The Sun.
London, England, 1858-03-06 00:00:00

where some of the men had to work the prisoner
desired them to get out, but did not stop the train.
The deceased, among others, jumped out, but fell
under the train ; his legs were fract,t—d, and he
was so much injured that he died shortly after.
The learned Judge said, if these were the facts
which were to be proved he was of opinion that
there was no case to go to the jury. It was a very
dangerous habit for persons to get out of the train
while in motion, and the employers ought to put a
stop to it. Manslaughter consisted in causing the
death of another by doing some unlawful act, cr
neglecting some duty which the law imposed upon
the individual. The deceased got out of the truck
with a knowledge of the danger ; it was his own
act, and the prisoner was not responsible for it.
The jury must, therefore, acquit the prisoner.
Mr. Coleridge said he could most clearly have
proved that the prisoner was most strict in his
orders to the men not to get out of the train during

the time it was in motion.
A verdict of Not Guilty was then taken.
It may be noticed that the learned judge in his
charge to the grand jury took particular care to
explain the law to them,
.and directed them to
threw the bill. The grand jury, however, in their
wisdom returned a true hill.
Jacob Longman was indicted for maliciously
shooting at James Donelly, with intent to do him
grievous bodily
conducted the case for the prosecu-

tion.
It appeared that the prosecutor was a gunner in
the Royal Lancashire Artillery, and was stationed
at Marshwood, near Southampton. On the 21st
Jan. Donelly and some of his comrades left the
barracks and went to a public-house called The
New Found Oat. About 12 o'clock at night they
left the public-house, and, seeing a light in a cot-
tage and hearing some talking, they wanted to get
a light, and went to the door and knocked. Some
words passed, and the door was opened and a man
came out with a stick and knocked one of the sol-
diers (Beswick) down with it. Upon this Donelly
got a stick and threw it at the man, and one of his
comrades procured the branch of a tree and ran
towards the cottage door, which was directly closed.
The soldiers were then going away, when Donelly
received a shot from a gun which was fired from
the cottage. D,T2elly was assisted by his com-
rades back to the b trracks ; several shots were
taken out of him. He was then removed to the
hospital, and had ncl since been able to perform
his duties. They were neither drunk nor sober.
They had been at the public-house from 5 o'clock
until 12.
This was the story as told by Donelly, but
Beswick completely contradicted him, stating that
he :never went near the cottage, he never was
knocked down, he never took up a stick, and was
200 yards off in the road, when he heard a gun fired.
It was evident the three men were all drunk and
could not tell what really had occurred.
The sergeant next day proceeded to the prisoner's
house, and the prisoner, iu answer to the sergeant,
pointed out the places where he stood, and where
Donelly stood, at the time the gun was fired. He
said he had not loaded the gun himself. There
were women in the house. There had been a paling
broken and the sergeant paid the prisoner's father
2s. for the damage. One of the women said a cup
and saucer had been broken, and the sergeant paid
for those. The prisoner said that the soldiers
wanted to force themselves into the cottage, and
one had got in.
In his defence the prisoner said that Donelly and
two other soldiers came into the cottage, and were
threatening the lite of his father, when he got out
of bed and came out of the bedroom to protect his
father. They took hold of him and threw him down,
and then said they would show him what the Lan-
cashire fashion was, and they commenced kicking
him while he was on the floor in the most cowardly
manner. They threatened to pull down the house.
There was no other house near, and he anti his
father were much frightened, and he fired off the
gun.
Isaac Longman, the father of the prisoner, said—
The family were all asleep. I was awoke by a noise,
and a man said, " Give me a light, or I'll knock
your louse down." I got up and went into
the room, where I saw three soldiers ; one was
stirring the ashes about. I asked them what they
came there for, and one of them said, " For a woman."
I told them there was no woman there for them,
and they had better go to the barracks, like good
men. He said he should not go for me, for I was
no man. I said I'd put my clothes on, and see
for some one who would take them away. I went and
put my clothes on, and then I persuaded them to
go. I then tried to turn them out, until my son
came to my assistance. They threw him down,
and said they would show him Lancashire
fashion, and would kick him. They then went
out. One of the soldiers then came with a thorn-
bush some 7 or 8 feet long, and another had a rail
12 feet long, and pushed it into the door. They
then threw half a bushel of brickbats into the house
and swore they would dash our brains out and
knock the house down. My son fired a shot at the
time they were throwing in the brickbats. The
man was stooping down picking up the brickbats
when the shot struck him.
Cross-examined —I went to bed That night at 7
o'clock. We have only one sleeping room, in which
were myself, my son, two grown-up daughters,
and four little children. The men were in the house
half an hour. Two of them kept the door open
with poles, and the other was picking up brickbats
and throwing them into the doorway. There was
every appearanc a that they intended to commit
murder.
Walter Byles—l was in the neighbourhood that
night, lying in the stable adjoining Longman's
house. I heard a noise and went out, and saw 3
soldiers enter the door and go inside. .I heard
Longman trying to persuade them to go to the bar-
racks ; they refused to go, and said if they could
not have the women they would beat his brains
out. I saw one of them knock the prisoner down
close within the door. I was standing behind a cart.
Tuey got out the soldiers, who got large sticks and
kept the door open, and one threw brickbats into
the house ; as one of them was stooping down to
get a brick I heard the report of a gun. The sol-
diers then ran away.
Cross-examined—The cart was standing in front
of the house. I heard a noise before they went in.
My feet were tender, as I had been walking a long
way, and I could not get along, so I lay down in the
stable. lam a fireman in the West Indim mail
service. lam not a fightin4 man, and thought it
was the best plan to keep out of the way. I was a
bright night.
The learued Judge stated that when persons
were attacked they w. re justified in using weapons
in proportion to the attack. His Lordship also
poin ed out discrepancy in the evidence.
The jury returned a verdict of not guilty.