The Sun.
London, England, 1865-06-08 00:00:00

ASCOT RACES.

Acceptances for the Ascot Stakes of 25 soya each, 15 ft, and
only 5 if declared, with 200 added. Two miles and a
half. 53 subs ;27 declared. The highest weight accept-
ing being Bst 71b, it has been raised to Bst 121 b, and the
others in proportion.

Age st lb
Planet 4 8 12
Accident ... ... 5 8 12
Stanton !... a 8 10
Hippolyta 4 8 10
Flatterer ... ... 4 8 6
Gibraltar ... a 8 5
Tomato ... ...4 8 4
Hollyfox 4 8 4
Bally Edmond a 8 3
Ethelred ... 4 8 1
Ross ... 6 8 1
Bradamante 4 7 13
Privateer ... 4 7 12

Age st lb
Alabama ... ... 4 7 7
Eleanor ... 5 7 5
Barchettina 5 7 4
Nuneaton ... 4 7 3
Moose 5 7 1
Auricula 4 7 1
Sprite ... 4 6 9
The Scheldt ... 3 6 9
Scarborough 3 6 9
Auditor ... 3 6 5
Cobweb ... 3 6 4
Redmire ..43 6 3
Arkansas 3 5 12

The Charge of Homii

ide against a Surgeon.

Last evening Mr. Humphreys, the Coroner for Eastern
Middlesex, held an inquest at the Mile-end Old-town Work-
house, Bow, on the body of the man who was shot, under
the circumstances narrated in The Sun of Tuesday in the
report of the Thames Police-court. The body of tho man
had been identified as that of a ship painter, living in the
district, and named Thomas Solomons, and a rumour was
current in the neighbourhood that he had been accustomed
to visit some one in the house of Mr. Debenham, the sur-
geon, by whom he was shot.
Mr. Lewis, sen., of Ely-place, attended on behalf of Mr.
Debenham, and Inspector Hayes watched the case for the
Police Commissioners.

Francis Keys, who described himself as living in a house
the yard of which was at the back of Mr. Debenham's gar-
den wall, deposed that he well knew deceased, with whom
he was on Monday keeping holiday. The deceased, he
stated, was at his house with his father, mother, and sister
until about 11 o'clock, when he was desired to go as he was
very drunk and it was getting late. Deceased accordingly
went, and passed out at the front door, which was locked
after him.

In cross-examination witness stated that his sister had
formed a connexion with tho deceased man, by whom she
had had a child, but that she had not lived with him of
late because he was a married man, though ho was a fre-
quent visitor at their house. Ho was separated from his
wife and was living in lodgings. _ _ _

The sister of this witness was called, and she corrobo-
rated her brother, and positively asserted that the deceased
had never visited her by the back way of the house.
Mr. J. F. Sergeant, the assistant to Mr. Debenham, de-
posed—l sleep at Heath-house, the residence of Mr. Deben-
ham, and about 12 o'clock on Monday night I was called
from my bed by Mr. Debenham, who said that some one
was in the garden. I jumped out of bed and followed him
to his bedroom,' and looking where he pointed I saw a black
mass, like a man, crouching near the washhouse. Mr. De-
benham called out loudly "Who are you? If you don't
speak I will fire," or " I will shoot." I do not know which
he said, but it was to that effect. Mr. Debenhehn waited
some little time, and then cocked a pistol, which gavo a
voryloud click. He gave the man plenty of time to answer,
and then fired. After firing he said that the man was hit,
and we put on our things and went down stairs, where we
held a consultation as to whether it would be the better
course to go into the garden or for the police, and Mr. De-
benham decided to go for the police%
Tho Coroner—But you knew the man was hit, why did
you not go and see to him ?—Well, we had seen him fall,
and we were not sure whether he was or was not shamming.
The Coroner—Did you not go and see after the man un-
til the police came ?—No ; we thought it would be better
for me to stay on the premises until the police came.
The Coroner—Was this black mass, as you call it, stand
ing up or lying down when you saw it before the shot was
fired ?—Well, it was crouching by the wall of the house.
The witness then went on to say that when Mr. Deben-
ham returned with several policemen the back door was
unbolted and they all went into the garden, where the de-
ceased was found lying with a bullet wound in the temple
and quite dead.
In cross-examination by the Coroner the witness said
that there were plenty of people it the time going up and
down the neighbouring thoroughfares, and that he was
quite sure Mr. Debenham only called out once before firing.
The shot was fired from the second floor.

