The Sun.
London, England, 1845-12-02 00:00:00

THE LATE FAILURE.

The following notification appears in the Dublin Gazette
of last night;—
"Abel Labertouche and Hugh Stafford, both of the city of
Dublin, notaries public, stock-brokers, merchants, traders,
dealers and chapman, and co-partners in trade ; to surrender
on Thursday, the 11th day of December next, and on Friday,
the 9th day of January following."
The liabilities of this firm are said to be much larger than
had been supposed,! and rumours are afloat respecting the
nature of those liabilities which it would be premature to no-
tice at present.
Much less alarm prevails in monetary circles here, and it
is likely that confidence will soon be re-establihed.

THE CORN-LAWS and LORD JOHN

RUSSELL.
TO THE EDITOR OF THE SUN.
SlR,—The tide has at length reached its highest point, and
the agitation of years is crowned by obtaining a Russell. I
am truly thankful that he has forestalled Sir Robert Peel.
That statesman, the stereotype of improvement, will con-
tinue, as he has always done, a mere copyist. But in our
acquisition, we must not forget that this country would have
escaped many of the perils it has passed through had Lord
John been sooner convinced ;—however the efforts of the
League are well and amply repaid in at last securing such a
tower of strength as Lord John Russell. May he be the
man to open to his country a long era of happiness. Sir
Robert must indeed be sadly annoyed, when he reflects how
he has allowed the opportunity of placing himself in the po-
sition that Lord John Russell will now occupy, pass by.
Let the corn-law be abolished to-morrow, Sir Robert has lost
the credit of doing it; he has become the servant of other
men's opinions, and not the master of his own. The hope of
obtaining a niche among great men, after death, must burn
very dim, on the reflection of his having dallied with one of
the greatest questions of the day, at a time, too, when famine
is pointing to the corn-law as the cause of her appearance.
Yours, &c. OBSERVER.
Devonport, Nov. 28, 1845.

STRIKE AMONG TUE RAILWAY LABOURERS IN
PERTHSHIRE.— In consequence of the shortening of the hours
of daily labour at this season, the contractors for the portion
of the Scottish Central Railway now in course of formation
near Auchterarder, intimated to their workmen their inten-
tion to reduce their wages two shillings per week. This re-
duction about 400 persons resisted, and on Thursday and
Friday they walked about the streets of Auchterarder with
their working implements on their shoulders, but committed
no acts of violence. The sheriff and other authorities had
previously made provision against such an emergency, by
constituting a large number of additional constables in the
districts to be traversed by the line of railway ; and the
whole arrangements were so effective that not a single act of
outrage occurred. After two days' idleness 340 of the mal-
contents returned to work upon their masters' terms, and the
remaindr went off peaceably to see and obtain better else-
where. At first some of the railway officials had objected to
the strength of the permanent railway police established by
the Sheriff in the districts where the labourers are congre-
gated; but they may see from this instance that the preven-
tion of crime is not only better than its punishment for so-
ciety', but for these public undertakings also.—Perth Courier.
e:atigea/E inII
CINGAM PALACE.—Above 100 workmen are
making necessary alterations and re. embellishing
the interior of this regal residence, and we understand the
orders are, that the whale are to be completed by the second
week in January, for the reception of her Majesty and suite.
TAB ROYAL STIGUOUNDs s —lf Royal Irghn
Prince George of Cambridge, Lord Rosslyn,i i Sr John Heath-
cote, lt
cote, several of the officers of the 4th Light Dragoons, from
Hounslow, and a field of upwards of two hundred were at the
meet on Friday, at Stoke Common. The celebrated deer,
Jim Crow, upon being uncarted on the Common, took away
to the vicarage, heading to the left to Hedgerley Park,
through the village, where it " took to the road," for three
miles on to Beaconsfield. Jim Crow, after three-quarters of
an hour's run, was taken close to the town and housed at
Mr. Hare's. P goodly number was up at the finish,

LAW INTELLIGENCE

his order, for that he could not vfben the, action Avai brou4ht
tell to whom he was indebted, and had sworn so on the pre-
vious examination.

