The Sun.
London, England, 1857-03-25 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND COURT.—Wertweefe, March 24.
(Before Lord Chief Justice Campbell.)
COOPER V. HAYWOOD. -SLANDER.
Counsel for the plaintiff, Mr. Mellor, Q.C., and
Mr. Bittlestone ; for the defendant, Mr. Sergeant
Hayes, Mr. Kennedy, and Mr. Brewer.
The declaration stated, in the first c aunt, that
the defendant spoke certain slanderous words of the
plaintiff, namely, "He took false oaths at War-
wick." There were two other counts charging the
speaking of other slanderous words.
The defendant p'ead td not guilty, and respecting
the first count he said the charge was true, for that
he hal petitioned the in-olvent emit at Warwick,
and the plaintiff hid there falsely sworn that the
defendant was ind.,bted to the plaintiff in 1,0001.
The plaintiff is a jeweller living A Birmingham,
and defendant formerly kept. the Spread Eagle
public-hoes% Before going through 'he Ira olvent
Court the defendant ha I taken the business from
Mr. H. Hudson, the plaintiff having asecurity upon
the stock, &e., for 2,800/. Of this defendant after-
wards paid 5501. An execution was subsequenVy
put in for a debt of 1801., and the landlord then
distrained for 2601. rent, which the pla"ntiff paid,
and then took an additional security upon
further geode, of which a valuation was made
by Messrs. Fellows and Smith, of Birminghtm,
amounting to less than the money thus paid. When
the defendant petitiewd the Insolvent Court at
Warwick, the plaintiff was examined as to his secu-
rities, and they were found to be satisfactory. On
the defendant coming out of prism, he took oppor-
teeities of abusing Mr. Cooper, the pliintiff; and
meeting a friend of his, a Mr. Archer, began speak-.
ing to him of "that thief Cooper." Mr. Archer
said Mr. Coop©r was a friend of his and he did net
wish to heir anything about it. Haywood
"I wish you to know if he is a friend of yours ;"
and then charged him with having committed per-
jury at Warwick, in saying that Haywoo 1 owed him
over the value of the goods • and said that he had
forged the valuation, and that he had robbed him
(defendant) of 1,2001. It was prove( in evidence
that t'te vaivat'on was Lena fide.
Mr. Sergeant Hayes remarked on the fact that
no application was made to the defendant, for four
mon,he after the slander was areged to hive been
uttered. He denied, on the part; of the defendant,
that the words in question were ever uttered.
The defendant, being called, said that Archer's
steternent of alleged slanderous words was wholiy
untrue. Had never seen Archer from the time of
coming out of gaol in Sept. last till the day before
(Monday), in the Assize Court at Warwick. He
had !ately taken another inn, nelr to the S reed
Eagle, now belonging to the
plaintiff .13
Cress-examined—Had conversed with other peo-
ple than Archer ou this matter. Could not say he
had not given the same account of the transaction
in the Insolvent-Court as was given by Cooper to-
day.
Luke Haywood, brother of the defendant, de-
posed tbat he had conversations with Archer about
the matters between Cooper and his brother, in
which Archer had stated that the defendant had
been badly used by Cooper.
Cross-examined—lle bad Fpken strongly of the

manner in•which Cooper had given his evidence in
the Insolvent Court.

The Chief Ju,tice commented upon the extraor-
dinary nature of the defence—that the words were
never uttered, when the defendant's own plea was
that the w,rds were true. Strange to say that plea
was not only abandoned, but was disproved by the
evidence of the defendant himself. Still it was for
the jury to say whether the words were everspoken,
because if not the defendant was entitled to their
verdict.

Verdict for the plaintiff—damages 301.
His Lordship said he thought it a very proper
verdict, and under the circumstances he granted
immediate execution.

(Before Mr. Justice Wigbtman.)
ATTEMPT TO 3IIIRDER AT STOKE.

