Offence: Killing > manslaughter
Verdict: Guilty > with recommendation
Punishment: Imprisonment > newgate; Miscellaneous > fine
THOMAS PRANCE . Q. Were you in Wilson Street Somerstown on the 10th of September. - A. I was in company with Robert Pag . I saw the prisoner approaching with a waggon loaded with coals, and a woman sitting on the coals, the prisoner was standing on the shafts of the waggon talking to the woman with his back to the horses, there were three horses to the waggon one behind another, the horses were going steady on a walk.
Q. Did you see a child Henry Griffen passing over the road. - A. Mr. Pag informed me, I saw the child fall but I did not see it cross the road, when I first saw the child it was just by the first horse's head. When we saw the child down we halloaed to the waggoner to stop.
Q. Could he have heard you if he had been in a proper situation. - A. No doubt of it, and where he was he might have heard if he had been attentive, we ran towards the waggon to save the child, but we were too late, the fore-wheel of the waggon had gone over the child's ankle just as we came up. The prisoner jumped down immediately, and stopped the horses after it had gone over the child's ankle, the child was taken up and taken to a surgeon immediately. The prisoner behaved with a great deal of contrition, I never saw a man shew more contrition in my life, he said he would make every satisfaction in his power.
ROBERT PAG . I saw the child Henry Griffen fall, he was about half a horses length from the first horses head; as soon as the child fell I cried out immediately and ran after the waggon. If the waggoner had been attentive he might have heard me, and if he had been in his right situation he might have taken the child out of the way, I saw the wheel go over the child's foot, this was between five and six o'clock in the evening. When I first saw the child it was crossing the road before it fell, if it had not fallen it would have got out of the way.
Q. When did the child die. - A. The accident happened on the 10th of September, and the child died on the 24th.
Mr. Knapp. How soon did you see the defendant after the accident happened. - A. The next morning he came to my house, he was going before the magistrate, and he came to go along with me, he said if the child lived he would do all in his power for it, he seemed hurt very much.
Q. Was your child in the habit of running across the road. - A. It would always run out if it could.
Q. When was you sent for. - A. On the morning after the accident, I continued to attend the child until it died, I attended the child from the 11th to the 24th. The mortification suppurated, which is common in these cases, the child did not die of mortification, but from the suppuration that followed it.
COURT. Did you not think of performing amputation. - A. I should have performed it, but a large abcess took place in the thigh, it was so high up it was impossible to perform it.
The prisoner left his defence to his counsel, and called two witnesses, who gave him a humane character.
GUILTY OF MANSLAUGHTER .
The Jury recommended the prisoner to the mercy of the court.
Confined one Month in Newgate , and fined 1 s.