The Sun.
London, England, 1844-12-09 00:00:00

, which the prisoners were charged with having blown
up. The indictment was founded on the 7th and Bth
of Geo. IV., c. 30, a. 7, which renders it felony for any
person maliciously to pull down, destroy, or damage
with intent to destroy, any such steam-engine.
Jonathan Habershon was the first witness called. He
deposed that he was under-ground steward at No. 2,
Deeps-pit Colliery, near Sheffield. There was a steam-
engine at the mouth of that pit. The boiler, which
weighed when filled about 8 tons, was detached from the
engine, and was surrounded with brick-work. On the
night of Sunday, the 25th of August, witness, who lived
close to the pit, was awakened by the report of a tre-
mendous explosion, and in about half an hour after•
wards William Prinee, who slept in a kind of cabin at
the mouth of the pit, called him up and took him to ex-
amine the boiler. On reaching there he found all the
brick-work blown down and scattered about. The boiler
happened to be filled with water, but no water had es-
caped. The steam-pipe, however, had broken away
from the steam-chest ; the pipe for the conveyance of
water to the boiler had also been broken, and a small
shed over the boiler had been blown down, so that the
steam-engine was put out of working condition. On re-
moving the debris witness found two caps and a hat eery
much damaged, as well as a tin case containing a collier's
cartridge and some loose gunpowder. In the firehole
were found several portions of a barrel, and everything
smelt strongly of gunpowder.
Cross-examined by Mr. GRA/NGER—The pit had been
worked twenty-two years: The boiler was about three
yards from the steam-engine. Was quite sure that two
caps were found. The cartridge found in the tin case
was such as colliers commonly employed in the opera-
tion of blasting, and gunpowder was occasionally used
for that purpose in some of the pits near Sheffield.
William Prince remembered the 25th of August last.
He was in bed in the cabin at the mouth of the pit, and
shortly after eleven o'clock he saw some men peeping
into the cabin, through a small crevice in the door. In
a few minutes after he heard an explosion. He thought
there were about six men altogether.
Cross-examined—The night was dark. Could not see
the faces of the persons who looked in at the door.
Mrs. Ledger di-posed that she resided about half a
mile from the colliery. The prisoner Bolton was her
brother, and had dined at her house on the 25th of
August. About twelve o'clock on that night sho was
awoke from her sleep by a noise at the door, and she
heard a moan apparently proceeding from a man in
great bodily pain. She opened the door, and found her
brother crouched down at the door. He was very much
burnt on his head, face, neck, and hands, and was covered
with black, and his clothes were torn. Witness obtained
assistance, and put him to bed, when Mr. Shaw, a sur-
geon, was immediately sent for, who attended him for 14
days whilst he remained confined to bed at her house.
Cross-examined—The prisoner appeared very much
intoxicated when he got to her house, and he vomited a
quantity of spirits and ale. He was delirious also during
the night, and continued so for several days.
John Shaw, jun., a medical student, who was called in
to see the prisoner, confirmed the last witness's state-
ment as to his condition at that time. Witness asked
him how he had received the injuries about his person,
and he replied by firedamp. A woman present said it
would be best to tell the doctor all they knew about the
matter, and they then said they had heard a great explo-
sion, and that they suspected the prisoner had been con
cerned in blowing up a steam-engine. The woman
begged of witness not to mention the circumstance to
any one, and the prisoner joined in that request.
John Shaw, surgeon, of Attercliffe, corroborated the
greater part of this testimony, and detailed a statement
made to him by the prisoner wherein he confessed his
participation in the act with which he was charged.
They put some gunpowder in a barrel which they placed
in the fire-hole, and setting light to a fusee, one end of
