The Sun. — 1829-01-20 (London, England)

OLD BAILEY.—(THIS DAY.) OLD COURT. Benjamin Barrup,. the young man who was tried on Friday.last for the Wilful murder of Mary Mort-- • lock and acquitted, was this morning again placed at the bar, on a fresh indictment, charging him with tnaliciouslY shooting at the said Mary Mortlock, with intent to do her some grievous bodily harm. Thv prisoner was dressed very differently to what he was on the first trial; he appeared to maintain the same firmness and composure as on the last occasion.  Mr. CRESSIVELL conducted the prosecution, and Mr. CLARKSON appeared for the defence. The evidence was the same as on the former trial.  The prisoner, on being called upon for his.defence, handed in a written paper, in which he declared he bad not the least recollection of the circumstances attending the dreadful affair. His intention was to shoot himself, for his life, of late, had become miserable : to carry this resolution into effect, he drank more than usual, that he might possess sufficient courage. With the unfortunate deceased he was on the most friendly terms, and  [ever quarrelled with her; the thought of depriving her of life had never once entered his imagination.-He trusted the Jury would take a favourable view of  is case.  Mr. CLARKSON' then called William Pearson, a journeyman tailor, who stated that he had known the prisoner for two years; for the last few months witness thought he had shown considerable symptoms of a disordered mind : he bad on one occasion attempted to destroy himself. On the day this lamentable transaction teak place, witness dined with the prisoner; his conduct on that day was most extraordinary : he talked in a wild incoherent manner, he told witness he had been reading in the newspapers that a gentleman had shot himself in Hyde Park, and said, " do you think if I was to shOot myself the newspapers would call me a respectably dressed gentleman ?" Witness always considered him' to be a good-natured kind-hearted young man : he drank more than lie was accustomed to do en the day of the accident. Two other witnesses deposed to certain facts tending to show that the prisoner was at times in a disordered state of mind ; he used very frequently to say that he was tired of life, and would shoot himself. The prisoner had been drinking on the night in question, but not sufficient to make him drunk. Mr. Justice PARK summed up the case at very great length. His Lordship said the prisoner was indicted under an Act of Parliament passed during the last Sessions, which enacted that any person who should unlawfully shoot at, or draw the trigger, or in any other manner attempt to discharge a gun or pistol, with latent to murder or do any bodily harm, should be deemed guilty of a capital felony. This Act in part altered what is generally called Lord Ellenborough's Act, which did not make the offence with which the prisoner was charged a capital crime; that Act only included persons that attempted to destroy life, with a sharp instrument. Before the passing of Lord Ellenborough's Act, about thirty years ago, if death did not ensue no person could be indicted capitally. His Lordship then made some remarks on the-attempt of the witnesses to prove the prisoner was intoxicated ; but even if he was, it was no excuse in law; drunkenness never could be pleaded in extenuation of un offence, it generally aggravated it. The Jury consulted for a short time in the box,' and after an absence of two hours they returned into Court with a verdict of Guilty. Mr. Justice