The Sun.
London, England, 1818-08-01 00:00:00

EVIDENCE.

David Thomas lives next dnor to the late Mr.
Bird, in London. street, Greenwich ; was ae•
(painted with Mr. Bird, who was 83 years of age.
He latterly kept only one servant, Alary Simmons.
On the Sunday morning of the thh, he observed
the house of Mr Bird shut, about 20 minutes be-
fore one o'clock at noon. Mr. Bird's broth r
have him information of his alarm :if the bottle
being shut up. Mr. Bird asked him to go to the
back part at his premises, nod see if all was se-
core. All was secure ; the windows closed; anti
he recononeoded to Mr. Bird to pick the lock of
the front door, which could not be done, because
the key was inside. They then tried a door be-
tween Mr. Bird's house and witness's, and broke
it Open ; d passage communicated from that door
to the back part of the house. Through 'hat pas-
sage witness and two or three others proceeded to
the back part of the house. They there raked
tip the sash of the kitchen window, and broke
open the shutters. lie then went through the
window to the kitchen. When in the kitchen, he
went to the hall through a passae. Ile opened
the back door to let in light, and then saw the
body of Mary Simmoas lying in the passage, with
her bead towards the stairs, and her feet towards
the street door. Witness stepped over her body,
and opened the hall window, and then saw Mr.
Bird lying dead on his back in the parlour. The
door between the hall and parlour was open
Upon examining further, he observed blood on
the floor of the hall. it was near the body of
Mary Simmons. There was a t rat kof blood by
drawing the body. The bead was cut, the car
was slit in two, part of the banisters was brokto
by her ; a candle was lying beside her, wind.) was
nearly a whole one. About one eighth part of
the candle was burnt. When he saw Nit.. Bird,
he saw a candle and candlestick near his knets ;
between his arms lay his spectacles, which were
broken ; on the table was a small pocket-hook
and a lottery ticket. There was r,o war, hin his
fob. His pockets were searched, anti nothing
was in them. Witness aftet wards went tip stabs
into the little room over the parlour, and observed
there a large tin-box, and a padlock on it, and
some papers lying loose on the floor. Some of
the drawers of the Secretary were open. Witness
did not examine them. lie went to Mr. Bird's
bed-room, and found a double chest of drawers
open, and every drawer was half open. The
things io them appeared to have been funded over,
and left in disorder. On the bed there were two
or three keys, and near them, on the counterpane,
marks of blood. The bed was made and turned
down, ready for sleeping in. Ile did not go into
the servant's room. On the front door of the.
house there was a chain, which did not appear to
have been on that night. 'lite lock was a sitting
lock, and had not been locked beyond the spring.
Witness remarked in the kitchen the servant's
needlework- on the table, and a penknife or two,
and the table-cloth folded on one corner of it, as
if for present use. There was a pair of slippery
on the fender, and in the oven roas-ed potatoes,
and the tea-kettle was full of water. lie looked
into the bureau, and saw a gentleman take some
plate out of the bureau, which teas open.
Cross examined by Mr. NoLAN was about
one o'clock that he went to Mr. bit d's house.—
Ihe banister had been broken, AS if Mary Simmons
had laid hold of it, There mete seteral woundi
on her head, made appmeody by a blow instru-
ment. Mr. Bird was in the pat lour; his pockets
were crop: y, but not turned alto►;ethtr out. All
the places which be entered appeared do have
been examined. He could nut say so of the back
padoor. 'flue thief, whoever be was, must have
io4pected the rooms.

