The Express.
London, England, 1864-08-02 00:00:00

TEI FLUSHING LONACT CADE.

Samuel Part;;;;aPlaWdWii;6irioFlear the decision
of the court in regard to the charge (of which he was found 1
guilty at the last Bodmia mime) of having starved, cruelly
ill-used, and criminally tieglected his half-witted brother.
Mr. Cole said that, es counsel for the prisoner, he had to
ask the court whether the prisoner was arraigned to bear a
decision or a judgment, whether his lordship was about to
state say damson of the Miaistry upon the cue.
His Lordship said that he ins simply the mouthpiece of
Baron Martin, who tried the ease.
Mr. Cole stated that in that ease he had nothing to say.
Mr. Justice Byles thee addneeed the prisoner as fol-1
lows :—Samuel Porter, you were convicted at the lest
spring amines at this pleas, befogs my brother Martin,
under the statute of 17 Vic., e. 96, sec. 9 of the wilful
neglect of your brother, • lunatic. I am but the mouth-
piece of my learned brother, and read the sentence of the
judge, who is inaecessible to popular clamour, sad never
fails to administer jnetios with mercy, duly weighing
every circumstance in favour of the prisoner. At the
conclusion of the can for the crown, it wee objected
by the learned counsel who conducted the defence
that the case was not within the statute, inas-
much as the can and charge by a brother of a
lunatic brother was by virtue of the domestic relation,
which was implied, excepted out of the statute, and a case
of the "Queen v. Rundle" (24 Law Journal, tossistrates'
011)1), p. 129) was cited. It was the case of husband and
wife and there was certainly • statement by a beamed
judge there which gave colour to the contention of the
teemed oounasL I thought at the time that the objec-
tion was not well founded ; but in deference to the opinion
of the learned judge, judgment was suspended in order
that opinion of the Court of Criminal Appeal might be
taken. This having been done, the court, of which the
learned judge before referred to was a member, were
ansniniously of *Rion that the objection could net be
sustained, and that your case was within the statute. The
conviction is therefore right, and judgment is now to be
given ; and I am to pronounce the sentence which hen been
placed in my hands. The cireumatanoes of the ow were
each as one could seerealv believe weld have occurred in
England, that a human been could have been kept 11 years
in a village containing a considerable number of inhabi•
tante in such a state of filth and neglect as one would
scarcely keep • common domestic animal ; that for years he
should never have been seen, and his existenos be almoet
unknown ; adthat the gentlemen by whose exertion, the
matter was brought to light should have had considerable
difficulty in saosrtaining his existence and the nature of his
custody. One feels almost incredulous; but them facts
are nevertheless true. I entertain no doubt that the Com-
Millllolloll of Lunacy, who saw him lest December, stated
truly the condition in which they found him, and the Isel-
in of horror and disgust created by it. The jury have
' commended you to the merciful consideration of the court.
This is a recommendation to which I always pay the

greatest attentioa. The criminal law of the country is
administered through juries, sad in my opinion it is of
the utmost importance, in a public point of new,
that it should be administered throughout, as far as
is possible, in harmony with their wishes sad views. I
can undenitted the ground of this recommendation. It
wee proved that the supply of food to the lunatic was
abundant ; his appetite was probe* more like that of an
interior animal than a rational human being. Everything
used by the family was freely sod liberally supplied to hint,
he bad a full share of all. Also there was no sesmtion or
reason to believe that any violence or cruelty bad been yard
towards him, and the jury probably thought that the daily
and accustomed habit of being in the room where the
lunatic was, bad blunted your sense of the right sad
Miessivesess which the condition of the lunatic created
upon the commissioners when they saw him for the Fret
time. I have given much consideration to the sentence to
be passed upon you. Upon the one band, it must be snob
as to convey to all that if anyoos, instead of taking the
imps of causing a lunatic to be removed to the county
lunatic asylum, thinks proper voluntarily to take upon
himeell the charge of the lunatic, he would be guilty of as
indictable diem* if he abused, ill.treated, or wilfully Dr
sleeted him. Upon the other band, I must take into con-
sideration thersoommeodation to mercy by the jury, and

my owe belief that a long continuance. of the coniiiiion of
this unfortunate beiog had to a considerable *stout blunted
your own sense of its real nature and character, which
made so strong an impression spun those who saw him for
the first time. I thick that justice will be satisfied by the
punishment of nine months' imprisonment. To avoid all
possible inisappreheusion. I desks to state that the law does
Dot authorise bard labour to be imposed for thisoffeooe. The
sentence of the court therefore is that you be imprisoned
foe nine months.

