The Sun.
London, England, 1858-04-09 00:00:00

CRIMINAL COURT.--(This Day.)

OLD COURT.
(Before Mr. Justice Crompton and Mr. Justice Byleg.
THE HAYMARKET MURDER.
SECOND DAY.
The trial of Giovanni Lani for the wilful murder of

Tbauban was rtsumed this morning.
ExActly at ten o'clock the prisoner was placed in the
deck.

Mr. Tindal Atkinson rase to address the jury on the
part of the prisoner. The learned counsel having
alluded to the position of the prisoner, said he was a
stranger to the laws and customs of the land, but he had
shown his confidence by preferring to be tried by an
English jury. He was cut off from all relations and
kindred in this his hour cf danger aed peril, but be
felt sure that the whole of the evidence would
athcearpefruisl
ureucueviivuet
onaenrdthmeyercmifuulst caornrisvideeraattiona. Tosatis-
factory conclusion, to the exclusion of all doubt,
that Heloise Thauban came to her death at the le dof the prisoner. Beyond
one slight in a-n 8
fact, his opinion,
there was no conclusive evidence that
a struggle for life
and death ever took place during the time th
was in the house with the unhappy
woman. It w° prigs otrnueer
the woman Disher had spoken to having heard a three
groans, but that was no evidence that the prisoner wag
committing murder at that moment. There was a sick
women r-siding on the same floor, and it VV lIR quite pos-
sible that the groans proceeded from her. He had great
doubts with respect to the evidence of
Disher, for if her statement was to be relied
on, contrary to all that was known, warmth
would be retained in the human body 14 or 18
hours after death. He should have occa-ion to allude to
this evidence by and bye, so he would not stop to analyze
it. To convict the prisoner of wilful murder there must
be malice—express and positive malice, but was there
anything of this nature in the present case which would
lead them to such a conclusion. There was not a tittle
of evidence to show that the prisoner ever saw cr
spoke to the unfortunate before the evening of the fatal
occurrence. Julia Levy appeared to be the favourite
woman ; he met her in Charles-street on the 231 of
February at 10 o'c!cck in the evening, she had
rings and jewels a"sout her, she had diamonds
upon her fingers, and a gold watch by her side ;
and if murder had been his object would he have
made such an offer as ten francs to pass the night with a
woman who, as the proprietress of the disreputable
house might be supposed to be possessed of a quantity
of money, whose fingers were glistening with the pro-
duce of her shame ? Why, it murder had been his aim,
instead cf offering ten francs, might he not safely have
off-red a hundred ? He implored them, as men of the
world, to think of this fact seriously, and he felt certain,
when they had done so, they would be of opinion that
murder and robbery was not his object on the fatal
evening. If robbery had been contemplated, why did he
go with Helci-e Teauban in preference to Madame
Levy ? The unfortunate deceased had nothing of
value upon her person compared with Levy. Thou,
again, the articles of jewellery that had been
found on the prisoner, spoken to as having been
the property of the deceased. What were they 1 They
were articles of the caueurenest description. They were
to be met with in London in every shop window. They
were made in Birtninghene in hundreds and were sent to
London, and there purchased by women of the class of
the unfortunate deceased. Then, again, the fact of a
small clock Laving been in the prisoner's box. It was,
he thought, too much to swear that the clock found was
the property of the deceased. Such clecks were to be
met with in the metropolis, and there was nothing in
the evidence to disprove the assertion of purchase by the
prisoner. Now, with respect to another point in this
cave. Why had not the sick woman been produced, to
say whether she gave the groans that evening. It w:
material such evidence should have been given. Now,
supposing that all that ha f been spoken to by the wit-
nesses were true, was it impossible such an unfortunate
and melancholy event might not have occurred by acci-
dent. It was well known that frequently in houses of
the description of the one in Aruudel-ceurt frequent
bagglinge a•, to the price to be paid for favours occurred.
IVi46 it impossible for a quarrel to have arisen between
the unf rrtunate woman and the prisoner ?—that iu the
course of the quarrel the deceased scratched the pri-
soner's face, and then the hot, hasty blood of the
Italian rose—he seized the unfortu: ate woman by the
throat with his thumb and finger, and death was acci-
dentally occasioned in an instant S The medical evi-
dence did not confute this the,ry. Both the surgeons
were of opinion that death might have been caused in
too minutes and a half. Both surgeons were of opinion
that death was caused by strangulation, and not by suf-
focation, and this more than anything else showed that
the melancholy event had arisen from e sudden
impulse, and not by a pre-conceived arrangement.
There was a doubt, and he emplored the jury to think
wed of this part of the case. If they should arrive at
such a conclusion the law provided fir the robbery an
adequate punishment. Then again with respect to the
witness Eliza Disher; it was an extraordinary thing
that she, who said she saw the prisoner leave the house,
could not swear positively now to him. She said be
wore a brown paletot, but the prisoner did not possess
such an article of wearing apparel. On the fatal evening
he wore the dress he now appears in ; an I it was un-
likely in the highest degree that she, the wife of a tailor,
should mistake the dress of the prisoner. He implored
them to weigh well the whole of the evidence. If they
had tee slightest doubt on their minds the law directed
the prisoner should receive the benefit of that doubt.
He had ne fear of the result, he felt they
would give such a verdict as would satiety
rho law and the country, such as would be expected to
emanate f:.):)1 twelve unprejudiced Englishman. He
felt confident they would bc rliN to arrive at a conclu-
sion, because such an event, if adverse to the prisoner"
consigned hint to an early and ignominious death on the
scaffold. Their verdict, when once given, could Rot be
recalled ; and, such being the case, he felt it his duty,
with all the z isl and ability he possessed; to urge upon
them to consider the absence of all malice end motive
on the part of the prisoner. The learned counsel con-
' eluded by txoressitig a hope that an Almighty and All.
wise Providence wuuld lead thsim to a just and merciful
conclusion.