The insolvent, being now questioned by the Court, said
that Godsdell called upon him and told him that he had
bought the debt, but that Messrs Lyall had agreed that their
name might be used as plaintiffs.
The Learned CO3DiI&iIONER said that the insolvent put
himself out of Court by defending an action after such a
warning.
Mr. Hughes said, that if Messrs. Lyall were present it
would be seen that Godsdell's statement was false ; it was a
great hardship on the insolvent to compel him to come up
again merely because the party who could give the best
evidence was not in attendance. _ . .

Mr. Lucas said this was a flagrant case, and the insolvent
was not entitled to his final order; he had himself admitted
that he had defended the action after notice ; indeed, it was
clear he had wilfully withheld the fact on the previous occa-
sion, and had only let it slip accidentally.
The Learned COMMISSIONER said he would not grant the
order or protection, but the insolvent might come up again
when ➢lr. LTall could attend. . .

➢lr. Lucas objected to the re-opening of a case which had
already been decided by a jury.
The COURT said Mr. Lyall might be summoned at insol-
vent's expense.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before the RECORDER.)
William Carney, Benjamin Barnett, and William Lewis,
were charged with cutting and wounding Edward Burgess
and Joseph Bray, two police-constables, while in the execu-
tion of their duty.
Mr. Bodkin and Mr. Clarke appeared for the prosecution,
and Mr. Payne defended the prisoner Barnett. The other
two were undefended.
Mr. BODKIN stated the case, and then proceeded to call his
witnesses.
Edward Burgess, police-constable 198 H, stated that he
was on duty in plain clothes in the Whitechapel-road, at
half-past eight on the evening of the 13th November, and he
observed a horse and cart standing before the door of the
King's Arms public-house. He knew that the two men who
drove the cart were associates of thieves, and suspecting
something wrong, he called another policeman, Bray, and
leaving him in charge of the cart, he himself entered the
public-house. He saw in the room inside a great many men
of bad character, but could not find the two men he bad
seen with the cart. He afterwards returned to Bray, and
told him that they must drive the horse and cart to the
station-house. They had taken hold of the horse's head
with the intention of removing him, when about twenty men
rushed out of the house, calling upon them to leave
the horse alone. The prisoner Carney attempted to get
into the cart, but did not succeed in doing so. He
could see Barnett and Lewis there also. Barnett said to
witness, " Mr. Burgess, let go the cart, it belongs to him,"
pointing to a person named Myers, who was sitting in the
cart. He replied that he must remove the cart, and imme-
diately after he wasstruck three or four blows by Lewis, and
Carney struck him on the face with such violence that the
end of his nose was almost cut off. He was again struck on
the left temple, and fell. Two r•f the persons present carried
him to a surgeon's. The prisoners were all the associates of
thieves.
Joseph Bray, also of the II division, proved that Carney
struck Burgess with an open penknife. He himself was soon
after struck by a life-preserver by Barnett, and fell, and the
cart was driven off by some of the persons present. He was
confined to the hospital for some days.
Carney, on being taken into custody, said that he was
thirty miles distant on the night of the alleged assault.
Mr. Sanders, surgeon, at the London Hospital, said when
Burgess was brought in, he discovered that the cartilage of
the nose was severed, and a severe gash was inflicted on the
temple. The wounds were such as might have been inflicted
by a pen-knife.
The prisoner Lewis, in his defence, said that he had not
been in the crowd at all.
Mr. PAYNE, after addressing the jury, called several wit-
nesses, who positively swore that Barnett was not the man
who attacked the policeman Bray.
Carney offered no defence.
Mr. BODKIN shortly replied.
The RECORDER summed up, and the jury, after consulting
for some time, returned a verdict of Guilty against all the

prisoners.
The RECORDER then sentenced Carney to be transported for
life, and Barnett and Lewis to be severally transported for
fifteen years.

