The Sun.
London, England, 1842-06-20 00:00:00

by the persons around him, and taken to" the station-house. Witness afterwards made a communication to the police, de- I
I saw him searched and two bullets taken from him. The boy scribing his pet son.
Euson brought a hat to the station-house, and I showed it to James Swearn was then called, and identified him as a per-
the
prisoner and he said it was his. 1 saw Mr. Drury, the son who had ribbed him of his watch, and struck him on the
surgeon, when he attended Daley, after his death. head, abou' a week before the murder.
John William Howard, examined by Mr. BODKIN, said I William Barton—ls an inspector of the G division. Has
saw the prisoner in the way described with a crowd of persons known Cooper about ten years. Has seen him, on an average,
standing round him, and a pistol in each hand, and in a few three or four times a week. He knew his father. He has con-
minutes I heard the report of a pistol, and directly afterwards I versed with the prisoner very frequently. He always talked
saw Daley fall. Daley had not laid his hand upon the prisoner rationally. Witness once had him in custody. He was then
before be was shot. The people then closed upon the prisoner, I committed for an assault. It was in March, 1841. Witness
and took from him two pistols and a knife, upon which the pris I met him since that time, and he said " I shall never be happy
soner said, "I am done." I said it was almost time he had, till I've been the death of one of you." He has used the same
and he was then secured and taken to the station-house. expressions frequently in witness's hearing.
Stephen Turnbull repeated the evidence he gave at the first Cross-examined-Has seen the prisoner among reputed
examination proving that he saw the prisoner shoot Daley. thieves.
After the examination of Wns, Smith, whose evidence was W. Penny—ls an inspector of police of the G division. Has
not material, the next witness was known prisoner six years. Has had him in custody eight times,
' Charles Mott, who was examined by. Mr. CHAMBERS, and for assaults and for robberies. Has known him to be summarily
said—l am a journeyman baker, and was delivering my bread convicted. Has talked to him on these subjects. Never ob •
on the sth of May, at Highbury, when I heard the alarm raised served anything irrational in his manners. He was convicted
against the prisoner, and joined in the pursuit. I came up to for assaulting witness.
him in the lane with other persons. The prisoner put his Mr Fisher—ls a surgeon. He attended in Newgate on the
back to the palings, and holding up two pistols told Daley to 4th inst. There were other medical gentlemen present, who
keep off or he would have the contents of the pistols. Daley attended on the part of the prisoner's friends. Saw the prisoner.
asked him what he had been doing, and he said he had been Entered into conversation with him for the space of an hour.
cutting turf. I asked him why he wanted pistols to cut turf, From that conversation, witness should be of opinion that he
and he made no answer. When Daley said the pistols were was perfectly sane.
not loaded, the prisoner told him to " try them." A number Mr. Hoaitx then again addressed the Jury. He compared
of persons had come up by this time, and I attempted to rush the case set up by him for the defence with that endeavoured
in on the prisoner, and he fired immediately, and I received to be set up by the prosecution. All that had been proved was,
the ball in my shoulder. I had got held of the Fisoner, but that, instead of being quiet, he had been outrageous ; there
my foot slipped. In consequence of the injuries I received, I was not a circumstance that was inconsistent with the idea of
have since been in the hospital. I had no stick at fhe time in insanity. The question was not whether he was insane after
my ha. d. the act, but at the very moment the murder was committed.
Cross-examined—l will swear positively I had no stick in Mr. Justice PATTEEON having summed up, the Jury, in a
my hand. I did not see any stick broken over the palings by a few minutes, returned a verdict of Guilty.
blow made at the prisoner. The LEA aNED Joon x then proceeded to pass sentence in the
Erasmus Symonds stated that he was in Highbury Barn following manner :—Thomas Groper, after a long investiga-
Tavern at the-time the prisoner was pursued, and that witness tion, the Jury have come to a conclusion that the act you corn-
joined in the pursuit. The remainder of his evidence was of a mitted was done in a state of mind in which you were perfectly
corroborative character. aware of what you were about. I. think there is no person
James Wheeler was a waiter at the Highbury Barn Tavern. who has attended patiently who has the slightest doubt that
He received two pistols from the last witness. Before the pri- they have come to a perfectly correct conclusion. You seem
soner tired, he said he would shoot any person who attempted to have gone out, whether with intent to rob I cannot say, but
to take him. Saw Daley dead. you have done so before, and whether you had such intent on
Christopher Norman was a sergeant of police. Searched the sth of May I know not. One thing is clear, that you shot
and found two bullets in the prisoner's pockets, and two pistols, a policeman who pursued you, and wouneed him in the arm; you
which were banded to Sergeant Thatcher. went away, reloaded the pistol, and went to a place whence you
Sergeant Thatcher produced the pistols and bullets; and could not escape (the prisoner here shook his head at Inspector
stated that the prisoner, on being told Daley was dead, turned Penny, for whirls he was severely admonished by the Learned
very pale. Judge ). You then fired at Mott and wounded him, you afterwards
Several ether witnesses corroborated the previous statements. shot Da!ey—you sent him out of the world possibly unprepared.
