39th
regiment of foot; of which wounds the same William Lane
languished till the 28th of the same month, and then expired.
Mr. Sergeant Vauottas opened the proceedings by address-
ing the Jury, as follows :
Gentlemen of the Jury—lt would be doing injustice to my
feelings were I not to state the regret I experience at having to
perform the painful duty which devolves upon me, in conduct-
ing the prosecution against the prisoner at the bar. The in-
dictment, Gentlemen, imputes the crime of Wilffil and preme-
ditated murder—the penalty for which, I need not inform you,
is the utmost which an earthly Judge can inflict. The prose-
cution is directed by the Right Honourable the Secretary of
War; not from any vindictive motive or feeling, htio
solelyin-
fluenced by that which is imperiously due to the public justice
of the country. On these grounds4t becomes a bounden duty
to inquire, and minutely examine, mai the whole of this most
unfortunate transaction. The laws of England (winch, lam
proud to say, have humanity for their principle and justice for
their end) enact that, when an individual takes away the life of
another, malice must be imputed, and considered as an essen-
tial ingredient, to constitute the crime. Insanity, Gentlemen,
cannot obviate the moral turpitude of crime ; and although a
Jury ought always to incline to mercy, yet a grand distinction
must be made between a temporary and a permanent insanity.
It is your duty,- Gentlemen, to consider well all the circum-
stances of this most distressing case ; and I most solemnly ad-
jure you to keep an open and attentive ear to the evidence which
will be adduced. The Learned Sergeant here recapitulated the
leading circumstances, and then proceeded to state that the pri-
soner at the bar had recently sustained a severe domestic loss
in the death of his mother, and of his brother, which might
affect the prisoner's mind. It would also be attempted to prove,
that insanity was hereditary in his family ; and although the
absolute negation of reason might not have marked the pri-
soner's conduct prior to those calamitous events, yet it becomes
your duty to determine if any latent spark of insanity might
have been elicited by them ; and this will be equally the case,
should such a state of mind hive been brought on from the
effects of intoxication. But if, Gentlemen, you do not think
that the prisoner at the bar laboured under insanity at the mo-
ment of his committing the act, it will then be your duty, how-
ever painful it may be, to convict him of the charge laid in the
indictment.

The Learned Sergeant then proceeded to call the following
witnesses on the part of the Crown :
John Tyersaleposed, that he lives at Thunnaston—was in
the town street on Monday, 35th of November, about 10 o'clock
at night—knows the house where the prisoner lives—was near
unto it—Woffington and Judd were with me—saw William
Lane, the drummer, against Allen's house—was talking with
Lane for about a minute—prisoner put his head out of the win.
dow, and said, " Will you chaps be off." Prisoner was in his
shirt, and had a gun in his hand ; he said, " You chaps be
off, or else I'll fire." I went up the lane. William Lane said,
" I am on my march, on his Majesty's duty,, and hope you
won't shoot me ; I hope you are only jokine ' Prisoner then
fired—the gun was pointed at Lane—saw time flash and heard
the report. Lane tumbled about as if he was shot, and fell on
his hand. I went and took him up, and placed him upon my
left knee; he said, "I am shot, lam shot !" The wound
was in the lower part of the belly. Priltoner said, " I will shoot
again." Drummer said, " I hope you won't." Prisoner said,
" Let you be who the devil you will, I'll shoot again." He did
shoot again, and the drummer received a wound in his arm.
He was sitting on my knee. I then laid him down; prisoner
was then at his chamber window—saw the gun in his hand, and
saw it go off; went for more assistance; and we took Lane into
the public house. He was undressed, and I saw the wounds
in the lower part of his belly. .
Cross-exammed by Mr. DENsraw.—Witness said the gun
was pointed towards Leicester; there is a lane near: It is a
corner house ; was never in the house before the accident hap-
peneci. Judd is a boy. There was not in my company any one
besides Ntralington and Judd. Two young women and a
young man were standing at the corner talking. There might
be others down the lane. .One of the young women said, " GO
look," and then ran down the lane. She was speaking to pri-
soner. The other girl and man went up the lane. The drum-
Mer had the drum at his back;
just tapped it. lie had
been at Twyford statutes, and it was a very bad One : it was
all done in a very short time, as such accidents 'do happen ; it
struck mess being an accident.
Woffenden, deposed that he was in the street when the
drummer was shot, near Mr. Allen's house, in company with
William Judd. Lane had the drum at his back. I said to
hitri—" Well my lad, you have been at 'J'wyford statutes ?"
He replied—" I have, and a bad one it was." I tapped two
or three times upon his drum ; saw
prisoner open the window,
and observed his shirt sleeves. When prisoner fired, I saw
the flash and heard the report the drummer called out—" I
am shot, I am shot 1" I stood
alpinst the corner to get
out of the way of the shot. Tyers picked him up, and
placed him upon his knee. Prisoner said—" Be you who
the devil you will, I'll shoot again." He immediately shot ;
it was from the same window. When the second shot was
fired Tyers dropt the drummer. Then Tyers, with the as-
sistance of more men, picked him up, and carried hint to the
public-house. I went to Mr. Allen's house at four in the
morning; and saw Judd' there ; he is older than me ; he is
about 18 years of age ; lrad been with Judd that evening ; was
with him against Mr. Allen's House for about ten minutes;
saw a a
against the house; were under the win.
dow— ndnerthd womane
caves of the house. Tyers came up and tapped
the drum two or three times.. It is a low house—window near
the street.

Cross-examined.—Deceased was seven or eight yards from
the window.--Tyers was there with Judd and Wotienden be-
fore Lane came up. Did not hear the young women and
man talking; don't know ifJudd now lives at Thurniaston.
31r,Birdsall, surgeon, deposeth, that he is a surgeon, resi-
dent at Syston, two miles distant from Thurmaston; was sent
for to attend the deceased William Lane ; found him at the
public-house; it was about eleven o'clock at night; has no
doubt as to his death being occasioned by the wounds on the
lower part of his belly.
Cross-examined.—Says dip he saw him on Monday night,
as he died on the Monday. following. Does not know any
thing of the circumstances relating to Mr. Allen's family.
David Bates, constable of Thurmaston, deposeth that he is
constable of Thurniaston, his mother rents a house under the
prisoner; has known him from a boy; was called upon and
went to prisoner's house; it wanted a- quarter to twelve; ob-
seryed a great tumult in the street before the house; did not
see the prisoner; it was a moonlight night; went to Mr. Her-
rick's ; received a warrant from him about a.quarter past
to apprehend prisoner, and went to his liaise._ Mr. Ilerrick's
house is three quarters of a mile from it. I placed seve-
ral persons round the house, to prevent prisoner's escape ; it
was a quarter past three when I saw Mr. Allen ; it was at the
window ; he was undressed, and in his shirt ; had a gull in his
hand. The crowd forced me into the middle of the road.
Prisoner said—" I will not be disturbed in this manner ; I'll
shoot." I said, "Mr. Allen, my dear Mr. Allen don'tshoot."
There was no disturbance; but the crowd wanted tQ force the
door. I said, "I am come here in the King's name to pre-
serve the peace; will you let me in, I want to see you." lie
replied, " David, I will, but no one else, -by God. lie then
shut the window, and in a few minutes came down stairs, and
ordered the servant to open the door; some one came
and half opened it. ' I observed the maid holding it. I
was then let in ; -the door was put to again and fastened :
no one but myself was admitted. I thought it better not.
Mr. Allen was standing in the passaze; he was dressed
his gun was presented. I stepped aside to avoid it; 1
bad a pistol in my hand and followed prisoner into the
kitchen, there was a fire there and Mr. Allen sat bins down
by it. Witness said, " Mr. Allen, this is an extreme unplea-
sant business, .1 never thought I should 'have to takeltiti) ens.
tod_y so good a master ;" I clapped my hand on
.his shoulder,
anti said " Yen are my prisoner—l have a warrant from Mr.
Herrick, and
.youf situation I am very sorry ter ; he replied,
" ,arrender.--', I sat down and said, " Will you allow me to
take that gun from you ?" he said, " Do as you like with it."
I took it and set It down, desiring the servant to let six
or e• I tig
people into the house.