Examined by the COMMON-SER.IPANT.—Rich.
Smith is a Magi;trate. tleard of the discovery
of the murder about one o'clock, immediately
after morning-service, when he was in ihe vestry-
room. lie then went immediately to the house,
where be a►rived in about two minutes. Mr.
Thomas, the last witness, let him in. lie de-
scribed the house. lie observed a woman lying
on the flour in the passage. There Was 1111101
blood on the floor, which was spread over it
by the moving of the body. The body buy in
the way to the front door. tier head lay
just at the foot of the staircase, and he no-
ticed that the lower banister was broken, and this
was a part which could not be laid hold of by a
person in ait erect position. There was a candle
lying near the body in the ball which appeared
new, only to have been lighted and then blowu
Out. lie went into Mr. Bird's pat lour, found Mr.
Bird lying on his back evidently dead, his feet
near the door, scarcely enough to let the door
open, and head near the fire-place below a chair.
There was a little table upset behind the door,
and on the table near his head witness saw a
pocket-hook. Tire spectacles lay on the wound,
and the pockets appeared to have been rifled. On
searching about, he toned below the door of the
parlour the mark of a hammer, which had ju*t
grazed the lintel, and lett a mat's of blood. lle
marked several wounds on the bodies of both, ap-
parently inflicted by the same instrument ; some
of the wounds being seemingly inflicted by a ham-
mer-head, and the other a moderately sharp end.
lle Saw the hammer afterwards, and such an
instrument must have been employed to in-
flict these wounds. There were several wounds
on the head of the woman, and on Mr.
Bird's. The skull of Mr. Bird was fractur. d,
Witness went tip stairs, first into the stn;111
tea t-
lug.ruum, whet e Mr. Bird had a bureau desk. lie
thought that a person sitting near the wii,Gow of
this room, as he must do when the flap of the de,-k.
was (WWII, might be seen from the Tiger's Ilead,
There was a small table with a portable desk upon
it nearer to the window. The flap of ti:e bureau
was down when witness saw it. Many papers
were scattered about in it, and some down on the
floor. They appeared to have been Scattered
about as it done in a hurry to inspect the drawers,
The buccal.' had a secret drawer, hou► which 31
one-pound Bank-notes were taken out in the pre-
sence of witness. lie atterwards saw place taken
nt in abed-room, winch had escaped the notice.
(It.
the period who hsd plundered the otl►er things.

Mu. Bird's bed wAS ill4ite, and turned. down. In
that bed-room there bad been the same search
for articles of prOpetly, and the same confusion
as in the other parts of the house. Witness
went then to the attics, which exhibited the same
scene of confusion. Witness then examined the
premises on the ground floor, beginning with the
back parlour, and it did not appear to have been
entered at all. There was a side-hoard there with
some phste, which had not been distur,bed. After
that, witness went to the kitchen, where he saw
the servant': work on the table, a tinder-box on
the table, and- •a table-etoth on a chair in the
room, and Mr. Bird's slippers near the fender.
Two watches were delivered to witness on the
13th of March, by Godwvn, a taylor, at Peck-
ham, who-represents I,int4elf to be prisoner's
brother-in-I-4w. Witness produced the watches.
hut could not speak to their previlus ownership.
lie was present at the examination of Hussey,
when prisoner emitted a statement which was
taken down from lips by Mr. Bicknell, which
the prisoner was requested to sign, but which he
declined to do.

C1'059“ Narnined by Mr• AnoLPHns.—Witness
raid lie had examined the house and the deceased
persons. The balustrade was drawn down by a
person struggling on the ground. Five rooms
had been ransacked, and at least a dozen drawers
cxdmined. So much, had been done, that it took
witness some time to examine it—about an hour.
Witness said, that when he mentioned that Mr.
Bird's room could he seen from the Tiger's Head,
he meant from the front of the Tiger's Head, and
not from any of the rooms of the inn. He never
went into the tap-room to try whether he could

see from it or turf,
Frederick Finch is a surgeon. Tlesirits at Greenwich.—
Went to Mr. Bird's house on the Sunday, the 7th of February
last. He found s 1 r. Bird slaughtered in the most horrible
mariner. He I.lwrcr,l two remarkable indentations on the
forehead about the size of a halfpenny. He observed a
fracture from the front. to the use iput. Any one of the
mounds would have produced death, and front the parietal
hone tire brain had escaped. He had no donht that the
wounds were inflicted by an instrument, like a hammer, with
a blunt vatting edge, and a smooth. Fie observed also the
bead of Mary Simmons. He observed a depression on the
cn frontis which would have produced death. He observed
other severe wounds. They were evidently produced by the
same instrument, as the wounds were of the size of the cut-
ting edge of a hammer. lie had since seen the hammer, and
be thought it would exactly produce the wounds lie had de-
scribed. He saw the hammer in the possess?on of Hodges,
the constable. The servant was wounded in the jugular vein,
arid had evidently vomited fro.o the sympathy betWern the
head and the stomach.
Cross-examined by Mr. tioLAN.—There 'was a number of
blows on both the deceased persons. He thought that no
instrument but a hammer could have produced these wounds.
Kesialt Bell deposed, that she lives at GreenWich ; is a
washer-woman ; used to go to Mr. Bird's to assist in cooking
before his wite's death, which happened more than two years
ago. Mr. Bird generally supped at 9 o'clock. His meal was
potatoes, and sometimes soup. He went tubed at 10 o'clock.
Ile pulled off Iris shoes after supper, when the cloth was re-
moved. Witness attended every washiog in Mr Bird's house,
which occurred at intervals of six or seven weeks. She had
been washing at dlr. Biro's on the Monday before the murder,
and had washed is shirts. She saw two shirts produced by
Hodges, the constable, after the murders, and she was very
sure she bad washed them on the Monday mentioned. A
handkerchief was likewise produced, which she thought Mr.
Bird's.

