The Sun.
London, England, 1829-06-12 00:00:00

LAW INTkILLIGENCE.---(THIS DAY.)

COURT OI• KING'S BENCH.

KING V. LOW.

This was an action by the father of a lad who
was apprenticed to the defendant, to learn the trade
of a bookbinder, fora premium of 19 guineas, which
had been paid. A person named Williams suc-
ceeded in the business, and after some time he sent
the lad home with his indentures, alleging that he
had not sufficient employment for him, having two
other apprentices at the time. The father then ap-
prenticed him to a waterman, which was found to
agree better with his health.
It was contended for the defendant that the lad
was not able to learn the trade, his state of health
being such as to make him incapable of bearing con-
finement, and that therefore he had suffered no da-
mage in being sent home.

The Jury returned a verdict for the plaintiff—
Damages, 191. 19.:.

OLD BAILEY.-(THIS DAY.)

OLD COURT.

Mary Ann Brown was capitally indicted for
stealing a coat and other articles in the dwelling-
house of George "Wheeler.—Guilty—Death.
MURDER. AT KENSINGTON.

Thomas Birmingham (aged 21), who stands
charged with the murder of Sand] Waite, otherwise
Mary Ann Brown, was placed at the bar at nine
o'clock, and the indictment against him read, to
which he pleaded, in a firm, voice, Not Guilty.—
The Court was crowded to excess, and public inte-
rest appears greater than we ever remember on any
similar occasion. His Royal Highness the Duke of
Sussex, Earl Grey, and several other persons of
distinction, were on the bench duringthe whole trial.
At ten o'clock the Judges having entered the
Court, the prisoner (who is a good-looking young
man, and dressed as a groom,) was again placed at
the bar, and the trial proceeded.
Mr. ADOLPHUS (with whom was Mr. CARRING-
TON) detailed, at considerable length, the facts of
the case, and afterwards called the following evi-
dence.
Mr. CURWOOD and Mr. BODKIN conducted the
prisoner's defence.
William Davis, examined by Mr. CARRINGTON—
lam a watchman. On the morning of the 14th of
May, about four o'clock,l was at St. Mary Abbots-
terrace, Kensington. I saw a woman lying on her
face in the horse road; she was quite cold and still.
On turning her round I perceived a wound on the
left side. She was dressed in a dark cotton gown
and wore white gloves.
Mr. Henry Parkins examined—l am a surgeon.
On the 14th of May I saw the body of the deceased.
She was at that time quite dead. I examined into
the cause of her death, and found it proceeded from
a wound in the left side, which I have no doubt
was inflicted with a I,.nife similar to one which was
afterwards shown to me. The wound in the side
was from four to five inches in depth; the knife pe-
netrated the heart, and must have caused almost in-
stant death.

By Mr. CURWOOD—The wound might have been
inflicted with any sharp instrument; is quite sure it
was the cause of her death.

By Mr. Baron Hull.ocK—l should think, from
the position in which the deceased lay when found,
that she died instantaneously.
Elizabeth Price examined—l knew the deceased,
her name was Waite, but she used to go by the
name of Mary Anne Brown. She was an unfor-
tunate female. I lodged in the same house. The
deceased had lost one eye. I know the prisoner at
the bar;
,have known him five or six weeks, and
have seen him in company with the deceased. The
pin now shewn to me I saw the deceased take from
the prisoner. This was about a fortnight before
her death. I went out with the deceased on the
13th May ; she had the pin with her; it was for the
intention of restoring it to the owner. We walked
towards Knightsbridge barracks. I parted with her
at the half-way-house about ten o'clock. The next
day I heard of her being murdered, and went before
the Magistrates at the workhouse. Mr. Sketchley
asked the prisoner if he knew Mary Anne Brown,
or Waite ? prisoner said no, he did not. Ile was
then asked if he knew Mary Anne, who had lost an
eye ? He hesitated, and then said, no, Ido not. I
was standing before him at the time, and said, this
is a serious circumstance, speak the truth. lie then
said, I have a recollection of her. There had been
that intimacy between the prisoner and deceased
that he must have well known her.
Cross-examined by Mr. CURWOOD—The pin was
in the deceased's cap after she was found dead. Mr.
Sketchley did not examine the prisoner as if he was
examining a guilty man.
William Bennett examined—l am a watchman,
and was sent by Mr. Sketchley to the barracks, to
tell the prisoner that he was wanted at the work-
house; this was about three o'clock in the-after-
noon ; the prisoner said it was impossible for him to
go, he could not leave his master's horse, and when
his master went to the club house he was obliged to
attend him. .1 'aid, you had better go ; he replied,
I cannot ; I said, then shall I say you will not go ?
Ile afterwards asked me what be was warded for;
I told him to account for where he was last night;
he turned round and observed, I do not know any
thing about the murder; I had not mentioned the
murder before this ; Mr. Sketchley afterwards gave
orders to take him into custody.
Cross-examined—The conversation with the pri-
soner was about three o'clock; the whole neighbour-
hood was in alarm during the morning, and he must
have heard of the murder.
Richard Trevett examined—I am one of the foot
patrol. I saw the deceased about two o'clock on
the 14th of May; I had known her for some time;
she was then walking along the road ia company
with a young man, who appeared to be a gentle-
man's servant; he wore a plaid coat, and had a
cockade in his hat ; he appeared about five feet
three or four inches in height. At the time I
passed I heard the deceased say, "Do you mean to
serve me so ?" They were walking arm in arm. I
did not see the deceased• again until after the mur-
der; I then said, I did not think the prisoner was
the man that was. walking with the deceased. I
asked him if he wore a cockade ? He said, " I
never wore one." I found out at the barracks that
he had a bat with a cockade, which when it was put
on him, I thought he more resembled the man I had
seen the previous evening, but was not then, or am
now, certain he is the same.

