The Sun.
London, England, 1844-12-17 00:00:00

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dorsement to that effect made thereon.

Richard Deane, police inspector—l saw MTadden on
the Monday. He appearoi very weak and distressed.
I had a conversation about his being shot. He never
said a word about dying to me.
By the COURT—He never said anything about his state
or death to me.

the conclusion of the Learned Gentleman's address, the
Learned Judge informed the jury that in a case or such
vital importance he thought it advisable not to commence
the summing up at so late a period of the day, and also
that it would be better for them not to enter into the con-
sideration of such a complicated case at a late hour of the
night. The Court was then adjourned until nine o'clock
on Monday morning.

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James Lark, inspector of police—l visited lliFadden
on the Tuesday, in the middle of the forenoon. I had a
conversation with him before he died. I told him that
he would be provided for by the county ; he said, " it
is of no use, I shan't want it." I lifted him out of bed,
and when he was resting on my shoulder, he said, " It
is all up with me." I told him he was se►erely wounded,
I believed mortally. He made no reply, but slightly
grasped my hand.
Cross-examined—Soon after the last conversation I
proposed to send for the priest. He said, " That's not
of much use." I proposed at the same time to him to
make a declaration before:a magistrate. He said, " I
have no objection, but not yet." AlTadden was a Ro-
man Catholic.

December 16.
Mr. Justice WILLIAMS observed that, in his Opinic;n,
the jury had acted wisely in agreeing to the adjourn-
ment, as it was not in the nature of things that, after an
anxious cl.liberation of 13 or 14 hours, they could inves-
tigate fully, and with that care and attention which it
required. His Lordship then said, it is clear that a
robbery was committed on the night in question in Mrs.
Button's barn by some one or other, and that ill'Fadden
was watching the premises in the execution of his duty.
If the deceased then saw a person or persons come to the
premises, and believed that they were there for the pur-
pose of committing a robbery, he was authorised by law,
and it was his duty, to endeavour to apprehend the
risen ; and if in such attempt he was shot, and died in
consequence, then the shooting was undoubtedly murder
—of as foul a description as was known to the law, inas-
much as it was the offence of shooting a subordinate
minister of the law. The Learned Counsel for the pri-
soner had very early in the course of his address stated
that, although he (Mr. Justice Williams) had admitted
statements made by the deceased after a certain period,
yet that he had not defined what particular weight was to
be attached to them. lie had not done so, considering
that a point for their consideration. The admission of such
declaration was certainly an exception to the general rule
of the law. He had received the declarations of M'Fad-
den, because from his manner and demeanour it was
evident lie was sensible his end was approaching. A
dying declaration did not, however, go further than an
oath. They next came to the evidence of the girl Bat-
wright, upon which they had been addressed with great
ingenuity by the Learned Counsel, in a speech deserving
great attention, and the testimony of this woman was
certainly of great importance, and the case would depend
much upon the degree of credit given to it. The Learned
Judge, in conclusion, observed that it was clear on the
evidence that an undoubted murder had been committed,
and that the serious and important question for their
consideration was, whether or not the prisoners at the
bar, or either of them, were the persons who committed
the murder.

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At the conclusion ofo the evidence of this witness the
court adjourned until to-morrow morning.
Saturday, Dec. 14.
At the sitting of the court this morning the Learned
Judge recalled several of the witnesses, and examined
them respecting M'Fadden's state of mind, after he
received the wound.

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ASSIZE INTELLIGENCE.
MIDLAND ClRCUlT—Nottinyham, Dec. 16.
(Before Mr. Justice PATTEBON.)
TITE LATE RAILWAY ACCIDENT AT BEESTON.

