The Sun. — 1863-12-07 (London, England)

NORTHERN CIRCUIT.—DURILAM, Dec. 4, (Before Mr. Justice Wightman.) Daniel Downey and Sarah Downey, brother and sister, aged respectively 29 and 27, were indicted for the manslaughter of William Thomas, at Felling, on the night of the 30th of August last.  Mr. Campbell Foster and Mr. Laycock appeared for the prosecution; and Mr. Blackwell defended the prisoners.  It appeared from the opening statement of the counsel for the prosecution, and from the evidence, that a large number of Irish resided at Felling, and between those of them who were Protestants and those of them who were Catholics a bad feeling existed. On the night of the 30th of August the deceased man Wm. Thomas and a friend of his named Fox were talking on some religious question in a loud tone in the streets of Felling, and Fox said " Well, I'm as good a Protestant as anybody. This observation seemed to have attracted notice. They went to the house of a man named 111‘Voy, and had not been long there before several persons came and knocked at the window shutters ; on Fox going out soon after stones were thrown at him, a rush of a number of men was made upon him, and he was knocked down, his head being cut and himself rendered insensible. Among the crowd were the two prisoners, the female prisoner having a poker or coal rake in her hand. The deceased man Thomas then came out of M'Voy's, and shouted to them to "stop that work," and on going up to where Fox was lying bleeding on the ground, said "You unmanly scoundrels, would you murder the man 1' A man named Hagan cried out "By Tasus, we will murder you," and immediately a man named Kelly threw a half brick at him, which appeared to have struck him on the head and knocked him down. Hagan, Kelly, and the two prisoners and others then all rushed at the deceased while he was down and commenced kicking him. Mrs. M'Voy having raised a cry of " Police 1" " Murder I" assistance came, and the two men Fox and Thomas were removed, Thomas to his lodgings. He became sick soon after he was carried home and never spoke after, and died at two o'clock the following day, A post mortem examination of his head showed that there was a severe bruise on the left side of his taped hat head. On opening the skull under this bruise a clot of blood was found, about three ounces in weight, which, pressing '113.0n the brain, had caused his death. There was no direct proof how he came by this blow, but probably it was from th, ha•d ndhedaslet brick thrown by Kelly. Both Kelly and Hagan gtakpeenrsoinnsto who were kicking ni tgwae Thomasconw te had a common was Purpose and design of ill-using him, of which their acts were evidence, it was immaterial whose hand gave the blow which really mused the death of the deceased, for all wereWaahlt s e liable. For the defence it contended that the evidence was not conclusive that the prisoners had done anything to the deceased, and that his death clearly by attributable to the brick kcfluent eutoru p the evidence, flung at carefully him yed Knelly bloiwfisfrLo,m,rdtshheiph,alf bz haviu g ar thof left it to the Jury whether, in their judgment, the death  the deceased was not caused by the half brick thrown by Kelly ; and, secondly, if so, did they think that the two prisoners had a common design with Kelly to kill the deceased, seeing that they had dono nothing till after the half brick was thrown, which probably really caused his death, The jury retired, and, after a short absence, found the prisoners not guilty.