Cross-examined--I thought the man could not
be more than five feet three or four inches. The
prisoner is five feet eight inches.
William Chichester Reynolds examined—On the
17th of May I found a knife, 44 yards from where
the murder was committed. (Witness here pro-
duced the knife—it was a common ease one.)
William Leigh examined-1 am a prisoner in
the New Prison, Clerkenwell, on a charge of
felony. I have been in custody several times.—
. I was in prison at the time Birmingham was
brought in ; he was taken to the Infirmary. I
had a conversation with the prisoner during the
time he was smoking a pipe of tobacco. I asked
him what lie was brought for ? He at first refused
to answer any questions. The next morning we
were walking together in the yard, when the pri-
soner said this is a terrible job. I said " yOu left
a penknife in the lodge as you came in, which ap-
peared stained with blood. He replied, " No,
that is rust." I then said, " the girl was not mur-
dered with it." He replied, " No, she was not."
I then asked him how it was that the deceased had
half a crown in her hand. " I know that," said
he, " but, so help me God, I did not give her any
money that night." " How do you account," I
asked, " for the pin being found in her cap ?"
" Oh," replied the prisoner, " I shall not own i!,
and no one can prove that it belongs to me." I
told what had passed to Mr. Kilsby, the Governor.
I afterwards spoke to the prisoner on the subject, anti
he told. me he was in the habit of getting over the
barrack walls at all hours of the night. I then

asked him if the murder wsA committed - %%411
time
mfuei find out vh:lel a t
wasit
bayonet ? " No, it was not," he. said," and theY ar",,
sniolbtsleiqktetel3;itt
suddenly in the night and exclaimed with I,l°
agitation, "by Jesus I hare done ir, MarY"..d
asked him what was the matter, lie replied, 1 r-to •
only dreaming. On Saturday night we agree
club for a newspaper, Birmingham refused. tereri
us. On the Sunday morning, one of the
.prisc'llehe
said, why Birmingham, here is your case-in
paper,—when he appeared very much agitate
his countenance changed; when he was taken tear.
office for re-examination, he said that he hoped
saddle would be put on the right horse. A(1
Cross-examined by Mr. CURWOOD--I first' t°,
him not to tell anybody ; what passed b t yen
e t
v tha
was in common conversation ; I forgot to SaP be
the prisoner exclaimed,—" If 1 had murdered r
larsalesedpo,ne with; at
b
girl with the penknife, 1 should not have been Oleo
a fool as to have left it in the lodge." I have bee
by several names, at the time I was circumcised ol
he started US
name was Wolfe; I was tried in 1816, for stein
67 yards of cloth, but was honourably acquitted',
was subsequently tried on several other occasiPri'
and acquitted. 'cc!
• Mr. CukwooD—l believe you were also (11
with others for a conspiracy ?
Witness—Yes, and on that occasion you drd
fended me.—(treat laughter, in which theTris°ll"
joined.) ip
Samuel Arundel! examines]--I am a prisoner s
the New Prison. On the 17th May, I retnellibefor
newspaper being brought in, and when the e3se•or
the murder was read, the prisoner's countenance/
mediately changed. ell
Mr. STIRLING, Coroner—The pin now peo"-ci
was taken from the person of the deceased; the FY
soner did not then see it.
Mr. ADOLPIIUS-011, then, I have been wr°,,,jlg
informed. 1 will not, therefore, trouble
you
Mr. Stirlinir •
_ . •

