The Sun.
London, England, 1823-01-18 00:00:00

OLD BAILEY.

CHARGE OF MURDER.
I'enterday Timothy White was indicted. for the wilful our.
der of Michael Flood, a Chelsea pensioner, by giving him, on
the 4th of October, a mortal bruise or contusion with a stump
arm, of which bruise or contusion Flood died.
W. Murray lived at Old lirentford, on the 6th of October
last. fie had a slight knowledge of Flood, but did not recog.
nice the features of the prisoner. On that morningq, which was
a Sunday, he 'was standing in High-street, BrentfOrd, looking
towards London, when he saw some man come up, and strike
Flood a blow over the left temple, which made him stagger
back. On recovering a little from the blow, Flood was making
towards the curb-stone, when a woman taught the prisoner by
the collar, and turning him round, said, For Goes sake,
will you kill the man ?" or, " Hive you killed the man ?" At
this moment deceased took to his'beels, and made a sort of ran
for it. When the woman collared the prisoner, he appearel to
be about to make up to, and strike the deceased again. Pri-
soner (as witness supposed the than to be) was going up to the
deceased again, when other persons got round than, and wit-
ness could only discern both the men scrambling cei the ground
together; but witness could not say whether the deceased was
knocked down or had been tripped up. Witness saw Flood,
several times afterwards. His face, on the 6th, was much co-
vered with blood, which streamed copiously from the left temple.
Flood himself wept fora constable, and continued to go about
for a week afterwards, when be was 'taken to the Hospital,
where he died.

John Morris Banner deposed, that he is a surgeon of St.
George's Hospital, to which place deceased was brought on
the Pith of October. The witness sviore to his belief that the
wound was the occasion of Flood's death ; but he ado believed
that had he had proper medical assistance at first, he might
have recovered.

John Walker, a butcher, resident at Brentfcrd, deposed to
the same facts aipthe witness -Murray, but was enabled to iden.
tify the prisoner at the bar as the man who. struck old Flood,
and who afterwards pursued the latter About 20 Yaras,iind then
threw him down. liqiiteisiss islet info'custody in a lodging.
house, into which he had fled. Flood carne iruo Witneo's shop

