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

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 LORDSHIP addressed r,o:ile most appropriate re-
marks to the prisoner, and sentenced him to six months'
imprisonment in the House of Correction, with hard
labour.

George Swairu•on was indicted for having, on the 22d
of July last, at Cuwthorne, 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.—Shrewsbury, Dec. 7.
The commission fur Salop was opened yesterday
evening, and Mr. Justice Coltman having attended
Divine service this morning, at St. 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, St.f., being the foreman. • The calendar contains
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
vk as 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 PATTZSON.)
Thomas Berresfbrd, a venerable-looking old man, sta-
ted to he 74 years of agp, WAG Anil:.(l on the ooroner'e
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. Mzieon, 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, yet, as
he acted under strong influences, created by the conduct
pf the dedeased, the offence did not amount to murder,
but to the minor offence of manslaughter. There %v.'s
no floubt the prisoner was the sport of the ruffianly boys
of the neighbourhood in which he lived, and thst lip was
at the time he fired the gun much excited by the out-
rages which were committed upon him. It would, how-
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 deceast-d. If the discharge of
the gun.was accidental, of course the jury would acquit
the prisoner ; but, if intentionsil,.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.pharge imputed to him in the
indictment. • _
The circumstances of the case, as proved in evidence,
were shortly as follow ;---7The 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 village 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 left
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 h. shortly afterwards expired. The pri-
soner, when apprehended, stated that he had fired the
gun in self-defence.

A large bagfull of stones 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. MACAULEY, in defending the prisoner, said the
jury must undoubtedly convict him of manslaughter,
unless he (Mr. Macauley) could convince them that he
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. lie would show that the
prisoner fired the gun when a shower of stone,' 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 Berresford 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. Sliatchley, surgeon, proved the injuries the pri-
soner had received upon his arms, and spike 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 bo inten-
tional,

Mr. Justice PATTESON, in summing up. said there was
no doubt the prisoner was useo exceedingly ill, and that
he received gross provocation, but that did not justify
him in the use of fire-arms. lie 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 recom-
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 in
prison a considerable time ; and, morever, he had re-
ceived the greatest provocation from deceased and his
companions. The sentence was, that le 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 be 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-
phery, 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-Will 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
most violent.epithets. He completely wrenched off
a bar that divides the office at the station-house from a
passage, and made a desperate effort to. strike Mr. In-
spector INPLean, 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 Giltsplfr-street Compter. On the
next day he was taken before the lute-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,Toliceman, are you certain that
he wrenched the bar off, and attempted to strike the
inspector? Witness—l'll 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 had 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 regards taking the bar, t