The Express.
London, England, 1864-03-26 00:00:00

THE EXPRESS; !Kitt:fill:lAl" EVENING MARCH 26, 1864.

ZIPLOSION AND LOSS OF LIFE AT A ROYAL
ARTILLERY LABORATORY.

The Quebec Morning Chronicle contains a long
account cf a disastrous explosion which had occurred at the
Royal Artillery Laboratory in Quebec :—" In the middle
of the day, without a moment's warning, eleven human
beings were launched into eternity by the blowing up of
the laboratory connected with the Royal Artillery barracks,
Quebec, three who were in the building at the time
escaping almost by miracle, although severely injured. The
building which was the scene of the explosion was • low
stone erection of receat date, with walls of some three
feet in thickness, and. in every other respect strongly
built, situated within the enclosure known as the Lower
Park. At the time of its destruction it was used as • labora-
tory by the Royal Artillery in garrison. Within the
same enclosure there is another building surrounded
by a wall and need as • magazine. Immediately
opposite the spot where the explosion occurred there is •
loos building, used for the storage of field guns and heavy
stores and tools. At twenty minutes to twelve pence,
throughout the Upper Town heard two slight explosions,
I followed by • terrific shock, which caused dwellings to
vibrate to their foundations, end sent window-glass, broken
into minute fragments, flying in showers into the streets. It
was only at a comparatively short distance from the scene of
the disaster that the first shocks were heard ; but the grand
explosion was terrific, and made itself felt far and near
throughout the city and its environs. The sound was short
and sharp, but of intense loudness. The echoes which it
caused to reverberate as the sound sped rapidly towards
the heights on the opposite shores of the St. Lawrence and
St. Charles, heightened the alarm. Persons who were in
the streets and chanced to look upwards saw in the direc-
tion of St. John's-gate a volume of white smoke shooting
' straight op into the heavens, which in a moment were
darkened by the millions of fragments projected upwards
with awful force, and driven far over the city in the direc-
tion of the river. In the streets the panic became general.
Horses bolted in all directions from the carters' stands.
Pedestrians rushed in the direction of the supposed scene
of the accident, or ran frantically towards their homes.
Fragments of stones, pieces of beams and joists, portions
of the tin covering of the laboratory roof, artillery tools—
aye, even the shrivelled abrade of the unfortunate victims
had fallen into the streets within a few seconds after the
great explosion. The debris came down in a shower, and
it is only surprising that fatal injuries did not result from
this cause. It appears the working party in the building
were engaged in the duty of discharging or destroyin de-
fective fuses, and making new ones. There were 14 per-
sons in the building at the time, viz., Captain Mahon, ILA.,
firerauter ; Corporal Brayahaw, the laboratory foreman ;
Mr. .Hawkins, ordnance foreman ; Private Flanagan, lei th
Regiment ; James Doolan, ordnance labourer ; and Gunners
Monet, Russell, Bruce, Elmer, Finn, Lewis, Thompson,
Baxter, and Burr, of the Royal Artillery. One of the men,
it is stated, was immediately outside the door destroying •
fume, when, instead of its contents discharging forward they
discharged backwards, and ignited some of the powder
inside. The first, indication of danger to those inside the
laboratory was the flash of the ignited powder, followed by
an explosion. Gunner Monet, one of the survivors, rained
has heeds to his eyes and attempted to run to the
door. The great explosion took place ; be lost conscious-
ness, but was fortunately blown altogether clear of the
building, where he was taken up alive, although suffering
from injuries sustained. Captain Mahar and Corporal
Bmyshaw were also blown out, and thus fortunately teasped
death. Captain Mahon's escape was really w al.
When found by the first persons who arrived on the spot
he was almost covered with debris.

"Eleven men were killed by the esplosion—Mr. Haw.
kiss, foreman of the Ordnance Department, married ;
James Uoolan, ordnance labourer, married; Private F.
Flanagan, lot battalion 17th Regiment ; Gunners—Rune/4
R.A., single; George Bruce, ILA., single; H. Elmer.
8.A., single; J. Finn, ILA., single; J. Lewis, LA.,
married; R. Thompson, R.A., married; R. Barter, R.A.,
single; J. Barr, R.A., single. Mr. Hawkins had been
attached to the Ordnance Department for many years, and
had long resided is this city, where he was well known
and much esteemed. Private Flanagan was an intelligent
and well-conducted soldier of the 17th, who was regularly
working at the laboratory. All the men in the laboratory
were fimbriaas men.