This morning, on his Lordship taking his seat upon
the bench,

Robert Lightfuot, station-master at Nottingham, was
arraigned on the coroner's inquisition for that he, on the
21st of November last, in the parish of St. Mary's, did
kill and slay John Dean.
The prisoner, in a firm and distinct voice, pleaded Not
Guilty.
Robert Lightfoot and Jonathan Raven, station-master
at Beeston, were then arraigned on the coroner's inqui-
sition for manslaughter, the former as causing the death
of James Bolestridge, the latter us being present, aiding
and assisting therein.
It will be remembered the grand jury for the town
ignored this bill on Saturday.
Both prisoners having pleaded Not Guilty,
Mr. WILDMAN, who held the brief for the prosecution,
stated that in that case the jury were aware the bill had
been thrown out, and under those circumstances it was
not usual, unless there were some peculiarities about
a case, to proceed with the same inquiry. Cer-
tainly he (Mr. Wildman) did not find any circum-
stances in the present case that would justify him in
departing from the usual course, as his own opinion
was, that it' the inquiry was proceeded with ho
could not reasonably expect, after consuming a great
quantity of time, to lay before them such facts as
would induce them to come to the conclusion that beyond
all reasonable doubt the prisoners had been guilty of
gross and culpable negligence, and if there had been
nothing more than an error of judgment, it would of
course be their duty to find a verdict of acquittal, lie
(the Learned Counsel), on looking at the evidence,
could not but feel that in that case, although the pri-
soner Lightfoot might have been guilty of an error of
judgment, still it was an error of judgment in which his
own life was as much risked as that of any other person,
for it appeared that so far from wishing to neglect his
duty, he left the place where he might have continued,
and exposed his own person in order to prevent the
possibility of a disaster occurring, which it was no part
of his duty to prevent. Under these circumstances,
feeling Mr. Lightfoot might have been, and perhaps
was, the cause of the accident under a most unfortu-
nate error of judgment, still it was impossible for him
(Mr. Wildman) to say on his own private opinion that
the prisoner had been guilty of culpable negligence ;
therefore, he should not offer any evidence against him,
and it would be the duty of the jury to find a verdict of
not guilty.
Mr. Justice PATTESON observed, there being no evi-
dence offered, the jury could do none other but return a
verdict of acquittal in favour of both parties.
The Foreman of the Jury—Not Guilty, my Lord.
Mr. MILLER, who, with Mr. Mr. Macaulay, acted as
counsel for Mr. Lightfoot, said he had the honour to
appear on behalf of Mr. Lightfoot, and he fully believed
that had the inquiry proceeded he was in possession of
facts which would have shown that in that case, as in all
others, he had acted as a faithful servant of the company,
and that his conduct was not only not culpable, hut highly
meritorious. He (Mr. Miller) had an application to
make to his Lordship, which application was, that Mr.
Lightfoot might be discharged instanter, and restored to
liberty, to society, and to his friends. As a member of
society, as the father of a family, his character was dear
to him—it was dear also to that family and those friends;
and he did hope his Lordship, who knew the facts of the
case, would be enabled to state publicly that his (the
Learned Counsel's) client left that court without a stain
upon his character.
Mr. Justice PATTESON then addressed Mr. Light-
foot as follows :—Mr. Robert Lightfoot, you understand
the proceeding in this case ; that there was an indict-
dictment preferred respecting the death of James Bole-
stridge, to the grand jury of the town of Nottingham,
which indictment they ignored. No evidence is offered
against you with reference to the coroner's inquisition
which sat on the body of James Bolstridge, and none
will be offered, I dare say, in the case of Dean ; indeed,
I think it probable no bill will be preferred in that case,
but that was in the county.
Mr. WlLD:wax—No, my Lord, no bill will be pre-
ferred.

The Learned JuDGE said, after hearing it, that the
evidence was sufficient to satisfy his mind, that on Tues-
day afternoon the deceased entertained no hope of re-
covery, and believed he was near death ; therefore he
should receive in evidence any declaration made by the
deceased at that time, but that he should reserve the
point for the opinion of the judges.
James Lark recalled—About six o'clock in the after-
noon I helped M'Fadden out of bed,. I had a conversation
with hist after that. I asked him if ho knew the man
who shot him. I asked him if it was correct what he
told me as to the man who shot him. Before this he had
mentioned the name of the person to me. He said
" Yes, Howell." I said, " Where does he live ?" He
said, "At Ilulver." I said, " Can you describe his
dress ?" He said, " The man that wore a police hat
and a long velvet coat down to his knees." I said,
" Would you know him again if I could produce him ?"
He said, " Yes, I should."
By the COURT—I gave the name of another man, and
asked him if that was not the man that shot him. He
said, " He might be there, but he did not shoot me."
This was after he mentioned the name of Howell.

