The Sun. — 1841-09-27 (London, England)

SEPT. 21 The Autumn Circuit vv:,s opened here yesterday, by the Lord Justice Clerk and Lord Mackenzie. John 111'Cullach, ploughman, Wheatpark, parish of St. Evox, was charged with culpable homicide ; having, on the 14th of July last, recklessly thrown a dog into a coalpit, situated on the farm of 'VI heatpark, by which a person of the name of David Steel, who was coming up the pit at the time in a bucket, was precipitated to the bottom, and killed upon the spot. The prisoner pled not guilty. • Robert Harvey, bank man, deposed that on the 14th of July last, the prisoner came to the pit for coals, which were refused, because he had neither money nor his master's line for the same. He had a dog along with him. Pannell, after talking awhile; said he would give any man a gill of whisky that we...ad kill the dog. Witness answered, in jest, that the loest way that he knew to kill the dog was to throw hi:n down the pit. l'sl‘Culloch immediately caught the di-g by the tail, and threw it into the pit. He heard a cry come up the pit before the tub, I which contained one 'man and two boys, reached the top. David Boyd, the oversman was in the tub, and some words passed between him and the pannel, at the pithead, which witness did not hear. About twenty minutes afterwards the dead body of Steele was brought up. It was quite a common thing for workmen in the pit to come Up at all hours of the day. John M.Cal hillsinan, was next interrogated, and corroborated the testimony of the preceding witness regarding the prisoner's coming to the pit for coals, and the sue-gestion that led him to commit the rash act, which, he averred, took place about mid-day. No remark was made when the dog was thrown down ; but he heard two squeels come up the pit a few moments thereafter. The dog did not strike any part of the railing, but went straight down. When the tub came up the pit the oversman who was in it, said a man was knocked down. At the moment the act was committed, pannel came to witness, and caught him by the shoulder, while tears were running down his cheeks ; but he said nothing whatever. Pannel never said that the dog had escaped out of his hands. Witness knew there were men coining up in the bucket at the time by the signal. The dog was about forty or fifty pounds weight. Witness did not think that the prisoner intended to throw the animal down the pit. dtiemceeasaleld,datotlo‘lzy liso, David Boyd, the oversman, then deposed that he, the and twoo bedndy other. He did the tg ii,dvient:e coining u te pit he at the onbyn ootrieknowp ones dh e o whatf n that struck Steel it was and knocked him out till he came to the top. The dog fell into the tub, and was brought up along t with them. The tub was about 12 fathoms from the top, and about 3G from the bottom—the pit being about 4Si fathoms deep. Steel's son was in the tub at the time. lie gave two cries when his father went away from him. The tub was about four feet in length, and nearly twentyfour inches in height. The thing fell straight- on the gone sure enough." Nl`Culloch, man's head ; and witness drew Steel's boy yourt° him, said, ‘, hold your tongue my wee man,afar soma' times .nrto go witness got to the top, came to him, andwi6b,ealhat the dog escaped from his hands. down and get the corpse • but never inet2tuf John Stephenson and D. Canipbell, Esq., s!-aced that WllO 6-a ton, were then examined in exculpation, employment, the prisoner, during the time he was in thefteand a most was of a mild disposition, good to his horses, inestimable servant. verdict, and their The Jury retired to considerreturned,'3,--loUnthamilafter the lapse of some tupe finding the prisonerm to the leniency .. guilty as libelled, but recommending hi of the Court. act which he had committed, sentenced the pannel to three months' imprisonment. The LORD JUSTICE CLEF ____K, after alluding to the rashness and oulpability of the