Mr. Drury, a surgeon, was. called to see Daley, and found him When your mother appealed to you to pray to your Maker for
dead from a pistol wound, mercy, you treated her request with indifference. 1t hether
Cross-examined —Continued excitement would keep away you have since made goori use of your time, I know not. I
sleep. Want of sleep is Lot always a symptom of affection of do entreat you not to lose any of that very short space left to
the brain, ever. if sleeplessness was habitual for many years. A you. Your life is forfeited most justly, and there can be no
man calling himself Dick Tuspin, and saying he hope for you on this side the grave. I should be doing an ;n-
-wanted hit father out of the grave, fur it was no use his lying justice were I to hold out the slightest hopes th,t your lire
there, would be symptoms of unsoundness of mind. An ex- will be spared. You will have every opportunity of coming to
pression of weariness of life, was not a symptom of insanity ; a right mind, and I again earnestly implore you to make a good
but, perhaps, coupled with other circumstances it. might be. use of your time. It only remains fur me now to pass mean
A high state of fever eotnenonly affected the brain. Sometimes you the sentence of the law, whence is—" That you be taken
the effects of the disease did not soars pass away. Has known hence to the place from whence you came. and from thence to
persons to be affected for two or three years after the fever. the place of execution, and that sou be there hanged by the
insane persons are particularly prone to resist any violence. It neck until you be dead ; and may 'Almighty God have mercy on
is also a symptom of insanity to go wandering about without
,your miserable soul."
any object. Quiet and repose are favourable to a person in The Learned Judge, when the prisoner had been removed,
such a state. stated that he had power, by Act of Parliament, to order A
Re-examined—Does not think that from the evidence of the sum of money to he paid to the widow of any constable killed
conduct of the prisoner, that he is a man of unsound mind. in the execution of his duty, and he should certainly order it
Assuming a man to have committed sevet al robberies, and that on this occasion. He also stated that he was convinced that,
man, seeing a policeman coming behind him, witness would not if named in the proper quarter, the tout ageous conduct of Mott,
consider it an act of insanity fur the man to jump through a the baker, and Moss, the policeman, would be rewarded.
hedge; it would be a sympton of perfect consciousness. It is euppoeed the execution will not take place till Monday
Mr. R. Mould deposed that he was clerk to the Magistrates week.
et Clerkenwell. Heard Mr. Greenwood put a question to the
prisoner. At the conclusion of the examination of each
witness the Magistrate asked the prisoner if he
wished to put a question to the witness. On the con-
clusion of Young's evidence, this question was put
to the prisoner, and he said, " I did not say that I
would shoot, but I said I would shoot whoever took
me." This was in correction of Young's evidence. The pri-
soner paid great attention to the reading of the depositions.
More than that, the Magistrate asked him if he perfectly under-
stood wbat was being read to him, and he expressed assent.
The Court here adjourned for a quarter of an hour.
On the re-assembling of the Court,
Mr. BODAIN said the case for the prosecution had terminated.
Mr. Homier then addressed the Jury fur the prisoner.
He said that for the first time during the seven years
that he had been at the bar, his was called upon to
address a Jury upon a charge, conviction upon which was
certain death. Ile almost felt that his anxiety would defeat
itself He could not help referring to different
published statements, most of them monstrous per-
versions of the fact, and all calculated to excite
the prejudices of a Jury. When he saw these, he could
hardly ram that they lived in an enlightened age. Was
it a symptom of enlightenment to load a falling man?
They knew in private life how difficult it. was to eradicate pre-
judices. He could not hope that they would forget what they
had heard ; but what he regretted was, that a man placed in the
unfortunate situation of the prisoner, should be subjected to such
prejudices. He called upon them to consider before they gave
an opinion, whether that opinion was founded on what they had
heard that day, or what they had heard elsewhere. This was
the only course by which they could escape being charged
before the Almighty at the great judgment of having sacrifized
human life. It had been well known the line of defence he was
about to take. They had concealed nothing from the prosecu-
tors. They said, in fairness, if the man is worthy of punishment,
let him meet it -e but if he was a being upon whom the light of
reason did not shine, then would he be entitled, by the
law of the country, to be released from the awful charge
under which he stood. This case, involving such difficulties
as it did, must be looked at in two lights, first, whe-
ther the act itself was not so, extraordinary, that it
was a proof of insanity;;; and they must recollect that
this was not a premeditated murder. It was a murder so
called purely by the operation of the law. 'ln the case of a
suicide the gcods of the suicide were held forfeited to the Crown,
but this was avoided by proving the person in a deranged state.