---TioTi'rie;ser— Will your lordship allow me to speak!
His Lordship—lf you have anything to say, you cm do so.
The Prisoner—Well, m lad, I unfortunately haven't
been able to show that I couldn't have done what I have
been charged with. I have leaved See lives ; I have jumped
into the water after five people, sod have saved them Iron
drowning. Years ago I had two sisters in ill-health, and
they pertly built up • boon. They were usable to talk
it. Ipm tea shilhap a week to them and built their
home for than. I only refer to this to show that it was
sot likely that I maid have bees guilty of ill-treating my
brother. lam here because there his been perjury at
work. Would a man who hue done se I done have
starved his brother' I have been convicted tLrough the
fain evidence of a tom. I could sot rebut it. lie wee a
bed man. My character is good. I map to Muslims, sad
any gentleman will shake me by the Mad. Others ►ave not
treated me ia this way ; I have bus mobbed by beggars.
Yet it's all perjury ; all perjury. I haven't been at cu►pel
since this has taken place. I have sot been—
His Lordship— I must tell you that it A of no use for you
to address me. If you have any repruestations to make it
must be to • higher authority. lAt the prisoner be removed.
The prisoner appeared to hetes to the seetenos with com-
posure, and had even looked several times around the court
as if in search of those present whom be might know ; but
oa the moolnake of the sentence he spoke hastily, with great
excitement, and seemed to be disappointed when checked
and led from the dark.

NORTHERNCIRCIIIT.—MANciisersa,AratriaL
Caows Coura.—(liefore Mr. Beres Pigott.)
ISHOOTUIG WITH INTIOIT TO mulDu.
Ann Leslie was charged with shooting at Mr. Jobe
Whalley, merchant, Manchester. with intent to murder or
do serious bodily hares, on the Vod March.
Mr. Pope opseed the case for the prowieutioc.
Mr. John Whalley said—l am a merchant at Manchester.
I have known the prisoner eleven years. I met her to
Stratfoed New-road, and at her solicitation I went home
with her. The COODIIIiOO then commenced, lasted several
yearn (rein that time, when I sought to break it off, and
allowed her N. a month, but she has frequently been to my
warehouse to annoy me. On the 15th March she came to the
warehouse, sad on the steps premateda revolver at my head,
but I pushed it away and retreated into the warehouse.
Oa the Had March she came agate, neer bye o'clock, sad
stood near the warehouse se I was startiag towards the
railway staters. I told two policemen, after eautioning her
not to follow. I afterwards ma her followiag, and ea I was
about to peas the bridge over the river Irk I heard a pistol
discharged. I turned rotted and sew the primmer behind
me with a revolver levelled at sae, and trying to discharge
the woad barrel. I ran scram the bridge, and after Who(
some boys to go sad stop the primmer, who was following
me, I went into the station, and got away by the train I had
intended to go by.
Is woes-inamiaation by Mr. Tony, Mr. Whalley said he
was 59 years old and had a family. When be first met the
prisoner he believed she was • praetatute, and was enliaited
by her to go home with her. [Primmer (sobtaing)—" No,
was a0t..1 He did not follow her to the house and wait
under the window till she let him in. He west in with her.
Might afterwards tell her that she resembled his late wife.
Never told herd she would accept his overtures he would
provide for kw toe hie ; not at the first interview but sitar
about two years he told her if she reformed he would
make her an allowance and see that she never wanted.
Till then be gave her mosey each time he saw her.
Would swear he never had a latch key made to her door to
let himself in with. U he ever had one she gave it him.
He knocked at her door, and waited till see opened it.
Never wrote to tell her he was coming. He made her a
present of a church service two or three years after his tirst
visit, and after she had monied reformation. She never
took in needle work. She told him she would not work.
It, remembered her going to London three or four years
after he ant met her. That remove' was et her au/gement.
It did occur to him that his visite would not be of much
good towards her reformation to spite of the church set.
MM. He continued his visits till she west to London. Ile.
hewed he only gave her one letter to apatite her to get •
situation in London. Did not give her • letter to • Mr.
Hart. When she returned to Manchester he did not visit her.
Had no connexion with her beyond giving her money. She
never told him she lost • situation at Gray's-tan through
staying with him. He gave hero new desk when she went
to London. That was not that she might correspond with
him, but at her own solicitation. When she came back to
Manchester remembered her being in • shop in Oxford.
street. He found her money to go into the shop. Not three
orafour pounds, but probably 301. The largest
ma he gave her at am tame he believed was 3W.
Did not remember ever visiting her at Boemlletreet.
After the shop be furnished her • haw mar Bewail-Weak
Did sot know what he paid for furniture, but be paid 251.
for • pier glue sad another piece of furniture. It was be-
cause of sending in tulle of 2W. that he doomotineed making
i brae IWOWAI6OII. He believed it was is • ugost, 1863, that
• he stopped her atomism of 31. per month, n imaseqoente
of large bills for furniture. He might have called us her
at Pachill-eleset, bat that we to pay her 31. and aothieg
else. Itenosubwed a female coming to tell him, °nee oe
eight months ago, that she was ill of rheumatic fever. He
did sot refuse money, but gave kis solicitor 101. to give
to bar.