The Sun.
London, England, 1848-04-03 00:00:00

ELECTION COMMITTEE.

BODMIN.

(Continued from our Afternoon Edition of Saturday.)
The Committee was occupied till its rising with the
evidence of several licensed victuallers of Bodmin, who
supplied the ♦oters with drink and refreshments to the
extent of ss. each, on their producing a ticket autho-
rising them to do so.
The Committee adjourned till Monday morning at
eleven o'clock.

ASSIZE INTELLIGENCE.
NORTHE 1?1V ClRCUlT.—Liverpool, April 1.
CROWN COURT.

Daniel O'Brien, aged 27, and Michael Conolly,
aged 26, seemingly of a better class of Irishmen, were
indicted for a highway robbery in Sheepfoot lane,
near Great Heaton, on the ]sth of January last.
Mr. MONK (Mr. Sowler with him) stated the case
for the prosecution.
Samuel Copeland, a policeman, said he saw the
prisoner at a quarter to one o'clock mid-day, at the
end of Sheepfoot-lane. O'Brien asked him if that was
the way to Middleton ? He replied yes. That was
near half a mile from the place of robbery, of which
he heard in 40 minutes after seeing them. He was
quite certain of their identity.
Cross. examined—He described O'Brien's dress to
the superintendent of police.
The Rev. Nicholas German, high master of the Man-
diester Grammar School, said he, his wife, a daughter,
and a young son, were out in the carriage airing. He,
his wile, and daughter left the carriage, and directed
the son to go on in it up Sheepfoot-lane. As they
were walking in that lane they met the prisoners,
who passed them about a hundred yards, then stood
\nd delibereted, returned and passed them again, and
,urned round and faced them. The prisoners were
the men. O'Brien presented a pistol and said, "I
will shoot you dead on the spot you do not give me
your watch and your money. 'Conolly presented
another pistol and said, " the la Iy's watch too." Wit-
ness said, "For God's sake keep off those deadly
instruments, and I will deliver up my watch.
Thought he said, " and anything I have."
O'Brien continued to hold the pistol towards
the witness, in his right hand, and received witness's
watch in his left. Witness gave him also a crown
piece of the reign of William 111., and several shil-
lings. Mrs. German ran up the lane, screaming, and
said you shall not have my watch. She ran towards
Bury, and so saved her watch. O'Brien then said,
" I will shoot you if you are not off." Both the pri-
soners then turned and ran down Sheepfoot-lane, as
fast as they could, towards the Middleton-road.
There was a man in the lane below, and when wit-
ness cried out murder and gave the alarm, they turned
and jumped over a hedge into a field, and ran in the
direction of some cottages. He was quite sure the
prisoners were the men.
Miss S. J. German corroborated the evidence of
her father.

Mrs. German said that when her watch was de-
manded she felt insulted, and said you shall not have
my watch, and ran away. She soon returned, and
the men were then running over a field. She was
morally certain the prisoners were the men, and the
man with the red hair (O'Brien) held a pistol to her.
Cross-examined—They were more like them than
any men she ever saw, and had the same complexions.
Mrs. S. Hallard said she was in her neighbour's
house (Mrs. Barlow's, one of the above-mentioned
cottages), when one of her children came in, and said
a man was crying out murder. She ran out, and
heard another shriek of murder coming from the
Sheepfoot-lane, about a quarter of a mile off. Imme-
diately after she saw a man coming, and she noticed
him very particularly. O'Brien was the man.
Cross-examined—She was taken to the police sta-
tion to see the prisoners, and as soon as she saw
O'Brien she knew he was the man.
Mrs. Catherine Barlow said, she went out with last
witness on the alarm being given. A man came up,
and Mrs. llallard spoke to him. The red haired man
(O'Brien) appeared to her to be the same man. She
got on a wall, and saw another man with dark hair
(Conolly had dark hair) running behind the hedge.
She heard O'Brien, before he came up to them, say
to some one, " keep out of sight." The two men
met together at the gate at the end of the lane, and
went through it into the field.
Alice Kenyon went out with the two last witnesses
to the gate. She had no doubt O'Brien was the man
who came up to the gate.
Timothy Leary, superintendent of' police, said,
from information he received he went to a beer-
house, and apprehended the prisoners from a descrip-
tion he had received, and picked them out from eight
or ten others. When the prosecutor first saw the
prisoners they were with three others, and he selected
the prisoners from them.
Joseph Webster, waiter at Robinson's beer-house,
in Shudehill, Manchester, said the prisoners were
there till nearly twelve o'clock, and they then left to-
gether.
(That beer-house is three miles from the place
where the robbery was committed.)
Carpenter, policeman—On being apprehended
O'Brien asked what was against them, and witness
told him. Conolly said, "Dan, we were at Liverpool,
were not we ?" Afterwards O'Brien said he was
drinking at Robinson's all that day ; and then Conolly
said he was hawking, and they both went to Liverpool
by the six o'clock train.
Mr. AIKINSON (Mr. W. Campbell Sleigh with him)
addressed the jury for the prisoners. He said the
charge was unusual at this day, and ought to be con-
sidered with care. He undertook to show the pri-
soners were not the men who committed the atrocious
crime. He then called
Henry Willson (a very young man), who said he
was jobbing, on the 15th January, at Robinson's
beer-house, in Shudehill, Manchester. The pri-
soner came in between eleven and twelve, and stayed
two or three hours.
Cross-examined—He was a cabinet-maker, but had
been out of work four months. Mr. and Mrs. Robin-
son were at home, and waited.
Mr. M'Givern said, O'Brien had borrowed 7s. or
Ss. of him on the afternoon of the 15th January, to go
to Liverpool.
Several witnesses were called to character.
Mr. MONK replied.
Mr. Baron ALDERSON summed up. He said, the
case was one of personal identity.
The jury, in about ten minutes, returned with a
verdict of Guilty.—Sentence deferred till Monday
moTrnhiins
gw.-as the only case tried this day, except a case
of felonious assault on a female, which was stopped
by the Judge.