Cross-examined by Mr. NM,AN.—Deposed that Mr. Bird
was a regalar man, went to he'd at 10, a few minutes out or
in, hut never long.
Thomas, the witness, being called back by Mr. Notate,
stated that the fire in the kitchen Was nearly going out, but
had fresh coals on the top. The middle of the fire was burn-
ing almost hollow, arid the small coals were caked on the
top ; lint he eoald not tell when they had been put on. Wit-
ness was surprised at' he circumstance.
Mr. Smith, being called hack, said that the fire appeared
to him to have been put on to keep it alive atl night. There
was nothing inconsistent iii the appearance ef the fire with its
having been put on at night.
Hannah Cooper lives on the Woolwich road, about half a
Haile from Mr. Bird's house. Sbe passed Mr. Bird's house on
Saturday night, a little past eight o'clock. The night was
fogey. She left her house at eight o'clock, and might be
about 20 minutes in going the distance. She knew Mi. Bird
by sight. She S:tw,l he door open, and saw a man talking to a
woman, who was the housekeeper. She saw Mr. Bird coming,
apparently from the parlour to the hall. Stir saw Mr. Bird's
mouth moving, apparently as if speaking to the servant.—
Witness passed the door again at half past ten, and saw the
roar shut, and nothing particular about the house. She
knew Mr. Bird quite well : he Was her father's landlord.
Cross-examined by Mr. Notass.—Deposed that she could
not be sure whether she took a quarter of an hour or 20
minutes. The windows were shut, and the door was open.
The mail was outside the dour, the woman inside. Witness
walked on, leaving the parties in the same position. She saw
"Jr. Bird distinctly enough to know him.
John Letton lived at 'a house called the Greenwich Aca
denty ; be and his wife occupied two floors of the house ; he
is a cooper by trade; at the time in queition was employed
as a patrole; and was accustomed to go out at.eight o'clock.
He knew the prisoner, who left a box at his house when he
quitted his place; there were two staircases inn the house. He
and his fatuity generally went no the larger staircase. There
was a smaller staircase, through which a person might pass
into tire roam where Hussey's box was deposited, without be-
ing discovered by his family. Hussey often came backwards
and forwards to his house. Witness was not in the habit of
locking his doors' when he went out at night as a patrole.
There were two privies to the house, which adjoined Mr.
Smith's premises. Near one privy there was a place where
his and other children used to play; in that place Inc never
recollected to have seen any matting sir rubbish ; there was
nothing on the day •of the murder which could have con-
cealed a bundle. There was a dark cellar close by, where
a person could conceal any thing: the door of it waialways
open. Near this place there was a cistern, with water always
in it ; this•was near the staircase leading to the room where
Bussey's box was; there was also a pump in the kitchen,
which was not sist] by any one; a person might go there
without meeting aay part of Iris family. He kept his cooper's
tools in the lower part of the house, near to the kitchen that
was not used. Befure Mr. Bird's murder, he had a cooper's
hammer in this place; before the murder, he had missed the
hammer; be left it there about four in the afternoon, and
;Hissed it next day; it was about ten days, or a fortnight, be-
lore the murder was committed ; he inquired for the ham-
mer, but could mint find it ; it was a pail-rivetting hammer,
he saw this hammer since in the possession of Mr. Bick-
nell's Clerk ; before this be" had described it to the Ma-
gistrate; when he saw the hammer sitter, he knew it to
he his. The prisoner used to conic trey/aridly to his box;
witness once sass' the box ()pep, and there was hardly any
thing in it; when Hussey first brought it, it was secured by
a pack-thread ; witness took the box away, and then it was
secured by a stronger cord ; he took the box to a Mrs. God-
dard's, in Deptford, Had left it, there ; this was about ten
days after the murder. The box then appeared to be a great
deal heavier than when it first came to his place. He knew
the prisoner when he liven with Mr. Stephenson, in Vansit-
tart-terrace, as a servarat the prisoner used to wash his mi-
ter's gig-near the pond where the hammer was found, frown
which pond he used to get the water. 'f he lane which ran
by his house communicates with Mr. Smith's grounds, and
the pond was ins these Iz-rounds. Witness heard of the mur-
der on the Sunday afternoon; he saw Hussey the Sallie after-
noon; he came to his house about half-past three that day; a
relation of his was with Hussey ; he staved until about ten
minutes after five, and then went away, saying, he was going
to his brother's at Peckham; he said he had promised his
brother to dine with him that day, but had dined at his
washetawomates. When he came that day, witness observed
to him that he was quite groggy, and he replied, that he had
been at the Tiger's Head the night before, where he had been
drinking; he said he had been drinking in the morning at
the Ship and Last; that be dined with his washer-woman,
and could not do less than give her something to drink.
After this conversation, be lett the room for about ten mi-
nutes, then returned, asked for something to drink, and sent
for some porter. Witness saw a pair of gaiters produced be-
fore the Magistrate ; he thought they seere the gaiters of
the prisoner. Some time after the murder, Hussey, and
Itazletun cause together, and be Was putting on a pair of

