The Sun.
London, England, 1851-12-13 00:00:00

to do so until after the deathtof the deceased, which took

place on the following Monday. He tuen found a
wound which had penetrated the eye and fractured
the orbital plate of the frontal bone. There was con-

siderable laceration and the brain had been injured,
which had been the cause of death. The wound had

been about two inches in depth, and little splinters of
bone had got into the brain. He should think that
the wound had been made by a knife, but he would
not say that it might not have been made by a shar-
pened piece of wood.
Mr. MoNK addressed the jury for the prisoner, and
urged that there was no proof of malice in this case to
sustain the charge of murder. There was no doubt
that the blow given by the prisoner had caused the
death of the deceased, and no one regretted it more
than be did, but the blow was given in a moment of
extraordinary provocation, and that circumstance, in
the absence of malice, made the offence manslaughter.
Mr. Baron PARKE summed up the evidence, ex-
plaining to the jury the law as it respects the charge
of murder, and what amount of proof of provocation
was considered to be necessary to reduce the crime to
that of mauslaughter.
The jury, after a short consultation in the box, re-
tired from court, and had not returned when our re-

port left.
Francis Mawdesley, aged 23, was indicted for the
manslaughter, on the 8:h of Decernbar, at Prescot, of

Juhn Chesworth.

Mr. Raffles prosecuted, and Mr. Tindal Atkinson
defended the prisoner.
It seemed from the evidence in this case, that on
Monday evening last the prisoner, the deceased, and
some other men were drinking together at a public-
house in Snig-lane, Prescot. The conversation
turned upon a fight which had taken place on the
previous Saturday evening between William Ches-
worth and another man. The deceased boasted
that he had challenged every man on the field to
fight, except the two who were actually engaged.
Upon this the deceased said, " Well, it's now then,"
and they accordingly adjourned about a quarter-past
ten o'clock to a field close at hand. The only witm ss
of the fight was a man named Ilulme, who said
that they fought 13 or 14 rounds, and that it was a
fair fight. The deceased received several severe
blows from the prisoner, and, soon after they had
given up fighting, was seen to stagger up against some
rails, and began to vomit. The prisoner asked Huline
to take him home, which he did, and a surgeon Ras
immediately sent for. From the first he considered
the case hopeless, he being in an apoplectic fit, evi-
dently arising, as was his opinion, from external vio-
lence. There was a rupture of the stomach of a very
serious nature.

His LORDSHIP, on proof of these facts, put it to the
Learned Counsel for the prisoner if he would address
the jury, and told them, that the death having evi-
dently been caused in the manner alleged, they must

find the prisoner guilty, and
The jury having accordingly convicted him,
His LORDSHIP said he should deal leniently with
the prisoner under all the circumstances, and sentenced
him to three weeks' imprisonment.
NISI PRIUS COURT.—(Before Mr. Justice ERLE.)
James Aspden, 57, was charged with having, at
Blackburn, on the 22d of November, killed and slain
Paul Parkinson.
Mr. M'Oubrey prosecuted, and Mr.ißlair defended
the prisoner.
It appeared that about nine o'clock on the night of
the 22d of November, the deceased and two other
boys named Eccles and Waddington were walking
up Dar wen-street towards Blackburn. When pass-
ing near the house of the prisoner, who is a clogger,
one of the two other boys heard the sound of a blow
falling on the head' of the deceased, but the person
who gave the blow was seen by neither of them.
Eccles and Waddington then ran off, and at that time
saw no more of the deceased, but soon after Wad-
dington returned, and found him sitting on the foot•
way, whence he was removed to the Hare and
Hounds public-house. It further appeared that a
boy named George Tierney, who was going in an
opposite direction to that in which the three boys
were, met them, and after they had passed turned
round to look after them, when he saw them crossing
the road. They were about the middle of the road
when this boy saw the prisoner strike the deceased,
apparently with a walking-stick. The deceased fell
close to the footpath, and on Tierney going up to
him he said " Oh, dear," and was very shortly taken
to the Hare and Hounds, where he died in about 20
minutes. From the evidence of a woman named
Alice Todd it seemed that the deceased might have
fallen upon the kerb-stone, and Mr. Pickup, the
surgeon, who saw the boy, said that the contused
wound which he found on the side of the boy's head
might have been caused by a blow from a stick or by
a tall upon the kerbstone. A bloodvessel hod been
ruptured, and there was some coagulated blood on
the brain. When the prisoner was taken into custody
he expressed great regret for what had happened, and
said that the boys had been calling him names and
throwing stones into his shop, upon which he had run
out, and struck one of them with a stick, not intend-
ing any harm. It was admitted on the part of the
prosecution that the character of the prisoner was
irreproachable.
The jury found a verdict of Not Guilty, upon

