Old Bailey Monday, June 7...
tl,e prisoner in this case had been covvicted at a fortner srstion of a burgliry, but judgment was respited for the opinion of the Judges as towhetier the circumstanceswarranted tho conviction, the indict. ment charging him with breaking and entering the dwelling-house of Richard Ryan, whereas it appeared that Ryan only rented the ShOp and another room for 801., a person named Choice renting the remainder for lODL, both of tbe samelandlord and that the pri. soner had only broken open the shop in which no one slept, Ryan sleeping in the other apartment. Mr.Justice BAYLEY now (1elivered the opiniortoF the Judges that the conviction was right. If the landloid slept in any part of the house, then everv room in it shouild be laid as his ; but as he did not, the pare where theWoalnce ws committed vas properly described as the tenant's dwellin.-house; nor was it necessary to constitute thc offence that anv body slept in the shop. It had also been held that a burglary might be committed without breaking an outer door, as in the case of a servant who slep: in the house breaking into another room-Conviction confirmed. THE KING V. JAMIES WALSH. Judgment was also respited from a former session, for the opinion of the Judges in this case. Theprisoner was convicted of stealinga leathemn bag, and the question was, had there been a sufficient car- I rying away ? The bag lay at the bottom of the boot of the Exeter mail. The prisoner, who was on the dickey, had taken hold of the upperpart of the bag, and raised it fron, the bottom of the boot. He then gave the top of it to a man standing beside the wheel on the pavement, and they were both in the act of pUlling at it when they were detected. .lr. Justice BAYLEY, in delivering judgment, said, that it was clearly laid down, that where the article was altogether removed from where it lay, though 'twere but for half a moment, the offence was comnpleted. ~ Nowxv, if the bag were raised one inch from the bot. tom of the boot, no Fart of it, while it was so raised, occunied the same space as before- it was, therefore. suficiently removed to constitute the offence. IUr. .hestice Lawrence, who was es- teemed an excellent Crown lawyer, held, in the case of " The King v. Vane," that where the prisoner had thrust his hand into the prosecutor's pocket, caught hold of his pocket-book, raised it from thebottom of his pocket, butbeirg obsetveddroppeditagain, the crime was completed. Conviction confirmed. Sentence wiU be pronounced in both cases at the end of the session. 2efore t[I CoXMsoX SFsIGEANT. James Tl0onas Boycewas indicted for malicinuslyand unlawfully, with n certain sharp instrument called a crow-bar, cutting and maim- ing John Fishburne, with intent either to murder nim, to disable him, or to do him some grievous bodily harm. It appeared that the prosecutvor, who is a watchman of St. Bride's parish, vhen going his rounds at a late hour on the night of Sa- turday, thelO0th ofApril, observed the door of Mr. Richardson's shop in FIeet-narket unfastened; and on entering it, he found the prisoner and another man there. As soon as he got in, the door was fastened upon him, and when he asked whatthev were doing,theprisoner struck imm, which hereturned, but wask ocked down. The prisoner's com- panion in the mean time effected his escape. As soon as the prosecu- ,or got upon his legs, the pri'oner, who had seized a crowv-bar, swore he would "serve him out." and struck him several blows on the head and arm. At first his hat protected hiwm; but that falling off, and the prisoner striking him with the point of the crow-bar, he ce- ceived a cut on the forehead an inch and a-half long, which laid the bone bare; and also a cut, but much slighter, on the arm. He was stunned for a moment, but, on coming to himself, he called out for merev. The prisoner then bade him sit down upon a seat, and, en- joining him at his peril not to stir, he made off. The prosecutor, however, instantly pursued, and sprung his rattle; and other watchmen joining in the pursuit the prisoner was secured and conveyed to the watch-house. 'Upoa searching, him 13s. 2&d. and a . axen taper were found on his person. When lockng up his shop on that evening, Ir. Richardson left 13s. and some half-penscin his till. Oni examining his shop on Mionday morning, the money was goae; a lantern, and a small crow-bar, were discovered on the floor; and a hole was perceivecl in the wall, between it and the linendraper's shop next door. The hole was not through the wall; only a brick or two having been kviocked out. I Besides the small croe-bar found on Alonday, a lareer one with which the prosecutor had been struck was found in the shop that night by one of the watchmen. The COM31oN SERGEANT, in summing uptthe evidence, told the jury that they were to consider, first whether the prisoner had mali- ciously and unlawfully cut the prosecutor. Now. if lie (prisoner) was engaged at the time in comnmitting a felony, and in the p)rosecution of such parpose he intentionally wounded any person who interrupted him, and if the party so wounded wecre to die of that wound, the prisoxer would have clearly been guilty of tnurder. A.nd, wherever the circumstances rendered a mortal wound vnurder they rendered a cutting or maiming a capital offence under the statute, provided (and this would be their next consideration) such cutting or maiminlg was ef- fectc4 with an intent to rmurder, to disable, or to do the prosecutor some grievous bodily harnm. The jury, after a f'ew minutes' deliberation, returned the following inconsistentverdict :-" Guilty of cutting and maiming the watchman with intent to disable him, to allow himself an opportunity of as- caping; but we lhave no proof of a robbery.' Being directed to reconsider their verdict, they returned the fol- lowing, which is tantamount to a verdict of guilty :-" UWe find that prisoner was there with intemrtto rob, and that he is guilty of cutting and maiming with intent to disable the watchman, to allow him to effbct his own escape." The prisoner Js also indicted for the burglary, hut that stands over for tht present.- OLD BAILEY MoNDAY, JuDvi7. TTLE XING V. JOfIIJ tAYt.PV'.