In answer to Mr. Lewis witness stated that during the
last three months there had been symptoms of some one
trying to break into the house. Did not notice Mr. Deben-
ham saying he would fire off the pistol to frighten the 'man
or men.

A sketch of the house and of the adjoining premises was
hore shown, and some speculation was aroused as to the way
the man had got into the garden, most of the walls being
very high. •

W. Stretch, police-constable No, 696, A division, stated
—On Monday evening last I was on duty outside Arbour-
square station, when Mr. Debenham came running towards
me, and asked me to send a constable down to his house.
On my asking him what for, he said, "I was in bed, and
hearing a noise, I got out, went to the window, and, open-
ing it, looked out. I there saw a dark figure crouching in the
corner near my kitchen window. I called out, Who's there ?
what do you want. ?' several times, but received no answer.
I went and called my assistant, and we both looked out of
window together. My assistant told me he saw something
black in the corner, and, after calling out once or twice
Who's there ? what do you want ?' I said, If you
don't speak I will shoot you.' I then fired, and I think
he fell." Orders were given by the acting inspector that I
was to go to the house of Mr. Debenham, and in the garden
I found the man, who was warm, but on examination by
Mr. Debenham was pronounced to be dead. He had a bullet
wound on the left temple, and the shot had gone through
the brim of his hat.

The hat was produced, as was the weapon with which the
death was caused, and which was a self-acting revolver.
Inspector Hayes pointed out by the ground plan of the
building that the deceased might, by getting over a five-
foot wall in the front of the house, gain access to the place
where he was found.

Mr. Sergeant was recalled, and, in reply to Mr. Lewis,
stated that Mr. Debenham said, when putting on his
trousers, after firing the shot, that he fired high to frighten
the man.

Wm. Baynes, coachman in the employ of Mr. Debenh9m,
recognised the deceased as a man who was often about his
master's premises, and whom he had warned away, there
having been several attempts at burglary made.
Mr. Debenham then said he was willing to answer any
questions which might bo put to him, and, after having
been cautioned in due form, he said, in answer to his soli-
citor—ln firing the pistol I desired to alarm the man. I
pointed it in the direction of the man, but I thought above.
him. When he fell I thought he was shamming, for he did
not moan or groan.

Mr. Lewis—Had you the remotest intention of shooting
the man P—l did not of killing him. I meant the shot to go
near him to alarm him. I certainly thought he was getting
in at the kitchen window, as I was aroused by a noise like
a window going up, and when I spoke the noise ceased, but
was renewed when I stepped back into the room. There
was a piece of brick knocked out of the wall, as though it
had been struck by the bullet, which would then have
glanced on to the man. Deceased was a perfect stranger to
me, and I am sure he did not come to my premises after
anybody in my house.
The Coroner said—lt is proved beyond all doubt that
the deceased man died from the pistol shot which Mr.
Sergeant saw Mr. Debenham fire at that man. In these
few words we arrive at the whole case, and the question
will arise, under what circumstances was the pistol fired,
and what crime has been committed by this act, for crime
has undoubtedly been committed in the taking of a man's
life. The law holds that homicide is a crime, though it may
sometimes be caused under circumstances of so very pecu-
liar a nature as to take from it the full force of wilful mur-
der. You have had it in evidence that the premises of Mr.
Debenham have been apparently attempted on sundry
occasions by burglars, though nothing has over been
missed from the house, and on Monday, the proprietor,
roused from his rest by a noise, saw a crouching figure in
the garden near the kitchen, which any one might sup-
pose a burglar making an attempt to enter the house
would enter first. Mr. Debenham challenged this per-
son, and getting no answer calls his assistant, and then,
fn Mr. Debenham's own words, ho called out for the man
to answer, threatening, " I will shot you," and fired the
shot which killed tho man. Then comes the very serious
question for you—what is the magnitude of this crime com-
mitted by the person who shot the man ? The law holds
that to kill is murder, and it is only by the circumstances
that the crime is reduced to manslaughter. A man has a
right, in defending himself against an attack, and, if abso-
lutely necessary for his own preservation, to take the life
of a person ; but he is not justified in taking the life of that
person if he could get away without doing so, and before
the act of taking life under these circumstances can be
called justifiable it must be made perfectly clear that the
man killed was about to commit a felony in taking the life
of the one opposed to him. Ido not think this case can be
called a case of that character, even if the man was in the