The Sun.
London, England, 1823-12-15 00:00:00

COURT Or KENO'S BENCH, Dim 13.

1101MITS V. UEIMAN.
This was an action for slander, affecting the plaintiff in the
way of his business as a tailor, by charging him with dishonesty,
anti thereby causing► him to lose some of his customers.
Mr. PLATT, for the plaintiff, said the injury complained of
was of a very serious nature, but as the object of his client was
not toxecoyer damages, but to vindicate his character, he would
consent to withdraw a juror, on the defendant'm offering an
apology, and consenting to pay the costs of the action.
Mr. CHITTY, for the defendant, at first objected to the stipu.
lation fur an apology, but ultimately said that, in the absence of
Otis client he would take upon himself to admit that the words
complained of were used in anger on sane dispute about money,
and that the•defentituit was sorry he had uttered them. He
would also agree to pay the costs of the proceeding.
On these terms, a juror was withdrawn.

SCRIVNOR MONTGOMERY, BART
Thu was an action by a fashionable milliner. against Sir
Henry Cunningham Montgomery, to recover 18/, the amount
of A bill for articles delivered at his house for the members of
his family.
The delivery of the articles and a promise to pay for them
were proved.
31r. CuRWOOD observed, that 31. of the demand was for ar-
ticles furnished for Miss Montgomery, to whom a bill had been
delivered including them.
The Lout) CHI SIF JUSTICE said it was no uncommon prae-
tice to deliver hills' to minors resident with their father; yet if
these hills were for necessaries, and the minors did not pay, the
father was
The Jury found a verdict for the plaintiff—Damages 18/.

STAERXX V. HENNXTT.
This was an action brought by a native of Russia to recover
691., the price of a mare sold to him by the defendant on the
ground that the mare, having been warranted sound, proved
unsound, and died in about six weeks after the purchase.
It was proved that, after the delivery of the mare, Mr. Stueben
discovered that she was afflicted with a apavin, and that a month
afterwartia she died, though not, according to the evidence, of
that disease. There was no proof of express warranty of sound.
!less, but thedefendant admitted that he had engaged the mare
should be docile Under double harness."
The LORD ClilkT JUSTICE said, that as there was no
proof' of a warranty, the only ground on which the plaintiff' could recover was the fraudulent concealment of some secret
blemish ; but the spavin was palpably open to observation of
both parties ; and . therefore the plaintiff could not complain lof the bar& which he had voluntarily made.
Mr. Cll#wpon observed, that the plaintiff' was a foreigner,
mid nut conversant with the technicalities of the English lan-
guage
The Loup Cum.' Junict replied;k that this could make
no differer Ce, as he might have had the assistance of others to
guide his judgment; nor was it the question in the cause.
The COAIMOX SVILMANT, who led for the plaintiff, then
submitted to: u nonsuit.

Art. 3. The effects contained in the first class proceeding
from colonies in national bottoms, shall pay 15 per cent. on int.
pertation, and it' they proceed from Europe or the United
States, shall pay 7l per cent.
Art. 4. The same effects impoited in foreign bottoms pro,
ceeding from the colmaies, shell pay 211 cent., anti from Europe
or the United States, 15 per cent.
Art. 6. The effects contained in the second class imported in
national bottoms proceeding from the colonies shall pay 176 per
cent., and from Europe or the United States, 10 o.r cent.
Art. C. The same effects imported in tereign bottoms pro.
credit-it( from the coloniei, shaft pay 2.?.4, per cent., and from
Europe or the United States, /7i per-
.cent.'
Art. 7. The effects contained in the third class, imported in
national bottoms proceeding from the colonies, shall pay 20 per
cent., and from Europe or the United States, 12i per cent.
Art. 8. The same effects imported in foreign bottoms from
the colonies shall pay 25 per cent., and from Europe or the
United States, 20 per cent.
Art. 9. The goods contained in the 4th class, imported in na-
tional bottoms from the colonies, shall pay 22i per cent., arid
from Europe or the United Stntes, 15 per cent.
Art. 10.- The same effects, in foreign bottoms, proceeding; from the colonies, 27i per cent., and from Europe or the
United States, 22, per cent.
Art. 11. The goods contained in the sth class, imported in
.national bottoms, proceeding from: colonies, shall pay 25 per
ceat., and front Europe or the United States, 17i per cent.
Art. 12. The same goods imported in foreign bottoms, pro-
ceeding from the colonies, shall pay 30 pereent., and from,
Europe or the United States, 28 per cent.
Art. 13. The other kinds of goods and merchandise not
comprised in the classes above expressed, shall pay 25 per cent.
on importation, if the importation be in national bottoms and
from Colonies; if from Europe or the United States in the
same national bottoms, 173 per cent.
Art. 14. All kinds of merchandise and goods in general,
which are not comprehended in the classes particularly ex. pressed, shall pay 30 per, cent. on importation, if in foreign
bottoms proceeding from the Colouies ; if from Europe or the
United States, in the same foreign vessels, they shall pay 26

per cent.

Art. 15. Merchandite and goods, of whatever quality or class,
that are the natural fruits of the .Aaiatic nations, and the
European Eatabliaiments in Asia, which are not dependant
on the Spanish Govemment, shall pay 12 per cent., if they
come in national vessels proceeding from those countriss, arid
20 per cent. when they do not come from Asia direct. If they
come in foreign vessels- proceeding directly front Aaia, they
shell pay 20 per cent. ; and if not proceeding directly front
Asia, shall pay 25 per cent.
Art. HI. The merchandise and roods the produee of the
American Continent heretofore dependant on ihe Spanish (4e.
vernment, which proceed directly from the -independent nation,
of this continent, imported in national or toreign vessels, shali
enjoy the abatement of duty, respectively grained to those which
proceed from Europe or the United States ; but the inerchan-
dise and' goods in general which are not, the produce of this
country, if they are Imported in national or foreign vessels pro-
ceeding from this same American Continent, are subject to the
payment or duties which are respectively payable on goods
proceeding from Colonies; unless there be pertieulat treaties of
commerce which stipulate otherwise, as well with respect to
theme titates as to the other independent nations of the earth.
Art. 17. The specified dutiili on iniportation shall be paid on
the value established in the tariff approved at Carthacena
22d April, 1817, and the posterior euppliments, until correa-
ponding reforms be made in this particular.
Art. ,10. This law shall not 'levet:o'm till the let January of
the year 1824.
Art. 19. When that time is arrived, thelaw of the 25th Sep-
tember, of the year 11, is revoked find void, as well us the de-
cree of the Govestnnent of .March 13, 1022, which orders the
continuation, are it stood under the Spanish Government, of the
monopoly ofplayingcarda. •
(Signed) The !President of the Senate
JERO l'O
The President of the Chamber Of RepretteNlMOntativeß,RES.
DOM moo CAICEDO.
The Secretary of the &nate,
ANTONIO JOSE.
The Dep
SUAREZ,uty Secretary of the Chinn her
Bogota, A uguat 13, In!. - •
.; I transmit it to you for your uriderstantling, publication, and
executien, nu the part' which cOncernsioi •