• .
raivq, whteh he sai3 be lianght or an ostler at the
Prince of Orange for four shillings.
On cruss•examination, witness said, he haid known the pri-
soner some time, and had a very good opinion of his character.
Witness never took taincli'not ice of the place where the mat-
ting and rubbish was said to have been laid there might he
Some there without his noticing it. The place where he kept
his tools was not locked ; his children might have access
to it.

Maria I,ot,trili wife of the last witness, saw Hussey's box
when it first caMe; there was only a few clothes in it. After
the murder, about a week, Hussey requested she would de-
sire her husband to take the box to Mrs. Goddard's; in the
place near the privy, there was not any matting or rubbish
sufficient to conceal a bundle. About half-past three, on the
day the murder was diseoveied, Hussey called on her. They
made every possible search for the hammer, and could not
find it. She had not heard of the murder when Hussey
called, and not until she went out to get some porter ; there
was a great crowd then about, and the people could have seen
the corner where the rubbish was said to have been laid.

Lettun, nephew. of the last witness, recollecte4l
the Sunday of the murder; he went to his uncle's house;
when ke knocked at the' door, Hussey came round from the
side, and they went in together; as witness stood at thedoor,
Hussev came on the lett side; it was about half past three
witness did not stay long at his uncle's.
Jane Goddard, the next witness, appeared greatly affected,
and was allowed a seat; she said she lived at Deptford. and
was related to the prisoner by marriage; she recollected a
box having been brought to her house on the Monday after
the 16th of Feb.; it stood in theshop three weeks or a month
before it was opened; the box was opened by her husband ;
the first things she took hold of were a silver ladle and some
sheets, but did not know how many ; saw sonic. old clothes in
the trunk; the things were again put into the trunk, which
was again corded up. ,About two of three hours after it was
opened again, she believed in the prtrience of Hodges. the
constable, The day after the box was brought, Hussey came
and opened it. she thought 'she shoUld again know the ar-
ticles that were hi it.

James Goddaid, husband to the 160.4ittiess, spoke to the
box having been brought to his house,;a'hil placed behind the
counter, standing OH the end. Ile opened it, and found in it
a large bundle, containing Some sheets,. a silver ladle, a pair
of dark pantaloons, a wine-strainer, a waistcoat with sleeves,
such as is warn by gentlemen's servants. G. S. 13. were
marled on the sheets. He atterwards corded up the trunk,
and sent it to the prisonet broth'er at Peckham. He had
no instruction not to let. any one go to. the box; it had lain
three weeks before they examined it. When Hussey came,
he did fiat say any thing about it.
Thomas Hussey. brother to the prisoner, who was exceed-
ingly affected, said he lived at Peckham-, and is a hair-

41 rrss r. His brother came to his bonse on the Sunday of the
murder, at about 'five o'clock. lie was to have dined ►with

him that day at one o'clock. Ile staid all night with witness.

He was dressed in a black coat and waistcoat. The next
morning he saw some broken pieces of heckle fall out of the
prisoner's pocket. He did -nut say how he came by them.
He asked witness if he had heard any thing of the horrid
murder at Greenwich ? Witness said he had nut. Prisoner
then told him, that an old gentleman and his housekeeper
had been murdered just opposite where he lodged. The rea-
son he gave for not coming to dinner was, that of the mur-
der; and that Greenwich was like a fair. His brother had
received a legacy of sixty pounds the Wednesday after the
murder.

Thomas Smith, a constable of Greenwich,-had received some
pieces of silver truckles froM Tlinmas Hussey; he afterwards
showed them to the prisoner, who said they were souse of the
;lungs that had been in the bundle which he found ; an.l,•at
the same time, he remarked that they had been in the fire.
Mr. Smith, the Magistrate, said, that Thomas Hussey had,
On the 13th of March, brought him a pair of buckles, which
he said he had found in his brother's box.
• Elizabeth Godwin (sister to. the prisoner, who seemed
greatly affected) said she lived at Peckham ; there was a box
belonging to her brother at her house ; it was about the end
of February when she first saw.it the prisoner had access to
,the box ; she believed he came Only twice ; the first time seas
three weeks after the murder. She • opened•the box, and
found in it two watches, which her husband and her brother
Thomas took. She saw a watcb:paper on which was the name
of Bird.

