The Sun.
London, England, 1838-01-01 00:00:00

CRIMINAL COURT-(TIIIS DAY.)

This morning these sessions commenced before the Right Hon. the
Lord Mayor, the Recorder, Alderman Sir C. Marshall, Mr. Alderman
Harmer, and the Sheriffs, &c.

The Grand Jury, whose foreman was Mr. Richirds, late M.P. for
Kuaresborough, has e been impannelled, the Recorder addressed them
as follows :—Gentlemen, the in'erval which has occurred between the
late and present se?sions has been so short, not exceed;ng a fortnight,
that the calendar presents only a proportionably small number of pri-
o.iCrB—about 150; but that number will, in all probability, be in-
creased, before your labours are concluded, to 200. Tee calendar,
however, contains several offences of great magnitude. There
is one charge of murder, four of manslaughter, and many cases of
larceny, and stealing by servants. As far as I can collect from the
depositions there is nothing in these eases involving difficulty, in matters
of law, except the charge of murder, upon which I will make a few ob-
servations. As a general proposition of law, malice is inferred on the
rat- y who has occasioned the death of another from the very fact of the
killing, and, in sirictness, the law expects the alleged necessity, acci-
dents, or infirmity, which justify, excuse, or extenuate the act of
killing, to be proved by the prisoner, unless they arc proved by the
evidence adduced on the part of prosecution. But in the present
case you will have to consider whether the prisoner did or did not earn-
mil the ,ct of killing with a premed:tatel purpose of mischief against
the deceased. It would not be right to go minutely into all the cir-
cumstances disclosed by the depositions. I may, however, generally
advertise you of the fact that the death is represented to have occurred
from the use of a knife; and that when the prisoner occasioned the
death, he had received from the deceased a previous provocation. It

also appears that he deceased striking a female in his company was
the immediate provocation which induced the prisoner to commit the
act. If you shall find that the prisoner uttered vindictive expressions
against the deceased before the quarrel occurred in which the death took
place, and that he carried the knife about his person for some time
previous, it will be for you to say, whether the weapon was so re-
tained for the purpose Of using it, and whether the quarrel was of
his seeking, as a pretence for thus using it. If it should appear on
the other hand, that the blow was inflicted through the infirmity of
human nature, with no previous intention to use the deadly weapon
suddenly, and without premeditation, the crime will then be reduced
to manslaughter. Should the facts, however, on which you would
feel inclined to come to this decision be surrounded with difficulty
and doubt, it will be your duty to put the case in a train of inquiry
before the higher Court. After cautioning the Grand Jury, as he had
done on former occasions,against too hastiliy ignoring bills because the first
two or three witnesses for the prosecution did not fully prove the case,
the Learned Recorder dismissed them to the discharge of their im-
portant duties, which he was sure would be equally beneficial to the
country and honourable to themselves.

The Petit Jury was then called over.
One individual, who stated himself to be a licensed Dissenting
preacher, begged to be excused from serving.
The RECORDER asked him if he was in business, and he redlied in
the negative. He had sold his house and shop, but worked a little in
private to supyort hiinself, as he had no stipend.
he RECORDER feared that his case did not come within the rule of
exceptions ; hut if they could dipense with him, they would, as a
favour, but not a matter of right, discharge him from attendance.