CiRCUIT

CHELMSFORD, SATURDAY, DEC. 13.
MURDFat OF MR. AIUMFORD.
The Trial of John Punster, for the Murder of
j.k.wtvl MumroltD, having been appointed to take
place this morning, the Court was crowded at an
early hour in every part; the gallery especially
was filled with the fair sex, who seemed particu-
larly interested In the proceeding.
Shortly before nine o'clock, the prisoner was brought from
the gaol to tha Court.hoose in the usual caravan. Ile seemed
very touch depree.ted in his feelings ; and since his commitment
bed lost muds of that hardihood which he at first displayed.
He has been attended by the Rev. Mr. Hutchinson, the chap-
luiti of the gaol, who has succeeded in awakening in his mind
a proper sense of his situation : he now seems disposed to re.
cove all those consolations which are only to be derived from
religious exercises. On quitting the gaol he was heavily ironed
on both legs, and moved with difficulty. He was dressed in a
smockfrock,. under which he wore a red waistcoat, with a
spotted handkerchief round his neck.
At ,nine o'clock precisely, Mr. Justice PAUR entered the
Court, and it was opened in the customary manlier.
His Lordship immediately delivered the following observa-
tions :—" Before the prisoner.% put to the bar, I have one thing
to Fay, which has given me great pain. I have observ©d that
in the London papers of this morning the whole detail of the
evidence in this unfortunate case, which is to come before me
to-day, has been published. It is extremely painful that those
who have to administer justice should thus be placed in a si-
teetion of the greatest restraint, to keep their minds unbiassed
befereehey ;proceed to the discharge of their duty. I and the
inoretettonislied at this, after what has been said on this sub-
ject:in a recent case ; and I cannot but express my surprise
that persons possessing the common feelings of °humanity
Amnia thus take pains to increase the hazard of individnale
who are to take their trials. lam aware oath e f the eril which I
Maur in what I am going to say ; but if such ape rse-is per-
sisted in, it must become the duty of Coroners to exclude all
prriene from their courts but those necessary to give evidence
and to assist their inquiries. No human being but the Coroner
.httiOn right to take down the evidence; and this rule must in
'fitture be strictly adhered to. It is most painful to see the re-
petition of these occurrences."
Mr.llAti., the Attorney for the prosecution, observed, that
the examinations before the Magistrates hail been taken in
private, and no persons but the witnesses were allowed to be
present.
;Mr. Justice PAUX.—That was perfectly proper. It is really
unpleasant to me to be obliged to make these allusions, but if
such prictices are persisted in, they must he put a stop to by
the Welter powers.
,lobs rallett was than put to the bar. He was assisted by
the goeler to take his place on an elevated step. He held his
-hold down, arid seemed to feel the awfultiese of his situation.
The indictment was read by Mr. Kapp, junior. It charged the
prisoner, in the ususl legal. terms, with having murdered. Air.
ititumford with a certain stick, of the value of three-pence, with
which he inflicted on his head divers mortal fracture.
Mr. Kwaer.—John Pallett, are you guilty, or not guilty?
Prisoner.--Not guilty.
Mr. oseo Pi the Colleted for the prisoner, now addressed his
-Lordship, and said he had humbly to applyto have this trial
deferred till the next Assizes. The prisoner at the bar had
been only committed to the gaol of this town on the night of
Thursday last, between II and 12 o'clock. The place from
whence he heti been brought was 25 miles off, consequently it
wee impossible fitr him to have had access to those persons
whose testimony might be essential to his defence. lie had
also to state, that even yesterday morning, within a few hours
after the prisoner had been committed, the Lendon newspapers,
containing the whole of' the evidence against the prisoner; were
circulated in this town, and were open to the inspection of the
Jury by whom he was to be tried; thus exposing him to all
the constequences of the prejudice which such publications were
calculated to excite under these circumstances.
Mr. Justice reettice--I am clearly of opinion that there is no
rowel for putting off this trial. There %nothing ue(enninon in
this owe. Scarce an assize paperin which forty or fifty pereons
-.are not.pot upon their trial for felonies, within a few hoard af-
ter their commitment. This person has hind every opportunity
to prepare for his defence, and there is nothing in the eiremeo.
stances of his case which can throw any difficulty in his way.
' in one of the foulest murders which was ever committed itis
kingdom, the Murderer was apprehended on Monday, an
ectited on the Monday following. There is nothing at all ex-
araordinary in such o proceeding. With regard to the %Impend
prejudieta, in consequence of the publication of t
b heserved that
evidence
