The Sun.
London, England, 1844-12-19 00:00:00

OXFORD ClRCUlT.—Stafford, Dec. 17

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At the sitting of the Court this morning, at nine
o'clock, the trial of Downing and Powys, for the murder
of Sir Thomas Boughey's gamekeeper, was resumed.
Mr. Yardley and Mr. Boughey were counsel for the
prosecution ; Mr. Allen and Mr. lluddleston for the
prisoners.
By the desire of Mr. Justice Coltman, two of the wit-
nesses who had been examined yesterday were recalled
and re-examined, but their testimony did not vary in any
respect from that which was yesterday adduced.
Several other parties gave evidence of a material na-
ture, to account for the motives which in all probability
induced the murderers of the unfortunate man to take
away his life.
Downing, it appeared, was a man of notoriously bad
character, and had repeatedly been in gaol, sometimes
upon charges of poaching, on one or two of which
Cooper (the deceased) had appeared as a witness against
him. He was proved on more than ono occasion to have
threatened, in terms devoid of much ambiguity, to wreak
his vengeance upon Cooper as soon as he was liberated.
The report of yesterday's proceedings comprises, how-
ever, all the material evidence against the prisoners,
which we have given more in detail than ordinary, in
consequence of the peculiarity of the circumstances,
which scarcely admit of being intelligibly arranged in
the form of a narrative.
Upon the close of the case for the prosecution, Mr.
Allen rose to address the jury on behalf of the prisoners,
which he did with much care and ability ; and Mr. Jus-
tice Coltman thereupon proceeded to sum up.
It was three o'clock, P. 31., before the Learned Judge
commenced this arduous and responsible duty, which
was discharged with the greatest impartiality. His Lord-
ship detailed in order all the various minute particulars,
dwelling carefully upon those which were material, and
pointing out a probable solution to difficulties and appa-
rent inconsistencies, which might arise in the course of
the deliberation upon which the jury had to enter, ar-
ranging, at the same time, with perspicuity and clear-
ness, all those facts which bore with the greatest weight
upon the case, as well as those which in any way tended
to exculpate the prisoners.
At five o'clock precisely the jury retired to consider
their verdict, and in three quarters of an hour returned
into court, when they pronounced both the prisoners
Guilty.

After the 'verdict had been fullylrecorded by the
officer of the court, and the jury had again expressed
their assent thereto, the foreman (turning to his Lord-
ship) said, " So far as mercy can belshown 'in a case of
murder we would wish it to be extended to the prisoners
in the present case I"
The Learned Judge thereupon made a note of recom-
mendation, which cannot but be esteemed a most ex-
traordinary one, in a case of deliberate and diabolical ,
murder such as the present, in which it is impossible
to: observe one single palliating or
,extenuating circum-
stance.

Mr. Justice COLTMAN, having covered his head with
the black cap, thus addressed the culprits :—" You two
young men have been found guilty of a most deliberate
and cruel murder, committed so doubt from motives of
the deepest and most cold-blooded revenge. The jury
have thought proper to annex to their finding a recom-
mendation to mercy ; it will, however, be out of my
power to do more than to lay that recommendation be-
fore her Majesty's Ministers. It only remains for me
now to pass upon you the last painful sentence of the
law, and to entreat you to prepare for that dreadful end
which you must so shortly experience. It is not for me
to extend to you either mercy or hope ; all that now
remains for me is, to direct that for this your offence
you, and each of you, be conveyed to the place of con-
finement from which you were brought here, that you
be taken thence to a place of execution, and that you be
there hanged by the neck until your bodies be dead, and
that after death your bodies be buried within the pre-
cincts of the gaol, according to the form of the statute."
The prisoner Downing, who throughout the trial had
conducted himself in an insolent manner, laughing in a
sarcastic manner at intervals, during the proceedings,
here made a loud protestation of his innocence, and on
being conveyed from the dock, catching a glimpse of
some of the witnesses, looked at them in a menacing
manner, and shaking his fist, poured forth a volley of
threats and execrations against them.
The district from which the prisoners come is de-
scribed as occupied by the most desperate and lawless
set, and has been the scene of more than one fearful
tragedy of late. It is, therefore, to he hoped that the
awful fate of these crimiaals may operate as a warning
to the inhabitants of the district which was the scene of
their atrocious crime.

MIDLAND ClRCUlT.—.Nottingham, Dec. 17.
(Before Mr. JUGtiCe PATTESON.)
Thomas Jackson, aged twenty-one, Joseph Bailey, aged
twenty-one, and William Harrison, aged twenty-two,
were charged on the coroner's inquisition, held at Newark
on the 27th of August, the former prisoner with killing
and slaying John Toder, and Bailey and Harrison with
aiding and abetting in the same. Jackson and Bailey
were also arraigned upon an indictment, proceeding from
the Court, for the same offence. As against Harrison,
the grand jury ignored the bill.
Mr. WILLMORE, on the part of the Crown, said that as
the bill against Harrisoi had been thrown out he should
offer no evidence against him on the inquisition, and he
would, consequently, be acquitted.
A verdict of not guilty was according taken in favour
of Harrison, and the case proceeded against the other
two. The prisoners, who were undefended, were mild,
inoffensive-looking youths, in circumstances apparently
of the better order among the poorer classes.
Simon Calla, sworn, examined—ls an ostler living at
Newark. On the 26th of August he saw the deceased,
John Toder, near the Trent Bridge, and a number of
persons following him. Witness understood there was
going to be a fight, and he went with them in order to
keep them out of a close of his master's. Went into a
field with them belonging to Mrs. Cooke. Saw Jackson
and Bailey there. When in the field the deceased and.
Jackson pulled off their clothes, shook hands with each
other, and then began to fight. llad previously heard
Jackson say he had ss. ; whereupon Toder said he would
rather fight him for 108., but as he had only got ss. he
would fight him for that. The men fought for an hour
and a half. 'Jackson seemed at first to have the best of
it, and then Toder, until within the last six rounds.
Heard Toder say "He would take the shine out of Jack-
son," and after that the battle seemed to go against him.
Saw Jackson in the last three rounds hit Toder several
severe blows on the body. It was a fair fight. When
time was called, Toder said he would give over. He was
sitting on his second's knee. Jackson went up to him,
shook hands with him, and witness then left the field.
Saw Bailey " hand" or second Jackson for several
rounds, when a man named Elvidge came an took his
place, and Bailey did not do any more.
William Kirby deposed to having been present during
the whole of the fight. Saw Bailey there. Ha acted as
second in the early part of the affair.
Mr. Justice ParrasoN—Were you present the whole
time? Witness—Yes, my Lord.
Mr. Justice PArresoN—Do you know you have ren-
dered yourself liable, and may be indicted for man-
slaughter ? Witness (with a look of ludicrous astonish-
ment)—No, my Lord.
Mr. Justice PATTESON—Then you are ; and you had
better understand that every man who is present at a fight
of this description, death ensuing, is liable to be indicted
for manslaughter. Understand that, and recollect the
caution I have given you.
Mary Hanson, an elderly woman, stated the deceased
was brought to her house on the 26th. He was very
bad and never stirred or moved. his head was very
much swollen and bruised. Washed it over with warm
water. The doctor came, bled him, and ordered the ap-
plication of nine leeches to the head. About three -in
the morning Toder threw from him a quantity of dark