The Sun.
London, England, 1846-07-18 00:00:00

THE SUN, LONDON, SATURDAY MORNING, JULY 18, 1846.

gentleman standing, and one lying down en his back bleed-
ing. He did not see either of the faces of the gentlemen,
and one of them sent him for a surgeon, which he did. Went
on to Gosport and fetched Mr. Jenkins. When they got
back to the Down, the woundel gentleman had been take*
on board a yacht. The next day he went by the direction
of some gentleman, whose name he did not know, to an inn
called the Fountain, and fetched away the same parcel that
he had taken to Brown Down. He left it at Lieut. Hockin's
room.

which was dangerous to life; it was a branch of the ftmoral
artery.
Py Mr. COCKBURN—The artery taken up was the external
iliac artery.

the prisoner that he, the latter, was neglecting his duty in
not cleaning the horses. He was then sitting down. Asked
him what he was about, to which prisoner said he was rest-
ing himself, and it was hard if he had not a right to take a
rest, he having then done a day's work. Being then com-
manded by his master to dress off the horses, he said he would
not be in any hurry about it. The prisoner asked him if he
had not been at church the day before, and there taken the
sacrament, and said that people who did that ought not to
get into a passion. The prosecutor then told him that he
had better leave the stable, and let come one else do" his
work, if he would not do it himself. He Wok the prisoner
by the collar, but only gently, and desired him to go
out. He would not do so, but told him that if he came
into the stable again he would split his skull for
him. Mr. Holtby then went cut, but returned in ten
minutes, and the prisoner then struck him over
the head with a pitchfork. He had on a hat, however, which,
being much too large, had been lined with some thick folding
of brown paper, which considerably lessened th 3 force of the
blow. As it was, he suffered a serious injury, in a cut about
an inch long, which went to the bone of his head, and from
which the blood flowed profusely. The prisoner, p rceiving
that they were sending for a policeman, exclaimed, " D—n
him, ho is now going to have his revenge, but I have had
mine."

✓
By the JUDGE—By tying that artery the circulation was
cut off from this tumour. In my opinion the proper artery
was taken up.
This closed the case for the prosecution.

Mr. CocientTeet then submitted that upon the evidence in
this case the offence of murder, according to the English law,
was not made out. It appeared that a wound was inflicted,
in consequence of which an operation was thought necessary;
and that, from the results of that operation, the person
wounded died. No decisions, or any distinct authorities,
were to be found in which this had been held to be murder.
The question is alluded to in 1 Russ. on Crimes, 505, but the
cases there cited were instances of the death being occa-
sioned by the physical consequences of the wound, though
somewhat remote. In the Scotch law cases had occurred
analogous to the preseDt, and there it was held not to be
murder. He cited Alison's Principles of Criminal Law in
Scotland, p. 145.
Baron PLarr, on being informed that Mr. Justice Erie
lead reserved the point upon the trial of Mr. Pym, said
that he would also reserve it, although he agreed with Mr.
Justice Erle.
Mr. COCKBURN then objected that the cause of death
was not. rightly described, -as being by " the wound" by a
pistol bullet.
His Lordship also expressed his opinion to be against
the objection, but he said that as Mr. Justice Erle had
on a former occasion reserved the point, he should do the
same.
Mr. COCKBURN then rose and addressed the jury on behelf
of the prisoner in a most eloquent and stirring speech, which
lastedtli ne. tweliheereeerl'pei recapitulated a teefd thewhich
circumstances,w eeae giv
already
eonly
a brief
oufami-
liar to the public, which occurred prior to the fatal encounter,
and dwelt with much earnestness and energy upon the deep
provocation Lieutenant Hawkey had received in the base at-
tempt upon the chastity of his wife made by Mr. Seton. He
commented with great force upon the evidence for the prose-
cution, contending that as it stood before the jury it demon-
stratedthe
provocation the prisoner had received, and
vindictiveness on his part. With respect to
t ho
absence bot h
of
the long absence of Lieutenant Hawley from his regiment
since the fatal occurrence, it had not been the result of his
wobeiren free
excitedwill,
conducted
a butt t
his
es underthne
defence.tohfe constraint,theAfsattraoioccurrence, o popular feeling had
o and it hadas it were, of those
been thought right to allow time for that feeling to subside
before the prisoner should be put upon his trial ; and, moreover,
it was only an act of justice to Mr. Pym, the old friend of Mr.
Hawker, that his trial should take place under the most
favourable circumstance?, and if Mr. Pym and Mr. Hawkey
had been tried at the same time, Mrs. Hawkey being the
wife of one of the prisoners, Mr. Pym could not have ead the
benefit of her evidence. That was the reason the trial of
Mr. Hawkey had been ch ferred, but he had this day sur-
rendered to take his trial of his own free will and unre-
strained choice. Mr. Hawkey, however, was not tried under
circumstances so advantageous as. Mr. Pym, for by the law
he could not have the benefit of the evidence of his wife, who
could have detailed all the circumstances of provocation.
The Learned Counsel, in commenting upon the evidence, re-
presented the great danger that would ensue if juries were
to allow detached fragments of conversation, which had been
accidentally overheard, to bias their minds against a pri-
soner on trial for his life. He showed that no vindictivene,s
could be inferred from the practice in the shooting-gallery,
inasmuch as there had teen, in :fact, no practice at all, only
three shots having been tired, just suffizient to try the
pistols. The evidence also showed that both Pe in and
Hawkey were ignorant of the practice of duelling, for the
former was obliged even to observe how the pistol was loaded
by the man in attendance in the gallery. He called the at-
tention of the jury to the facts, that Seton was the challenger,
after the deadly injury he had attempted to inflict upon the
honour and peace of the prisoner; that at the meeting
Hawkev's pistol missed fire once, that in that position it was
impossible for him to propose an accommodation, while it
was quite in Seton's power, as the challenger, to have done
so, but lie persisted, and he consequently fired twice, while
dr. Hawkey had or.ly fired once. The Learned Counsel
then made some general observations on duelling, and the
law relating to it, the substance of which has already ap-
peared in the report of his speech on the trial of Mr. Peon,
and urged upon the jury not to inflict the last penalties of
the law upon a man who had met his antagonist in fair and
equal combat, and class him in the same cat-gory with the
secret and cowardly assassin. He challenged the production
of a case where a jury had convicted of wilful murder a man
who hat{ met his adversary in fair fight. He then contended
that no reliance was to be placed upon the last statement of
Mr. Seton, and beyond that there was no strict legal evi-
dence, such as the jury had a right to demand in such a case,
that the hand of Mr. Hawkey caused the death of Mr.
Seton. The Learned Counsel then argued that the cause of
death was not properly set forth in the indictment, inasmuch
as it was described as accruing from a leaden bullet, whereas
it was proved by the medical witnesses to have accrued
from peritoneal inflammation, resulting from the surgical
operation.