which communicated with the powder barrel, they ran
away to await the effects of the explosion ; but as this
did not take place so soon as they had anticipated, they
went to the fusee to blow it up. He had just reached
the spot where the engine was when it did happen, how-
ever, and he remembered little or nothing further. The
prisoner Bolton had made this statement to witness on
several different occasions.
Cross-examined—The prisoner told him that he had
met with two men before the occurrence, who would not
let him go till he had had a certain quantity of some-
thing to drink. He did not say that he was very drunk.
William Maybury, a tailor, living in Todd-street,
Manchester, deposed, that he met the prisoner Critch-
low with two men, named Dixon and Stocks, on Tees
day, the 27th of August. The skin was then all off his
face. He said that he had the wet scurvy, which ac-
counted for that circumstance. He met the same per-
sons together soon after in the Coach and Horses public-
house, and he heard Stocks ask Critchlow if he had been
to a doctor, to which Critchlow replied no, he was
frightened to go to a doctor lest he should be found out.
Critchlow then asked Stocks if he had seen that day's
paper, and if there was anything particular in it. Stocks
answered, that be had seen the paper, and that a cap
had been found. Critchlow said that that was his cap,
and he then proceeded to detail the circumstances at-
tending the explosion, adding, that he had before very
large whiskers and a good head of hair, but when the
powder went off it flashed in his face, and scorched it all
off. He was otherwise alao a good deal injured.
Cross-examined—Have not got much above tailoring
yet. There was a rat-den at Davis's public-house. Wit-
ness did not provide the rats or the dogs. He assisted
Davis sometimes in keeping and obtaining the rats. He
did pay for his board and lodging at Davis's. Was not
in the habit of attending prize-fights. Had never been
at one. Didn't teach boxing ; put the gloves on some-
times, for a little bit of amusement. Had been in trouble
once, about six years ago, for hitting a man in the shop
where he then worked. Had never seen Critchlow pre-
vious to the first interview which he had referred to.
Several other witnesses corroborated the main features
of the evidence already given.
Mr. GRAINGER addressed a long and ingenious speech
to the jury on behalf or the prisoners, commenting chiefly
with regard to Critchlow's case, on the want of all evi-
dence connecting the prisoners together.
Mr. Justice COLERIDGE summed up, and laid the case
before the jury in the clearest manner, who retired for a
few minutes, and then returned with a verdict of Guilty
against Bolton, and of Acquittal as regarded Critchlow.
His LORDSHIP, in passing sentence, observed upon the
magnitude of the crime of which the prisoner had been
found guilty. It was especially a crime in a county like
that, where property of incalculable value was often in-
vested in engines of the description alluded to, which,
valuable as they were, were particularly liable to tire
attacks of vicious persons. In a moral point of view,
the crime was very great, for, if people chose to leave
their work, and band themselves together, and go out at
night, taking barrels of gunpowder with them for the
purposes of mischief—people who went so far as that
would require very little inducement, he &axed, to go
much further. The prisoner had, however, suffered
already in his person very severely for what he had done,
and it appeared that one of his unhappy companions on
that night had paid a severer penalty still. When he
should recal that to his remembrance, it might prove
to him, perhaps, a more bitter recollection, and give
him a great deal more pain than he was likely to suffer
at the hands of the law. The sentence of the Court was,
that the prisoner be imprisoned for eighteen calendar
months, with hard labour.
A man named Thomas North Stocks was next indicted
for harbouring John Critchlow, well knowing that he
had committed a felony. As Critchlow had been ac-
quitted, however, by the jury, the charge against Stocks
was, of course, abandoned.