Cross. examine 44 Mr. filo u Luaus-4 have said that when
he shot that man he knew not what he did any more than a
child ; I alwayS thought so, and do .so 'now. I think he was
then intoxicated, as well as diatreased in mind ; and .1 think
Mr. Allen is the last man in the world that would take away
the life of a fellow creature ; he is very humane. Bemetnbers
seeing Mr. Bellamy at Syston ; I was used there in a very un-
fair manner; the whole company were cross-examining tae.--I

knew prisoner's brother well ; they were much attached to
each other, and much together; there was two or three years
difference in their age. His mother was expected to die at the
time of his brother's death; he was a very affectionate son.
After the death of his brother he appeared to be much cast
down ; he was a very different man. His brother dropt down
and died in the held; prisoner was then attending his mother.
Did not see him when the accident happened, but from the ge-
neral knowledge I haveof prisoner's character, I think he did
Rot know what he was doing.
Serjeant John Jennings deposed, that he is a serjeant in the
87th foot. Wm. Lane was a drummer in ourzegiment.
heard of his death, and went to Thurmaston about half-past
two in the morning of the 25th of November last ; went to the
prisoner's house ; he was handcuffed ; Mr. Sitnpkin was there.
I inquired where the prisoner was ; he said, " Here I am—it
was I who committed the deed, and I ant sorry for it." One
of my men was standing with a gun in his hand ; I asked if
that was it with which he shot the man ? prisoner said " No,
it was a double barrelled (,run." On my desiring the man to
draw the ramrod to see it it was chareeid, prisoner said there
was no occasion ; which proved to be tile case. I went to the
public-house to see the drummer; on my return Mr.'Allen was
sitting in his arm-chair, smoaking pipe ;he desired me to
be seated ; he inquired how many campaigns I had seen, what
action I had been in ? he said " he loved a soldier; I always
liked the army, and should have been in it, but for my mo-
ther, who prevented me." He said, "I am sorry for what I
have done ; that poor unfortunate man, who I never saw in my
life, nor ever had an angry word with ; to think that he should
fall by my hands."
Here the case for the crown closed. The prisoner then re-
quested for permission to withdraw for a few minutes, which
was-granted. He then retired from the bar, accompanied by
-his professional advisers, and, after a short absence, returned
into Court. Upon his return, be was asked by the Judge what
he had to say in his defence. Ile drew a written paper front his
pocket and requested it might be read, which was accordingly
'done by the clerk.
In this paper the prisoner stated, that only a few days before
the fatal act was committed, he had sustained a severe mental
shock. His only brother, to whom he was fondly attached, the
companion of his childhood, and the inseparable associate of
his matures years, dropped down slead without any previous
illness, on the 10th of November. The day next but one after-
wards, his indulgent and kind-hearted mother, who had ever
shewn to him the most affectionate consideration, and with
whom he had constantly resided, expired also after a short ill.
nets. Front the bed where he lay he heard her dying groans,
and heard them treated from without with derision and vulgar
ridicule by the giddy clamours of thoughtless annoyance. He
saw that insulted mother in her last moments • he saw her
when the pangs of her agony had subsided ; and fte found him-
self, in a few fleeting hours, deprived of the guide of his
yOuth, the brother of his heart, and suddenly become the re-
sponsible adviser of the afflicted widow of IN dear relative,
and the only party to whom the helpless infants of that relative
could look for protection. Under these accumulated sufferings
his mind gave way, and at a moment when the memory of his
dear brother was insulted, when his nerves were distracted be-
yond endurance,he committed the fatal act without knowing what
he did. The functions of his mind had ceased to operate, and
wild frenzy reigned triumphant. Though his hands were
steeped in innocent blood, his heart acquitted 'hint of any mur.
derous intention; impelled by the furor of a predisposition he
could not controul, and perfectly unconscious of Ins acts, be
consigned to an untimely grave an unoffentling -and valuable
fellow-subject. He was above the miserable hypocrisy of af.
fleeting for any purpose a derangement which did not exist.—
During his imprisonment his mind had become tranquil, and
reason had resumed her sway, Conscousness, with all her
• dreadful attendants, had returned—a return, in his case, more
to be dreaded than courted. The paper concluded with a solemn
protestation on behalf of the prisoner of any murderous inten-
-1 tion, and with leavisag his case in the hands of his country.
1 Mr. Needham deposed, that he is a surgeon, has attended
the prisoner (Mr. Allen,) and his family for ten years, and has
had op.portunties of observing that prisoner's disposition is kind,
tender, and humane; knew his mother and'brother, they were
most affectionately attached to each other. The brother died on
the 10th, and the mother on the 12th of November last ; saw
prisoner between the 12th and 25th of that month, it was about
five days after his mother's death, at his brother's widow's
house; the father of the widow was then ill in the house ; saw
prisoner then, he so expressed himself concerning the death of
his brother, that it appeared to me the prisoner was very un
sound in mind . he said, " death was a very little-thing." I
I said to him, " you must not give way to these thoughts; con.
sider what a situation your brother's widow and her children
are left in ;" he shook My hand and said, " I must live now ;"
and I thought his mind appeared calmer. This was five or six
days after his brother's death.—When I saw hint again at his
brother's, he was leaning over the field-gate, talking to himself
and waving his hand to and fro; I stepped forward, and said,
" Mr. Allen, what are you talking about ? his appearance was
very wild ; he said " he was looking at some men loading
kids ;" they were three fields off, and he could not see them.—,
I:thought it very strange; he was without his hat; I took hint
into the house, and desired him to be pacified.—l met hint af.
terwards in the market, three days after that; he seemed to
wish to avoid me ; althOugh I was at some distance, his appear..
ance was wild and remarkable; lie said " I cannot eat ;I have
not eat any thing for several days."
Croas-ex.amined—ily -my desire he had abstained from all
kinds of spirits. I advised him to take a little ale or wine in..
stead. Ile so expressed himself after his brother's death, that
in my
,mind he was mesli,tating self-destruction. I thought
bins then in a desponding state, and feared he might make away
with himself. I recommended a change of scene, I thought it
might be of service ; have remonstrated with him on the im.
moderate use of spirits.
Wm. Reynolds deposed that be is 74 years of age, and a
framework knitter, at Thurmaston, has known Mr. Allen and
his family intimately for a long series of years, he also deposed
to several public anti well authenticated instances of insanity,
both on the male and female sides of Mr. Affen's family, that
there ceultl.not be a more kind, humane, or loyal person than
the prisoner at the bar. • That the prisoner was always attached
to his King:, Church, and the Constitution of his Country,- and
always rejoiced when the Allied Armies gained a victory.
Elizabeth Chambers deposed that she has known the Allen
family for 35 years, and prisoner from his birth, and that his
character is uniformly kind and humane. This witness also de-
posedto the insanity of the prisoner's father's sister.
Wm. Berry carpenter, deposed, that he made the coffin for
prisoner's brother • he also desired him to take measure td-' his
mother, too, though she was still living. When he attempted
to screw down the coffin-lid, prisoner conducted himself very
strangely ; he rolled himself upon it, and declared he would
lay upon it all night.
It was here intimated that no more witnesses would be
called, and his Lordship proceeded to charge. the Jury as
Wows :

