Star.
London, England, 1830-09-18 00:00:00

OLD BAILEY. Stpl.l7.

TRIAL OF SMITH, ALIAS SAPMELL, FOR THE MURDER OP LOELL
THE POLICEMAN.

In consequence of this trial being fixed for this morning, the court,
was crowded to excess at an early hour.
Mr. CLARKSON and Mr. BODKIN conducted the case for the proem-
don, and Mr. Apor.rxus appeared for the prisoner.
Paddy Milligan examined by Air. BODKIN.I reside in a court in
Gray's Inn-lane. The 16th of August was on a Monday, and on that
night I was returning from Cromer-stmt a little before 12 o'clock. I
passed by the top of Well.street, at one corner of which there is a brick
wall enclosing a burial ground, and at the other a public house, called
the Calthorpe Arms. I observed three men coming up Well-street. '1
They turned into Gray's Inn.road, and proceeded In the direction
of Battle-bridge. They walked fast. I immediately perceived a
policeman coming up Wells-street, apparently out of breath. I I
stopped on seeing the policeman running, as the men had looked
at me very hard on passing. The policeman inquired which way
they had gone ? and I informed him that they had just turned
the corner. He said to them, " What have you been after r
The men made no reply, but began to hustle him. Two of them
stood on one side, and one on the other. This was near the entrance
to the burlal.ground. One of the men on the right struck the police.
man a left-banded blow on the side. The policeman instantly fell, and
distinctly exclaimed, "Oh, GOD ! lam a dead man." Two of the
men immediately ran down Gray's-inn-lane, and the other turned down
Wells.street. 1 ran after the two men, and never lost sight of the
prisoner till' he was stopped by Mr. Cubit's watchman, at the dis-
tance of aboiit 100 yards from the place where the blow was given.
I saw him throw something from him, both to the right and left ;
and I aft awards pointed cut the spot to Joseph Clements.
Cross-examined by 31r. ADOLPHUS.— The light opposite the burial.
ground was such that J could see very plainly. I had never seen the
prisoner before. I kept him very distinctly in view till he was taken
into custody. The whole transaction did not occupy half a minute.
Did not see sufficiently their features to be able to swear to them.
A young man ran with me, and we were soon joined by others.
There was no one between me and the prisoner. I lost sight of the
second man in the dark corner. I did not perceive any mark or
stain of blood on his hands or clothes.

By Mr. Justice BATLEY.—The prisoner was nearest the deceased's
left side, but I cannot say whether it was he or the other man who
struck the blow, although I saw the arm move very distinctly.
Mary Ann Griffiths, examined by Mr. BODEII4I gain my living by
walking the streets ; on the night in question I saw the deceased' abmt
half-past eleven o'clock; I met a gentleman, and we went into the
Calthorpe Arms together, where we remained till nearly twelve o'clock,
when we returned into the street; we went in the direction of Battle.
bridge, and stopped near the burial ground. The witness then gave
precisely the same account of the policeman following the three men, and
continued—" I saw the blow struck, and had a distinct view of
the features of the man that struck it. He turned round and
ran past me, and I saw his face very plainly, as soon as he
began to run. The wounded man said to me, " For Gob's
sake stop with me, for lam a dead malt." There were two gas lights
near the spot I never lost sight of the man who struck the blow until
he was into custody, which was in about five minutes. I went
with the body to the surgeon's. The prisoner is the man, who was
dressed in a brown coat, and who l can positively swear struck the
blow. When the prisoner was brought to the doctor's shop, I home.
diately exclaimed, "Good GOD ! that is the man that struck the
blow." lam now, on again looking at him, equally certain that he is
the man.

Cross-examined by Mr. ADOLPHUS-. 4 am an unfortunate female.—
I was quite sober on the night of the murder. The prisoner stood
nearest to the deceased. Another man was taken into custody on sus.
picion of being one of them. I never said that he was present.
Amos Denie—.l live in Gray's.inn.road, and on the night in question
was near St. Andrew's burial.ground about 12 o'clock. This witness
gave exactly the same description of the position of the men, and swore
positively that he distinctly saw the prisoner at the bar strike the blow.
—He ran to the policeman's assistance, who exclaimed, " I am
stabbed." I took his rattle out of his hand, and immediately
pursued the man who stabbed him, springing the rattle the whole way.
I never lost sight of him for a moment. A young man of the name of
Coles, remained with the murdered man. When Mr. Cubitt'e wateut
man laid hold of him, I went up, and am certain that he is the man who
struck the policeman. I afterwards assisted in taking the deieased to
the surgeon's, but he was dead before we got him there. I saw him un.
dressed: a knife, without the handle, was found in his left side.
Cross-examined by Mr. ADOLTRUS.—I will undertake to swear
positively that the prisoner is one of the men who stood nearest to the
left side of the policeman.
Mr. Ailot.ruus—Now, I ask you, young man,—and I beg you will
recollect that perhaps the prisoners life depends upon your evidww,—
can you undertake to swear that the prisoner was the man who struck
the blow ? _ _ _

Witness—Yes, sir, I can when Iwu pursuing him there was no
other person between us, and I had a better opportunity than any body
else of noticing his person.
Thomas Prenderville, the private watchman, deposed that he stopped
the prisoner as he was running away from the place where the murder
was committed. Several other persons immediately joined them, some
of whom said that he was the person who struck the blow.
John Newton, a police constable, was next examined : he said that
he did not witness the transaction, but he afterwards found a coat in the
road the prisoner ran, and which he produced.
Crams.examined by Mr. ADOLPHUS—Deceased was a very healthy
man, about 35 years of age; witness knew him well; observed no marks
of blood on the prisoner's clothes.
John Fullam, another policeman, also deposed to finding the coat,
and likewise a crow bar, in a place where a man of the name of John.
son said be saw the prisoner throw something away. He also found,
upon the same spot, a handle of a knife, which was found exactly to fit
the blade that was taken from the body of the deceased at the surgeon's.
Mr. Holmes, the surgeon, to whose house the deceased was carried,
proved the nature of the wound, which must have been immediately
fatal.

Mary Ann Griffiths was recalled to prove that the coat found was si.
milar to that the prisoner wore.
This was the case for the prosecution.
The prisoner, in his defence said, that he was a baker by trade, and
never had a shoemaker's knife in his possession. His disposition was
such as would never induce him to strike any one. He was innocent
of the crime laid to his charge, so help him GoD.
Mr. ADOLPHUS then called Mr. Duna and other witnesses to speak
to we character of the prisoner, but no one answered.
Mr. ADoLoaus requested they might be called in the name of
Sapwell.
After some delay, and no one replying,
Mr. Justice BAYLEY summed up at considerable length, and
The Jury found a verdict of Guilty.
The Hiccoauza immediately proceeded to pasa upon the prisoner
the awful sentence of the law, and ordered him for execution on Mon.
day next, and his body to be given up for dissection.

It is calculated that during the election for the hundred of
Bassetlaw the following quantities of drink were consumed, or at lead
charged for;—Ale and porter 7200 gallons ; spirits 740 gallon s Cwine
1470 bittles ; small beer xi/. •