The Sun.
London, England, 1834-09-08 00:00:00

OLD BAILEY SESSIONS-(THIS DAY).

OLD COURT.

The COMMON SERJEANT took his seat on the Bench shortly
after nine o'clock, but could not proceed with business in con-
sequence of the absence of witnesses. The Common Ser-
jeant said the time of the Court was continually loigt in this
way, and something must be done to enforce the attendance of
witnesses.

Joseph Ady was again called this morning upon his recog-
nizance, but did not appear. His solicitor put in a certiorari
for the removal of the trial to the Court of King's Bench.
Mr. Justice ALDERSON said that the Act of Parliament
stated in direct terms that in the offence charged in the in-
dictment the trial should not be removed by certiorari. The
Court would however receive the writ, and obey it as far as it
could consistently with the Act of Parliamest.. The proper
application to make to the Court would be to postpone the trial.
The Solicitor thanked the Court for its suggestion, and said
he would instruct Counsel to make the proper application.
The Jury this morujng handed to the Court a recommenda-
tion to mercy on the behalf of Goodwin, who was on Saturday
convicted of stealing a letter from the General Post, contain-
ing 6,000/. in bank-notes and bills.
Richard Davidson, a respectable-looking man, aged 32, was
indicted for the wilful murder of William Clubb, on the sth
of July.

Mr. BODKIN, on behalf of the prisoner, took several objec
Lions to the inquisition.

Mr. PiiiLui;, on behalf of the prosecution, submitted that
the inquisition was good.
Mr. Baron ALDERSON was inclined to think the inquisition
was bad, but would reserve the point.
Mr. PHILLIPS then proceeded to address the jury on behalf
of the prosecution, in the outset of which he stated he did not
mean to press against the prisoner the charge of murder—the
offence, if anything, was manslaughter.
. Mr. BODKIN said on behalf of his client he wished to with-
draw his plea of Not Guilty to the charge of manslaughter.
Mr. BARON ALDERSON said that the adoption of such a
course by the prisoner would not decrease the punishment.
The prisoner then persisted in his plea, and
Mr. PHILLIPS continued his address to the jury. From the
statements of the Learned Council it appeared that the de-
ceased and the prisoner were shopmen together. Some m;s-
understanding took place between them, the prisoner was
dragged out to fight with the deceased, when the wounds were
received that caused his death.

Henry Hall was a copper-smith, knew the deceased and
prisoner on the sth of July • saw them together at Beckett's,
the White Raven. The deceased talked rather loud there,
and annoyed the prisoner, who was making out the accounts
of a club that was held there. The prisoner told the de-
ceased to be quiet ; he said he would not. A quarrel took
place. Clubb left the room, calling upon the prisoner to come
out like a man. The prisoner threw a spittoon at the de-
ceased, which nearly hit the landlord. The prisoner then
went out, qnd on coming in again he asked witness if his eyes
were black, observing, I have given Clubb a blow here, point-
ing to his chest, which if he don't feel to-night he will to-
morrow. The deceased was so much injured that he was taken
to the London Hospital.
William Wedlake was in the White Raven on the sth of
July ; a quarrel took place between the deceased and the
prisoner ; a scuffle took place between them, Clubb came into
the yard to witness and shewed him his shirt covered with
blood. The prisoner, who jumped out of the window, was
taken by a policeman.
By Mr. BODKIN—CIubb was the much stronger man of the
two.

Robert Flack, the pot-boy of the White Raven, stated that
he saw Clubb come out of the parlor, followed shortly after-
wards by the prisoner. He began to fight, several blows were
struck, and the prisoner fell down three times. Saw the pri-
soner put his hand in his pocket before he struck Clubb on
the stomach. Both were in a very great passion. - The prisoner
was not knocked down but fell more out of cowardice than any
thing else.
By Mr. BODKIN—CIubb took the prisoner by the collar and
pulled him out. Clubb was by far the strongest man and the
prisoner had no chance with him. Clubb tried to strike the
prisoner the last time he was on the ground but was prevented.
That was after Clubb had been struck on the stomach. When
the prisoner would not get up Clubb swore several times and
said he should get up.
By Mr. Justice WILLIAMS—The prisoner had had enough.
Edward Hutchinson was at the bar of the White Raven
taking a glass of something on the evening in question. Saw
Clubb come from the parlour, followed shortly afterwards by
the prisoner. Saw something in the prisoner's hand. Saw
them afterwards fight, and Clubb covered with bipod.
Mr. Bland, a pupil of the Lonllon Hospital, described the
wounds the deceased had received when he was brought into
the Hospital. The deceased died in consequence of the in-
flammation attending the wounds he had received. The wound
'on his chest was about an inch deep, and appeared to have been
made with a small knife.

By Mr. BonKlN—The wound would not have been mortal
but for the inflammation. Did not think a sharp pointed steel
pen could have inflicted the wound.
Dina Forward stated that the instrument which had inflicted
the wound had gone through no other part of the deceased's
apparel but his shirt:
Thomas Smithers, a policeman searched the prisoner and
found on him a knife, which he stated, in a very agitated
manner, he had used to cut the man.