NEW COURT.
(Before Mr. Commissioner BULLOCK.)
Mary Fowler, 35, a woman of repulsive appearance, was
indicted for! that she on the 26th of November did make an
assault on Hannah Connor, and with a chopper inflicted a
wound on her forehead with intent to do her some grievous
bodily harm.
Mr. Platt conducted the prosecution, and Mr. Huddlestone
appeared for the defence.
Hannah Connor stated that she is the wife of a shoe-
maker, residing at 19, Half-moon-street, Bishopsgate-street.
She resides iu the same room with her father, mother,
sister, and husband. The prisoner lived in the room
under them. On the evening of Wednesday, the 26th, her
father sent her down stairs to fetch some water. Just as she
had got the water she heard a noise in the yard, and ran nu
stairs without shutting the door. Her father asked her if
she had shut it, and when she told him that she had not he
went down stairs for the purpose of shutting it. The prisoner
met him in the passage, and became abusive, saying the door
was left open for the purpose of annoying her. Her
mother then came down, and some words passed
between her and the prisoner, but they were separated.
The prisoner was then standing at her own room-door, and
she said to witness, "rome here." Witness went up to her,
and when she came within reach the prisoner drew a small
chopper from behind her, and struck her on the forehead. The
blow was so violent that it knocked her down and rendered
her insensible. When she came to herself she found that
she had received a serious wound on the forehead, and was
covered with blood. Witness had not spoken to her in any
way which could annoy her.
By Mr. HUDDLESTONE—There had been a great many
complaints made by the landlord that the back door of the
house had been left open, to the annoyance of all the lodgers
on the ground floor. Witness put a stone against it to keep
it open. She laughed loudly when .she get up stairs, but it
was in consequence of something that her father said, and
which did not refer to her leaving the door open. When her
mother went down and spoke to the prisoner there were
very angry words used, but no blows passed before the pri-
soner struck her. Does not remember anything after that,
as she was quite insensible.
John Goodchild, the father of the last witness, stated that
on the evening of Wednesday last, he sent his daughter down
to fetch some water. She came running up stairs immediately
after, as if frightened. He asked her if she had shut the
door, and she said that she had not. He then went down
himself to shut the door, and the prisoner came out of her
room and became very abusive. After some words had
passed she took a chopper from behind her dress and struck
his daughter on the forehead. The blow rendered her insen-
sible, and the wound inflicted bled to an alarming extent.
By Mr. HUDDLESTONE--There had been no fighting or
scratching before the blow was inflicted.
Benjamin Catmouth, a police-constable, proved that he
took the prisoner into custody. There were from 60 to 70
people round the door, and there was a great disturbance.
This closed the case for the prosecution.
Mr. HUDDLE STONE then addressed the jury at some length
in defence, and called
Timothy Ryan, the landlord of the house in which the
parties lodged. He stated that the family of the Connors
and Goodchild were very noisy, and that they beat the pri-
soner, who, in defending herself, accidentally struck the pro-
secutrix with a chopper which she had in her hand.
The jury returned a verdict of " Guilty of a common
assault."
Mr. Commissioner BULLOCK, in passing sentence, said that
he hoped that the prisoner would indulge in no further bad
feeling against the prosecutor, as she had recommended her
to mercy. Her crime assumed a very bad appearance, as the
instrument with which the injury was inflicted might have
caused her death. The Court, however, taking all the cir-
cumstances into consideration, would pass a lenient sentence,
which was that she be imprisoned and kept to hard labour
for three calendar months.

