Northern Times.
Liverpool, Merseyside, England, 1857-11-02 00:00:00

CENTRAL CRIMINAL COURT.-FRIDAY.

THE MURDER IN The QUEEN'S BENCH PR SON.—A,
the sitting of the court this rncruing, Antonio de Sa!vi, 29,
was p'aced at the bar to teke his trial upon the charge of the
murder of Robert Henderson Robertson in the Queen's Bench
Prison. Mr. Bodkin and Mr. Clerk appeared on behalf of
the crown. Mr. E James. Q.C., and Mr. Setjeant Parry
were esplcially re'ained, with Mr. Tirl'ldahon, for the defence.
It has already been stated that the prisoner had pleaded autrefois
acquit to the prestre indictment, upon the ground that he had
been already tried and acquitted upon the eh trge of wounding
the deceased with intent to murder him, and that he ought nor,
therefore, to be tried on the present charge, because it erase
entirely out of the same trans etion, and he ought not to have
his life twice put in jeopordy for the same offence. The matter
stood over until this morning, when it was arranged that the
question of law should he argued. Mr. Bodkin s,st addressed
the cona't, and he said it appeared to him that the plea could
not be supported, ivasnench as to support the p'e► of autrefois
acquit it must be shown that the charge made against the
prisoner on the second occasion was identically ,he satire as that
of Witich he was before acquitted. The prisoner had never
before been charged with the offence of wilful murder. There
was no identity between the two Offences, and the plea was I)3d
in law Mr. r. James was then heard at some length in sup-
port of the plea, and he contended that the prisoner had been
substantially tried before for the same identical act, and the
jury had acquitted him of any intention to commit the crime
of wilful murder. He cited the case of Robertson, tried before
the High Cowl of Jes'iciary in Glasgow, in which it was held
that a person who had been convicted by the m gistrates of an
assault, could not afterwards, where the party ansaulted deed.
bo tried for wilful murder. The court inquired nbether
there was not a Scorch sta'r'e that applied to this matter?
The learned council said he was unfortunateiv not prepar.d to
give the court any inforroa ion upon the subject. lie then
proceeded with his argument, end concluded by calling upon
their lordships to admit tl.e plea of the prisoner, and not permit
him to be tritd a second time for what was substantially tire
same offence, of which ire had airea,ly been aeqrzitt .d. Mr.
%Mahon was also heard at considerable length en the same
point. The court, without requiring Mr. Bodkin to reply,
unanimously decided that upon the fac s before the ceurt the
plea of au!refois acquit could not be supported. The prisoner
then pleaded Not Guilty, and the trial proceed d. Tire facts
of the case have been so repeatedly an' fully given, that it will
he unnecessary oa the presert occasion to do more than briefly
bring to the reccollections of our readers the circumstances.
undtr which the charge was preferred against the prisoner.
The deceased was a prisoner in the Queen's Bench at the suit
of the prisoner, and it appeared that on the Bth of July the
prisoner went to the Queen's Bench, accompanied by a solicitor
named Thompson, for the purpose, as it appeared, of endeavour-
ing to make some arrangement for the peyment of the debt,
and after they had had some conversation it appeared that the
deceased denied owing the debt, and the prisoner upon this
became dreadfully excited, and stabbed the deceased in the
neck and °tin r parts of the body, one of the wounds penetrating
the spine, the force of the blow breaking off the point of the
knife, and leaving it centre:l3,d in the hone of the spine, where
it was found firmly fixed after the death of the unfortunate
man. Tire deceased lingered for a considerable time in great
agony, and at the August session the prisoner, as above stated,
was tried upon a charge of wounding with intent to
murder. 'The jury now found the prisoner guilty of man-
slaughter.

ALLEGED ASSAULT ON A LASCAE.—JJhn Grucr surren•
dered to take his trial for an assault u2on Moheooddeen, a
Lascar seaman, upon the high seas. In this else, which was
rep wted at some length last session, it will he recollected that
the jury, after being locked up all night, wet 3 discharged with-
out coming to any decision, and the defendant w.ts liberated
upon his own recognisances. to appear this session fur trial.
Upon that occasion eleven of the jury were for an acqui,til.
The facts proved in evidence this day were the same as upon the
former occasion; the jury returned a verdict of no; guilty, and
the prisoner was discharged.