March 31.
(Before Mr. Baron ALDERSON.)
THE ROCHDALE MURDER.—James Tetlow, aged
48, a good-looking man, of no education, was indicted
for the wilful murder of James Duckworth, of Cap-
tainfield, near Rochdale, on the 18th December last.
Mr. Sergeant Wuanis (Mr. Monk with him)
stated the case for the prosecution, as detailed in the
following evidence :
_ _

John Kay said he had worked for Mr. Richard
Kay, of Harefield Hall. Deceased worked also for
Mr. Kay. He was a farm labourer, and slept at Mr.
Kay's house. On the 18th of December witness was
returning from Mr . Kay's house, at half-past eight
til. .—was on the carriage road leading from the
hway to the Hall. Heard a noise as if one was
king the grass with the flat of a spade, and ran
across to see what it was. Found the deceased about
80 Or 90 yards from the place where he was when he
first heard the noise. Deceased was lying about 80
yards from a gateway at the bottom of the carriage
road. Deceased was lying on his face, his hands in
his coat pockets, and his hat on. His hands were in
his coat pockets, which were in front of him, and his
hat covered part of his face. He lifted up deceased's
head, he did not seem to breathe. Fetched his
brother-in-law, Edward Collins. He and Collins re-
turned to where deceased was lying. Collins found
part of the cart leg beside where deceased's head lay.
Found the other part about a yard and a half distant.
It was moonlight. Saw footmarks on the ground.
Deceased was carried to the Dog and Partridge
public- house. •

- Edmund Collins said he was at Kay's on the even-
ing of the 18th of December, who fetched him to the
place where Duckworth was lying, and under his
head witness found part of the cart leg. They took
Duckworth to the Dog and Partridge. On the fol-
lowing morning witness found part of a staple, which
had fastened the cart leg to the cart.
John Leach, road surveyor, verified a plan of the
place. Ile assisted in taking Duckworth to the Dog
and Partridge ; he was sensible. Witness had known
prisoner, and had noticed that he walked more on his
heel than his toes. Witness assisted in examining
footmarks ; the impressions were clear.
Mr. Jesse Leach, surgeon, said he was called in to
see Duckworth, at the Dog and Partridge • he was
insensible. There were five wounds on the Partridge;
one in front on the forehead, which he believed was
caused by falling. One of the wounds on the head
penetrated to the bone. Ile died the following
morning. Witness made a post mortem examination.
There was a fracture of the skull, six inches in
length, running between the ears, over the top of
the head ; that would produce immediate insensi-
bility, and ultimate death. The five wounds had
been given by five blows. The cart-rest shown him
would produce them. The skull was unusually
thick. There was coagulated blood on the brain,
corresponding with the fracture. Ile thought any
of the blows would stun him and produce death.
Various other witnesses were examined, but their
testimony established no additional fact. The evi-
dence, however, of the following witness was of im
portance :
William Berry said he belonged to Dublin, and
felony,w as a
andatte rln
sentenced.
six
nio
nhteh s was convicted
of
imprisonment
in
the New Bailey. The prisoner was brought into
the same ward on the 23d December. When
he came in he said, I suppose they will hang