The Sun.
London, England, 1862-08-06 00:00:00

STATE OF TRADE.

MANCHESTER, Aug. s.—There has been a large
business done to-day in yarns by most classes of
buyers, and prices have advanced id. per lb. upon
th,e rates of last Friday. In some cases ld. per lb.
advance has been paid on the prices obtained last
Tuesday. In water twists, 16's, 24's, and 30's, and
in 40's mule yarn, there has been a great demand at
per lb. advance on last week's rates, and many
of these kinds of yarns are being swept com-
pletely out of the market, and the stocks of other

descriptions are becoming exceedingly small. In

two-fold yarns, 40's, 60's, 80's, 100's, and 120's
for Germany, there has been a considerable
demand, and the stocks of all these counts of
yarn are now very light. The cause of this
extra demand lies principally in the good
accounts the Germans here have received from
their correspondents on the continent, which state
that markets there are exceedingly bare of both
yarn and cotton, while the increased prospect there
is of a lengthened struggle in America gives more
confidence in the maintenance of high prices. The
continental markets are buying for winter con-
sumption, and shippers appear willing to buy any-
thing they can lay their hands upon which is

suitable for that trade. In cloth the business has

been only moderate, manufacturers are holding very
firmly for full or higher rates, for shirtings, printers,
and almost every description of fabric. Printing
cloths are very scarce, and proportionately higher
rates obtain for these than most other descriptions
Confidence among the holders of cloth is

increasing, from a belief that not only must cotton
give way in price, but that, owing to the number of
mills stopping, production is so rapidly decreasing
as at length to afford them a prospect of remunera-
tive rates. Many manufacturers say that, had they
closed their mills three months ago, and given their
operatives three days' wages per week for doing
nothing, they would have saved money ; but a
belief is now obtaining that stocks will soon be
cleared off to such an extent as to make manufac-
turing more nearly profitable, if not entirely so
than it has beeen for a long time past. The next
advices from India are looked forward to with much
confidence that they will prove more encouraging
to shippers than any for some time past, and may
lead to considerable transactions. The shipments
to India during some months back have been larger
than might have been expected from the produe•
tion now going on, but it is generally understood
that it arises from shippers being encouraged to
send out old stocks of goods, while the great ad-
vance they would have been compelled to give in
the present position of the market here has deterred
them from giving out orders. The rise which is
taking place at Bombay and Calcutta in prices is
giving rise to expectations of a better description
of business shortly. Messrs. Du Fay and Co. say
that during the last six months many countries
have
year.
The disturbed state of Mexico has reduced
the "Ports to that country to one-fourth as com-
pared with 1861. To Buenos Ayres and Chili only
about one-third of the amount previously sent was
exported darien, the six he six months of the present year;
to China and lib
°llgkong less than one half. Except
France, there is ee
decrease
v_arcely a country or market to
which a
‘1413 not taken place. It is there-
fore hoped that prices ahroad will gradually rise to
those ruling in this mark
et, 'which at the present
moment is the highest.
LEEDS, sth.--In the cloth halls to-day there has
usiaess is now
been a fair amount of activity. /1
&y
sena-
almost altogether confined to the
heavier goods,
such as meltons, withr
e, ca Of Nvhielato-da
pies of several new varieties have been
shown, and
6rders freely given. The state of the demands on
the
clothiers' resources is now such that an advance in
price is beginning to be talked of. It is almost a
matter of certainty that such an advance will soon
take place, and especially as the feeling is confi-
dently entertained that the American conflict can
not be much farther prolonged. In the warehouses
business continues brisk, as in addition to the
orders for Canada, several representatives of large
houses in London, Plymouth, Exeter, Glasgow,
&c., have been here, and they have ordered goods
for the autumn trade somewhat liberally. The sea-
son for light cloakings is new ended, and little is
doing in plain cloths.
ROCHDALE, 4TH.—The appearance of the market
to day was not very animated, although business
was considered to be in a satisfactory state. The
principal demand is for mediums and Weiches, but
for all other descriptions there is a fair inquiry.
Business in the warehouses is active, and it has just
received an impetus in the way of orders from
Canada. There is a strong disposition to increase
prices, and
'
where sellers are strenuous upon the
point they are
able to accomplish it. Sales of wool
are only to a moderate extent. The high prices de-
manded by producers scarcely leaves the staplers a
chance of profit, and therefore they have at present
no inducement t 3
business.

