The Express.
London, England, 1858-03-27 00:00:00

ASSIZE INTELLIGENCE.

HOME ClRCUlT.—Kixorrox, MAscii 26.

Thu Commission for the county of Surrey wee opened on
Thursday afternoon by Mr. Serjeant °melee, neither of the
learned judges being able to leave UMW" on account of the
business not being brought to • conclusion. The courts
were opened this morning at 12 o'clock, Mr. Justice Erie
sitting on the Civil Side, sad Mr. Justice Williams in the
Crown Court. Fifty-four causes are entered for trial, twelve
of which are to be tried by special juries, and the cause list
presents the exrraordinary feature of not containing a single
undefended cause. There are only 17 prisoners for trial on
the Crown Side, and the majority of the cases are of the
ordinary character.
(Before Mr. Justice Williams.)
Bliza Clout, 26, • good-looking young woman, apparently
very far advanced in wegnawy, was charged with felo-
niously cutting and wounding her husband, William Clout,
with intent to do him grievous bodily harm.
MT. Lilley conducted prosecution. The prisoner had
no orrenaeL

owe was of a very painful nature. It appeared that
the prosecutor was • labouring man living at Farnham, and
he end the prisoner had been married for several years,
and that the prisoner entertained a feeling of jealousy respect-
ing her husband. On the 19th of October they bad gone
to drink tea with the landlady of a public-house called
the Royal Arms, at Farnham, and thee tea the prose-
cutor went into another room, and in the course
of the evening the prisoner went to him and asked
him to go home, and a few angry words ensued.
The prisoner suddenly exclaimed, " Take that !" or
words to the same effect, and cut her husband on
the heel of the neck with a razor, and he bled profusely ;
and u his being examined by Mr. Clark, a surgeon in the
neighbourhood, it was found that he had received a very
severe wound. The prisoner was taken into custody, when
she stated that she did not mean to hurt her husband, and only
Intended to frighten him. The weapon with which the wound
*rya Inflicted was a razor belonging to the prosecutor, and
which it appeared the prisoner had brought from home for
the purpose
the surgeon, stated, in answer to a ques-
tion put by the court, that a good deal of force must have
been used to canes the injury on the neck of the prosecutor,
but he at the same time said he was of opinion that the object
of the prisoner was not to tote away life, or else she would
have inflicted the injury in front of the throat instead of the
back.

The prosecutor, having given hie evidence, said that he
had been away from his home on the day before the occur-
rence, and had aggravated the prieoner, and they had both
been drinking spirits to a considerable extent on the day the
offence was committed.

The cebroner, who appeared very faint and ill during the
trial, was unable to say anything in her defence to the jury.
Mr. Justice Williams having summed up, the jury found
the prisoner Guilty of unlawfully wounding.
The prosecutor entreated his lordship to deal mercifully
with hfe wife, and said he was ready to take her home with
him if she were set at liberty.
Mr. Justice Williams said it appeared to him that, having
regard to the circumstances of the case and the condition of
the prisoner, the beet course would be to respite the judgment
to the rummer waives and in the meantime the prisoner
would remain in custody and be taken care of.
Nothing of interest occurred in the Civil Court.

NORTHERN CIRCUIT.—LIVERPOOL, MARCH 26.
(Before Mr. Baron Martin.)
CHARGE OP MrEDER ON THE HlOlll SEAS.

John Anderson Christie was indicted for the wilful murder
of Francisco Rodriguez, a seaman on board the vessel which
the prisoner commanded.
The counsel for the prosecution were Mr. Attorney-General
Blies, Q.C., and Mr. E. James, Q.C. for the defence, Mr.
Tyndal Atkinson and Mr. Scott.
The Attorney-General, in opening the case, raid that the
s:ottewas indicted for the wilful murder of
Rodriguez,Francisco on the high teas, on board the British ship
Elizabeth, on her return voyage from the coast
of Africa. The death was caused by a aeries
of repeated acts of injury and violence inflicted
by the prisoner, such as knocking him down, beating
him and kicking him with extreme force and malignity ;
these seta being committed between the 28th of August last
and the let November, on which day Rodriguez died. The
Elizabeth was a barque of about 430 tons, sad manned by
about 21 prawn. She sailed from Liverpool in January
lest year, and in June, when the prisoner—who was trace-
hewed from a vessel called the Faith—joined her, sbe was at
Calabar, on the Bonny river. When the prisoner was trans-
laved to the Elizabeth there were also transferred at the
same time the first mate, James Millard, and afterwards
three seamen—one, Joseph Mitchell (dace dead), another

