The Sun.
London, England, 1818-10-31 00:00:00

CHAGE OF MURDER.

John Daley', as we yesterday stated, was Tint to
the bar, charged with the wilful murder of
James Learwood, in the Fleet Prison, on.khe 10th

September.
The prisoner walked up the dock with .a firm
step, and an unchanged countenance: He is a
short stout man with harsh features, and marked
with the small-pox. He was dressed in a mut-,
berry coloured coat and white trowsers. The
witnesses were all sent out of Court upon the sug-
gestion or the prisoner.
Charles Johnson was a prisoner is the Fleet,
and was so on 10th October. Ihe prisoner' at
the bar WAS also a prisoner. Learwood was-also
a tailor in the Fleet Prison, about 50 sears of age.
About 5 o'clock on that evening, tie was walking
opposite Learwood's room, and he saw through
the window the deceased tall from the shop-board.
The deceased cried out murder. He saw Daley
beating Learwood with a sleeve-board. The de-
ceased was lying on his side on the ground at the
time, and cried out, as if for help. During this
time the window was shut, and witness opening
it said, " Don't kill the nian." He called some
people up, and saw some blood or black on the
left eye of Learwood. The deceased was lying
on his back at this time, and the prisoner turned
him on his belly, and slapped him on the breech
6 or 7 times with the sleeve-board, saying, " D—n
your old eyes; I'll teach you, hit you on the
rump." 'The prisoner was in a terrible passion,
and jumped out of the window, saying, " 1)-11
his old eyes, I have not half done with him yet."
Witness called a man of the name of Graves, a
powerful man, to go in to Learwood's assistance,
and lie went in. Daley returned in a tew mi-
nutes, and again jumped through the window into
Learwood's room.
Cross-examined.—Saw no blow at the head.
William Graves was a prisoner in the Fleet on
the lOth of October, and recollected being called
up by the last witness. The first thing he heard
was Daley complaining that the deceased had given
a letter belonging to him away. The deceased
said that Daley had pulled him off his shop-board,
and would not forget that in a hurry.—Witness
remonstrated with Daley, who had jumped through
the window again, and said, " I have not done
with you yet ; and I will serve you out again,
when I prove that you gave the letter to Lewis."
Learwood said he knew nothing about it ; and a
person standing by said to Daley, " I think you
have pretty well served him out as it is, for you
have almost broken his leg."
Thomas Hunt, a prisoner in the Fleet, stated,
that on the day merrtioned, he heard a noise in
the deceased's room ; witness went to see what
was the matter, and perceived deceased lying on
his side. He raised him up, and asked him how
he came to be i❑ that state. Prisoner was at that

_jute standing outside the room door, and in
hearing of what passed. Deceased said, " Da-
ley has been beating me," to which witness said,
" for what 1" and the prisoner answered from
without, and said, " for picking up a letter of
mine and giving it to Lewis." Witness asked tie-
ceased whether this was true, to which he re-
plied, 00—it was not the fact ; and Daley, the
prisoner, rejoined, " flow can you say so, when
yoo told me so yourself on the shop-board."—
?risoner said, " 1 did not deserve this from you,
as 1 often served you very nsuch." At this time
witness perceived black getting round his left eye,
and deceased complained of a pain in it, and said,
" 1 shall have a black eye ;" to which he said,
" You have got one already."
Sarah Beresford was the wife of a prisoner in
the Fleet. Remembered the lllt hof October: saw
prisoner on that day go hitt.) the room of deceased,
and after he went in, heard some loud talking.—
Prisoner made but a short stay, and cause out
again. He went into the room a second time,
and appeared in a greater passion than at first.—
lie remained this time about five minutes, and at

his cowing oat he came into the place where wit-
ness was washing. He took a drink of water, and
returned the third tune into the deceased's room,
after which she again heard a noise, as it of a
person swearing a great deal, and in a violent
passion.

Jesse James Beresford, the husband of the last
witness, corroborated the evidence of the preced-
ing witnesses as to the situation of the deceased,
and the conduct of the prisoner. In his cross-
examination, he said that prisoner on the follow-
ing morning was very attentive in procuring assist-
ance for the deceased.
Wm. Macey, a prisoner also in the Fleet, stated
the-same thing of the situation of the deceased
as the other witnesses; but added, that after the
beating of the deceased, prisoner cried out in the'
hearing of several persons, " I wish 1 bad killed
the old fellow outright."
Cross-examined.—Several persons must have
heard bins if lie had said so.
Lewis Williams was a prisoner in the Fleet on
the 10th of October; heard the noise in Lear-
wood's room, but could not say at the time whe-
ther it was larking (in jest) or in earnest. Saw
prisoner coining out of the room, apparently in
good humour, who said, " I have been cobbing
Learwood."
John Mead, a prisoner in the Fleet, was in con-
versation with the prisoner on the evening of the
10th October, after .the dispute. Witness said,
" The poor man (meaning Learwood) is dying."
To which prisoner replied, " It is time the old
rascal, or scoundrel, was dead." Here the con-
versation ended, and the witness went away.
Examined by the Court.—Witness was not ex-
amined before the Coroner or the Grand Jury ;
did not of his own accord state to the Coroner
the important fact which he now communicated.
John Hargrave,. a surgeon, was called in to see
the deceased a few ininutcs after nine on the even-