Mr. George Bird, the son of the deceased, identified the
tortoise-shell watch which had beer' found upon Hussey.—
He said the watch was his mother's, and. after her decease, it
used to be hung up. His father also constantly wore a metal
watch, which had been found in Hussey's box.
Thomas Larkin, a constable of Greenwich, found- at the
house of Mrs. Goddard, a trunk, which was now produced in
Court. It was fastened by cords; he found in it two shirts,
two sheets, a soup-ladle, a silver wine-strainer, a pail of
gaiters, and a pensioner's ticket, with the name of Charles
Hussey upon it. Here the witness produced the articles
found in the box. From these it appeared, that Hussey had
been a marine. Witness was at the house where the nut.-

ders had been committed about twenty minutes after one.
The trunk was delivered to the witness on the 14th of March;
the gaiters then appeared to have marks of blood, and marks
of vomiting upon both gaiters.
Mrs. Lettou being again called, said, the gaiters in Court
were of the -same colour with those which belonged to the pri—
; and be had sewed a strap, which sewing was like that
on the present gaiter; it was only a mend*, and not an
original sewing.
Letton was again called, he could not positively say
that they were the manic gaiters that belonged to the prisoner;
they were like them in colour.

gesiah Bell being aga►n called, was shown the sheet found
im aussey's box, and she positively swore
.tk►at it belonged to
Mr. George Bird. It bad on it the marks G. S. U. Mrs.
Bird's name was Sarah. These were the marks of Mr. Bird's
sheets.

The articles of silver, the shirts, and sheets were then
proved to lie the property of the deceased, as also the notes
found in the box left by the prisoner at Peckham.
John Poulton, a constable of Deddington, iu Oxfordshire,
said, he apprehended the prisoner on the Ist of April. He
then had a watch on him and a poehet-boolr, containing two
letters. The watch he gave to Mr. filmic, the Magistrate.
The ring was then produced,' which the prisoner threw into
the privy at Deddington. Both were identified as the, pro-
perty of Mr. Bird.
John Vickery, an officer belonging to Bow-street Office,
searched the prisoner, and in taking off his hootst a ring
dropped either out of one of his boots or his pantaloons. He
said he found it in a bundle in Mr. Smith's grounds, at
Greenwich. This was also proved to be the property of Mr.
Bird.
His son proved that he found it in the letter-box in which
it was usually kept.
Mr. Bicknell, clerk to the Magistrates at Greenwich, proved
that the prisoner made a statement in words, which he, the
witness, took down in writing.. It W 43 read over to the pri-
soner, and he said it was -correct. Being asked whether he
would sign it, he refused.

Being cross-examined, the witness said, be saw, the fire in
the kitchen; it was nut -perfectly out.
The statement of the, prisoner was then .read. stating that
he saw a man place the bundle in. Mr. Lettiiii's grounds, that
he took it up, and hid it under souse rubbish mid matting,
until the Saturday following.
The two letters, found in the possession of the prisoner,
were then read again.
George Yonne lived at the Tiger's Head.- The prisoner
came to lodge there three weeks before Christmas, and re-
mained there about a fortnight after the murders were com-
mitted. Hazledon WaS sometimes there with him, and he
beard them say, that Hazledon's hand was - much cut "by a
tall from a wall. Witness saw him while it was bleeding,
and the prisoner was then dressed in a black coat and grey
pantaloons, but did not wear the jacket produced in. Court.
The prisoner's working jacket was nut quite so light. He
saw the prisoner at the Tiger's Head on the Saturday the
murders were committed. He was there about half past ten
in the tap-room. He wore a black coat, but had no gaiters
on. He slept with the witness that night.
Mrs. Walmsley, the landlady of the Tiger's Head, said,
that she (lid nut see Hussey instil about ten o'clock, but he
might have gone out or conic in without her knowing it.
John Sparks knew the prisoner Hussey. L&c went into the
tap-room of the Tiger's Head at seven o chick, and remained
there till eleven. The prisoner did not come into the tap-
room until past ten. Witness saw him next morning at ten
o'clock in the same place.
William Hallybone saw the prisoner about a quarter past
nine, to the best of his remembrance, at the lodge of Odd
Fellows, held at the Tiger's Head.
Mrs. Bennet, the washer-woman, proved, that the prisoner
dined with her on the Sunday •the. Monica s were discovered.
lie came there at twelve, and went •irway at three, when the
bells were ringing for church. •

This was the case for the prosecution.

