OLD BAILEY, Friday, Sept....
Pef6Ore 1Mr. JNStiCS GASELEE an,d a London JuryS. Jolui HlrsCy was capitallv indicted for the murder of Mlichael Delaney, in Jurne, 183. Alr. ADREWVS stated the case for the prosecution, and called Thomas Delaney, bro.ber to the deceased. He deposed that hc lodged with his brother in the prisoner's hoase inClotbfair. On the 15th of June in last year, after witness was in bed, he heard a noise below, upon which be got up and went to the landing-place, whence he saw the prisoner anrd his wife fighting with his brother. AXhen witness wvent down stairs the prisoner knocked him down.. The deceased was carried up stairs by a. man of the name of Gau- non, and witness followed them very soon after. He persuaded his brother to go to bed, and the latter had begun to undress, when a knocking was heard at the door; and on its being opened, Hussey entered with a hammer in his hand, and struck the deeeased on the left side ofhis hcad. The prisoner afterwatds made a blow at the writ. ness with the hammer; thev then struggled for nearly ten mi- nutes, after wuich witness was giveR by the prisoner into the eus todv of the watchmien, and taken to the Cotmpter. On his cross-examination, he denied thst he had ever said, "I don't lnow whether HuhSeV struck muy brother first, btut I will swear that he did, for I think it no harm to be revenged on him." He never said to a person of the name of Conwry, that if Hussey would give him 1M1., be would go out of the way-untlu after the trial. John Gannon, a labourer, lodged in the same house with the de- ceased; rememberedl the disturbance which took place after he was in bed. At 4 o'clock in the morning he saw the prisoner and his wife, the deceased,and his brother. fighlting and mauling one aReether. The prisoner's wife sur.g eot to witiess to take the deceasca up Stairs to prevent his quarrelling. rVitLess laid hold of the de- ceased and his brother, and with great diffiulciv got themn up to the first landing-place, where Thomas Delaney broke awaY from him. lThomas Delaney here exdlaimed that 'tbe witrpcss was swearing falsely. The Judge directed him to be taken away, and to be kept seoarate irom the other witnesses.] The witness went on and said, that upon getting the L,eceased up stairs, he swore he vwould not go to bed before he was rev enged on. Husseev. His brother afterwards came uo stairs; a few nLinutcss nfterwards the door was brooLn open, and Hassey came in. Saw th;e deceased on the ground, but does not know how he caae there. Tom Dlleaney ane liusey were scufling. The watchmen afterwaads took away Elussey and To:n Deianey, and witness immnediately left the house. Cross-examined.-None of the parLies were sober. Wihen the deceased said he would be revenged, he had an ioon rod in his hand. The rod was three feet long, and as thick as a man's finger. When witness went down stairs,he saw the prisoner bleeding,and ex- hibiting the appearance of having been ill-treated. Could not say whether the deceased had the red in his hand whea Hussey entcred his room. The watchman and the constablcof the night proved the circum- stances ot the disturbance in the prisoner's house, and the t.7ling T. Delaney to the Compter. Mr. Stafford, a house surgeon of St. Bartholomew's Hospital. proved that the death of the deeeased was occasioned by an inflm- mationfthebrain, the consequence of a fracture of the skull, pro- durced by a a iolent blow. The prisoner made no defence, but called severalVwitnesses, whe, gave h lm acharacter for humanity and an inoffensive temper. - MU.Justice GASELR.E sunedu, and said thatzalthouffltlt waa seriou case of manslaughter1 the cvlden_= w&S.Iot s5piFetht X marae out the charge of rduiaer againt the prisofnr- TheJury immediately icquitetefftbe Prpdfi9"fre ..nnrer,an MTVn azrf ieae in ekky tat-h pr en the ?0th iAugaust lit. It. Np2e5iend ihn thevjdjsc, .thsi-hb d tics met at a pub n ic- endho when -ItI e dee ased left the prLsoner toWiL 4 h Ii.tiis t.selatrW62A1gd thetiou; e. He s folowed thc deceased; wh eaqngd .~~~~~~~~~as i.asuseAd. Dec_t<easdte I struckhitiin ?j atalblo'ws, and at length eosrpel.led W epzsnC be on te deensie- n th couse f3t~ ght.hicitd101lried, &rtterd ieeeted bow itch noked hnt ow.: His-head caiue w'ith t~ari5d &tb spie wheeit Motgvztbrdk. v - eevi~d, nndthe dencebf.esIigeolt. vzatt'erjded the deceasedfiIt sdEiieTltIy"establistlg thiefaect ti4at tbe jukes su?sta4ifCdd b were t1be pw~ciir.adni ca>e of h1e .vat- xe,tu.rfed.aIverdlct vF OLD BAILEY._Friay, Sept. 17.