Suicide was murder—self murder. There was no difference
with respect to the law. If they proved the man insane his
goods were saved. Take the case of Lord Castlereagh, the
only proofs were dejectedness and lowness of spirits ; these could
be proved with respect to the prisoner at the bar. Why should there
be a difference in the case of the prisoner and the suicide ? With
respect to insanity, there were many cases similar to the one
before them. In 'Ryan's Report was the account of a man hav-
ing thrown his child into the water, whereby it was drowned. This
was held to be an act of insanity. The keeper of the lunatic
asyluml said that the fact of the person being subsequently
able to give a rational account of himself was no proof
of the man's sanity. The Learned Counsel instanced
a great number of other eases of a similar description. Take
the case of Margaret Nicholson. There was but the
one act of insanity brought against her, and that was
raising a knife against the Sovereign, yet this was
held sufficient, and she s- was not • subjected to a trial.
So with the case of Oxford; there was no otherproof of insanity
for them, than the one act of firing at the Queen. Now look
at Cooper's act and compare it with these cases. If the cases he
had referred to were' acts-,of insanity, how much more was
Cooper. Here there was no premeditation shown, 'and
the evidence of Mr. Drury proved that insane persons were
prone to resistance.. Was the act reasonable—would a
reascnable man have attempted it, the penalty being cer-
tain death ? It; was consistent only with the act of
a madman. Had he been a sane man he would have accom-
plished his flight, as ismumerable opportunities were offered.
Chen they had a firing without an adequate motive; by firing
at the men he placed himself in greater jeopardy than before.
The act of firing must have entirely prevented the possibility
of his escaping. Was not this the pure act of a madman ? The
act of a madman goaded to vengeance, his vengeance heightened
by resistance and pursuit? The Learned Counsel then read
a Report of Mr. Smith upon insanity, wherein he said
that madmen were prone to resist anything like an attack, and
also calculated to exaggerate the attack in their own minds.
Well, then, in the case f Cooper, had they not all these facts
clear in the evidence? '1 homes Cooper was the son of a
bricklayer, and in the early part of his life he appeared to be
a reasonable child. Subsequently he was attacked with putrid
fever, and from that time he was an altered being, and pre-
sented all the appearance of a person of diseased mind. Ile
should be able to show that this had existed for a period of
seven years. During that time he had the power of abstaining
from sleep for periods of extraordinary length, one great proof
of insanity. He should further show that he always appeared
to be almost incapable of pain, or did not seem to experience
any. Then there would be proof of a ravenous appetite. He
should also show that Cooper, who was exceedingly attached
to his mother, was frequently in the habit of . harshly
treating her. This was another great procf of insanity.
Cooper had all his life been fond of carrying pistols and can-
nons about him. This was stated also to be the ease
with regard to Oxford, and Pierce, who was tried about
two years ago. No doubt his Learned Friend would address
himself to the fact of there being no delusion, but
one of the greatest French authors on the subject, said that
madness could exist without delusion. Was there any delusion
in the case of Oxford? He (the Learned Counsel) had beard
of one madman asking another to cut his head off, which he
consented to do, and the operation was performed with perfect
good will on both sides. Was there any delusion there? The
madman knew what he was about, although he did not know
that what he was doing was an offence agaimt the law of God and
man. Cooper saying, after he was taken, " Is he dead ?" was no
proof of sanity, but it was a proof that he did not intend to
kill but to disable. Did net Oxford ask if he had hurt the
Queen, and yet was that considered a proof of his sanity ?
Supposing Cooper had shot himself instead of the policeman,
would they have considered him a felon, considering his whole
conduct? Would they not hare at once said that he
was insane? Why then could they not come to the same
conclusion now that he had killed anotl.er man instead of him-
self. The first witness he should call would be the unhappy
mother. The death of the father had left them destitute.
His mother would state to them his manner and general habits,
as he had stated them. The death of the father lead separated
them from individuals with whom they were connected, and
this was the reason why they were unable to corroborate the
testimony of the mother beyond four years ago; but her
testimony relating to periods since that time would be corrobo-
rated by other witnesses. He should be able to show that a few
weeks ago the prisoner asked a young man to stand at one end
of the room and he would stand at the other, that they might
try and hit each other with pistols. He (the Learned Counsel)
had done his duty, and he reminded them, that if they enter..
tained the smallest doubt of the prisoner's sanity, they must
acquit him on that ground.