The prisoner was then asked by the Court what
he had to say for himself. lie declared Ili: inno-
cence. lie said, about seven o'clock on Saturday
he went to sell some clothes at a woman's house,
though she could not recollect any thing of this.
It went then to an eating-ho3ise, called l'erret's.
lie stopt to hear some aiogin i" the weer, and

. .
tv(nt then to tte about Lalf past
eight o'clock. He then stated what happened in
the lodge at the Tiger's Head. lie then related
a long story a hOlit his conduct On SI1O(la y, and
afterwards. He repeated this with cousiderable
fluency and composme. Norlook of terror ap-
peared in his face, butt he seeined fatigued by
standing in a crowded Cotiti for so. many hours,
from 10 in the morning till six .-)'clock -in the
afternoon. The prisoner - then wished Hallibone
to be called again, tolte examined as to the time
he entered the lodge on Saturday night.
Mr. Serjeant LENS, who sat as Judge in the
Criminal Court, then summed up: 'ibis was a
case vaich deserved attention from the Jury, and
he was happy to see that it received it. The.
Learned Serjeant had said that the, evidence of
circumstances was stronger than testimony, but,
still it must depend upon testimony. Though the
evidence was long, it might be brought within
a narrow compass. The circlunstances of the
murder could not he doubted ; but the question
was, were they brought home to the individual
at the bar. The time within which the murder
must have been perpetrated was nearly fixed. The
murder must have been cutrititted isietween the
hours of eight and nine o'clock. The deceased
was a man of regular habits, and went to bed be-
fore ten o'clock, The supper was prepared—the
potatoes were in the oven—the water was boil,
ing—and the tahle-cloth was about to he laid on
the table. The Jury haul heard a circumstantial
account of the state iu which the bodies and the
house were found. It was not necessary to detail
them. There was almost no doubt that the woman
was cooling to the door when the crime was per-
petrated, and that Mr. Bird was in the attitude
conjectured. The Learned Judge then went over
the evidence with great impartiality and discri-
mination. He made tosvartls the conclusion a very
solemn charge to the Jury, and seemed very much
affected in desiring them to make up their minds,
and pronounce their conscientious conviction,
however fatal it might be the prisoner at the
bar. lie spoke two hours.
The Jury, without retiring, after a consulta-
tion of a few Minutes, returned a verdict of
Guilty. The prisoner, who bad during the whole
day maintained a firm and. intrepid aspect, now
became agitated and pale. He exclaimed that he
WAS as innocent as the Judge who sat on the
Bench, and that lie was ready to Meet death to-
morrow with such a conviction.

The yarned Judge then prepared to pronounce
the awful sentence of the law, which he did with
great solemnity and feeling. It was 'a paintui
ditty to him to attend to this day's proceedings,
and the most painful part of it still remained to
be performed. After what the Court had heard
to-day, and after the conclusion to which the
Jury were forced to come, he wished the prisoner
had spared the declaration he made of his inno-
cence. fie hoped he would still be brought'. to
repentance and contrition for his crime, or which
there could remain 110 doubt in the mind of any
reasooable man; and in the few hour:► whirl, yet
remained that he would make his peace with God,
from whom all disguise was ineffectual or impos-
sible. In Ibis way he might secure pardon above,
while there was no chance of it here. Nothing
now remained for him but to pronounce the sen
fence of the law, which was, that the prisoner
he taken hence to tl►e place from whence he came,
and on Monday be carried to the place of execu-
tion, and there hung by the neck till dead, and his
body given to be anatomized, and the Lord have
mercy on his sold.

At the conclusioir of the sentence, the prisoner
cast an anxious agonizing look triwards the bench,
apparently wishing again to address the Judge.—
He -did not do so, however,, bur retired wider
charge of the officers without speaking a word
• His composure and.fiumness of ties ve during the
whole trial was remarkable, and could only be
explained on the supposition Of a confidence in
his acquittal. It is said that he entertained at d
expressed such a hope up to the morning of th.-
trial. If any thing could have affected him, it
was the conduct of his sister and brothers, who
Were so overpowered by their feelings in giving
their evidence, that they could neither look to-
wards him or the Court. His sister especially
seemed overwhelmed, and wept bitterly. Her
voice was so stifled with her distress, that she
could not be heard by the Court: On her exit-
urination,- a seat was ordered her, and her depo-
sitions were obliged to be repented to the Court
and Jury, by a gentleman of the bar who sat near
her. Towards the evening the crowd without the
Corot was immense, and their anxiety to know
the verdict extreme; but thete were no testimo-
nies, either of satisfaction or. disapprobation,
shown at the result. The trial lasted from 10
o'clock in the Morning till near 10 at night,

LIBEL.
LEWIS versus CLEMENT.