Elizabeth M'Manning was charged with attempt-
ing to murder Sarah, the wife of Joseph Callow,
manufacturer, at Stoke, near Coventry.
About ten o'clock one morning Mr. Callow left
his house to go to Coventry, leaving Mrs. Callow
and Elizabeth M'Manning in the house. The latter
went to the stable, got the key of the front gate,
and having locked it, went up stairs, and was assist-
ing her mistress to dress. Without provocation she
suddenly struck her mistress a violent blow on the
heal with some heavy instrument, which, as she let
it fall, her mistress discovered to be a 71b. weight.
She then got the poker, and struck Mrs. Callow
across the mouth, breaking two of her teeth. She
next forced the end of a boot into her mouth, and
tried to tear out her tongue. Then she beat her
head violently against the wall. Mrs. Callow offered
her 1001. if she would let her go ; but M‘Manning
declared that she would murder her, and continued
to ill-treat her in a similar manner for about two
hour., when Mr. Callow returned from Coventry.
While this was going on, Gaffey, the man from
whom she had procured the key of the gate, had
heard his mistress cry out, and came to the house,
but the prisoner would not let him enter, telling him
that her mistress had a fit. Gaffey then went to
Coventry and fetched his master. On reaching his
house, Mr. Callow found the doors locked, and was
not admitted by the prisoner till he had threatened
to break in the door. On his entering he found the
pris mer covered with blood. Hersleeves were turned
up, and her hair hanging about her shoulders. She
told him that two men were up stairs, murdering
her mistress. On going up stairs he fclund his wife
also covered with blood, and bearing marks of the
treatment she had received.

Mr. Spooner, for the defence, suggested that
there bad been a quarrel between the prisoner and
her mistress, and that the former had acted in se!f-
defence.

The jury returned a verdict of guilty of attempt
to murder.

The learned Judge, in passing sentence, said this
was one of those crimes which by the law still re-
mained capital. He ordered sentence of death to
be recorded, observing that it would be commuted
to transportation for life.

POLICE INITLLIGENCE.—March 24.

MANSION-HOUSE.-JGeorge Dowling, appa-
rently about 16 years old, was brought before the
Lord May or.

A policeman said—Last night I saw the prisoner
in Cannon-stre-t-west, endeavouring to push a gen-
tleman into a cab. The gentleman could not get
rid of him, aril appeared to be drunk, and I inter-
fered for the p-otection of the gentleman, who then
went away. Thy prisoner seized me by the legs
and tried to throw tne down, and used the most
filthy language. He had been brought before the
late Lord Mayor upon a similar charge, but upon
that occasion the gentleman he had annoyed was
robbed. His lordship gave instructionl, upon
that occasion to the police, to watch the movements
of the prisoner, who seemed to be a late prowler
about the streets, and accordingly he took him
into custody.

The Prisoner—l was so drunk, my lord, that I
did not know what I was doing, between one end
two o'clock this morning.
The Lord Mayor—Then you must pay 53., or
go to prison for seven days.

GIRL DHALL.—The driver of an omnibus, No.
7,768, running between Whitechapel and Bays-
water, and hearing the name of John Kincaid as
the proprier.or, was summoned for obstructing the
complainant at the foot of Holborn-hill.
Mr. Beard, for the defendant, applied that the
summons might be adjourned, as the defendant
had not received the summons until tin previous
night.

Mr. Coleman, of Ealing, here said this was on'y
an attempt to inconvenience the gentlemen attend-
ing for Vie complainant, and by so doing to get rid
of their evidence. The fact was, the London Gene-
ral Omnibus Company had put on omnibuses for
the purpose of running off the small but indepen.
dent proprietors.
Mr. Beard said the fact was they were rival om-
nihuses, but Mr. Kite and Mr. Kincaid were both
independent proprietors.
Mr. Coleman said he lived ai Ealing, and was in
the Lab t of riding as much as 25 miles a-day, and
usually rode outside. A few days ego he left his
office, and hailed the defendant's omnibus, when he
perceived a fidgetiness on the part of the driver and
conductor to be off again ; and on noticing that
they were contending with one of Kite's omnibuses,
he asked the defendant if the omnibus he was driv-
ing bel nged to tl!e London General omnibus Com-
pany, but the defendant evaded the question. In
this instance he was riding outside the defendant's
omnibus, and was so disgusted with the defendant's
conduct, that he insisted upon getting down, refus-
ing to pi.y the fare ; and he then got upon the com-
plainant's omnibus, which was behind. He had
been informed, and believed it was the fact, that
the London General Omnibus Company had put
these omnibuses on for the purpose of running
down men who were endeavouring to got au honest
living.
_ _

