The Sun.
London, England, 1846-10-29 00:00:00

SHERIFFS' COURT.—(THIS DAY)"
(Before Mr. Under-Shefiff BIIECLIELL.)
The Court sat at ten o'clock, and there were five
ere !" ess,:
e.
s w
set down for hearing, but in'none of the case
parties present, and the jury were kept in waiting
inht
p
nearly half an hour. The following case ocol
whole of the morning.
WARD V. ADIOS,
The plaintiff in this action is a zinc worker in Tile:.
a boil i'
street, Camden-town, and the defendant is ane's.
The action was brought to recover the sum of Sk
for materials and work done.
On the part of the plaintiff evidence was adda"a °-
five bouts!!
show that zinc gutters were laid down on
built by the defendant, and the work was done
direction and inspection of the defendant. The w°oa
torra
was done in April, 1844, but during the heavy 1, the
the Ist of August last, the rain penetrated throug,-
roof.
15
It was contended, on behalf of the defendant, that
arose in consequence of the zinc not being-of sit6„„cierly
substance, and that the joints had not been pro/
under It
soldered. up'said
The Learned UNDER-SHERIFF, in summing be-
that a consiterable time had been allowed to Flaps Dula
fore any complaint was made, and the material 'ose
not be very accurately spoken of by the vvitnesses Ode,
evidence was very conflictory • it was sworn theasily
Pendant gave the orders, and it could not be et the
believed that he was so ignorant as not to kaciwrlld rea
time whether the materials were such as he e
,hich was the question in issue.
The Jury gave a verdict for 61., deducting tl'e
once, 11s. 6d., fur loss by, bad workmanshiP•

CRIMINAL COURT—(TfIIS PA j
OLD COURT 1
The Lord Chief Baron and Mr. J 0
estice 01° t 0
their seats on the bench shortly after ten o'cloriC'et,ell'
MANSLAUGHTER. -- Three powerful, resPetfeliaw
dressed young men; Earned Richard Haylvood, take the t
Branch, and Henry Boddy, surrendered to et3avet,
trial for the manslaughter of John Harrold .1-1'
• rei
West Ham, on the 15th of Sept. last.
Mr. Sergeant Shea and Mr. Hudellestoir," Dochil
for the prosecution; and Mr. Clarkson and
fur the prisoners. a,c for ;"
Mr. Sergeant SHEA proceeded to open the err the Ge.
prosecution: He said on the 15th of Sept
jobl
ceased, who was of a full habit of body, prom:. ;a
0°
cart to Barking to visit his sister. After staYleed ,che
time he returned between five and six o'clock, i1.e,,r03c
at the four-and-a-half mile-stone on the 13101 Te,
he found that a number of persons had assee3":ea
that a foot-race was abut to take place her ewermen. The risoners and about three other t 0 01;
were in a phaeton, all of whom appealed d bell)
a deep interest in the race. The deceele de/0
anxious to get to London with as litta bY tb
as possible, pushed forward, but was preventethe fps'
prisoners. Haywood drew the phaeton across 001411
and did his best to nrevent the deceased Will posit
his intention into effect. After the raeo_,.l2,eccl isa,t
forward, and both the prisoners and the Moe': OW::
use of their whips against each other. Th.' ipyti`ci
him about 200 yards, to the 3 mile-stone. 1;. thed
then urged the horse to a gallop, ands•litit' The
ceased a blow with his whip as be passoo• is 110
ceased returned the blow, the whip fell free 3 Po 0
and he got out to get it. Whilst about to d`"; trieci,„
endeavoured to get into the cart ; the deceell, pss",
prevent him, but was unsuccessful, and Beal-'413°6
him backwards, and his head hung over then tsd teelc
of-the cart ; whilst in this state Haywood 11/el pays
to inflict serious injuries on the deceased. --'l3O fle
and Haywood also violently assaulted him'" 0014
described the condition of the deceased, and (10'
by characterising the case as one of the most a',
nature.