This was the case for the prosecution.
The prisoner expressed his regret for what had occurred,
and called several persons who gave him an excellent character
for humanity.

The jury found the prisoner guilty of manslaughter, under
great provocation.

Rol,ert Cummings was indicted for cutting and maiming
John Grove, a policeman, in the execution of his duty, on the
6th of August.
John Grove, a policeman, B 125.—0 n the night of the
6th of August was on duty in Queen-street, Pimlico. At a
public-house, called the Compasses, saw the prisoner and two
other men, and a woman, raising a disturbance. The woman
was very drunk. Told them to go home, but they would not ;
said he could not suffer them to be there at that time of night;
they still persisted in staying where they were. On the Ser-
geant coming up, he desired witness to take the female pri-
soner to the watch-house. The prisoner said they should not
take her; she should go home with him. Witness told him
not to interrupt him in his duty, because if he did he should
be obliged to take him in custody too. The prisoner then let
her go. Several other policemen came up as witness was
taking the female to the watch-house ; and witness and a po-
liceman, named Drake, were directed by the serjeant to return
and take the prisoner into custody for attempting to rescue
the female. On going up to the prisoner, he asked
witness what he was going to do with him, to which
witness said he was going to take him to the watchhouse. He
said he would not go, and after using most opprobrious lan-
guage, lie put his hand in his pocket, took out a knife, and
attempted several times to stab witness, but only cut his
finger, witness parrying the blows with his truncheon. When
they got to the watchhouse the prisoner kicked and used him
most shamefully, swearing that he would serve him out, and
did not care for anybody, as they could only give him three
months.

Cross-examined by Mr. STAMMER—Did not receive the
wound in attempting to get the knife from the prisoner.
Verdict--Not Guilty.

NEW COURT.
(Before the RECORDER.)
Eliza Kinq was indicted for stealing a watch, value 305.,
and a watch-key, value 305., the property of William Baird.
The prosecutor deposed that he was returning from Isling-
ton to Edmonton, on the night of the 10th July, and at the
corner of Waggon and Horse-lane, met the prisoner ; shortly
afterwards she went off, and witness missed his- watch. He
went for a police officer, and proceeded to her residence,
when she came down stairs, and said, " Oh, you are come for
your watch—l meant to return it to you in the morniti; I
only took it in a joke." Witness knew the prisoner very well,
and where she lived, and she knew him.

Foster, the officer', deposed, that when he went with the last
witness to the prisoner's residence, the prosecutor said he
would give her ss. if she gave up the watch. She said he
had dropt his watch, and that she had picked up, and meant to
return it in the morning. Witness attempted to take her into
custody, but her brother and sister interfered, and witness
went off and returned in the morning and took her into custody.
—Not guilty.
Henry Lear was indicted for the manslaughter of Eliza
Fox, on the 29th June last, by driving over her with a cabriolet
and horse.

Policeman S, 124, deposed, that on the 29th June the pri-
soner was given into his charge with his cab and horse. The
prisoner said he had pulled up as fast as he could, and that he
was very sorry for it. The prisoner has an impediment in his
speech.
_ _

Richard Pritchard deposed that he resides at Eton Lodge,
Hampstead-road. He was standing at his garden gate, and
saw a gig approaching. It was going as fast as the horse
could go. Immediately afterwards saw a cab approaching in
the same direction at a furious rate, the horse galloping. This
was about half-past Bin the evening. One of the men in the
gig beckoned to the cab-driver (the prisoner at the bar) as if
inviting a race. Shortly after they had passed witness's gate
he heard screams, and ran out. Saw a child in the arms of
some of• the crowd. The cab had been stopped, and was
turned about. Witness took charge of the cab and driver,
and gave him up to the last witness. The cab was driving at
from 12 to 14 miles an hour. There was about thirty yards
between the gig and cab, and the cab appeared to be trying to
overtake or pass the gig.
James Baldcher, on the evening in question, saw a child
about seven years old crossing the Hampstead-road. A gig
passed at the rate of about twelve or fourteen miles an hour.
A cab followed, which appeared to be gaining on the gig.
Saw the cab knock the child down, and the wheel went over
her body. It was quite light enough for the driver to see any
thing on the road. Witness ran and picked up the Child. The
cab was going at such a rate, that it appeared to him the driver
had no command over the horse, and could not pull up.
Richard Mercy, resides at Whitehall-place, Kentish Town;
saw the accident; the cab was driving at a furious rate; if the
horse was going at a proper pace the accident could have been
easily avoided. The prisoner, who was driving the cab, pulled
up as soon as he could. He said he was sorry for what had
happened.
George Headman called out to the cab driver to pull up
or an accident would happen. Does not think the cab-man
heard him. About 40 yards farther on saw the child knocked
clown. The cab was in advance, and the gig passed it, they
were both going at the top of their speed, and the drivers were
flogging the horses.
George Richards, surgeon, resides at Henly Lodge, Hamp-
stead-road. Tile child was brought into his house. She had
concussion of the brain, and a deep cut over the eye, and was