The Sun. — 1844-12-17 (London, England)

COURT—He never said anything about his state or death to me.  the conclusion of the Learned Gentleman's address, the Learned Judge informed the jury that in a case or such vital importance he thought it advisable not to commence the summing up at so late a period of the day, and also that it would be better for them not to enter into the consideration of such a complicated case at a late hour of the night. The Court was then adjourned until nine o'clock on Monday morning.  11 and 3.  From Terrace Pier, Grayesend, at 91, 1, and 5 ; on Sundays at 9i and S. Fares to or from London. Fore Cabin and Second Class Carriage, Ninepence. Saloon and First Class Carriage, On• Shilling. To or from Blackwall. Foro Cabin, Sixpence—Saloon, Ninopenca. Star Office, Gravesend, Nov. 24, 1844.  James Lark, inspector of police—l visited lliFadden on the Tuesday, in the middle of the forenoon. I had a conversation with him before he died. I told him that he would be provided for by the county ; he said, " it is of no use, I shan't want it." I lifted him out of bed, and when he was resting on my shoulder, he said, " It is all up with me." I told him he was se►erely wounded, I believed mortally. He made no reply, but slightly grasped my hand. Cross-examined—Soon after the last conversation I proposed to send for the priest. He said, " That's not of much use." I proposed at the same time to him to make a declaration before:a magistrate. He said, " I have no objection, but not yet." AlTadden was a Roman Catholic.  December 16. Mr. Justice WILLIAMS observed that, in his Opinic;n, the jury had acted wisely in agreeing to the adjournment, as it was not in the nature of things that, after an anxious cl.liberation of 13 or 14 hours, they could investigate fully, and with that care and attention which it required. His Lordship then said, it is clear that a robbery was committed on the night in question in Mrs. Button's barn by some one or other, and that ill'Fadden was watching the premises in the execution of his duty. If the deceased then saw a person or persons come to the premises, and believed that they were there for the purpose of committing a robbery, he was authorised by law, and it was his duty, to endeavour to apprehend the risen ; and if in such attempt he was shot, and died in consequence, then the shooting was undoubtedly murder —of as foul a description as was known to the law, inasmuch as it was the offence of shooting a subordinate minister of the law. The Learned Counsel for the prisoner had very early in the course of his address stated that, although he (Mr. Justice Williams) had admitted statements made by the deceased after a certain period, yet that he had not defined what particular weight was to be attached to them. lie had not done so, considering that a point for their consideration. The admission of such declaration was certainly an exception to the general rule of the law. He had received the declarations of M'Fadden, because from his manner and demeanour it was evident lie was sensible his end was approaching. A dying declaration did not, however, go further than an oath. They next came to the evidence of the girl Batwright, upon which they had been addressed with great ingenuity by the Learned Counsel, in a speech deserving great attention, and the testimony of this woman was certainly of great importance, and the case would depend much upon the degree of credit given to it. The Learned Judge, in conclusion, observed that it was clear on the evidence that an undoubted murder had been committed, and that the serious and important question for their consideration was, whether or not the prisoners at the bar, or either of them, were the persons who committed the murder.  jr4IFE