The Sun.
London, England, 1866-01-02 00:00:00

The Murder at Devonport.

Thomas Lynch, the private in the 65th Regiment,
remanded from Friday last on a charge of wilfully
murdering John Thomas Johnston, a private in the
same regiment, was again brought up on Saturday
before the Devonport magistrates.
The case had been adjourned for the attendance
of Dr. MacKenzie, assistant-surgeon of the 62d
Regiment. His evidence was precisely similar to
that given by him at the inquest, which went to
show that the injuries which caused the deceased's
death had been inflicted by a weapon similar to
that with which the prisoner was seen to strike
Johnston.

Mr. Brian, prisoner's solicitor, cross-examined
the witness, who stated that death would probably
be accelerated by the man being under the influence
of liquor at the time the injuries were inflicted ;
but that death must have resulted under any cir-
cumstances.
Mr. Brian then applied to have Corporal Lilly
examined as to a statement which had been made
in his hearing by the prisoner ; but the bench re-
fusing the application, Mr. Brian addressed them in
energetic terms on the prisoner's behalf.. There was
one point upon which he should make a few obser-
vations, as it would be of vital importance to the
prisoner ; and it was whether or not a deviation
could not be made, and that the magistrates, instead
of committing the prisoner for trial for wilful murder,
might send him for trial for the scarcely less offence
of manslaughter in the highest degree. They had
evidence of both men being under the influence of
intoxication, and also of a collision between
them, and that blows had passed. It was also
shown that the unfortunate deceased was the
aggressor, first having, in the most cowardly
way, struck the prisoner. He did not, for one
moment, mean to dispute the evidence ; but the
great point for the consideration of the bench would
be whether or not an amount of provocation was
running in the mind of the prisoner up to the time
he inflicted the injuries upon the deceased. There
was evidence that at the time of the prisoner getting
out of bed in the morning he was not sober, and he
should submit to the bench that the prisoner, labour-
ing under the effects of drink, and finding himself
bruised and bleeding through the blows of the de-
ceased, became overcome, and, according to the
statements of several witnesses, seized the first
weapon which presented itself, and inflicted such
injuries upon the body of the deceased as to cause
his death.

The bench having retired for consultation and
returned, the magistrates' clerk read over the charge
to the prisoner, who, in reply, said, " I never in-
tended to kill Johnston, and I am very sorry for
what has happened. I woke up in the morning, and
when I found my face swelling and the blood on my
shirt, I was mad vexed. I took up the first thing
that was in my way to strike Johnston, but I never
intended to kill him. I most bitterly and heartily
regret it, but the provocation he gave me the night
before was very great, as he struck me a violent
blow on the eye unawares."
The prisoner was then formally committed for
trial at the assizes for wilful murder.A. Ho was re-
moved to Exeter on Saturday evening.

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