The Sun.
London, England, 1847-04-09 00:00:00

Mr. CLARKSON said it was a lamentable fact that per-
sons in die class of life of the prisoner were frequently
in the habit of living together like the deceased and the
prisoner's sister. But was it a wonder that so much
immorality existed, when houses, like that in which the
prisoner lived, were parcelled out in single rooms to
whole families, and that where, as in this case, the father,
and mother, and daughter, who was grown up, all
resided in one room, that great laxity of morals prevailed.
But there was -no reason to presume that the young
vvotnan., Mary Jarvis, cohabited with the prisoner. She
herself had -denied it. Let them look at the facts
adduced. The prisoner was found at his residence at
ten o'clock at night; he was called out by Eaton, be-
lieving, no doubt, that he was alone; he was induced to go
to the top of the- court, where, he was abused, aimed at
by the deceased, and struck on the head by him. I its
temper was this naturally aroused, for he had been irri-
tated, and struck, and threatened, and it was equally
natural that he should resent such conduct by defending
himself. Maddened, and fearing that he was in dagger,
he rushed into the house, seized his gun, and shot the
deceased. There was considerable discrepancy between
the statements of the various witnesses with respect to
the times which elapsed between the threat of the pri
sonar awd the report of the gun. It was just probable that
when they said ten minutes elapsed, only three or four
might really have elapsed. Nothing was more falla-
cious than evidence eith respect to brief portions of
time. It would be for them, therefore, to consider
whether the deceased and other had or hail not so ir-
ritated and goaded the prisoner as to render him not the
mater of his actions—whether he was or -was not in
that state of mind which the law required to constitute
manslaughter. It was a most melancholy occurrence,
bu, he could not help thinking that the deceased was the
author of his own death, aid that they could not, on
their consciences, convict the prisoner of the high crime
of murder NO doubt the deceased and the other young
men concerted together for the purpose cf goading the
prisoner, and of leading him into violence, and that
he was induced to come out in order that they might,
annoy him. He was not there to justify or to excuse
the act of the, prisoner. He had been guilty of a
grievous act of violence ; but, looking at the whole of
the case,. he apprehended that they could not convict
him of murder. Nothing had been adduced :to show
that the prisoner loaded the gun for the purpose of
shooting the deceased. 'He had been shooting rats in
the cellar a short time before ; and <it was
possible that he might have left the gun loaded in.
his bed-room, and taken it up in a fit of despe-
ration. It was equally possible that the deceased
simply came to the door for the purpose of frightening
the deceased and others with the gun, and that is
struggle ensued between him and the deceased for the
possession of the gun, and that the ram-rod fell out and
the gun went off and killed the deceased. The Learned
Couns 1 concluded by an earnest appeal to the jury on
behalf of the prisoner.
Mr. Justice COLERIDGE then elaborately and carefully
summed tip the evidence, and clearly explained to the
jury the difference between murder and manslaughter.
The jury retired to consider their verdict at twenty
minutes after three.

•
The jury returned into court at a quarter to four with
a verdict of Manslaughter.

Mr. Justice COLERIDGE sentenced the prisoner, in the
most impressive manner, to be transported for life.
The prisoner sobbed bitterly during the passing of
the sentence, and was led away in a helpless state,
suffused with tears.