The Sun.
London, England, 1847-08-19 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN ClRCUlT—Liverpool, August 17.
(Before the CHIEF BARON.)
Matthew Gatenby was indicted for the murder of his
wife, Jane Gatenby, by jumping upon her person and
striking her with a poker.
Mr. Sergeant Wilkins and Mr. Ovens conducted the
prosecution; the prisoner was defended by Mr. J.
Pollock.

The prisoner and his wife lived in the borough of
Manchester, and were both persons of somewhat intem-
perate habits. The unfortunate deceased was much
addicted to drink, and this had frequently been a source
of great irritation to the prisoner. The week on which
the decased met with the injury which resulted in her
death was the Manchester race week. She had attended
the races, and on several occasions Ind come home very
much intoxicated. On Saturday, the 29th of May, she
was in the neighbourhood of her own house, and was
so drunk that she required to be assisted home by a
person of the name of Ann Hayward, one of the wit-
nesses called for the prosecution. On going into the
house she said, "If Mat comes down he'll kill me;"
and, hearing the prisoner descending the stairs, she
sank down on the floor from a chair in which Mrs.
Hayward had placed her. The prisoner on coming
down and finding her in this condition stamped upon
her belly as she lay upon the ground, and taking tn,
the poker, struck her several times on the same part
of her person. Mrs. Hayward and some persons who
came in succeeded in getting the prisoner away, and re-
moved the deceased to bed. She said that she was a
killed woman, and that her husband had killed her. In-
flammation of the peritoneum came on, and in the
course of the following day (Sunday) she suffered a
miscarriage. She continued to get worse, and died on
the Wednesday. Before her death she told the medical
man, in the presence of the prisoner, that the latter had
knocked her down on the Saturday before, jumped upon
her, and struck her with a poker. The prisoner, who
was in liquor, cursed her, and said he wished he had
killed her.

It appeared that on the Thursday previous the de-
ceased had been knocked down in the street by a horse
drawing a van, arid was a good deal frightened, but
there did not seem any reason to suppose that that oc-
currence was connected with her death. She herself
stated that she was not hurt, and was, the same even-
ing, dancing before the door of Mrs. Hayward, being
then in a state of intoxication. On the Friday she went
to the races, and on the Saturday on which she suffered
this violence from the prisoner she seemed to be in her
usual health.
Verdict—Guilty of manslaughter. Sentence deferred.
George Leach was indicted for the murder of Francis
Dakin, by stabbing him.
Mr. Sowler and Mr. Milne conducted the prosecu-
tion; the prisoner was defended by Mr. Sergeant
Wilkins.

The prisoner, it appeared, kept a beer-shop, at Chorl-
ton-cum-ITardy, and on the occasion when the deceased
met with his death the prisoner, deceased, and a person
of the name of Cookson, were drinking there. The pri-
soner's wife was also present. All the men were very
much intoxicated, and in the course of conversation
some dispute arose between the deceased and the pri-
soner respecting the wife of the latter. The prisoner, in
speaking of his wife, had applied some very coarse ex-
pressions to her in the presence of the deceased. The
deceased said she did not deserve such language, that
she was a decent behaved woman, and that if she were
ill-treated he would defend her. The prisoner said he
would not have any one interfering between him and his
wife, and went out of the room into the kitchen, where
he was heard rattling some knives in a drawer. De-
ceased went after him into the passage leading to the
kitchen. where he was met by the prisoner, who had a
knife in his hand, which he plunged into the body
of the deceased to the depth of eight or nine inches,
penetrating the pericardium, and causing his instant
death. He neither spoke nor moved after he received
the blow. Cookson called out—" George, what have you
done ? You've killed poor Frank !" The prisoner
said he hoped he was not dead, and begged them to send
for a doctor. He said, `• Oh, if he's dead I shall go
mad a bit !"

The prisoner, on his apprehension, stated to the officer
that it was an awful job, but it was through his wife.
Ile said, " I told Frank if he followed me into the
kitchen he might expect something. I took the knife
from the dresser, but I did not think it would go so far.
I hope he's not dead. I'd give anything if I could re-
store him ; we've always been such good friends."
Mr. Sergeant WILKINS addressed the jury for the
defence, and sought to show that there had been some
scuffle between the prisoner and the deceased, the heat
of blood arising from which had caused the prisoner to
commit the act. Cookson had stated that the prisoner
had a cut in his lip, and a Mr. Ragg, who was called for
the defence, stated that a short time before the occur-
rence he was in the beerhouse, and there was then no
mark on the prisoner's face. All the parties were then
very much intoxicated. Mr. Ragg was a teetotaller.
The deceased had formerly been so also, and jeered Mr.
Ragg respecting it in a very insulting way, seemingly
inclined to quarrel. It was contended that the mark in
the prisoner's lip must have been caused in some per-
sonal conflict with the deceased, although, from the ex-
cessive intoxication of all the parties, they had no recol-
lection of it.

His LORDSIIIP summed up the evidence very minutely,
and left it to the jury to say whether the prisoner had
committed the act from sudden provocation arising from
some conflict between the deceased and himself, and
in the heat of blood consequent upon it. If so, that
would reduce the offence from murder to manslaughter,
but the mere fact of the prisoner's intoxication would
not have that effect. Every man was responsible for the
acts which he committed while in a state of voluntary
intoxication. It would be for the jury to say whether,
from all the circumstances of the case, the subject and
the nature of the conversation which had taken place
between those parties, together with the evidence of Mr.
Ragg, they had any reason to believe that there had
been some personal conflict between them, and some
provocation, which had induced the prisoner in the heat
of blood to commit the act which had resulted in the
death of his companion.
The jury retired for nearly two hours, and returned a
verdict of Guilty of an ag'ravated manslaughter.
His LORDSHIP, in a very impressive address, sentenced
the prisoner to be transported for life.

WESTERN ClRCUlT.—Bristol, August 17.
The commission for holding the assizes for this city
was opened here yesterday afternoon by the Mayor,
the Chief Justice having been detained at Devizes by
a most severe cold. The business is much heavier
than usual, the entry consisting of 55 causes ;
many of them, however, will not take much
time., To-day at twelve o'clock Chief Justice Wilde
took his seat on the bench, and the business commenced.
Several undefended actions were disposed of, but nothing