Mr. Justice Cromptc n at great length summed up
the evideLce.

At half-past one o'clock the jury retired to consider
their verdict and at 10 minutes to two reentered the
jury b,x and returned a verdict of Guilty.
The prisoner on being asked what he had to say why
sentence of death shoull not be passed, said he was not

The learned judge having put on the black cap
proceeded to pass upon the prisoner the awful sentence
of death. His lorithip said that atter a long and careful
trial th j e ury had found the prisoner guilty of having
murdered the unfortunate woman, Ileleiee Thauban,
under circumstances of the greatest brutality. \\intim
you committed the murder you must have thought
that you would be enabled to escape, but justice was
not to be def.'ated. It only remains for me to pass upon
you the awful sentence of the law. I implore you to
use the remainder of the time allotted you to live in
prayer and penitence. It would be idle to hope that
any mercy can be held out to you. The sentence of the
Court is, that you be taken from Eence to the place from
whence you came, and Irom theists to the place of exixu-
tion, and there hanged by the neck until you are dead,
and may the Lori God Almighty have mercy upon your
so, 1.
Mr. Bodkin—lt is in the power of the court to order
a reward t witnesses who have acted in a meritorious
manner, therefore I have to a4lc your lordship to order a
ruin of money to be given to one of the witnesses—the
waiter at Klein's Ho el.
Mr. Justice Crimpton—lt is very unseemly that these
questions of money rhould be made while a prisoner is
present in court who has been sentenced to death. I
have observed it before in other cases, and I will not now
entertain the application. There is plenty of time
hereafter.

The dreadful sentence was then communicated
through the interpreter to the prisoner. Ile heard the
announcement with the utmost c)olness. At the con-
clusion of the communication,
The prisoner said—"l am not guilty—therefore yea
cannot cmidernn me to death."

The interpreter irf amed him that the sentence would
surely be carried into effect.
The prisoner— You cannot ex'cute me. `I am a
minor.
Mr. Justice Crompton, through the interpreter—By
the law of England, all persons whatever Are subjected
to the penalties inflicted by the law.
Lani then shrugged up his shou!ders, and quitted the
dock with the utmost composure.
The execution will take place on Monday fortnight.

THIRD COURT.
(Before Mr. Justice Byles.)
THE CHARGE OF A 111.31% who
was
yester.
to certain pre.
William Henry Parker, 32,
day indicted for feloniously setting
Westminster Fire In.
miser with intent to defraud the
1 000/ •
ram of , . , was again
surance Company of the
twholehe pr
oosf
ec yesterday,utio
n the
paced in the dock. dealefire
and at the conclusion
1 to-day•
This case occupied
"ourned unt, .
case was adjourned
the
defence being offered, the principal
otfhethee °cuarste the
er
hit of the evidence of a lad, who stated
lt• to the fira he •
few d3ys pro carried Borne timber
that a
furniture into the cellar, and that while
poEinvtidbeeinnege t , .
and articles
he stumbled near the post to which the gas
doing so
branch which caused the fire was attached, and acciden-
tally knocked the branch out of its regular position.
Another witness named Barnard said he had been in
the employ of Mr. Pinker so long ago as October ; be
was certain there was no nipple in the gas branch. He
was positive of the fact. Mr. Parker had cautioned the
whole of his servants nut to turn the gas full on as it
would be dangerous.

Mr. Harrison, of 10, Lawromr-lane, said he wag of
opinion that if 10 per cent, was taken off the amount of
the claim sent in by Mr. Parker for damage done to
his property by the fire it would be a lair demand.
Mr. Johnson, of the firm of Morley and Co., was of
the same opinion with respect to the value of the goods.
Mr. Schofield, a dealer in woollen goods, said the
prices charged in claim for the pieces of woollen mate-
rial was such that a profit might be obtained thereon if
he had to sell them.

Atter some f urther evideßee, and the learned judge
having slanned up, the jury returned a verdict or Not
Guilty. The prisoner on hraring the v, rdict faiot.d
away, and was carried fr( m the dock in an Meecsitle
state.

His Royal Highness Priice Ge,Orge spx-my and
6u1.8 will leave WiLdior Cale to-day, for Southampton,
en route to Lisbon.