The Sun.
London, England, 1864-12-19 00:00:00

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On Saturday evening the annual presentation of s
prizes to the 39th Middlesex (Finsbury) Volunteers
took place at Myddleton-hall, Islington. The posis
tion of its headquarters precludes the corps from
coming as frequently under the general eye as many •
other Metropolitan regiments; but it was evident
from the proceedings that a close attention both to
drill and to musketry practice is paid in the locality.
Interest in volunteering, also, is evidently not cca.
fined to the ranks in Islington. There was a socia-
bility about the gethering lacked by many corps
priding thv niselves, and with justice on the reputa-
tion earned by their efficiency. The very nature of
their arrang( reente on Situtd ly evening was a te's-
lirm,ny to the mutually good understanding between
the Voluutcors and Fpectators. Instead of being
kept within bounds by ropes, as at Westminster hall
with a vie 'TV of leaving a central space clear for the
companies to draw up or msemuvre, the audience
occupied with Feria et coalroat the s=eats prepared for
their reception, ivnile the regi..n(-nt, adapting its
formation to the shape of the apartment was drawn
up on three sides of a hollow t (pare, facing inwards.
Upon the platformovhich might be regarded as 0:30
fourth or completing side of the square, in the midst
of the more influential supporters of the corps, there
was placed a tab:o sustaining a goodly array of cups,
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skill in rifle shooting. Col. Erskine, Deputy-In-
spector of Volunteers, attended to present the prizes,
and prefaced the ceremony by a few observatione, in
the course of which he stated that, although he had
been connected with the Volunteer forge for nearly
five years, it never had been his good fortune to
make a formal inspection of the 39th MideiiNex
still he had so frequently enjoyed opportanitie;
Observing bow they acquitted themselves on fields
days and at reviews, that he did not come among
them feeling as a stranger. It was gratifying tck find.
that the corps had, kept up its- numbers very fairly.
In Dec. 1863, its enrolled strength was 614, of whom
329 were efficient members, according to the requires
ments of the Order in Council. This year there were
609 names upon the roll, bat the number of if&
cients had risen to 335. Upon this point he dwelt
with pleasure, because the number of efficients was a
very fair criterion of the state 'of the corps, and ,the
result in this case showed what credit must be due to
,the exertions of . all ranks, from the commanding
officer downwards. The " efficient badge," he be-
lieved, was not generally admired (laughter), and
regarded by itself it was certainly open to criticism
—but no one could deny that when worn by a
number of men all ranged in line it looked exe
tremely well. Colonel Erskine strongly urged upon
his hearws The importance of persevering in the -
movement in which they had embarked, insisting.
that what was worth doing at all was worth doing
well. Constituted as the Volunteer force was of
every class in society, he quite admitted that it was
not possible for all Volunteers to be e fficient,or even
for an effective Volunteer to be efficient at all times.
Pressure of occupation, domestic circumstances, or
men's own state of health might for a time prevent
the attendance of good Volunteers and Excellent
soldiers—but everyone ought once, at least, to make
himself efficient, and then he could look forward to
a time when, the pressure of circumstances having
passed away, he could again attain the same satis-
factory footing. Men were apt to think, that when
they had attained a certain degree of proficiency
they might safely stand still. Such a notion was
a complete mistake, for in this world attempting to
stand still invariably went back. The corps must
not suppose from what he had said in the way of
advice that he was in any way complaining of
shortcomings on their part. On the - contrary, he
was well satisfied with the state of the regiment—
he had seen it on several occasions, and it was as
fine a military body as he should wish to see any.
where. (Cheers.)

PR1CE...... ...4d
;STAMPED ... .sd.