o pier/ before the trial, in this case, have not o
tide evidence has been accompanied with any
comment which
wool certeinly have aggravated the offence. At a late trial at
If ettford, before the words were out of my mouth, interdicting
the publication of the affidavit which was read in
Court on that
oce,asion, to ley astonishment, I found that that very affidavit
had been published in The Time: newspaper of the mime morn-
intr. • This wag a high misdemeanour, and I hope it will not
pass without the severest punishment. Speedy justice, in my,
opinion, is one of the best preventives of crime. (Ind forbid,
however, I should tiay this from any opinion I have formed,
• from the detail of evidence which it has been my duty to read,
both runt the Coroner and the Ningistratee, in this case. I
MAE, the'obliervation generally, withont at therepting the
retult of these proceeding& lam eatiefted is no, ground
for putting all the trial ; let it, therefore, proceed.
Mr. Buon mot then proceeded to give a simple narration of
tito facts which be proposed to give in evidence, in order toes.
tablieh the charge of wilful murder against the prisoner.
The following witnemes were then called:--
\l'm. Dennel.—l ant hostler to the Coach anti 1101104 at
Qaendon. I Few the prisoner on the afternoon of Monday,
drinking, about four o'clock. The Saffron Walden coach stops
there front London. I knew Mr. James Mumford. He was
on the box ; Pallett was statidingt on third ill, d
at the d
door. A
nein named Kititnan was with dm, ha been rinking
there with the primmer. He had a donky.uld The coachman
asked Mr. Mumford whether the luggage sho
.or taken to his bourse? Mr. Altunford lives
remain at
h Widd e
Cingtoach
on ;
Mr. Mumford said the luggage should at t
and limes, and he would Bend for it, and he would get down
at the turnpike. Mr. Mumford was a young roan. Patten and
gidnittn then both started. Neither of them was on the donky.
They went towards the turnpike. Pallet lived at Widding-
tore I went with
rhea; ach to the turnpike. I
good trice;
the pri-
mmer anti the othe ;ey were walking at a good but
when the coach passed them, they ran on as ta'it as the coach
about twenty rods. I lost sight of them about a quarter of a
rill° front the turnpike. The Withlington road turns off be-
fore you get to the turnpike ;
i it is called the Quendon-want•
lane • the corner of the lane s about a mile and a half front
Wiington.
Cross-examined.—When I lest saw the prisoner and the
other, they were together ; I can't say that they were drunk :
the. primmer seemed-to go very well when I saw him.
George. Say.—l an eon of the toll.gate-keepers of the (Pen-
ile:l Oitte. Mr. James Mumford gut, off, the Softie) NVehiell
coach et the gate there was a memo but it was " glum"
night. He borrowed a little elm walking stick of me. He
went down the lane towards Widdington. Soon after T saw
Kitimat. He bad a donky, and west cowards Saffiem Walden.
. There was nobody with him.
Robert.Sutith—l am a publican at Poyner'g-hill.• On Mon-
, day I was obliged to go from kiriddington towards the turnpike
road. 1 was on a rimy. It was balf.past tight o'clock. ft
wag a h' glum" night. I saw.a body lying In the wed, :ttt
t
about Italia toile from Widdington. I dismounted, and
it up, It was in the Middle of the road, on its back. It was
rot dead. The person groaned. I set him up, and put him
on the bank side. I went heels to Widdington'for asistance.
Yel the alarm. I ordered a. horse and curt. Somes persons
ti
a
weet to the place where I left the body. 1. went to Haydon,
the cnstable. I went to the lune agam, and saw the body et
a great distence front where I left it. The persons had got it
and tit prisoner.
Cross.examined.—The cart had not come then. The prisoner
went 011 voluntarily, and made no resistance. There were
hedge); on the sides of the lane. When I returned,. I went
with the cart. The prisoner helped to put the body into the
Wt.
John Reid—l tun acarpenter et Widdington. Mr. James
Muord livd with his father. The prisoner was a labourer
in themf servicee of old Mr. Mumford. On Monday I went to
the Vane wie's theother persons, in consequence of the alarm
I took a candle anti lantern. Mr. Smith had described where
we were to find the body ; we were all toggthcr; I put the
candle. under my coat, as we thought there might be some one
Asc. 1 heard somebody halloo " Hoy'.." and when we got
within three or four rods from hitn, we heard him say,
" Here's
jalize-3 Mumford." It was rallett ; he had got a body on his
shoulder ; I. went and lifted up its heed, and said it was not
he ; it was so disfigured, that although knew Mr. Mumfowas rd,
I:did not recognize him. The prisoner said
and then e md he thought it was. No one could, by that
haveh knot wn who it was. That was about :10 roda nearer
to Widdington than Smith had described. We had put it into
the cart before Ito came up; we took it to a public.lionee at
'Widdington, called the Fleur-de-Lie •we put him into a chair
by the tire in the parlour; he was dead. Mrs. Mumford was