December 7.

At the sitting of the Court this morning his Lordship
announced that, in consequence of the heavy state of the
calendar, it was determined to open another Court on
Tuesday next, to assist in the trial of the prisoners.
James Tansey was charged with manslaughter, for that
he, on the 23d of September last, at Halifax, in the West
Riding, feloniously did kill and slay one Daniel Martin,
by stabbing him with a knife in and upon the left side
of the neck.

Mr. Hall and Mr. Boothby conducted the prosecution,
and Mr. Dearsley defended the prisoner.
Those of our readers who are acquainted with Halifax
well know that there is a quarter of the town called Hat-
ters'. yard, and Gardeners'-square, which is principally
inhabited by the lower class of Irish—a spot notorious
fur the constant recurrence of misdemeanours and as-
saults, and the scene not unfrequently of more serious
affrays, ending sometimes only with the death of one or
other of the parties concerned. In this quarter resided
the deceased, Daniel Martin, and the prisoner, James
Tansey, both of whom were Irishmen. About mid day
on the 23d of September the deceased, a powerful and at
the same time a violent and intemperate man, was seen
in pursuit of a woman, his sister, whom on reaching he
struck with great force, accompanying the blow with
the remark that" he would teach his sister to be a w---
for any man." The woman rushed for safety into the house
of the prisoner, whither she was pursued by the deceased.
The prisoner at that time was seated in the kitchen
in his own: house, paring a sheep's head with a
knife. Into this room the deceased entered, and struck at
his sister, when a man named Rocks interposed, and
him the deceased felled to the ground. Upon this the
prisoner rose from his seat with a knife in his hand, and,
saying that he would have no row in his house, attempted
to turn the deceased out. It appeared that the deceased
however, struck the first blow. A scuffle ensued between
the two, who ultimately made their way into a corner,
and there, by some means or other, the deceased was
struck under the left ear by the knife in the hand of the
prisoner, and from the wound thus inflicted Mart!n's
death resulted in a few hours after. It was contended
for the prosecution, that the prisoner deliberately raised
the knife to strike the deceased, and some mention was
made of another knife, a most formid,hle weapon in ap-
pearance, which it was insinuated had been substituted
by the prisoner for the one with which he as eating his
dinner. There was no evidence, however, to support
this view of the case, except that a policeman produced
two knives which he had found in the house, and the
blades and hafts of which were both covered with blood.
For the defence it was contended, that the prisoner rose
suddenly from his dinner to turn out an unwelcome in-
truder ; that in the excitement he neglected to lay down
the knife, and might have been even unconscious that he
had it in his hand, and that in the scuffle that ensued
the blow was accidentally given. Mr. Dearsley explained
to the jury, that where a man killed another on a .udden
rencontre in his own defence or in that of his children,
wife, or servant, that was justifiable homicide. The case
before the jury, he contended, came within that cate-
gory, and the prisoner was therefore entitled to an ac-
quittal. But this view of the case was somew'iat inter-
fered with by the evidence of two apparently respectable
witnesses, one of whom deposed, that after the deceased
had been struck with the knife, and whilst the blood was
yet gushing out and bespattering the walls around, the
prisoner raised his fist again to strike the deceased, but
was prevented by the witness saying, " Nay, Jemmy,
don't strike the man again, he's dead." The other wit-
ness referred too imputed to the prisoner the words, "If
I haven't killed him, I will do it." There were some
slight discrepancies in the minor details, but the above ,
were the principal ads generally corroborated,

Mr. Justice COLERIDGE having summed up,
The jury retired to consider their verdict, and after a
short absence found the prisoner Guilty of Man-
slaughter, with a recommendation to mercy on account
of having received considerable provocation in his own
house.

His LonDsuir addressed some most appropriate re-
marks to the prisoner, and sentenced him to six months'
imprisonment in the House of Correction, with hard
labour.

George Swainson was indicted for haring, on the 2241
of July last, at Cawthorne, feloniously cut and wounded
George Dyson, with intent to do him some grievous
bodily harm.

The case was yet proceeding on the part of the defence,
when

Mr. HALL, who was for the Crown, intimated that he
thought it would be useless to press the charge, and the
jury, therefore, under his Lordship's direction, at once
Acquitted the prisoner, and his Lordship refused to allow
the prosecutor's costs.

This man, who was evidently innocent of the charge
laid to his account, and was much " more sinned against
than sinning," was committed to prison in July last, and
there he would hare remained until next March but fur
these Winter Assizes.

OXFORD ClRCUlT.—Shrewsburv, Dec. 7.
The commission for Salop was opened yesterday
evening, and Mr. Justice Coltman having attended
Divine service this morning, at Sr. Chad's church, took
his seat in the Crown Court at eleven o'clock, when a
full jury of 23 gentlemen was empannelled, Viscount.
Clive, M.f., being the foreman. The calendar contain,
the names of 38 prisoners, whose offences may be thus
classed :—Murder, 1 ; manslaughter, 1 ; arson, 3 ; sheep
stealing, 9 ; horse stealing, 1 ; highway robbery, 8 ;
burglary, 6 ; maliciously stabbing, 1 ; concealment of
birth, 1 ; and larcenies, 6.
Hannah Westwood, aged 19, an idiotic and miserable-
looking girl, was placed at the bar on the charge of un-
lawfully concealing the birth of her female child, at
Halesowen. The prisoner exhibiting evident proofs that
she was labouring under weakness of intellect, the jury
was sworn to determine whether she was then of sound
mind and understanding, so as to be capable of pleading
and taking her trial. The matron of the county prison
was then examined as to the mental capacity of the pri-
soner, and the jury having returned a verdict of incapa-
city, she was ordered to be confined during Her Ma-
jesty's pleasure.

