The Sun.
London, England, 1860-07-17 00:00:00

SUMMER ASSIZES.

WESTERN CIRCUIT.—WINCHESTER, July 16.
(Before Mr. Justice Keating.)

Michael Hynes was indicted for the wilful mur-
der of Ann Skein, at Gosport, on the 9th of March
last.

Mr. Poulden and Mr. Beetham were counsel for
the prosecution ; and Mr. W. M. Cooke defended
the prisoner. •
It appeared that the prisoner was a sergeant in
the 16th Foot stationed at Aldershott, but in March
he was on furlough at Gosport, at the house of his
father-in Jaw, named Clarke, who lived next door to
the deceased. On Friday, March 9, he had been out
drinking ; he returned about 7 o'clock, and was then
the worse for liquor. Mrs. Clarke endeavoured to
induce the prisoner to remain in the house, but he
insisted upon going out again, and Clarke accompa-
nied him. They meta person named Brown, who in-
vited them to have some of the " best" in Gosport,
and they all three went to the Rummer public.
house. Brown ordered some beer, which they
drank. brown went away, and after he was gone
Clarke and the prisoner had four glasses of gin, and
then the prisoner had one glass of whisky, and he
then became thoroughly intoxicated. .Clarke and
the prisoner then returned to Clarke's house. The
prisoner was then in a state of great excitement.
Mrs. Clarke endeavoured to keep him quiet, and
sent her husband out of doors, as they had been
struggling together. The prisoner then took down
his sword, which was hanging up in the room.
Mrs. Clarke called for assistance, and Mrs. Skein
came in and tried to prevail upon the prisoner to sit
down and be still, but he pushed Mrs. Clarke out of
doors, and locked the door, Mrs. Skein and the
'prisoner still being in the house. Mr. Clarke's
daughter, who was upstairs, came down, and saw
the prisoner standing near the deceased with his
sword sheathed. She ran upstairs, called out
loudly, and then jumped out of the window. Some
persons came and looked into the room where the
prisoner and the deceased were, and they saw the
prisoner " hacking" with his sword at something
on the floor. They then proceeded to break open
the door, and the prisoner rushed out with his
sword reeking with blood. Upon their going into
the room they found the deceased lying on the
floor with her head most dreadfully cut. She,
however, lingered for two months, and then died
from the wounds she had received.
These facts having been proved,
Mr. Cooke addressed the jury for the prisoner,
contending that there was no malice in the mind,
of the prisoner towards the deceased, but that he
was in that state of mad excitement that the of race
amounted only to manslaughter, and not to murder.
The intention of the party must be judged of by
his state of mind at the time. The position of the
prisoner—having rises from the rank of a private
soldier to that of a sergeant in her Majesty's ser-
vice—was evidence of his good character, and men
did not at one moment jump to the commie}ran of
the most serious offence.
The prisoner lead a good character given him by
the officers of his regiment.
The learned Judge having summed up the evi-
dence,

• Thejury returned a verdict of guilty, but most
strongly recommended the prisoner to mercy.
The learned Judge, having put on the black cap,
addressed the prisoner—Michael Hynes, you have
been convicted of the crime of murder, and it was
impossible that the jury, upon reflection, could find
any other verdict upon the evidence ;aid before
them. Your case is, indeed, a sad one. Yon might
have been fitted for better things, but unfortu-
nately, by giving way to intemperance upon this
occasion, you were incited to the commission of a
crime which
forfeits your life. The liquor that
you took appears to have • reduced you to the
state of a frantic being, and the sword which
was intrusted to you to use against the enemies of
your country you employed in depriving an aged,
a helpless, an unprotected woman of the few re-
maining years of her life. The jury have accom-
panied their verdict by a strong recommendation to
mercy. I have no discretion to give any effect to
such a recommendation, and let me entreat you not
to be sanguine that even that recommendation ad-
dressed to the Throne will, when the circnmetallees
are known, as they must be, hEtTe the effect of saving
your up. As it is, I nave no discretion but to pro.
nounce upon you the sentence which the law awards
to such a crime. It is net my sontenee, but the sen-
tenee of that law. The learned judge then pasaed
upon the prisoner the awful sentence of death.
The prisoner, who is a vemarkalily fine man, and
who had stood up firmly during the trial,
.now
seemed completely prostrated, and would have fallen
if not supported by the officers of the prison.

QUEEN AT EDINBUIIGII.—We
REVIEW DV' THE
have authority to state that her Majesty has been pleased
to intimate her intention to hold a review of volunteer corps
on the 6th August. The commanding officers
:ft cEocripiusbduersgiriling to attend must intimate their wish to the
Secretary of State for War, through the lords•lieutenant of
demiotote7tiases, beafosresp
far the Ist August, and they
NtvhieuirthreenSpebeetal
ace and numbers will per Immediately after receiving this application each
corps will
be informed whether it will be possible to accept
the offor, .

.„_.
DIAMONDS IN AIISTRALIA.—An interesting dis-
covery, namely, the existence of native diamonds, has been
made. The stone was discovered in the black sand of the
ovens district by all Irish miner, named O'Neill. Rubies
and other gems of very. small size had previously 'been
found in the same derstt,—Alestralian and New Zealand
gazette,