The Sun.
London, England, 1858-11-26 00:00:00

LAW INTEL.

• COURT OF ERROR.
EA.I)GER V. TILL SWAM. ;Ord:. ASD RIVER

COMPANY

The contention between the parties in this case relates to
a right of property in the towing-path on the banks of the
river Dun, used in the navigation of the river down to
within two miles of the borough of Sheffield.
It is expected the case will occupy the remainder of the
day.

CENTRAL CRIMINAL COURT—(This Day.)

OLD COURT.
(Before Mr. Justice Hill.)
POST - OFFICE ROBBERIES

Three men lately in the service of the Postmaster-
General, and who had pleaded guilty to stealing letters,
were called up for judgment. Volland and Webb were sen-
tenced to five years' penal servitude, and Clarke to three
years.

NEW COURT.
(Before the Recorder.)
MAINTSLAUGHTEA.

Robert Brown, a coachman, was indicted for feloniously
killing and slaying a man named Langham, in Davis's
Mews, Grosvenor-square, on the-19th of October last.
Mr. Ribton and Mr. Best appeared for the prosecution,
and Mr. Hopewood defended the laxisoner.
Mr. Ribton having stated the case to the jury, called
several witnesses to prove the case, the most important of
which were the following :

George Miller said—l know the deceased Robert Lang-
ham. At five minutes to ten on the evening of the occur-
rence, I was engaged putting the horse to my carriage
when I saw the deceased come out and shake his fist at the
prisoner. Brown (the prisoner)
,said, "Ph, that's your
game, is it I" and I saw him turn round and walk towards
his coachhouse. I then proceeded with putttng the horses
to my carriage, and shortly after turned round and saw the
deceased leaning against a brougham, with one hand to his
head, and the prisoner said he had hit him with the setter
(a long iron instrument used for raising the wheels of car-
riages). I said, "It was no manly act, but if you had given
him a jolly good hiding with your fists I should have
thought nothing.of it." I took the deceased to the hospital.
Cross-examined—The prisoner I look upon as a violent
men. He had tbreatened me, but never 'struck me. Tho
deceased was 'greatly respected in the Mows:
Mr, Wm. Bloxham, surgeon,' Vomit -street, Grosvenor-
square, said—On the 19th of Oct. the deceased came to me.
He had his hand to his head, and his face was covered with
blood. Ho appeared to stagger very much, and I asked
him if he had been drinking. He said, no ; and I then exa-
mined the wound, and foundit wean contused wound about'
two inches in length, extend;ng from the forehead to the
ear. The scalp had not been penetrated. There was, no
depression of the bone. I. dressed the 'wound in the ordi-
nary manner, and directed the deceased to call on me the
next day. Ho did not do so. I gifve him some medicine
with directions when it was to betaken. He called upon
me on the Thursday. He was very much worse than when
I first saw him. I asked him if he had taken the medicine
as I directed, and he said, " Oh, I'vehad enough of that."
I recommended the unfortunate Juan to go intotho hospital.
I never saw him after that.
Cross-examined by Mr. Hopwood7l was induced to ask
the deceased if he had been drinking, from the fact that he
smelt of beer. I asked if he had been taking beer on the
Thursday, and he told me he had had half a pint that morn-
ing. If a person persisted in drinking after receiving any
serious injury it would, no doubt, greatly aggravate the
consequences. It was highly dangerous for any person
addicted to drinking to receive a blow on the head, as re-
sults of the most fatal consequences might ensue. I should
most certainly call the wound a serious one.
Mr. Ribton—Would not a blow similar to the one Lang-
ham received produce what you have termed strangeness
of manner ?
Witness—Certainly.
Mr. Tomlinson, one of the surgeons at St. George's Hos-
pital, said—The deceased was brought to the hospital on the
Monday after he had received the blow. He died very
shortly after his admission. A post7mortem examination
took place. I found a wound on the forehead, which had
produced a fracture of the frontal bone, and, on further ex-
amination, I discovered another smaller fracture on the
same bone. The deceased died from inflammation of the
brain, produced by the injury on the head.
Cross-examined--A blow on' the head would affect the
whole of the brain. I heard that the deceased had received
a kick from a horse a fortnight before.. I would not give a
decided opinion that such a kick might produce the injuries
I-have described.

George Silverton 293 A, said—l took the prisoner into
custody on the evening of the 25th of Oct., the evening the
unfortunate man died. I told him what I took him into
custody for, and he said " It's a bad job. I didn't think it
would turn out so bad." I went to the coach-house of the
prisoner, and there I found the setter. I showed it to him
and he said, " Yes, there's no mistake that was what I
struck him with."