The Learned Counsel then called

POLICE INTELLIGENCE.
. MANSION HOUSE.
THE ROBBERY OF THE 5001. BILL.—We published
lately an account of an application made by Mr. Hum-
phreys, the solicitor, for a warant against a person named
John Alves, who was charged with having stolen a Bill
for 5001, the property of two ladies of high respectability,
who entrusted him with it to discount. The bill, it will
be recollected, got into the hands of a person named
Bowie, who keeps a grocer's shop in Shoe-lane, and
who stated to the ladies that he had advanced 2001. to
Alves upon it, and was to give 2001. more to that indi-
vidual in the course of the day, reserving to himself
100/. for the accommodation ; and subsequently Bowie
offered to restore it to the ladies if they would hand
over to him the 200/. he declared he had advan-
ced, and the one; hundred pounds interest, to which
he considered himself entitled by virtue of his arrange-
ment with Alves. The ladies, however, who happened
to have clever advisers after they got into the hobble, re-
fused to pay one farthing, and Mr. Humphreys, the soli-
citor, gave notice to Bowie not to negotiate or part with
the bill, under any circumstances, as it had been stolen
by Alves.
On Saturday Mr. Humphreys waited upon the Lord
Mayor, and informed his Lordship that an anonymous let-
ter nad been received, enclosing the 500/. bill. The ladies,
Mr. Humphreys said, were most grateful to his Lordship
for the assistance rendered to them on so important an
occasion.
The LORD MAYOR said he was happy that the stolen
bill had been recovered, as 110 doubt its restitution would
save the ladies a great deal of disagreeable trouble. His
Lordship, however, regretted that the person who had
stolen it had escaped.

BO ll'-STREET.
The two persons who, on Friday week, were remanded
on a charge of defrauding a young West India mer-
chant of 30/., by conspiring with others to cheat him at
the game of thimble-rig, at Ascot races, were brought
up for final examination, when Mr. Humphreys, the so-
licitor, attended on the part of the prosecution, 'and Mr.
Adolphus and Mr. Lucas, as counsel for the prisoners. The
evidence adduced on the former occasion having been
read over, and no furthur evidence being offered,
Mr. Adolphus contended that there was nothing in
the case that would justify the Court in committing the
prisoners, or even holding them to bail.
Mr. JARDINE, after consulting several law books, said
the case was a very peculiar one, and expressed a doubt
whether the prisoners would be convicted, if he commit-
ted them for trial, and ultimately he ordered them to be
discharged.
The City policeman, who apprehended the prisoners,
asked what he was to do with the six 5L notes he had
taken from Williams at the time of his apprehension, and
which had been identified by the prosecutor as those
which he had paid to Williams ?
Mr. JARDINE said. he would not make any order re-
specting them, upon which the priSoner Williams said,
" I demand those notes as my property, and desire that
they may be given up to me immediately."
The policeman said he had not got the notes, but they
were at the station-house, and would be delivered up to
which ever party the superintendent thought was entitled
to them, on hearing which both the prosecutor and
prisoner wended their way to the station-house, to en-
force their respective claims to the notes, the validity of
which will, in all probability, have to be decided by an
action at law.

MARLBOROUGH-STREE2".
On Saturday, Mr. Win. Auetin, the landlord of the
White Bear public-house, in Little Newport-street,
Golden-square, was summoned for refusing to receive
and afford accommodation to Wm. Galahar (a recruit in
the 2d Regiment of Dragoon Guards), duly billited
upon him.
William Bale, corporal in the 2d Dragoon Guards,
stated, that about seven o'clock in the evening of Wed-
nesday last he went to the defendant's house with tile
recruit, and presented a billet for him for one night.
He handed it to the defendant over the counter, who
having read it, threw it down, and said he would have
nothing to do with it. On being remonstrated with, he
said he had had a billet about two months ago, and he'd
be d—d if he would have another, and witness might go
and do his best and worst. The billet was, in conse-
quence, returned to the inspector of police from whom
it had been obtained, and another procured for a differ-
ent house.
Sergeant E.. Fadden, of the 3rd, or Prince of Wales's
Dragoon Guards, corroborated the foregoing statements.
The defendant said this, was a most gross conspiracy
against him to extort money. The facts of the ease
were as follows :—The complainant and his witness,
with three or four recruits, entered his house, all of
them in a very intoxicated state, and complainant, pro.-
ducing a paper, said, " Here, landlord, give me change
for a 51. Bank f England note, all in silver mind; let's
have none of your light gold." He declined doing so,
and the whole party directly left the house without a
word being uttered about a billet, or indeed was a syllable
spoken but what he had mentioned.