Waists Wake, who would be eilledsin evident:ie, end the
nart,ltreacieteo Rodriguez, the deceased. Rodrignes was •
S about 26 years of age, end a Roman catholic.
his ha joined the ship he was in good health and vigorous
strength. Though entered as an able seaman he was
ware* of capacity sufficient for that situation, but as an
ordinary seaman he was tolerably efficient, and, although
not very large in person, he was of en obedient dispeeitton
and meek spirit. The ship sailed from Calabar on the 24th
July, and in about a month or six weeks afterwards the acts
of violence towards the deceased on the part of the prisoner
broke out. On the first occasion, when the deceased was at
the wheel he was beaten and kicked severely, and after-
wards, the beating, kicking, sad rope's-ending were conti-
nued
without intermission until about a fortnight before
his death, during which he was lingering in his berth and
gradually approaching the term of his life. The two
most Important beatings occurred, one about the middle
of September, and the other about • fortnight before
=death. On the first occasion the deceased was
and trimming • binnacle lamp, when, in going near
or down the cabin stairs, be fell. The prisoner, who was in
his cabin, inquired what the noise was, and on being told,
asked if the lamp were broke'. He was informed that it
was not broken, but that one of the hinges was off, upon
which he came
forward, seized the &wised by the neck,
threw him down upon the deck, beat him with be fists, and
kicked him over all parts of the body with such violence
that when the deemed got away from him he could
=creep to the fore to see end down his bunk. This
to have broken the deceased down, for although able
to return to some kinds of work he could never work so well
es before,
never stood upright from that time. He em-
-1 tedg
something was broken in his back, for whet
yi down on the deck the prisoner had trod sad Mango!
upon him. He showed his back to his shipmates, and limn

was found in the small of it a little lump protruding, whirl.
probably caused his lameness.. He complained bitterly of
pains in his legs and beck, and he was lame and diseased,
and distressed ever after this. Omitting intermediate acts of
violence, the next act occurred about a fortnight beforo
Rodriguez died. After assisting the mate to heave the lead
he was carrying it to its proper plata, and, being unable to
stand, in cr =squaws of the injuries he had received, he was
supporting himself with one hand on the poop, when
the prisoner called upon him, "to move quicker," and
afterwards knocked him down and kicked him. Rodrigues
after this could with difficulty crawl down to the forecastle.
He tumbled from the chest on which he eat, but contrived to
get into his bunk, which, however, he never quitted after-
wards, and was never able to return to his work. On one
occasion he did crawl out with assistance, in order to get a
little coffee, when the prisoner, seeing him, seized and
whipped him back into the forecastle, where he lay for
about fourteen or fifteen dla gradually sinking. At last
even his mind appeared to re way, for him dreams or illu-
sions on the night of his death were of somebody ill-using
him and beating him. Next morning, however, they found
himsold and dead, lying on his si&, his face towards the
side of the ship, his knees drawn up, his month and nose
full of blood, and his troubles all over. This happened on
the Ist November, and soon afterwards the ship put
into Cork, where all the crew were discharged ,•
the prisoner, the mate (Millard), the steward, end
an apprentice alone remaining. The vessel arrived
in Liverpool on the 9th of November, and imme-
diately afterwards the apprentice pre information of what
had happened to the deceased, and an inquiry was held before
the magistrates ; and the Board of Trade having been ap-
prised of the circumstances, the present prosecution had been
instituted.

The leerned counsel then proceeded to call witness s.
Mr. Thomas Inman, physician at the Northern Hospital,
said that he had been attending to the evidence, and he con-
cluded that the man had an abscess in his thigh caused by
kicking. He was of opinion that the deceased suffered from
inflammation of the lungs produced by kicking and beating,
and that inflammation was the cause of death.
By Mr. Atkinson—This opinion is merely a presumption.
lam of opinion that it was not scurvy. I am led to this
opinion from the statement of a witness that the deceased
could eat hard biscuits. _ _

B. Wall-,surgeon et the Northern Hospital, agreed
with Dr. Inman uto the probable cause of death. In cross-
examination, Mr. Wall said that persons suffering from
scurvy spat blood. He had met with persons suffering from
scurvy who attributed the dlecoleration produced by that
dismiss to the effects of blows.

Mr. Tindal Atkinson then addressed the jury for the
defence in a powerful speech, contending that the deceased
had died from scurvy, and that he was a lazy skulking fel-
low. He shirked his duty, and Captain Christie only struck
him in a manner which is, however improper, common
enough at sea, perticularly as captains have so heavy a res-
ponsibility! devolving upon them. Mr. Atkinson then com-
mented with great severity upon the evidence of the wit-
nesses, particularly on that of Penshaw, which he charac-
terised as unworthy of credit, and the result of ill-feeling
towards the capt•in. The medical evidence he also charac-
terised as mere theory, concluding by an appeal to the jury
not to deprive • human being of life upon evident* open to
such grave doubts.

--Ilia Lordship, preparatory to summing up, said that the
jury would have to consider two questions :—Did the pri-
soner, in threatening to kill the deceased when he struck
him, really bear malice prepense against him, or were his
words merely those of a man in anger ? If there was malice
prepense, it was a case of murder • if not, it was merely
manslaughter. Ms lordship then minutely recapitulated
the evidence.
_ _

TietTriretired for about a quarter of an hour, and then
returned with • verdict of manslaughter.
The prisoner, in answer to the usual question, said the
charge bad been: made against him from ill feeling.
The judge, in passing sentence, said he bad no doubt of
the guilt of the prisoner. Ever since be took a dislike
to the deoeued, he constantly ill-used him, and such ill-
usage doubtless accelerated his death. The seamen of this
country should be taught that the laws protected them
even while at sea, and muter' must also be taught this.
His (the prisoner's) crime closely approached murder, and
should be adequately punished.
Tae prisoner was then sentenced to penal servitude for
life.

This eevere sentence created a marked sensation, but the
prisoner, who was quickly removed, did not manifest much
emotion.