Star.
London, England, 1817-01-18 00:00:00

DAVIES In HARGACVA AND OTHERS.

This was an action wainst the defendants as Prin-
ten of the Fork Herald, for publishing a libel of And j
concerning the plaintiff. At the trial before
Eu.atmottouott in Trinity Term last, the Jury found
a verdict for the plaintiff— Costs 4i.h.
In the last Term Mr. Sc4atzrr moved for a Rule
to stew cause why the judgment should not be ar-
rested. The case was in substance this—Tlie plain-
Lig being indebted to the parish where he resided in
Scarborough. for four monthly assessments of poor
rates, whieb amounted to Ars, he paid the same to
Mr. Hutchinson, the Collector, who refused to give
I a receipt for the same. In consequence of this irre-
gularity, proceedings were instituted in the Exche-
' quer against the Collector, which were afterwards
determined by the Collector's being adjudged to pay
the mitigated penalty of stls. A parochial meeting I
wai afterwards held at Scarborough, at which res9.l
lutiens were passed. describing the vinduct of the
plaintiff as-being a unneighbourly,litigious and veiti-
duns." The Counsel for the defendants contended
that as there was no inuendo in the declaration, al-
leging that the libellous matter was 4‘ of and con-
cerning" the plaintiff—the verdict could not stand.
The whole Court on this day, atter heating the
ATTORNIV-GUNRAL, Mr. TOPPINU. NMI Mr. CoklYN.
for the plaintiff, were clearly .of opinion that the de-
cimation was good in point of law. And that the li-
b Hoes matter was fully proves!. T,ltry therefore
discharged the Rule with cysts.
OLD BAILEY SESSIONS.

Yesterday, fiatte•nici Banos, a German. was indict-
ed for the murder ut Hinks, in Thames-buret.
on the night of the 28th of December last.
The prisoner, being a foreigner, had a right to a
Jury composed partly of foreigners; but Mr. ALLEY,
his Counsel, waved this right, and consented on his-
behalf to be ttied by a Jusy corsisting entirely of
Englishmen.
Chrstian Newman, examined through the medium
of an interpreter, deposed, that he was a sugar-baker,
that he heed in Upper Thames-street, that he was
employed by Messrs. Fick, and Co. that Hinks, the
deceased, lived there ton, as well as the prisoner
Button. They wete all three in Mr. Ficks's entpli,y.
The witness remembered, that on the 28th of 1)e-
-cember last, about nine o'clock at night, thedeceased
and the prisoner went out, and returned h..me toge-
ther; that they went into the room where they cook-
ed tbeir victuals; there was no one present at that
time bet themselves ; there had been no quarrel be-
tween them, to the witness's knoskdge. They were
apparently on good terms at the time; they had
worked together some months. They slept together
in the same room, and were. as friens.s till the 28th.
On that night they were supping together, and the
prisoner took up his candlestick and began to mend
it with the poker. when the deceased objected to the
noise, he not haring finished his supper. The pri-
soner continued beating with the poker, when tlie
deceased stepped forward and laid I.old of it. The;
struggled for some time (about five minutes), eacl
taking hold of the poker. They were enraged at
each other. They each held the poker with one hand.
%Hid beat one another with the free hand. They thet,
laid held of it .with both hands, and endeavoured te
*repel) it from each other. which the prisoner suc
ceeded in doing. The prisoner then struck the de-
ceased with it twice on the head, when the deceased
Coll down. The prisoner discontinued the blows as
,soon as he had fallen. The people came down
ii
consequence of the toise, and a doctor nag sent for
rhe prisoner and the deceased were both in liquia
at the time.
Kalil Worthington, it Surgeon of St. Barthulor

mew's limpital„ saw the deceased before his death
us heed w4s opened after his death ; there wss a
iarge wound aheve the left els. ; the skill was fr.ee-
k tured under the wound, which might have been cc-
c4sioned by a poker, and the Ir4cture, hi witness's
lodgment, was the calne of death.
The pris •ner offered no defence, and produced nO
witnesses t chirac:-r.

Mr. Irstice PAIIK. addressing the itrry, stet-d
them the di-tinction between maiislarigli 4 r and four-
ler, and sa'd, that in this case Cleve apprAred no
evidence of th.it make prepense which constituted
,he latter crime. It was proper, iv all C4SeS when 4
life wis taken atsay by viril..nce, a icl' wiien there
conIJ remain the le.:st d mht with regard to the state
of mind with which the act was rrpt`trAled, 10 send
it t,i the decision r:f rs Jury ; tint Ilete tLe evidence
went 110 Wittier than murder
was chsrvd in the indicanrsit.--Gu by of MA.:••
SLOUghter.
Thews: Kendal and Jorrish Saiq were indicted for
the murder of Robett Pope, pauper in the work-
house of 113etlinal-,•iTen, in having assaulted him on
the 10th n 1 December last, and indicted urn lian
bruises: died on the 2001.