John Livett, labourer, of Gisleham, proved that Mr.
Batton's barn was broken. _ _

Harriet Botwright—l lived at Hulver last July. I
knew M'Fadden. I know the three prisoners at the bar.
They lived in Mulford. I remember the Sanday when
M'Fadden was shot; I was with M'Fadden. About three
weeks before he was shot on Kessingland-common I was
talking to him. William Howell came by riding in a
pony cart. He drove quite close to M'Fadden, and he
said, " Mind, old fellow, how you drive." William
Howell said, " 1) my heart if I should not like to drive
over you." M'Fadden said, " Mind, old fellow, what
yov say. You would look rather queer if I summoned
you for it." William Howell said, " my heart cold,
if I should not like to do your business for you; d— my
hearrcold if I do not the first opportunity." After these
words Howell drove on. He was in liquor. On the
Sunday I had been to Lowestoft, I left home about four
o'clock. Before I got home I fell in with M'Fadden.
I met him on the Kessingland turnpike, about half-past
six o'clock. I was riding with a young man in a cart.
I got out. I had some conversation with M'Fadden. I
then got into the cart again, and went towards my own
home. When I got home the door was closed, at eight
o'clock. I then went across the marshes, past the pri-
soner's cottage. I was going to-yards Mulford street.
I saw Mr. Shipley, who passed me. This was as I was
going across the marshes, one marsh from his own home.
I saw William Howell in hemp's-field. After crossing
another marsh, I saw Walter Howell, just after they
were going from their home towards Mulford Hall. I
made for Mulford-street. This was between eight and
nine o'ciock. I next saw William Howell and Shipley
in a cart, after I had been at Mr. G. Criehmere's cottage
half an hour, going in the direction of Mulford Church. I
went to Carlton. I went across the fields. After I had
been at Carlton I saw the prisoners at the Fire Cross-
ways, a mile and a half from Mrs. Button's, and Chil-
vers, Chamberlain, and William Cooper were with them.
The two Ilowells and Shipley were upon their feet. I
said nothing to them, nor they to me. I can't say the
time. It was bright moonlight. I went to M'Fadden,
at GislAam, at Mrs. Button's. I expected to meet him.
I met him against the gate. I then went into the gar-
den. I could see the barn quite plain from the garden.
There was a fence dividing the garden from the road
high enough to conceal a man. I told M'Fadden some-
thing. I remained very little tine before they came
down, the thieves. I was with him in the garden. I
saw five people come. William Howell and Walter
Howell I swear to. I cannot positively swear to any
other. I saw William unlock the barn door. Walter
followed his brother. After they had gone into the
barn I left M'Fadden. Before that he had pulled off his
shoes in the garden. I went up the backway towards
my own home. Half an hour from the time I left
M'Fadden I heard a gun fire. There was only a meadow
and a yard between me and where M•Fadden was shot.
I looked about, I did not go straight on. I returned
back, on hearing the gun fire, to Mrs. Button's. I heard
M`Fadden groan ;he said, " Ok, dear." I could not
see him. The sound appeared to come from the garden.
I was in the backway. I then went away for 13eccles,
more than five miles. I did not go up to the door,
because I was afraid they would serve me as they
did M'Fadden. William Howell had a black velvet
frock and a policeman's hat. I had seen that hat before,
more than once.

'The jury, after retiring for a short time, returned into
court, and pronounced a verdict of Guilty against the
three prisoners.
Mr. Justice WILLIams then proceeded to pass upon
the prisoners the extreme sentence of the law, and ad-
dressed the prisoners in the following words :—" The
murder which has been committed is one which the law
estimates in the highest degree criminal—the taking
away the life of an officer in the execution of his duty.
You have been convicted of the crime of wilful murder,
after a long, anxiously protracted trial, for the purpose
of having every point in the whole evidence calmly con-
sidered and reconsidered ; and lam not aware—l have
that consolation—there has not been one point suggested
on your behalf which I did not, to the best of my com-
prehension, distinctly explain to the jury. Still, the
gentlemen of the jury, after an anxious consideration of
all the facts, have pronounced a verdict of guilty. I in-
treat you, during the short remnant that is allotted to
you on earth, to lose no time, and by an anxious and
unabated perseverance to endeavour to propitiate that
mercy that may be obtained hereafter, and which cannot
be obtained in this world."

