The Sun.
London, England, 1865-12-15 00:00:00

THE SUN, LONDON, FRIDAY EVENING, DECEMBER 15, 1865.

IT J. ani D. NICOLL, Tailors to the
• Queen, Royal Family, and Courts of Europe.
For GENTLEMEN the .FASHIONS for the SEASONS,
for the promenade or demi-dress—Superfine frock coats,-
with rich-silk breast facings„Tor morning coats of superfine
Melthn cloths, the charge for the former, being fly t 0,41;
guineas; for -the latter 2,1., to 31 guineas. For neglige
purposes, mornincoat4.•witli, pocket -:fiaps,at. the waist,
also the neglig6 rackets; 'tress are of Melton, fatty
ings, Angola and CheviotS, the prices from 255. to 4.
guineas. The Angolas and Cheviots are also made in
suits, at prices from 2 to 4 guineas; evening dress, black
cloth of the finest quality: • For Overcoats—Melton,
Beaver, and Witney cloths, from 2 to 8 guineas. For
young gentlem6a' from eight years of age—The morning
coat and neglige jacket.; also suits of Angola and Cheviot,
the prices according to size, commencing at 31s. 6d„ the
suit. For bos,§ from four 'years of age—The' Knicker-
bocker and Highland costume of black velvet, or fine
cloth for dress, and of Angolas and CheviOts for morning,
the price of the first size Knickerbocker, 1 guinea the suit.
For Overcoats—Melton, Beaver, and Witney cloths, from
Ito 2 guineas each. Foreigners and visitors to London,
Manchester, and Liverpool will find. at- Messrs. Nicholl's
garments ready for immediate use, or made at- a few hours'
notice,H. •J. and D. Nicoll, 114, 116, 118, 120, Regent-
street; 22, :Cernhill,, London ; 10, Mosley7street, Manz'
chester ; and 50, Bold-street, Liverpool.

ROYAL NAVAL, MILITARY, and
GENERAL LIFE ASSURANCE soumry (Esta-
blished A.D. 184. under Royal Patronage), 17, Waterloo-
place, Londun, z..W. . .
A ItT Il UR- R. HAMILTON,- Secretary.
Agents ivante i in towns not yet represented.

AuCKAND, - NEW ZEALAND.= Messrs.
ALEX. F. RID(iWAY and SONS, General Agents
to the. Provincial Government of Auckland, 41, Leicester-
square, Lundon, give notice that they.continue to
grant orders to enable eligible Emigrants of all clas4es to
citoose for ihemsdves FRES GRANTS of LAND, tor 40 or
20 acres for each person, in this the best of her Majesty's
colonies _ _

No person is entitled to a land orier as a right.
Assisted passage 4 granted to a very limited number of
inarritd persons and sin2le 'females.
Messy. A. 10. Ridgway and Sons will not be responsible
fbr any tatement ins e by any other persons than them-
selves respecting* emigration to Auckland, New Zealand.

InE QUEEN'S CONCERT
.ROOMS,
Hanover-Equare.— l'he Louer Hall tf this splendid
suite of Rooms nriy now bc ENGAGE i) for Ileettngs, Lee-,
tures, Entertainments, Wedding Breaktas'ts, Bazaars, &a.
The La+g,e Hall may likewise be engaged for Ital a, Conlerts,
Bazars, and Public Meetings. Early appli ations •are se-
fip-CtilliiV s "kited. For terms apply to Mr. Fish, at the
Rooms.—Xo B COCKS, Proprietor.

IVHAT DO THE WILD WAVES SAY
r . NOW? - That the FIr.IIY CROS-; has arrived,
bringing come niagnifl3ei,t Fi A lii)W `JONGOU.S of delicious
flavour, at d whi,:h may ow be had, at a mere ( ornmissonion.
the impost price, of the EA-T INDIA: TEA CO -PAN Y,
No. 5, Great 6t. Chu: cliyard, Bish ,pega7e-street.

