The Sun.
London, England, 1841-04-01 00:00:00

looking at him. The prisoner was apprehended shortly after-
wards, and he then saw some blood on his right hand.
Cross- examined.—The prisoner cried very much after the
man was found to be dead. The deceased had struck him se-
veral vrry violent blows before he used the knife. The priso-
ner had been to a funeral, and he and the deceased were very
much intoxicated. 1,
James Fuller proved that he was present when the affray
took place, and he saw the prisoner go towards the public-
house, and, as he passed him, he said, " I will fetch something
that will do for the —." He came back in about a
minute or so, and he then called out, " Where is the ?
I am ready for him now ; I will do for him." He
immediately renewed his attack upon the deceased,'and some
blows were exchanged between them ; and he saw the prisoner
strike the deceased on his left side, and he' fell upon his se-
cond's knee, and asked him to put his hand to his side .for the
prisoner had stabbed him. The deceased's second put his hand
to his side as he wished, and when he withdrew it, it was
was covered with blood.
Mr. CHAMBERS submitted to the Court that there wras no
proof that the name of the deceased was William Eudgen, as
alleged in the indictment.
'I he witnesses were then re-called, and they stated that they
had heard the deceased caged by the name of Budgen, but not
until alter he was stead, and they knew nothing of him of their
own knowl,dge ; and it appeared very probable that the case
would be slopped, when a witness was called who said i hat while
the fight was going on the deceased was called William Budgen.
CLaft.xsorr said he could not carry the identity any
fat ther.

Mr. CHAMBERS then submitted to the Court that there was
no evidence to go to the Jury in support of the allegation in
the indictment that the name of the deceased was William
Budgen. He submittei that it was absolutely necessary this
should be distinctly ploveil, and there were numerous ca,es in
point, and he might direct the attention of the Court to a
recent case which had excited a great deal of interest, in
which it was distinctly laid down that such proof ought to be
adduced.

Baron PAaxE expressed his opinion that the-e was proof
that the deceased was known by the dame of William Budgen,
which in his opinion was sufficient prima facie evidence for
the Jury that it was his name in the case refers ed to by the
Learned Counsel there was an absence of such proof, and it
was on that ground the acquittal was irected.
Mr. Chambers was then about to ad.lress the Jury, when he
was interrupted by Baron Parke, who said that he did not
think upon the evidence that had been adduced that the pri-
soner ought to be convicted of murder.

Mr. diIANIBERS said that, after this intimation from the
Court, he should refrain from offering any observations to the
Jury, as he must admit, if they were satisfied that the identity
of the deceased had been proved that he could not hope to
avert from the prisoner a conviction for manslaughter.
Baron PARKS then brigfly addressed the Jury, and they
found the prisoner Guilty of Manslaughter.
Thomas Moss, aged twenty-two, was capitally indicted for
shooting at Emma Moss with intent to murder her.
The circumstances out of which this indictment arose were
these :—The prisoner had hcen separated fr,im his wife for
some time, and about five weeks ago, as she was returning
from chapel, he met her, and as she ' was going
into her mother's house, he discharged a pistol in
her face, and wounded her severely. On his being
secured and searched, a loaded pistol and a razor were found
in his pockets, and he told the officer that he intended to have
murdered his wift., and that he should have killed himself
afterwards.

After a lengthened trial, the Jury returned a verdict that
the prisoner was not of sound mind.
The LEAtNED JUDGE said that the effect of this verdict
would be that the prisoner wouLl be taken care of, and in the
event of his mind being restored, he would still be liable to
be tried for the offence. At present it was quite clear that he
was not in a fit state to plead, and after the evidence that had
been adduced, there could be no doubt of his being insane.
The prisoner was then removed from the bar.

OXFORD ClRCUlT—Moirmourm, MARCH 29.
Mr. Baron Gurney and Mr. Justice Coleridge arrived in
this town on Saturday afternoon, and the business of the as-
sizes commenced this morning at ten o'clock, Mr. Baron Gur-
ney presiding in the crown court, and Mr. Justice Coleridge
at nisi prius. The calendar contains the names of nearly 90
prisoners, but with very few exceptions the offences with
which they are charged are of an ordinary charac•er. Thera
were but nice causes for trial, one of which is a special jury,
and six of which have been tried in the course of the day.