'IRE NEW ARCHDEACON—
Ptel3remhill, in the county
Henry Drury, clerk, vicar of
WILTS.—The Rev.
of Wilts, and Chaplain of the Ron
Cons,
duly collated and installed in Saliaburr"
eizth mmeo dral ashas been
Arch-
deacon of the Archdeaconry of Wilts,
late Venerable Archdeacon Macdonald, opt' room of the
of the Right Rev, the Lord Bishop of Sulu,: 4°n/bullion

EXTRAORDINARY CHARGE Of'.._
ARSON,

At the Lewes assizes yesterday,befor, Mr. Baron
Bramwell, Harriet Goble, a girl 17 ears of age,
was charged with feloniously and maliciously set-
ting fire to a dwelling-house, the p t party of Chas.
Milligan, he and other persons being therein at the
time. In other counts of the indictment the intent
of the prisoner was laid to be to injure the prosecu-
tor, and also to defraud.
Mr. Roupell and Mr. Willoughby conducted the
L prosecution. Mr. Ribton and Mr. Rosher were for
the prisoner.
The learned counsel for the prosecution, in open-
ing the case to the jury, described it as one of a very
extraordinary character, no less than four fires
having taken place in the house of the prosecutor
on the same day, and by the last of them the pre-
mises were entirely consumed, and property to the
value of between £3,000 and £4,000 was destroyed.
He then proceeded to state the facts he proposed to
lay before them, and the following evidence was
adduced.
Miss Mathilde Milligan, a fashionably-dressed
young lady, of very prepossessing appearance, said
—I am the daughter of the prosecutor, and in July
last we occupied a house upon Crawley Downs,
which he had built for himself, and which was en-
tirely detached. The family consisted of my father
and mother, the latter of whom is very infirm, an
old servant who has been 38 years in the service,
and the prisoner at the bar, who was cook and
housemaid. She came into our service in February ;
but she was not regularly engaged, and it was un-
derstood that she was only to stop until we were
suited with a servant. I had been to London for a
short time previous to the 10th of July, and returned
home on that day. While the prisoner was in the
establishment I frequently complained of her, and
there were repeated disagreements between us, and
she was aware that she was to go the moment I
could get another servant that was likely to suit.
A servant did come upon trial, but she did not suit,
and she was sent away, and the prisoner was told
that she might remain with us a few days longer.
On the morning of the 19th of July there was no
fire in any part of the house except the kitchen,
and the prisoner appeared to be engaged about
her household affairs as usual. About 1 o'clock I
observed that the house was full of smoke, and at
first we thought it came from the kitchen chimney.
The family dined about half-past two o'clock, and
after dinner the smoke seemed to increase, and a
search was made, and it was discovered that a port-
folio in one of the upper rooms was on fire, and a
coat and dress were smouldering. This fire was
extinguished, and nothing more occurred until six
o'clock, when the prisoner gave another alarm of
fire, and upon going upstairs I found that some
books that were in a bookcase were burning. There
was no fire of any kind in this room, and I do not
know of any means by which the books could have
become ignited. This fire was extinguished, and
the house was examined, and no trace of fire was
discovered. About half•past seven o'clock on tl.e
same evening there was a third alarm of fire, and
this time the fire took place in a totally different
room. This fire was put out, and I then heard the
prisoner call out, " A man, a man, running up the
attic stains." I and some other persons went up to

the attic, but no man could be discovered. The
third fire was put out about eight o'clock, and the
house was then again examined all over and found
to be free from fire, and things remained in this
state until half-past nine o'clock at night, when
there was another alarm of fire, this being the
fourth. This time the fire was found to have got so
much hold that it was impossible to put it out, and
the house and the greater part of its contents were
destroyed, the value of the property lost being be-
tween three and four thousand pounds. Among the
property that was in the house at the time the last
fire broke out there was in my bedroom a small
box which contained a silver tea service, and my
watch was also in the same room, and these were
found to be missing. I had a conversation with the
prisoner, on the Monday after the fire, respecting
them, and she told me she went into my room when
the last fire broke out and she saw the watch was

gone, but the box containing the plate was safe,
and she took it up and went downstairs with it, and
met a man on the staircase who knocked her down
and took the box of plate from her, and she laid
upon the ground insensible, with the flames burning
all round her. I did not observe any mark of a blow
upon the prisoner's face where she said she had been
struck, neither did I observe that any of her clothes
Ny ere burned.

