The Sun.
London, England, 1841-02-16 00:00:00

knowledge of the prisoner at the bar, your
ilrdships Will see that it is not evidence against
01' .It has appeared that he knew nothing
about ithat he never saw the card, and there-
fore I submit to
.your Lordships, that it ought
4t Earl to be given in evidence against the Noble

sTie ,ITTORNEY-GENER A L—The witness cannot
tel whether it was the gentleman himself or the
Person who accompanied him that gave the
card; but it was given by either of them. But
supposing that it did contain the real address of
Captain 'Puckett, and that was No. 13, Hamilton-
Plate, and thereupon the witness going to that
Hamilton-
place, sees the wounded gentleman, would not
tuat, my Lords, be admissible evidence,
this trial ?—lt is entirely for your Lordships
BaY—iadeed, the only question is, whether it
admissible or not. It appears that the card
"al given in the presence of the Earl of Cardi-
Fall. Then I submit to your Lordships it ought
to he given in evidence.
A PEER—Do you mean to contend that be-
cause it was given to him in the presence of the
„star,' of Cardigan, the prisoner at the bar, that
mikes it evidence?
f The ATTORNEY-GENERAL—By no means ; far
ar°lll it. But this card is to be considered merely
she address of the person who gave it.
_t
ir
W. FOLLETT—But you are stating the con-
tents of it? •
tl The ATTORNEY-GENERAL—No, I abstain from
plait But when a person wishes a person to call
eis house, and gives a card such as this is, it
dustbe Presumcd that it contains his address,
sta.tin.g his name and place of abode, I sub-
would be admissible as such, and not
of it would
thground of its being given in the presence
e Noble Prisoner.
d ~
W.
m
FOLLETT—The ordinary rules of evi-
eaace are
is not usual te
inn same i civil and criminal cases
either to press matters of
e.,!`-`cece of which there is a doubt that they
'4
Tiiis prosecution is. conducted in the
441 mode, and the Attorney-General now
toe the to submit in evidence what is contrary
tinitac ordinary rule, and he is asking to prove an
rejaPtertle ant fact by an apparent admission
u
Noble Earl was aware ofwhat was writ-
ten on the card. I ask whether that should be
remitted in-evidence against the prisoner. Your
wr4sltiPs must see that this is an important fact,
it letl!er your Lordships are prepared to say
witi°l-1d be proved upon the statement of a person
not ° `lid not know who gave the card. It does
appear that the Earl of Cardigan ever saw or
the ew what was writtedon the card. I submit,
deuceretbre, that it should not be brought in evi-
against the Noble Lord.
thi, I" Loßn HIGH STEWARD—TiIe decision upon
dep-Ouestion, if we are called upon ultimately to
s-",e upon it, can be postponed.
Arreuastlan Byron Dann, examined by the
u°llsAY-GENErtAL.
et/w old are you? Fourteen years last
ugust.
iks'lt re You the son of Thomas Dann, the
/es, witness, the miller of Wimbledon .

ho()11 iii the 12th of September last were you at
In Your father's house I—Yes.
IttlythtL.ue afternoon of that day, did you observe
IN, lug that attracted your notice ?—Yes. I
Chai Standing at the mill door and saw a post-
b.sde on the. road.
'cl4`). You observe that post-chaise I—Yes.
li o„ e,rel---On the road.—(Laughter.)
far from your father's mill I—Nearly half
here did the post-chaise go to I—lt stood still.
-Now did you see any one in the post-chaise ?
Yes, vot at that time.
4 You afterwards see another post-chaise ?

