The Sun.
London, England, 1846-07-17 00:00:00

No. 16,794.

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'.llllllt, the defendant upon the oceasion of his being at a public-
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ing to him insolvency and dishonesty. The defendant there
said aloud, that the plaintiff had mortgaged his property, ex-.
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pressly referring to an estate called " The Sow ;" that he was
going " to bank" (meaning, as nBu. in thederstoodpo,utnod
;baecondmtheaat
--- - • - - L. - bankrupt); that he could not pay 5
he was a rogue and a thiet; and that he (the defendant)
could prove it.
Mr. KteowLas, for the defendant, ridiculed 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
suite-- 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 LORD.ITTIP said that it appeared difficult tosonsider the
words of ..,e defendant a; any other than imputine to
the plaintiff that he, being a mail of trade, was in a state of
insolvency, and that he was about to hecome a bankrupt. If
the jury thought that to be the meaning, they then would
have to decide what damages the plaintiff was entitled to,
he being, on such evidence, entitled to their vsrdict.—Ver-
diet for the plaintiff—Damages, 501.
CROWN COO R.T.—( Before Mr. Justice CRESSWELL.)
POACIIING AFFRAY.—George Barker, 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 Thotnas Longden, with intent to do him gritvous 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 liandsworth. His keeper, Joseph
Jagger, on the date above stated, 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 die-
t ance, 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 as if intending
to make their escape. But the prisoner first raised his gun
to his shoulder, and said, "Now, your eyes, if you
follow I will blow your brains out." To that Jagger an-
swered, " I think 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 former had followed them, while young Jagger was going
for assistance. At that spot the two men drew up, and the
prisoner, addressing his companion, said, " Mon I go into him ?"
the other answered, " Yes, go into him." The prisoner upon
that lifted his gun, and fired it at Longden, who fell down.
The prisoner then asked, " Mon I go into t'other?"
The other man said, "Yes, go into him.' No further shot,
however, was fired; and the two men ran off, and got into a
lane, where they were lest 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 was discharged.
Mr. BLISS submitted to the jury that the prisoner had not
been completely identified as the person committing the act,
and called some witnesses, who gave the prisoner a very high
character.
The jury, after hearing his Lordship's summing up, delibe-
rated for a short time, finding the prisoner Guilty.
The Learned JUDGE said that it had so frequently bap•
peued for a loss of life to result from these acts of outrage,
that his Lordship's duty required of him to make a severe
example in the present instance. Had Longden been killed
the prisoner's crime would have been murder, and then be
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 betrausported for the period
of fifteen years.
Matthew Harbron, aged 19, was indicted for having, on the
13th of April, at Knapton, in the East Riding, feloniously
wounded John Holtby, with intent to do him some grievous
bodily harm.
Mr. Bliss and Mr. Pullein were counsel for the prosecu-
tion ; arid Mr. Sergeant Wilkins appeared to defend.
John Holtby, on examination, stated that he was a farmer,
living at Knapton, and that the prisoner, 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
other things, to look after sonic of the 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 Mortimer,
when he (the prosecutor), who is a man of about sixty years
of age, went there to them. The prosecutor complained to
the prisoner that he, the latter, was neglecting hit 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 haying 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
saerament, 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 some one else do his
work, if he would not do it himself. He took the prisoner
by the collar, but only gently, and desired him to go
out. lie would not do eo, but told him that if he came
into the stable again he would split his skull for
him. Mr. Holtby then went out, but returned in ten
minutes, and the prisoner then struck him over
the head with a pitchfork. lie had en a hat, however, which,
being mush too large, had been lined with some thick folding
of brown paper, which considerably lessened the 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 front
which the blood flowed profusely. The prisoner, p,rceiving
that they were sending for a policeman, exclaimed, " D—a
him, he is now going to have his revenge, but I have had
mine."
Cross-examined—Did not 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 hair of the head.
Mortimer said their master was some considerable time
away before lie 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. Holtby 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-end
of the fork. Witness had told Mr. Holtby that a person
named Blueman, who was at work in a farm close by, had seen
him pull the prisoner's hair.
Mr. Sergeant WILKINS submitted to the jury that it was
a case of no more than a common assault. The prisoner,
though he had done wrong, bad 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 for reflection. If the prose-
cutor had been killed by the blow it would have been murder
in the prisoner.—Verdict, Guilty generally.