Mr. Hopwood then addressed the jury on behalf of the
prisoner. He contended that the evidence was insufficient
to substantiate the charge with which the prisoner-stood
indicted. The deceased was, he thought, a man of quick
temper and much more powerful than the prisoner, and in
the course of a quarrel, after receiving g.'eat provocation,
he, smarting under the effect of the conduct of the deceased,
used the first thing that came to- bis hand and struck him.
He felt the jury would see that the quarrel arose, out of a
drunken brawl. The deceased came Zap to the prisoner,
who was washing the carriage with the fatal weapon in his
hand, and being aggravated, he struck the fatal blow, but
under circumstances that perfectly justified him in so doing.
After they had heard the evidence he should place before
them, he had no doubt the jury would entirely acquit the
prisoner. The learned gentleman then examined the fel-
, lowing witnesses.
Henry Leader-4 reside at 38, Silver-street, Grosvenor-
-.

square. I saw Lengham the morning of the occurrence.
was at the top orthe Mows. I saw Brown, Langham, and
his master together outside the coach-house. I heard the
deceased say to the prisoner "You're aliar, and if you say
that again I'll take your /ife." After I heard that
I went home to breakfast. When I returned to
the mews at 11 o'clock. I heard of the occur-
rence. I afterwards saw Lanham cleaning his car-
riage. A man called Tom was 'With him. Later
in the day Brown called me. In (the course of that con-
versation I went near Langham and asked him what was
up. He said he had struck Brown's head
against the wall,
and ho had struck him with the iron setter. I went with
Langham to Bloxham's. He told him to go home or fatal
consequences might ensue. I don't knot whether he drank
much after the fight. The deceased was taller than the
prisoner, but I don't know whether ho Was stronger or not
Cross-examined by Mr. Ribton—l attended at the in-
quest, but I was hot called.
Mary Dowfit—l reside in Davis's-mews. I saw the
quarrel. I heard the prisoner and deceased using high
words. I heard some one say, "You're a pretty fellow to
tell your master I damaged his carriage." I then saw
Langham and Brown begin quarrelling again. I saw the
deceased take hold of Brown and shake him. They
continued quarrelling, and then the deceased struck Brown's
head against the stable door, and prisoner said, " I'm not
going to stand that." I then saw Brown strike Langham
with the iron bar. I saw the blood flow. Miller was not
near the spot with the carriage when the blow was struck.
Mr. G. Ritchie said Brown complained to me that Lang-
ham had injured Mr. Wilson's carriage. Langham was in
my employment. I told Langham he ought to be more
careful, and that Bob (the prisoner) :should pay for it.
Brown showed me two other carriages in the stables in-
jured in the same manner. It was Langham's duty to put
the carriages in the stable. Brown had complained of Lang-
hara's conduct as being very. violent. Langham professed
to be a fighting-man. I have heard him challenge Brown.
I have seen the prisoner in the mews for some time. I
believed him to be a sober steady man.
Several other witnesses gave similar evidence, and
The Learned Recorder summed up the evidence.
The jury returned a verdict of guilty, and the prisoner
was sentenced to twelve months' imprisonment, with hard
labour.

POLICE INTELLIGENCE.—(This Day.)

MARLBOROUGH-STREET.

THIEVES AND THEIR "BAG."—Thomas Baker and John
Martin, the latter of whom refused his address, wed
charged with attempting to steal a piece of merixte at 6,
Cranbourn-street, the property of Mr. Thos. Bradley.
On one of the prisoners was found a large black bag, and
the use made of it was rather curious.

Bell, 85 C, said he saw the two prisoners go up totalinen-
draper's shop near Newport-market, and handle som e goods
in a very suspicious manner ; and, suspecting- that their ob-
ject was to commit a robbery, he followed them tc' Cran-
bourn-street, where he saw them go up to the door of Mr.
Bradley, and handle some pieces of merino. Ho then seized
them, and en one of them there was a large black bag.
Mr. Bingham--One, I suppose, used by professionals.
Bell said ho then took them back to the shop, when it
was found that the string which had secured the pile of
merinos was cut. The prisoner, as soon as he • took him,
very adroitly let the black bag fall down in front of him,
and then tied a piece of string round his waist,, sin as to
make it appear that it was an apron.
Benjamin Hopgood said the string was secure• a few
minutes previous to his attention being called to the. affair.
Joy, a detective, said he knew both prisoners aa: asso-
ciates of thieves.

Mr. Bingham asked the prisoners if they could account
for the bag.
Baker said it was for no particular ptirpose.
Mr. Bingham said he would rid that neighbourhood of
the prisoners and their bag, at all events, for three months.
Funtous Diuviso.—Ephraim Jackson, a carraari, re-
siding at Hammersmith, was charged with furiously dri'v'ing'
a horse and cart, and damaging cab 2,456 in Piccadilly.
Thomas Barden, badge 2,961, said that he was going
along Piccadilly with a gentleman in his cab when the
prisoner came along with a horse and large heavy cult
driving at the rate of 10 miles an hour, he lying at the time
at the bottom of the cart on his back, when he c 4) me in Oa