The prisoner Shipley seemed deeply affected, but the
Howells not in the least ; and at the conclusion of the
Loarned Judge's impressive address, Walter Howell ad-
dressed the following words to his Lordship : Do you
reckon you have done your duty ? Every witness I
have had against me I can prove a liar."
With this case terminated the first Suffolk winter
assize.

Mr. Justice ParrEsost—Then the recognisances may
be discharged, so there is an end to this prosecution. I
am very glad this inquiry has taken place. lam quite
sure what the Learned Counsel for the prosecution has
stated is correct ; and judging from the circumstances
that have actually occurred —looking at everything that
has taken place—it is impossible to say there was any-
thing greater than an error in judgment. Certainly
there is no ground for saying there was that culpable
and gross negligence which would authorise a convic-
tion for manslaughter. I thought so when I read the
depositions in the first instance, and I think so still. I
am quite clear that is the law, and the facts warrant us
in coming to that conclusion. lam quite sure that the
termination of this prosecution is that which law and
justice fully require. I cannot pretend to say there
was not an error of judgment on your part, but it
is clear everything that was done by you was done to
prevent the mischief taking place which did occur, owing
probably to a misunderstanding between you and another
person. It seems to me that every person on a railway,
and in almost every other situation in lite, would do well
not to step out of the strict line of their duties—if you had
not done so, this accident might not have occurred, as I
understand it was no part of your duty to hare
left the Nottingham station at all. That was an
error in the first instance; and the second error, if there
was any, seems to be this, that although feeling per-
suaded, and as far as I can judge with very good reason,
that the train coming from Nottingham would come on
its proper line, and that that line would be free, still you
did not wait to make it quite certain at the Beeston sta-
tion. It would have been better to have waited, as it
appears the train coming from Nottingham, whichever
line it came on, was overdue at Beeston station, there-
fore it would have been better had you waited a few
minutes; but to say, because a man certainly erred in
judgment in a situation of great difficulty, he is guilty
of manslaughter when death occurs, is not correct. I
am very glad to hear the account of your good conduct
in general that the Learned Counsel gave of you. I
have no doubt it was through an error in judgment this
unfortunate mischief took place. You left the station
with the best of all possible intentions ; certainly there
was no wish on your part to do any harm ; on the con-
trary, your intention was to do as much good as pos-
sible ; unfortunately, however, the event turned out
otherwise.

Mr. Lightfoot then stepped from the dock, and imme-
diately left the court.
The Learned ,ludge then proceeded to the county, to
charge the grand jury, but the cases there are few in
number, and nothing had transpired worthy of note.

NORFOLK CIRCUIT.—Bury St. Edmund's, Dee. 13.
(Before Mr. Justice WILLIAMS.)
THE GISLEHAM MIIRDER.-At the termination of the
trial of the wretched woman for the murder of her
grandchild, the three men charged with the wilful
murder of a police-constable, whilst in the execution of
his duty, were then placed at the bar. Their names were
William Howell, aged 25, Walter Howell, aged 21, and
Israel Shipley, aged 38. The indictment charged William
Howell with feloniously and maliciously murdering
James M`Fadden, police•constable, by shooting at him,
with a gun, and Walter Howell and Israel Shipley were
charged with aiding and abetting William Howell in the
commission of the felony.

-Mr. Gurdon and Mr. O'Malley appeared on behalf of
the prosecution; and Mr. Prendergast and Mr. Dasent
defended the prisoners.
Mrs. Mary Button—l live at Gis'sham, in the county
of Suffolk. On Sunday night, the 29th of July, James
M‘Fadden came to my house in a wounded state. The
door was opened, and he was brought in. He was un-
able to walk. I sent for the doctor. 1 knew ho had been
watching our premises.
Cross-examined—MTadden said, " I know who shot
me." lie did not say " I think know." Ile might
have said so.