Mr. Yeoman, police-sergeant, examined by
DLESTONE, stated that he was present at the i.tel• er'
Os eat two men named Brither and Hall, to te,;/),enee's 51:1
road, on the 15th of September. Saw the Pri'-ey
the deceased, who was in a cart drawn bY
He knew the deceased. The prisoners, wile ett'fu" t'
phaeton, used their utmost endeavours to Vele
drive
ceased proceeding on his journey. Saab'the,3l3o. (ttbe, Pttit
deceased every .time ho attempted to pess JO'
ment and strike him with a whip Fearing:
risoo
ance he went for assistance.
Cross-examined by Mr. CLanKsoere-I-C,lle P'fbe
were endeavouring to keep the crowd baolie -
,
had to run about a mile, which would occilPJ
minutes.
By the CHIEF BARON—The deceased lirrvic"alfe
the direction the men were about to rue. „giet fit
lion took place during the time they were r 9.;;; pies°,"o
whip of the deceased most likely struck all.
Mr. Traywick, a fishmonger, was in the PI). 4.
-
kegs
), Carr
on the day in question, and got behind 1. l'ef the :e
the prisoners. Heard some one in the bodY' and ,a
say as Mr. Levitt came up, " Here he conze?s, d fO,
passed, he " took .a sight ' at them. Bar° roe- selLs
and :truck the deceased, who repeated th.tl) is;biP9
blows were struck whenthe deceased dropp bo 05,
pulled up to regain it. Haywood pulled up, tie did
" Get out and kill the —, and I will paY ssee°
Boddy got out and' put one foot on the r."-4;tionrai
other on the shaft, and whilst in that p
struck him, but Boddy succeeded in gem' ftbe,r; -
cart, and pushed the deceased backwards; ut'
hold of his hair and struck him several ti tnef;',.e
lying on his back, and could not make mu :00
Soddy struck the deceased as hard as he colli,',l„-rosh'
position. The deceased managed to get 130 u I;
side of the cart,
once, but not vewryhesnevneraely prison
,may
A Aei
into their vehicle and proceeded to the
As they passed the deceased they jeered ti oe
head was, much cut, and there was greet ue earl
The deceased hung over the tail-board of the .01
Haywood struck him.
By Mr. BODKIN—The deceased struck J‘",,,,ee56e.,0
'CodTbcaemea..edi strta
cart. If Haywood had not struck the ("lees; tl
would have thrown Buddy from the carte epos
made him release him. Haywood did eiot. oe
a °/
blow.
"eee
By Mr. Sergeant SHEA—The blow Hay
was with his clenched hand. vitle tel
John regrow corroborated the precedinr,, e
oeu
fd
John Soker, a porter, saw the deceased
after the assault, who said, " Do you
play?" He was sitting up in the earl" iiso▪ 111
blood from his face. His eyes were dreir..-tber,etill
tuned, the right eye particularly . Over rift
a dreadful gash, in which he (witness)
do finger.liietierr. had William
advice.
ioelotheres.on wounds, and be 11"
Di tel
risfubtrtagieedieden.e,o_f:ictsisse:faleincte.:;oo:l::::;:eboetib°,ii'
HUDDLESTONE, said the
ts
swollen and black. There were two 01/1,0% es1)!II
wtheereringehtl'veeuynedbsrowen andthe anotherle lower ".a.
been dressed the preceding evening he dill
the dressings. The deceased was much tif' ;le "lei'
tremulous. He prescribed what was necessreiter tiv
next clay he found the wounds considersh2toli,:grilif:;
but the tremulousness increased until his uhttil he it
following Monday. On the Friday he ds 05d
„tremens, and talked incoherently. On Sat4l%., it,l
brought to witness in a cab. He was theo e'ti
as on the preceding day. Visited him on ,:71"1 006/ifis"
a few hours after he died from exhau..-tiolli: fl)(41,
the shocks the nervous system had receive( tea'. ,elll t'
tremens was caused from the shock the o'4's- 14`00,;:t
ceived on account of the injuries infliotr",,cee„ o'll
Performed a post-mortem examination.
