The Sun.
London, England, 1847-04-08 00:00:00

ourtbMition

CRIMINAL COURT.-(THIS DAY-
OLD COURT.
THE MURDER IN SHOREDITCII.
(Continued from our Afternoon Edition )

Mary Jarvis, the mother of the last witness, stated
that the prisoner came to her door and opened it.
He exclaimed " Where is she—where is she?" She
added, " You know very well where she is." He then
ran down stairs, and immediately after she heard the
report of a gun, and she at first thought he had shot her
daughter. When he came first she did not see the gun
in his possession. After the report he ran up stairs into
her room, took hold of her arm, and exclaimed, "I have
done it—l have done it." He repeated this to her hus-
band, who was present. Her daughter ran in and ex-
chimed, " Oh, Tom, what have you done !" He made
no reply, and fell on her neck and kissed her. A con-
stable came and took him him into custody.
Cross-examined—When he first came he did not
appear flushed or excited. Her daughter slept with
her.

Joseph Brooks, a boy, the prisoner's brother, said lie
lived in the same room as his brother. While he was in
bed his brother came into the room. Ile heard some
one run up the stairs before he came. lie did not see
what he did, as it was dark. There was a gun in the
room. His brother remained in the room two or three
minutes. There was a powder flask in his brother's
box when he went to bed. Soon after he heard the re-
port of a gun, about a minute or two after.
Police-constable, 201 ll—Was on duty near Hare-
court on the night in question. His attention was
called to the spot by shouts. He found the deceased on
the ground dead, and a ramrod near him. He went up
stairs and found the prisoner on the first floor with a gun
in his possession. He was about giving it up to some
person. The prisoner's father was there. The father
made some remark about what he had done, to which
the prisoner replied, "I have had my revenge; he has
injured my mother and sisters, and I have been re-
venged. If I had not done it he would have killed me."
Told the prisoner that Gibart was dead, and took him
into custody. He made no resistance. Found
,some
bullets upon him.

Inspector Harris deposed that the prisoner stated, at
the station, " If I had not done it, perhaps they would
have murdered me. Two of them threatened to drag me
out ten minutes before."

Mr. R. Hanoch, surgeon, High-street, Shoreditch,
said he was called to see the deceased. He found him
lying in the passage. He was quite dead. The wound
he had received caused instantaneous death.

This was the case for the prosecution.
Mr CLARKSON then proceeded to address the jury on
behalf of the prisoner. He said, although they might
not exactly understand the difference, in the eye of the
law, between manslaughter and murder, yet it was
clearly defined amongst those who followed the profes-
sion of the law; and to him it clearly appeared that the
prisoner was not guilty of murder, but of the lesser
crime of manslaughter ; for when they reviewed the
whole of the facts which had transpired in the course
of the inquiry, they could not fail to be of opinion that
the prisoner had been irritated by the deceased and
others, and that, considering that he and others in-
tended to do him some grievous bodily harm, he felt that
he was but defending his life in what he bad
done. They could not fail to be struck that this
was the actuating motive in the prisoner's mind at the
time he committed the rash act. It was most remarkable
that they had not heard until to-day of the expression
which the prisoner used with respect to his sister.
Mr. Justice COLERIDGE desired Mrs. Jarvis to be
called. She stated that the prisoner's sister had coha-
bited with the deceased for about twelve months before
the occurrence. She did not know that any ill-feeling
subsisted between the prisoner and the deceased with
respect to this intimacy.
Mr. CLARKSON said it was a lamentable fact that per-
sons in the 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
woman, 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. Ills
temper was thus 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 danger,
he rushed into the house, seized his gull, and shot the
deceased. There was considerable discrepancy between
the statements of the various witnesses with respect to
the time which elapsed between the threat of the pri-
soner and 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 with respect to brief portions of
time. It would be for them, therefore, to consider
whether the deceased and others had or had not so ir-
ritated and goaded the prisoner as to render him not the
master 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,
but he could not help thinking that the deceased was the
author of his own death, and 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. lie 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 a
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
Counsel concluded by an earnest appeal to the jury on
behalf of the prisoner.
Mr. Justice COLERIDGE then elaborately and carefully
summed up the evidence, and clearly explained to the
jury the difference between murder and manslaughter.
The jury retired to consider their verdict at twenty
minutes aftet 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.