"The wounded are Captain Mahon, ILA., Corporal
Brayshiw, and Gunner Moraat, B.A. Bet besides these
who wore at the laboratory a large number of persons
were injured slightly in the streets by the fall of fragments
or the dashing out of pieces of glass. One man, walkiog
up St. John-sweet, was struck by a piece of plauk, and
received a severe blow. Several of the children of the
school house on the Esplanade had their heads and faces
cut by the dying particles of glass dashed violeetly from
the Windows. Of the laboratory itself there is no Wager
the semblance of • building. There is • species of pit
filled with heavy clZGris of the walls and roof ; but literally
not a stone upon a stone. The outer door in the wall sur-
rouodieg the magazine was shattered and blown in ; and
the projecting save of the building presented the appear-
ance of having been struck by loins heavy body in its
descent. All over the Lower Park, up on the glacis, and
along the top of the rampart there were balls, shells, and
other projectiles, heavy tools, smashed and wrenched out
of all shape and half buried in the snow.
"The bodies of the victims prostrated a most sickening
irpettacle—one which in loathsome horror can hardly be
Lilt le but Tihues some fragment,
instances aar
rasth in
powderd
. e
to which body they belonged.
" Such was the general smaab canoed by the concussion
that business was suspended in St. John iwettest, and the
shutters were up on all the leading shops. Immense sheets
of plate-glass were broken up into small pieces. Upper
windows were smashed as with a shower of doses Within
the shops the ruin was still greater. Druggiata' and per-
fumers' bottles sad cane were thrown from their shelves ;
lamp stores, crockery and glass ware stores, and groceries
also suffered severely, the brittle goods being in many came
consigned to one general ruin.
. _

"It is said that there were only seen kegs of powder in
the laboratory, which had just been brought down for use.
When each au amount of destruction was effected by this
small quantity, what would it have been had the magazine
taken tire? It is said that there were GOO barrels of powder
stored in this magazine, with 400 or WO barrels of ammo.
cities or other combustible materiaL Had that building
taken tire we should this morning have had to record the
mom heartrending catastrophe that ever visited British
North AlA14)1101. "

NoaroiK "Tom lILAND FAlR."—This great fair,

which, as regards sheep, is the most important gathering of
the kind held 'initially is the eastern counties, took place
at Norwich on Thursday. Theday was fine, and the streets
of the old East Anglian capital presented an animated
spectacle, while the 20,0 W sheep, the large droves of cattle,
and the long line. of horses, collected on what is well known
through agricultural England as "the lull," were will cal-
culated to gladden the eye of the farmer, and also of the
citizen haviog an eye to substantial creature comforts. The
special and ordinary trains run during the day by the Groat
}stern Railway Company brought in large numben of
strainers from Liocolashire, Cambridgeshire, Suffolk,
and Emez. as well as from the tolerably extensive county
of Norfolk itself ; and as far as external appear
antes enable a conclusion to be formed, it may be safely
affirmed that Thursday exhibited the egneuhural interest
of the eastern district in • satisfactory light. There were,
however, continued complaints as to shortages of keep, ko.,
and the supply of store cattle hung somewhat on band from
this cause, although there mu little variation in prices.
Scots were quoted 4• 01. to ss. 611. ; shorthorns, 4s. 6d. to
55., and very forward is condition, tie. ; sad Irish, 3s. 6d.
to 44. per 1411 e. (estimated weight when fat). But sheep
forms, after all, the speciality of Tombland fair, and at-
tracted the chief attention. This departroeut of the market
was less affected by the shortness of keep, in consequence
of the high price of wool, the limos being a very important
element iu the value of • sheep, The top price
for hoggetts was Mar. to 70s. per head, but the more
general quotation for superior lots was 48s. to 55e.,
and very prime 60s. per bead ; strong and useful, 40a. to
465.: and poor and ordinary, 23e. to 3G.. per head. Fat
sheep in their wool, 10s. to 10a. &1., and naked, Bs. to 65.6 d.
per 14110. ; one lot of fat shearlings, weighing 2241b5. each,
made 82s. per head. On the whole, although the large sup-
ply of sheep was not fully cleared off, prices displayed- a ten-
dency to advance, and the business done was at higher terms
than have been realised for some time past. it is to be TO-
grettri that no precise statement ran be afforded as to the
ni her of sheep entered, but the blame rests with the Nor-
wich town council, which for reasons best known to itself
c:eparta from the system of publicity generally adopted
elerwlrre, and keeps such matters secret. The show of
hors,s was consideni sle, acid both at Messrs. Spelman's mart
and is the open market some amount of business was dose at
good prices.
THE CATTLE SHOW AT POWAY. —The distribution
of prizes at the twenty-first Cattle Show of Pokey took
place on the At one o'clock M. Bale, Minister of
i;.lica:Lure. arrived, accompanied by M. de Money de
31ornay, Director of Agriculture, and Count de Saint-
' Marsault, Prefect of the Seine-et-Oise. The minister
suited the different animals and complimented the exhi-
biters on the mnikecl proper. which was visible in the
cattle. At two the public sitting took place, the hoe.
moister opening the business of the day by an address is
which he alluded to the interest which his predecessor. M.
Itouber. Lad always taken in those exhibitions, and to the
great adventsges which bad resulted from the encourage-
ment gives them. He concluded by saying that breeders
must umer ce...e to feel con&lenos in the Emperor's govern-
meut, which would not neglect any means of ,promoting
their stews. The Grit prize of honour, a silver cup veiled
at ..,is.uf., sc:.s awarded to 31. Tieretunrier, of Criaiouille
IN is +se). for oxen sod cows, his finest animal being • Dar-
ham ox, aged 33 mouths, and weighing 930 kilogrammes ;
the second for sheep, a silver cop, of 1,500 f. value, to
Count de Boailh, of Vinare (Ni2vre), for a lot of 10 south.
downs, weighing together 725 kilogrammes. The prize of
honour for pigs was replaced by a gold medal given to
31. R,.tfia, of Mostchauvel (Line-et-Oise), as be had sot
bred the ablaut,. which he bad fattened. The animal for
which the prize was given was an Anglo-Norman pig,
weighing 205 kilogrammes, and only 9 months and 25 days
old. The priz.• of homer for poultry was awarded to M.
Gergoodet, of Treffort (Al.).

