The Sun. — 1834-08-04 (London, England)

LITTLEDALE.)  Mary Ann Berry, aged 27, was indicted for the manslaughter of Maria Drake. Mr. CHAMBERS conducted the prosecution, and Mr. DUNBAR the defence. Mrs. Isabella Gardner—On Tuesday, the 24th of June, in the afternoon, witness saw the deceased standing on the top of some rubbish in Mint-square, in the Borough, and saw the prisoner prisoner run to her, up with her fist, and knock her on the side of her head ; the deceased immediately fell, and the prisoner stooped and continued her blows upon the deceased's face and bosom ; she struck about six or eight blows ; her hands went very fast ; the prisoner's husband ran up, put his hands round her waist, and carried her to her father's door, and pushed her in ; in about two Zr three minutes' time the deceased got up ; she died on the Friday morning, at one o'clock. Cross-examined—The prisoner told deceased, if she would come down, she would serve her out ; never heard that deceased died of the cholera ; witness did not strike the prisoner's father-in-law in the face, but the prisoner herself struck him.  Edward Evans, surgeon, examined the body of the deceased ; there were several extensive contusions ; the inner coat of the stomach and the upper part of the intestines were slightly inflamed ; the immediate cause of death was from the slightly inflamed state of the stomach bringing on sickness and bilious diarrhcea, from the unhealthy action of the stomach and bowels ; it might be produced by blows, by the concussion the body received, and by excitement ; could not swear that the state of the stomach was occasioned by blows, but blows and stamping on the soft parts would be sufficient to produce the effect that followed ; bilious diarrhcea very seldom proved mortal, unless there was something to add to it.  Mr. Justice LiTTLEDALE thought the cause of death to be too remote and speculative to convict the prisoner.— Not Guilty.  Thomas Pitson, aged thirty, was indicted for the man. slaughter of Henry Hawes.  an Friday, 10th of July, the prisoner, who was a coalwhipper, was at work near St. Katharine's Dock with the deceased, who was a more powerful and heavier, but older man than himself. They had been previously good friends ; but it appeared that the deceased had been remarkably quarrelsome and desirous of fighting the prisoner during the greater part of the day, and that the prisoner refused to fight, saying he had a large family to work for and mainta:n. They afterwards went into a public-house and drunk some porter. Whilst there William Bickerston, the waiter, gave evidence that the deceased took a halfpenny out of his pocket, and told the prisoner he was determined either to lick or be licked, and that he would fight him for that halfpenny. The prisoner said, if he would have it, he must, and rose. Witness interfered, and got between them, on which they went out, and the deceased struck the prisoner, and the prisoner struck the deceased in the mouth, a pretty hard blow, and he fell with the back of his head on the stones ; the prisoner struck only one blow ; the deceased was the most violent ; the prisoner did not wish to quarrel. Burgess, an officer, saw the blow struck, and the deceased fall ; the prisoner appeared very sorry, and stood still ; he afterwards assisted in carrying deceased into the public-house, and said he would rather have given 5/. than that it should have happened ; the deceased-was not then supposed in danger. _  Other witnesses proved that the prisoner was desirous to avoid fighting, and was a quiet man. The deceased was conveyed to St. Thomas's Hospital in this county, where he shortly afterwards died. Mr. Meymott, the surgeon, stated that the skull was fractured, and that. death was occasioned by the extravasation of blood, caused principally by the laceration of the brain.  This witness was ingeniously cross-examined by Mr. Chambers, with a view to show that the rupture of the vessels which occasioned the collection of blood might have arisen from the deceased's own excitement and exertion ; but he thought not, although he would not positively swear that the fracture caused the death. Mr. Justice LITTLEDALE said if the deceased had struck the prisoner in the public-house, and the blow had been immediately returned, it might have been justifiable homicide ; but the prisoner agreed to fight, and they both went out f)r that purpose. It therefore, was not an act of selfdefence, but amounted to manslaughter. Verdict—Guilty, with a recommendation to mercy. His LORDSHIP sentenced the prisoner to ten days' imprisonment.