ference between them. Both agreed in this, thiet there was
on the inside of the frontal bone a fracture which would
produce congestion on the brain, and would cause death.
and be the result of the injury to the eye, or to the "orbit"
of the eye; and that this was probably caused by a kick, and
not by a fall or a blow from the fist. It was for the jury to
say how far it was probable that the fatal wenn') was in
flitted in this way. The first question was whether the de-
ceased came to his death by the act of the prioners er
either of them. If not, then the inquiry was at an end.
Then the jury would have to say, looking at all the circum-
stances, whether the prisoners caused the death of the de•
ceased. Upon this head he pointed out the short lapse of
time, on any view of the case, after which the prisonera hid
followed the deceased and the police the prisoners. The
learned judge observed that the remark made by the men
when the police came up (that the deceased had had a fall)
seemed to imply that they were speaking, truly or falsely,
of something they knew abovt. If so, then it was for the
jury to say whether their statement was true or false;
and their whole story when taken up lay in asserting
what the medical evidence tended to show had not been,
and could net have been really the fact—viz„ that the in.
juries were caused by a fall. Upon all the circumstances,
then, were the jury satisfied that the deceased:came to his
death by the violence of the prisonera—one or other of
them ? Supposing they arrived at the conclusion, could
they see their way to the conclusion that the violence was
the act of one or of both of them ? If they were satisfied
that it was the act of both of them, the case would become
more simple than it otherwise would be. The medical evi-
dence seemed to show that the injuries, at all events the
fatal injury might have been inflicted by one blow. If the
jury were of. opinion that there was only one blow, then
there would be a difficulty in :convicting either of the Fie
soners—for in that case neither could be convicted unless
either the party inflicting the blow could be identified, or
both the prisoners were parties to the act. The jury might
no doubt, be in a different position in such a:case—for if
only one prisoner committed the act, and he could not be ,
identified, then neither could be convicted. The jury had
been told by the learned counsel that the case could not
be treated as one of murder; and he concurred in that
view. He agreed that in determining the question on the
charge of murder the jury must consider whether there
was a common intent to inflict death or murderous
violence, and he also agreed that there was hardly evidence
which would support the jury in that conclusion. Requite
concurred in the lase as laid down by Brother Byles on this
important subject in the case cited, the ease of " The Queen
v, Luck," that on a charge of murder none of several parties
not identified as having actually struck the fatal blow or fired
the fatal shot could be convicted unless they were all parties
to a common design to kill or to shoot or stab; and thus, for
instance, if one of several men was struck or insulted by
another man, and they all ran after him with a view to beat
him, and one of them, without the knowledge or privity of
the others, shot or stabbed him, the others would not be
guilty of murder; and he should be disposed to go further,
and say that on a charge of murder there must be a common
design quoted the act of homicide. It was otherwise in this
respect as to manslaughter; and if several were partied to
an unlawful act of violence, as a beating, and death, though
not intended, resulted from that unlawful act, they were all
guilts. This was constantly exemplified in cases of fighting,
However fair the fight might be, and although only one
person struck the fatal blow, yet all engaged were guilty of
manslaughter, There was therefore this important distinc-
tion between the effect of a common intent on a charge of
murder or of manslaughter. It was enough as a charge of
manslaughter that thero was a common design to do the un-
lawful act from which death resulted. Therefore, though
the prisoners neither of them intended to cause death, yet i f
the act was done, if a blow that caused death was given by
one or either of them in pursuance of the common intent of
attacking and beating the deceased,•then they were guilty of
manslaughter; and a kick which would have the same effect
as a blow with a blunt instrument would be the same.

The jury found the prisohers guilty of manslaughter,with
a recommendation to mercy on account of their previous
good character,
The learned Baron, after some consideration, proceeded
to pass sentence, stating that he concurred in the verdict,
and was satisfied that one of the prisoners with the privity
of the other had caused the death of the deceased by a kick
from an iron shod boot. Cases of manslaughter no doubt
differed greatly in character, and he had every desire to ,live
full effect to the recommendation of the jury. But to cause
the death of a man in this way was a very serious offence,
and he felt he could not pass a lighter sentence than five
years' penal servitude.

The distribution of prizes was then proceeded
with, and there being, as already stated, an ample
list of these, a considerable time was occupied in the
process, Among the passages of most interest were
the distribution of marksmen's badges, that with
three stars, as the beet shot in the battalion,
being awarded to Colour Sergeant White, upon
whom various prizes were afterwards conferred
as well; two other.] among the b'tdges being
awarded respectively to Cal. Penton, the commander
of the regimens, and Lieut. Col. Crawley, brother
of the colonel of the luniblrill'ng D:dgeone. The
priz?s for good attendance seemed to have ezers
cised a wonderful effect in attracting men to drill,
Colour sergeant Belhatn, the best attendant in the
battalion, having no less than 186 attendances re.
corded in his fe.vour ; Sergeant Hogan, Sergeant
Rowe, and Corporal Harris, who came next in poitit
of merit, having each 155 attendances.

