The Sun.
London, England, 1853-08-10 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—LANCASTER, AUGUST 8.
MURDER.—James Thompson., i 3, education imperfect,
and Was. Bentham, education imperfect, were indicted
for the murder of John Carlisle, at Heskin, on the 7th
of July last.
Tho coroner's jury had found a verdict for manslaughter
only, and a bill was sent before the grand jury for that
offence, but they suggested to the judge that a bill for
murder ought to be sent, and the bill was altered ac-
cordingly.
Mr. Jno. Cross stated the case for the prosecution,
and called Isabella Carlisle, who said she was the widow
of deceased, who was 51 years old. On the 7th of July,
at 2 o'clock, he went to a beer-shop and she followed
him. About half-past 7 o'clock she went to another
beer-shop. The prisoner and several others were there.
Bentham said to Thompson, "Jack's yonder, Yak
into him," meaning her husband. Her husband and son
were both at the door, but he went and sat down near
the prisoners. Thompson said he would kick both him
and his son, and immediately dragged him off the chair
and struck him repeatedly, and fell on him, and called
to Bentham that he was biting him, and Bentham ran
at him and kicked him on the face, and then three times
on the left ride. Thompson was then upon deceased,
and Bentham told him to get off and kick, and he did so
on the lower part of his body. The landlord then came
and lifted deceased into a chair and afterwards got him
home, and the prisoner and the rest of the company fol-
lowed, and prisoner said if witness would send her son
out they would serve bins the same. Her husband
vomited a good deal of blood, was put to bed, and a sur-
geon sent for next day, and he died the Sunday following.
Cross-examined—Thompson is a cripple and forced to
walk with a crutch. Her son is 18 years of age. He
dare not interfere to protect his father. She did so, but
was taken off by some of the party. Her husband was
a little tipsy.
Re-examined—She saw no blow struck except by the
prisoners.
James Carlisle, the son, corroborated his mother. He
is a small boy.
Thomas Sumner said he was at the beer-shop, and a
quarrel ensued between Bentham and an Irishman.
Carlisle interfered to protect the Irishman, and Bentham
said he should have a d—d good hammering for it.
That was in the early part of the afternoon. He after-
wards saw the affray.
Cross-examined —Carlise only took the Irishman away.
Thompson said to Carlisle he had bitten him, and he
acknowledged he had.
Mr. Bamford, surgeon, said he was called in on the
Bth. Deceased was snffering from severe pain of the
bowels, and was , constantly vomiting. He was then
sinking, the case was hopeless, and he died on the fol-
lowing Sunday. He made a post mollem. examination,
and und the spletn was ruptured, which had caused
inflammation and death. Kicks were sufficient to cause
the injury.
The prisoners, when taken into custody, made state-
ments inculpating others. n
Mr. Blair addressed the jury for'flue prisoners. He
submitted that the only question was whether the pri-
soners were guilty of manslaughter. He then called
John Ashcroft, 19, who said he was in front of the
beer-house, and saw the prisoners and two or three
more, go in. In 10 minutes Carlisle came out and
asked for his son, lie was not there, but witness went
in soon after and saw Carlisle upon the floor, and
Thompson upon him. The latter called out he was
biting, and Allen, one of the company, took up Thomp-
son's crutch and pushed it as Atard as he could at Car-
lisle's belly, on the right side, which made him threw up
his legs. There were about 10 persons present, all of'
them rather drunk. Bentham never stirred from his
chair and never spoke.
Thomas Eaton said, after the affray asked
Thompson ask d
Thompson to let him drink of his beer, and he did so,
and they seemed reconciled.
Cross-examined--Carlisle seemed in great pain, and
complained of his bowels.
William Makinson said Thompson and Carlisle began
quarrelling, and got on the floor 'together, both fight-
ing. The prisoner Bentham never touched him, nor did
Allen.
By the Judge—Isabella Carlisle did not get hold of
Thompson.
John Golding said James Carlisle, son of deceased,
said Allen had come to their house and gave his father
3d., and asked him to forgive him. He afterwards
brought them some potatoes, and said that should not be
all, it he would say no more about it.
Witnesses were called, who
racter for quietness. gave the prisoners a elm
Mr. Cross replied, and submitted the prisoners had a
preconcerted malicious intention.
Mr. Justice Wightman summed up. He told the jury
it was a momentous inquiry, both as respected public
justice and as respected the prisoners. The first ques-
tion would be whether the deceased died from any vio-
lence inflicted by the prisoners, or either of them, and if
be did, then, secondly, was there malice prepense ?
To
find them guilty of murder, the jury must be satisfied the
prisoners intended to inflict grievous bodily harm at least.
Under all the circumstances, he did not see how they
could be satisfied that the prisoners deliberately intended
to do injury dangerous to life ; but if they were satisfied
that the prisoners inflicted the injury of whichless cr t e m
ime
died, the prisoners could not be guilty of a
than manslaughter.
Tho jury deliberated a short time, and then acquitted
man-
the prisoners of murder, but found them guilty of
slaughter.
lordship addressing th© prisoners, said the crime of