Cross-examined—The prisoner was only employed
as a sort of "stop-gap," while we were able to get
another servant. I may have made use of an expres-
sion to the effect "that I was sick of the place"
where we were living, but that I saw no chance of
getting away unless the house should catch fire. I
think what I said was in answer to an observation
that was made, that it was a wonder my father did
not sell the house, as it was known I did not like it,
and I remarked that my father would never leave it
unless he were burned out. I think I heard the man
servant make use of the expression that I had soon
had my wish. I first suspected the prisoner when
she told me such a strange story about the plate.
Mr. Ribton—Now, Miss Milligan, I am sorry to
put this question to you, but I am bound to do so_
Were there not some very unpleasant rumours about
yourself in reference to this fire ?
Miss Milligan—l believe there were.
Mr. Ribton—Rumours that you yourself had set
the house on fire ?
Miss Milligan—l believe so.

Mr. Ribton—lt was known, was it not, that you
disliked the place, and wished your father to leave ?
Miss Milligan—Yes.
Baron Byamwell—Was the property insured?

Miss Milligan—Not at all.
Baron Bramwell--And you say the property de-
stroyed was of the value of £3,000 or £4,000 ?
Miss Milligan—l believe £4,000, my lord.
Baron Bramwell—Then your reversionary interest
in it would probably have been worth nearly two
thousand pounds ?
Miss Milligan—lt would, my lord.
Barod Bramwell—Were you and your father on
good terms ?

Miss Milligan—Yes, my lord, very good terms.
Mr. Roupell, to the witness—On your oath, is
there the slightest truth or foundation in the sug-
gestion that you had anything to do with setting
fire to the house P

Miss Milligan--None whatever. During the
period that elapsed between the third and the
fourth fires I was in a room with several other
persons.

In answer to a question put by the learned judge,
the witness said that thb plate she referred to was
in a very small box, and it could eas..ily have been
carried away. No trace of it was found in the
ruins of the fire.

Mr. r.. Milligan said—l am the prosecutor in
comet
haease, and the father of the last witness. The
ynture it because 1 considered as it was
plei
Ida
al n
otqluestion was my own freehold property.
it detached,l, and in the country there was
no risk of
fire. After the third alarm of
fire I went au oving
ani
seurtthe house and examined it care.
fully, and I
Mr. Lilley, a fa:: was quite safe.
amin'tetatied Cross, who was on a I
hood, and a gentle/tweet living in the neighbour-
13:0ead they proved that I
Was
ezteienntor's house, and
visit to him, were ex
they were sent for to the
examinedthat a f ter
ttlhlee hthouils'de fire
ed
SaNV it 4suiehed they also
were about to leave just at the raafenlo;, end they
the alarm of the fourth cenfiaarettei: nt when
fire given. It appeared that thea mo n 1 was
g
hro
the top of the house, the' roat :t
where, it seems, there had been a large qua:'
tity of waste paper kept. These witnesses also
proved that Miss Milligan was in their company the
whole time that elapsed between the third and fourth
fires, and that it was therefore impossible that she
could have caused the mischief. These witnesses,
as well as the prosecutor, were asked, as a matter of
form, with a view to eh
ow• that the act must have
bean committed by the
prisoner, whether either of
had set fire to the
f'
house, and they replied in
the negative,

Robert Howes, the man
servant
and the same question was , was examined
Put to him, and he also
replied in the negative.

Mr. Kennard, a superintendent of the Sussex

police, Was then called to prove that the prisoner
had made certain statements relating to the fire,
which did not, however, appear to be very material,
and this closed the case kir the prosecution.
Mr. Ribton then proceeded to address the jury
for the prisoner. He said that the case was un-
doubtedly one of a most extraordinary character,
and the way in which the prosecution sought to
establish the case against the prisoner appeared to
be by proving that no one else in the house had done
the act. He did not, of course, desire for a moment
to impute guilt to any one ; but it was obvious that
if the act had been committed by any one else, that
person would deny it, and if the prisoner had been
examined, and she had been asked the question, she
would have given the same answer they did. He
was then proceeding to observe upon the absence of
anything like direct evidence to support the charge
against the prisoner, when he was stopped by
The Jary, who expressed their opinion that the
evidence was not sufficient to support the charge,
and they therefore found the prisoner not guilty.
The learned Judge said he did not desire at all
to object to the verdict, but he could not help ob-
serving, in reference to a suggestion that had been
thrown out in the course of the case, that it was
absurd to suppose that the act could have been com-
mitted by Miss Milligan, especially when it ap-
peared that she would be so great a loser by it.