which - -
The Learned JUDGE discharged the prisoner, say-
ing that he was sure his own feelings had been a
sufficient punishment, and cautioning him against
using such a stick as had been described against a
child in future.
Frederick Jones and William Walker, two boys,
who had pleaded guilty to an indictment charging
them with presenting a pistol at Ellen Wood with in-
tent to rob her, were called up in the course of the
morning for sentence.
Mr. WHEELER, who was instructed for the prose-
cution,requested his Lordship's attention to the facts
of the case, which were of a somewhat singular na-
ture. It appeared that the prisoners who were about
sixteen years of age, were born at Stockport, where
they had lived up to the present time, and hitherto
no charge had been brought against them. They
had not been the associates of dishonest characters,
nor, so far as was known, had they been absent from
their work for a single day. From inquiries made by
Mr. Sadler, the head of the police, that gentleman
had ascertained that about fifteen months since they
had been employed by a man who had been in the
habit of reading publications like " Jack Sheppard "
and others illustrative of the lives of notorious rob-
bers. These boys had been encouraged by this man
to indulge in the perusal of similar books, and it was
believed to be owing to the vicious excitement engen-
dered by reading such trash that they now stood in
the dock before his Lordship. Their parents had set
them an excellent example, and up to the time of their
going to work with this man they had been well-
conducted youths. Masks, matches, and all the
paraphernalia of " Jack Sheppardism " were found
upon the boys.
The Learned JUDGE, in passing sentence upon the
prisoners, said that, upon reading the depositions, he
had ♦ery much feared that he should be compelled to
pass upon them a sentence of transportation ; but,
after what he had heard, he was led to to think that a
lengthened term of imprisonment might result in their
reformation and satisfy the ends of justice.—They
were then sentenced to six months' imprisonment.
John Deane was charged with having, at Liver-
pool, on the 25th of July last, forged and uttered a
bill of exchange for 1541. 16s. 3d.
Mr. Simon and Mr. Rushten prosecuted ; and Mr.
Tindal Atkinson and Sir G. Stephen defended the
prisoner.
The prisoner was a highly respectable tradesman in
Liverpool, having, for forty years carried on the busi-
ness of a chemist and druggist in Castle-street, in that
town. For thr. 3or four years he had banked with
Messrs. Moss and Co., of Dale-street, but his account
wes not at any time a large one, and latterly it had
been in a very unsatisfactory state. In July kit
Messrs. Moss pressed the prisoner for the payment of
the balance then owing to them, which was 1381.
Being threatened with legal proceedings the prisoner
went to the bank on the 25th of July, and paid to his
own account a bill of exchange for 1541. 16s. 3d., drawn
by himself on John Ainley, broker, &c., Leeds, pur-
porting to be accapted by John Ainley, and payable
at Glyn's and Co., London. The bill was discounted
by Messrs. Moss, and the prisoner's account credited
with the balance. The bill went through the hands
of various endorsees, but when due was dishonoured.
Inquiries were then made by Messrs. Moss at Leeds
for the acceptor, and a letter was sent to Leeds, but,
notwithstanding ull the inquiries of the police, no such
person could he found. When the prisoner was ap-
prehended he stated that Ainley was a sharebroker at
Leeds, but he was ignorant of where he was to be
found, and that he last heard of him by letter from
Leeds, and believed he had gone to America. In was
proved by the police that there was no such person
as John Ainley, a sharebroker in Leeds, and, that,
though persons of that name did reside in that town,
none of them were sharebrokers, or knew anything of
the prisoner. The prosecution contended that it was
for the prisoner to show who John Ainley was. The
present was not the only transaction in which the
prisoner was engaged, for he had accounts at two
other banks in Liverpool, at both of which bills
drawn and accepted in a similar manner had been
paid in, and duly honoured. In every case the
prisoner had himself retired these bill, when they fell
due, through the Borough Bank—the Liverpool cor-
respondents of Glyn and Co. lie appeared to have
used the Borough Bank solely for the purpose of re-
tiring these bills, and, though he had been paying
them in at various times at various banks since the
year 1847, all being of the same description, drawn
by himself on Ainley, and accepted by Ainley pay-
able at Glyn's, there did not appear to have been any
person in the character of an acceptor making in-
quiries as to them when they were falling due, and
no one came forward on the part of the prisoner to
give any account of a person named John Ainley an-
swering to the description of the supposed RCOeptOr.