1. JOHN ETHERINGTON proceedingsdefend was indicted, for that he on the 25th of August last, at the parish of St. Pancras , upon Robert Teasdale proceedingsvictim , a subject of our Sovereign Lord the King, feloniously, wilfully, maliciously, and unlawfully did make an assault, and with a certain sharp instrument feloniously, &c. did strike, stab, and cut the said Robert Teasdale < no role > , in and upon his left thigh, with intent in so doing feloniously, wilfully and of his malice aforethought, to kill and murder the said Robert Teasdale < no role > , against the statute .

SECOND COUNT, The same, only stating the prisoner's intent to be to disable the said Robert Teasdale < no role > .

THIRD COUNT, The same, only stating the prisoner's intent to be, to do the said Robert Teasdale < no role > some grievous bodily harm.

ROBERT TEASDALE < no role > . I was a collector of rates on the 2nd of August last, in Skinner-street, I had a demand upon the prisoner, amounting £4 10s. for rates; he had full time to appeal against the demand if he thought it an imposition. On the 22nd of August I went to levy a distress on the premises of the prisoner. Mr. Fotherby, and his man, went with me, between ten and eleven in the morning; when we got there the prisoner was not at home, his son went and brought him, and we told him that we had got a warrant of distress for £2 5s. for that house. Mr. Fotherby tried to persuade him to settle it; he swore he would not, and seizing a sword which hung-up in the shop, declared he would kill the first man that came in or seized any thing. Mr. Fotherby told the prisoner if he would say "he would pay him again," he would pay the rate for him, and not make any charge for the expences, and he was sure that I did not want any recompence for my trouble, but he would not let Mr. Fotherby pay the rate for him. We staid a long time, and at last was obliged to take an inventory of the goods. I gave him a copy of the inventory. While we were taking the inventory he sent out for some gin, he put the sword down and went into his parlour, as I suppose, to take the gin; when he came out he was very abusive to me. Mr. Fotherby said, we must take the goods away, for it will not be safe to leave them. Mr. Fotherby told me to stop with his man while he went to get an officer and a cart, I remained until he came back-the officer came in with him. The prisoner was there at the time with the sword in his hand. The officer asked me what I did there, I produced my warrant, and the officer endeavoured to persuade him to settle it, and read the warrant to the prisoner; the prisoner swore he would not, for he had appealed and could get no redress, and would defend his property to the last drop of his blood. After waiting sometime, I desired Mr. Fotherby's man to take the goods away, he endeavoured to move them and the prisoner pushed him away. I told the prisoner that it was of no use, for if he would not let the man take them that I must. I went to move some chairs when the prisoner made a thrust at me with this sword(producing it), it was directed to my body.

Q. What part of your body - A. To my belly, I parried it off with my left hand, and it cut me in the thigh. He stabbed me in the thigh.

Q. Did it penetrate your thigh - A. It did.

Q. To any depth - A. No; it just rose the skin. It went through my pantaloons and drawers, penetrated the skin and drew blood; in the scuffle he twisted my finger back, I thought it was broke. The officer took him in charge.

Q. Had he before that day a sufficient opportunity of knowing that you was a collector - A. He had. I had been several times before for the money; he knows me well; I have seen him several times, and knew him as a neighbour; he is very passionate. This was in the year 1815.

Prisoner. Q. Was it not on the 25th that you brought the warrant - A. It was the 24th to the best of my knowledge.

JOHN FOTHERBY. I am a broker, and live in Gray's Inn lane. On the 25th of August, 1815, I went, in company with the last witness, to make a distress in the prisoner's house; I proceeded in the regular way with the distress. The goods were not more than sufficient to pay the amount, with the expences. They were the shop goods that were seized, we did not take any thing that was used by his family. I knew the prisoner before. I offered to pay the money for him if he would say he would pay me again, and charge nothing for my expences, and Teasdale said he would take nothing for his trouble. I told him I must impound the goods, and left him a notice of the place to which I was going to take them. My man laid hold of a chair, and the prisoner thrust him aside. - My man was afraid and would not touch the goods again. Itold Teasdale to take them, and the prisoner made a thrust at Teasdale, and he was wounded. I have known the prisoner seven years; he is rather passionate.

