The Sun.
London, England, 1846-03-19 00:00:00

MARCH 19, 1846.

.dried over the wound. The deceased never spoke. The
woman went to Chilcott's public-house. She afterwards re-
turned to the deceased, and Brown the constable, came, and
then some men carefully removed the deceased, and put him
under a garden wall in the road. The witness saw him
about two in the morning, and lie was then snoring. Every
one thought he was drunk. The next morning (Sunday),
about six o'clock, the deceased was found where he was
left the night before. He was quite dead. The prisoner had
told several persons that he had caught the deceased
with his wife, and had beaten him well about his head and
ears.

Mr. Tucker, a surgeon, examined the body of the deceased,
and fonnd several superficial bruises. There was a contused
wound on the head, and a coagulation of blood under the
dura mater as large as an egg. A vessel in the brain had
been ruptured. Tire injuries might have arisen from blows
or falls. The coaamlum pressed upon the brain, and caused
the death, which might not have taken place for many
hours after the blow or fall. The appearances were such as
would be produced by apoplexy. He was in doubt whether
the exposure to cold throughout the night accelerated the
death.
Mr. SLADE addressed the jury for the prisoner.
Mr. Justice Enna, in summing up, observed, that they
must be satisfied, before they found the prisoner guilty either
of manslaughter or murder, that the death had arisen from
the injuries inflicted by the prisoner ; if they were of opinion
that they were inflicted svithout provocation, it would be
their duty to say he was guilty of murder ; but if they
were of opinion that the deceased died of the injuries_ occa-
sioned by the violence of the prisoner, inflicted under
provocation, it would be their duty to find him guilty of
manslaughter only. There were many species of provoca-
tion, which would reduce an offence from murder to man-
slaughter. If a husband found his wife in the act of adultery,
and in the heat of the 'moment inflicted a wound which was
fatal, it was recognised by the law that the husband had
acted upon a provocation, which would reduced the fatal act
from murder to manslaughter. • He thought, in this case, the
'parties had lived together so long, and been reported as man
and wife, that, there was evidence, from which the jury might
infer that they were married persons.
The jury returned a verdict of Guilty pf Manslaughter.
Mr. Justice ERLE then proceeded to pass sentence, and
addressing the prisoner said, " You stand convicted of the
crime of manslaughter ; the jury have acquitted you of the
very heavy crime which this indictment imputed, namely,
the crime of murder, and that which they have considered
as established, is a crime that varies in every degree—it may
be one of the greatest magnitude, just short of murder, or it
may have been committed under circumstances of very great
palliation.; and I consider upon the whole of the evidence
that the fact is established by which the jury have reduced
the crime, and I consider that you did act under circumstances
of extreme provocation, and that great allowance ;ought to be
made for your temper and your violence ; and I take notice,
that although you were excited to use such violence, you made
use of no dangerous weapon. You used a stick you had with
you, apparently without premeditation; sod I take notice also
that from the blows that were inflicted, in all human proba-
bility, if ordinary care had been taken of the man, no fatal
consequences would have ensued, and I mention these facts
to explain the sentence I am about to pronounce, because it
is of importance that where death takes place, there should
be a solemn inquiry into the cause, and if the death has
arisen from the illegal act of any other person, he should be
made responsible, but I consider you have strong matters of
palliation. I take nJtice that you have been in prison from
the early part of December, and I think that the public jus-
tice of this country will be satisfied, if I pass upon you the
sentence that you be fined Is., and lie imprisoned till the fine '
be paid.
_ _

Many hands were instantly put out with a shilling, by
which the Treasury will be enriched, and the prisoner was
discharged.
The result has given the utmost satisfaction.
We may mention here that many robberies have been
committed during the present assizes; the Judge's marshal
has suffered; a javelin man when holding his staff of office
was relieved of upwards of 3/. ; and last night the person
who manages the circuit baggage-van had his pocket picked
of 39/. It is said there are police in this town.

NORFOLK CIRCUIT. Cambridge, March 17.

The following case, which has excited ale greatest pos-
sible ,interest in the University and town at large, was tried
before Mr. Baron Parke in the civil court, all the nisi prius
business having been disposed of yesterday by his Lordship.