on the same day : his head was dreadfully disfigured, butaez
day he' wan walking about: Next morning, before a Magi
strate, it was proposed to send White to prison, unless.heem*
find bail, which he was unable to do ; and Flood said," Tien
I will make it up with you." Something was then said as a
what prisoner should give the deceased, and prisoner observe(
that he had but 3s. in the world. Thee Magistrate said tilt
would not do, as Flood's expenses already amounted to more
money. It was then agreed that the affair should be bj
the payment of 10s., which sum White's wife went out to et
NVitness left them, aid afterwards saw White at liberty. Be.
' fore the same Magistrate Flood deposed that he never quar.
relied with White, except on account of the latter's saying that
Flood never. paid for his share of drink. Both of them were
Chelsea pensioners.
Anne Woodward, the woman who collared White, after de-
ecribing the encounter, said, she heard no words pass between
the two men before the prisoner struck the deceased. Deceased
struck again, and at the second blow he cried out, " This wan
is going to kill me." ,
%I'm. Watson, a constable, apprehended the pristefer, hit;
saw nothing of the affray. This witness spoke to what fame
before the Magistrate. The commitment was made our" bit
the Magistrate, upon intercession being made, and White%
wife returning with the l Os. ordered him to be disehatieu_n•
The tees of Court were paid, and ss. were given to the de
who was at a public-house smoking his pipe.
....,, ,ii
Thos. Brookes, a Chalsea-pensioner, was present at a paw „
. .• ~ the affray, and spoke to the particulars.
The prisoner, in his defence, said he was in liqufg Ikethi,
fret the deceased, who asked him to go and have somer43
drink. He refused, and deceased said, "he might go to
.:
The prisoner then said " he should not go, because Flood
ed him," and seine words ensued. He admitted that be.'..'
have struck the man ; but he was sorry for it—havill 119 !'.
to injure, and still less any wish to kill, the deceas • ,
Inc LORD CHIEF BARON, ill summing up the ena=
calls d upon the Jury to consider whether the prisoner bad a !
the deceased under the influence of malice prepense' 0147
thought. If so, they must find him guilty of the nturdet‘ lit:,
on the other hand, they believed that this misfortune *We.
denly out of some silly quarrel about paying for drink, r
Imnilusiteefipnrdepheimnseg:idilttyhooufg:liiatlmanigslhatubgehetexrt'ems oaunlyy:slibusth:,hist
at_mi,
fas,:, ..,
ship held, that if the deceased died of a wound int] '
1
and though it might appear that it had become more than_
and exasperated by ill treatment, or that the deceased lwr-
have recovered by timely medical aid and care, yet tits
...-
et ,
so inflicting the wound would not be thereby exPllll,
be in law guilty of the murder.
'I he! Juty found a verdict of Manslaughter.
rCASE OF DUNCAN 3rcuLLum, s •
In the case of Duncan 31'Cullum, an East India btelA
'fort&
who stands charged with forging an East India walnut .
delivery of seven bales of cotton, which had been Old lit,
.thlr.
India-house, and whose trial was put off last Session 0113etIP
‘,L
davit that Mr. Sterling, a principal witness, and the wife Of VIR '
prosecutor, was in France,—
~._...„,,,5,
Mr. WALFORD, on the part of the East India txu'rili
made a fresh application to the Court. He said, that toe.&
case they had all the other witnesses except Mr. Sterlinitsi.
sent, and. they should go before the Grand Jury, with V..
probability of success, m his absence.
The CHIEF BARON.—But is this matter to Allow.l •9ver4
ever ?
*
Mr. Waeronp.— diii.so
That is for your Lordship to
.4,,,
Mr. Sterling is in France. Last term we applied tceitol
Sterling's recognizances estreated. This was postPOT 0.,
the object of the present application Is merely to show Pal tro, East India Company have done every thing in its Poiret 7eitt.
pedite the businese.
SO
The CurEr BARON.—Ay, your object is to avail -.
into the Court of Exchequer.
Mr. WALFORD.—Exactly SO; and to have the mot 04:1:
of the other witnesses respited till Mr. Sterling Atli
corning.
~
...z.
' The COURT.—Let it be v.
.....,1 isiDW'r
Mr. M'Cullum afterwards appeared at the bar, we._ oli,
ted, through his Counsel, that he had, and could bin' 80.
had sworn in his affidavit, no sort of controul overAok.
ling, the witness against him. Mr. Stirling was still_l;l_ 1471,S
and his return being still uncertain, the prisoner P",`”ieot
discharged.
Mr. ADOLPH US bare testimony to the perfect caniturnati-
liberal ity;a ith which the Bast India Coinpi.ny had act.e±„,-- 140-
out the whole of their proceedings against the prterairehiP:
opposiCon was offered by Mr. Bollan.t, should their taill _
think that there was no sufficient security for Mr. 0,,,.
return by any specific time ; and their Lordships, uPnik . ,
suiting together, were of opinion that 31r.11I'Cutlutny"r1.:.,:
titled to be discharged. He was discharged aceordiTr.:,-,ir
"'
r
COAL-MARKET. JAM. 17.
NO
- 413 4011,sti,
Sh2oipissNauetiwlSdtcaearrslktalenetd.
.- :Shipsoi Sold .
....4
04
tp_rialt„
..r.
- - -

COURSE OF EXCHANGE, January 17. t
Arusteidam
Ditto, at Sight l4 9
Rotterdam l3 6
Antwerp
Hanihurgh 37 0
IV ii VVP*
Altona
Paris,3 Day's sig tit
25 65 V •64
Ditto
Bo 95 85 0 itit
w deaux, ditto
All
Frankfort on the N 1 ,tin
el el
. • • r a itirsee
15, '
Madrid •
II
clod
Cadiz
37
3 atit, vi
Biibua
6
37
Barcelona
ieville
354
Gibraltar
Leghur i
Galva 43 --Venice, hat. Lip. lit 50
Malta 45 ---Naplea 34 op
Palermo
Lisbon ,
Oporto
52* ,
Rio•lttutiro
Dahlia* .... 9i Cork 91 pet Cnt

tr
Portugal Gold, in C0in...... l, 0 0 6 P
Foreign Gold, in Barss
New Doubloons
•••• 0 0 C`,
New Doltarg 0 4 91
0 4 11
Sliver In Bars, Standard

BULLION.

BIRTHS.
f '1 44*
In Dorset-street, cn the IGth instant, the Lodi °
Lake, Bart. of a daughter. Pit
At Castlereagh, Ireland, on the 9th instant, theboeS.A.,
Lieutenant Ellis, R. W. Fusilecrs, of a daughter, tiwipalr
On the 2d ins ant, at Edinburgh, the Lady of John
Esq. 6th Dragoon Guards, of a dauAhter.

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