The Sun. — 1823-07-23 (London, England)

HULLOCK. Joseph Garrett, a fanner and' butcher at lirestbromwich, in respectable circumstances of life, was indicted for manslaughter, in killing Isaac Whitehouse, by forcing kith into the canal. _ _  It appeared from the evidence-of the two principal witnesses for the prosecution, named Lawrence and Horton, that on the 13th of March last, the deceased,' who was an old man of 70, climbed over a rail into a field of the prisoner, to cut off an angle, and so to shorten his journey. The prisoner saw him, pursued him, and overtook him as he had just reached the rail at the opposite side of the inclosure. There he shook him violently, and in the struggle forced him over the rail upon a towing path of six or eight feet wide, which lay between the fence and the canal. He then shook him again on the towing path, and at length forced him into the-water. While he was there, Garrett called to Horton, to come and 4lke the old man out, but Horton refused, saying, " He had business of his own to attend, and as Garrett had put him in,' he must bring him out himself." Lawrence came in a boat to his assistance, ano in three or four minutes he was taken on the shore, but he w  then dead. When found, he still grasped a bundle of provisions which he held in his hand.  The • • prisoner,- b • eing called on for his defence, stated that he should have gone into the Water to the assistance of the deceased, had he not been unable to swim.' Mr. WINTER, _the prisoner's Counsel, called a girl of 13 years of age; named Prudence Cartwright, who was present at the time; and who swore that Garrett never crossed the rail till Whitehouse was in the water, and that the deceased fell in sideways, after staggering from the grasp of the prisoner, so that his death was really accidental. On her cross-examination by Mr. RSCILARDS, the witness denied that she had ever said to Lawrence, or to persons named Baker, Sedggeley, and Squires, " Garret has pushed old Toby into the water ;" or " The old man got over the rail; Garrett caught him and shook him ; he got over the rail after him, and shook him again, and pushed 'inn into .the water. The old man called out, Have mercy, Mr. Garrett, and take me out;' and Garrett said, Now you will remember trespassing."' • To confirm the testimony of thit witness Charles Bebb was called, who agreed with her in asserting that Garrett did not push the deceased into the water, but differed inasmuch as he stated that Garrett did pass the rail, and that there was a struggle 'on the footpath. . To. discredit Prudence Cartwright, Lawrence' Sedgeley, Baker, and Squires 'were called, who swore that she used the expressions which she had denied on her cross-examination. Two respectable neighbours of the prisoner were called, who gave him an excellent character. Mr. Baron IItrLLOcK summed 'up the evidence, and left the 'Jury to decide, on the conflicting testimony, whether the death of Whitehouse arose from' accident or from the act of the prisoner. The Jury, after some deliberation, returned-a verdict of Guilty. Mr. Baron'llum.ocx addressed the prisoner, in terms of severe admonition, declaring. that the verdict met with his entire coneurrence, and that the offence differed very slightly froth that of murder..' He sentenced him. to be imprisoned in the cotinty jail for nine calendar months, in addition to three months during which he has been in custody. The capital convicts, William Bibb, for highway robbery, and Thomas Poyser apd William Toyser, for horse-stealing, were placed at the bar, and sentence of death recorded against them. As the sentence was not formally passed, it will not, of course, be carried into execution. In the Nisi Prius Court, Mr. Justice PARR was occupied  the whole day in trying two special jury causes, one a question of bankruptcy, and the other of boundary, ,neither of which bad any public interest.