POLICE INTELLIGEN CE.
•
MANSION-HOUSE.
A person named Henry Miller was charged by Mr.
Wm. Hitchcock, of No. 2, Friday-street, factor and
warehouseman, under the following circumstances :
Mr. Hitchcock stated that the defendant, who was not
known to him even by name, walked into the warehouse,
took a scat, and refused to leave the place. In his in-
'tendon to remain, he was encouraged by some persons,
who told him they would supply him with meat and beer,
and whatever else he might be ix need of, during ti e
time it might be his pleasure to stay there. Witness told
him that he must not be in the way of the business of
the house, but finding that expostulation was useless,
caused him to be apprehended, after having referral
him to Messrs. Wire and Child, as their solicitors, who
acted for the house, and were qualified to transact any
business with customers.
The defendant declared that he and his partner sent
some goods from Manchester, where they carried on
business, to Mr. Hitchcock, for sale in the London mar-
ket ; that the sale was accordingly effected, but they
could not prevail upon the gentleman to whom-they had
remitted the goods to come to a settlement, on which
account it was considered advisable to persevere in
making the demand on the premises.
Mr. Hitchcock said he had no notion of disguising the
fact that the house had received the goods, He had re-
ceiveddsrit, ldat
; nhde
but mhe m
r afccoording to the instructions-which
was imme-
diatedweshiarotuoscetuorcroemdesutobsaenquently
h ad
been
n
esettlementeane
he apprehended that there was some doubt as to the
manner in which they had been obtained. It appeared
to him to be rather a crooked affair, and he had referred
the parties who applied to him for the value of the pro-
perty, to Messrs. Wire and Child, whom it would be ne-
cessary to satisfy that it had been honestly got posses-
sion of.
The LORD MAYon asked the defendant whether he
and his partners had a warehouse at Manchester? De-
fendant—We have a cellar there in which we keep cur
goods, consisting of fu,tians, velvets, &c.
Mr. Hitchcock—l am willing to leave the money in
the hands of your Lordship, or any other respectab!e
man, until a satisfactory account of the transaction shall
be rendered to me.
The defendant said his partner stated that there was
no ground for the detention of his property. The goods
had been regularly sent up through Pickford's house to
Mr. Hitcheock, whose clerk or warehouseman had been
previously spoken with upon the suldect of making the
sale, to which a prompt assent had been given.
The LORD MAYOR—If the defendant and his partner
have any claim upon Mr. Hitchcock, they must adopt a
different course. It is quite impossible to permit a per-
son to make a claim in such a manner as that adopted.
All that Mr. Hitchcock wants is to know whether he
would be justified in paying the amount of the sale to
the parties applying.
The defendant was then bound over, to the amount of
20/., to give no further annoyance to Mr. Hitchcock.
Mr. Tabor, of No. 21, Great Trinity-lane, was sum-
moned for having refused to pay tithes for the main-
tenance of the rector of the parish of Holy Trinity the
Less.
The collector of tithes for the parish stated that he
had previously sent a summons to Mr. Tabor, who made
it a rule not to take notice of such authority, and the
second summons contained a threat of the issue of a
warrant for the apprehension of the recusant if he
should persevere in rejecting the claim.
The LORD MAYOR—What is your objection to the
payment of the tithe, Mr. Tabor ? Denfendant—l re-
fuse upon principle altogether. lam sure we cannot
find any authority for the charge in the doctrine of
Christ. It is contrary to Christianity.
The LORD MAYOR—It is not contrary to law, I know;
and as you are able to pay it you must pay IL Mr.
Tabor—l dare say I shall pay the demand. He then
drew out his purse and paid the amount of the tithe.
The LORD MAYOR—Now, why do you give us and
yourself so much trouble for nothing? Mr. Tabor—lf I
happened to be robbed in the street I would take the trou-
ble of prosecuting the thief, although I should gain
nothing by my trouble, and I think it necessary to pro-
test against this demand while I pay it.
The LORD MAYOR—You have to pay the costs, as
well as the demand, for your obstinacy. You may just
as well protest when the collector calls upon you in the
first instance.
Mr. Tabor—l object altogether upon principle.
A man named,Pope was charged by Mr. Pelham, upon
the part of the Board of Trade, for having taken money
from a seaman named Fox, as recompense for procuring
a ship for him.
The Act was made for the protection of seamen, but
the evidence adduced in support of the accusation was
not sufficiently strong, and the defendant was dis-
missed.

CLERKENWELL.
John Morgan Boni, a German, apparently about twenty
years of age, was charged with attempting to murder Mr. J.
Have, a clerk in a commercial house, who resides at No. 8,
Albion-place, Clerkenwell ; also with attempting to cut and
wound two policemen of the G division.
Mr. Hayes deposed that on the previous night he saw the
prisoner lurking about his house, and, suspecting his intent,
went for police-constables. On his return, at half-past nine,
he found his parlour door fastened. He demanded admission,
but could obtain none. He then, with` the help of a con-
stable, forced in the door, but had no sooner done so, than
the prisoner rushed upon him with a clasp knife, swearing he
would murder him. One of the constables seized his arm,
else the knife would have penetrated his body. The con-
stables, seeing his determination, closed upon him. He made
two or three desperate efforts to regain the knife, and attack
witness, exclaiming, "It is you I want—Pll do for you in
spite all you can do." The prisoner was sober, and witness
had given him no provocation.
Police-constable Rogers, 242 G, corroborated the above
statement. Witness forced the knife out of his hand. The
prisoner seized witness by the throat, threw him down and
kicked him violently in the stomach. At length police-con-
stable 253 dragged him away. The prisoner thereupon
exclaimed, " I'll do for you," and so saying drew a razor
from his pocket, opened it, and flung it at witness's head.
Witness raised his arm, and the weapon struck him on the
wrist.