Ou cross-examination by Mr. Sergeant KINGLA/M, he
stated that he could not say who the gentlemen were whom
he saw on the down. One he did not know, and he did not
see the face of the other. Lieutenant Hockin, at whose
room he left the pareel, was the adjutant of the corps.
Mr. Hollingsworth, the keeper of the Assembly-room at
Soathsea, deposed to seeing Messrs. Hawkey, Pym, and
Seton at his rooms, on the night of the 19th, at a ball. Mrs.
Hawkey was there. He also stated that he saw. Seton leave
the room, and speak to either Mr. Hawkey or Pym (who
were sitting near the door). As he went out previously to
this, Mr. Hawkey and Mr. Seton had gone into the card-
room, and stayed some time.
Mr. Savage, of the Artillery, who was one of the stewards
of the ball on the 19th May, deposed to having seen Mr.
Hawkey, Mr. Seton, and Lieutenant Rowles at the ball, and
that Lieutenant Rowles had told him that Mr. Hawkey had
called Mr. Seton a blackguard and a scoundrel, and re-
quested him to try and arrange the matter, which he refused
to do. except in his capacity of steward. He then spoke to
Mr. Hawkey, who said that he had received an injury, and
not an insult, and therefore the matter could not be arranged.
He also met Mr. Hawkey the next morning, when he told
him that Lieutenant Rowles had called him out on the part
of Mr. Seton, and that he (Mr. Hawkey) had asked Mr.
Pym to be his second.
John Lewis Town, a merchant residing in Portsea. deposed
to the fact that as he was walking along Green-row, in
Portsmouth, on the morning of the 20th May, he overtook
Lieutenant Hawkey- and Mr. Pym walking towards South-
sea. He then heard Hawkey say to Pym, "I'll shoot him
like a partridge."
On cross-examination be stated that the words were "I
will," or "I would," shoot him like a partridge.
Mr. Thomas Fisk, a silversmith, living at Portsmouth, de-
posed to the prisoner having come to his shop on the morning
of the 20th May, and asked to borrow a pair of pistols to
shoot a match for 51. with, which he said he had made with
Mr. Pym. He (witness) showed him a pair, but told him
he could not lend them, as they were new. Mr. Hawkey
then bought the pistols, and they were sent to a gunsmith of
the name of Sherwood for Mr. Hawkey to try, as he (Fisk)
had no p!ace in which it could be done. They were ordi-
nary dueling pistols.
J-ohn Sherwood, who keeps a shooting gallery at Ports-
mouth, was then called, and stated that be remembered Mr.
Hawkey coming to his shop on the morning of the 20th of
May, and asking to have a few shots in his gallery, and that
he showed him up to the gallery. He had a few shots, and
then asked to borrow the pistols he had tried; but the wit-
ness told him he never lent pistols. Upon this Mr. Hawker
went away, but subsequently returned, prior to which a case
of pistols had been sent from Fisk's. Mr. Hawkey then
directed Sherwood to cast a few bullets for the pistols, which
he did, put them in the case, and it was sent up into the gals
len- for him to try the pistols.
George Powell, the servant of the last witness, proved that
some gentleman came on the 20th of 311 y, in the morning,
and had a few shots. He then went away, but subsequently
returned with another gentleman (both in undress uniforms),
and both tried the pistols for which the bullets were cast, as
stated by the last witness. One gentleman tired three shots
(the one who called first), and said, on firing one of the
shots, that "it was a d—d good pistol," and marked it with a
tool. He then asked the witness to let his friend see how
he loaded them, which he did.
On cross-examination he stated that the defendant took
deliberate aim at the target, and did net shoot in the way
called " snap shooting," which is the way used in duelling.
John Dennis, a preventive man, deposed to having gone to
Brown Down in consequence of what he had heard from
Marsh, when he was running for the surgeon, and of his
assisting to help a gentleman whom he found there wounded
and bleeding on board the Dream yacht.
John Daniels was then called, and stated he was walking
on Brown Down on the evening of the 20th of May, and
heard three shots fired, one first and then two together. He
afterwards went towards the spot, and saw two gentlemen
coming away, one of them had,a parcel. They went in the
direction of Green-lane, which is the way to. the Fountain
Inn. He did not know either of them.
William Wood, the landlord of the Fountain Inn, which is
about three miles from Brown Down, stated that he had been
from home on the morning of the 20th of May, but on his
return in the evening he was shown a parcel by his wife,
which he believed was a pistol case. It was -directed to
Lieutenant Hockin, or Hawkey, lie could not say which. It
was fetched away the next day by an officer's servant. He
also stated that his wife was too ill to come and give evi-
dence. On cross-examination he stated the parcel was in
brown paper and sealed.
Mr. W. Ellis, the masterof the Queen's yacht, the Victoria
and Albert, stated that Mr. Hawkey and Mr. Pym came to
his house on the evening of the 20th of May. Mr. Hawkey
told him that he had been grossly insulted by Mr. Seton,
and that Seton had challenged him. He, however, in no way
referred to the duel. Hawkey and Pym stayed there that
night. They went way the next day.
Lieutenant Hole, the adjutant of the Marine corps at
Portsmouth, stated that Lieutenant Pym was absent from
his duty on the morning of the 21st, and did not afterwards
return. He also stated that kr. Hawkey had been absent
from the 24th.
By Mr. COciaURN-31r. Hawkey has always borne the
best character in his regiment as an officer and a gentleman,
also peaceablel37. and humane man. I have known him
ever as a
rsince 8
Mrs. Stanmore was called, and stated the prisoner and
