The Sun.
London, England, 1858-08-20 00:00:00

spoke to witnels. The deceased was lying on his side when
found. Witness saw the body before the men called out to

There being no further evidence,
The Coroner proceeded to address the jury, and observed
that he would advert in the fist instance to the impression
which bad been made by the first announcements with re-
gard to this melancholy catastrophe. It was announced
to be a murder, it was thought to he a murder, and there
was every reason to believe that a murder of a most atro-
cious character had been perpetrated. There could be no
doubt that the circarnstances justified, at that time, that
impression. The nature of the wound seemed, beyond all
question, to indicate that the crime had been deliberately
committed. Considerable light had, however, since that
period bun thrown upon tlge circumstances, and he would,
tin re fere, beg of the jury to discard that impression, and to
bend their minds to the fee's as they appeared in evidence.
All preconceived notions, impressions, and opinions should
be utterly discarded and deliberately rejected before the jury
could come to an impartial verdict, as they had sworn to re-
turn their verdict accordirg to the evidence, and to that alone.
The facts of the death were clearly and satisfactorily proved,
and that the death of the deceared was caused by the
wound in liis chest nere could be no ...,_.dew
doubt. But then came the all-important questions—how
was that wound inflicted ? what culpability was there ?
what was the degree of that culpability, and to whom did
it attach ? The circumstances were in many respects of a
very painful nature. It seemed that the unfortunate de-
ceased was hardly in a fit state to leave the world ; but the
observation that he made, as spoken to by one of the wit-
nesses—that he hoped be might soon be in Heaven—was
most remarkable. The jury would next have to look to
the circumstances under which two gentlemen, of hitherto
unimpeachable character, were placed, and who no doubt
must feel the greatest pain at having been instrumental in
causing the death of a fellow-creature. It was unsloubtedly
to the credit of Lieut. Clavering that he knew nothing about
the termination of the unfortunate affray until he saw it in
the newspapers, and that he and his friend then did all in
their power to further the ends of public justice; the one
by giving himself up, and the other by attending as a
witness to state all he knew of the affair. If those gentle-
men thought that when they saw deceased his object was to
attack and rob them, then they were justified in resisting;
but they bath distinctly swore that the wound was not
the result of a thrust, and the surgeon has deposed that
it might have been caused by a rush of the deceased, as
represented by Lieut. Clavering. If the wound of which
the deceased died was inflicted wilfully, it was a most
brutal outrage, but the probabilities were strongly in favour
of the assumption that the deceased had, in the first in-
stance, assaulted them with some description of noisy de-
monstration, as described by several of the witnesses. The
learned gentleman then explained to the jury in lucid
terms the difference between murder, accidental death,
justifiable homicide, and homicide by misadventure, and
directed them to weigh the evidence, and fearlessly return
a conscientious verdict.

The jury then retired to consider their verdict, and after
an absence of two hours the foreman entered the court and
announced that they had agreed to the following verdict:—
" We, the jurors, consider that the death of John Gates
was caused by a wound in the chest which penetrated to his
lungs and heart, but whether the said wound was inflicted
wilfully or was caused accidentally there is not before the
jurors sufficient evidence to show."
The Coroner said be was bound to observe that had he
been a juryman in the case he should have returned a
verdict of that kind, or one closely analogous to it. The
circumstances of the case were involved in great doubt and
difficulty; but this was a very severe verdict, because in
point of fact it showed that Lieut. Clavering's description
of the manner in which the wound was inflicted was not
credited.

The Foreman said they had given him the benefit of their
doubt in that respect.
The Coroner said he did not think the jury could have
done otherwise. At the same time he must remark that
none of the particulars of the case would have been known
if these gentlemen had not come forward as witnesses.
Notwithstanding this, it appeared that the jury had not
given credence to their statements.

The Foreman said there were same statements made in
the evidence which the jury found it impossible to reconcile.
The Coroner said he had nu doubt that the jury acted
conscientiously.
Mr. Giffard said that Lieut. Clavering and Capt. Miller
were in attendance.

The Coroner ordered their recognisances to be discharged,
and said they might leave the court.
The proceedings then terminated.

RAILWAY INTELLIGENCE.

SOUTH-EASTERN.

The directors of this company have resolved to recommend
the proprietors, at the ensuing half-yearly meeting, to order
payment of a dividend of Os. on each £3O stock, which, with
the dividend of 14s. paid last half-year, is at the rate of
£3 16s. Bd, per cent. per annum.