HORN MAN'S TEA is choice and strong, moderate
in Ore. end wUolesoine to use. These sdrantagss hare secured
for ttss tee it general preference. It is mold in packet. by smco
agests.—(Asivertlesenest.]

ASSIZE INTELLIGENCE.

NORFOLK CIRCUTF.—Brat ST. EDXIINDS.

liAnca SL

The judges of assize arrived yesterday from Cambridge.
To-day the Lord Chief Justice of England eat in the
Crown Court, and Mr. Justice Crompton at nisi prim.
There are causes for trial and 25 prisoners. Two
are charged with murder, one with manslaughter, four with
moo, four with burglary, one with forgery, one with rape,
and one with attempted murder.
In the course of the day the grand jury found no liana
one of the cases of murder, Sarah Miles, charged with the
murder of her child.

Ur. Newtoo, with Mr. Parker, for the prosecution, said
the prisoner was also charged upon the coroner's inquisi-
tion, but as the grand jary had found in effect there was no
case for further inquiry, he should offer no evidence, and
the jury would say the prisoner was Not Guilty.
His LordaWp MO Lord Chief Jartioe) concurred.

CnownCounr.—(Before the Lord ChiefJastioeof England.
John Welby was charged with committing a burglary at
Ipswich on the night of the 6th of October last, and steal-
ing property to the value of upwards of 20W.
Mr. Bulwer and Mr. Orridge appeared for the promo.
Lion ; and Mr. Metcalfe defended the prisoner.
The prosecutor is • watchmaker and jeweller living in
Tavernstrest, Ipewieb, and on the night in question his
shop was broken into, and property to the amount of 2004
stolen. The prisoner bad been for three years in the pro-
mentor's service, and on leaving opened a shop within ten
doors of hie old master's shop. The circumstances cooped,
tin, the prisoner with the offence are thew A part of the
prosecutor's premises were let as tem to an auctioneer,
sod in • cellar also occupied by him, after the burglary, was
found some Inciter matches, a wog book, and • Bradshaw's
Guide, and through the cellar door leading into Mr.
Schulties house, • hole had been cut, which allowed
of a bar being removed and entrance made. Os the
9th of October the prisoner was taken into custody, and
epos the superintendent of police reading the warrant to
him he at once said, "Oh ! I can prove I wee in London
that night. I went in the afternoon, by the four o'clock
' kiwis, met my brother on the platform at Shoreditch, and
walked with him through London, and caw, home by the
parliamentary train on the following mornieg. I have
telegraphed to my brother, who will tell you so." The
prisoner bed sent a telegrars asking his brother to confirm
this, bat unfortunately the account the prisoner gave tinsel
out to be utterly false. Os the da after he was taken
into custody a letter was forw to the polios-station
directed to him, enclosing a post-office order for 31. Is pay-
ment for some gold sent by the prisoner on the Bth October
to • refloat in Wardourstrut The gold sent being is a pos.
collar date the refiner put it by, and ultimately gave it t 3
the police. Os being shown to the prosecutor, he at mice
identified it as the case of • watch that had
been in his shop on the night of the burglary. In ad-
dition to this, a fortnight after the police had taken posses-
sion of the prioner's house, in a bole in the paper on •
wall in his shop, behind several pieces of paper, were fund
the works belonging to the gold cue sold to the refiner.
These facts were proved before the magistrate, and the pri-
soner was committed for trial ; lest about three weeks
after, • man passing Hog Highlud (a piece of land on the
hanks of the Orwell) saw near • rat hole some pieces of
paper. He examined the hole, and pulled out • panel in
which was fourteen gold watches. Upon making further
search other parcels were toned all containing
watches and jewellery, some wrapped in circulars
relating to the prisorer's business. fly this discovery
the prosecutor fortunately got back his property to within
about thirty pounds.
Mr. Metcalfe addressed the jury for the defence, and
celled, in addition to witnesses to character, a man who swore
he wee in the prisoner's shop the morning after the burglary,
and saw him Perches a gold watch of • man, who gave
his name as Harvey, Brighton." This watch was alleged
to be the watch subsequently sent to the refiner.
Cross-examined by Mr. Orridge, this witness pre-
variatted and fenced with the quango°, so much that the
Lord Chief J satins several titres threat and to commit him.

Orridge baring replied upon this evidence,
His lordship summed up the came, and the jury found the
prisoner all kV.
He was sentenced to 10 years' penal servitude. This cue
occupied the Crown court all day.
NlBl Pa11.:3 COURT.—(Before Mr. Justice Crompton.)
-•-

_ .
The titres common jury causes were disposed of in half au
boor, and his lordship then assisted in trying prisoners.
JasepA Brooks, 52 years of age, a commission agent, was
charged with forging bills of exchange and uttering the same
with intent to defraud Moors. Oakes and Co., bankers, at
Sudbury, oo the 10th of November last. He stood further
with forging bills of exchaoge, with intent to de-
=errs. AlexanderandCo., bankers, at Sudbury.
•