Police-constable 253 corroborated the above. The prisoner
flung another open razor at him, but by turning his head
aside witness evaded the weapon.
Mr. COMBE—How is it that the prisoner went to Mr.
Hayes's house? Mr. Hayes made no reply.
Sergeant Wilkinson—l believe the truth is, your worship,
the prosecutor's wife encourages him.
Mr. COMBF: (to the prisoner)—What have you to say ?
Prisoner—What they say is true enough.
Mr. COMBE—W hy did you treat Mr. Hayes so? Prisoner
—Because I don't like the man.

Mr. Comax —What made you go to his house? Prisoner
—To do him an injury.
Mr. COMBE—Then do you mean to injure him ? Pri-
soner—That I certainly do.
Mr. COMBE—Where are your friends? Prisoner—Most
of them in Germany, one of them lives over in Regent's-
park—my
Vhere is the wife? The constable said she
l.rr. coxuncle.B
was in the body of the court..
Mr. COMBE—Let her come forward.
The wife, a handsome young woman, about nineteen, came
forward, exclaiming, " I'll do for him" (pointing to her hus-
band). The violence of her gestures and language was such
that Mr. Combo thought it necessary to place policemen be-
tWeeß her and her husband, a very quiet, genteel-looking
young man, wearing spectacles.
Mr. COMBE (to Mrs. Hayes)—Have you known the pri-
soner long? Mrs. Hayes—Eighteen months.
Mr. Comna--Did you know him before you were married?
Mrs. Haye2—YeVr I kept company with him.
Mr. COMBE— by do you favour the prisoner in prefer-
ence to your own husband ? Mrs. Hayes—Because I don't
like my husband—I will do for him; but I like the prisoner.
Why should my husband meddle with him ?
Mr. COMBE—But he threatened to stab your husband be •
fore a word was said to him. Mrs. Hayes—l dare say.
Mr. Mallett—ls the young man sane ?
The constable said he was perfectly sane.
Mr. C 03138 said the prisoner would be committed until
the sessions in default of two sureties of• 501. each to keep
the peace.
Mrs. Hayes (turning to her husband) —Then you shall
not see me again.
The prisoner was committed in default of bail.

allbeforethse.mh, andh one
the northern district for. the last six
EsucbßydirriTsNioci;Tfßecruiting has been " looking up," in
arethis carrying all
stationed town—the I t SVC,
party of
procured twenty " tight-looking fellows" in
weeks. :FthheeAlirnti:!,e,ry
asingle month. This success, of late, is at-
standard height, and tributadivid-
ing the bonus with civilians, who bring forward persons
tl'ee
understand,co
übrls: tot he lowering of the
eligible to be enlisted by military men. We understand that
the 57th have got neatly 1,000 excellext recruits in and about
Belfast, during the last twelve years. The service com-
panies of this corps embarked for India in January, 1825.
They are now at Fort St. George, Presidency of Madras, and
the depot of Chatham.—.Banner qf Ulster.
OPTICAL DELUSION IN ARCHITECTURE.—Mr. J. J.
Scoles, in a paper read at the Institute of British Architects,
on the 23d ultimo, said :—" It is well known to architects,
that if the shafts of columns are made' perfectly straight, that
the effect to the eye would be an appearance of curving in-
wards; and this unpleaaing effect is remedied by giving an
entasis or swelling to the columns. As Stuart and Revett
had not shown any entasis to the columns of the Parthenon,
I felt a desire, when I was at Athens, to ascertain if the
architect of the Parthenon had overlooked this point—if these
columns were really executed without any entasis ; I had the
opportunity of measuring each diameter of the blocks of a
falen column, which clearly proved that an entasis was
given, but so slightly as not to give any appearance of
swelling out, which is so often se‘n in the buildings of Italy,
but yet sufficient to correct the defect that would have been
apparent if the shafts had had a straight line. —The Bui'der.
Railway King's, Queens, and Princesses figure, " not
wisely, • but too well," in Mrs. Gore's amusing novel of
"Peers and Parvenus." What will the nouveaux riches of the
share-holding world say to this? Probably, that they fare
no worse than the fashionable dramatis pertoacc, both Eng.
lisp and Foreign, whose mysterious adventures have created
such universal interest in this work. The character of
George Joddrell is a chef d'auvre, as a type of the empty-
hearted and empty pocketed exquisites of the day—seltish—
overbearing—but not the less the darling of fashionable life.
THE MIDLAND RAILWAY V. LORD HARBOROUGH.—
The indictment for alleged railway riot, yreferred by Lord
Harborcugh against John Smith and Henry Elliott, con-
tractors, and Thomas and Samuel Morris, labourers, con-
nected with the Midland Railway, for rioting in Ws Lord-
ship's park at Stapleford, last autumn, came on for hearing
at the Oakhani Assizes yesterday week, before Chief Justice
Tindal. Mr. Whitehurst, QC., and Mr. Flowers, conducted
the prosecution; Mr. Humfrey and Mr. Macaulay, the de-
fence. The jury acquitted all the defendants. A bill was
also preferred by the Midland Company against Lord Hat-
borough and others, for conspiracy and riot; and the grand
jury (the foreman of which was Lord Harborouglis brother-
in-law), found " a true bill," as regarded the conspiracy,—
Leieesterohire Mercury,