This was an action by an attorney of the Court
of King's Bench, against the defendant, as pro-
prietor of " The Observer" Sunday and iklonday
newspaper, for publishing a scandalous and defa-
matory libel of and concerning, the plaintiff, con-
tained int a report of certain proceedings in the
Insolvent Debtors' Court, in the case of a man
named iVilliarn Carter applying for the benefit of
the Insolvent Act, tending to spew that the plain-
tiff %vas a dishonest and wicked attorney, and was
guilty of gross oppression and cruelty towards the
insolvent. The declaration contained a great
many 'counts, to which there were as many pleas
respectively—lst, the general issue, nor guilty ;
and 2d, a justification that the alleged libel was a
faithful and correct report of what occurred be-
fore the Insolvent Debtors' Court in the case in
question. To these pleas there were replications
traversing the truth of the report, on which issue
was joined.
The plaintiff's case was conducted by Mr. Mar-
ryatt, Mr. Gurney, and Mr. Chitty, and the de-
fendant's by Mr. Adolphus and Mr. Platt. .
The plaintifi's case shaped itself into a long.
detail of evidence, for the Impose of skewing that
the statement contained in the alleged libel was
Wholly untrue. The effect of this evidence went
to prove, that Mr. Lewis had been originally
concerned professionally for t man named Wm.
Carter, a tradesman at Itamsgve, and that in or-

(1" to relieve bin) from his embarrassments, he had
adrauced money ~vhilst in prison—had con-

duct4il- hit law business in some actions s="''
him, and had, by his express direction, bra"e
wt its of error, and ot litr law ploce dings, 11 t,
purpose of delaying his creditors. It appearediP3ei
by these means, the insolvent had b,.coine
to the plaintiff in the sum of 2701-. to Secnredtel
paymeot of which the insolvtla bad mortgAr;
his freehold and bt her property, worth alb?
3001. to the plaintiff. and also given
power of sale. Tim publication in the defencia"`d,
paper purported to he an account of the pr'ceeep
ings before the Insolvent 'Debtors' Coati, %;11ett
Carter was brought up to he discharged wIl'; of
account consisted of the insolvent's statement, .
his own case, on oath. The speech and nr‘ite
tents of Mr. Bassett, his Counsel, and ;'s
serrations .of the Learned Commi,sforter,',ol°4-:c
reported to have animadvered upon the co° •
of Mr. -Lewis, and recommendel an aftlilifilitilo
against him to the Court of King's Bench. 11bt
geared, that when the involvent was)fergo.
up, Mr. Lewis was not present, and had `lrb
port unity of being heard on the occasion, altnoo'-be
he had been served with the usualptipicoeselroTri
Insolvent Of his intention to take the bet'elit, to
the Act. The drift of the alleged libel -
shew, that Mr. _Lewis, itt his conduct to411";J„
Carter, had been grossly oppressive and erta.„6
that he had brought writs of error without 1,
consent of the Insolvent, for the
tiug costs into his own pocket—that be lid(!
to
duce(' the Insolvent to mortgage his proPeT, ;',nitt
him, at a sum far less than its value, awl `t tit ea
his knowing the effect of the lostromeot be “.iip
signed—that he had by these means eeduced
to starvation and hegg trv.—The article ifitritStl:r,
Was heatled" Shameful Cooduet of an `11,(1,-0
ney and concluded with an observation,
the decision of the Court in favour of the
produced general satisfaction (tit a crowded 4A)-,..0
- ADOLPHUS addressed the Jury witlils
ahil;,y and etotponice on the part of the de;kl
ants, and cootended, that if' the plain!iff cr,reis
succeed in- this action, the Liberty of the
must be completely destroyed, in so far s 3
cerned the reports of proceedings in Courts 44.10;14
rice, winch was es important to the mond, oe,l
fare of mankind as religion itseiL—The 14"re0
Counsel spoke at great length. lie unilelt,°,: ice,
shew, from the most uticoestiotethle
that the statement in question was a fair,
and accurate detail of the case, of
professed to be a repot t. •
To prove the detendant's justificatiOn' „.ja
Bassett and. Mr. Norris, Barristers fo'seta'nft4
the Insolvent Debtors' Court ; Mr. Corlien44,
Attorney for the oppo,ing creditor, against C .041
and several other witnesses were examined;
their evidence went to shew, that the stsien:o
pnblished• in The Observer VVAS bubstatitiallY, z
;,It
and faithful, but atone of them ventured t° 14.
to the accuracy of it in positive terms. ;f, 55eti
Mr. AIALRYATT, with great ability, a"1.3
the July in reply.
ce svilh
Mr. .1 USTiCE AJ3SOTT,SIIMITIed up the cd-- d'"
the strictest impart ialoy, nut ;fool r
ing any opinion upon the important
to the right of Newspapers pohlisiii,g
hug iii Courts of Jo s t t hat ths(
teas not necessary to discuss on the preseirt PO
5
itm, the issue being whether the ileten‘i'oi?
justification lid been made out. ths 11(''(
,•01#
was Of opinion, that upon -some of the coon:400
plaintiff' was entitled, as a matter of, cice
to a verdict, inasmuch as the evinf:i
support of stone of the pleas 4"
support the defendant's justification. /1,,c
1:0O4'
culsrly remarked upon the absence of tt4: 4(.0
man from whose notes the tetort of 4be C'llo rbg
published, as a ciremnstance preitolijal t.tee"
defendant's defence. His Lord-hip, I"°6e,ino°
put it to the Jury to say whether theiostil nof
had, in substance, been mad, out ; tar, tel
aA
were of that opittiou, the Learned CO° .110
tr
each side would agree on which counts di
should he recorded fur, toe plaintiff, and wi'l6
the defendant.
The Jury, after considering the cose for 6,00,
• ter of an hour, found tor the detrodant geri-0114'
upon which it was atueud that the verdict 3' 1 6'l;
standl for the plaintiff on 1. c Ist,
counts, and for the defendant on the re"
counts
40)e:11
DRAWING A TRIGGER WITH INTENT 00C.j
J. Alexander :,[l.l Sarah Berthalet were
tinder Lord Ellenborough's Act, for levti;,l,,A
pointing a loaded gun at Stephen C°r'ti„g
officer of the Sheriff of Kent, and WWl"'
discharge the- same by thawing the trigger•.,f„te
The Jury, after considerable deliberation
the prisoners—" Not Guilty."
They were persons of respectable SPPCiirorl;
.aroff
and the Lady of vet y genteel manners,
0
near 61) years of age. ,ssto-
-11
They were
.afterwards arraigned for An
4PPrir
s,
PARICIDE.-The horrid wretch wet, g
we some time since stated to have wort' ujitycaj
father, apoor man, was last week "n( gsaff4f
the Wicklow Assizes, and 804") tifte! -elide
death. lie died in the'rtioSt bardenedb"
be
lie was a very low-bred ignorant weetcd the
CAUTION —Yesterday morning A !ltd, 14o841:13,11
employ of Mr. Dennett, grocer, the
oiel *
being in a state of perspiration, drank sad tit
he feeling himself unwell, went to bet' •
short time after expired.

