The Sun.
London, England, 1812-08-04 00:00:00

the louse ; 'remembers ter father often tlitcatt
ing,to take their lives, and one young brother,
v.liose head he threateteil to cut off with a hat-
chet ; witness cried out, ail her mothfsr Caine
in, and prevented his intention ; be had the hat-
chet in his hard ; the child was eight years old;
he gave him no offence, but was in his way. ; .he
seized the child' and placed his head on a chair ;
the mother rescued the child, till the pasSio-n got
off the father ; he 'Was at other times as fond of
the child as of any of the. family ; her father often
put her mother out of the house, • soinetiines in
inclement weather ; they then fled to neighbours
house's ; knows John Robinson, who lives near
thim, and he frequently saw the bad treatitient
of he; father ; endeavours were made to get him
'here; but ineffectual ; father often threatened to
set Robinson's house on fire when drunk; soine-
time; broke the furniture and windows of his own
house on such occasions ; knowsi.)r. Alexander,
he came here from Scotland at last Assizes. Ex;
traordinary. conduct of prisoner has been attri-,
buted to a hurt in his head when young; prisoner
had no recollection of_ these' excesses next day ;
be rider appeared to be in a deranged state • but
when in liquor.
Here the defence closed.

Neal O'Neal, witness for prosecutionYswo,rn7—
tives in Belfast; knows the prisonier 5 has done'
so a good many years ; saw him almost every trip-,
he made; had dealings with him, and has drank
with him ; aftrdrinking and• when in' liquor,.
has transacted business with witness, and never
made any-mistake 5 witness -is ,clerk to Alexander
Findlay. soap-boiler• and shandler, -and settled
accounts with prisoner when drunk, for Mr.
Findlay never heard of prisoner getting a hurt
in his. head till, last Patrick's• day, had seen pri-
soner behaving very roughly at times when in

' .-
Herethe evidence finally closed.

The Learned Judge then, in a very luminous
charge, impressed upon the Jury the necessity of
a particular attention to the evidence, !as it bore
upon the prisonerrat the bar, both as to his having
committed the attpf which he stands charred;
that- act haying been the cause of the
.deceased's
death, of which, his Lordship observed, he con-
ceived they would have ,little doubt ; but more
especially respecting 'the state
,of the 'prisoner's
mind at the time, and all the circumstances con"
netted therewith, which
,were for their solemn
consideration. His Lordship observed, that he
did not, think any impression should be made on
the minds of the Jury by the alleged absence of
any witness on behalf of prisoner, who certainly
had'suflicient time _since September last to pro-
duce any witpesses whose testimony could be of
service to, him, and Were such delays admitted,
there would be no end to it, and they would flaw.,
rally tend to frustrate the ends of public justice.
His- Lordship then expatiated upon the whdle
merits of the case, observing the facts were not of
a complek nature, but such as the Jury could readily
estimate ; but the manner and -circumstances of
thosejacts were' uch as demanded their most seri-
ous attention. There was 'no evidence- whatever
of any previous, dispute, or irritation offered to
prisoner,
.and consequently no antecedent malice-
could exist:in the mind of the prisoner; but there
did appear to be what the law terms implied ma-
lice therein.: such implied malice -evinces itself,
among other 'ways—by the use of a deadly wea-
pon,. and in, this s, ise. the evidence justified the
presumption of such malice desiring the death or
.serious injury of the deceased'; and if such au act
as thiS was done by a person in the comptent
use 'Of his senses- then it was his . duty to inform
them that ,it did amount to actual murder, and
could not be deemed any inferior degree of homi,.
cide. Hewould be guilty of much injury to,so-
clety., were he not to ten them that the species of
derangement necessary-to be proved in such cases,
must be a derangement of intellect; disqUalify-
ing the subject from knowing what. lie did, and
not the result of intoxication, or of any other vo-
luntary act on the part of the prisoner: There
,would be little security to, society if intoxicki-on•
and its consegnenceS could be admitted injustifi-
cation of But there is one pdint in the
present case for their consideration=it had -been
asserted, that the prisoner at the. bar, had/receiv-
ed a hurt on his head, in his youth, but of this
they had no distinct evidence whatever. -
He had conducted his own business for twenty
years before without apparent derangement, and
in the very act of which he stands accused, he.
manifested the same state of mind, although un-
der the irritation of ungovernable passion. We ,
lament our limits will pot _permit- our followil*
the Learned Judge throngh the \thole of his en-
lightened charge. The Jury, after, retiring about
ten minutes, returned a verdict of—Guilty.
_ _

The Clerk of the Cr(An then addressed the
prisoner in the usual form—" You, Montgomery
Brown, heretofore stood indicted for the wilful
murder of Charles Moore, for trial of which you
put yourself on God avid your Country, 'which
country have found/you guilty ; what have-, you
now to say, why judgment of death and execution
should not be awarded against you according to
law ?-

Priloner—g' IMy Lord, if .I am play of it; I
know nothing 'of it ; Plead no malice to the gen-
tleman,: I did not know I acted the crime."

The Jti:!ge then addressed the Prisonci in
nearly the fcllowing terms .
Montgomery Brown, you have. been found
guilty of murder, on -clear and most satisfactory
evidence. it is verytrue you had no previous-ma-
lice to tliis unfortunate man. Your Jury have
'been told so ;"but they havelound,y4u guilty of in-.
Ilicting a mortal Wound, without the slightest pro-
vocation. it is proper that the equity of the' law.
under which yolt suffer' should tie laid before the
.eyes of this "country. You have been found guilty
of plunging a knife into the body of the innocent
victim—a deadly weapon,=with the utmost ma-
lignity of heart, and hufried 'a young man, re-
cently married, out bf the world. A greater
crime you could not be guilty of precipitating
him to the grave in the prime of,lifc ; depriving
his child of a father,_and his wife of a,loviog hus-.
band. You have committed tlsat crime which
stands marked With.the utmost abhorrence of-Ilea-
You stepped-between him and Providence,

y 0 2Y.

_ .
, .n ffiat' dod 6 t 6 dispOse.
Of human life ;: and you are deprived of the un-
availing plea of unconsciousness in the . commis
sion of this direful ctime, unless your having no
pro Vocation is to be considered a proof of your
madness. This was -the madness of wickedness 5
and you. have given vent to 'your brutal fury in the
sacrifice of this. innocent-man, I am nt4 bound
to tell you, you are to expetl no mercy in. this
world here you have but a short time to
The law, to mark its abhorrence of your crime,
has shortened
_the period of your existence. That
short interval 'employ _in seeking the kiv.ercy of
/leaven.' Let not' your mind be distracted with
any vain hopes of inercy,in this world. • His Lord-
ship -then prOceeded t 6 pronounce the awful sea-,
tence.-of the law; in the nsual-solemn terms, viz.
—to be hanged ),lolidav, and his hody to ke deli-
vered to,the Surgeons of the County Infirmary-for
dissection. The litisoner triade no reply, but,U,ras
silently-removed to the Jail.

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4 per Cent. 7;i
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