sent for. We examined the flap of his shirt, and found by
that means who he was. His mother recognized him.
Cross-examined.—l heard no groans when Ica= up to the
body. The prisoner did not attempt to escape then. The two
George Reids and Matthew Dellon went with us to"the lane.
George Reid corroborated the testimony of the last witness.
George Reid, the elder, deposed to the same effect.
Matthew Dellon was present on the occasion, and gave the
same account of the transaction.
George Ifni ht.--I am the constable of Whittington. On
Monday last I was desired to' take the prisoner into custody.
He submitted at first, but afterwards became very violent. Ile
knocked down the table and. glasses. I had assistance, and
took him into custody. I tied his legs. as I was obliged to do,
and searched him. in his right hand breeches pocket I found
a knife. I knew Mr. Jas. Mumford. In his left hand pocket I
found another knife. I knew it well, as I had seen it in the
possession of Mr. James lilumford six weeks before. Of that
knife found in his right hand pocket the blade is notched in two
places. In the same pocket there were a comb and a canvass
purse, with two shillings and fourpence in it. I sat up with
the prisoner, and took off the shoes about one o'clock in the
morning. I have got them here. They are high half-boots,
and are thickly nailed. I delivered them in the morning to
Mr. John Mumford, the brother. I received them at' eleven
o'clock on the same day. I have got a short stick that I re-
ceived from Haydon and Townsend ; it is a hazel one; there
is also a stump which tallies with the other stick ; I received it
,_from Mr. John Mumford. There is blood on the first stick.—
[The prisoner here appeared greatly affected, and leaned on
'the front of the bar, and was accommodated with a glass of
water and a chair by order of the Court."
Cross-examined.—l heard Mr. James Mumford remark this
knife, and admire it very much. Prisoner, when we went to
'handcuff him, said he had done nothing to be so treated.
John Haden.—:l live at Widdington. In consequence of
an alarm, I went to the lane. I saw some blood at the side of
a day-pit. About 40 rods lower I saw a stick and a pair of
gloves. It was a little elm switch. It was about twelve at
night. I went to the same place the next morning. There is
a piece of turnips and some wheat also. I found a thick stick
among the turnips : it was split at the thick end, and a great
quantity of blood in the split ; I also found a hat, all bloody,
and a coat. There was a knife, a comb, a spectacle case and
spectacles, and two keys. It was about six rods from where I
found the switch.
Ily the Cour T.—Mr. J. Mtunford was a near sighted man.
James Franklin.—l am a labourer at Widdington. I cut
that stump in the turns-field. It appeared quite fresh whence
a stick had been cut. I matched them. It--[the witness al-
luded to a stump of a hedge stake in the hedge of the above
field, whence it was supposed the bludgeon had been cnt.]—it
had been cut off with a knife. I don't think it had been cut off
with that knife, es the edge appears smoother.
John Mumford.—l am the brother of the deceased. On
Tuesday 1 got a pair of shoes of the prisoner's, which I hold in
my hand. I went to the spot where the murder had been coin-
nutted, and in thewheat-field I found foot-marks of some person
' who had been running. They led towards a place in the wheat
wherea person had sat down. There was a mark by the place, as
if a split stick had been stuck in. I tried it, anti that stick on the
table fitted exactly. The footsteps then led to a turnip field,
across that towards the Down-lane, which leads to the spot
where the blood and body had been found. I fitted the high
shoes in more than a hundred places, and they corresponded
exactly. The shoes had made marks amongst the turnips. In
two instances the toes of the shoes had cut the turnips. I had
no doubt that the person who wore those shoes had made those
marks. William Reid was with Inc. He pointed out the spot
to me. This knife, found in the left-hand pocket of the pri-
soner, I have seen.—[The stick or bludgeon was here produced.
The appearance was extremely disgusting ; it was rather more
than two feet in length, cut from a 'hazel hedge.stake. The
thick end was split, as if by the repetition of blows upon some
bard substance, and also covered with blood. The knife was
also produced.]—lt was a common knife, with a large blade, in
which there were three jags before, but I cannot say that I know
it to be my brother's. • There is a knife which I gave my bro-
ther, which was found with some other things in the field. The
footsteps I traced were recent.
Cross-examined by Mr. JEssor.—The half-boots produced
are the sort usually worn by labouring men.
Examined by Mr. Justice PARK.—My brother was a very
near-sighted man. He was about three-and-twenty. I never
saw hint wear spectacles.
Wm. Read.—l went to the turnip-field on Tuesday morning
last; I founds knife, a pair of spectacles, a pencil, a comb,
and two keys, under a baulk (a small division in the land) ; I
traced smile steps with Mr. John Minford, and saw the marks
he described. I found a great coat and hat near the hedge, a
short distance from the baulk. The footsteps lead to where
I found the coat. I afterwards traced the steps through the
turnips to the lane.
The coat and hat were here produced. The coat was of dark
brown cloth, and was covered with mud. The spectacles, pen-
cil-case, knife, &c., were also produced. The spectacles were
in a red niorrocco case. There was bloodinside the hat, and a
place was cut in the top.
Mr. John Mumford re-called.—He looked at the knifepro-
deiced ; I know this knife, I gave the handle to my brother about
six weeks before the murder; I have no doubt about it. My
arother had a coat of the colour produced. I know nothing of
'le other articles. The coat was short ; my brother was a little

