The Sun.
London, England, 1858-11-24 00:00:00

WESTMINSTER COUNTY COURT.

TILE LONDON GENERAL 'OMNIBUS COMPANY-COVINGTON
V. MACNAMARA AND °TILERS.

Mr. Beard appeared for the defendants. The action was
brought to recover damages for an injury done to plaintiff's
'bus in the Kingsland-road, on the 21st of October ultimo.
To prove his case plaintiff called his coachman, con-
ductor, and a passenger and police-constable, who deposed
that on the day in question plaintiff's and defendants'
'busses were travelling the same way. Defendants' coach-
man drew to the off side, and upon plaintiff trying to pass
in the rear defendant pulled across it with his wheel, cut
plaintiff's horse's shoulder, and ilijured the 'bus.
Mr. Beard said this was a case peculiarly calling for both
sides to be heard. In the present action he was able to call
most respectable witnesses, who would prove, beyond a
doubt, that the entire fault lay with plaintiff's coachman,
who endeavoured to pass defendants' bus at a gallop on the
near side when there was not room. To rebut the evidence
adduced for plaintiff, Mr. Beard called two passengers, who
said that the injury occurred entirely from plaintiff's coach-
man endeavouring to pass when there was no room.
His Honour said, on the face of the evidence he should
find for defendant, whose witnesses had given their evi-
dence with a truthful demeanour, not to be questioned. He
could not doubt their evidence. He could not say he was
satisfied with that of plaintiff's coachman.
Judgment for defendants, with costs.

CENTRAL CRIMINAL COURT (This Day.)

OLD COURT.
(Before Baron Bramwell and Justice Hill.)
THE CASE OF OLIVER.

William Lemon Oliver, stockbroker, was placed at the
bar and pleaded Guilty. The indictment charged that he
being a broker, and entrusted with security for the sum of
£6,000, with certain directions to apply the same, did un-
lawfully convert to his own use part thereof, to wit, the
sum of £1,610 ; and that he did unlwfully transfer and con-
vert to his own use certain valuable securities entrusted to
him for safe custody; also that he feloniously uttered a
forged cheque purporting to be a transfer of 100 £5 shares
in the stock of the Crystal Palace Company.

THE ALLEGED MURDER IN WESTMINSTER.
Isaac Harmand was indicted for the wilful murder of
Sarah FarrPll. The prisoner pleaded not guilty.
Mr. Bodkin appeared for the prosecution, and Mr. Sleigh
defended.

Mr. Bodkin, in stating the case to the jury, said the trial
of the case had been postponed last session, on account of
the absence of a female whose evidence was very material;
but notwithstanding the greatest exertion, the police had
been unable to discover her. But they had found out a very
important witness, whom in the course of the trial ho should
place before them. This witness's name was Winstone,
and it appeared that when the constable went to
the public-house to seek for information relative
to the missing. female. Winstone said to him " Aint you
the constable who took the man out of the cell at the police
court," and he replied, " Yes." Winston° then said, " I
was the man who was in the same cell with the prisoner all
the night of the 15th of September, and he told me all about
it. I was in custody for desertion. The reason the witness
was not produced at court before the magistrate was, that
he was not discovered until after the prisoner's committal.
The learned gentleman then called the following witnesses:
William Henry Mawby.—l lately [resided at 5, York-
street, Westminster. I occupied the second-floor. I know
the prisoner at the bar. I have heard him called out of
doors, "Bandy." There was a female who lived with him
as his wife. They occupied a back room on the same floor.
I recollect the prisoner coming home on the 15th of Sep-
tember and asking Mrs. Clarke for his wife. She told him
she was from home. He then said, " When she came
home he would do for her, that he would
stick a knife into her." He appeared to be
have been drinking. He broke a quantity of crockery.
After he had laid on the bed for a short time his wife re-
turned, and he got up and said be would do for her, and
took up a knife. She ran down stairs and out of the house.
He remained in the room a short time after, she left and
then went out. About 10 o'clock at night they both re-
turned, and I heard the prisoner say to the woman—

" You've had a fair turn with me to-day, and now it's my
turn." I heard the woman say, "Pray let me out," and
he replied, " No. Now I have got you I'll do for you."
I then heard the window open. I heard the prisoner then
say, "You're out of the window and I'm off." I went into
the passage and saw the prisoner running down stairs.
Mr. Seaton stopped him, and he said, "My wife's jumped
out of the window." He asked him why he allowed her
to do so, and he made no reply. We went into the yard,
which belonged to a coach factory, and was not connected
with the house No. 5, and there found the woman lying in
a state of insensibility. I have frequently heard the pri-
soner threaten the woman. There was scarcely a night
that he did not quarrel with her.

Cross-examined by Mr. Sleigh—l never heard the woman
make the slightest reply to the prisoner when he threatened
her. On the contrary, she always took up her work, and
sat outside on the stairs until he was quiet before she re-
turned to the room. I only knew the deceased as a' lodger
in the house. I never spoke to her.
Lucy Ann Mawby—l am the wife of the last witness. I
remember the prisoner coming home about five o'clock in
the evening. I heard him and his wife quarrelling. They
went out, and returned about 10 o'clock. I heard them go
into their room, and afterwards heard the door locked.
I heard the woman ask the prisoner to let her out. Ile
replied, "No ; now I've got you I'll do for you." I heard
the window open, and then I heard the prisoner go down
stairs, at the same time saying, "I'm off." I never heard
the deceased use bad language.

James Seatcn—l resided in the first floor of No. 5, York-
street, on the 18th of Sept. I recollect the night of the oc-
currence. I saw the prisoner come down stairs. I asked
him where he was going, and he said his wife had jumped
out of the window. I asked why he allowed her to do so,
but he made no reply, but kept going downstairs. I told
him I should go with him. We went into the back yard,
and there we found the poor woman. The prisoner made
no attempt to lift her up, and another person present called
him a scoundrel, but he made no reply. I should think he
was quite sober.

Cross-examined by Mr. Sleigh—lt was not evident that
the prisoner had been drinking. He did not appear to me
to be labouring under the influence of liquor.
William James—l formerly resided at No. 5, York-street,
Westminster, I occupied a room on the first floor. I recollect
the night of Sept. 15. About ten o'clock I heard the prisoner
and the deceased returned, and I heard her say " Is that you
Mrs. Seaton, we're all drunk to-night." They then went
into their room, and I immediately afterwards heard the
noise of scuffling. After a few minutes the noise ceased and
instantly Mrs. Ward gave the alarm, saying " That fellow
has thrown his wife out of window." I opened my door,
and saw that Mr. Seaton was quite close to Lim. I accused
him of throwing his wife out of window, and he said, "How
could I throw her out of the window." I then said why
did you not protect her, and he replied, " Oh,—give her a
leg up." He did not say he had given her a leg up. When
I saw the body of the unfortunate woman, I said this woman
has never thrown herself out of window ; if she had done
so she would be in a very different position io that in which
she was. On the prisoner being accused of the act he said,
" He know a little of the law, and they could all go and be
d—d. He did not appear to me to have been drinking.
Mathilda Almand—l reside at 2, Queen-square-place,
which is at the back of York-street. On the night of the
15th of September, I heard a heavy fall, and I went to the
window to see what it was, when I saw the prisoner at the
window of the opposite house with a candle in his hand.
He said, "There's a woman in the yard, and she's dead.
She fell out of this window."

William 'laths, a coal-porter, said—l was. at th 8030