The Sun.
London, England, 1863-12-19 00:00:00

importance to the demeanour of the prisoner when taken
into custody--. 7" policemen having (said he) very suspicious
mines, and always putting a very unfavourable construction
upon the language or manner of a prisoner." In conclusion
his lord.hip said—" Before you convict the man you must
be satisfied affirmatively, and beyond all reasonable doubt;
do not act on surmise, or suspicion, or any feeling of sus-
picion against the prisoner; you must have a belief and
clear conviction on your minds that he by an act of his
took this woman's life, and unless your minds are so con-
vinced you must acquit him. If you are convinced you
must pronounce him guilty without reference to the conse-
quences. But if you are not satisfied that he either by
choking her, or by some means prevented air reaching her
to enable her to breathe, and so caused her death, and
afterwards endeavoured to burn the remains, I say if you
are not satisfied to the extent I have mentioned, then you
ought to acquit him."
The learned judge occupied about one hour in summing up
The jury retired, and were away about ten minutes, when
they returned with a verdict of guilty.
The Clerk of Assize at once called apon the prisoner in
the usual form, asking him if he had anything to say why
judgment of death should not be passed upon him accord-
ing to law.

He at once said, "I am an innocent man, my lord; I
am an innocent man.

Mr. Baron Martin tnen put on the black cap and said—
John" Green, after a trial, in the cure of which everything
has been said that could be said on your behalf by your
counsel, and after a most patient and careful inquiry the
jury have found you guilty. For my part I think the evi-
dence justifies the verdict. Neither of yourself or through
your counsel have you given any explanation as to how
this matter occurred. You were not at home during the
night. You were with the poor creature whose death
you caused, and you have made no suggestion as to how
you were employed. Nothing has been said in any way
tending to show that this is not the case. I will
not distress you or others by dilating further upon the cir-
cumstances of this terrible transaction; all I have to do is
to pronounce, not my sentence, but the sentence of the law.
I have no discretion in the matter, and can hold out to you
no hope. I entreat you to attend to the advice and assistance
that will be afforded you by the chaplain during the short
time you now have to live."
Sentence was then passed, and at the conclusion the pri-
soner again exclaimed, in a firm voice, "I am an innocent
man, sir."
Upon which the learned Judge, scarcely recovered from
the emotion he had betrayed when passing sentence, said,
" I can only say the evidence points to the contrary."

With this finished the business of the winter assize for
Cambridge.

HOME CIRCUIT.—MAIDSTONE, Dec. 18.
(Before Mr. Baron Pigott.)
CHARGE OF MURDER.

James Palmer, 22, labourer, was charged upon an indict-
ment, and also by the coroner's inquisition, with the wilful
murder of Margaret Jones.
Mr. Barrow and Mr. Marsham conducted the prosecu-
tion, The prisoner was unprnvided with counsel, but at the
request of the learned judge, Mr. F. Russell kindly under-
took to watch the case on his behalf.

