506, 507. RICHARD LINDALL proceedingsdefend and ELIZABETH, the wife of Isaac Pigott < no role > , were indicted for the wilful murder of James Lefevre proceedingsvictim on the 2d of May , that the said Richard with his hands and feet feloniously, wilfully, and of his malice afore-thought, did cast and throw the said James Lefevre < no role > unto and upon the ground, and did strike, beat, and kick, the said James Lefevre < no role > , in and upon the back part of his head, giving to him, the said James, one mortal fracture of the scull of the length of three inches, and of the breadth of two inches, of which he languished until the third day of the same month, and then died; and that the said Elizabeth Pigott proceedingsdefend was present, aiding, helping, abetting, comforting, assisting, and maintaining, the said Richard, the felony and murder in form aforesaid to do and commit .

[ They were charged on the Goroner's Inquisition, with feloniously killing and staying the said James Lefevre < no role > .]

JOHN PEACH < no role > sworn.

What do you know of the death of James Lefevre < no role > ? - I was in the house; it is called Basing-house; I do not know the sign; it is in Kingsland-road , on the left-hand side, a little way from Shoreditch church.

On what day? - The first of May: I was there about eight in the morning: this happened a little after ten. Mr. Lefevre came in a hackney-coach; he changed a guinea, and paid the coachman his fare; he appeared like a gentleman. After he was in the house, he spoke to the landlord, the landlord was very glad to see him: there was a soldier and me in the house when he came in: the landlord and he had something to drink, punch or something of that sort; Mr. Lefevre came and sat down in the box directly opposite me, and said I should drink with him, which I did once or twice.

Did you know him before? - I have seen him before, not to be particularly acquainted; the landlord drank with us; and as he had a shilling's worth, I desired my shilling's worth to be brought; it was, and in came Lindall, the waiter, and his mistress; the deceased was rather in liquor.

What are the two prisoners? - Lindall is the waiter , I believe, and Mrs. Pigott is the landlady : as soon as they came in, they turned about, and saw Lefevre, and she said to her husband, what does that blackguard Lefevre do here? turn him out of the house. He said he should not be turned out, for Mr. Lefevre was rather in liquor, and he would send a man home with him; they directly both replied he should be turned out, and got up to turn him out. The landlord went out first, and the waiter went and seized his master; his master said, will you turn me out of my own house? and he had a struggle with his master. Then the woman went behind her husband, and laid hold of the deceased, and pulled him out of the box, and he fell with his head against the door of the bar, against the hinge or somewhere there abouts.

Was he so drunk, that he fell down as a dead weight, on her pulling him out of the box? - No; he was as able to walk as I am now. I being a stranger, thought the man ill-used, and interfered; the waiter said he would serve every one of us so; on that, the waiter quitted his master, and dragged Mr. Lefevre along the floor, and threw him down the steps into the street. There are, I believe, three stone steps, and a wooden one. I never saw him move after the first fall.

Was he on his legs when he threw him down, or did he drag him along the floor and roll him down? - He rolled him down, I never saw him stir any more. The waiter came back directly and laid hold of the soldier that was in the house and threw him out; he said he would throw me out; I said he should not, if he did he must take the consequence, 'I would strike him; I said I would not be thrown out, I would go out, and I went out, and they flapped the door, and bolted it. I got a coach, and took the deceased home; he lived in Shoreditch; I carried him up stairs and undressed him; I never saw him stir! I went home, and heard no more of it for three or four days.

Cross Examination.

Was you in liquor? - No; I was as sober as I am now.

How was the soldier? - Very sober; else he would have fared the same fate.

Was the landlord sober? - He was rather in liquor.

You say the deceased could walk? - Yes; I saw him walk about the room just before.

Was the deceased desired by the landlady to go out? - He was not desired; she said turn him out! he made no answer at all; she insisted upon his being thrown out.

He made no resistance? - Not the least in the world.

Do you suppose she was strong enough to drag him out of the box and throw him down? - She certainly was, for I saw her do it. There was nobody in the tap-room at the time, but myself, the soldier, and their own servants.

He never got his legs again; the waiter drew him along the floor through the passage, and rolled him down the steps? - Yes.

Did you follow him to the door? - Yes, to the passage door; he threw him out of the other door; I interposed, and he shoved me on one side.

I wonder as you was shoved out of the way and ill-used; you did not knock the fellow down? - I did not like to make any disturbance.

WILLIAM BAGSHAW < no role > sworn.

I am a surgeon; I did not observe any marks of violence on my first going to see the deceased, except the left-arm and left-leg being a little discouloured.

What do you suppose was the cause of his death? - A large fracture in his skull; the back part of his head, which I suppose to be occasioned by a fall, or a stroke, by something blunt, for there was no cut.

Both Not Guilty of Murder, but Guilty of Man-slaughter only . Both B .

Tried by the First Middlesex Jury before Mr. Baron HOTHAM.