The Sun.
London, England, 1857-09-17 00:00:00

CRIMINAL

`'his Day.)

OLD COURT.
(Before Mr. Justice Crompton and Mr. Baron Watson.)
THE LATE MURDER IN HORSERONGER•LANR GOAL.—

James Preston, 64, labourer, was placed at the bar
charged with the wilful murder of John Hodges, in the
Infirmary of Horserponger-lane Goal. The prisoner has
the appearance of a man of weak intellect; He however
appeared to watch the proceedings with great interest,
1 and paid great attention to the evidence given by the
2 various witnesses.

Mr. Robinson prosecuted.
Mr. Sleigh defended the prisoner.
Mr. Robinson, in stating the case to the jury, said that

the whole question for the consideration of the jury was,
whether at the time the prisoner committed this act, of

which there was not the slightest doubt, he was respon-

Bible for his actions. The prisoner had been an inmate
of Horsemonger-lane gaol for two or three months for
debt, and the deceased was confined there on a charge
of felony. Beth prisoners were placed in the infirmary,
the prisoner because he was suffering from great depres-
sion of spirits, which it was believed would turn to in-
sanity, that he might be watched. He had always been
perfectly harmless, and there was nothing to induce the
officials to believe it would partake of a violent character.
The deceased, however, on Sunday night, the 6th Sept., gut
out of bed and went to the water-curet, returnir.g with
a pail in his hand, with which he struck Hodges on the
head and killed him. His excuse for striking deceased
was that he had seduced his wife. Prisoner's wife W 33
in the habit of visiting him in the prison, but there was
net the slightest ground for hie suspicion. Indeed, such
a circumstance could not have occurred within the prison
walls. The prisoner also said, " I can't tell why I did
it—the devil must, have possessed me. He (deceased)
was always very kind to me."
Mr. Keene, the governor of the prison, in his evidence
said that he had nos the least doubt of the prisoner's

insanity.
Mr. Justice Crompton strongly elm:muted on the
illegibility of the depositions sent in by Mr. Carter,
coroner for Surrey, in reference to this case. It was
almost impossible to real them ; and Lad it not boon for
the opening statement of the learned cmasel, he could
not have deciphered many of the worJs.
Mr. Robinson eaid it wag a complaint that was often
made in that court. Counsel were in a better position
_ .

- -
Alan the judges in this respect, for they had the depo3i-

ions "translated" to them.

Mr. Justice Crompton said depositions ought to be
carefully taken and well copied out. It was of the
utmost importance that judges should knn.v what wit•
nesses said before magistrates, that they might not on
the trial withhold anything, and it was equally import-
ant for prisoners that they should know if any:hing new
was brought forward on their trial.
Witnesses were then called, who proved the commis-

sion of the offence charged against the prisoner.
Mr. Iliff, surgeon, who had attended the prisoner
in llorsemongerlane Gaol for 16 days during the
temporary absence of the surgeon of the prison, deposed
that he considered the prisoner of unsound mind, but of
a harmless character. He was then labouring under an
impreis'on that a surgical operation was to be ptrformed
on him against his will. Witness was of opinion that
the prisoner was incapable of judging between right and

wrong.
Mr. Justine Crompton aske 1 the jury if, after the
evidence that had been given, they thought it necessary
to call on the prisoner's counsel for his defence.,
The foreman of tho jury said that they wished to
know something of the prisoner's antecedents.
Mr. Sleigh said that if it were necessary he could call
witnesses to prove more clearly, if possible, that the pri
Boner was insane. He met with an injury in his spine
some months ago, since which time his mind has been

affected.
Mr. Gibson, surgeon to Newgate prison, deposed that
he had had the prisoner under his charge since hii com-
mittal to Newgate, and that he considered him insane.
The jury then acquitted the prisoner on the ground of
insanity.
The prisoner will be confined during Her Majesty's
,pleasure.
THE HAMPSTEAD-ROAD MURDER.—Cornelius Denny,
26, smith, was charged with the wilful murder of Gallo
Benz 3nel li.
Mr. Cooper prosecuted; Mr. