The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-12-19 00:00:00

THE QUEEN'S INCOME.

VERY NEAR THE CAPITAL OFFENCE.

At the Assizes held at Manchester, Michael Hughes,
aged nineteen, was indicted for having at Manchester,
on the 11th of October, feloniously, wilfully, and of
malice aforethought, killed and murdered William
Conroy. Mr. Leresche prosecuted, and Mr. Ernest
Jones defended.
Mr. Leresche, in opening the case, said that such
was the sanctity with which the English law regarded
human life that every case of killing was regarded as
primi facie murder, and it was for those who con-
sidered the act of killing to reduce the higher charge
to a lower one. It would be for the jury to say
whether there were any circumstances in the case
which would lead them to the conclusion that the evi-
dence was deficient of the elements which constituted
the full crime of murder. The deceased and the
prisoner were well known to each other, and on the
11th of October the prisoner called at the house
at which deceased lodged. Some beer wassent for, and
the parties remained together drinking, apparently
OH the most friendly relations. After midnight the con-
versation ;,00k a turn which led to the prisoner saying
his brother could beat the deceased. Angry words
ensued, and ultimately so much wrangling went on
that the host (Coln.) said an end must be put to it,
and required the prisoner to go home. They then ad-
journed to the court, and IlliSoller pulled off his coat
and commenced lighting with the deceased, who ulti-
mately had the best of it, and succeeded in throwing
the prig :men Collins, the Mist, contrived to keep the
deceased away, and was gradually shoving him into
the street. Suddenly, however, the prisoner ruslied
past him, ran up to the deceased, struck him, and he
immediately called out, "Oh! Collins, Collins, I am
stabbed." Collins then went in search of a policeman,
awl, after an abserce of five or ten minutes, returned
with one, and found the deceased very nearly dead
from loss of blood. A stretcher was procured, and he
was conveyed to the infirmary, where be shortly after-
wards died, lie had been wounded in the thigh, the
femoral artery haul been severed, and, to use plain
English, he had bled to death. Some constables were
despatched to the house of the prisoner's sister, and
they heard a conversation going on which led to the
inference that the prisoner hail come in great haste,
asking for assistance ti, enable him to leave the
country. Admittance to the house was demanded, but
ref tent, and the prisoner was apprehended just as he
was leaving the house by the back door.
Mr. Jones asked his lordship whether, after the
opening id the counsel for the prosecution, the charge
111114 not resolve itself into one of manslaughter. He
(Mr. Jones) was not prepared to resist the charge of
manslaughter.
The Judge (to Mr. Leresche) : Is there any evidence
of malice aforethought—any expressed malice?
Mr. Leresehe No, my lord.
The Judge: He did not go there with the intention
to kill?
Mr. Leresche : We cannot suggest that, my lord.
His lordship said he should desire to hear the state-
ment of the man Collins.

John Collins, who said he was a packer, was then
called. He stated that on the night in question the
prisoner and his (witness's) nephew called and partook
of some beer, which had previously been sent for.
Some time afterwards prisoner and deceased com-
menced arguing, and prisoner said his brother could
"mill" Conroy. Conroy said he could not, and they
continued quarrelling about twenty minutes. Wit-
ness said he would have no quarrelling in his house,
and both got up and walked out. When they got
into the court they started fighting. They had only
one round, and Conroy threw the prisoner. Witness
succeeded in getting deceased off prisoner, and tiragged
the latter away for some four or five yards, when he
turned round, rusher! past him, and, struck the de-
ceased with "something bright," which he drew out
of his pocket. Deceased, when struck, cried out,
"Oh ! I am stabbed." Witness then went
in search of a policeman, and when he returned Cons
roy was almost dead. A stretcher was procured, and
he NV3A removed to the Infirmary.
Mr. Jones: Does your lordship think it safe to leave
the case where it is?
The Judge : I think it would be more satisfactory
to hear it through ; but it is not a case of murder.
?vitt Jones : Upon that undertaking, my lord, I
will not crosa-exandne.
The Judge : It is very near the capital offence; but
I do not think it is moider.
The evidence was then proceeded with, and one of
the constables who wee a ate-Idl'e, the hone of the pri-
soner said Inc heard him say, "1 have stabbed Conroy,
and I hope the is des
The jury, at the direction if his lordship, founl the
prisoner guilty iif manslaughter.
His lordship, in sentencing the prisoner, said that,
hut fir the extenuating circumstances, he innst have
sente-ice4 him to death. The crime very nearly
approached the capital offence ; in fact, it was difficult
to draw the hue between the two. Still there was a
distinction between them in the prisoner's favour,
which saved him from the capital sentence. He (the
judge) must, however, deal with it as a crime very
nearly approaching murder, lint one panscil to sentence
a youth of his age to penal servitude for life. Probably
if lie were to inflict such a sentence, it would mit have
A greater effect than the sentence he was &NIA to
give. and which he preferred giving—that the prisoner
should be kept in penal servitude for twenty years.