14-
)1,-?,w far were you from it?—Near a quarter of
thais You see any person come from the post-
e ?—No • ,
Iterp's You see any person near Al—Yes ; there
the 'lvo persons about a hundred yards from
11,1)0st-chaise.
ttbovuth.at were they doing I—They were walking
sec thouY see them do anything there ?—I could
*hat iattlhey did something, but did not know
the Stage of the mill.
tee on the stage of the mill, what did you
saw gentlemen walking about.
many were there ?—Five, Sir.
two "iw Were they arranged ?—Two in one place,
Ctir,fl, another, and one at the corner of Mr.
What garden.
w4lat did they dol—They separated.
10 separated ?—The two.
Th—eitr they
3' walk separated, where did they go 1—
tl4, ed about a little while, and then the
Isarttes came and met.
at was then done ?—They walked about a
-w.‘e or so, and then knelt down together.
what then—were they near each other
Nv.;Kneelingl—Close together.
tote ht
did those two who were kneeling close
114„tht er?—They got up in about, two or three
-`es and stood back to back, and then walked
Wit: six paces from each other.
(44;4'1 Was then done ?—They beckoned to the
'wo gentlemen.
took "hat thelll—The other gentlemen ca me and
tint..e Pistols, and fired.
I di(f ,Y°ll know the gentleman who fired I—l
not know them at the time.
bar way say whether the Noble Lord at the
I)o'4' one of them ?—Ye's, Sir.
tsh,Yobean wil know who the other was ?
• FOLLETT objected to this question
; it was then withdra7n.l,
vowsvowsthunnation resumed—Having fired, what
Pistol done I—The seconds gave them other
s;
A -
should oble Lord
ear his
suggested that the witness
be placed on a chair, as they could not
The answers distinctly.
most
4)0,4 4TTORNEY-GENERAL said he was
ble )118 to make the answers of the witness au d. 1-
AwiPout repeating them.
Pike ed`lair was then procured, and the witness
Yoe On it, when the examination proceeded.
tol )-11 said the seconds gave them another pis-
of them I—Yes, Sir..
yards near were you at the time I—About 100
wh' heroin them.
4orie ~en they got the other pistols, what was
fi--The seconds came away from them, and
hat you do then 1-1 went up to them.
• glrl, -154 Y his Lordship (pointing to Lord Cardi-
themw,4°...vas in front of the witness) was one of
Did Yes.
his observe anything in his Lordship's
wis not then.
%el:at did you observe I—My father was there
Ye,
tleol ‘, but tell me what you saw ?—I saw a gen-
eal„l'kand the doctor examining the wound.
You 'e one of the gentlemen who fired ?—Yes.
"004,osaY you saw the doctor examining the
Sir.
ueciL:Vn see whether the gentleman was woun-
CS
ttow •
law as
`Lid you know that he was wounded ?—I
Iv le blood.
wts there much blood ?—Yes, a great deal.
er
t°l) ofebije (lid you see him wounded ?•--Just at the
yo ..
fath .A hibefp.
-.e then came up ?—He was there
IVIIn t'
h"litef ‘ was then done ?—They walked up to our
TO
Di mill ?—Yes.
W.41,114:1i°t.t.41 go along with them ?—Yes, Sir.'
yard at be:alvmheileo.t them I—They walked in.our
t\‘`',"ot how long ?—About a quarter of an hour
AqiitY minutes.
his do't did they do then I—The gentleman and
tiolse.tor went into 'the house.
es Ong did they remain there I—About five
AA'es
00;:obfattil became of them then I—They got into
, Whc, "e post-chaises.
Retitle got into the post-chaise I—The wounded
gentielltan and the doctor, and one of the other
Whiten' and then they drove off.
Wen tlett,„ me of Lord Cardigan and the other
to the ilex
°Ms
ty- fhataliiseer. walked with them over
Th-n°beea
• s cross, You lost sight of them?—Yes, Sir.
You .v.exitillined by Mr. WRANGHAM—Haire
Yes been examined on this subject before
sefOrll_,,ore the Magistrates?—No, Sir.
e the Grand Jury?-.-Yes.
ti uo told
lad a s YOU to go before the Grand Jury?—
' sup you
ii.a4 gave you the subpoena Busain.
Y 94 w You been examined by any one before
' sir ere examined by the Grand Jury I—No,
Tieo.ll‘. have not told any one ?—No, Sir.
'youe,LYou since told it to any one ?—No, Sir.
Went tolltve not told it to any one since ?—I
I thouthe
so. Did you tell it to any one
tie._ es.
Yout3u go with your father I—Yes.
yr_ ,Tere
examined by Mr. Vizard ? Yes.
4bi #lle "4:4-r Y when you first saw them you were at
2'N-vtts
...?f the mill ?—Yes.
father there ?—No.
44. went uPon the stage of the