ROYAL MAIL STEAM-PACKET
C OMPANY.—(TII IS DAY.)
The general annual meeting of this company was
held to-day, at the London Tavern, at one o'clock, for
the purpose of receiving the report of the directors,
and fur electing two directors in the place of Mr. T.
Baring, M.P., and Captain Mangles; and also for the
election of an auditor in the place of Mr. A. B. Robarts,
all of whom retired by rotation, but were eligible for
re-election, for which they offered themselves. The chair
was taken by Mr. Colville.
The advertisement convening the meeting having
been read,
The CHAIRMAN said he had to regret the news which
had arrived, by way of Mexico, of the loss of the Tweed,_e
H
the reports respecting which were mainly correct.
would then call upon the Secretary to read the report,
which is as follows :
" The working account, as contrasted with that of the
preceding year, shows an increase in the disbursements
amounting to 10,890/. 3s. 2d., occurring chiefly under
the heads of wages," provisions,' and stations: The
general rise in the rate of seamen's wages, an addition
to the pay of the officers, which the Coutt have consi-
dered for the interests of the company, and the extra
charge arising from having to send out the Eagle for
intercolonial service, to replace the City of Glasgow,
will explain the increase under the head of wages.'
The increase under the head of provisions' is to
be attributed to the additional number of pas-
sengers, and, in part, likewise, to the change
of intercolonial steamers alluded to above. The
charge for stations' has been increased by the es-
tablishment of an agency and other arrangements at
Panama, and by the expense incurred in increasing the
coaling accommodation and general efficiency of the
depot at St. Thomas. The only charge upon the Insur-
ance Fund during 1846, is a sum of 275/. 2s. Bd., arising
out of sundry small liabilities; and it will therefore be
seen that the investment under this head up to the end
of the year amounted to 49,281/. 55., which htssincoe,,
been augmented by the annual appropriation
total
25,000/. for the year 1847, making,
•explained the principal causes which
of 74,2811. 55., now invested in 31- per Cent. Liovaernaie nt
Stock. Having
amounting to
y to
notice
that the
have of c3ass i oonde d
ti ni cs rme aossetds dents,
ati
issbfua
or st
oe n
10,890 . .
ou t
receipts from freight and passage money show an
am n,
aug-
mentation to nearly double that exhibiting an
improvement upon the year 1846 of 20,6971. 16a. 101
It is moreover matter of congratulation to notice that
this steady advance (with the single exception of outward
freight) has occurred under every head of receipts from
cargo and passengers, outward, intercolonial, and home-
ward. The small falling off of 5181. 4s. 7d. in outwit d
freight may be ascribed to the shipments of quicksilver
betweenr , n eo nt
that
ea qt uceonuchet r
yo f a tnhde
theCommencementUnited t
eo
sf
for Mexico having been interrupted during the first part
hostilitieso f th e y ea
of North America. The surplus upon the working
account shows an increase upon the year 1846 amounting
to 9,8071. 13s. Rd., and so far as the transactions of the
year 1847 can be known at present, the receipts of the
Company are still steadily advancing. The arrange-
ments for conveying passengers and treasure across the
Isthmus of Panama are now completed; and an agree-
ment has been signed by the Royal Mail Steam Packet
Company and the Pacific Steam Navigation Company,
fixing the rate of freight, and all other particulars, so
that there shall be every encouragement for par-
ties to avail themselves of this line of com-
munication between the Atlantic and the Pacific Oceans.
Unceasing exertions are made, not only to keep the
company's ships in good repair, but to giro them addi-

