The Sun.
London, England, 1828-02-26 00:00:00

OLD BAILEY.-(THIS DAY.)

William Howard, alias Joshua Bell, alias Josiah Bell,
aged 36, and described as a teacher of languages, was in-
dicted for assaulting W. Mullay with a knife, with intent
to rob him of 450/., his monies.
This indictment contained seven counts, one of which
charged him with the intent to do some grievous bodily
harm.

Another indictment charged him with striking William
Mullay with " a sharp instrument," with intent to
rob, &c.
The prisoner, who appeared much older than described,
pleaded, with much apparent firmness, " Not Guilty."
He is about five feet eight inches in height, of a wiry, spare
frame, and rather designing face. His features are strongly
marked or indented, his cheek bones high, and his small
grey eyes bear a shrewd expression. He appeared much
better in health than when at Hatton-garden, having got
rid of the cataplasms on his head, but his left eye still
bears a dark bruise.

When the prisoner was pleading, Mr. CLARICVON, his
Counsel, submitted to the Learned Judge that the
public justice would be no wise advanced by the prisoner
being tried upon two indictments, each containing seven
counts, and describing in different ways the same offence.
Such a course would greatly embarrass his (Mr. C.'s) line
of defence, and if the prisoner were convicted on the second,
the first would be unnecessary, as it was fully contained in
the second. The Learned Counsel therefore suggested that
the prisoner be tried on the second indictment only.
Mr. LAW, for the prosecution, saw no reason why the
prisoner should not be tried on both indictments.
Mr. Justice GASELEE thought the same way, and the
prosecutor was called for, but did not appear. The
Learned Judge ordered the prisoner to stand back;and an-
other case to be called on ; four, however, were called,
and some or all of the witnesses were absent. The Learned
Judge commented severely on such inattention, and de-
clared his intention to entreat the recognizances of all persons
not attending, and to discharge the prisoner. An officer
was then despatched to Mr. Mullay's lodgings, with orders
to compel, if necessary, Mr. M.'s attendance.
A case of robbery was then disposed of, and Howard was
cgain called up. He appeared plentifully supplied with
pens, ink, and paper, and again coolly pleaded not guilty.

Mr. Law then stated the case, and observed, that the
charge involved both the fate of the prisoner and the best
interests of society. The indictment was founded on the
43d Act of Geo. IV., which stated that any person assaulting
another with a sharp instrument, with intent to rob,was guilty
of felony, without benefit of clergy. It would therefore be a
capital offence to pull a trigger of a loaded gun, with in-
tent to produce death, even if the gun did not go off. The
Learned Gentleman then contended that it was the intent
which constituted the extent of offences of this nature. He

then proceeded to state the facts, and did not hesitate to say
that the attempt to procure a situation under Government
by bribery, in any shape, was most certainly an offence
which he would not attempt to exense. He then stated
that the prosecutor had advertised for a situation under
Government, and received a letter which led to four inter-
views, at No. 36, Red Lion-square, and detailed the pro-
gressive steps taken by the prisoner to impress on the pro-
secutor the belief that he could be instruastental in procur-

ing the prosecutor a situation, by meats of a third per-
son, of broken fortune, but great interest, who, for a sum
of not less than 300/., would lend himself to forward

the prosecutor's views. The money was taken by the pro •
secutor on the third interview. He, however, did not,
as appointed, meet Mr. Owen, the prisoner's friend, who
did not come. It was then agreed that the prosecutor
should bring with him the same sum on the next day.—
He accordingly went with the money, and on entering the
room, observed a long knife lying on the mantel-piece,
and also a trap•bat, which struck the prosecutor as being
extraordinary. He remained there for some time, and
complained of Owen's not attending. He observed that the
prisoner had placed the poker in the fire, and although
Mullay once took it out, the prisoner returned it to the
fire, whence it afterwards fell out and burnt the rug.—
Molloy still complained of Owen, when the prisoner, who
had been walking about with great apparent agitation,
suggested the propriety of Mullay's writing a note to Owen,
Howard, who was behind him, then struck him a violent

