The Sun.
London, England, 1844-03-28 00:00:00

THE SUN, LONDON, THURSDAY MORNING, MARCH 28, 1844.

I also found the greater part of a leg of mutton, a piece
of pork in salt, and also some butter.
Cross-examined—The right cuff of the jacket appears
to be very much torn. It is also torn under the arm.
Charles Hollington, examined byDlr. CLARKSON—I am
inspector of the police at Guildford, The prisoner was
given into my custody about 10 o'clock at night, on
Saturday the 6th, and the next day, in consequence of a
communication I received, I went to the police station to
see the prisoner. He told me he wanted to ask a favour.
I said if it related to the charge against him, I must
caution him that what he said must be taken down, and
would be used against him at a future time. He told
me that it did not relate to the charge, but that he de-
sired to see Mr. Pitman, the clergyman of Stratford
parish, and I promised to endeavour to do what he
wished. On the Monday morning I again saw the pri-
soner, and he told me he wished to say something. I
said he had better wait till the inspector who took him
in charge came. He said that he could not wait, adding
that he wished to relieve his mind. At this time he ap-
peared very feeble and dejected, and scarcely able to
support himself. I then took down in writing the
following statement from the prisoner's mouth:—
" On Friday evening I went home and took supper, but
on entering the door I saw my son eating some victuals.
I said to him, Where are you going to Bill?' He said,
lam going to the raffle.' I said, ' What is the use of
your going to the raffle?' He replied, James Shurlock
is going to give me a pint of beer, father; will you come
down and take a part of it?' I told him that I would
as soon as I had eat my supper. I went down as soon
as I had eat my supper, and took part of a pint of beer,
and called for another; and after that me and my son
went home together, and my son had something to eat
and went to bed. When he was gone I said to my wife,
'Oh, how hard it is for us to be in such distress ; we
have neither butter, nor cheese, nor sugar,' and whether
she had any tea I am not certain, for when we were at
supper we had but a piece of bread each of us, with a
little tea without sugar or milk, aid as I had spent the
twopence for the beer, we were quite destitute. It hurt
my feelings; so I said to my wife, 'I will go and get a
bird or two if I possibly can, for I cannot bear to see us
in such distress.' And I took the gun and went and
shot a brace of birds, and I thought if I could get sale
for them it would get a little tea and sugar. I came
away from the preserves directly, hoping that I should
return safe, but when I got to the river side I
saw the keeper coming towards me. I stood on one side
behind a furze bush ; but he saw me and said, ' you,
I've got you now.' He appeared to me to be a little the
worse for drink. He put up his stick and tried to strike
me, saying your eyes, I'll kill you.' I replied,
Don't do that, good man ;' and as he was going to
strike me, I jumped in and threw him down. He got up
again and used the same expressions. I threw him
down again, and he held me and repeated the third time,
I will kill you.' I then said to him, 'We will fight.
life for life.' He replied, ' I will,' and directly he got i
up, he struck at me with his stick and I warded off the
blow with my gun. I then struck him with the butt end
of the gun ; and as near as I can tell, it was near the
side of the temple. He rose again, and I saw the blood
running down his face. He seemed fully bent to come
at me again ; and I struck him again with the butt end
of the gun, and he fell down. Whether I struck him
once or twice afterwards I am not certain ; but the last
time I struck him on the ground, he rolled into the river.
I then went away and left him, and saw him no more.
I then went home, and my wife said to me, Have you
got any thing ?' I showed her what I had got, and she
said, Whatever shall we do with them.' I said, I
don't know,' I could not say anything more to her then,
but went to bed. She hung my wet clothes to dry by
the fire, and got up the next morning and, brought them
to me. (Signed) " JAMES ELSLEY."
Examination continued—ln consequence of what the
prisoner said, I went, on the Monday evening, to hls
cottage, at Bromley, and saw a bee-hive that was in his
garden, and I there' found two hen pheasants. The
prisoner had told me where to find them. They ap-
peared to have been shot.
Cross-examined—l asked the prisoner to sign the
statement, and he did so very readily.
Mr. C. J. Woods examined by Mr. CLARKSON—I am
one of the Coroners for this county, and I remember
upon the occasion of the inquest being held on the body
of the deceased, that the witness Hollington tendered
his statement, and when it was read over he said he
wished to abide by it in every respect.
Thomas Punter examined by Mr. LOCKE—I remem-
ber last winter hearing the prisoner say he would do for
Edwards some day or other if he had a chance.
Cross-examined—Did not know what he meant by it,
or who else was present when it was said. Could not
say when he first mentioned the conversation having
taken place.
James Douglas examined by Mr. CLARKSON—I am a
labourer, but I am not in any regular service. I was
placed to watch the prisoner in the station-house at
Guildford; and on the Sunday morning the prisoner
made a statement to me. I did not mention that state-
ment to any one until last Tuesday night, when I dis-
closed it to inspector Hollington. The prisoner said to
me, lam so full I cannot bear it any longer. He then
knelt down on his knees, and said he hoped the Lord
would forgive him, and protect his wife and family. The
prisoner then said, that he saw a man coming over the
lock, but did not know who it was at the time, and that
he ran back into the furze bushes, and as he was doing
so, he looked back and saw it was the keeper, and if he
had kept on running he would have just got into the
cover out of his way ; but as it was he got into the
furze thinking he would pass him. Edwards, however,
he said saw him and said " - you, I've got you, I will
kill you;" and he replied, "don't do that good man." Ed-
wards again said that he would, and as soon as
he said so, he (prisoner) paid into him, took him
round the waist, and threw him on his back.
Edwards got up, and they struggled, and both
fell to the ground, and were struggling together for a
minute or two, when Edwards again said, " you,
I'll kill you." He then said to him, "If that's what
you mean, Jem, we will fight life for life." Edwards
then asked him to let him get up, and, as soon as he
had done so, he came at him with a stick, and he bit
him down with the butt-end of the gun, and he laid on
the ground for several minutes. I (the witness) told
him that he might then have ran away, but he said that
he could not go away from the spot, and he felt deter-
mined to finish him. The prisoner went on to say that,
after a little time, the deceased came at him again, and
they continued to fight nearer and nearer to the canal,
and the deceased fell down near the canal, and he (pri-
soner) put up his foot and poked him in, and went away
and left him.
Cross-examined--Believes this was all that took place.
Did not put it down in writing, and should not have
mentioned it when he did, if he had not been asked the
question. He sometimes acted as assistant to the police,
sometimes as a gaoler, and did any job in a fair way.
He was formerly a publican, and then took to being an
assistant to the police. He was not whitewashed.
By the CouRT—I did not at first think there was any
material difference between the prisoner's statement to
me, and the one he made to the inspector.
• Mr. John Ray examined by Mr. LocKE—I am a sur-
geon, and reside at Bromley. By the direction of the
coroner, I made a post mortem examination of the de-
ceased. I observed many lacerated wounds upon the
head and face, and no less than twelve on the right side.
There were also the same number on the left side. There
Was a wound upon the nose which exposed the bone.
The principal wound was over the right ear, and this
was three inches long, and three broad. The temporal
pone and the jaw bone were both fractured, and pro-
bably at one time by the blow of some heavy instrument.
At first I thought there were traces of a gnn-shot wound,
but I did not discover any shot. The skull was
fractured, and laid bare jn several places. The deceased
died of aneurism of the brain, which would have caused
instant insensibility, and almost immediate death. The
jugular vein was severed, as was also the carotid artery.
Witness was shown some blood upon the ground, which
he had no doubt flowed from the jugular vein. It would
be totally impossible for a person who had lost such a
quantity of blood as must have been lost in this case, to-
have risen from the ground.
By. Mr. CHARNOCK—AII these injuries were such as
might be produced by two men fighting with a gun and
a stick.
By Mr. CLARKSON—There could have been no fighting
after the deceased received the blow on the side of his
head, which fractured the skull and severed the jugular
vein. The skull was completely smashed, and there
must have been a number of blows struck upon both
sides of the head.

