The Sun. — 1822-04-20 (London, England)

OLD BAILEY, APRIL 19.  Elijah Gooch, a middle-aged man of decent appearance, was indicted for the wilful murder of Barnard Downes. The circumstances of the case, the investigation of which occupied the Court several hours, were proved by the following witnesses : , George Pepys swore, that he was a waterman on the hack. ney-coach stand at the corner of Vere-street, Oxford-street.— On the morning of the 25th of February, he saw the prisoner driving towards Tyburn-turnpike in a light cart, with nothing in it. He was driving with reins at a fast trot, and witness called out to him, " Hallo ! are you going to run over us? He went on a little way, and then turned back. He was not going very fast at that time ; he stood a short time, and then turned back again towards Tyburn-turnpike. He went quite away, and was gone about an hour and a half, when witness saw him return at full gallop, using his whip all the way , he went. Witness called out to him, " For Gods sake don't go so fast ; you'll be .over somebody.", The prisoner made no answer, but went on still whipping his horse. Witness knew the deceased, who swept the crossing from Bond-street to Verestreet. He was a man much advanced in years. Witness saw the prisoner drive over the deceased, and he did not stop, but continued his course at a furious rate. Witness did, not hear the people call out to the prisoner. John 011ey, a hackney-coachman, swore that he saw the prisoner driving at a full gallop, and whipping his horse under the belly. He called out to him not to go so fast. The deceased, at the moment witness called out, was in the middle of the crossing, going towards the pavement, to get out of the way. He turned sideways, and the shaft of the cart and the shoulders of the horse struck him on the head and sides. The deceased was driven about a yard and a half and fell, and the wheel of the cart driven by the prisoner went over his body. The prisoner immediately whipped on his horse still more furiously, in order to get away, but he was stopped. Wm. Thurston, another coachman, conhrmed the evidence of the foregoing witnesses. The deceased was taken to the Middlesex Hospital. Mr. Sweetman, surgeon to the Middlesex Hospital, remembered the deceased being brought in there on the day in question. His right thigh was broken, and he had received very serious injuries about the head. To these latter injuries the death of the deceased was, in the opinion of the witness, to be attributed. —On the head being opened, a quantity of extravasated blood was found. The prisoner said nothing in defence, but called five witnesses, who gave him a good character for humanity, parental kindness, and industrious habits. The witnesses:also described him to be a very good and careful driver when sober. The Jury found him Guilty of Manslaugnter, but recommended him to mercy, on account of his previous good character. Mr. Justice PARK said that, as at present informed, the case appeared to him to be of a most aggravated nature, and one which called for the most severe punishment the law could inflict. He would, however, most certainly attend to the recommendation of the Jury. It' was perhaps necessary they should know that the Court, as the law now stood, had no power to inflict any punishment beyond imprisonment. The Foreman of the Jury said the recommendation was an individual one. William. Backbutton, a boy of 14., was indicted for assaulting James Newson, a child, on the highway, and taking from his person a sovereign and a tin-box. The boy Newson had been sent to pay the money to a person named Powell, when he was met by the prisoner, who had got acquainted with the fact of his being intrusted with the sovereign, and who took it from him. The -prisoner was found guilty of stealing from the person, but not with force and violence.