This was the case for the prosecution.
Mr. Baron HULLOcK—Prisoner at • the bar, t
s the time for you to say any thing you may. wish, I
your defence.
Prisoner (with the greatest composure)-1 16111
it all to my Counsel.
Lieutenant Ives, of the 15th regiment of 1-4 e
Horse, examined—The prisoner has lived with 1310
as a servant three years; he had always bornq
excellent character. On the 13th May I sent te
prisoner out about seven o'clock; at eleven &clefs
I went ouc to a ball; when I returned I believe :t°
prisoner was at home. •
Davis, landlord of a public-house DWI.
the barracks, deposed that the prisoner was sal
house on the 13th 3lay ; he left about nine oclan;
and returned again at eleven o'clock; he Weic;
away a second time about half-past eleven o'cl°-
he appeared quite cheerful. amore
John Bryant—l am a private in the 15th A—fre
ment. I know the prisoner. On the night•beit/k
the murder I saw him about half-past eleven o'el°11;
he was then coming out of his master's room.-
asked me if he could get a light. I afterwardir'ad
him go up stairs to his bed-room. I was on goon
until one o'clock, when I was relieved. I crier
guard again about five o'clock. I saw the prisle
come crown stairs the next morning, and go to ,
stables. He could riot have left his room &cull'
the time I was on guard without my seeing hiln'tba
Cross-examined by Mr. ADOLPHUs—When: he
prisoner came into the barracks he wore a hat vintmd
cockade, and a jacket similar to the one he noW ";er
on. That part of the wallwhich could be get!'
was not within sight at the time I was on pow
th
Thomas Duckworth—l am a private in the I,"ej
Regiment, stationed at Knightsbridge. I reliOne
the last witness on guard. My time was from 80
to three o'clock. I thick if the prisoner had bee°
the barracks he could not have left without Ili'f
knowledge.
Jonah Bradley, another private in the same Mt,.
ment—Was on duty as sentinel on the 13th tit 4
and relieved the last witness at three o'clock: . T.,„"
witness said he knew the prisoner's aleeping.):oP.V
and he might certainly have left the barracks NO
out being perceived. Ile did not see him g0..0-14•4
Daniel Davis, sergeant in the 15th, examined":
remember on tl:e 14th of May, about a quarter :e;
1)
fore six o'clock, I saw the prisoner come down sue.
from his bed-room ; he was not at the time (I'7
dressed ; he had pat t of his clothes in his-113/
which was his usual custom. I have .known_ 11"--
,
'
five or six years, and always considered him
markably mild good-natured man.
By Mr. ApotPuus—l think I once saw the de:
ceased and prisoner together.
Richard Edwards examined—l am 'clerk at Al,
ton-garden Police-office. I have often seen- LI
witnes. Leigh, and from what. I know of Oil'
should say he is not to be believed on his eath.
Samuel Gore examined,--I am a linen-draper/h.
Tottenham-court-road. I know the witness LS
I would not believe him on his oath:
Lead better, one of the - City Marliatalell„'
said he had known the witness Leigh for more. tin
twenty yeais, he had had himin taiStody spqrs
times, and believed him to be a very bad mem: i 1,4
Mr. CURWOoD—WouId you believe him
oath ?

Witness—l repeat he is a very bad man. "-
Curtwoop—This is the prisoner's defence'
Mr. Baron HULLOCK in the most feeling and cillelo
manner minutely recapitulated the evidence. 'n
Lordship said it was unnecessary to impress tee/
the minds of a British Jury the necessity b
paying the most patient attention to a charge of stirco
a serious character, and in its result of such ;
consequence to the prisoner at the bar. 11 (14/ 1141 r
think there was any evidence to convict the prisolle;
except the Jury thought the testimony of LeYv
could be depended upon, in estimating which ,e
would bear in mind the notorious character he b°7:
The charge of the Learned Judge occupied, up 4
wards of an hour. •
One of the Jury, wished Davis, the serjeirl."
be recalled, and asked if there was more than °-

bed in the room the prisoner slept in. . ad
Davis was recalled, and stated there was otilY
bed, and no one slept with the prisoner.
atttjf
The Jury then consulted for a short time,.
without retiring from the box, returned a verdict. •
" Not Guilty.
The prisoner, who, during the trial, possessed lthi;
greatest composure, heard the verdict apparel'

without the least emotion.
If we except the trial of Huston, it has treed
some years since there has been so great a cr°,l,o
collected in the yard and neighbourhood 01,
Court. ..„

;
We have the best authority•for stating, 'o3h r
be
fercnce to the case of Thomas Birmingham; that t
rg
accounts which have appeared in the NewsPareop
of the sentry having been flogged at Kelle.irgtir
barracks, and the Barrack-master dismissed, are e.
tirely without foundation. •
- •

ALMACK'S Grand Ball on Wednesday Othe;
ninm was elegantly and fashionably attended, rricst °I pet•
present. leading people of rank and distinction in London be
prefeut. • I
A daring robbery was this morning Cormlo
re:
in the shop of Mr. REYNOLDS, goldsmith, of o°lirf
by two genteelly dressed young men, who after ui°l7h
severe blow at the face of Mrs. REYNOLDS, eaCaPed
j some ewelery which ehe had brought-out to show- tht
For the most part, the countenance of vctie:l.
in this county is strong, healthy, and deep-colitured.i
nosing well.—Dorset Chronicle.
The Flax market at Yeovil is still in a `,;ljgY
languid state, and sales cannot be effected- at renitmer.si
prices. Sherborne Journal. •
• gr.
Coals are remarkably cheap at Dover. • 0.,
PETaa PorKiss tendered for the supply of the workh°°..;
a few days since, at 395. 6(1.. per chaldrou, of 52 bushels.
Kentish Chronicle.
THE BA L LOON.—AIr. GREEN and .his CO'
panion alighted near Kingston-upon- Thames, after n
.00
pleasant trip. The aeronauts returned to the po;ot v!'Y
they had set 010 ullout eleven ia'eock.