PRICE sn.

NORFOLK ClRCUlT.—Bedford, July 18.
NISI PRIUS COURT.—(Before Mr. Baron ALDERSON and
a Special Jury.)
COULTAS V. BOWES, 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 were 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 reason 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 proof, the onus of which lay upon the plaintiff.
The jury, at the close of the Learned Judge's observations,
begged fur 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 lto.dg-
ings, that there was not the slightest probdanertyatoifon their
arriving at an unanimous verdict, after so
0 him released in due form (rota
lodgings, and wborw thine assenteddbeiseduissCsilioarngietlwasThe jury
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their connneinent.

VISCOUNT HARDIN GE'S
ANNUITY BILL.
HOUSE OF LORDS, JULY 16.
MINORITY.
DUKES. EARLS.
Buckingham Waidegrave
Richmond Oxford
MARQUIS. Scarborough
Ailasbury LOMA.
Beresford
Combermere
De Ll5ll
PAIRED.

LORDS,
Lake

Kenyon
Gardner
Redesdale
Glenelg
Keane

LIAM
Charleville
Sheffield

Berwick,

Duke of Beaufort
Earl of Cardigan
Lord Brougham

Marquis of Sanatory
Earl of Denbigh
Lord Southampton

PARLIAMENTARY BUSINESS.
(From the Votes and Proceedings of the House of Commons.)
THURSDAY, JULY 16.
Messengers from the Lords brought up the following Bills,
to which their Lordships had agreed :
Amendments to Dublin and Kingstown Extension Railway
Bill, without amendment—lievwood Waterworks Bill—
Sheffield General Cemetery Bill-LGlasgow Municipal, Police
and Statute Labour Bill, with amendments.

RAILWAYS.
Lynn and Ely (Extension to Spalding).
Lynn and Ely (Extension to March).
Committee to meet on Friday, July 24, at twelve.

NOTlCE.—Messrs. Ferguson, of Holme Head Works
(trading under the firm of Joseph Ferguson),having a second
time obtained an injunction in the Vice-Chancellor's Court
against the use of their trade marks upon Silesias, and it
having been deposed to at the trial that other houses besides
the defendant had so used them, Messrs. Ferguson give this
public notice, in the hope that it will be a sufficient warning
to the parties in question, and obviate the necessity of fur.
ther proceedings. Holrae Head Works, near Carlisle June
30,1846.
[ADVERTISEMENT ]—A NOBLE DUKE AND HOL-
LOWAT'S Pna.s.—Professor Hollo Aay has lately been honoured by-
the personal thanks of one of the most rettc,wited dukes of tbs.
realm, who (like the Earl of Aldborough) has been cured of a liNvt
and stomach complaint of some years' standing, attended wills
great weakness and debility, by the means of Holloway's celebrated
l'ills, and this after physician's skill *as tried in vain. Dropsy.
paralysis, asthma, and diseases of the lungs, have nearly all their
origin in disordered livers and stomachs, which a few timely doses
of Holloway's Pius will cure.--Sold by all dealers in medicines, and
at Professor Holloway's Establiahment, 244, Strand, London.
CAPTAIN WARNER'S JWVENTION.—It has been con-
fidently made known to tis, that, in the event of the Govern-
ment purchasing the *invention of Captain Warner, the
Russian Government is prepared to pay a large sum of
money to a gentleman of our acquaintance, who claims to
have a knowledge ,of Mr. Warner's invention, upon be lug
put in possession of; the secret. We have also been baformed
that the negotirdion, which had been before entered upon,
and subsequentky- dropped, has been re-opened,/ The .Patent
Journal.