The first witness called was Richard Alr, a pau-
per in the workhouse. He kne . Pope, tee deceased,
who was a veer man there, like himsel, ; but was
unacquainted with the prisoners at the b.r, who lived
in the same house. He remembered, on the loth,
three Gentlemen entered witness's weed, the Rev.
Mr. Pratt and two ChurchwAidens, Mr. el pith And
Mr. Brugg, wl.le came to give a ttpsiicansi to the
ward; this was in the forenoon. He soon afterwards
saw rive or six Men entering and carrying off Pope,
the deceased, frern the side of his bed; witness did
Rot know the men. 'They carried the deceased down
to the oakum-cellar, without telling him, in the beer-
ing of the witness, what they were going to do with
him. Witness immediately went to give information
to Thomas Nicol', the master, of whet he Me sere.
He himself went down to the teller is about ten
minutes afterwards, and blond Mr. Smith there....
When they came to the doer, it WAS !Mind fastened;
and they could not gain AdosittAi.ce, although they
demanded it, for two minutes. He heard nothing at
i the door; but, upon entering, he saw Robert Pope
mended by the two h4nds, tied mitt) rope ports up
to a beam. Mr. Smith untied him. Witness helped
him up the cellar-btepe, and led him to the ward, and
,saked bins it he seas hurt? The deceased sant—
ig Yes, very much." Witness asked if lie knew who
they were vales hint him? Witness left him, weet
way, and raw no more of him.
Henry Russell was a pauper in the woikhouse of
Bethts.thgreen ; reuses) bered Rs.hert Pope, and was
'in the loons when some peisce,s cern,. cet the 10th of
December last, and snatched him away very sod.
[ Idenlv, saying nothing: witness fellewed them es
quickly in he cuuld to the oakum -cellar, and S4W the
deceased tied by cis two hands to a beam, his feet
touching the gruubd ; he saw hies receive frnm eight
lot nice to twenty strokes. The :mikes were Lehi s
1 they were given, the deceased crying out murder se-
veral wine. The strokes were Oren w tit the stave
of an Irish butter tub ; his ct..e. was teeked op, 414
be was struck over the loins vest' severely. Tin lint
member that he heard in the rt:ckoning w.'s eight or
nine: When he had received a di le 9 the wearet
was shifted into another hand. lie did mot know the
prisoners, And was so erected with the cries of the
deceased that he did not attend to their persons so es
to be able now to identify them. He heard one man
saying, ~ It is Tone duty to beet," but could not :Ay
who. The prisoners kvere in the house as paupers.
Sew the deceased next day, who said he «4s very
sore. The deceased ate ilia food, but seemed to be
in a declining state. .
Joseph Speingay was in the workhouse on the 10th
of December last, in the °Ames cello, at two
o'clock, when Pope was brought down. The de-
ceased WAS tied up immediately. A great man?
teemed to be concerned in the business. lie was tied
up by one.pereone Joseph Saint the pri,oner ; Thu.
Alas Kendal assisted in punishing tout sci h ;he steer
of a barrel. Witness did not St'e where. Kendal
struck him; Joseph &jut Afterwerde *rug him.
No other person was concerned in iisffictingthe blow:.
The deceased cried rise:ides.. 'fits season given fur
the blows in the cellar Wdlii that the deceased lied
spoken agoinst the rums of the lamer. Witness eaet
no more ut the deceased. .
Cross-examined.—timid there were forty people in
the oakum-ronm duriolthe vielence on Pulse. 'They
appeared all engaged in the same objett. Witness
had seen a scene of this kind (white. POI,:i was
sickly : he complained of a wound be had received
from the scales of a balance on the day le: dived. lie
died ;linnet immediatelrafter the htiit from the
scales, of which Ise bled very much. This was six-
teen days after Isis punishment is the -.skeins-room.
Robert Ford, flour-keeper At the workhouse, SkW
the deceased repeatedly from the 10th of December
till his decease. He appeared Always iockiy, but
Irian that time he seemed worse. On the 20.1) a
December witness was sent to the deceateu'e *ere.
And saw him bleeding at the nose and math. Tres
contitseieJ two minutes ; he fed, back upon the bed,
,And died almost immediately.
Cross-examined.--,laid Ise heard of the accident
caused by the Kale' ef the balance.
Mr. Agar. a burgeon, WAS Caned in on the 20• It
of December to examine the• dy of the deeeissed :
saw slight bruises aeout Use hens, ur :Allier else n:-
mains t i judgmenr,
tie the set bruises.
Ili.s.ilestrY death. Ile In-1":' opened the body,
and found the Appeerance of the rupture of a hlooe-
vessel in the luny, of which rupture lie Lad no
doubt he died. 'l he rupture cuulci not have taskta
place on the lUth of Decembet, a :ten he was beaten
in the cellar.
Mr. Justice I-lot-novo summed up the evidence.
He approved of the cireduct of those who had
erought *inward tile ppeent prosecution. It was
oroper, when A man died in circumstances that War.
'anted the slightest sespicon. that the matter should
'ee Bitted to the bottom, and that the public should be
,atufied that justice was properly administered, and
hat guilt could not escape. It was more especially
necessary to convince them, that in receptacles fur
he poor no cruelty would ler permitted to be prat.
iced with impunity, and that the utmost Name
vas observed in the prevention of crime: but in the
mint case there appeAted no evidence to support
.he charge of murder. There appeared, he aededi
J have been forty engaged, mid they shietild knew