tional strengthening where necessary, and to improve
their passenger accommodation by all the means that
experience can suggest. Six ships were re-coppered,
and two ships received new boilers in 1846. Three ships
have been re-coppered already during the present year,
and one ship is now receiving new boilers. Two other
sets of new boilers are in progress, one of which, if not
both, it is hoped to get put on board before December
next. These measures, and bringing the Conway (a new
ship) into operation, will, it is trusted, maintain the
service in that full efficiency which is as essential to the
interests of the company, as it is desirable to insure the
punctual discharge of its contract with her Majesty's
Government. •
Tweed " Since the above report was
been
dived acothnifisrmmaetrionn
of the loss of the Twehas .
a , h
ing. The loss of-life, in addition
et
it
i
t o thats
satisfactory
titshfeaestheirpy,
is deeply to lamented,
to find that the energy and firmness of ' the
passengers, as well as that of the officers and crew,
were tended enauch under'
were most praiseworthy,
Providence, to the ultimate safety of the survivors who
reached the reef from the wreck': It would be prema-
ture to offer any comment on this unfortunate accident,
but the circumstances shall be strictly inquired into."
The CUAIR3IAN said that, before putting the report,
it was satisfactory to sate thee arrangements e
thehad been
made to prevent any deficiency in carrying e
ser-
vice in the West Indies. The vessel at present employed
there had proved insufficient for the purposes fbr which
she was intended, and the Conway wouljeconsequently
shortly leave Southampton for that duty''. He had also
great satisfaction in drawing attention to the first fruits
of the arrangement for forming a communication across
the Isthmus of Panama, there having been an arrival this
morning, both of passengers and produce, from the
western side of the isthmus. This was the only point
that required any particular remark, and he would there-
fore put the adoption of the report to the meeting.
On the report being put,
Mr. RIDGWAY said that he particularly desired that
there should be some explanation of the working of the
company in the months of August, 1845 and 1846.
Mr. PovenErt suggested that this matter bad been
settled at the last general meeting, and it was therefore
incompetent to entertain the matter at all.
Mr. Renowar contended that it was a subject that
the meeting could entertain, but as he had expected a
large increase in the amount of his dividend, he could
not but complain of the increase in the rate of the sala-
ries at Southampton, which, he stated, amounted to at
least one-twentieth of the amount of the whole of the
receipts. He was also inclined to question the lumping
of the several items in the accounts; indeed, he was
dissatisfied altogether with the state of the accounts, and
thought that they might be much more clearly rendered.
He saw also that there was to be a new ship purchased,
and he wished to know what was the name of that ship,
as there were several naval men present who knew the
merits and demerits of every vessel on the coast, by
whom the judiciousness of purchase might be estimated.
—(lt being suggested that this might be injurious to the
company, the Hon. Proprietor refrained from further
remark.)—At any rate he wished to know whether the
Conway was to take out freight or a letter bag. He
saw also that there was an outlay of somewhere about
55,000/. with the Bank of England, or elsewhere.
The CHAIRMAN, in replying to the observations of
Mr. Ridgway, said that the question of the working of
the company in the months of:August, 1845 and 1846,
bad been entirely settled at the meeting in October.
With respect to the rise in salaries all he had to observe
was that there could be no worse economy than that of
fixing the salaries so low as to obtain the services
only of inefficient persons, and he thought further, that
if the directors were entitled to the confidence of the
proprietary that no question should be raised on such a
matter as this. With respect to the Conway, as it was
desirable that she should reach her destination as quickly
as possible she would carry out neither freight nor a
mail. With regard to the 55,000/. now out upon loan.
he had to remark that it was de posited with the North-
Western Railway Company, from whom ample security
is held, and the cash is already yielding dividends to the
company. The losses of vessels since the establishment
of the company had been the Medina, the Solway, the
Isis, and the Tweed, besides the Actmon, a small steamer
employed amongst the islands.
By the general account it appeared that during the
year, up to December 21st, the expenses were 285,4784
Is. 7d., while the receipts were 407,1161. 18s. 2d., show-
ing a profit of 121,6381. 9s. 7d.

The CHAIRMAN then proposed a dividend of 11.155. per
share, which was unanimously agreed to, as also that it
should be payable on Tuesday, the 13th instant.
The retiring directors and auditor were re-elected,
and thanks hating been voted to the Chairman, the
meeting was dissolves, its members evidently been well
pleased with the proceedings of the day.

NORTHERN COUNTIES UNION RAILWAY COM-
PANY.—It is said that the Glasgow, Dumfries, and
Carlisle Company are trying to negotiate with this
company for its purchase, so that they may be
enabled to connect themselves independently with the
east coast of
,England, which to the Glasgow, Dum-
fries, and Carlisle Company would doubtless prove a
most valuable acquisition.
SOUTHAMPTON, Arum 7.—The Peninsular and
Oriental Company's ship Achilles, Captain Wilson,
arrived at the Motherbank this mornin,g. llcr mails, in
charge of the Admiralty, were forwarded in sufficient
time for the eleven o'clock train. Sho had been dis-
charging her cargo the whole of the day at the Lazaretto,
and is expected to arrive in the docks.this evening, or
early to-morrow.

PARISI' OF KENSINGTON.—Last evening, at six
'clock, the poll fur the election of churchwardens finally
closed, and at seven o'clock the numbers were declared
as follows:—Chancellor, 677; Sape, 628; majority for
Chancellor, 56. The result was received by the Vestry
in silence. A protest against the proceedings was
handed in, on the ground that although the written de-
mand of a pill did not specify under what statute it
should be taken, the votes had been entered _under
Sturges Bourne's Act, which admits of plurality of
votes.