John Constance, of Gisleham, labourer—l assisted in
moving M•Fadden from the step of my mistress's door
into the kitchen. Before JlTadden left the house, he
told me he had left his cutlass close by the place where
ho was shot. As soon as it was light on Mont'ay I went
to the ditch, and there I found a cutlass, Tho sheath
was shot.

Cross-examined—lt took me three or four minutes to
go from where the cutlass lay to the house.
John Prentice, surgeon, gave evidence to prove that
the gun-shot wound was the cause of death. He IL)ver
rallied from the first moment.

Mary Juliens—l live at Kessingland.'Fadden
lodged at my house. I remember his being brought
home wounded, at three o'clock in the morning. on
Tuesday morning, about eleven o'clock, I earcied him
some milk. He said nothing about himself then. About
one o'clock, he said, " I shall never be well no more."
He seemed as if he was going to expire. Towards the
close of Tuesday be was very low.

Cross-examined by Mr. Prendergast—l cannot say
exactly the day of the month I told this. It was on a
Thursday—some time after M'Fadien was shot. Abort
five weeks from this time. Ido not know how many
times I have been before the magistrates before I gave
the account. Twice, if not more. William Howell was
taken on the Thursday after MTadden died. I first
mentioned all this to Mr. Dean. I was very ill, and that
was the reason why I did net mention it before. I was
threatened by their party. On this Sunday I had been
to Lowestoft in a cart. I had told M'Fadden before,
that if I saw the party I would let him know. It took
more than an hour to walk from my house to Gisleham.
It was after six when I got to Beccles. I went to Mr.
John Hunt's, of Beccles. He keeps a public-house. I
stopped half an hour. There is no Mrs. Hunt.
He is an old man. He has one daughter. I
then went to Mrs. Sporle's, in Gaol-street. I
was there, in and out, the, chief part of the day.
I was obliged to go to Beccles to get some money
—a post-office order for my brother. I got the post-
office order for 55. of Mr. Crichmere. My brother was
convicted at the last assizes. Howell's mother was a
witness against the man tried with my brother. lam
now with Mr. Dean, the inspector, as I dare not go at
large. I made the statement to Mr. Dean on the Tues-
day. He told Mr. Lark on Wednesday, and the men
were taken soon after. I never told Mr. Dean till after
Mr. Robert Chilvers threatened sue. My father threat-
ened me. Richard Wright threatened me. Neither
Wright nor my father was taken up. If I spoke the
truth, my father told tie I should never go near his
door if I said anything about William Howell threat-
ening M‘Fadden at the turnpike. I had told Mr. Lark
that day, when I was sworn at the Queen's Head, that
only Walter Howell and Shipley were there, and the
prisoners who are gone.
George Thrower—l am a gamekeeper. I remember
M.Fadden being shot, about a mile and a half from Mrs.
Button's. I heard the report of a gun at half past 12
exactly by my watch, towards Gisleham.
By the. COURT—It was a bright moonlight night. The
moon was nearly full.
Charles Nagle—l am one of the constabulary. I went
with Dean to apprehend William 'lowed on the Ist of
August last. I took him at his house in Mulford. I
took him to Mr. Clark's, at Shklver. lie was committed,
upon the coroner's inquest, to Ipswich gaol. I searched
his premises. I found the velvet coat and policeman's
hat I now produce. The coat was behind the door, the
hat under the table in the lower room. I produce a gun
I found in Shipley's house on the 19th of November last,
directly he was taken.
Cross-examined by Mr. DASENT—I have known
Shipley about fifteen months. I took him at Mulfsrd,
about half a mile from his own house. I had seen
Shipley as usual, but not between M'Fadden's death and
the sth. I know nothing about Walter Howell's hat. I
have observed William Howell frequently with a black
hat and velvet frock.

Robert Arlis—l am a bricklayer. I knew M'Fadden.
I remember his being shot. I was at Wrentham, working
for Mr. Butcher. Walter Howell was working with me.
I had a conversation about the policeman's death,
between breakfast and dinner. I had heard of M‘Fad-
den's death before that. Upon my saying to the com-
pany I heard the polictinan was shot against the barn,
Walter Howeli said, "Itis a d—d lie; he was shot away
from the barn next a piece of water." This was in the
afternoon.

