Star.
London, England, 1815-01-14 00:00:00

OLD BAILEY.

Yesterday twelve prisoners were tried, five of whom
were capitally convicted, viz :—J. Kettle (aged IS)
and J. Reeves (aged 11) for breaking and entering
the dwelling.honse of B. Hughes, and stealing two
shawls, his property; W. and It. Jones, for stealing
two gold seals, the property of E. Taylor, privately
in his shop ; andJ. Donahoe, for breaking and enter-
ing the house of F. Gibbons, and stealing a piece of
scarlet cloth.
Josepl 41itnoary the coachman of the Bath mail,
was placedet the bir to take his trial on an indictment
charging him with the wilful murder of John South-
combe, by driving on him the said mail coach, on
the Slid di Octdber last.
' Thomas Hales stated, that be was engaged as the
guard of the Bath .nail coach, of which the prisoner
was driver. They set out from the General Post-of;
flee about eight in the evening on which the accident
occurred. On coming to the two mile and half stone,
be beard a crash, and looked to the spot from whence
the sound came, and saw i man lying on the ground,
and a cart overturned; the shafts of the cart were
disjointed from its body ; witness called to the coach-
men to stop, and believes he did so as soon as he
could. The coachman sent. a person back to the as-
siotance of the man. Witneii: told hint he believed
he had ma over a Man: It Wag at the Hand and
Flower the coach stopped, and. from thence assist-
ance was sent; the distance from the Hand and
Flower to the spot'where the jimident happened was
about 80 yards. The Wor arid Exeter mail
coaches came op about the same time: the Exeter
was first, the Worcester next, and witness's coach the
last, as close to the Worcester as they could go. Theyi
were going it the rate of eight miles an hour, with'
the lamps all' lighted. Had every reason to suppose
his coach rub against the cart. r Tbe coaches were all
on the neiir side of the road, when the cart was over.
tinned, within about six feet of the foot-path. The
'cart was 4 'the breide of the road, bat "cleiti- to the
'near side.
Cross43Mitsined by Hr. , Gvaitrio4pieb
going at eiollidy pace,. roads beeTyclikg 00,31,f.).

A_.•
Pan &et the edge ofgraWls The takt had ne lafhist;
therefore—thiise yak) were in the art could see the
coach, while those on the coach could het so well
perceive the cart. The Bath coach followed close the
track of the Worcester.
W White; drive,' of the Exetel mail, was about
20 yards a-bead of the Worcester mail, on Inc own
side of the road. The Bath mail follJwed close after
the Wercester. Saw nothing of the accident. It
was not a very dirk night, but all the coaches had
their lamps lighted. They were going at the usual
rate of eight miles an hour.
George Southcombes brother of the deceased, de.
posed that on the night in question he was in a chaise-
cattwith his btother coi the 11..tntmersmith-road; they
were coming towards London ; to,:t three mail-
coaches, and pulled to the near side of the road to
pass. Witness and his brother were on the ornp,r
side. The two first coaches passed them, but the last
which was that driven by the prisoner, came in con.
tact with their wheel. The wheel of the cart was
within :is feet of the centre of the road. In the cui.
lidos with the coach, the shafts were broken off, and
the horse went away with them. The body of the
cart fell forward, and witness and his brother fell our.
His brother was driving, and ftll on the right side of
the cart; hind wheel of mail coach went over his
body, which then lay about six or seven feet Iron,
centre of the road on their own side; coach did n.,s
stop; witness believed them was no gravel on the
road at that place; when the accident happened were
not above Eve feet from the ditch. The mail coaLu
was on the wrong side of the road. The night WAS
not very dark. Deceased was takes to the Hatted and
Flower.