Mr. Orridge appeased for the prosecution in both came.
The prisoner pleaded guilty.
Mr. Orridge desired to call the attention of the court to
the fact that there were four indictments against the pri-
sorer, sod that he was instructed that he bad by different
sets of forgery defrauded Maws. Alexander of about 1,100/.,
sad Mann. Oakes of about GOO/.
Mr. duties Crompton, having directed the officer of the
court to tall upon the prisoner to say why judgment should
not be pseud upon him, the prisoner handed is a
long statement that occupied a quarter of no hour in read-
ing. It set forth how he had been gradually led into com-
mitting these acts in consequence of losses sustained by
the bankruptcy of some of has debtors, his extreme con-
trition, end hope that the court would be merciful.
His Lordship said the offsets was a very serious one, and
be should not be doing his duty unless he pissed a severe
sentence--isix years penal servitude.
The next case was a remarkable one.
John Adam Scotcher was charged with the manslaughter
of Centime Seek-her, at Bury St. Edmund's.
Mr. Bulwer apper;ed for the prosecution ; Mr. O'Malley
Q.C. Mr. OrMge, and Mr. Abdy for the prisoner.
Mr. Bawer, in opening the ease, said this would be a
most painful inquiry, for the person whose death was the
subject wet the wife of the prisoner at the bar. The death
was caused by a p;stol shot, tired by the prisoner, and what
the jury bad to consider would be the circumstances under
which that shot was fired. The prisoner was in a respect-
able poeitioe in the town, carrying on business as a gun.
maker, bad done so for some years past, and oo motive could
be suggested that could lead any one to suppose the act was
intentional. No witness saw the occurrence, and it was
only the prisoner from whom they had, or could have had,
an explanation of the circumstances. At tho same time, it
was to be hoped the statement made by the prisousr was
not literally true, for if it were the offence committed by
him amounted in law to murder. His statement was as
follows :—" I and my wife had some words. and I took the
pistol up and went into the parlour, intending to shoot my-
self ; she took hold of the pistol to prevent me, sad the
pistol went off in the struggle."
Witnesses for the prosecution were then called, chiefly
, poisons .
hap the a
te of th prisoner, w
hisho wife l depose
ved to the
usually py rms on which he and id, that
she was in the habit of sitting by him et his work, eat that
but a few minutes before the occurrence the deceased and
the prisoner were laughing and talking apparently on the
moat affectionate terms. The most important witness,
Reuben Shaw, said be worked for Mr. Scotcher, and on
the afternoon of the 3rd of October he beard the report of
a pistol. He WWI in the heck workshop at the time, but as
I gentlemen were in the habit of trying pistols in the shop,
the noise made no impression upon him. About two or
three minutes after, the prisoner came into the purge in
an excited state, and ordered the witness to lead for a
doctor. Oa going into the parlour he saw Mrs. Scotches
!ring on the floor, and the prisoner then described how the
accident happened. The poor woman was carried upstaue,
never spoke, and died in shoat fire minutes.
Cross-examined by Mr. O'Malley, Q.C., witness said—This
L the pistol ; it is a revolver, and has no ball cock. It is
very easily let off, and has no guard. I heard Mr. and
Mrs. Scotcher laughing and joking in the shop a minute
before, apparently in good humour with each other. A
mere jar would let this pistol off. I can't say whether the
prisoner said he took the pistol to shoot himself, or intend.
hag to *boot himself. He was in great distress of mind,
and 1 thought it well to sit up with him that night and the
next. I have known him about a year and new months,
and he was a singularly quiet and inoffensive man. He said
she followed him to get the pistol from him, and took hold
of the pistol, and it went off.
His Lordship asked if any depositions were taken before
the magistrates.
Mr. Dulwer said there was only an inquiry before the
coroner. . .

The ease for the prosecution being closed, Mr. O'Malley
addressed the jury for the defence. He said, befogs com-
menting upon the evidence he would tell them that at the
conclusion of the csse he should call before them the father,
mother. and brother of the deceased—persons naturally
always first, and justly first, to come forward and avenge a
wrong committed upon their child—and they would speak
to their knowledge of the character of the prisoner, and the
loving tenderise,' with which be had always treated his
wife. Turning, then, to the facts of the case, he rid— It
is not pretended by the prosecution that he ever intended
evil against her, or was actuated by any malicious feeling
towards her, or had any intention of hurting a hair of
her bead; but they seek to get you to come to the
conclusion that he is guilty of • constructive
offence, because meditating a criminal act spinet himself
he inflicted death upon his wife. No doubt if
a man is attempting to do an unlawful act, and in doing
such act causes the death of another. be is guilty of man-
slaughter or murder as the cam may be. Eut is ttiscase
the prisoner made no attempt, be simply declared an in.
tention. It is open to you to say that this was a pure ac-
cident ; on the other band, you may say it occurred in an at-
tempt to commit self-murder. The one severe, cruel I bad
almost said, and attended with consequences miserable and
degrading to the prisoner an 4 his unhappy children, the
other relieving the whole family and connexions from the
pain and stigma sought to be cast upon them.
Mr. Justice Crompton, summing-up, said—The prisoner is
charged with manslaughter, and it is not said that he had
any intention of doing mischief to any one. It is not imputed
Joh =that he intentionally inflicted any injury upon his wife.
In this as in every case the jury must act upon the evi-
dence according to the oath they have taken, without eon-
Mendes of any misery that may be canoed. It wan • pain-
ful ems for the jury and for him, and everybody connected
with a prisoner who is punished naturally would feel pain. The
primer we. charged with committing this manslaughter
when intending to shoot himself. The natural effect of
fhb threat was that the wife would fly to prevent him
out his threat, and if in dole* soaks mot her
the prisoner vas guilty et manslaughter. Übe won

