Star.
London, England, 1826-09-25 00:00:00

OLD BAILEY.

Saturday, Henry Johnson, Anne Allender, and F.liza
We Allender, were found guilty of steaing a watch and
other articles, valtied 40s. andupwarda, in a dwilling-
house, during the absence of the owner, William Arneil.
An objection was taken to the capital charge of get-
ting in without the consent, and in the absence of the
owner, because Anne Allender was joint tenant with the
prosecutor of the house thus entered and robbed, and
therefore needed not the' consent of the occupier to go
in. In all other particulars the conviction was clear.
Mr. Sergeant AIAJIN over-ruled this objection, be-
cause the Act upon which the prisoners were indicted
was passed in order to give the same security to tenants
who occupieJoi)artments, which, from their avocations,
:hey might be_required to leave without any one in
them, as the law before gave to householders, and
therefore by the Act, entering an apartment was put
upon the same footing as forcibly entering into a house.
Jeffries Boyce, who was convicted on Thursday of the
assault and rubbery of Mr. Fuller, surgeon, of Bethnal-
green, %Lis again convicted of a similar assault and n b-
bery of a Mn Finch, in Eyre-street, Brick-lane. Another
prisoner, named Stephens, who was midaken for one of
the gang, fully succeeded in proving that he was not
within practicable distance of the robbery.
Mr. Fuller, the Surgeon before mentioned, as having
suffered the assault and robbery, complained to the,
Court that having had to attend nine days to await the
trial, Ise had incurred considerable loss and inconveni-
ence, and that when he waited on the officer of the
Court to be reimbursed, he found that he was only to
receive Ss. 6d. per day, a sum which, the Court would
see, could by no means be held as a fair remuneration
to a professional man in actual practice.
Mr. Justice LITTLEDALE said that the Court could
not order payment for more than Ss. 6d. a day for wit.
nesses generally. A professional man who sh uld be
called in, not because of his being a witness, but in
a case where he was not a witness, and could only
be called to give a professional account and opinion
of some part of a case, was entitled to a guinea a day.
That was because he was consulted as a person of a par-
ticular faculty, and not as a witness. On the contrary,
in the present case, Mr. Fuller did not appear as a
professional man, but as an ordinary prosecutor, and if
this claim were to be allowed,/others would soon apply.
The Court wonld then have to construct a rule of ex-
penses, and the administration of justice would become
additionally burdensome to the country. However, be
would give directions that every allowance that could
be found consistent with fairness and justice should be
made to Mr. Fuller.

John George Leach was indicted under Lord Ellen-
borough's act for stabbing and cutting, with intent to do
grievous bodily harm to James Brooks, who was ex-
amined by the Court. Prisoner-came to the shop of Mr.
Careless, which goes out of Clare-market, on the 27th
of June, at about seven o'clock in the evening. He sp..ke
to witness about 1001. which he said witness withheld
for the maintenance of Miss Murray's (prisoner's wife's)
child. The conversation proceeded, and prisoner had
his hand under his coat. Witness was standing behind
the counter, and desired him to leave the shop, as he
used improper language. Prisoner aimed a b)ow at
him with his right hand (having but one), and struck
him in the left arm. Witness turned prisoner out of the
shop, and thinks that he struck him. In parrying the
blow, witness struck his face, but did not know then that
he was stabbed ; he felt the bone stunned. On discover-
ing the wound, he went to a surgeon.
Witness (being directed by the Court to read Ms deposition) ad-
mitted that in making it. he had not stated that he had bora stabbed.
Cross-examined by Mr. Basal—Witssesetnrned him out of the
shop, but did not drive bird into a butcher's shop ; did not put him
is rear of la life, nor did he see a knife in the hand of the butcher.
He stated to the neighbours that he was wounded, to two green
grocers and two butchers. He had paid 501. and takes an indemnity
for them not to trouble bins any more. Did not know where pri-
soner and his wife lodged.
Thomas Kirby, shopman to Mr. Careless, saw pri-
soner enter the shop and ask for Mr. Brooks. Prisoner
called him in from the street. He asked Brooks it he
knew him. Brooks said no. He asked if Brooks knew
Miss Murray, whom he had seduced. Brooks -asked
if he had married Miss Murray. Prisoner asked it he
had 1001. to pay down for the child. Brooks said he
had not; he had already paid 50i. and now had nothing
more to do with her. (Witness described the+assault
in the same terms as the last witness.)

Mr. Weaver, surgeon of Blackmoor•street, Clare.
market, saw and dressed the wound, which was about
three quarters of an inch long, and not deep. The blow
was stopped by the bone called the ulna. Believes that
there was a small artery divided. Did not dress it first;
his man did, who is not here.

Mr. BARRY took an objection. By Lord Ellenbo
rough's act, the capital charge could not be sustained
except m cases where, on death ensuing, the aim would
be murder. Here there were no circumstances to help
out that charge. Here was a scuffle with blows given
on each side, and the accusing party confessed, that
for several minutes he was ignorant of having been
wounded, and made his deposition the next day before
the Magistrate without mentioning it: so that if his
antagonist had died, no one could have made more of
it than manslaughter.
Mr. Justice LITTLEDALR said, that it might come out
from the rest of the witnesses that the blow was received

the scoille. At prebent it was directly sworn that the
prisoner aimed a blow, and stabbed the prosecutor in
the left arm.

Cousins, the constable, apprehended the prisoner next
morning. He said, that be hoped the warrant might
prove his own death warrant, as he was tired of his life.
Witness said, speaking from what he had heard, he was
afraid prisoner had entertained some jealous notions.—
Prisoner said that if he had stabbed Brooks, it must
have been with the pallet knife, which he produced.
George Green deposed to a conversation with the
prisoner, respecting Brooks, about four or five months
ago, when the prisoner said he carried an instrument to
put an end to the existence of Mr. Brooks, his wife, and
the child. He (the prisoner) would leave the witness
alone for the present.

The prisoner, in his defence, denied that he had in-
tended harm to Mr. Brooks ; he had nothing about him
with which he could stab him ; he might have had
some glass in his pocket, which was convenient to him,
as he had lost his urn. He had maintained the prose-,
cutor's bastard child for three years, without receiving
a farthing.
Mr.Ju►tice LITTLZDA LE was of opinion that there were
points of some difficulty in this case. The instrument did
not appear calculated to do a person a serious injury ; the
person who first dressed the prosecutor's arm was not
present; them seemed to be a distraction in the pi.
boner's mind, wising from private sufferings.
The Jury, after examining the knife, were of the same opinion,
and acquitted the prisoner.