.Witness brought an action against
the proprietors of the mail coach for the injury done
to his cart. In about three minutes, assistanceerne
from the Hand and Flower. Did not think his bro-
ther had been removed from the place un which he
fell. They had come from %Windsor, and bad baited
at the Cricketers, at Hounslow; when they left ti.e
'house were both sober, and came along the road
steadily and quietly. Had no knowledge of bung
remonstrated with by one of the Hammersmith COALfi•
men, for standing up iu the cart and shouting. Did
not mean to say teey were driven againstun purpose.
Thomas Westcou lives at Hammersmith ; was
sitting, in the'Hand and Flower public-house, on the
night in question ; a carriage stopped at the door of
a chandler's shop adjoining to the public-house. He
heard from the persons on the coach of the accident
which had happened, and went with lights to the as
sistance of the man injured. Found the deceased ly-
ing on the ground quite helpless. He was on the
right side of the road, about six feet from centre : and
about four or five yards from the hedge. They re-
moved the deceased to the Hand and Flower. Next
morning be measured the distance from the footpath
on the left hand side of the road to the epee:where
deceased bad lain, and found it to be nearly-eleven
yards, considerably beyond the centre of the road.
Gravel might have been laid down a week or ton.
night before.
Joseph Robinson was on the Hammersmith-road
on the foot-path when accident happened.
.Threw
mail-roaches passed him, all about eight or ten yards
from each other, and apparently upon. the ceutre of
.tine road. Heard a loud crash, and looking towards
the place from whence sound came, save a borer with
shafts of a cart dangling behind him, coming from
behind the last mail coach. The coach proceeded
slowly for a few yards, and then stopped for a few
seconds. A voice from the hind part of the coach
then exclaimed, drive on, drive on, never mind
upon which coach proceeded. Went into the row',
and found a cart standing on an end. The body of
deceased was lying in the track over which coach inut.t
have passed; his face was Weeding, awl he %v.id
groaning as if in great agony. AMr Holly sk as in
company with witness; deceased was speechless, and
insensible. The road was not new gravelled. He
thought the mail-coaches, if any thing, were a little
on the wrong side of the road.
Crowexamisted.—Was abundance of room for the
cart to have passed, without coming in contact with
the mail. The lamps of the mails were very con-
spicuous.
The Surgeon who was called to examine deceased,
deposed that he had a wound on the right side of his
head about an inch in length ; his right collar-bone
and three of his ribs were broken. Witness bled
him{ but he died in about ten minutes. His death
was occasioned by the injury received.
The prisoner left his defence to his Counsel.
Mr. GURNEY then called Walter Mansell, Esq.
who resides in Oxfordshire, and deposed that on the
night in question tie was an outside passenger on the
mail driven by prisoner. They were going a steady
pace. Night was so dark be could not see on which
side coach was. When he first saw the cart in which
'deceased was, it was on the gravel, anal very close
to the Exeter mail ; and after it passed Worcester
"mail, evidently appeared to swerve towards Bath
mail, and afterwards came in contact with it; but
did not hear a word spoke till the collision took place.
Prisoner appeared to drive in a strait hoe, and nut
to be careless, negligent, or inattentive. •
Questioned byte: Jury.—Heard guard say, drive on,
never mind, at the moment prisoner was drawing up.
Witness said he had come upwards of cider utiles to
give his evidence.
The Rev. Henry Brereton, who was also an out-
side passenger, gave nearly the same evidence as the
preceding witness.
Mr. Warren said the coach was on the propel side
of road: He was on foot, and therefore ilAd all op-
portunity of seeing what passed. There was room
for two carte to pass on the side beyond %stele the
coach was roguing.
. Johreesvinnet. the guard of the Worcester mail,
deposed, that if it had not been for the coachman
pulling short up, the deceased would have run foul
of their leaders ; he did afterwards brush, their off-
wheel ; the driver of the cart seemed to be standing
up, throwing his arms about, and shouting as be
passed, and seemed to him to have no direction of the
horse. The. Bath mail was on its proper side.
Richard Johnsoe, coachman of the Worcester
mail, corroborated- the evidence of the last witness,
and further observed, that as the' cart passed , his
coach, he tweed round to the guard and said—
" they're drunk emulate! however."
Thomas Mitchell. *me ;of ass of the Hammee_
_