only ftiglitsulog her it was the duty of the wife to try to atop
him, and so it was manslaughter. If it were a pure accident
there was no felony ; but if they thought the pi isoner's own
statement true, a statement made by him on three occa-
sions, ell consistent and all according to the medical
man's judgment consistent with the way in which
the death wee said to have happened, they would find him
guilty. In his opinion. if he waa only intending to frighten
his wife, he was guilty of manslaughter. Bat if it was
only done to frighten, why use a loaded pistol ? In conclu-
sion the learned Judie 'gain reminded the jury they were
bound to discharge their duty regardless of cousinuesoss.
Witnesses to character were called, and the jury retired
to consider their verdict. They retired and ware absent an
hour and a . quarter. Upon their return, they said they
found the prisoner Omilly, bat believed he intended only to
frighten his wife and strongly recommended him to mercy.
The Clerk of Arraigns having called upon the pri-
soner, he said—" I have only to say, I had not the remotest
idea of taking my owu life ; bus would rather have died a
hundred times than hurt a hair of her head."
In passing sentence, his Lordship said—You have been
most properly convicted of manslaughter. The jury have
found you did not intend to kill yourself, not believing the
statements you made, and I most proceed on the ground
that the jury are right in their view. I also take into con.
sideration their recommendation to mercy. But I menet
regard this as a very light offence. It was only the duty of
your wile to endeavour to prevent you carrying out your
threat, and in the struggle which was caused by your mis-
conduct she met her death. It is a sad thing for you, your
relatives, your children, and friends, but I cannot pass such
• arse over. The sentence of the court is that you be im-
prisoned and kept to bard labour for four calendar months.
Monday is the commission day at Norwich, and the cases
tried here having occupied an unexpected amount of time,
their lordships are now sitting in both courts, with a view
to finishing the business to-morrow evening.

NORTHERN ClRClllT.—lavisarooL, MAacli 24.
(Before Mr. Justice Willes.)