THE GAROTTING CASE IN WATERLOO-

PLACE.

Yesterday two young men, who gave the names
of Henry Chandler, 9, Victoria-place, Smith's-
buildings, Bermondsey, and Dennis Murphy, 12,
Herbert's-buildings, Waterloo-road, tanners, were
brought to Marlborough-street Police-court, and
placed at the bar before Mr. Knox, charged with
being concerned, with others not in custody, in vio-
lently assaulting J. Pilkington, Esq., M.P., on the
15th July, in Waterloo-place, and stealing from his
person a gold watch and chain, his property.
Mr. E. Lewis was for the prisoners.
Mary Hodge, 15, Friar-street, said—About one
o'clock on 15th July last I was in Pall-mall, near the
statue, close to the Athenteum Club. I was alone, and
I pointed out the spot to the police. I saw a gentle-
man go past. He was not exactly young. I believe
he was dressed in black, I saw a woman named
Amelia go up to him. I saw her put her hands in an
improper manner on him, but he did not want her,
and told her to go away. She went on him a second
time, and came back to Chandler, who was close
by, and said, " I've got his jerry," and Chandler
replied, " Very well, I'll settle him." With that
he up with his fist, and knocked him down. The
other man was with him, and he came up, and they
both used him shamefully. They put their arms
round his neck, and nearly strangled him. The men
and woman went to a public-house, and the watch
was sold to one of the prisoners' brothers.
Mr. Knox—How do you know that ?

Witness—Amelia told me so herself. The gentle-
man was not able to go away. I gave information
to the police and the soldier on guard.
Mr. Knox—Did you know either of these pri-
soners before ?

Witness—l knew them both as perfect thieves.

Cross-examined by Mr. Lewis-1 am a married
woman. My husband is in the 27th Company Royal
Engineers. I was about some business in Pall-mall

that night, and I could not get home before. I had
been to King's-cross on business to my cousin.
You may find out the business.

Mr. Knox—You must answer the question.

Witness--I went to Mrs. Drummond's, No. 2,
Somers-street. I do not know the time I went there
but I believe about nine o'clock. Cannot say when'
I left. It might be about twelve o'clock.
The witness, who is an Irishwoman, gave her
evidence with great sharpness.

Mr. Knox said the witness was cutting her own

,hroat by her manner.

Cross-examined—lt was her business why she
was at Pall-mall on the night in question, and why
she went to Pall mall on her way home to Friar-
street, Blackfriars-road, from King's-cross. The
witness here spoke with so much flippancy to Mr.
Lewis that

Mr. Knox said she was conducting herself
abominably, and he must have more decency while
giving evidence.
Cross-examination continued—Had never been in
trouble at the Mansion-house. Never lived with a
man named Toby. Was standing in Pall-mall about
ten minutes before she saw Amelia. Knew Amelia
as a thief. The police had pointed her out to her
as a thief. Had often been to Bow-street to see a
lady friend. Had not spoken to Amelia on that
morning. The first thing she saw was the gentle-
man knocked down like a brute. That was enough
for her to see. Did not say the watch was taken
first. The watch was taken when the gentleman
was standing on his feet, before he was knocked
down. Let the gentlemen come and speak for him-
self, if he is alive.
Mr. Knox said—The evidence of the witness is
one tissue of impertinence. At first I thought she
was drunk, but she says she is not. It is impossible
to put any faith in what is stated ; especially where
life and limb are in putperil. A more disgusting
exhibition in a witness-box I never before witnessed.
Mr. Superintendent Hannant said the witness
Hodge camp to the station-house, and made a state-
ment that she witnessed the assault on a gentleman
in Waterloo-place. She said the two prisoners,
and a woman named Amelia, were the parties. The
superintendent here gave the statement made at the
police-station by the witness, which varied in
several important particulars from the statement
above made.

Mr. Knox said there was a contradiction between
the statements.