that if there had been murder, they were all guilty
of what the; approved, aad did not prevent. The
rupture (.t. the blood•vesbel was the cause of the
demb.—Not Cu ltv.

Peurich Downes and Thew: Walla, were then in-
dicwil for the wilftd muder of Eases:a Stanton, on
the 2Fth of December list, at a coffee-4iop in Georme-
.street, parish of St. kites.

Mr. A Nonms state,4 the case lur the prosecution.
Jane Jealous, *be first uitness, deposrd, that bhe

lived in George street; and that on Saturday, the
28th of December last. she WPS in a coffee-shop in
that meet, about tavive o'clock lt night. The cof-
fee-shop was situate opp,,,iie the Tot k's Head. The
deceased came in a :er.earcl?, she beliored in com-
pany with a girl. Tl.e two tri).iniets entered soon
atter Stanton. There :nigh he nineteen or twenty
petsto,:s in the room, of whom five were women.—
St•lot,,n called for some teat, which he drank, and
out monsy to pay. The prisoner Downes
asked him for a shilling, and then for one or two
snore, which the cicceasvd pre, sling, he was not
afraid to trust him. Stanton was dressed like a de•
cent labouring man. He paid for his coffee in loose
money, then pulled out something more, which wit-
ness did not see, saying, 46 If this were loss, I know
somebody•wh.i must starve." The prisoners, Loge.
ther with others, upon this, laid hold of him by the
arm and by the collar of his coat, and 'dragged him
into a corner. Downes placed I.is hand upon his
mouth, and assisted in forcing pins into a chair.
WitACSS then
.saw Downes fix his fore-fingers and

thumb upon the deceased's neck, and remain in that
attitude several minutes, during which time the other
prisoner appeared to be eugagod in searching his
pockets, and io giving something to each ut those
who stood zriluini. Stanton remained in the chair
nearly halt an hour, when it suddenly broke under
flint; upon the noise of which, the landlord, Bastall,
entered, and desired them all to depart. The de-
ceased was led t,ut lay the prisoners, others surround-
ing him, and pushing him onward towards the door.
As he passed the witness, she heard a gurgling noise
in his throat, as it proceeding from an ineffectual en-
deavour to say something. She had before heard of
a man named George the groom ; he was present
during the struggle in the chair, alai witness heard
the prisoner Walton ask him at that time if he would
have any money ? adding, that he could give him a
dollar. Stanton was a little in liquor, but not su
much as not to be niaster of himself. She went out
of the Loose about twenty minutes after the depar-
ture of the deceased, and had gone a very little way
when she saw hint carried in the arms of tour watch-
men. She returned to the coffee-shop, as did like-
wise the tv.o pisonors at the bar. The watchmen,
with the beadle, Robert Smith, who is since dead,
came and inquired for the young man who had rub-
bed the teinples of the deceased; they went away,
however, without accomplishing the object of their
inquiry. The prisoners left the house about four
o'clock, and went over to the Turk's Head. She
herself was there at five o'clock, when Downes, who
had been previcrauly absent, came in, and said he had
been taken to the watch-house about the dead man,
and let out nu his owu bail; that he was to appear
next day, when he would take care to swear fast and
hat d.
The prisoners being called on to say whether they
had any questions to put to this winless?
Walton desired to know why, in the first place,
, she did not acquaint the master of the house with
what was going on, during the scene she, had de-
scribed as having taken place in the coffee-shop t—
in the second, why she did not acquaint the watch-
men with it, when she saw them in the street carry-
ing the dead body ?—And, thirdly, wby she had not
mentioned it to the young MAO who was sitting by
her side at the dose ?