JOHN MOORE < no role > . I was servant to Mr. Fotherby. I went to levy a distress at the prisoner's house with him; the account he has given is correct.

JAMES PAYNE < no role > . I was the constable that year. The account given respecting the wounding by Mr. Fotherby is correct, I was present. The prisoner had a sword in his hand; when I went in I saw the scuffle. I saw the sword in Mr. Teasdale's thigh, and the prisoner had hold of it.

JOHN CRANCH. I live nearly opposite to the prisoner. As I was passing I saw the prisoner with a sword, scuffling with Mr. Teasdale; I rushed forward and seized the sword from the prisoner, and locked it up in my house. I have known the prisoner sometime; I believe he has not been altogether right in his mind since the execution of Holloway and Haggerty, his son was killed in the crowd, and he himself was taken up for dead; since that time I have known him doseveral things which a man would not do if he was in his right mind. I have seen him beat out the brains of a dog as it casually passed along the street. I have also seen him beat his son, who is blind, most cruelly with an iron rod. I also understood that he had a straight waistcoat prepared for him, and that he was deranged. At the time that this offence was committed I saw no difference in him from his usual appearance. I never knew him to be confined as a madman.

Court. Q. At the time this offence was committed what do you suppose to be his state of mind - A. I think if had been in his right mind he would not have committed such an act.

Prisoner's Defence. The present prosecution against me is by Mr. Teasdale. For many years past I have had several persons conspire to cause my ruin, and they have brought several actions against me. Mr. Teasdale said, that if these did not do, he would spend a hundred pounds a year to be my ruin. I had not, before the transaction, seen Mr. Teasdale for a month. When I came in and saw him, I asked him his business, he told me; and I replied, that I had appealed once, and had been rated by spite, and not by the commissioners. The magistrate said, it was not with his consent that I was over rated. I had tendered the money and it was refused. Fotherby asked me the price of the sword, which was the cause of my taking it down; I stuck it in the boards and there I left it. I requested them to leave a man in possession, but they refused. Teasdale was taking the goods away, I said, I would not suffer them to be taken. Mr. Fotherby refused either to take the goods away or to let his man do it. He sent for a constable, but I neither molested one or the other; about an hour after the constable came Teasdale requested him to keep the peace. Teasdale took hold of the chair on which I was leaning with one hand, the other hand being on the sword, which was stuck in the ground; he struck me once or twice, and I caught hold of his finger in my hand: he called to the constable to interfere; the constable requested me to let go the sword, and I let go of the sword and his finger. Teasdale called out he has stabbed me, and requested the constable to take me to Hatton Garden. I went before the magistrate and he bound me over.

MARTHA BAKER < no role > . I lodged with the prisoner, and was present when the scuffle ensued; the prisoner offered to pay what he had been rated at before, in consequence of which Teasdale told Fotherby to seize. The prisoner requested that a man might be left in possession, which was refused. The prisoner was leaning with one hand on the sword and the other on the chair; Teasdale said, let go the chair-the prisoner refused; upon which Teasdale struck him on the ear, and then on his shoulder, in consequence of which the prisoner fell. The prisoner went into the kitchen, and Teasdale pulled the sword out of the ground, immediately fell, and cried out, I am stabbed. I am sure the prisoner was in the kitchen at the time.

Cross-examined by MR. ADOLPHUS. I lodged with the prisoner at that time, but now live in Pellican-court, Drury-lane; I am sure I was present all the time, and saw all that happened.

Q. How came the sword into the shop - A. It was hanging up, and the prisoner, seeing Teasdale resolute, took it down, saying, he would defend his property.

