The Statesman.
London, England, 1821-09-18 00:00:00

WICKLOW AS,

'ES.

John Carty was indictee capitally. ist, indictment
for burglary. 2d, for assaulting the dwelling-bouso
Of J. Needham. 3d, an assault on John Needham,

• John Needham stated that on the 9th of June last,
at two o'clock in the morning, four men came to his
Iroise ; they broke open the door . and two of them
entered; they retired and fired a shot in the horse;
entered again and beat him severely; he saw Carty iu
the yard and knew him, but none of the Others.
Cross-exainined by Mr. R. N. BENNEIT.—ft use
light enough to see him, it was moon light; knew
Carty perfectly well, he lived a quarter of a mile from
witness ; sever offered to give up prosecution if he
got 3/. does not know hie daughter was with the men
who beat him; no injury was done by the shot.
DgligNCE.—Elisa Byrne swore the prisoner slept in
her house the night Needham was beat; she saw hiui
go to bed and rile in the morning.
Mr. W. Laurence and Mr. W. Keogh gave the pri!
soner a good character.
Judge FLE•rcusa charged the Jury; if they be-
lieved Needham, the offences laid in the indictment
were established, and however painful their duty, they
were boned to convict the prisoner, and he cautioned
then) against adopting a practice too frequent with
Jurors--that is, some of them finding a vernier of
guilty on a compromise with the others to recommend
to Mercy; and he assured them that if they slmOuld re-
commend, he would not take notice of it, nor aid in
recommending the prisoner, as there appeared nothing
to impeach the testimony of Needba:u.
Itihen the Jury retired and remained for some time,
Mr. BkNNSTT submitted to his Lordship, as this
was now become a serious case, that on consideration
be felt It his duty to tall his Lordship's attention to
the indictment, and to submit that there was no evi-
dence to snetain any of them. The first was burglary ;
and to establish that offence in point of law, the break
ing must be done with ate/enjoys intent, and here the
intent wag only to commit an assault; there was a far-
ther objection to this indictment on the evidence;. on
the 9th of June it is day light at two o'clock, and if it
be so light that the form of a man may be distinguished,
burglary cannot be committed. As to ►he second in-
dictment; for assaulting the dwelling•houie of the pro-
secutor, Mr. Bennett said. that evidence should b•
given that the district in which the offence was al-
leged to hate been committed was disturbed before
such act could amount to a capital felony ; no such evi•
deuce had been given in support of the indictment.
And as to the third indictment, there was no evidenca
that the prisoner entered the homiest where the assault
was alleged to have been committed.
Mr. Justice ?Laren ea observed, that as to time hitt
indictment, he coneidered that the breaking into the
house was evidence of the intention to do the act.
which constituted the legal offence of burglary, and as
to the lime that the witness said he was able to
know the prisoner by moon tight.
. Mr. BENNET contended that at the hour of two
o'clock there was sacieut day fight for the Jury to
presume it was by that light prisoner's face was
known, and produced an &hummock, from which it ap-
peared that the ninon had set that night 20 minutes
after 12 o'clock. Mr. H. referred to several cases to
prove the poi nta.b. relied es.
Hie Lordship was pleased "tio pity ,handatie attention
to those points, and said he would require the assist-
ance of Judge Moore, and Sent to require his assist--
once. His Lordship immediately came into the Crown
Court; and after a consultation, their Lordships ruled
the points ih favour of the prisoner, and sent for the
Jury who said they had foind the prisoder guilty on
the indictments; but the Learned Judge would nut re-
ceive the verdict, and told the Jury that the point"
made at the bar for the prisoner were good in point of
law, and they must acquit the prisoner ou all the in-
dictment's. The Jury retired, and after remaining a
coneiderable time, were sent for, and leturned a tree-
diet of Not Geilty..
This trial excited great interest, and the Court was
much crowded.

'On Friday, at twelve o'clock, a butcher of Birming"
ham, of the name of Thomas Smith, undertook to rides
a spavined horse, for which he had given between *is.
and seven patina, frOm the Market-place to Daveotry,
a distance of about 39 miles, in three hours, for a wit;.
ger of 20 guinea's, which he performed in two houii
and 29 Minutes. Ho baited nearly an hoar. When for
another wager of 10 gnineai to return by nine o'clock,
he set off, find reached the Lion and Lamb, in High-
street, by half-past eight, performing nearly ttO mile's,
including stoppages, Within nine hours.
AY EiTRAORDINARi RISUiCITATION....-00 Satur-
day afternoon, a boy about four years old, named
Charles Rawion, son of a sailor; had the misforttine to
fall into a pit belonging td the PeicOck-inn, Boston.
He is supposed to have been in the water about a
quarter of an hour, during which time it was said that
his held *as entirely immersed, bat iitoi his whola
Leidy. After he was removed, three quarters of an
hour elapied Wore any medical assistance could. be
obtained. At length Dr. Crane was found, but he was
not able to discover ady signs of life, except some de-
gree of warmth, Which he thought indicated a proba-
bility that animation might be restored. With that
view, the dotter ordered the child to be placid in a
warm bed : and until that could be proilded, be at-
tempted to renew respiration by an artificial method of
inflating the lungs, aided by friction of the extremi-
ties and upon the region of the beta. In a short time
ari obscure motion of this organ was tboosks so ho
evident to the touch: this was doom followed by paha-
tien of the wristi. The boy wis then put into beli„
and, upon a gentle itimului being given to him, he in
a few minutes opened his eyes, and with a lend shriek
idled a copious flow Olean; and was restored to his
anxioni mother, who was present during the whole of
the agoniting scette.---(Cembridge paper.)
A most diitreising accident occurred on Wedoesdsy
last, at Bonnyrigg, near Lasawade. A cart had
stopped At the door of Mr. John Welsh, shopkeeper
there, and when it was setting off again, a child of Mr.
Welsh, shout 22 months oW, Was discovered to be jaLt
before the wheel as the horse began to move. No one
could reach the horse's head in time to stop him, ansl
the frantic father laid bold of the wheel to prevent
it if possible from crushing his child; but this was
beyond his strength, and the flick innocent was killed
on the spot.
The Trifa4nr, of Swink* &Van, laden with oop.
per, founder pd in Roseley Bay, neat Swamis, on WA
aeolty morning: crew rood.

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