his wife lived at her house in May, 1845, that he left her
house on the afternoon of the 20th of that month, and never
returned.
Cross-examined by Mr. COCKBURW—On the 19th of May
Mr. Hawkey gave me some directions. He told me if Mr.
Seton called to see Mrs. Hawkey not tolet him stop long alone
with her, as he had dreadfully insulted her. Previously to
this Mrs. Hawkey had desired me to deny her to Mr. Seton.
She had told me two or three times that she was afraid of
him. Previously to this he had often called, generally at
times when Mr. Hawkey was absent at drill.
Mr. John Jenkins, a surgeon at Gosport, stated that he
was called to attend a wounded gentleman on Brown Down.
When he got there he found him on board the Dream yacht.
Ha then described the nature of the wound and the treat-
ment which he adopted. This was given at length in our
report of the trial of Lieutenant Pym. He then stated that
the wounded man (who was Mr. Seton) was carried to the
Quebec Hotel, at Portsmouth, when further advice was called
in. The patient, however, got worse, and on the 29th Mr.
Liston and two other medical gentlemen came down from
London, and, on consultation, it was decided to perform an
operation, which was accordingly done very skilfully by Mr.
Liston on the next morning.
At the close of this witness's examination-in-chief, Mr.
COOKBURN stated to the Learned Judge the course he had taken
at the trial of Mr. Pym. He had then proposed, both by cross-
examination and calling witnesses, to show that the medical
treatment which had been adopted was improper, and had
caused the death of Mr. Seton. Mr. Justice Erle had then
stated that he was of opinionthat if; according to the best me-
dical skill called into a wounded person, a particular opera-
tion was thought to be absolutely necessary as the only
means of saving his life, and the party died in consequence
of that operation, the person who inflicted the wound was re.
sponsible for the death, although the treatment were improper.
He, however, stated he would receive the tender of the evi-
dence, and reserve the point if it should become necessary.
He (Mr. Cockburn) now proposed taking a similar course,
but he would be content, in the event of the Learned Baron
being of a similar opinion to Mr. Justice Erle, to be placed
in the same position.
Mr. Baron PLAIT stated he entirely concurred with the
opinion given by Mr. Justice Erle, but that he would reserve
the point as he had done.
Dr. Mortimer, naval surgeon at Gosport, who was called to
attend Mr. Seton at the Quebec Hotel, deposed to the nature
of the wound and the course of the bullet through the body.
Six full days passed without any change in the wound. On
the 27th witness discovered an obscure pu!sation, indicating
that the mouth of the wounded artery had begun again to
throw out its contents. This was the first indication of danger
he discovered. The pulsation continued to increase, and on
the 29th the symptoms rendered further steps necessary.
Witness then had a consultation with Mr. Jenkins and Dr.
Stewart every day. The state of the tumour certainly ren-
dered an operation necessary. Without one the life of the
patient would have been in decided danger. Mr. Liston came
down and performed an operation in witness's presence, on
Saturday evening, the 31st, at ten o'clock. The operation
was tying the iliac artery. In witness's opinion no other
operation offered the same chances of success. Mr. Seton
was a little exhausted after the operation, but the operation
was perfectly successful, and the pulsation entirely ceased.
Mr. Seton died on the Monday. Witness was present at the
past mortcot examination, and saw that the course of the
wound was superficial on the muscles of the belly, and then
divided a branch of the iliac artery. In witness's judgment
peritoneal inflammation was the immediate cause of death.
The gunshot wound was a dangerous one.
Cross-examined by Mr. Commum—The peritoneal in-
flammation subsequent- to the operation was, in witness's
judgment, the immediate cause of death; but if no operation
had been performed, it was a matter of opinion whether the
wound itself would have caused death. if it had, it would
have been death in a different form—from hemorrhage, and
not &cm peritoneal inflammation.
Dr. Stewart, surgeon, was examined—From the first mo-
ment he saw Mr. Seton, he considered him in imminent
danger, and communicated that fact to his friends. The
witness also described the nature and course of the wound,
and generally confirmed the preceding medical tes-
timony. On the Sunday morning after the Operation Mr.
Seton was much worse, and witness communicated his danger
to him. The witness proceeded to say, Mr. Seton repeatedly
inquired my opinion, but I evaded the question as much
as
I could; but he said, "I am not afraid to die." This was
night.
h. theret pwroiasey
towards Monday morning. He said, " I am mast thankful
roarntogl dtohPhermni
to you and the medical Inert who have attended me. lam
duri
osnanoidtt,th,h,ienlklreeatpshteaehtreotonie—syt(:huoe:laee:init
aware of
h
dt lirde
before,world. IHken
ow repeatednotw
hto y rite ea
ma
se:: conversation s oenw
he
t had d
wchiatnhellet?;
He had previously received the sacrament.. He P had bitterly.
- his lawyer and made his will on the Saturday morning seen
to the operation. He appeared to believe what 1 said,
that there was no hone for him. This was between six and
seven o'clock on Monday morning.
By Mr. COCKBURN—I sat up with him all night. It was during
the night that he asked me if there was any hope. It was
on the second time he asked me that I told him there was
was not the least hope. He did not afterwards repeat the
question. He died about seven o'clock on the evening of the
Monday. I was with him repeatedly in the course
of Monday. He asked me in the coarse of the