Gentlemen of the Jury—The prisoner at the bar stands in-
dieted for the wilful murder of William Lane; and we ha-e
been earnestly engaged for many hours, in investigating this
most important subject. It is important to the best interests
of society, and important to the prisoner, inasmuch as his-life
depends upon the verdict that you will return.
The Laws of England, gentlemen, under which we have the
happiness to live, and which alike affbrd protection to the poor
as well as the rich; are so provident of the life of the subject,
that to constitute the crime of murder, they require malice
aforethought to be shewn against the individual destroyed.
But if the act be committed against mankind in general, as in
the instance of discharging a loaded gun in the street, amongst
a number of unarmed people, they then imply malice against
the individual, although the perpetrator showed contrition'
for the act. In this case the prisoner at the bar fired
into the public street. There was no diaturbance,._no
act of egression on the part of the poor man, who has fallen a
victim ; ,and unless insanity is admitted to be the excuse, no-
thing can extenuate the crime. It is admitted by the prisoner
Himself, that Lane's death was oceasoned by the event. The
evidence you have heard in Court this day, gentlemen, has been
gtven fairly ; and I must be allowed to say, the case has been
conducted equally honourable on both sides, and a most coin-
plete elucidation of circumstance given.
As doubts may have been entertained respecting the re.
fufal of the Magistrate (Mr. Herrick), who committiel the pri-
soner, as to the taking of bail (as the man was not then dead),
I think it important to state, that the conduct of that gentle-
man on the occasion was perfectly proper and correct. A Ma-
gistrate, in such a case, has no right to take bail.
From the evidence .given, gentlemen, you ore to form a
judgment of the state of the prisoner's mind at the tune the
offence was committed. If you are of opinion that'he was in-
sane, and that a-sudden derangement had come on at that mo-
ment—he is not accountable for his actions: of this it is your
province to decide. Ills getting out of bed, and tiring without