2,-..---_—_, _..._,_..,_.....------------- _ -- J /
P
1111:TH. the r3°-3. f,cir° "'
Ott the 30th inst. at Iter tooffo-r's• Itowe,
De I.a.wart., iii Savi ile 701 V, Lady Cal ::CCIIIC Da4VC)°
- ------- ril
ELl°oi
•
NI ARRI LO• Rev' it j
Ott 'fftt-t,,i;tv last, at Wititchorcit, Oxon, I,c the, ii :lia'o,lo,ll
Neale, the Etc. (;eor:,t, Iltiot • etcctor ..111'",,',,J It'.000"
Coney Weston, Settff,ll,, secoo) ,t)li of lti, ,''' ~ to '1,‘,41('
Hunt, Esti. of lloceittoii, in the Couotv 01 ''3`''lottie -'
only datiglitee of Saw ttel Gardiner, .1-:;,I• "f --('''
o%on.
, .stl"
DIED.
,41 Ittlii° 5 I
Yesterday morning, at his lim=e in -' . f berolr€o-
- Ancoli. tr (t c•lt to/
,5111 Y4',11,e at r
On Thutsday, at Brom pton in flit,
Miss Pope, of Newtnatt-:-.tre,t; fo; iti,r)r 'of ti'''' .--7
,'
Unity-lets. --' A,
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-. . . - . . - -.,.
19 ' IS% '% •
,z f.- . fiv i'''
LONDON: Printed 'I.!. IL (.'ARST.‘II(',. :);...td r lir; 41"
01111,1141-Sn ca, Qizveti-G,itia',,,; aii,i r1:1),, i,,,,t ',
far-
!“..../t.ll'l)S, of No. 7, :;outh Moiton-,11'..er,;,0111.' /
(-Mice, No. 112, r.ltrar:,l ; wt:t.,.„ A drettO,'"
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Lot• ti ;4.- rn,lat.,a i.! I rt..,, It. I,,ldrc'sr-