Cross-examined—Did nut suppose that he (witness) was of
any worse temper than other people. He had laid hold of the
prisoner's collar with his finger and thumb only. Did not
wrestle with him, nor anything of that kind, and did not pull
him by the lair of the head.
Mortimer said their master was some considerable time
away before he entered the stable the second time. Saw the
prisoner strike his master, as stated by the latter. Mr. Holtby
first got hold of the prisoner somewhere about the breast. He
afterwards laid hold of him by the hair.
Cross-examined—Was quite sure that Mr. lloltby laid hold
of the prisoner's hair, and did not know but he was pulled
down on one knee. The prisoner struck with the handle-and
of the fork. Witness had told Mr. Holthy that a person
named Blueman, who was at work in a farm close by, had seen
him pull the prisoner's hair.
Air. Sergeant WILKINS submitted to the jury that it was
a case of DO more than a common assault. The prisoner,
though he had done wrong, had no such intention as that
imputed by the indictment, and the prosecutor's other ser-
vant, Mortimer, had contradicted him in one material parti-
cular, relating to the pulling the prisoner by the hair, which
showed that Mr. Holtby had betrayed much more heat of
temper upon the occasion than he was himself willing to
admit.

His LORDSHIP remarked, in summing up; on the fact of so
much time having elapsed between the prosecutor's going
out of the stable, and his return to it, and which showed
that the prisoner, notwithstanding any provocation he might
have endured, had had time fur reflection. If the prose-
cutor had been killed by the blow it would have been murder
in the prisoner.—Verdict, Guilty geneially.

