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

ASSIZE INTELLIGENCE.

MIDLAND COURT.—WA.nwicii, March 24.
(Before Lord Chief Justice Campbell.)
COOPER V. HA.YWOOD.—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 cunt, that
the defendant Fpoke 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 pleadcd not guilty, and respecting
the first count he said the charge was true, for that
he bad petitioned the insolvent court at Warwick,
and the plaintiff hid there falsely sworn that the
defendant was ind..ibted to the plaintiff in 1,0001.
The plaintiff is a jeweller living at Birmingham,
and defendant formerly kept !he Spread Eagle
public-house. Before going through the Insolvent
Court the defendant had taken the business from
Mr. H. Hudson, the plaintiff having asecurity upon
the stock, Jec., for 2,8001. =Of this defendant after-
wards paid 550!. An execution was subsequently
put in for a debt of 180/., and the landlord then
distrained for 2(301. rent, which the pla'ntiff paid,
and then took an additional security upon
further goods, of which a valuation was made
by Messre Fellows and Smith, of Birmingh4m,
:amounting to less than the money thus paid. When
the defendant petitioned the Insolvent Curt at
Warwick, the plaintiff was examined as to his secu-
rities, and they were found to be satisfactory. On
the defendant coming out of prison be took oppor-
tunities of abusing Mr. Cooper' the plaiutif; and
meeting a friend of his, a Mr. Archer, began speak-
ing to him of " that thief. Cooper." Mr. Archer
said Mr. Cooper was a friend of hie, and he did net
wish to heir anything about it. Haywoed replied,
"I wish you to know if he is a flieod of yours ;"
and th,n charged him with having committed per-
jury at Warwick, in saying that Hay wrod owed bim
over the value of the goods • and said.that he bad
forged the valuation, and that he had robbed him
(defendant) of 1,200/. It was proved in evidence
that t'te va!uation was bona fide.
Mr. Sergeant Hayes remarked on the fact that
no applic stion was made to the defendant, for four
months after the slander was alleged to have been
uttered. He denied, on the part of the defendant,
th it the words in question were ever uttered.
The defendant, being called, said that Archer's
statement of alleged. slanderous words was wholly
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 lately taken anoint. inn, near to the Spread
Eagle, now belonging to the plaintiff.
Cress-examined—gad conversed with other peo-
ple than Archer on this matter. Could not say be
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 that he had Conversations with Archer about
the matters between Cooper and his brother, in
which Archer had stated that the defendant had
been barfly used
by Cooper.
Cross-examined—He bad spoken strongly of the

manner in which Cooper had given hi 3 evidence in
th© Insolvent Court.

The Chief Ju4tice commented upon the extraor-
dinary nature of the defence—that the words were
never uttered, when the defendant's own plea was
that the words 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 30/.
His Lordship said he thought it a very proper
verdict, and under the circumstances he granted
immediate execution.

(Before Mr. Justice Wigbtman.)
ATTEMPT TO MURDER 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 h' use 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 gafe,
and having locked it, went up stairs, and was assist-
ing her mistress to dress. Without provocation she
suddenly stiuck her mistress a violent blow on the
Ihead 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 100/. 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
hours, 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
prisoner covered with blood. Her sleeves 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 lie found his wife
also covered with blood, and bearing tiarks of the
treatment she had received.

Mr. Spooner, for the defence, suggested that
there bad been a quarrel between the prisoner and
her m'stress, 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 wh;ch by the law still re-
mained cap Ail. He ordered sentence of death to
be recorded, obserfng that it would be commuted
to transportation for life.