Mr. HARDWICK—Can you expect me, for one moment,
to entertain a defence so utterly at variance with all
probability?—it is perfect nonsense. You might as well
tell me that a party came into your house to billet a
soldier, and that all they did was to stand upon their
heads.
The defendant said that a respectable tradesman, a
customer of his, was standing at the bar at the time,
and would, if the ease was allowed to stand over, come
forward and prove what he had stated to be correct. He
would have attended then, but he was obliged to go a
short distance out of town on particular business.
Mr. HARDWICK—I certainly shall not postpone the
ease on any such preposterous statements.
Defendant—The informer and his witness were beastly
drunk.

The sergeant and corporal both stated that they were
perfectly sober.
. Police-sergeant, No. 8 of the C division stated that
the s.rgeant and corporal applied to him for another
billet a few minutes after they had been to the defend-
ant's house, and that they were then perfectly sober.
Mr. HARDWICK (to, the defendant)— You are making
your own case worse by "throwing out these unfounded,
imputations ; and, taking. the whole of your conduct
into consideration, I feel it to be my duty to inflict the
highest penalty the law allows—namely, 51.
The defendant said he was constrained to abide the
Magistrate's decision, however unjust it might be.
After some further consideration, Mr. Hardwick mi-
tigated the fine to al., and the defendant not having the
amount about him was detained until be procured it.
The complaining party in these cases is entitled to one
moiety of the fine:

Isabella Co per, who deposed that she was the
mother of the prisoner, and lived at No. 1, Rawstorne-
street. He was 23 years of age. Whenlie was young, at
about the age of one year and eight months, he had the putrid
fever. Before that illness he was like other children. After
that illness he presented a different appearance. He never
seemed to take any rest at all like another child. Whenever
she went into his room be was always awake. He grew up with
that restlessness. He never seemed to take rest to the present
time. Others observed this besides herself. It was a subject
of remark to a person who lived with her five yeers ago. When he
was struck or burnt he never seemed to have any feeling. He
was once so scalded in the arm that the skin came off with
his jacket. He said " I don't care much about it." Witness
cried, and he said, " I don't feel it much ; don't cry." That
was when he was twelve years of age. On another occasion he
tore his arm with some spikes, and he did not then
seem to feel ; he was then fourteen years of age. He had
shown that disregard to pain to the present time. He also
hurt the back part of his neck when a child. He was very
ravenous in his appetite. Witness could never satisfy him.
Hannah SJuthall was next called, and stated that she has
lived with Mrs. Cooper for fifteen months ; she corroborated
that witness's statement as to the prisoner's sleeplessness and
several other facts mentioned by Mrs. Cooper.
Mrs. Ellen Roach, who said she knew the prisoner at the
bar; she saw him on the 18th April; she was walking with a
friend in a lane near Homes ton. It was about half-past four
o'clock in the afternoon. After he had passed he turned round
and presented a pistol at her friend, Mrs. Cook's face, and
said, " Your money, or your life." He then said " I'll
have thi.;," meaning a gold Chain and locket which
was round her neck. She refused to let him have it, but he
eventually took it from her. Ile:• then pointed the pistol at
witness, who said there was no occasion to ell so, as she would
give him what she had, and she gave him half-a-crown. He
then said, " If you make any alai m I will return and blow your
balm out; I've got one pistol for each." He then went away.

A letter from Toulouse conveys the following
particulars relating to the late fiery metecr seen on the 3d inst.,
as having been communicated by the Director of the Obser-
vatory of that place. "It was apparent at the Observatory
at the same time as at Montpellier, and was also seen by
General Lejeune, who was on horseback, during the space of
time that he rode about 50 yards. These circumstances
prove that it was from a great height above the earth, and
allows a belief that it mutt have descended near, but not
touching our planet. It was for a long time believed that.
these meteors were produced within our own atmosphere,
but their periodical appearance, which now seems to be fully
established, has for some time led towards a belief that they
are small planets, like the earth, regularly circulating rouni
the sun. Another bolide, or globe of fire, passed on the 9th
init. at 1,4421,122 metres from the earth's surface- Its relative
velocity of motion tpund our sphere was 37,330 metres (rather
more than nine leagues) a second, and its absolute swiftness
iu the space greater than that of the earth by 40.902 metres
(a little ma:c that, 1(1. :cacao:) a see mad. Consequently, at
the moment of its greatest brilliancy, it must have been far
beyond our atmosphere, which does not Weal to above
100,000 metre; in vertical height."