Mr. Hannant said the witness took him to Water-
loo-place, and pointed out the place where she said
the gentleman was knocked down. The place was
about 100 yards from where the transaction oc-
curred, and was also on the other side of the way.
He could not imagine the motive the witness could
have for making the charge against the men. The
charge was a very serious one, and he did not feel
justified in not entertaining it, though he had his
doubts about the veracity of the witness.
The witness was recalled, and told to conduct
herself with more propriety.
Re-examined—Both stories were true. Did not
know which of the three said " I have got his
jerry." Amelia did not say so. Sbe said, "I have
not got his jerry. I'll go back and get it."
Mr. Knox referred to his notes, and pointed out
the entire discrepancy between this and the pre-
vious statement.

Mr. E. Lewis—Well, tell us which is the truth.

Witness—You may take his worship's statement.
It was Murphy put his arms round the gentleman.
I was near enough to see that the two men were
together. The woman was not with them. I don't
know which of the two men took the watch. I did
not see who put his arms round the gentleman. I
screamed a dozen times for the police.
The superintendent said the men were bad
characters. One of them had been convicted.

Mr. Knox said, had the charge been one of ordi-
nary importance, the way the witness had given
her evidence would have caused its dismissal as soon
as she had made her statement. The task was im-
posed on him of discharging the two prisoners, who,
even if they had been returned convicts, and shown
to ba the very worst of characters, could not have
been held in custody on evidence such as had been
given before him. The woman had perjured her-
self and contradicted herself iu every way. She had
given two versions of the same story, both incon-
sistent with each other; in short, the whole of her
story was a mass of shameless perjury. It was im-
possible that the Queen's subjects could be detained
in custody on such unsupported evidence, and he
should, therefore, order the prisoners to be dis-
euarged.

Paral
and deternainati:nii
LA.nvx ---- -
BnrrlmmENT.]—Holloway'g Ointment and Pills.-
1 jointBYZ -deep seated rbeumatism,, and stiff contracted
have a faxr 1-v cured by these medicines if they
single day. 'ill' But such diseases are not cured in a
tines he cannot fah
atient must have a little perseverance
and then, -with these powerful medi-
nate it may be. TC:oollquer his disease, however obsti-
into the parts affected
at tn'ent 'should be briskly rubbed
Luke-Warm water. The ;Pei have been fomented with
and the humours of the body by their action on the blood
to the ointment, and improve an admirable auxiliary
system. Directions for the 13,13-e aor„ invigorate the whole
pally each Dot 41).(1 bca. 'l/4 \elie medicines aCCOM•