fracture, and no rupture or bones broken' ors'-eeslol
membrane of the brain was inflamed ; the 4 eollibi',l
Was not at all affected. The right lung la- °,
and old adhesions on the riAt b1u.1,; 9," erns
themselves, but were, he thought, .--ee s'„).!lqo
connected with the death. The left lung I*--ft ii":sevo
gested, but there was no adhesion. The 10.3-tli
and flabby. His opinion of the cause of di iilforebtoro
same after the xst-mortem examination iisjeted re
5`11,0
surprised to find that delirium tremens fc"' a",sells
lts
which at first did not appear likely to cause ' $
but
in his experience he had known delirium 04500;
ceed fromexa m slight blows. T Oti° ere thia
Cross-ined by •Mr. CLeaxsoNe- to 0
great deal of disease. The man's skull riss 04004
he ever saw. Tho blows to the skin Were l'elt of
asgtyo
serious nature. There was no cut over tile 'Jo)
enough to admit a man's finger. Exciteieen ,rae ;1,01101
in a bad patient might cause delirium ftr;"o,ol6'o,i'ep,
gentlemen were with him when he Per °
mortem examination. Could not undertsl°ott,e,4oo
death would have ensued if the blows nadre6oosftei
He was very strong, and could lift two eitionditiDelyS..o
Bocquet, surgeon, described the e.,,,diet.,ce,'
deceased when he was brought to him, ifo3•Trat is 3 t the
receiving the blows, and agreed with the t
to th cause of death. 'OOlO sitli
Mre .
Childs, surgeon, said he was ,e t 1
post modem examination, and deposed ereepot
of the deceased's body. Excitemeol'ore c 100,00,
produced delirium treinew. There 010,,et
stales in the brain, which was frequenlitetie
death, but there were no appearance °' ee,eller)
The; cause of death was delirium tretalihe
was slightly affected, as if from drink, s° ttl
easily broken. The body was much deco
aged, Said
he saw it. de,,c obi pirt
Mr. Richard Levitt, the father of the lest. ~
he generally enjoyed good kealth; for the
e'-ry his,e,, of
he had not had au hour's illne..ss; he "3s Itwo sl'o.4'
being in the habit of taking more thao
such °opt
wine after dinner. Never saw his Son i.ll at°
excitement as he was in after receivilhe re'
Arss Cesl
Ile was an ironmonger.
This was the case for the prosecution.ii jecebio,
T. J. Clarke, examined by Mr. tbe fef.rtolll'
sent at the race. Was in a cart, etiu eske roe,.!'!
come up and get on the pavement to in'etie tn'l97 ere
He drove between the cart witness was in ''bet„ the,:ee g 0
Some one in the phaeton said something " The 'red
struck Heywood, who returned the blow._ lthe
ere sito
then running, and if the deceased had beeili,)
on he would have got amongst the wen fi Veljte °
ning The race would have occupied only
so 00
and a half. Heywood was a fislienongort ;011/je
tee' the
prisoners porters.
Mr. CLARKSON then proceeded to satidrfist;t theo
•
behalf of the prisoners. He contende ,rough
,jot
had v 0
ceased was the first aggressor, he if; an ~,
taliation of the prisoners upon bilusetil easseit oiy
death was caused by constitutioila not to
produced excitement and trepidation, ne the ,eq,iog
iTnjhuer
ciehsarh
ge
ehaazdairireseteßivreadneaht
couldthe
the only participation handd in the .ong wrist tie/
nidosi''s )1,01.,11;31v1.11!if.t-a
up the deceased's whip lightlY stil3 owl ra the
10 if
On the medical evidence alone, be be'
eat
the prisoners.gale • eefi!''
Witnesses were then examined, who eye pir
priq)ners a character for humanity. I tip thlicl
_ito
Toi Lori: Ctili.i i 3 %up •• • elt see:01"
and explained the law to the jurPn wasl,,,kopt
that greater violence was, used t 1121% 010 ;'Pe
"If-defence. lie could not 001ie"