WINTER OVER-COATS of the BEST
31 ATE RIALS aid LATPIS ST I LE, at Lir
prices, at

HAMILTON. AND KIMPTON'S, -
.TAILORS A\ D OVER-COAT ;NIA KERS,
105, Strand (opposite Exeter Hal).

JOIIN GO SN ELL and CO.'S CHERRY
4T.10'11 PAS r is ereatiy superior to si.y tooth
powder; gives the tee.h a pearl whiteness, protects , the
en3mel from decay, and imparts a pleasant ira,i-rance to
the breath. Pri e is. 61—Bull Wharf, Rotherhithe, Lou
don.

STARCH MANUFACTURERS
TO H. It. H. TIIE PRINCESS OF WALES.
,CILENFIELD PATENT STARCH,
Used in the Royal Laundry,
kyi

AND AWARDED THE PRIZE MEDAL, 1862.
Sold by all. Grocers, Chandlers, &c. &c.
WOTIIE RS I'OON and CO., Glasgow and London,

TO ALL in DEBT or DIFFICULTIES.—
Consultation Gratis. -JAIIES GOLDRICK, Attorney-
at-Law, and -olicitor of all the Courts, obtains immtdiate
protection for the person and property of r.b..btors, in to to or
country. to'reth,:r with en Le relief from all debts and lia-
bilities, under a recent CrA of Parliament, in all cases with-
out imprisonment. Cliar2es moderate, payable by instal-
ments. r very desc..i, tion of legal busine,s conducted, in-
cluaing Bankruptcy, Cbance,y, and ! ivorce cams. W.l s
sear( bed for and otli 3,, copies obtained. Claims ramie out aro
m ney an 1 property rec ivercd. -Offices, 1, Binnswic-street,
Liver oul. and :142, rtr.nd. London, W. Strictly lrivatc
and confidential. N.B —County Courts attended.

MR. HOWARD, SURGEON-DENTIST, 52,
leet--trect, has iiitrodueed art enti clv new (triter p-
MAI of A ICI IIOWI A L I' El: 1' 11, fixed ‘vithoilt springs, wil es,
or liestur, s They to perlecly ri.emb e the natural teeth
as nut to be distioL;ulshed fro th., originals by the closest
otiservi r; they w It never change colour or decay, and will
be foun I tuperior to any tei VI ever before used. This
method does not require t e extraction of roots, or any pain-
ful operation, and wit: support and pres.rve teeth that are
loose, and is guaranteed to restore articulation an I mastica•
tion. Decayed teeth stopped and rendered sound and useful
in mastication.

52. Fleet-street. At home from 10 till 5.

who was very drunk at the time, a quarrel ensued,
which the prisopk- unelasped lA's knife, with which he
inflicted several:evere wohnilB, frorn the effect.,; of which
he died on the follOving day. :.",

After evidenee•of. the. death of JoLu Nilliani Avery, the
leppsition,; of Jim deceased, lion on 1 Ite 18th of Au_gust,
were 'put'lo(l- in,- iAeffect as
folloiEts"'E "Tie prifiOner' is my .13 rot h e'r, Last night:, about
8 o'clock, we were both in the' slaughter-house. I com-
plained of his not having dressed a sheep, And words took
place bet Ween us. I gave him a push across the slaughter-
house,, and then he hit me with his fist. I hit him back, and
then he pulled out his pocket knife, and stabbed me in my
right. side. I' did, not see, him open the 'knife or see it until
after I felt I was stabbed. He 'stabbed me four times in
my side and cut me on my ear, but this was during the
wrestle. I believe I closed and wrestled with him as soon
as be had stabbed me first. My wife came into the slaugh-
ter-house and saw us wrestling, but we continued wrestling
until we got into the kitchen, When she separated us. My
brother had been drinking. We had boon on good terms
before. When I hit him back, I hit him as hard as Lcould.
He got into' a passion when -I pushed him, and he Was in
a passion when he stabbed me, and all the time of the
quarrel. • If I had not pushed my brother I don't believe
ho would have stabbed or struck me. I know the wounds
are serious, but I have no belief that I am dying."
Mi. Grantham then tendered the depositions of Mary
Avery, the- widow of the deceased, and called
James Akhurst; police-constable, to show that she was
in an unfit state lb-travel. Ho proved that he'had seen
Mrs. Avorylast night, that. she had been recently confined,
and that he believed she was unable to travel. '