Was your father there ?—Yes, Sir.
How far was it from the door of the mill to the
place where you saw those gentleman ?—About
220 yards.
About 100 yards from the post-chaises ?—No,
Sir, about half a mile.
I understood you to say that the spot
where the gentlemen were when you first saw
them was one hundred yards from the post-
chaises ?—When I first saw the gentlemen—(a
pause)—then they walked about.
Was that about one hundred yards distant
from the post chaises ?—Yes, Sir.
.Were the post-chaises together?—No, Sir.
How came you to say the gentlemen were 100
yards from the post-chaises?—They were about
100 yards when I first saw them.

And the chaises were not together?—No.
How far were the chaises from each other?—
About a quarter of a mile.
Now I want you to explain how it was that the
gentlemen were only 100 yards distant from the
chaises, when you say the chaises were a quar-
ter of a mile from each other I—The parties
were not together. There were two parties, and
two in each party.
Then do you mean to say that the two gentle-
men were 100 yards from one of the post-chaises
and the other two 100 yards from the other post-
chaisel—Yes, Sir.
And the chaises were 100 yards apart ?
Yes Sir.
Were the two gentlemen whom you afterwards
saw kneel down the parties who came out of one
of the post-chaises ?—No, Sir, one of each party
went and knelt down.

Did you not tell me just now that the two gen-
tlemen who knelt down were a quarter of a mile
from one of the post-chaises
,?—No, Sir.
[The shorthand-writer's notes were here re-
ferred to.]
Mr. WA DDINGTON-7HC said that one of each
party knelt down.
Explain to their Lordships what you mean ?
I mean the two gentlemen were 100 yards from
ear+ of the post-chaises ; two of them came and.
met, and walked about together, and then they
knelt down.
At the time when the two gentlemen knelt
down together, how far were you from them?—
About ,`2l) yards.
Could you clearly discern who the parties were
who knelt down ?—No, Sir.
Could you distinguish who the parties wen
who did not kneel down ?—No, Sir.

Could you tell if Lord Cardigan was one of
the parties who knelt down ?—He did not kneel
down.
How could you tell that?—l could see who
they were.
I understood you to say that at that distance
you could not distinguish who the parties were
who knelt down ?—I could see who they were.
I thought you said you could not distinguish
them at the distance of 220 paces ?—I could dis-
tinguish the other two.
How long did you remain on the stage of the
mill ?—Not a minute.
Were you there when the firing took place?—No.
Where were you then ?—When the last ,firing
took place I was half-way to the gate.
Where were you when the first firing took
place ?—Upon the stage of the mill when the first
firing took place.
Was your father on the stage at that time ?
No, Sir.
When did he come upon the stage ?—He was
not up at that time. He came up a moment after.
Did you see your father get up ?—No, Sir.
Did you see where your father was when the
two firings took place ?—He was at the gate, but
I did not see him.

You could not see him ?—No, Sir.
Then you remained on the stage about a mi-
nute after the first shot was fired ?—Yes, Sir.

Were there one or two shots fired2—l heard
one report.
And the same at the second fire ?=-Yes.

Did you follow your father to the ground ?—:
Yes, he was there when I got up.
You saw a gentleman wounded ?—Yes, Sir.
What makes you say you saw a gentleman
wounded ?—I saw his blood.
Was he on the ground when you saw the blood
you talk of ?—Yes.
You mean standing on the ground ?—Yes,
standing.
You did not see him afterwards at the mill?—
I saw him get out of his carriage.
You have never seen him since ?—No.