NORFOLK ClRCUlT.—Bedford, July 15.
NISI PRIUS COURT.—(Before Mr. Baron ALDERSON and
a Special Jury.)
COULTAS V. I3ODrEs, CLERK.
The trial of this cause occupied the Court yesterday and
to-day. The evidence was similar to that adduced when the
case was lately before the public.
Mr. Baron ALDERSON summed up the case to the jury
with great minuteness, leaving it to them to say whether
they gave credit to the story told by the Smiths and the
other witnesses, who had chiefly deposed to conversations
and matters short of an absolute and direct inculpation of
the defendant. If the principal witnesses seers/ deserving of
credit, there could be no doubt but that the case was conclu-
sively proved against the defendant; but it was for the jury
to weigh well and consider their testimony, and test it by the
application of reaeon and probability. It was not enough that
witnesses should depose directly to the commission of such
an offence as that laid to the charge of the defendant; but
their story ought to be consistent with itself and with pro-
bability. Of this the jury were the best judges; and it
would be for them here, as in all such cases, to come to a
conclusion hostile to the defendant only upon clear and un-
doubted prosf, the onus of which lay upon the plaintiff.
The jury, at the close of the Learned Judge's observations,
begged for permission to retire, at six o'clock, and remained
locked up till half-past twelve, when it being intimated to the
parties and the Learned Judge, who had retired to his lodg-
ings, that there was not the slightest probability of their
arriving at an unanimous verdict, after some deliberation and
discussion it was assented to on both sides that they should
be discharged. The jury accordingly repaired to theiJudge's
lodgings, and where there by him released in due form from
their confinement.