OFFICIAL LIST OF THE SENTENCES AT THE CENTRAL
CRIMINAL COURT FOR THE NOVEMBER SESSIONS.
Sentence of Death was recorded against Charles
Carter, for a nameless offence.
To be transported for Life--William Carney, Wil-
liam Beard, James Dixon.
For Fifteen Years—William Lewis, Benjamin Barnett.
For Fourteen Years—Adolphus William Bodill and
John Williams.
For Twelve Years—William Anderson, Charles Gibbs.
Fur Ten Years—George Gamble, James Lane, Charles
Williams,Frances
Mitchell, John Grogan, *James Burke, William Rowe,
John Murphy, Paul Cooper, John Gord, Francis Cope,
Elizabeth Langley, Isaac Je as op, Anna Burns, William
Benbow.
j al:10o ricSi
seevoetn, Years—Robert
Daniel
AMary Cetterell, Edward Chendle, Susannah New, Wolff
Tielzner, John Evans.
The following were ordered to be kept to hard labour
for the periods specified :
For Eighteen Months—Henry Timpson, Thomas
Joyce, John Leaden, Stephen Prescott, Eliza Herbert,
ron , ijoilhlinamßsoys F,
caanrcoelsin Payne,e
Catherine Jefferys, Mary Anne Browne.
For Twelve Months—John Coleman, John Pearce,
John Preston, George Collins, Charles Bunn, George
Bracton, alias Baxter, William Jones, Thomas Wright,
William Cooper, Thomas Ticer, Robert Baxter, James
Filer, Catherine Hackett, George White, alias Black.
man, Sarah Saunders, Charles Phillips.
For Nine Months—John Jones, Charles Thomas
Knight, Charles Barrow, John Hammond, James
Pantry, Mary Anne Sullivan, Thomas Coltman, Wil-
liam Prior, Mary Baker, Caroline Williams.
For Six Months—Thomas Owen, Richard Aldridge,
Thomas Durrell Wrench, Frederick Dean, Thomas
Kebble, James Woodward, Joseph Miers, Frederick
Pearson, Joseph Brown, Richard Martin, Martha Lynd-
ham, Robert White, Charles Grey, Allan Williamson,
J. Dobbins, T. Callenear, Francis Nicholls, Anne
Gardner, Jane Cribb, Daniel Dodson, John Brown, Ro-
bert Way wood.
For Four Months—John Cronin, Richard Green,
Margaret Macdonald, Charles Kingstone, James Catlin,
William Hemmings, Barnett Worrow, William Hyde,
Elizabeth Blackenbury, Richard Mills.
For Three Months—William Jones, James Collins,
William Agrar, Lewis Benjamin, Robert Lead, James
Sait, John Williams, George Houghton, Mary Fowler,
Anne Hamesworth, Mary Drake, henry Smith, John
Marshall, Andrew Dark, John Whitehead, Joseph
Burton, William Winn, Thomas Barefield, Thomas
Dodd, William Johnson, John Gomm, William Alex-
ander. George Booty, Rachael Venton, Thomas Watson,
George Reed, James Mann, Frederick Davis, Eliza
Russell, Mary Anne Johnson, Mrs. Hamilton, James
Harper.
Some other persons were sentenced to shorter periods
of imprisonment, varying from one week to two days
in Newgate.
The following prisoners were acquitted by the petty
jury :—John Roberts, Robert Adlington, William Pike,
Edward Powell, Thomas Gould, Edward Smith, Charles
Elam, Thomas Jones, Mary Smith, Samuel Wyndham
Jones, William Beckett, alias Michael Dering, Richard
Turley, James Jefferys, Michael Crawley, John Brown,
Jane Scott, George Jevers, Joseph Marrs, Ellen
Quinne, Edwin Andrews, alias Edward Bragg, Mary
Crawley, George Messenger, Thomas Howard, James
Jones, Henry James, John Bushell, Henry Smith, Fre-
derick Morrison, James Lockington, John Brett, Moses
Hakal, Hannah Davis, Nicholas Popert, William Hall,
Robert Davis, David Cleery, Henry Clark, Mark Gla-
zier, John Rasberry, Reuben Wiles, William King,
Edward Jones, Thomas Gomett, Emanuel Todd, Charles
Lee, Jeremiah Sheen, John Matthews, Patrick Bryan,

suN, LONDON, TITESDAY MORNING, DECEMBER 2, 1845

Robert Donlan, Margaret Kelly, Eliza White, Mary
Anne Curtis, John Horrobin.

There were only eight bills ignored by the grand jury.
The Court, at its rising, adjoured to Monday, the
sth December.

POLICE INTELLIGENCE.
MANSION-HOUSE.
THE CORN-LAWS.-Mr. Ashurst, Mr. Peacock, and
Mr. Johnson, members of the Common Council, waited
upon the Lord Mayor yesterday, and presented to his
Lordship the following requisition, which was signed
by fifty of the representatives of the wards of the City:—
" We, the undersigned members of the Corporation,
respectfully request your Lordship will call a Special
Court of Uommon Council at your earliest convenience,
to consider the propriety of petitioning her Majesty to
take all such means as she may constitutionally possess
for throwing open the ports of the United Kingdom of
Great Britain and Ireland for the free importation of
food."