NO; before ?—No, except on that occasion.
All you know is then, that you saw a gentle-
man wounded—that you do not know that you
eversaw before and have never seen again?—Yes.
Then why do you speak of the wounded gen-
tleman as Captain Tuckett?—My father told
me so.

That is not evidence. Of yourself you know
nothing except what your father told you ?
Re-examined by the ATTORNEY-GENERAL.
Were you on the stage of the mill when you
first observed the carriages ?—No.
Where were you then ?—At the mill door.
And then you got up upon the stage ?—Yes.
How far were the parties from each other ?
About 100 yards each.
Were they two and two?—Yes.
How far was one couple from the other ?
About 150 yards.
Did you see each party go towards the other ?
—Yes.

One of each of the parties knelt down ?—Yes.
Did you see this from the stage of the mill ?
Yes.

What interval was there between the first and
second shots ?—Not about more than a minute.
How far was it from the mill that the two shots
were fired ?-100 yards, or a little more.
Did you go up to the place where the gentle-
men were standing ?—Yes.
Did the wounded gentleman hold anything in
his hand ?—No.

Had Lord Cardigan anything in his hand?—
No, not at that time.
How far was Lord. Cardigan from the wounded
gentleman ?—About a• dozen yards.
By Lord AUDLEY—Don't people sometimes
come upon the Common to shoot small birds ?
Yes.

How can you tell that the reports you heard
were not caused by persons so engaged ?—Be-
cause I saw the smoke come from the pistols that
the gentlemen held in their hands.
The witness then withdrew.
Sarah Dann was then called in, and examined
by Mr. WADDINGDON.
Are you the wife of Mr. Dann, the miller of
Wimbleton ?—I am.
Were you at your husband's mill on the after-
noon of Saturday, the 12th of September last 1-7
I was.
Did your husband give you directions to watch
any persons at that time ?—He did.
In consequence of what he said to you, where
did you go ?—On the stage of the mill.
Tell me what you saw when you went
on . the stage of the mill by his direc-
tions?—l saw two gentlemen kneeling on
the Common? in the direction of the gate.
At what distance were you from the gate ?
About 220 yards.
Where were the two other gentlemen ?—One
on the left and the other on the right of the first
two. - -

Did you see a fifth gentleman ?—I did.
Where was he standing?—On the Common,
little distance from the others.

What did the first two gentlemen do after you
saw them kneeling ?—I saw them knocking or
hammering something into two pistols, each of
them into one.
Was that while they were kneeling on the
ground?—Yes, it was.
What did their do afterwards ?—I saw them
apparently holding the pistols up together.
Was each holding up one pistol ?—After this
they apparently held up the pistols.
What did they do ?—They stood upright.
What did they do when they got up ?—They
walked a few paces from each other in different
directions.
Back to back ?—Yes.
How far ?—Each about five or six paces.
What did they do when they stopped ?—Each
beckoned to another gentleman standing at a
distance.

TO BE CONTINUED IN OUR
SECOND EDITION.

ON A LATE IMMERSION. - (Froth the
Atherucum) :
Long life and hard frosts to the fortunate Prince I
And for many a skating may Providence spare him I
For, surely, his accident served to evince
That the Queen dearly loved, tho' the ice couldn't bear him t
His Majesty the King of the Belgians will close
his visit to the Queen on Thursday sr Friday next, when
his Majesty leaves Buckingham Palace for Dover, from
whence the illustrious visitor will be conveyed in one of the
Government packets to Ostend en route to Brussels.
The Adelphi Theatre was visited last night by
the Duke and Duchess of Cleveland. his Royal Highness.
Prince George of Cambridge, the Earls Chesterfield
and March, Lords Ward and Seabam, the Marquis of
Headfort. Lords Bective, Gardiner, Seymour, to witness
the new Ballet Burletta.

POST-OFFICE ROBBERIES.—A correspondent
of a Bristol Paper says—" I have a new charge to bring
against that omnivorous animal, the Post-office. Within
the space of three months it has devoured and digested two
very dissimilar articles belonging to me, namely, a pair of
embroidered silk braces and a sovereign. Can the hymns
do more?"