Mr. John Chandler, surgeon, of Guildford, confirmed
the testimony given by Mr. Ray.
By the Cotarr—Did not think that suffocation had
anything to do with causing the death of the deceased.
This was the case for the prosecution.
Mr. CHARNOCY then addressed the jury for the pri-
soner, and he commenced by observing that he felt
deeply the responsibility that was thrown upon him in
having to defend the prisoner upon such a dreadful
charge as the one now made against him ; but he
trusted he should be able to satisfy the jury that the
offence did not amount to murder. The Learned
Counsel then proceeded to comment upon the circum-
stances of the case, and said that it was a melancholy
thing that, in order to enable persons in the position of
Lord Grantley to enjoy their pleasures, and preserve
their game, the lives of the poorer classes were to be
sacrificed, and he expressed his opinion that it would be
much better if there were no game, and that such lordly
pleasures should be altogether abolished, than that such
dreadful cases as the present, and similar ones all over
the country, during the present assizes, should have
taken place. He then went on to contend that the state-

ment Of the prisoner was the real truth of the transac-
tion, and that the violence had been done upon the un-
fortunate deceased under the impression entertained by
the prisoner that his own life was in danger, and, under
such circumstances, the offence would only amount to
manslaughter.
Mr. Baron ALDERSON summed up, and went minutely
through every portion of the evidence, commenting, in
his usual clear and admirable manner, upon the more
important points, as he proceeded, concluding byleaving
the case in the hands of the jury.
The jury retired, and, after being absent about twenty
minutes, returned into Court, and delivered their verdict,
finding the prisoner guilty of Manslaughter.
The prisoner was immediately called up for judgment,
and the Learned Judge, after observing that the prisoner
had reason to be extremely grateful for the lenient view
the jury had taken of the case against him, sentenced
him to be transported for life.

CIVIL SlDE.—(Before Lord Chief Justice DENMAN
and a Common Jury.)

SKINNER V. SALE.—TRESPASS.
This was an action for an alleged trespass and seizure
of the goods of the plaintiff. The defendant pleaded
Not Guilty as to the trespass, and that the entry into the
house was by the leave and license of the plaintiff.
Mr. PLATT, who appeared for the plaintiff, stated that
the plaintiff was now a pauper, but that he had been a
tenant of the defendant. The plaintiff occupied a cot-
of
tage at Pain's-hill, which the defendant was the land-