•
blow on the head with the bat, which he repeated. Mel-
lay jumped up, and closed with the prisoner, and threw
him. fie then discovered that the prisoner had in his
hand the long knife which he had seen on the mantel-
piece. Prisoner at one time told him it was no use to call
murder, as he (prisoner) had assistance. When they were
on the floor together, the prisoner begged for mercy, and
asked the prosecutor, whose cries bad brought several per-
sons on the stairs, to say that they were only quarrelling.
The persons on the stairs called loudly for admission, and
Mullay thinking that they were perhaps the prisoner's ac-
complices, promised that he would say so. The prisoner was,
however, taken after the prosecutor had unlocked the door,
which had been without his knowledge locked by the pri-
soner before the struggle. The prisoner was then secured,
and the prosecutor went down stairs, told several persons
how he had been served, and produced 5001. in money to
corroborate his statement. The knife, though not found
at the time, on account of the snow, was afterwards dis-
covered, and would be produced.
Mr. CLARKSON, after the opening of Mr. Law, made a
formal objection to the indictment, that there was a mis-
joinder of counts, as ail but one count charged an offence
punishable with death, and that one did not charge an
offence so punishable; and he called upon the prosecutor to
make his election, and either try for one offence or the other.
Mr. LAW replied that the indictment was not irregular
any more than in a case where a man stole a horse and
chaise it was usual to charge the capital offence of horse-
stealing in the first count, and the larceny of stealing the
chaise in the second count. Also, in cases of petty-trea-
son, the minor offence was charged in the same way.
Mr. CLARYSON again referred to the cases he had quoted,
and supported the point with great ability, begging their
Lordships to reserve the point.
The objection was over-ruled, and Mr. Justice Gan-
LEE observed that the Jury were competent to find the
prisoner guilty of the minor offence of assaulting with
intent to rob, without stating with the knife, on each of
the counts charging "with the knife."
Mr. CL•ARKSON bad before requested that all witnesses
would withdraw.

Wm. Mullay was then called, and narrated the circum-
stances as above, down to the 4th Feb., when the assault
was committed. He went at half-past twelve, by ap-
pointment, to meet Owen, with upwards of 500/. in his
pocket. Howard said that Mr. Owen could not come to
his appointment, but would be there at two o'clock. He
made some observation on witness's being cold, and made
up the fire. He put in the poker, which remained in
some time, and witness took it out. Howard put it in
again, saying that it would make the fire burn. It fell
out, and was not put in again. [The remainder of Mr,
Mullay's evidence went to corroborate the statement of Mr.
Law, and is already familiar to the public.l
The trial was not concluded when we went to press.

SPORTING INTELLIGENCE.

TATTERSA LL'S. -FEL 25.

Sorcery has made another spring today, and has bee
backed freely at evca against Merchant, and also at 9 to 1.
Bugle has bees backed heavily against Druid, who we
hear has a crew loose, and has gone hack to 25 to 1.
The four first horses for the Derby are close together.
Navarin has made way for Sorcery, and has few backers.
The Colonel stands well for takers at any thing above 81.
The betting to-day was chiefly confined to the Derby fa-
vourites, although some heavy sums have been laid out.—
They closed as follow :

RIDDLESWORTII.
3 to 1 agst Ridicule colt
to 1 agst Shoveller
DERBY.
8; to I agst Hon. E. Petre's The Colonel
5 to 1 agst Duke of Rutland's Sorcery colt (taken)
9 to 1 agst Mr. Tbornhill's Merchant
9,} to 1 agst Lord Grosvenor's Navari❑
17 to 1 agst Sir J. Shelley's Amy colt (taken)
is to 1 apt Mr. Payne's Johanna Southente colt
18 to 1 agst Lord Exeter's Folly colt
25 to 1 agst Mr. R•gers's Bugle
25 to 1 agst Duke of Grafton's Druid
30 to 1 agst Lord Grosvenor's Finesse cult
40 to 1 agst Doke of Grafton's Omen
40 to 1 agst Sir J. Shelley's Barnardo
40 to I agst Lord Jersey's Mona colt

OAKS.
9 to 1 apt Lord Jersey's Trampoline
12 to 1 agst Mr. Nowell's Rosanne filly
is to 1 agst Mr. Peirse's Sarah, Sister to Swiis (taken)
12 to 1 agst Mr. Forth's Elizabeth filly
16 to 1 agst Colonel Udny's Lisette filly

ST. LEGER.
20 to 1 agst Mr. Petre's The Colonel
25 to 1 agst Duke of Grafton's Navarin
50 to 1 agar Mr. Gascoigne's Cora colt (taken)

Prince ESTERHAZY, the Austrian Ambas-
sador, and Mons. BIEDERNIANN, the Saxon Charge d'Af-
faires,ltransacted business yesterday at the Foreign-office,
Doa•uing-street.