E'l

7HE MILITARY MURDER AT BRIGHTON

At the Lewis assizes on Monday, before Baron
Martin, John Flood, 22, a smart-looking young fel-
low, a private in the 18th Hussars, was charged
with the wilful murder of John O'Dea, on the Bth
of June, at Brighton.
Mr. Roupell and Mr. Lumley Smith conducted
the prosecution ; Mr. Itibton defended the prisoner.
The learned counsel for the prosecution, in open-
ing the case to the jury, said he was quite sure from
its very serious nature that they would give it their
circumstances depe
depended
u
most serious and careful attention, as the life of the
upon their
which
verdict.hieh the
charge was preferred, which lay in a very small com-
pass. The prisoner and the deceased, it appeared,
were both privates in the 18th Hussars, three troops
of which regiment are stationed at Brighton, where
they are quartered at the Pavilion Barracks, in
Church-street. The affair took place on the Bth of
June, which was Sunday; and it appeared that the
prisoner was one of ten men who were appointed to
be on guard, and he and another comrade were on
duty at one o'clock, again at eleven, and at nine
o'clock at night he was again placed on duty with a
comrade, named Hughes, at the entrance of the bar-
racks in Church-street. According to the military re-
gulations it appears that ten rounds of ammunition
are served to each man in one pocket, but they are
not allowed to open this packet; and when they
s are on guard their carbines are not loaded. After
the prisoner had been on guard a short time he
asked his comrade Hughes to change positions with
him, as he said he wanted to see some one come in
at the gate, and he should be better able to do so,
and Hughes did as he was requested. In a few mi-
nutes the deceased and another private soldier
named Swires, came into the barracks, and the pri-
soner called out "Is that you, O'Dea ?" The de-
ceased replied, " Yes, Flood," and the prisoner
stepped forward, presented his carbine at him and
fired, and the ball passed completely through his
body and struck against a wall behind. He ex-
claimed, "Oh God, I am shot," and fell to the
ground, and he was taken into the barracks, and
medical assistance was promptly obtained, but it
was of no avail, and he expired shortly afterwards.
The prisoner did not attempt to make the slightest
effort to escape. His piece was smoking when he
was secured, and upon his being taken to the guard-
room he said in a composed tone, " All right, cor-
poral, lam not going to run away." There was,
of course, not the slightest doubt that the prisoner
was the man who shot the deceased, and upon his
packet of cartridges being examined it was found
that one was missing. After he had been locked up
a short time he inquired of one of his comrades who
came to see him whether O'Dea was dead, and upon
his telling him that he was not, but he was afraid
be soon would be, the prisoner replied "If he is
not dead, I hope that he soon will die." The
police were sent for, and the prisoner was
given into the charge of the superintendent,
who asked him if he had been drinking, and he at
first said that he had only drunk one pint of beer,
but he afterwards said that he had had three
pints of beer during the day, and a glass of rum,
but although the prisoner appeared to be in a sort
of studid state it was the opinion of those about him
that he was perfectly sober. The prisoner was then
removed to the :police-station, and, as is usual in
such cases, a police-constable, named Neeve, was
placed in the cell with him during the night. It
appeared that while they were in the cell the pri-
soner inquired of the policeman whether O'Dea was
dead, and upon his answering that he did not
know, the prisoner said ho was sorry that another
was not with him at the time he shot him, for then
he should go to the gallows comfortable. He then
said he had ,not the least notion of doing what he
had until six o'clock, and he also said that in the
early part of the day O'Dea, the deceased, had
threatened to give him a thrashing, and he told him
he was not a fighting man and he would not make
a blackguard of himself. Upon the prisoner being
examined before the magistrate, and his being asked
whether he wished to make any answer to the
charge, he volunteered the following statement :
" Yesterday morning, at nine o'clock, I went on
guard, and when I returned to the barracks I took
my ammunition out of the pouch and placed it on
the window, as I did not want to carry it about as
it was so hot. I went on duty again at eleven
o'clock, and O'Dea came to me, and abused me,
and threatened me. When I went back to
the barracks I put the cartridges into my
pouch for fear the sergeant should come and ex-
amine me. The carbine was not loaded by me, but
it was fired by me. That is all." With regard to
the statement of the prisoner that he had not loaded
the weapon, it appeared that although he was not
actually seen .to do so, yet that during the afternoon
he had been observed lying down in the barrack
room covered by his cloak and a rug, and that he
had his carbine with him, which he ought not to
have had, but which should have been placed in the
rack ; and as the weapon was a breach-loader, it
was stated that he could have easily loaded it at this
time without any one being aware that he was doing
so. The only assignable motive or provocation for
the commission of the crime by the prisoner appeared
to be this :—ln the regiment to which he belonged,
and generally throughout the army, it appears to
be the custom that the horses and accoutrements of
the men who are on guard shall be cleaned by some
of their comrades, who are told off, as it is termed,
for that purpose; and that the men belonging to
the 18th Hussars were in the habit of holding a sort
of mock court-martial among themselves and pun-
ishing any of their comrades who did not properly
perform their duty or misbehaved themselves. On
the day this affair happened it seemed that the duty
had devolved upon the deceased to clean the pri-
soner's horse and accoutrements, and that he com-
plained to the prisoner that he had left him a very
dirty saddle to clean, and the prisoner replied that
the saddle was quite clean when he left it, and the
deceased then said that he should have him tried by
court-martial.