POLICE INTELLIGENCE.
MANSION-HOUSE.
CONSPIRACY TO DEFRATTD.
George Marrictt, alias Charles Metcalf, alias Mr.
Mellish, of the firm of Neill and Mellish, of Austin-
friars, was brought up for re-examination upon charges
of having conspired with other persons to defraud trades•
men in the city of London of goods of considerable value.
The court was crowded, and the new- distinct cases
were entered into. Mr. Humphreys attended for the
prosecution.
The following is the additional evidence in the first
case which was brought against the prisoner on the 6th
of June, by Messrs, Neville and Jourdain, hosiers and
warehousemen, of No. 11, Gresham-street, West.
William Mart, warehouseman to the prosecutors, said,
about the 6th or 7th. of May, the prisoner called at our
warehouse and gave me a card, G. Marriott and Son,
ironmongers, 16, Great Trinity-lane, London. He said,
he had be-n recommended to us as a respectable house,
and having a son is Australia, to whom he was in the
habit of sending ironmongery goods at diffe7ent periods,
and the last letter received here, expressed the wish of
his son for a small a:sortment of drapery and hosiery
goods, he called with the view of purc,asing a parcel of
that de,criptioa of goods to the amout of 1001. or a little
more. He said the goods must be ready by the Tuesday
following or they would be too late to go by the vessel,
and he then gave a reference to Messrs. Neill and
Mellish, No. 3, Austin-friars, merchants, who,. he said,
had known him some time, and would testify as to his
respectability, and he would call on the following
Monday to ascertain whether we were satisfied with
the reference. He did so. We had sent a clerk to
Neill and Mellish, and I told the prisoner that, a,
far as the reference was concerned, it was satisfac
tory, but we did net know anything of Neill and Mellish.
but would make inquiries about them. He then inquired
the usual terms upon which we did business. I told him
two-and-a-half discount for prompt cash, or an accept •
ance at three months. He said he thought he should
avail himself of the acceptance, but he was not quite
sure. I asked him how the goods were to be disposed
of, and at what docks they were to be delivered? He
said, that having to send other goods by his own
cart, he would not trouble us to deliver them; his car-
man should call on Tuesday with an order from him for
their delivery. We therefore packed up goods—namely,
35 dozen socks, 86 dozen stockings, and a variety of
other articles, to the gross value of 1331. 14s. 10d., but
we received no bill, or any other security, for the
payment.
Mary Ann Watts, housekeeper of the house No. 3,
Austin-friars, said, I have been housekeeper there for
tnheearpl) fifteen years.
r-isonerasmr It
.me bilisehl,oniguswthoieMhr. name ehhre
took
know
okthe
office on Monday before Lady-day, in company with
Mr. Neill. I showed the offices to them, and they went
to Mr. Fisher to agree about the rent. A brass plate
Neill and
oo Mtehle-
lwirh. pustecuopnodn
fltohoer.,dooTr,hea; follows:
took .
p
Monday following. Their clerk called the prisoner Mr.
Mellish in my presence. I saw the prisoner there occa-
sionally for about three weeks. After that he only came
occasionally. Mr. Neill told me he was in the shipping
line. The cnuntingshouse was ready furnished, and
there were two rooms, and each room led on to the
staircase, so that any one could go into one room and
pass into the other, and then go down stairs again.
They had no goods of their own, but they brought some
pens and ink, and after a few days they brought four
maps to hang up. The old clerk left on the 29:1 of
May last.
Cross-examined—The prisoner told me himself his
name was Mr. Mellish, and I saw him write it on paper
for the plate, and I have heard him called Mr. Mellish
repeatedly., and never saw any one of that name there
but the prisoner.
Mary Shelton, said, I am housekeeper, at No. 16,
Great Trinity-lane, which belongs to Mr. James.
May last, the prisoner occupied the warehouses there.
The card produced, " Marriott and Son, Ironmongers,"
is one of his ; I never saw ironmongery there. A
truck-load of paper and some empty cases were all
saw there. I answered messages for about the first
week, and the porter answered afte:wards. The pre-
mises were abandoned. The prisoner went away first,
and then the man.
A carman, who was employed by one of the prisoner's
companions to call at Messrs. Neville and Co. for the
hosiery, stated, that by direction of the man, he con-
veyed the goods to No. 2, Oxford court, Cannon-street,
where he left them in the belief that he had been em-
ployed by Messrs. Neville, who said that h 3 should be
employed agai i by them
W. K. Milwood. clerk to Messrs. Neville, and Co.,
stated that he inquired at No. 3, Austin-friars, of Mr.
Neill, of the firm of Mellish and Neill, into the re-
spectability of Mr. litarriott, of Great Trinity-lane, and
received from him a most unexceptionable character.
Mr. G. Bryson, accountant, of Basing-lane, stated that
he was engaged as agent for Mr. James, the owner of
No. 16, Great Trinity-lane, and that he let the ware-
house to him about the week after the quarter day. He
saw the prisoner write on two or three oeclsions. an I to
the best •Jf his belief, the papers produced (the order for
delivery, and a letter addressed to Neville and Co.,
dated June 10, 1846), were in the prisoner's hand writ-
ing, as were other papers produced.
The second case brought against the prisoner was as
follows :

Mr. COCKBURN having concluded his most eloquent ad-
dress, called Colonel Swaile, Colonel Gordon, Colonel Ste-
phens, and a great many officers of the Marine corps and
other gentlemen, who gave the prisoner the highest cha-
racter as an officer and a gentleman, and as a person of a
very peaceable and kind disposition.
Mr. Baron PLAIT then proceeded to sum up the case to
the jury, and laid the law down to them to be, that if two
persons go out to fight a duel after previous quarrel, and one
kill the other, all persons, whether principals or seconds, are
guilty of murder. If, therefore, they thought that the evi-
dence in this case made out to their satisfaction that Mr.
Hawkey bad shot Mr. Seton in a duel, it would be their
bounden duty to find him guilty on the present indictment.
He then went minutely through the evidence, commenting
upon it as he went on ; and concluded by telling them, that
whatever they might think the provocation bad been to the
prisoner by the conduct of Mr. Seton to his (the prisoner's)
wife, and however they might commiserate the wounde.i
feelings of the husband, yet they must not allow that feeling
to prevent them doing their duty; and if, therefore, they
thought the charge was made out in evidence against the
prisoner, they were bound to convict him.

At the conclusion of the Learned Baron's address, the jury,
without the hesitation of a single instant—almost, it might
be said, without the formality of consulting together—re-
turned a verdict of Not Guilty.
The announcement waa received with a vehement burst
of approbation, which the officers of the court strove in vain
to repress. This Learned Judge commanded silence, and was
compelled to order one of the wet prominent and noisy of
the crowd into custody. The culprit, however, managed to
abscond ; and, in truth, nobody seemed disposed to make
very violent efforts for his apprehension.

