The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-13 00:00:00

AN UNFORTUNATE OCCURRENCE.

At the Lewes Asia, s, If:chard Darrell aed lat.§ Lueee,
twe Aug meu of re prefab., appe .rea,r, were liadtewd for
the menelatight. f wdter uAbb., Chlch• der, un the
20t1ieut o,tutler I rt

The affair out of which the death of the unfortunate
deceased sauce, occurred on the occesion of the aroma'
Chichester Saturlielia, called Sioe Fair. The deceased,
In company with several of his eel:mores, was at Sloe
Fair till au advanced hour, and there was very little
doubt ell of this party were more or lees the 'twee for
liquor. At about eleven o'cloek on the twee night,
they all, on their return home, went to a publi house,
%lied the " Richmohd Arms," near a leo in or reservoir,
where a canal conlin. neon, and around which wad a
timber yard. The not in qeeetion Wee unfenced, and
own g to the quantity of timber lying show and
seem' y of lamps, wow rather dangerous. At the
"Richmond Arline " a die,mte arose between the ee:
ceased and Durrell, who, on the landlord's interfe'ence,
left the house teed set to work fighting. The evidence
ehowed that el:, aeed met with a good deal of rough
wifiee from Darnel, the effect of which wax to stun him,
cud thus ruder him unable to use his eitrengtn when
subsequently o quir d. The dee, awed, get,illg the
worst of the fight, was carried away by one of his frier do
and set down, his wife being with him, on the side of
a boot drawn up on the top of the basin, and pear to
a crane which over-I:neg. While there, in a someehet
s eh/ousted state, the two pri-oners conic up, probe& y
with a view of renewine the fight. The wife called
out to the deceased, advising him of their approach;
aud en tide the deoisaird got up, ran in the direction of
the crane, Durrell following, while the other prisoner
I stood still. In stout alb minutes a splaeh was heard.
I and Lucas exclaimed, "He is in the water 1"
ffir,ry effort to lave the men was madeby the paboners
and others, unfortunately without effect. A medical
man was sent for, the nearest; but while the mete
senger was begging him to mime, it was elicited that a
pollee-constable came up. who said the doctor in ques-
tion was not the doctor to the force : and then, having
reported the case to the superintendent, went for the
doctor who held that position. Much valuableetime
was, of course, lost; but from the length of time the
man was in the water it could not be said that his life
would have barn saved had the first doctor got there
before the counter-erders were given.
The case for the prosecution was that the deceased
having get into the water from a well-founded appre-
hension of violence and met with his death, the pri-
sonere were responsible. At the close ef the case for
the prosecution the learnt-1 counted for the prieoner
Lucas submitted there was no evil rues to go to the
jury against Lucite. The learned Jail ee wae of the same
opinion, and directed the jury to acquit him. On putting
the case to the 'Joey argaieet Darrell, Boren Fieet
pointed out that this war an intricate and involved casN
sod one not ordinarily met with. As death was alleged
to be caused by an tad.", ful act, thejury must di-crimi-
nate between the proximate and indirect e wise of
death. If the deceased, apprehending violence, took
another road and tumbled into the water, then the
prisoner would not be responsible, notwitiptandkg the
unlawful treatment, for then the death would be due
to an accidental cause intervening; but, if from a
reasonahle apprehension of further attack which would
have endangered his life be fell in, then the prisoner
would be guilty.
The jury, on being asked for their verdict, raid they
were of opinion that the deceased was subjected to ill-
treatment, and that he jumped into the water for the
purp we of avoiding it.
Baron Pigott: You mean it wafts voluntary act on
his part ; if so, that would be a verdict of Not
Guilty. The learned :fudge then read the case of
" Reg. r. Evans," C. and AI., 284, to the jury, where
Mr. C. Erekine told the jury that if a man threw
himself into a river under such circumstances as
rendered It not a voluntary act, by reason of force
applied either to the body or mind, it then became the
euilty act of him who compelled the deceased to take
the step. *But the apprehensioe must be of immediate
viOlenCe and weil grounded, and it mast be a step a
resiewinable man would take.
The jury said tnat was their reasoning, and he found
the prisoner atti4ty, with a strong recommendation to
mercy. The prisoner a!so received an excellent
character.
His Lordship, after commenting upon the vice of
drunkenness, sentenced the prisoner to eight mouths'
imprisonment, with hard lob. nr.