Mr. Ashurst said that if it were thought necessary, the
number of requisitionists could be vastly increased.
The LORD MAYOR said the proposal to call a Court
of Common Council upon such a subject required some
consideration. Did the deputation who waited upen him
think that there was an emergency which demanded
immediate attention ? He thought himself that there
was no occasion at all for haste in the matter.
Mr. Ashurst believed the emergency to be extreme.
He submitted that upon receiving a requisition so nume-
rously signed, and upon a question of such importance
a Chief Magistrate had no alternative. The deputation
applied merely for the opportunity of discussing the
subject which occupied the public mind to so great an
extent.
The LORD MAYOR said he really could not see that
there was any emergency. There was employment for
more hands than could be procured to do the labour
which the activity of public business required. The
price of bread, notwithstanding all that had been said
upon the subject, was low, and why any agitation should
be encouraged in the City of London, when the pros-
perity of the country appeared to be of so cheering a
description, he could not at all comprehend.
Mr. Ashurst said the deputation did not mean to at-
tempt to interfere with his Lordship's opinion upon the
question of throwing open the ports. The propriety of
the measure might or might not be questionable, but the
propriety of discussing it could not at all be disputed.
The LORD MAYOR thought Thomas's-day (the day
of Common Council Election) had something to do with
the application.
Mr. Ashurst and the other gentlemen of the deputa-
tion denied that such a thing ever entered into their ima-
gination as the idea of recommending themselves to the
constituency by bringing forward the question. If they
had had time, they would have procured 150 signatures
to the requisition instead of 50.
The LORD MAYOR observed that a dozen signatures
would be sufficient on an occasion upon which the neces-
sity of calling a Court was apparent ; but he must say
he could not see any occasion at all for haste. Besides,
if the subject required discussion, why did not their
deputation make application for as public a meeting as
possible ? Why did they not assemble in Common Hall
at once ?
Mr. Peacock said they had very good reasons for not
meeting in Common Hall, inasmuch as the Livery could
not go up with an address to the Throne. If it were
otherwise, there could be no hesitation as to the course
to be adopted.
Mr. Johnson submitted to the Lord Mayor that the
urgency of the case demanded an immediate acqui-
esence upon the part of his Lordship. The winter was at
hand, bringing with it its usual concomitants of misery
and distress to the poor, and it was incumbent upon
those who represented so large a portion of the popula-
tion to do all they could to ward off the afflicting con-
tingencies of the period.
The LORD MAYOR—I shall consider the matter, and
give you an answer as soon as possible.
Mr. Chapple, a newspaper agent in the City, applied
to the Lord Mayor for a summons, calling upon the
directors, or secretary, or provisional committee of
one of the railroad speculations, to answer the charge of
having refused to pay back some money which he (the
applicant) had depesited in the hands of the London
Joint-Stock Bank to the account of the speculation.
The LORD MAYOR said he had heard a great deal
about the refusal of directors to pay back de-
posits after they found it was impossible for them to
go to Parliament in the ensuing session, and he should
be happy to exercise whatever power he might have to
serve parties who were inconvenienced by the dishonest
detention of their money. His Lordship desired to
know whether the company was broken up.
Mr. Chapple said he had paid 841. at the London
Joint-Stock Bank upon a letter of allotment for forty
shares. Soon after he had paid that money, he received
a letter stating that the directors would be satisfied with
ten shillings a share instead of two guineas, and subse-
quently be had learned that the company had suspended
their operations, but on applying for his money, he was
not only refused that, but even the scrip had not been
forthcoming. The directors seemed to him to be disposed
to gain some advantage from the project at all events,
for without any rational pretext they persevered in hold-
ing his property.
The Lotto MAYOR.—I shall certainly do all I can
to assist you. I shall grant a summons, and try what
can be done to prevent the consequences of such an evil
to my fellow-citizens.

