The Sun. — 1851-05-22 (London, England)

MARYLEBONE. which brought home the serious offence to more than Yesterday Peter Fisher, an omnibus 'instance of three of them, namely, Cane, Hickey, and M'Ellyott. charged before Mr. Broughton, at thßeeinasi aSociety Against these, however, there was in his (Mr. Bodkin's) Mr. Henry Thomas, Secretary to the y with the opinion, sufficient to place them on their for the Prevention of Cruelty to Animals, trial on the charge of murder. It was perfectly clear following misconduct:— in 1 from the statement of the witnesses, that there were he was on duty Lock, 660 A, deposed that asa greater number of persons, if not assisting in the defendant driving his Bayswater-road, he saw the murder, at least present when the outrage was comre from thirty to omnibus towards town. Thertehewveehicle, the springs mitted, than those whose names he had mentioned, forty passengers in and upon of the and though there could be as little doubt that broke in consequence 'Ellyott, of which at length others at the bar, besides Hickey, Cane, and M . came to a complet© inbut load, and the horses received his fatal the defendant flogged them,when the 'were present deceased . . kind stand-still, upon which duties, no information or communication of any as they were unable to draw but all to no purpose, had reached the police from any of them. the omnibus along.near-side The horse in particu- s ect to two of the prisoners, Barrington and Lynn, relay was lashed in a most violent and scandalous he had some additional evidence to offer, and after ofpersons manner, and a number so, e further at the spot cried out "Shame." I remand. Mr. BaouanTori—liow long did the whipping ; The Learned Counsel here called Sergeant Thomas  Gosford, 107 L, who deposed that the prisoner Lynn had heal left in his care ; after he had been taken into the cell, and while sitting with him, he asked him if he had been at the raffle at the White Lion publichouse, on the night before, and he replied that he had. He next inquired if he had left the White Lion with the other prisoners, who were there, and he said he did, but added, that he had gone before them with a young woman, down Vauxhall-walk, and parted with her in Lambeth-walk, and that on his return be saw the policeman lying dead. Mr. Neill here complained of the conduct of the sergeant in putting these questions to the prisoner, without giving him the slightest caution, or any intimation that the answers he should give would be used against him elsewhere. Thomas Jones, a shoemaker, was here sworn, and stated that on Monday morning, the ith instant, he was locked up in one of the cells connected with the court, on a charge of making away with a pair of boot-uppers belonging to his employer, when the prisoner Harrington was brought in and locked up with him. Soon after he heard him say that if he had tb,e clinker in his hand he would split the policeman head into pieces. In reply to the questions of the Magistrate, the witness said, that it was about nine o'clock in the morning that those assertions were made by th 3 prisoner, who was lying on one of the seats at the time, but not asleep. In reply to a question as to how often he had been in prison, he declared that he bad never been locked up before the morning in question. Mr. Games applied for the discharge of Febeit William Burke, Shanahan, and Slattery, againiit whom, he contended, there was not a tittle of evidence.  Mr. Neill also applied for the discharge of Thomas Burke, Lynn, and Harrington, and said that against the former two there was no evidence whatever, and that, notwithstanding the strange evidence given .11 the shoemaker against the latter, there was nothing to justify his further detention. Mr. ELLIOTT remarked that in a charge so serious as the present he felt it to be his duty to remand the whole of the prisoners, to give the officers engsged.ln the case sufficient time to make all the necessary ul' quiries, and get up the evidence ; but after the statements that had been made, and the evidence given, be did not consider that he should be justified in detain' ing any of the prisoners besides Cane, Hickey, and M'Ellyott, against whom the evidence was sufficiently strong to send them for trial on the charge of murder. Harrington he should also remand to 0 future day with the other three prisoners, and all the others should be discharged. The court, during the investigation, was much crowded.