Lieutenant Hawkey, immediately on his liberation, was
surrounded by friends and brother officers, offering him their
hearty congratulations; and upon his exit from the court he
was loudly cheered by the people.
Mr. Baron Platt was also saluted with he2rty huzzas as
his carriage passed through the streets of the fine old city of
Winchester.

NORTHERN CIRCUIT:—York, July 15.
CIVIL SIDE.—( Before Mr. Justice WIGIITMA N.)
DYSON V. QUAEMLEY.
Mr. Baines and Mr. Hugh Hill were counsel for the plain-
IT, and Mr. Knowles and Mr. Hoggins for the defendant.
This was an action on the case, brought to recover compen-
sation far certain slanderous words uttered by the defendant,
concerning the plaintiff. It appeared that the plaintiff, Mr.
Eli Dyson is a manufacturer, residing near Huddersfield, and
the defendant a clothier and farmer, living in the same neigh-
bourhood. The expressions complained of had been used by
the defendant upon the occasion of his being at a public-
house, called the Horse and Groom, where, in the presence
teed hearing of other persons, he had spoken in a slanderous
manner of the plantiff's character and circumstances, imput-
ing to him insolvency and dishonesty. The defendant there
said aloud, that the plaintiff had mortgaged his property, ex •
presaly referring to an estate called "The Sow ;" teat he was
going " to bank" (meaning, as understood, to become a
bankrupt); that he could not pay ss. in the pound; and that
he was a Legue and a thief, and that he (the defendant)
could prove it.
Mr. KNOWLES, for the defendant, ridicule,' the plaintiff's
case, as one which ought never to have become matter for
litigation, and which never would have but for the activity
of some friend of the plaintiff, who expected to profit by the
suit. 'The differences between the parties had their origin in
a state of parish quarrels, existing at the spot where they re-
sided, and it was attaching undue importance to the
words used, and which were uttered in a drunken dispute at
a public-house, to say that they were calculated to do the
plaintiff any substantial injury.
His LORDSHIP said that it appeared difficult to consider the
words of the defendant as any other than imputing to
the plaintiff that he, being a man of trade, was in a state of
insolvency, and that he was shout to become a bankrupt. If
the jury thought that to be the meaning, they then would
have to decide what, damages the plaintiff was en itled to,
he being, on such evidence, entitled to their verdict.—Ver-
diet for the plaintiff—Damages, 50!.
CROWN COURT.—(Before Mr. Justice CRESWELL.)
POACHING AFFRAY.—George Barks, aged 26, formerly a
grinder at Sheffield, was indicted for having on the 26th of
May, at Handsworth, in the West Riding, feloniously shot
at Thomas Longden, with intent to do him grievous bodily
harm.
Mr. Pashley, with whom was Mr. Boothby, appeared for
the prosecution; and Mr. Bliss defended the prisoner.
It appeared that the offence was committed upon the manor
of Mr. Michael Joseph Ellison, whose game-preserves are in
the manor of Sheffield and Handsworth. His keeper, Joseph
Jagger, on the date above gated, was going to bed, when he
heard some one fire a gun, which induced him to open the
window and look out. He then saw two men at a short dis-
tance, one of whom was the prisoner at the bar. He and his
son, a boy about fourteen or fifteen, then went out, and into
Lambs-hill Wood, which is near his house. The prisoner was
seen to have a gun, and the two men went onwards to the
land of Mr. Hutchinson. Jagger called out to them, and
said, "Now, lads!" when the men appeared 83 if intending
to make their escape. But the prisoner first relied his gun
to his shoulder, and said, "Nose, your eyes, if you
follow I will blow your brains out." To that Jagger an-
swered, " I thiele we can do without that." The two men
then went on. Jagger gave his son some instructions, and
the latter left; and shortly afterwards Jagger, his son, and
Longden, all came upon the two poachers at a gate to which
the firmer had followed them,
while young Jagger was going
for assistance. At that spot the two men drew up, and the
prisoner, addressing his companion, salt
go ioonhirn I ''' g o
into Vother?"
•1, ~. 'Von Igo into him ?"
the other answered, " Yes, go into him." The prisener upon
that lifted his gun, and fired it at Longden, who fed down, "
l‘Ult
The other man said, "Yes,
The prisoner then asked,
No further shot,
however, was fired; and the two men ran off,
and got into a
lane, where they were lost in the pursuit. Longden had
suffered much from the shooting The surgeon who came to
him found pellets of shot in his °arms, over his breast, in his
thighs, and also in the pit of his stomach. The prisoner was
but a few yards from him when the gun
Mr. Bless submitted to the jury that the prisoner had not
been completely identified as the person cominitting the act,
and called some witnesses, who
The Learned JUDGE said that it had
gave the •
peisoner a very high
character. was discharged.
The jury, after hearing his Lordship's summing up, delibe-
example in the present instance. Had
rated far a short time, findine• the prisoner Guilty.
pened for a loss of life to result from the'e acts of outrage,
so frequently hap-
that his Lordship's duty required of him to make a se.vere
Longden been killed
Matthew Harbron, aged 19, was
the prisoner's crime would have been murder, and then he
must have incurred even a much more dreadful sentence,
and without any hope of his life being spared him. The sen-
tence was, that for this offence he be
of fifteen years.
prosecu-
tion; of April, at Knapton, in the East Riding, feloniously
wounded John Holtby, with intent do him some grievous
to
tiot I;r.aßnldissmra.nsderllera.nPtulidlielikninws earepceoaurendsetlofodreftehned.
bodily harm.indict transporteded fo r h foravi
having,
hge,
on
nertihode
living at Knapton, and that the prisoner,
. John Holtby, on examination, statedp that he was a farmer,
other things, to look after some of the who was a distant
relation by marriage, had for some time lived with him as a
servant upon his farm, it being the prisoner's duty, among
farm horses. On the
13th of April, the prisoner, who had that day been at plough,
was in the stable along with a lad of the name of Mortnner,
when he (the prosecutor), who is a man of about sixty years
of age, wcut thoro ti? Omit The pre utQr c9roPlfuntd 0