/ruin Vezina; aged 23, • Manillaman, was indicted for
having at Liverpool, an the 25th of December last, felo-
niously and of has malice aforethought, killed and murdered
one Joseph M'Grath. Lorenzo Carpur, another Wapitis-
man, was also indicted on the same charge, but the grand
jury ignored the bill against him. Mr. Leighton and Mr.
M'Culloch were counsel for the prosecution, and Mr.
Russell (instructed by Mr. Cobb, by the direction of the
Spanish consul) appeared for the defence.
Mr. Deightou stated the facts for the prosecution. The
deosased was • dock labourer, living at No. 2, Forrest-
street, in this town, sad was 22 years of age. Oa the night
of the 25th of December (Christmas night), he, in campany
with his brother, John M'Gratb, their cousin, William
M'Grath, and • man named Thomas Gallagher, went to
Holden's public house, in Lower Frederick-street, and bad
two quirts of ale, which they drank whilst standing at the
bar. At a quarter to eleven eclock, two foreigner, coloured
mea, went into the house, into a snug at the other end o:
the counter. These two men were the prisoner at the her,
who was wearing a billycock hat, and one named Lorton
Carper, who had • cap on. They remained in the house
about five minutes ; and as they were going out,
William M'Grath, who was drunk, staggered • little back-
ward in the passage, knocking against one of the
foreigner" and treading on his toes. The foreigners got
vatted, and the prisoner was heard to say, " By —, me
will have my revenge fur that." They then west out and
stood at the public-house door. A witness named Sarah
Hardy, servant at a cook-shop in the neighbourhood, saw
the Boner watching at the door with a knife in his hand.
' Gallagherpn went to the door and told the men to go away
and no one would molest them, when they stamped their
feet, and one of them produced • knife. Gallagher returned
iato the public-house and remained there with the deceased
and his other two companions till closing time, eleven
o'clock, when they left. The two foreigners, prisoner and
Ceepar, were still waiting outside. Vrumea then took
hold of the deceased's shoulder, and • struggle ensued,
in which both the men fell to the ground toge-
ther. Demand then got up and ran away, bat
the prisoner followed him, and whilst the deceased
was turning round, the prisoner, with a knife, indicted a
wound in has belly which eventually caused his death. A
police-constable of the borough, John Roberta, No. 92, had
his attention called to the scuttling by bearing the witness
Hardy scream, and his evidence would be that the prisoner
made three thrusts at the deceased—once at his belly,which
missed • seemed at that part of his body which caused the
injury ihat ocaniosed subsequent death, and also a thrust
which missed. After making those thrusts the prisoner ran
' away, but Roberts followed him, and without lming sight
of him in the 'unreal caught him almost directly after with
• sheath knife in his head. The prisoner dropped the knife,
which the officer picked up, and found that there were no
marks of blood upon it, but there was mud. Joseph
M'Grath was picked up and carried on • bearing-barrow to
the Southern Hospital, suffering from an incised wound
in the left groin, through which the whole of the
small intestines protruded. There was also a wound •
little more than an inch long in the small intestines. He
lingered till the night of Saturday, the 2tith of December,
and then died, death having been caused by excessive hemor-
rhage and the shock to the system. Previous to his death,
in the presence of Mr. Mills, • magistrate of the borough,
and also of the prisoner and au interpreter, deceased made
the following statement :—" My name is Joseph
I am a dock labourer, living at No. 2, Forrest-attest, Lives-
pool, last night (the 25th of December), about half-past
eleven o'clock, I was with my cousin William M'Grath
in Lower Frederick-street, and we went into • public-house
there (Holdeo's) and on coming out we saw • row. The two
prisoners and other coloured men like them were engaged I.
it. We stopped to look on, and one of the two prisoners—
I cannot say which, but I am sure it was one of
them—turned round, saying, This is one,' sod
the other prisoner pulled out • knife and struck
me with it in my left ride, the lower part, and caused the
wound I am now suffering from. I fell when I got the stab,
and the two prisoners ran off, followed by some of the
crowd, who shouted, They have killed • man.' I had
seen the two prisoners before that night in • public-house ;
they were driukiog together. I did not speak • word to
them, and gave them any provocation. I think they
must have taken me for another person. I was about half
drunk, but knew well what I was doing. I did not see
William M'Grath stabbed. I cannot say whether the per-