Mr. Besley objected, and . .
The learned Judge ruled the- police-Constable's evidence
insufficient to let in the depositions.
Mr. Grantham then called the father of the deceased and
of the prisoner to prove his daughter-in-law's inability to
travel. Ile' said she had been recently confined, and he
believed she Was unable to come.

Cross-examined by Mr. pesley-E-The prisoner 'told me
he inflicted the wounds in peril of his own life.

Mr. Justice Willes—lf you continue to object on behalf
oflthe prisoner to the admission of the deposition's, which
clearly ought to be in, I". 01611 be, bound to apply the same
strict rales to your own cross-examination.,

Mr. Besley—J withdraw all objections.
Cross-eXamiriation continued—l produce the shirt worn
by the prisoner. The neck and shoulders were saturated
with blood. The, prisoner had several severe wounds, one
an inch long on the, scalp. The prisoner said the deceased
kno-cked him doWn and' kiaelt upon- his.breast, and that he
inflicted the wounds beCause he was in'Peril of his life.
The depositions of Mary Avofy, the widow of deceased,
were then read. She said that she went into the slaughter-
house and found her husband and the prisoner wrestling.
Her husband had thrown hhn down and was holding him
down. _She saw t 1 knife iu :Thomas's baud. They both
went into the kitehep. The deceased told her Thonias had
stabbed him. The deceased then turned round and threw
the prisoner down-again.

Richard Gravely—l am a surgeon, practising at Newick.
attended the deceased and made a p 0.4 ntortem examina-
tion. The deceaSed had five wounds, all on the right side,
which' produced the inflammation of the bowels from which
ho died.

Cross-examined—l saw a wound upon the prisoner's
hand, and a contusion on the scalp. The wounds on de-
ceaSed might have beeninflicted inVolUntary in the course
of a struggle with a man who had an open knife in his
hand. The knife produced might be used for dressing
sheep.

Re-examined—lt is not a knife ordinarily used for such
purposes. I cannot say how the wounds were inflicted.
Mr. Justice Willes—l have heard a medical witness
answer that, as action and reaction are equal and opposite,
a wound inflicted by a knife being pushed into a man might
arise. from a man's pushing. himself against a knife. That is
the true answer to all such questions.
James Akhurst produced the trousers worn by deceased,
and they were cut in five places.
Mr. Grantham having summed up,

Mr.l3:3sley addressed the jury for the defence, and urged
strongly that it was probable the prisoner had the knife in
his hand when the struggle commenced, and that the
wounds were unintentionally inflicted during the struggle.
The jury, after a short deliberation, found the prisoner
guilty.

The father of deceased's widow recommended the pri-
soner to mercy.

The learned Judge, addressing the prisoner, said he had
been convicted upon evidence which it was impossible to
resist of the crime of having taken away his brother's life
by stabbing him with a knife. He agreed with his learned
counsel that he could not have been convicted of murder,
but that was entirely due to the fact that his brother had
used some violence towards Lim before heresisted and used
a deadly weapon. Manslaughter committed with a knife
called for the most serious notice of the Court, and it was
incumbent on the Court to be very careful that anything
done in mercy" should not be misunderstood. There could
be no palliation, but there might be circumstances to guide
the Court in inflicting punishment., There was his youth.
Inthenext place there was the provocation, which he had
received, and, further, the recommendation to mercy from
such a• quarter. Those circumstances might justify him
in refraining from passing a sentence of penal servitude,
but he must suffer a substantial term of imprisonment.
The sentence of the Court would be that he be imprisoned
and kept at hard labour for 18 calendar months.