MIDLAND ClRCUlT.—Leicester, Dec. 7.
(Before Mr. Justice PATTESON.)
, Thomas Berresford, a venerable-looking old man, sta-
ted to be 74 years of age, was charged on the coroner's
inquisition with the manslaughter of a boy named Wil
Liam Harrison, about 18 years of age, by shooting him
with a gun.
The circumstances of the case created considerable in-
terest, and a very general sympathy was excited for the
prisoner.
Mr. MEeLort, in stating the case to the jury, expressed
the great pain he felt in being called upon, in the exer-
cise of his professional duty, to conduct the present pro-
, secution. The prisoner was charged with the shooting
of the deceased ; but, although the act was fatal, vet, a,
he acted under strong influences, created by the conduce
of the deceased, the offence did nut amount to murder,
but to the minor offence of manslaughter. There was
no doubt the prisoner was the sport of the ruffianly boys
of the neighbourhood in which he lived, and that he was
at the time he fired the gun much excited by the out-
, rages which were committed upon him. It would, Low-
ever, he thought, be impossible to reduce the offence
below the crime of manslaughter. The jury would have
to determine whether or not the prisoner by his own act
• caused the death of the deceased. If the discharge of
the gun was accidental, of course the jury would acquit
the prisoner ; but, if intentional, however great the pro-
vocation, and however unpleasant the duty might be to
the gentlemen whom he was addressing, they must find
the prisoner guilty of the charge imputed to him in the
indictment.
The circumstances of the case, as proved in evidence,
were shortly as follow :—The prisoner, an eccentric old
man, together with a maiden daughter, between forty
and fifty years of age, lived a secluded life upon a little
freehold of about fifteen acres, at Martinshaw-wood,
near Ratby, in this county. He was considered a harm-
less man, but in consequence of his peculiar habits, he
has been the constant sport, and subjected to the great-
est annoyance, of the ♦illage boys in the neighbourhood.
It was their habit to assemble in numbers, and not only
to jeer and assault the old man, but even to beat his
daughter. On Sunday, the 27th of October last, the de-
ceased, with ten other lads, went to Martinshaw-wood,
and engaged themselves in their accustomed practices of
annoyance. The deceased, Harrison, went into the yard
of the prisoner's house, and, to use the expression of one
of his companions, " teased him out." The prisoner
presented himself with a gun, when the deceased beat
him with a briar about the head. The prisoner re •
quested him and his colleagues to go away, when the
deceased replied they would, if he would shake hands
with him. The old man did so, when the deceased lett
the yard. No sooner, however, had he got into the lane,
than he and his companions commenced throwing stones,
several of which struck the arms and body of the pri-
soner. Under the influence of this provocation, he pre-
sented his gun and fired. the contents lodging in the
breast of the deceased. The blood gushed out of his
mouth, and he shortly afterwards expired. The pri-
soner, when apprehended, stated that he had fired the
gun in self-defence.
A large bagfull of atones was presented in the Court
to-day, all of which it was sworn had been thrown into
the yard, and premises of the prisoner by his youthful
assailants.
Mr. MACAULET, in defending the prisoner, said the:
jury must undoubtedly convict him of manslaughter.
unless he (Mr. Macauley) could convince them that hi
shot the deceased in defence of his life, or that the dis-
charge of the gun was accidental. He purposed to adopt
the latter course of defence. He would show that tilt
prisoner fired the gun when a shower of stones was rat-
tling about his head, and that he was struck and severely
bruised upon the right arm. The trigger would not have
been pulled if the arm had not been struck. He (Mr.
Macauley) should call before them the old man's daugh-
ter, who was a witness to the outrages committed upon
her father on the day in question, and would also put
into the box the surgeon who attended the prisoner after
the assault committed upon him on that occasion.
Ann Berrestord was then sworn, and deposed that
when her father fired the gun he was struck upon the
arm, head, and body with stones. His right arm was
quite black the next day.
Mr. J. Sketchley, surgeon, proved the injuries the pri-
soner had received upon his arms, and spoke to his ex-
cellent and peaceable character.
Mr. MELLOR, shortly replied, contending that the
prisoner's declaration to the policeman, "that he did it
in self-defence," showed the act of firing to be inten-
tional.
Mr. Justice PATTESON, in summing up, said there was
no doubt the prisoner was use•. exceedingly ill, and that
he received gross provocation, but that did not justify
him in the use of tirearms. He ought to have appealed
to the civil authorities, and had his assailants properly
and deservedly punished. He left the jury to say
whether the act was accidental or intentional. If the
former, the prisoner was not guilty ; but if the latter,
he was guilty of the crime of manslaughter.
The jury found a verdict of Guilty, but strongly re-
commended the prisoner to mercy.
Mr. Justice PATTESON, in passing sentence, said, had
the jury not accompanied their verdict with a seemly
mendation to mercy, he certainly should have passed a
very lenient sentence. The prisoner had been convicted
of a very serious offence, but he had already been i❑
prison a considerable time ; and, morever, he had re-
ceived the greatest provocation from deceased and his
companions. The sentence was, that he be imprisoned
in the gaol, without hard labour, for four calendar
months. The Learned Judge then turning to the lads
who had been examined as witnesses, said, " Boys, you
have been the real cause of all mischief. You all de-
serve punishment, and I do hope you will each of you
be prosecuted for the assaults upon the old man. I as-
sure you, if it was in my power, you should not only be
otherwise punished, but you should he severely whipped."
The other cases tried during the day do not deserve a
particular report.