Cross-examined by Mr. PRENDERGAST—We wore
about four in number ; every one was talking about it.
He said it was " a d—d lie" quite loud.
William Quadling—l am a carpenter of Wrentham.
I remember the day of the inquest. Walter Howell was
at work for me there. Aft,r toa, Walter said, " Did
you see my brother carried by ?" I said I did notice
him, only there was a policeman in the cart. He then
said, " Tt is a pity that the d—sd rasoil was Lot shot
dead, then nobody could be found out,"
Cross-examined—Walter said that he went to bed
about ton on the night that I.l'Fadden was shot, and that
he saw his brother's highlows and buskins.
Three prisoners from the gaol were called as wit•
nesses, to prove statements made to them by the priso-
ners, whilst in custody. It appeared by their evidence
that Shipley and Walter Howt 11 had given detailed ac-
countq of the whole transaction i but these accounts ap-
peared to be at variance with each other, and with the
actual facts of the case. _ _

PIIENDF.RCIAidT, on behalf of the prisoners, made
a powerful and argumentative speech to the jury, and at

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The Illustrious, 72, Captain Erskine, flag of Vice-
Admiral Sir Charles Adam, was at Bermuda on the 23t1
of November. Sir Charles had orders amt out to him
to dispatch a man-of-war to Cay Sol. to remove any
Spaniards who may have attempted to form a settle-
ment there, az it appears Spaniards and others arc
again intruding on our colonial possessions in the 'West
Indies.

The Royalist, 10, Lieutenant-Commander G. Ogle, is
ordered from Port Essington to Hong-Kong.
The Spartan, 26, Captain the Hon. C. Elliott, was at
Vera Cruz on the 2d ulc.—all well.
The Hyacinth, 18, Commander Scott, was at Bermuda
on the 25th of November.

The Inconstant, 36, Captain Freemantle, was at Port
Royal on the sth of November, expecting orders to sail
for the Mediterranean in a day or two.
The Rose, 16, Captain Sturt, was at Tampico on the
7th of November.

The Driver steam-sloop, Commander Hayes, arrived
at Trincomalee, from Bombay, on the 16th of September,
which she left on the 19th, for Singapore.
A court-martial is ordered to be held on Tuesday on
board the Victory, 110, Captain Moubray, to try Mr.
George Bellis, mate of the Excellent, for disobedience of
orders and neglect of duty, by leaving the deck during
his watch.

A report is current here that Vice-Admiral Sir Francis
Austen will shortly hoist his flag in the Hastings, 72, to
relieve Sir Charles Adam in the command on the West
India and North American station. Roar-Admiral the
Right Hon. George, Earl of Cadogan, is named as the
successor to the Hon. Jocelyn Percy in the command of
the Cape of Good Hope station, and is reported as
shortly to hoist his flag (blue at the mizen) on board the
Vindictive, 50, now ready f.-)r the pendant.
The Bittern, 16, Commander Edmond Peel, was in
Simon's Bay, Cape of Good Hope, on the 20th October.
The Fox, 42, Capt. Sir H. Blackwood, left the Cape for
Ceylon on the 4th October.
The Hermes steam sloop, Lieut.-Commander W. Carr,
left Bermuda on the Ist ult. for Barbadbes.
The Harlequin, 16, Commander the lion. G. F. Hast-
inv, and the Pelican, 16, Commander Justice, are hourly
expected at Spithead from Liverpool, the former with
750,000 dollars, and the latter with 1,000,000 dollars on
board.

The following were the positions of the ships of war
on the East India station on the Ist of September :—The
Agincourt, 72, Capt. Bruce, flag of Rear-Admiral Sir
Thomas Cochrane, Commander-in-Chief ; th• Iris, 26,
Capt. Mundy ; the Minden, 20, Master-Commander P.
Wellington ; the Alligator troop-sh: Master-Com-
mander J. N. King ; and the Sapphii .roop ship, Mas-
ter-Commander Fittock.

At Chusan—The Castor, 36, Capt. Charles Graham ;
and the Wolf, IS, Commander Vyner.
At Amoy—The Plover surveying vessel, Capt. Collin-
son, C. 8., and the Young Hebe tender, Lieut. J. Bates.