CORN WALL AND DEVON WRESTLlNG.—Yesterday
the wrestling at the Brccknock Arms was resumed and
concluded. At four o'clock the umpires proceeded to
couple the standards, and some admirably contested
bouts came off. That between Snell and Ellicombe
being the great feature in the day's play, they contested
for nearly an hour, victory seeming inclined to one no
more than the other. Ellicombe showed play first, and
threw his opponent frequently by the cross-buttock, but
never a fair back-fall. Snell at length got his favourite
hold, and threw Ellicombe a fall which, after much dis-
cussion, was pronounced by the referee to be a fair one.
The wrestling between Jenkins (Cornwall) and Hut-
chins (Devonshire) was much applauded, and, after a
long and scientific struggle, Jenkins threw the latter by
the back heave. Jenkins also faced Snell, and struggled
long and skilfully, though unsuccessfully, against very
surerior weight. In the third time over, Kemp (D.)
threw Byrom; Clarke (D.) backtripped Gager (C.);
Snell (D.) buttocked Jenkins (C.); Ball (C.) odd man.
Fourth time, Clarke (D.) grassed Kemp (D.); Snell
(1).) threw Ball (C.) G. Snell thus obtained the first,
and Clarke the second prize. Ball and Kemp now con-
tended for the third prize, which Kemp (D.) won by
throwing Ball quickly and cleanly. The winners are all
from Devonshire.

THE FINE ARTS.—Yesterday afternoon a prelimi-
nary meeting of gentlemen connected with literary and
scientific pursuits, and interested in the promotion of the
fine arts, was held at the saloon of the Adelaide Gallery,
Strand, for the purpose of taking into consideration the
propriety of establishing an annual exhibition of pic-
tures, sculpture, and drawing, intended for the Royal
Academy, but which the committee of that body are
compelled, from want of space, to refuse. William Car-
penter, Esq., was unanimously called on to preside.
After a discussion, in which the Rev. J. Richardson,
LL.D., Captain Brander, Robert Soutar, Esq., Bertie
Ambrose, Esq., IV. Carpenter, Esq., H.Justins, Esq.,
and other gentlemen took part, the following resolutionyb
was proposed by the Rev. Mr. Richardson, seconded
add
" That
their e iar num-
ber, com-
m
Mirt.teSeobuetanr,owanfudremaerdri,ewdiuthnapnoiwnieoru stloy
for the purpose of carrying out the object of this
meeting."
SUDDEN DEATH IN TAVISTOCK-SQUARE.—Yester-
day afternoon, shortly after three o'clock, as a respect-
able man, named Benjamin Somers, residing at No. 9,
Sandwich-street, Burton-crescent, was passing along
Tavistock-square, he was observed by the passengers
suddenly to stagger and fall with great violence on the
pavement, whilst at the same moment an immense
stream of blood was observed to pour from his mouth.
He was conveyed with all possible speed to a surgeon's
in the neighbourhood, but death, it appeared, had been
almost instantaneous, caused, it was believed, by the
suddi ri breaking of a blood-vessel of the heart. The de-
ceased, being at the time unknown, was conveyed to St.
Pancras workhouse, where he has been since identified
by his friends.
L o r d
who was thrown from his horse Jack, while. riding for
BrAowcncitoDwitcsiTecil the LORDseco second d sonß iwo
wf
the °Marquis CECIL.—Lord
E c i
of Exeter,
the Five Sovereigns Sweepstakes, at the Windsor Steeple
at first anticipated. His horse, which had cleared
Chases, on Tuesday, met with more severe injuries than
was
the last brook beautifully, and had got the lead by
several lengths, fell at the second fence after the brook,
throwing its rider, and partially rolling over him.
Before he could be dragged away by the bystanders, his
Lordship was struck by the next horse, which was over
the brook, and rendered for a time insensible. Upon
being taken to the infantry barracks, and placed under
the care of Mr. Richardson, the regimental surgeon to
the Scots Fusilier Guards, in which regiment his Lord-
ship holds a commission, it was found that his shoulder
was dislocated, in addition to a severe wrist sprain, and
bruises on various parts of the body—the latter being
occasioned, as it is supposed, by his horse rolling over
him. The shoulder was set within an hour after the
accident, and up to yesterday evening his Lordship was
going on very favourably.
SOUTH DEVON.—The apple-trees in the orchards
• " •

in this county present a fine appearance of bud ; some
trees are already in full bloom. There is every prospect
at present of a large quantity of cider being made. The
weather is very mild, and fine showers of rain have
fallen ; vegetation is growing rapidly. The hedge-rows
are decked with numerous sorts of wild flowers ; the
woods and groves resound with the joyous melodies
of the feathered songsters. All nature looks beautiful
and gay in this part of Devon's fair county.
THE GENERAL ELECTION.—We believe we may
confidently announce that every effort will be made by
the Government to bring the business of the session of
Parliament to a speedy termination, with a view to a
general election. We hear that it is considered not 'un-
likely that the prorogation will take place some time in
June, and the dissolution will immediately follow. The
Legislature must, of course, assemble soon after the eatc-
tion has terminated, but it is very doubtful whether
other than the necessary business, such as the .eill fenf tei;
a Speaker, &c., will be entered 110441—cilig,
Guardian.