Q. You say the prisoner offered to pay what he had been rated at before: will you swear that he tendered any money-A. I will swear I saw him take out bank-notes.

Q. Did not Fotherby offer to pay it-A. He did, at first; but the prisoner said, no, Fotherby, I have money, and will pay what is just and right, but nothing else.

Q. Then at the time the man was wounded it was quite impossible for the prisoner to do it - A. I saw no wound; he might or he might not be wounded; I am sure the prisoner was in the kitchen.

Court. How long have you known the prisoner - A. About three years.

ANN MEREDITH < no role > . About a year and a half ago I lodged with the prisoner, and was present when Teasdale came into the shop; the prisoner was out, and I sent for him. When he came in he produced the money, saying, he would pay a just and true debt. He said he would immediately pay the rate of 9s. 4 1/2d. in the pound. Teasdale said he was authorized to seize; the prisoner wanted him to leave a man in possession, but he said he would seize immediately. The prisoner took down the sword, saying he would defend his property; Teasdale struck him twice, and was going to strike him again, when the prisoner caught hold of his little finger, and he cried out, I am murdered. The sword was sticking in the ground at the time. The prisoner was very much abused.

Cross-examined by the Court. How long had you lodged there - A. Not two months. I did not see so much as Mrs. Baker; she might see things which I did not. I saw Teasdale give the prisoner three blows.

Q: When was the prisoner knocked down-A. It was the second blow that knocked him down.

Q. < no role > How came the sword there - A. It was hanging-up, and prisoner took it down. I did not hear him say he would defend his property while he had a drop of blood.

Q. Did you hear Teasdale say he was wounded-A. I did.

Q. Was you present all the time - A. I was not.

Q. Did the prisoner stick the sword in the ground - A. He did; and he offered to pay the money three times.

TEASDALE Re-examined. On the oath you have taken,did you strike the prisoner at all - A. I did not; neither did I offer to do it. The prisoner did not tender any money whatever.

Q. Did he put down any note, or say he would pay-it A. He did not; on the contrary, he said he would not pay it, but defend his property to the last. He flourished the sword over my head several times. I am perfectly sure that his hand held the sword at the time I was wounded.

FOTHERBY Re-examined. You stated that you had been friendly disposed towards the prisoner, is it true that he tendered any money - A. He did not; there was no money whatever tendered. He said he would not pay it.

Q. Did he offer to pay any part - A. No; he said he would not pay it. I did not see Teasdale strike him; I must have seen it if he did.

Prisoner. Was there not two chairs standing between us - A. There might be.

Q. Did he not lay hold of the sword while it stuck in the ground - A. I do not recollect it.

Q. Did I not say I had been imposed upon - A. You did.

Q. Did I not offer to pay 9s. 4 1/2d. in the pound. - A. You said you had been used very ill.

Q. Did I not pull my notes out of my pocket and tender them to Teasdale - A. Not while I was present.

Court. Did he offer to pay the money which he considered to be due - A. I do not recollect any such transaction. He said he should pay what was just, but I saw no cash whatever tendered.

Prisoner. Had I not plenty of time while you was in the shop to stab Teasdale, if I had been inclined - A. Certainly you had.

Q. Did I not tender £6 15 - A. I never saw it.

Court. Did you see him flourish the sword at all - A. He did; and said he would defend his property.

Court to JOHN MOORE < no role > . Did you see any money tendered - A. I did not; I was there the whole time; I heard my master offer to pay the money, I am sure none was tendered. I did not see the prisoner knocked down; if he had been struck I must have seen it.

PRIME. I came in as constable; the prisoner desired me to keep the peace. The prisoner was not knocked down while I was there, nor any blows struck. The sword was in the hand of the prisoner.

Prisoner. On Teasdale saying he was stabbed, did you not request me to let loose - A. I did, and you let loose.

NOT GUILTY ,

First Middlesex Jury, before Mr. Baron Richards < no role > .