man.
Mr. George Muratori' was now brought into Court. He was
very much affected, and cried almost incesaently; some time
elapsed before he could he asked any question~.—l live in
London with Mr. Burbidge, No. 127, St. John's-street,
Cleritenwell. I saw my brother on Monday morning last.
(Looked at a knife produced.) I bad that knife in my pos.
session on Monday. I returned it to my brother, who left me
to go home at two o'clock. My father had a case with some
spectables. The spectacles produced are the same; I put them
on myself.
Mr. George Eachus.—l am a surgeon at Saffron Walden. I
saw the body of James Mumford on Tuesday last. I examined
the head. I found a lacerated wound on the left jaw," seem-
ingly cut by the stick produced. To a common observers the
wound looked as if it had been given by a knife. I examined
the head, and removed a piece of the skull as large as my hard,
which was broke. It comprised both the parietal bones. The
right parietal bone was smashed. Excepting the frontal bone, i
I may say the whole skull was fractured. No doubt the stick
produced would have inflicted such an injury, if used by a
powerful man. There was no doubt the injuries described oc-
casioned death. I think there was sufficient to have killed a
thousand men.
John Cock.—l am a weaver. In November last I saw the
prisoner, and three others, at the Queen's-head, at Saffron
Walden. It was on a Saturda, about this day three weeks.
It eas the sessions day, the 22d of November. A neighbour
and I went in together (a Mr. Bacon). The prisoner had some
beer drinking. He said, " Curse you, Cock, will you drink ?
Yommust mind and not get drunk : we have got to pay for
getting drunk." I asked him who it was that male them pay
for getting drunk. He said " Little .lem Mumford, a rascal ;
if Ihad lam here, I'd smash him ; but I'll be cursed if I won't
be his match."
Cross-eicamined.—l did not know what the prisoner was
there for. He was not in custody.. •
Re-examined.—The prisoner said they had been to the Petty
Sessions. I. understood that they had been brought there by
-
Jeni Mumford, for getting drunk.
Susan Read.-1 am the wife of John Read ; I know the pri-
soner. I knew the deceased. About a fortnight or three weeks
ago r beard the prisoner say, " I shouldn't mind hacking Jew
Memford's whistle." I understood by tbat, that he would cut
the deceased's throat.
Mr. Thomas Hall.--I am clerk to the Magistrates at Saffron
Weldon. I was present when the prisoner was brought up on
the charge of murder. I took most of the depositions. 1 read
them over to the prisoner. I asked him what he had to say;
he said, " Nothing." I then produced the knife sworn to by
Mr. George Mumford, and told him that it was found in his
pocket; and he said, "that he found it in Baggot (meaning
Baggot-fleld, in Widdington) about a fortnight ago." I was
in Chchneford on Thursday evening. In consequence of a mes-
sege from the prisoner I went to Idm. He was then in a cart
opposite the Saracen's Head. He bad been brought in diet
cart from Widdingion. 1 had not seen him before from the time
I left him at Widdington ; and the Magistrate (Mr. Ladden)
had cautioned hiM as to the effect of any thing he might
say. When I went to the cart, I made him no promise or threat.
if he had not sent for me, I should not have gone to him. I
asked hint whether lie wanted to speak to me ? lie said " Yes."
lie spoke very low, so that I could scarce understand what he
said. lie desired that I would get into the cart, which I did.
Ile told me that Kidman had given him the knife with which
he cut the stick. I then asked hint whether Kidman had any
thing to do with the murder? and he said " No: I aloud did
it." That is all, my Lord.
Mr. Buormai ex.—That is the case, my Lord, for the pro-
secution.
Mr. BitemEnrcx now said—My Lord, I understand there
ix a person of the name of Kidman on the back of the bill. I
did not intend to call him, but my learned friend wishes that
he should be put in the box.
Mr. Justice PAUK.—That is sufficient : let Kidiaan be.
called.
Thomas Kidman was then called, and was sworn; he is
quite a youth.
Mr. Jzssor proceeded to examine him—l was at the Coach
and Horses at Quendon on Monday night last : I had been
there four hours selling oysters. There was another man there ;
we had been drinking; we drank 10 or 12 pints. The prisoner
left the house with rite a little after eight. It was not light
enough to see a person unless close to him. The prisoner and
I went towards the toll-gate. We ran after the donky. Before