Sir Peter Laurie Paid he would adjourn this case
until Tlyarsday, when the London General Omni-
bus Company would have an opportunity of at-
tending to answer these complaints.
Mr. Coleman said he hoped Sir Peter would
press the question upon the company as to the pro-
prietorship of the omnibus complained of.
Mr. Bcari denied that the London General Om-
nibus Company had anything to do with these om-
nibuses.

The summons was then adjourned until Thursday
next.

Wm. Stevens, an old man 74 years of age, whose
case appeared in our paper a few days ago, when,
by mistake, he was described as Wm. Mounsear,
the name of the prosecutor, was again brought up
on the charge of picking Mr. Mounsear's pocket.
The prisoner still declined to give his address ;
no owners having been found for the pocket and
betting books, Sir Peter Laurie commioted him to
the ifilloway House of Correction for 21 days.

BON-STREET.--James Wright, a letter-carrier
ti the Streatham district, was charged with delay-
mg five letters.

There had been several complaints in this dis-
trict, and a " test letter" was sent. Wright, on
bemg apprehended, showed the policeman the
" test letter," and four others concealed under a
tuft of grass in a field near his house.
le was committed for trial.

WORSHIP-STREET. Liebur, a Ger-
man, was charged with stealing a gold watch and
other property from Joseph Milliken, Murray-
street, Hox ton.

The prisoner, who had been convicted of felony,
and had suffered two years' imprisonment in his
own country, took lodgings at the prosecutor's
houle, describing himself as having held a corn
missiou i❑ the German Legion, and absconded
with a watch, ritigs, a pencil case, brooches, and
other property belonging to prosecutor's wife and
her sister.—Comrnit Led for trial.

Emma Ayres, a young person, well dressed, in
deep mourning, was charged with stealing a valu-
aide carpet from the house of Mr.-Wm. Burtwell,
Wellington-streer, S h ackle well.
Prosecutor stated that the prisoner engaged fur-
nished apartments at his residence, only a week
past, and from her appearance and conversation she
was treated in every respect as a lady. On Monday
evening, howevtr, the servants were surprised to
find the property named had disappeared, and very
singularly it came to the knowleige of Mrs. Burt-
well that the lady had been seen ju.t outside the
house on the Saturday previous, staggering under
a largo bundle. Satisfied in this respect, prosecu-
tor boldly taxed her with its revoval, but the accu-
sation was met on her part w;th an indignant 'de-
nial, and frequent appeals to Heaven to witness her
innocet/C3 ; subsequently, when these protestations
filed, she calmly admitted the robbery, and stated
where she had pledged the carpet. There it was
found, and the ticket given for the pledge she de-
clared was torn up. The prisoner now, in reply to
the tnag.strate, said she had friends who were re-
spectable, and but one parent, her father being dead.
Mr. D'Eyncoutt ordered her to pay a fine of 51.,
and the value of the pledge. She had narrowly
escaped a charge of felony.

WESTMINSTER.—Patrick Cronin, 17 years of
age, was placcd At the bar charged with attempting
to pick the pockets of the Rev. Mr. S evens, a.
clergyman, residing in North-street, Westminster.
The prosecutor, about three o'clock last Friday
afternoon, visited a poor woman in Perkiu's-rents,
Pye-street, Westminster, and was standing for a
minute or two talking to a person at the corner of
the street, when a policeman came up and inquired
whether he missed anything, at the same time in-
forming bica tLat he 11,4 just seen a boy put his