ing in question. Knew nothing of the circum-
stance till lie saw him in bed, totaily insensible,
with the left eye discoloured, and his tongue hang-
ing partly out of his mutt h. Ordered him out of
bed, anttvery minutely examined his head. Bled him
freely, which relieved him much, and ordered him
to leave a tvarm bath to his feet. The prisoner
visited the deceased on Sunday, and seemed much
agitated at seeing the deceased so fast expiring.
Witness recommended the deceased to send for'
Mr. Astley Cooper, or Mr. Abernethy. The re-
lotions of the deceased wished prisoner not to
enter• the room again. He died on the Monday
morning. His death was occasioned by external
violence, which affected the brain. Deceased said
he had not been struck on the heal. Unques-
tionably, however, he must have been struck on
the head. The floor was carpeted very thickly.
Mr Baron GAaaow said, nut a word of this in-
formation was given before the Coroner.
Mr. Delagarde, house•surgeon in St. Bartholo-
mew's Hospital, was called to see the deceased,
who was gt►ite insensible, and in a state of great
danger ; though he was labouring under symp-
toms of depression. After death the head was
opened, and the death was obviously occasioned
by external violence on the left • eye. Witness
could not describe what kind of violence might
have produced it, but a fail or a blow would cer-
tainly do it.
This closet)►the evidence for ti►e prosecution.
The prisoner, when desired to speak in his de-
fence, said, that the room was carpeted only in
the middle, for a space of tour feet near the shop-
hoard. The facts of the case were these
was walking in the racket-ground, and Downie
came to him and told him that the letters which
he had lost were found by Learwood, who gave
them to Lewis to lead, after he read them himself.
Enraged at receiving such treatment from a man
whom he had always endeavoured to serve, he
went to his shop, where be accused him of having
ecru! so basely. Learwood denied it, and got up;
when he'endeovoured to come off the board he slip-
ped and tell upon the floor, which was a stone floor;
he gut up and sat it► a chair.; when he again
challenged him with having given the letters to
Lewis, Learwood said, you lie. He then placed
Learwood upon his belly, and took the sleeve-
board, with which he gave him some smart blows
upon the breech.
Mr. Harmer, the solicitor, was called to dis-
prove that part of the evidence of Mr. Hargrave,
relative to the statement made by him when be-
fore the Coroner.
Mr. ALLEY, Mr. ANDREWS, and Mr. HANMER,
conducted the defence.

Ten or twelve respectable witnesses were then
called, who had known the prisoner for various
pet iods from one to twelve years. They all cony
cured in giving him an excellent character, for
a humane and kind-hearted disposition.
Mr. Baron GARROW summed up the evidence
with great perspicuity, and some lengthened com-
ments on the several points as they appeared for
or against the prisoner ; and the Jury, after deli-
berating in the box about ten minutes, returned
a verdict—Not Guilty of Murder, but Guilty of
Manslaughter.

ADMINISTERING SPIRITUOUS LIQUORS TO A CHILD.
Eleanor Bryan, aged 30, WRS put to the Bar, on
an indictment charging her with feloniously admi-
nistering a quantity of spirits to Johanna Duggan,
only five years of age, in the parish of St. Giles,
on the 28th of September last, whereby the death
of the said child was caused.
John Duggan, brother to the deceased, depos--
ed, that the prisoner came to his mother's house
between twelve and one o'clock in the morning of
the day mentioned in the indictment, and on say-
ing she was locked out, obtained leave to sleep
there till the morning. The deceased, who was
then in perfect health, rose about 5 o'clock, and
some time after the prisoner sent out for a quar-
ter') of gin, which the prisoner and the mother of
the child drank. The prisoner subsequently went
out, taking the chdd with her, and the parents did
not see her again till eight o'clock, when the child
was brought home labouriag under the effects of
liquor. The child was put to bed, and in a few
hours grew so bad that medical aid was called in.
The child died about 20 minutes past eight in the
evening. The prisoner told the witness that the
child had drank '' two glasses of gin, a glass of
rum, twopenny worth of peppermint,
,and a share
of two pots of beer." The prisoner had always
appeared very kind to the child.
Mr. Wood, the publican, said, the prisoner
came to his house and called for a glass of gin,
which site gave to the child, who drank it off.
Mr. Nathaniel Morgan, surgeon, examined the
body. He was of opinion that the quantity of
liquor which the child had drank was sufficient to
cause the consequences that had taken place.
The prisoner, in her defence, said, that the pa-
rents bad been in the habit of letting the child
taste every glass of liquor they took. She had
given her a glass of gin, which she did not think
would do her any harm.
Mr. Justice DALLAS summed up the evidence,
and the Jury found the prisoner Guilty of Man-
slaughter.
Mr. Justice DALLAS desired the publican who
bad served the prisoner with the glass of gin to
stand up, and having done so, the Learned Judge,
addressing him, said he had conducted himself in
a most improper manner, in suffering a woman to
give a child, at so tender an age as the deceased,
a glass of gin. If his general conduct kept pace
with that which now appeared before the Court,
it was much to be dreaded that the scenes which
took place in his house were the most revolting
to human nature. In consequence of his be-.
haviour, he should not allow him any costs for his
attendance ; the other witnesses would, of course,
be remunerated for their loss of time, which his
Lordship accordingly directed.

On Wednesday night a waggon was passing,
along Red Lion-street, Holborn, belonging to
Mr. Markham,.of COblington; the driver stopped
for a few niinutes"to take sume beer, and some
daring villain cut the tackle of
.a valuable mate
which At:astieA behind the -waggon, and rode oft
- The poor rustic driver, in great distress,
gave information of the robbery to the Police.,