The Sun.
London, England, 1863-12-16 00:00:00

ASSIZE INTELLIGENCE

NORTHERN CIRCUIT—YORK, Dec. 14.
(Before Mr. Justice Mellor.)
MURDER AT LEEDS.

Patrick Hirley, 25, was indicted for the wilful murder of
Anthony Golding, at Leeds, on the 23d August last.
Mr. Middleton and Mr. V. Blackburn prosecuted; Mr.
Maule defended the prisoner.

The deceased was 27 years of age, and a labourer, resid-
ing in Brussels .street, Leeds. Between 12 and 1, on Sun-
day morning, Aug. 23, AnthonyFeehy, cloth dresser, Lee's-
square, York-street, was quarrelling with John Hirley, the
uncle of the prisoner, at the end of Brussels•street, when
the prisoner went to them, and addressing John Ilkley
said, "Won't you fight him, you -? If you don't I'll
fight him (Feehy), or any man belonging to him." The
prisoner made a rush at Feehy, who anticipated the blow
by knocking the prisoner down, As Feehy's friends were
taking him away the prisoner pursued him with a knife in
his hand, but was prevented getting at hini. While this
was going on Golding, the deceased, approached the place
by Brick-street, and stood against a gate near the place
where the disturbance was going on. When the men
engaged in it had separated, Golding said to one of
them as ho was passing, "If I was you I would
go home; I wouldn't fight." The man resented this re-
monstrance, and stabbed Golding with a knife at the top of
the thigh. As soon as he was stabbed Golding said, " I
would not have done this had I bsen you." The deceased,
who was bleeding very much, started to run, but had only ac-
complished the width of the street when he fell. As he fell he
cried out, " I have been killed by Patrick Hirley." The
wound deceased had received was a large, gaping, incised
wound 21 inches in length, and 14 in depth. The femoral
artery had been severed, and the deceased bled to death.
Immediately after Golding was stabbed, the prisoner ap-
peared to have absconded, but he was apprehended at Otlay
on the following day. When the superintendent went to
apprehend the prisoner, he asked him if his name was not
Patrick Hirley, of Leeds. He replied in the negative, stat-
ing that his name was James Gaukey. He subsequently,
however, admitted that his name was Patrick Hirley, that
he came from Leeds, that he was in the affray on Sunday
morning, but said that he did not stab the deceased.
Mr. Maule, in his speech for the defence, did not deny
that the prisoner was the person who inflieted the blow upon
the unfortunate deceased, but contended that the act was
done in the heat and excitement of the moment, and that
the crime was consequently reduced from murder to that of
manslaughter.

The jury retired to consider their verdict, and returned
into court after an absence of rather more than an hour.
Thie Clerk of the Arraigns (Mr. Holtby)—Gentlemen,
have you agreed upon your verdict ? Do you find Patrick
Hirley guilty or not guilty?
The Foreman (Mr. Brailsford, of Sheffield)—We find him
Guilty of murder, but the jury wish me to add that it is
their unanimous feeling that, while in the conscientious dis-
charge of their duty they have felt bound, accepting the de-
finition of murder as laid down by the judge, to return that
verdict; they feel equally strong that the circumstances
of the case are such as to remove it out of the num-
ber calling for the extreme penalty of the law. It is their
hope that his lordship will cause such a representation of
their feeling to be laid before the Home Secretary; and it
has only been the belief that their strong representation
of the circumstances to his lordship would be effective
which has induced them to agree to the verdict. They have
felt that, while, on the one hand, they were discharging
their duty in accepting the law from the learned judge and
acting upon it, on the other hand they have a strong epinion
that the difference of the circumstances in the case from
those of many others coming under the definition of murder
make it one in which the authorities might suitably exer-
cise the prerogative of mercy.
His Lordship—Gentlemen, your recommendation shall
be attended te, but you must permit me to observe that I
regret extremely to hear you have been driven only to a
conscientious verdict of guilty of murder by the belief that
the sentence would not be carried into execution. I am
bound to say that is not a proper view for a jury to take.
The jury have nothing to do with the punishment. They
must act upon the law oi the land, and unless juries do
that there is no safety for any one. But whilst I say that,
I am quite sure you have most carefully, deliberately, and
conscientiously in this case considered your verdict, and I
will most assuredly make such a representation to the Home
Secretary as you desire. I have no power to say what the
effect of that representation will be, but it shall be made in
the spirit in which you desire it.
The prisoner was called upon in the usual manner, and,
in reply, said "I am not guilty."
The Judge then assumed the black cap, and passed sen-
tence as follows :--Patrick Hirley, you have been convicted
by the verdict of the jury of the erime of wilful murder. I
am not surprised at that verdict—it would have been diffi-
cult, within the definitions laid down by the law, to have
found you excluded from the crime of murder and to have
reduced it to the crime of manslaughter. The jury, I am
sure, have most conscientiously acted in the vereict they
have given, and it only remains to me to pass upon you the
sentence of the law. But whilst I say I pass upon you the
sentence, I will take care that the recommendation which
the jury have made in your case shall be transmitted to the
proper authorities, but, as you and all must know, it does
not rest with ma. The prerogative of mercy rests entirely
in the breast of the Sovereign and her advisers, and it is to
those advisers and that Sovereign that your appeal must be
made. I have only to pass upon you the sentence of the
law. I regret. indeed, to find that a young man of the age
of 25, and starting into life, should have been guilty of this
most heinous offence, and I am bonne to say my expel ience
leads me to the conclusion that persons who begin with the
use of the knife, and allow themselves to be led into scenes
of excitement and intemperance, must not be surprised if,
when brought to trial, a jury should be of opinion that the
crime they have committed is that of wilful murder. I de-
sire not to aggravate your case by any further observations.
I beseech you not to buoy yourself up with hopes that the
recommendation which the jury have made will have any
effect. lam not able to say whether it will or not; proba-
bly it will not. I advise you to prepare for your doom.
Surely, surely, it is meet and right that you, who have
taken away the life of an unoffending fellow-creature,
should with earnestness immediately apply at the footstool
of Christ, where alone a sinner penitent may find pardon—
that pardon which the law of the land may probably not
accord you. His lordship then passed sentence of death, in
the form prescribed by law, concluding—May God in his
infinite mercy have mercy upon your soul I
The prisoner was at once removed and conveyed to the
condemned cell.