THE KENNINGTON MURDER.
LAMBETH POLICE COURT.
The prisoner was brought up for farther evidence.
Win. Quennell, Kennington-lane, is half-brother to the
prisoner by'the same father. Prisoner is about 22 ; witness
is 39 years of age. Prisoner was in his employment as a
labouring man. Knows Daniel Fitzgerald, the deceased, who
was also in his employment up to his death on Thursday
last. Witness heard of his death about five minutes after
witness had paid him half-a crown ; then the other
labourer came back and said he was shot. Witness
went to Peacock-street and found deceased had been
carried into the public-house. Witness had not discharged
the prisoner. He worked on witness's premises last Wednes-
day week. Witness told him last Saturday-week, at night,
on paying him his wages, that he had better look out for
work somewhere else, as they should be slack. This he told
prisoner on Wednesday previously. On Saturday he added as
a reason what Fitzgerald told him. Witness's wife first
began, " Samuel," said she, "how came you to say what
you did say, against William, after he has been so kind to
you ?" Prisoner said, " I don't know I have been saying any-
thing wrong." What you have been saying to Dan, that you
had a good mind to go and give prisoner a b—y good hiding ;
and if you got money you meant to set up in business against
him, and go round to his customers. Prisoner said he had
said some things, but Dan had told more than what he had
said, and that it was through Fitzgerald that he had said
what he did say. That Fitzgerald had tried to get him to
say things against witness. it was all Fitzgerald's fault. A
person came in at this point of the conversation to pay wit-
ness an account, and stopped its progress, when prisoner
went out. Prisoner gave no reason for Fitzgerald's
doing this. His manlier of saying this was his usual manner,
sullen and indistinct. Witness never heard him speak against
Fitzgerald. To the best of witness's knowledge, pri-
soner and Fitzgerald were always on the best of terms.
Before the Saturday, witness heard of these words from
Fitzgerald, but had said nothing of it, lest it should excite
jealousy between them. Witness's wife, seeing some differ-
ence between witness and prisoner, asked Fitzgerald what
the reason was, and thus came to know and to
speak of it. After 'Wednesday week prisoner did
not work for witness. The conversation happened
on the Saturday following. Witness saw prisoner on Sunday
morning near the Ship public-house, but had no conversation
with him since the conversation in question till the death of
Fitzgerald. Witness is not aware whether prisoner ever
after came to his yard. Prisoner lives in Frederick-street,
which is near Peacock-street. One might go from Kenning-
ton-lane to Frederick-street through Peacock-street. Five
o'clock is the proper hour for leaving off since last Saturday
week. Witness believes prisoner knew this. Twelve o'clock
is the dinner-hour. Had not seen the prisoner on Thursday.
Fitzgerald had been in witness's employment seven or eight
years, and the prirs,ner for five months. had observed
prisoner and Fitzgerald, and thought them too familiar. Had
not seen his brother lurking about his premises. By sullen
witness means a disagreeable manner of answering.
By MAGISTRATE—Witness expected prisoner to apply for
work again on Monday, but he did not. The conversation
took place in the front-kitchen, where they are in the habit
of paying the men.
Mrs. Quennell, wife of the last witness—Recollects Satur-
day week, and the prisoner coming in to be paid by her bus-
k band, about 7 P.M., and asked him how he could be so
unkind as to speak so to Fitzgerald about his master? In
the morning Fitzgerald told her, that at the building where
prisoner was at work, prisoner came and stuck the shovel
into the mortar, and said he had a good mind to go and
knock his brother on the head ; and if he had
money he would go and set up against him. Witness
told prisoner all this, and prisoner replied it was
all Fitzsgerald's fault, he had urged him on to it. Fitz-
gerald had said to prisoner he knew Quennell better than
he (prisoner) did. Mrs. Quennell added, that was no
excuse for you,', ou (prisoner) ought to have come and told
us what Fitzgerald had) been saying. Witness thought she
saw tears in prisoner's eyes that •evening ; he appeared
much hurt. Thinks Fitzgerald and prisoner were on good
terms, both were wrestling together about a fortnight before,
when deceased hurt himself so as to be off work about a
fortnight. Witness did not see prisoner after that.
Mrs. Quennell expected him up on Monday. She had seen
Fitzgerald afterwards. On Tuesday she asked whether
Fitzgerald had seen prisoner. He said " No."
By Mr. Games—She knows prisoner knew where Fitzgerald
lived.
Mrs. Quennell was re-called—But certainly did not know
of any quarrel, or intimation of intention to quarrel, by either
party. Witness has been at prisoner's lodgings. Never
knew prisoner had a pistol, but has never been into prisoner's
room.
—M‘Carty—Does notknow whether prisoner and deceased
had seen each other last week, before the occurrence.
Witness as he went to dinner saw prisoner opposite the Horse
and Groom. Does not know when Fitzgerald was there.
Witness was not near prisoner. Prisoner was in the road
before the Horse and Groom with his face towards Kenning-
ton-lane.
By Mr. Games—Witness saw a person coming towards him
before the flash, but had not time to speak before. Imme-
diately on deceased saying " I'm a dead man," witness
saw prisoner quite clearly, and followed him up. Pi i-
soner began to run when near Kennington-lane.
Witness lost sight of him at the corner.
James Parkes, plane maker, has seen the prisoner before;
never but once before, and that was Saturday night week,
nearly about eight o'clock, at Mrs. Tubbs', in the New-cut.
Her shop is a general sale shop. Prisoner came up to the
shop front and handled a pistol, which was hanging at the
shop door. Witness was then in the shop. Prisoner turned
it round and examined it; he then pulled the trigger and
broke the hammer. This called witness's attention to the
prisoner, for l►e thought it a bad thing for him and
his family, it being Saturday night. Witness heard
the shopman say it was a bad job, but he
must pay for it. Something passed between pri-
soner and the shopman after that, but it was not heard.
Witnesss recognised the shopman in Court. After some
words between the shopman and prisoner, prisoner went a
little way from the shop door, but then returned, and both
came into the shop. He bought the pistol, and paid 2s. for
the accident, and ss. for the pistol, adding, " I did intend
buying one, but not to-night.' After this, having put the
pistol into his pocket, prisoner took up an accordion.
The pistol bought was one of a kind the same as that
in Court. He tuned the accordion, and smiled when
asked to buy .it, nod, laid_ it down and went out. Wit-