son said 'This is ' in English or not, but he pointed
to me, and I unrieestOod him to mean that I was one.
Them were other coloured men near me when I was
stabbed, but only the prisoners were very near. One
of the prisoners only ran at me. and I saw the
other run towards William M'Grath. The one
who seized hold of me had • knife." Mr. Leigh-
ton remarked that upon that statement there would
appear to have been • scuffle between the prisoner
and the dimmed before the fatal blow was struck. '
The jury would have to say whether or not the circuit-
stances were such as to reduce the crime to manslaughter.
At the close of the learned counsel's opening statement
his lordship said be thought the deceased's statement
should be put in at once, as it went a long way to make the
case one of manslaughter—he would not say whether a had
case or otherwise—instead of murder. The foreigner's toes
had been trodden on is the publio-born, and there h.'
certainly been what was called • row outside, some fighting
and • struggle between the deceased man, his brother, the
prisoner, and his companion. Under these circumstances,
they could hardly proceed in the case as for murder.
Mr. Russell intimated that the prisoner would be willing
to plead guilty to manslaughter.
His Lordship, however, said that the prisoner had better
not take that course • he had better let the case be tried.
became a manslaughter of that description with • knife, if
made out, was, as they all knew, • very serious offence.
The following witnesses were then examined :—John
M'Gretb, deceased's brother; William M'Grath, his cousin;
Thomas Gallagher, a labourer, living at No. 4, Campbell
street—ell of whom were with the deceased at Holden's
public-house, and spoke to the facts as given in the above
statement ; Police-constable Roberta, whose attention was
celled to the matter by Hardy's screaming, saw the blows
struck, apprehended the prisoner, and took the deceased to
the hospital ; Sarah Hardy, who saw the prisoner standing
outside the public-house waiting for the deceased and his
companions, with a knife in has band ; John
Gordon, living at the Sailors' Home, who saw Vrumes
stab the deceased in the belly ; Thomas Jones, whose
evidence was of a similar character. Mr. Stubbs, a clerk in
the borough magistrates' office, who took the deceased's de-
position before Mr. Mills at the Southern Hospital ; and Mr.
Jas. Woolaston, house surgeon at that hospital, who de-
posed to the injuries deceased had suffered and the came of
his death.
Mr. Russell, for the defence, contended that there was
not sufficient proof either that the blow which killed
M•Grath was struck by the prisoner, or that there was that
complicity between him and his companion as, supposing the ,
latter to have committed the offence, would render him
(Vrames) liable.
His Lordship, in summing up the case, said there wee no
doubt that but for the provocation given by William
!!['Grath treading on the toes of either the prisoner or his
companion, they both being foreigners, the prisoner
would rightly be charged with murder, nor must that
be mender.' anything like a sufficient justification
for the use of the knife. But seeing that uoquestion-
ably there was that provocation, and that the blow was
struck, practically speaking, immediately afterwards, it
seemed to him to be in socordsaos with the law that
governed the ease that the moon should be tried endear.
Acted of the lees serious offence of manslaughter. The
question, thee, for the jury to consider was whether the
prisoner was or was not guilty of manslaughter, as undoubt-
edly he would be if he struck the blow which caused
Di'Grath's death. It could not be too generally known
that no person bad a right to resort to a deadly weapon
unless he were attacked with a deadly weapon, or an attempt ,
. made to rob him with violeoos, or • burglary committed in
his house. Where kis life was in peril from a violent attack
j made upon him—in case of extreme violence—then the law
i allowed him to repel the force with such weapons as wereee
his command, whether they were deadly weapons or act.
But the law did sot allow a mu to resort to deadly
weapons upoo any mere attack or provocatioe, as
; for instal:ice supposing that•• blow was struck him with the
• fist, or his ems were trod upon, or he was sogaged in • fight.
The use of deadly weapons under such circumstances would
be an unlawful act, for which the offender must be severely
punished. Acoordingly, if the stab was given and death
ensued, the person stabbing would be guilty of manslaughter.
It was, be co ild not help obeerving, to be exceedingly re-
gretted that young fellows like the prisoners, coming them
as sailors and likely to get into quern& in the streets, should
be allowed to have their liaises with them at all. But as