To Whi-ch—the--witness replied, that she was afraid
of being ill-treated; that she, had isforased the beadle
of it; and that the young wan alluded to bad seen
the whole as well as herself.

Re-examined by the Bench.—The noise she heard
in the throat of the deceased was like the rumbling of
water. She did not hear it till be was led out. His
face was eery pale.
Mary Lett was, like the last witness, an unfortu-
nate woman, and was at the coffee-shop in question
in the night alluded to. After confirming generally
the former testimony, her evidence went to the follow-
ing effects—When the watchmen came into the cof-
fer-shop inquiring for the young man who bad rub-
bed Stanton's temples, the prisoner Downes concealed
• himself in a corner, and made no answer. The pa-
trols came also into the Turk's Head when they were
there, and Downes placed his head on the table,
turning away from the officer; and on her applying
to pass by him out of she hos, he said, 41 D—n your
eyes, do you Want him to see me r
On her cross-examination by the prisoners with re-
ward to the cause of her not stating what she saw
smmediately to the proper officers, the witness said,
she considered her life in danger if she did.
In answer to a questiint from the Bench, she said
she could not see whether the deceased was able to
walkout of the coffee-shop or not.
Mize Williams, a young woman of the same de-
scription as the two last witnesses, stated that she was
present when thrthair in which the deceased was
sitting broke down with him. She exclaimed directly,
"4. Good GOD, they have killed the min I" She
went towards the place, and somebody pushed het
back, saying, 11 D—n you, what have you to do
# with it ?"
• Mary Curtain, another girl of the town, testified
With little variation to the IMO purpose.
Elizabeth eon, servant at a chandler's shop in the
neighbourhood, was standing at the door when the
deceased came staggering along, and a man follow,
ing iim. He fell suddenly, and the upper part of
•l.is body fell into the passage of her master's home.
ftramed at the Mouths and sbe thought at the
Siftle that lie WAS in a fit. Somebody called for vine-
gar, but she•knew not who.
Alexander Boilan, master of the last witness, saw
the prisoner Downes rub the-temples of the deceased
viitheinegar. Somebody desired that his handker-
chief should be taken off, and Downes handed it to
- him. Downes table next morning to his house. and
tad hits that tie had been at the watch-house, and
was let out on his own bail ; he added, that he was a
drover, and would attend whenever he was called.
•Robert Clarke, a coustible, took the prisooer Wal-
ton into custody oo Sundae last. Thep Coronet's

truest is holden on the Ist of January, and returned
a verdict of wilful murder againbt him. lie found
Lim under a bed in the kitchen, at Nu. 7, Church-
street, St.

Henry Burgess, a surgeon, deposed, that he
WAS Stilt hte to see the decease.), ab ant four
o'clock us the niorniug. lle WAS then rr:te dead
and cold. There were no external marks of sioleoce
about him, but the appearance of the neck and face
inflicated a great detertninat..,ii of blood C ostards the
head. Them wis a considerable fullness in the eyes,
and a general livid appearance. The lips were nr,t
remarkable for more than the ordinary p deness art
death. He attempted to Weed him in the temples
and arm, but to vain. . The general symptoms were
such as would attend death caused by strangulation,
nr d violent squeezing of the throat. If caused by
driilking, the same symptoms would not iol:uw. The
deceased appeared to have been, though nut a strong
man, a healthy subject. The toam which was about
his mouth, he took to be a natural secretiun on the
approach of dissolution.
Examined by the Bench.—The symptoms he had
described would attend death by apoplexy. Thought
that after strangulation a person might walk a short
way, or *cross st road, though in a very exhausted
state. Drinking might possibly be one exciting cause
of apoplexy. He could nut decide whether the de-
ceased died of strangulation or apoplexy.
In answer to a question put by one of the Jury,
Mr. Burgess said, apoplexy might be produced by
suffocation or strangtilation, and that there was little
difference between the terms.

The pri►onen being called upon for their defence ;
Downes stated, as he had done at the Police Office.
that the deceased and he had been supping together,
when the deceased eat •uraciou►lf, and had fallen
into a fit, in which he died.