nt-' g‘fti'!". eves:- •
prisoner ail aw time, and is certain he is the same person.
Is quite sure. Prisoner wore a cap at the time, but does
not know what kind cif cap.
By Mr. Games.—Witness did see ss. paid ; it was paid
outside the strop. Is quite sure it was ss.
By the MAGISTRATE.—Knows the whole amount was 7s.
W. Welling, oilman, Walworth-road—He had seen pri-
soner before more than once. Is acquainted with hint as a
customer. He may have come to make purchases for the
last four or five months Prisoner was last at his shop last
Thursday afternoon, about four or a quarter-past four o'clock.
He bought a pennyworth of gunpowder. He said, " Let me
have a pennyworth of gunpowder, and let it be the best."
He had the best. He said nothing more, and witness said
nothing about it. There might be about half an ounce,
certainly not an ounce. It was not weighed. He left the shop
without any observation. Witness observed nothing unusual
in his manner. He might be in the shop about a minute
altogether. It was his usual manner—his usual mode of
addressing witness. He seemed quite sober. There was nothing
to excite suspicion. Witness asked no question of him.
Harriet. Denyer, a girl about 12 years of age, No. 8, Peacock-
street—Has lived with her father there better than vati
months. He is a labourer. Knows the prisoner. Saw him
first on Thursday evening at the top of Peacock-street, near
the Peacock, about a quarter past five o'clock. She was
close by when the pistol went off. Before that she saw
two men, and said to her companions (little girls)
she would not go that wav ; she saw something white, that
was the men in white clothes. Witness had scarcely said
so when the pistol was fired. Witness saw prisoner leaning
with his back against Mrs. Brent's door, and saw a man
whom she knows now was Fitzgerald, he was standing in
Peacock-street. The pistol was fired immediately after. Pri-
soner came up Peacock. street, and passed witness, and
knocked against her, nearly knocking her down. Pri-
soner was walking then up Peacock-street. Witness then
saw Fitzgerald near Mrs. Brent's, and saw Mrs. Brent
lift the dead man up. Witness is not sure that it was the
prisoner who leaned against Mrs. Brent's door. She is sure
it was the prisoner who passed her; she looked up into his
face. Prisoner began to run when he got up to the pump
near the Peacock. Witness is certain of the prisoner. Has
no doubt he is the same who passed her.
On this evidence the Magistrate committed the prisoner to
take his trial at the sessions. •
Mr. Games thought it proper at present to refrain from
making any observations.