The Sun. — 1824-08-07 (London, England)

LEE.) henry Lindsell was indicted for having assaulted Thomas Whitby, on the 10th of April, at Shelford, and having, inflicted a wound upon him there with a knife, which occasioned his death. The Coroner in this case had returned a verdict that Lindsell acted in his own defence ; but he was subsequently committed to prison by two Magistrates on a charge of wilful murder. The Grand Jury now found one bill against him for manslaughter, and a second for au assault upon a man named Wm. Shearing. It appeared from the statement of the witnesses for the prosecution in the course elan immense mass of rather unintelligible evidence, that Lindsell on the night of the 10th of April had stopped with a horse and cart at a pnbllc.house called the Three Horse Shoes, in little Shelford. When he came to this house he was something fresh, having before been drinking at a public-house called The Prince Regent; and while lie stayed at the Three Horse Shoes, he was observed by a person who held the horse, to come out of the house once, tucking a knife up his sleeve. M the end of about three quarters of an hour, Lindsell came out of the public-house (the Three Horse Shoes) a second time, in company with Thos. NVhitby, the man who was afterwards killed. Lindsell (as it was alleged) asked Whitby to go with him on his way to Great Shel. ford, to which the latter agreed ; and they started, followed by Joseph and Wm. Shearing. The remainder of the case rested chiefly upon the evidence of Joseph Shearing, who said that when the party had proceeded a short distance on the road, little past Sir Charles Wall's house, he saw Lindsell knock Whitby down. It was at that time that the mortal wound was given ; and Lindsell ran away, crying" murder." The death of Whitby was further proved from the wound that he received ; and it appeared that before he died he made a declaration that Lindsell assaulted him, unprovoked, and struck him with some sharp instrument. In his defence, Lindsell declared that Whitby and the Shearings had surrounded him in Little Shelford, and had insisted on his treating them with beer, which he did in order to get rid of them. He wanted to get a constable 4 and asked the landlord .of the " Three Horse Shoes" where there was one; but the landlord told him shortly that" they wanted no constable there." When prisoner started for Great Shelford, the witnesses (Shear. ing) and Whitby still kept near him ; and he heard them say to each other, " Ile shan't pass : d—n his eyes, we will do for him to.night." At this time Whitby and the Shearings were beihre him ; and on his attempting to pass, the deceased seized his horse, and turned the animal round Joseph Shearing at the same time knocked the prisoner out of his cart, and stopped the horse. William Shearing then came up with a knife in his .hand ; prisoner knocked him down ; and a general scuffle en. sued, to the particulars of which he could not speak. The material question in this case seemed to be, whether or not the Slicaiings and Whitby had really committed or meditated any assault upon Lindsell ; and to prove that they had entertained such an intention, three young women (servants of Sir Charles Wall) were called on the part of Lindsell. These witnesses swore, that about 12 o'clock on the night of the 10th of April, they saw two men on the road before their master's house; these men afterwards, skulked along under the paling as if they wished to hide themselves ' • they (witnesses) looked out of the window (two of them), and heard one of the men say, " He's coming now, d—m him, we will do for him." A cart then passed by, and both the men sprang after it. Presenfir witnesses heard some one cry " Do you mean to murder me ? ' er, " Are you come after me to murder me ?" Afterwards there was a noise and scuffling, and one man seemed to be knocked down. It was a moonlight night on the 10th of April; but not so light as that the persons of any of the men could be identified. The Jury, after retiring for about 10 minutes, returned a verdict of acquittal in favour of Lindsell; and after this verdict, the second Indictment, for the assault upon William Shearitg, was not proceeded in. •  CHELMSFORD, Ay°. 5.