than was at present no law of that kind, it was • pity that
the matter was not cowsidered with the view el making •
rule that sailors should be without their knives, just as the
rule usually was that soldiers should go about without their
sidearms. In conclusiu, his lordship put it to the jury to say
whether, in their opinion, the prisoner was guilty of striking
the blow which caused kriaratli's death, cc was 'Ming in
cowed with the man who struck We blow.

The jury almost immediately returned a verdict of Guilty
against the prisoner on the charge of manslaughter.
Mr. M'Culloch said he was requested to state to his lord-
ship that the pawnor and his companioo had been observed
by the budlady of the public-boom—who had had frequent
opportunities of observing them during the six weeks pre
Moos to this unfortunate occurrence, from their visiting the
house—to be quiet and very peaceably disposed young fel-
lows, and on the pert of the prosecutor he had no wish to
press the case severely. He hoped that his lordship would
not press the Case heavily.
Lortigo Carper, aged 26, was then placed at the bar in-
dicted for having, on Christmas night, in Lower Frederick-
street, feloniously wounded one William M`Gmth, with in-
tent thereby to kill and murder him.
Mr. Deighton said that the offence was com-
mitted during the scuffle in which Joseph M'Grath
received the serious injuries that occasioned his death.
Carom was in company with Vrumes, and stabbed William
H'Grath in the back. Mr. Deighton added that be thought
the ends of justice would be answered if the prisoner were
convicted of unlawfully wounding, sod with his lordship's
sanction he should offer no evidence on the more serious
charge.
Mr. Russell said be could not contend against a convic-
tion for unlawfully wounding.
William M'Grath having proved that he was stabbed by
the prisoner, his lordship directed the jury to find a verdict
of guilty of unlawfully wounding, remarking that, from
the fact of the grand jury having ignored the bill against
Carpur on the previous charge, it was reasonable to sup-
pose that in their opinion there was no complicity between
Vrornea and the prisoner established so as to substantiate
the more serious charge.
The prisoners were then informed through an interpreter
of the verdict that had been returned against them, and
asked if they wished to say anything why sentence should
not be
Lpaassed. They said no, only they were in their cope.
His rdship, in passing sentence upon Vrumes, told him
be had been convicted of an act which was contrary to the
law of this country, and equally against the law of Spain,
or may other country in the world. He had killed a man
by a deadly band, and it was absolutely necessary to make a
severe example, in order to teach sailors that they most not
neon to the knife upon every slight quarrel. If he had
been a person of bad character he would have unquestion-
ably been sent into penal servitude for the remainder of
his days • but he was a young ....an, and a person apparently
not naturally of a bad disposition. Besides, considering that
he was a foreigner, he would necessarily suffer more from
the sentence of the court than if he had been a
native of this country. Nevertheless considering
how bed an sot he took away the life of It'Grat
be must have a most substantial sentence passed
upon him. The sentence of the court upon him
was that he be kept in penal servitude for eight yams. To
Caw, his lordship said it was fortunate for him that he
had been acquitted of acting in concert with liflllllell in kill.
ing M'Grath, but be had been convicted of using the knife
upon a fellow-creature, and the sentence of the court upon
him was that be be imprisoned and kept to hard labour for
led calendar months. _

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