Thomas Adams said fie ktpt an eating-house, No.
10, George•street. The deceased and Downes had
supped at his house on the Saturday night, and
seemed on friendly terms. 'rlie decesied paid the
reckoning, amounting so Is. 4d. The time might be
about twelve, nearly, and in an hour and a half after
he heard the rattle sprung.
M. A. Newton, an unfortunate young woman, did
not see Walton put his hands to the pockets of the
deceased. He (the deceased) went out by himself,
and nobody touched him. There was no riot in the
room till a young woman broke a chair. Walton
was not near the deceased all the time. The pito-
ners were in the room before the deceased.
Emma Burford, a witness of the same description,
had gone into the room with the prisoner Walton ;
did not see Downes there; the witness broke the
chair ; all the party were netering.
Upon her re-examination said, she had visited
Walton in prison, and lived with him for come days
before the accident.

Judge PARICE summed op the evidence with strict
impartiality; he pointed out some ditiereisce in the
evidence given by the woman, yet he did not draw a ,
conclusion that their-testimony was invalidated. The
question was, whether the prisoners had attended at
the coffee shop with a wicked feeling operating on
their mind, or whether they had only resorted to that
kind of brutal play that tote frequently tank pldce iu
those houses ? It was necessary that. the Jury shook!
be convinced that the prisoners had been influenced.'
by some wicked malicious design, Irons st.ii:h they
were to derive some profit; fur, undoubtedly, in all
questions of this kind, although he admitted no mo-
tive could justify murder, a Jury would look to
find some motive. According to the evidence of the
girl., their purpose was to take the money uut of his
pocket, but there was some inconsistency in their
statement. if the act was clearly and deliberately
premeditated, it would appear by the evidence, and
in case premeditated malice did not appear. it would
be in favour of the prisoners. Having pointed out
some incoosistency os the evidence, by which it WAS
to be presumed, the deceased, in a slate of strangu-
lation walked from one side of the street to the other,
the Learned Judge observed, the real question was,
, what was the cause of his death ? If he did not come
by his death by strangulation and squeezing, as gawk;
in the indictment, some other cause of death was to
be traced= that came, according to the evidence of
the Surgeon, might Ilse apoplexy. If the surgeon was
not able to speak with positive certainty as to the
cause of death, bat, on the contrary, should say if
might be attributable to an innocent cause; then, ac-
cording to the best principles recognised in the ai-
r:tit:sal law, a Jury would be justified giving the
prisoner the benefit of that innocent cause. The
surgeon had deposed, that he discovesed no masks
of violence by which he could accoulit for the
death of the deceased. Such symptoms as lie dings-
vered would have caused death either by strangula-
tion or suffocation. Seeing the symptoms applied As
much to apoplexy as strangulation, the deceased
might have died from one as well as the other. The
circumstance of one of the prisoners having been
found concealed and.r his bed, did not strictly fur-
nish a presumption of guilt. On the whole, they
would attend strictly to the evidence of the surgeon,
and decide whether the deceased died by apoplexy,
or whether the prisoners sere the cause ut lus death.
There was no question cit manslaughter in the case.
If they bad acted with malice, it, would be nothing
lea than murder ; if they had not, they would stand
acquitted. _ _

The Jury found the prisoners—Not Guilty.
The Learned JUDOZ then addressing thi prisoners,
said—e' Let me caution you, young men; tor ('son's
sake, if you get out of this place, avoid such houses
u you would pestilence. It is disgraceful to find two
young IWO, une of whom is of respectable appear-
ance, passing their time in such receptacles of vice
as these houses are."

Tbs. prisoners were dies detained to be tried fur
the robbery.
_

The following were convicted of felony t—W.
Maims, fur stealing 20 lbs. ut bacon, the property of
W. inggins; SwannerA Jima, for stealing a shift, the
proPerty ot Wm. Hoare ; J. Tyrrell and J. Gamow,
for stealing 80 lbs. weight of tea lead, the property
of Messrs. Smith and Edwards; C. JJ►aan, loi steal-
ing several pairs of shoes, the property of J. Walter;
and J. Johnrop, for stealing a handkerchief from the
person of A. Franealanzs.
Aka Ain was indicted for assaulting Philip Solo-
mon, On the highw4r. and stealing, trum his person
against his will two gold seals and a watch chain.
The prosecutor, a young man, employed as clerk
by Alvssrs. Dearing, foreign merchants, tu Finsbury-

square, was goinl to the post-Ace with letters, on
the evening of the 19th Deceinber last, when the
prisoner and two others attacked hire at the end (a.;
Coleman great ; one pinioned his aims, anolh:r held I
his head, a;;; Ole prisoner threw a handful c•f malt";
face to Nlitl hint ; at the ‘anie instant be (ore
witch chain and seals linsn the probecut,t's
pocket ; they then ran off, anti the pris.inei was
taken by I:ie prosecutor, wh,l ran alter him, crying
st,p thiel :"
He was lo.lnd Guilty-- Death—on the clearest
evidence. Agri 32.