The evidence that was adduced completely bore
out the above facts, but it was elicited by Mr. Rib-
ton, in cross- examination, that these court-martials
among the men were held without the knowledge
or sanction of the officers, and that upon two occa-
sions the prisoner had been so tried for some petty
offence, and that he had been stripped and flogged
in the barracks by one of his comrades, with his
doubled belt, according to a sentence that was
passed upon him. It also appeared that the prisoner
had been four years in the regiment, and that he
bore the character of a quiet inoffensive man, and
that the deceased was a very violent man, and that
he was continually abusing him, and that he had
gone to him while he was on duty on the day the
affair happened and made use of bad language to
him, and he was served with a sort of formal no-
tice that he was to be tried by a court-martial for
leaving his saddle dirty, and was told that he would
be flogged as he had been before. It likewise ap-
peared that during the afternoon of the Bth of June
the prisoner had drank two pints of ale, and that
while he was on guard some girl with whom he
was acquainted took him a couple of glasses of rum,
and there is no doubt that he was to some extent
the worse for liquor when he committed the act.
Mr. Ribton, at the close of the case for the pro-
secution, made a most able and eloquent address to
the jury for the prisoner. He said the isssue they
had to decide was a most awful one, for upon their
verdict it would depend whether the wretched man
at the bar, who might be said only to have arrived
at the very dawn of life, was to be consigned to the
scaffold, and be deprived of his existence by an igno-
minous death—a fate that must inevitably follow if
they returned a verdict of guilty upon this charge.
He then proceeded to state that all he could
attempt to do was to endeavour to induce the jury
to find him guilty of the lesser offence of man-
slaughter, and he said it appeared to hini that there
would justify
were circumstances in this melancholy case that
them in coming to that conclusion.
The learned counsel then referred to the facts
given in evidence, and said there could be no
doubt that the unfortunate deceased was a vio-
lent man, and that he had repeatedly in-
sulted the prisoner ; and that the latter,
although he had been admitted by his officers to be
a good soldier and a well-behaved peaceable man,
had been subjected to a great deal of ill-treatment
at the hands of his comrades. He submitted, there-
fore, that at the time he committed the act he was
smarting under the treatment he had received from
the deceased, and that the act might be considered
to have been committed in hot blood, which would
justify the jury in acquitting the prisoner of the
crime of wilful murder, and convicting him of man-
slaughter only.
M r. Ba ron Martin, in his summing up
to the j ary,
said he felt it his duty to state that a great many
of the topics that had been introduced by the learned
counsel for the prisoner ought to be dismissed alto-
gether from their consideration, and they must act
upon the law as he should lay it down to them, and
without any regard to the consequences of the ver-
dict they might pronounce. Tho learned counsel
had complained that in this country a jury could
not in such a csse as this find that the murder was
committed under extenuating circumstances ; bat
he must observe that a verdict of guilty, if it was
accompanied by a rec)mmendation to mercy by the
jury, amounted to tie same thing; and if there
really were extenuating circumstances in the case
such a recommendatien was always attended to by
the Crown. His lordship then briefly alluded to
the facts that had been deposed to by the witnesses,
and he said that it was very probable that the de-
ceased had made use cf rough and threatening lan-
guage to the prisoner; but the law of England did
not for a moment consider that this was any
usti
fication for taking human life, and it appeared to
him that if they believed tho evidence the offenchuman

AUGUST 0, 1882,

of the prisoner amounted to the crime of wilful
murder.

The jury retired to deliberate IlDon their verdict,
and were absent about an hour. Upon their return
into court they found the prisoner Guilty..
Mr. Avery, the deputy clerk of arraigns, then
asked the prisoner in the usual form whether lie had
anything to urge why sentence of death should not
be passed upon him.
The Prisoner replied—l was greatly excited by
the way in which 1 had been treated, and by drink,
and did not know what r was doing. lam now
very sorry, and repent what I have done.
Mr. Baron Martin, having put on the black cap,
addressed the prisoner, and said that after a long
and careful trial, and a most able speech by the
learned counsel on his behalf, he had been convicted
of the crime of wilful murder, and the jury had con-
sidered everything that had been urged in his favour
most attentively before they came to that decision.
It appeared to him that no one who had heard the
evidence could have come to a different conclusion.
It was clear that he had received some offence from
the deceased, and that he brooded over it, and this
and the drink he had taken had led to the commis-
sion of the act ; but these were circumstances that
afforded no justification, and it appeared to him that
there was nothing in the case which reduced the
crime to one of manslaughter. The real fact, no
doubt, was that having, as he supposed, received
some ill-treatment at the hands of deceased, he de-
termined to revenge himself upon him, and carried
out his intention in the most deliberate manner.
It was now, therefore, his duty to pass on him the
sentence of the law, and at the same time he felt it
right to say that he could not hold out to him the
slightest hope that mercy would be extended to
him, and he should be leading him astray if he were
to do so. When one man shot another in the manner
he did, if ever the punishment of death was to be
inflicted, it appeared to him it was impossible to
avoid it in such a case, and he therefore exhorted
him to prepare to undergo the great change that
inevitably awaited him. His lordship concluded by
passing sentence of death in the usual form.

The prisoner, who seemed to be very much af-
fected, and who cried bitterly during nearly the
whole time of the trial, almost fainted when the
sentence was pronounced, and he was assisted from
the dock by two of the turnkeys.