NORTHERN CIRCUIT —LIYERPCOL, Dec. 16,
CwiwN COURT.
(Before Mr Justice Mellor.)
Eliza Green, aged 46, was chlrged wiih the wilful mur-
der of Elizabeth Lowe, at Liverpool, in Octoberlast.
Mr Peel prosecuted, and Mr Littler defended the prisoner.-
The deceased woman was the si,ter of the prisoner's wi:e,
and lived in his houie. On the day of the murder it ap-
peared that the attention of two women who lived in the
neighbourhood was attracted by a disturbance which was
gning on in the prisoner's house, he being at the time in a
state of intoxication, The evidence went to show that he
first struck his wife and then the deceased. After dragging
her by the hair of her head about the house, he struck her
three times with his fist on the head in a most ferocious.
manner, and then closed the door. The door was soon after
burst open, when one of the witnesses saw the prisoner
knock her down again, and jump from a box upon her chest
—he then kicked her violently about the head and face. The
deceased struggled to get upon her feet, but fell down
again, the blood gushing from her mouth and nostrils. She
was conveyed to the hospital, where it was found that the
bones of the skull were frightfully fractured. She died in a
few days from inflammation of the brain caused by the in-
juries,

When all the prizes had been given away, Capt.
Blankley, who had just before received a cup in the
name of his company (the sth), which returned tho
largest number of efficients for the year, came fol.
ward and presented to Col. Penton, in the name of
the regiment, a very handsome photographic album,
containing the likenesses of all those members
whose portraits it had been found possible to obtain.
He was sure Col. Penton would value this as a
record of the officers and men who had the pleasure
of serving under his command.

For the defence it was urged that the prisoner was greatly
provoked by his wife, the deceased, and his eon—and also
that the state of intoxication in which the prisoner was ren-
dered him unaccountable, and it was contended that the
offence only amounted to manslaughter.
His Lordship, in summing up, said that the provocation
to reduce the offence to manslaughter, must be of such a
degree as reasonably to produce the violent conduct of the
prisoner—and though there was no doubt that a man uuder
the influence of intoxication was more liable to be affected
by provocation than a sober man, yet they jury must con-
sider whether it was in this case sufficient to deprive the
man of the power of reasoning and the ability to judge be.-
tween right and wrong.

COL PENTON said the gift was the most accept.'
able and gratifying which could have been made to
him, and in thanking the donors the gallant officer
enlarged on the pride and satisfaction afforded him
by his connection with the regiment. He went on
to propose a vote of thanks to those gentlemen who,
in founding the prize list, had contributed so mate-
rially to stimulate exertion and to maintain the effi•
ciency of the regiment; and alluding to the fact
that Col. Erskine had kindly attended to distribute
the reward, Col. Penton said it was a satisfaction to
think that an officer so distinguished was to replace
their present Inspector-General whose loss lie de-
plored; and wherever he went Col. M'Murdo, be
felt sure, would carry with him the good wishes and.
affection of all Volunteers.

The jury, after an absence of three-quarters of an hour,
returned with a verdict of guilty.
Sentence of death was then passed in the usual form.
SATURDAY, DEC 17.
CIVIL COURT.
(Before Mr Justice Black burn and Special Juries.)

Major BURGESS seconded the motion of thanks
to the donors of prizes, which passed by acclama,
tion.

Mr M`CtILLAGH TORRENS, in proposing a vote of
thanks to Colonel Penton, eulogised the patriotism
of those who, in addition . to discharging all the
other duties of their soaial position, were willing to
assume the responsibility of being primarily charged
in the name of the Queen with the good conduct of
men under arms. Time was when men enrolled
their serfs to act as soldiers ; and it was a glorious
reflection that in our own day, when none bat free-
men were to be found in the ranks, the . military
capacity of the nation had not dwindled, but in-
creased. The maintenance of discipline, however,
was even more important than the conservation of
the military spirit, for without subordination such
as happily existed he maintained that the erection
in the midst of the country of an armed force of
168,000 men would have produced evils greater
than those it was meant to avert. Good officers
had largely influenced the character of the force,
and on that ground he proposed that they should
give three cheers for Colonel Penton.

Colonel ERSKINE, in the course of his remarks;
said—Allusion has been made to the retirement of
my friend Colonel M'Murdo. Situate as we are
cowards each other, it would be unbecoming in me
to speak of the way in which he has conducted his
office ; but lam be allowed to say that, however
much his severance from the Volunteer force may
be felt by the Volunteers themselves, there is no one,
I am quite certain, who will (lc piers his retirement
from the office more than I shall do.
The proceedings
the Queen." closed with "Three cheers for

A match took place at Brighton on the 16. h of
D,Tomber betwetn ten selected members of the let
Sussex (Brighton) Rifle Corps and the same number
of members of the Ist Oxford University Volunteers,
of a party who were Brighton during the
The representatives of the Oxford corps consisted
visiting
vacation. The weather was exceedingly nnfavonr,
able,
there being a strong wind blowing from the
north-east, consequently the scores were small, the
highest being made by Corporal Allen and Ensign
Morrell, both of Exeter College. It was nearly dark
when the contest terminated, which was in favour
of the Suasex men, who won by 16 marks. Each
man fired five shots at 200, 600, and 600 yards.