Mr. Benjamin Wilson, hat manufacturer, Walbrook,
said the prisoner came on the 23d or 24th of April to
our warehouse for the first time, and presented a card
with the name Marriott and Son upon it. He said ho
wanted a parcel of goods to the amount of about 1001.
for his son in Australia. and his terms were what we call

day how I ihought hint._ I told him I thought worse. This
was about two o'clock. He did not say he was better and
felt free from pain. The statements he made to me followed
immediately on my Oiling him that there was no hope.
Hia question to me in the course of the day did not imply
that he had the faintest hope.
By Mr. RAWLINSON—IIe said that had the duel taken
place at six paces, Lieut. Hawkey would have been placed in
his position and he in Mr. II iwkey's. He said he was per-
fectly innocent. He said, " I know not why I have been
shot if I were to die this moment." There was very little
conversation, after that. With respect to the pistol, he said
he saw Lieutenant Hawkey present his pistol which did not
go off, and he saw him a second tune present his pistol, which
did go off, and the ball from which passed through his (Mr.
Setoffs) body. He said, " I fired myself on both occasions."
I asked him if he was sure it was Hawkey who fired the
pistol ? and he said, " I have no doubt of it."
By Mr. Sergeant KINGLAKE—There were two causes of
death, primary and secondary. The first, the ball which
passed through his body; the second, the inflammation of the
peritoneum. If the operation had not taken place, death
would have ensued from hemorrhage.
By Mr. RANvelasox--The operation was a trernendona one.
The deceased was so stout that it, was necessary to cut to a
great depth to reach the artery.
Dr. Allen, a surgeon of Haslar Hospital, was called by the
prosecution, and cross-examined by Mr. COCKBURN—Ho
stated that in his opinion the immediate cause of death was
peritoneal inflammation, brought on by the operation.
By Mr, M. §rulli‘i-Tho ball nuadv4 fra4ll Artery;

cash, but not money down ; and we agreed to let him
have some, and asked him for a reference, and ho gave
us a reference to Neill and Mellish, Austin•friars, and
he was to call again in a few days. After we received
a report from our clerk as to the reference, we agreed to
execute the order.

The clerk to the last witness stated that upon calling
at Austin-friars ho saw Mr. Neill, who gave the prisoner
an excellent character.

Sergeant Dubois (No. 14 N) of the metropolitan
police, who took the prisoner int) custady at Stockton,
proved that the prisoner was living there in the =tune

of Aletenlf, and that upon being asked whether he hal
any children, he said " none alive."

The third case against the prisoner was brought by
Mr. Craggs, wholesale fancy stationer, of Budge-row,
Mr. C. A. Crago, in the employment or the pro.
secutor, said, on the 29th of April the prisoner earae to

us, and askea me if we could execute a ,hippitig order
for him to go to Australia to a son h 3 had there. He
presented a card wi:h Marriott and Son upon it. We
told him we could, and we told him our terms were
cash, or three months with a very respectable reference.
He referred me to Neill and Mellish, No. 3, Austin-
friars.—(Laughter.) He said I was to call any hour
between ten and four o'clock, they being merchants,
and that they were executing an order for him at the
same time. I told them I would call the next day upon'
thew, an 4 I weal there And etirt a geutlemm wh9