The prisoner himself does not attempt to set up a plea of
general insanity; and if, at the time the act was committed, the
delusion operated upon his mind,it would he the same as if it
was continued his whole life. The mind will sometimesregain
its elasticity and tone instantaneously, and vice versa.
The defence put in by the prisoner contains a-great deal of
good sqtse; it states that, at the titne, his mind was in a corn-
prke state of oblivion. " 3ly mind," lie says, was agitated
beyond the control of reason for several days before the com.
mission of the: fatal act, for which I now appear as a criminal
at this bar."

These, gentlemen, are facts of the case, which yott have
heard given in testimony this day; and the question for your
consideration is, whether, at the moment of the prisoner's firing
the gun, he was, or was not, in a sane state of mind ? For my
own part I incline to think he was not. It is you who are
to judge, from the concurring circumstances ; for no mortal
eye saw him. It is probable—nay, it is more than probable—
nay it is certain, that there was at the time a total eclspse of
the mind. If this should be your opinion, you will find your
verdict accordingly ; if it should be otherwise, however painful
to your feelings, you are bound by the most solemn obligati&
to say so.
The Jury, having retired for a short time, returned into
Court, finding the prisoner—Gullty of the Murder, being in a
state ff insanity at the time of committing it.
His Lordship ordered the prisoner to be retained in custody
untill his Majesty's pleasure is known.
We understand that upwards of GO witnesses were in 44cnth-
ance on behalf of the prisoner.
prop' We have been obliged to abridge the evidence, but it is
er to add, that alt of the witnesses concurred in represent.,
mg the prisoner as a benevolent and amiable man, and the me-
dical Gentleman equally concurred in opinion that he was
insane.

GALVANIC PAPERIIIIgNTS
On tie Body of FALLows, Executed at Chester for the Murcia?'
of BEvr Y SHAWCItOO3.

After hanging about an hour and a quarter,
the body having been cut down and reamed into the interior
of the prison, it was, after dissection, determined to subject
it to the influence or the galvanic power. The countenance
appeared. almost natural—rather fuller than during life
this circumstance giving to the face a handsomer and more
placid appearance than the criminal bore at the trial.—
There was no hardness or discolouration, excepting round
the neck, from the presssure of the cord. There were pre-
sent, Doctor Pigot and Doctor Jones, of the Infirmary,
with several other Medical Gentlemen and their pupils.—
A voltaic batterN consisting of nearly one Ifiindred and fifty
pairs of plates, was procured. Dr. Jones proceeded to lay bare
the different nerves on which it was intended to operate. In
the first e'xperhnent an attempt was made to restore the action.
of the respiratory function, according to the suggestion of Dr.
Ure, the professor at Glasgow. For this purpose. Dr. Jonet
laid bare, and brought into view the phrenic nerve, as it runs
down under the muscles, about the middle part of the side of
the neck. Another incision was made at the under edge of the
seventh rib for the purpose of getting ingress to the diaphragm;
the chief of the muscular powers by which the phenomena of the
breathing process are affected ; the phrenic nerve above-men-
tioned being the chief agent by which the necessary nervous in..
thience is furnished to those powers. One of the poles of this
battery was placed in contact with the phrenic nerve, the other
in contact with the diaphragm through the incision under the
rib —a " slight butunequivocal respiratory movement followed."
This movement was several times repeated. In the subsequent
experiments the muscles of the arm and leg performed their na.,
tural movements to an extent commensurate with the power of
the battery, in a manner that excited the wonder of the unin-
structed bye-standers. The muscles of the face were made to
contract with much effect, particularly those of the eyes and
mouth giving rise to a variety of painful expressions. An ob.
jectioM was made to the removal of a piece of bone in the back
of the neck, by which the spinal' marrow would have been
brought into view, and exposed to contact with one pole of the
battery, or, in Dr. Jones's opinion, effects almost equal to those
produced by Dr. iJre, on the body
,of Clydesdale, at Glasgow,
might have been expected.