It appeared that the deceased, who appeared to be a very
fine young woman, about 23 years old, was the wife of a
corporal in the Royal Marines; and that she loft her hus-
band last March, and went to live with the prisoner, who is
a labourer in the dockyard at Chatham, and they passed as
man and wife, and they seemed to have lived happily toge-
ther down to the period when she met her untimely end.
On Saturday, the 7th November, they left the lodgings they
had occupied to that time, and it appeared that they went to
the house of a Mr. M'Lachlan, and asked his wife to recom-
mend them a oheap lodging, which she did, and on the
same day the prisoner and the deceased took possession of
their new abode, still passing as man and wife, and appa-
rently on the most friendly terms. In the course of the
Saturday they purchased the materials for the Sunday's
dinner, and all went on well till the following morning,
when the deceased expressed her intention to go to the
funeral of a man wbo had been accidentally killed, and
which was to take place at Chatham. Before she left she
made some preparations for the dinner, and promised the
prisoner faithfully that she would be home to dine with
him. She did not, however, do so, and the prisoner ate his
dinner by himself, and there was no doubt that he was very
much annoyed at the deceased's conduct and at her stop-
ping away so long. He remained at home until 6 o'clock,
when ho went to Mr. M Lachlan's and made some in•
quiries about the deceased, and was informed that she
was last seen in a pubtichouse in the neig hbourhood,
and this appeared to increase nis anger, and he said that
when she did come home he would break her nose. Ho re-
mained at M'Lachlan's for some time—and at length the
deceased, who, there was no doubt, had been drinking all
day, and who was the worse for liquor, came in, and the
moment the prisoner saw her, he went up to her and sttuck
her several violent blows on the face,and knocked her down,
and while she was upon the ground he kicked her. The de-
ceased bled profasely, and shortly afterwards went into a
fit, and when she came a little to herself the prisoner asked
her to go home with him,but she refused, and said she would
rather get her living in the tap-rooms than live with him,
again. After this the deceased went out again with the
➢PLachlans, and she returned home to their house a second
time about 10 o'clock. The prisoner, who had remained there
waiting for her,thcn again asked her to return home with him
but she still refused. She was at this time, it appeared,sitting
in a chair, and upon her positively refusing to accompany
him, the prisoner struck her a tre rnendous blow on the left
side of the ;aw, which felled her to the ground, and he then
exclaimed, " There, I have done with you,you may go where
you like," and he left and went home to bed. The deceased
appeared to be in a very bad state after receiving this blow,
and when the persons in the hou-e had washed her face,and
done what they could for her, she went to the lodging and
slept with the prisoner. On the following morning she was
in an almost insensible condition, and Dr. Seabrook, a sur-
geon at Chatham, was called in, and he prescribed for her,
and the prisoner appeared to have expressed great concern
for her, and stopped away from his work in order that he
might attend upon her, and during the day he bathed her
head with vinegar and cold water, and did all he coutd to
alleviate her sufferings. About 4 o'cleck in the afternoon
the husband of the deceased, who had received some infor-
mation of what had occurred, went to the room where the
wretched woman was lying, and asked the prisoner if
he had struck her, and he said he had not, but that
the deceased was the worse for liquor, and tha
she had fallen down and hurt herself. The deceased
teen, it appeared, in the presence of her husband, got out
bed and walked up to the prisoner, and put her arm round
his neck, and said, " Jemmy, I love you, you have always
been a good man to me." She became quite insensible
shortly atter this, and died on the following day, and the
pos modem examination left no doubt that the injuries
caused by the blow on the left side of the head had occa-
sioned her death. When the prisoner was taken into custody,
it appeared that he admitted having given the deceased
what he called "a slap" in the face, and he said he sup-
posed he must suffer for it. With reference to the medical
evidence, however, it should be stated that the surgeon, in
answer to questions put in cross-examination, stated that
but for the mark of the blow on the jaw nearly all the ap-
pearances that were exhibited upon the post-mortem ex-
amination were consistent with the death having arisen
from apoplexy, caused by the quantity of spirituous liquor
that had been taken by the deceased.
Mr. Russell, at the close of the evidence for the prosecu-
tion, asked his lordship whether be thought there was any
chtet for the consideration of the jury upon the charge of
wilfui murder?

Baron :rigott said he did not think himself justified in
withdrawing the more serious charge from the jury.
Mr. Russell consequently addressed them upon the whole
case, and he contended that there could be no doubt that
the prisoner was very much attached to the unhappy
woman, and that, even slit posing they should be of opinion
that the last blow he struck her was the cause of.her death,
it was clear that he bad not the slightest intention of caus-
ing such a result. _ _

The learned judge having summed up, the jury retired to
deliberate upon thoir verdict, and in about half an hour they
returned into court, and found the prisoner not guilty of
murder but guilty of manslaughter. They, however, at
the same time strongly recommended him toimerey on ac-
count of the provocation he had received, and their belief
that at the time he struck her he had no idoa that it would
be followed by such fatal consequences.
His lordship said he would consider what sentence should
be pronounced.
. .

At the conclusion of the business, the prisoner James
Palmer was brought up for judgment, and the learned
judge addressing him said that he thought that, under all
the circumstances, the justice of the case would be satisfied
by his ordering him to be imprisoned, and kept to hard
labour, for three months.

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