LONDON SESSIONS.
(SATURDAY.)
These sessions commenced before the Recorder,
Alderman Wilson, and Aldermen, Copeland, Hum-
pherv, Challis, and Moon.
William Burgess, a sickly-looking young man, was
indicted at the instance of the City Solicitor, for as-
saulting the police in very a violent manner, at the
Garlick-hill station-house, to which indictment he
pleaded Not Guilty.
Mr. R. Gurney and Mr. Doane conducted the pro-
. secution ; the prisoner was undefended.
City Police Sergeant Butter, 403, stated that on
the 21st of September last he took the prisoner into
custody for fraudulently obtaining a dinner at the Ge-
neral Wolfe public house, in the neighbourhood of
Cheapside, to the amount of 4s. 4d. without the means
of paying for it. On getting him to the station-
! house, his conduct became quite outrageous, using the
mo►t violent epithets. He completely wrenched oft
a bar that divides the office at the station-house from a
passage, and made a desperate effort to strike Mr. In-
spector M`Lean, who was on duty, but he failed in his
object. He (the prisoner) then made a strong endea-
vour to escape, and apparently intentionally put his
head through a valuable plate of glass, and broke it.
At last he became so exceedingly violent that the of-
ficers on duty were obliged to strap him down on a
stretcher, as well as securely hand-cuff him, and then
remove him to the Giltspur-street Compter. On the
next day he was taken before the late Lord Mayor,
Sir W. Magnay, who sentenced him to two months'
imprisonment for the wilful damage of the glass; and
on being liberated from Bridewell he was again taken
into custody for the charge of assaulting the police.
As regards the dinner the case was dismissed.
RECORDER—NOW, policeman, are you certain that
he wrenched the bar off. and attempted to strike the
inspector? Witness—lll swear he did, sir.
RECORDER—Very well. Now, prisoner, do you
wish to ask the police sergeant any question ? The
accused, who, from his address, seemed to be a very
well-informed, and certainly an ill-used young man,
replied that he bad formed a series of questions
whilst in the Compter, but which had been taken
away from him, by order, as he supposed, of the
governor, Mr. Whithair. He denied fraudulently
obtaining the dinner, inasmuch as he had money
enough in his pocket to have paid for it, but which he
was prevented doing by the police sergeant, or, as he
might technically designate him, the " learned ser-
geant."—(Laughter.) As regal* taking the bar,