The Sun. — 1826-09-16 (London, England)

BRODERICK.—Did not hear the prisoner say that-it was impossible his wife could he, dead when he surrendered himself. Will not swear that he did not, say so. • .lane Cousins lived next door to the prisoner. Saw him on the morning of the murder with a bundle in his apron: Saw the deceased in Hammersmith, but could not say at what time either of them came home. Saw her between five and six o'clock a little intoxicated. They lived on good terms when she was sober, but she was much addicted to drinking. Mr.' Russell recalled.—Deceased told him that she had been knocked down by her husbaud, and that he had knelt upo'n her while on the ground. Kneeling upon her was not likely to produce that effect, if the bladder had not been distended.  This closed the case for the prosecution. Mr. BRODERICK now submiLed that there was no proof that the woman who died in the hospital and the woman who was beaten were the same person. Mr. Justice GASELEE said that the question of identity must go to the Jury. The prisoner declared before God that the deceased fell in a fit of intoxication, and that he never struck her or bore her any ill-will or malice whatsoever. The following witnesses were then called for the defence :  Ann MaSeri saw the deceased .three times cm the day in question ; lived next rdoor to her; the second time she saw her she was very forward in liquor, and in the evening she was qUite tipsy. Thomas Denman, a market gardener, employed the prisoner during the last four years, arid he was the quietest Man he ever had in his employ ; knew the deceased, and she was a drunken woman.  Mr. Fielder, churchwarden, Mr. Rutt, and several other respectable persons, gave the prisoner the character of being a quiet, inoffenslve man. Mr. Justice GASELER then charged the Jury. Verdict  —Nat Guilty. Mr. Justice GASEILEE asked them if they returned that verdict generally, and if they meant to acquit the prisoner of mansTanghter as well as of murder. The Jury, after a short consultation, requested to retire to consult of their verdict. Upon their return to the Court they returned a verdict of--Not Gut  (Before the RECORDER anti a London Jury.)  John Shaks, whose case was postponed from last even, _ .  ing, was again put to the bar, being indicted for being at arge within this kingdom, after having been sentenced to ransportation for life to New South Wales. • Mr. ADOLPHUS stated the ease for the prosecution. John Stafford, Esq., produced a certificated abstract of  the record of the conviction capitally of the prisoner. Jeremiah Herbert took the prisoner into custody on the 3d of July, at the White Hart, Fetter-lane, believing him, to he a runaway convict. John Johnson, keeper of the Castle at Norwich, remembered receiving the prisoner into custody in July, 1813. Mr. ALLEY objected' to this evidence, because the witness merely spoke from a perusal of a book, namely, the. Gaol Journal, which he himself kept at that time. He had not refreshed, he had again created his memory. The RECORDER said, that if the precise date were ,necessary, it must have been shown by legal evidence. But the defect in that case could not invalidate the positive recollection of the gaoler as to the holding of the prisoner in custody. Examination resumed—Witness remembered his arraignment, conviction, and sentence.  John Crowley, yemembered seeing the prisoner at Sydner, in. New South Wales. • Witness was steward of the ship Harvey, and the prisoner worked as a carpenter on board, being then an emancipated convict. The prisoner was seereted'in the hold till they got out to sea. Cross-examined by Mr. Bnongutcx--There was a fracas on board. Witness was displaced and the prisoner appointed to fill his situation. There was a placard on board respecting the escape of Shales. This was the case for the prosecution. Mr. ALLEY, for the defence, called Beach,. the Captain of the Harvey, who had read in the newspapers an account of what hid taken place in the Court yesterday. lie would not believe the last witness upon his oath. He recollect; putting the prisoner in the situation, and he conducted himself very properly. • Crass-examined .by Mr.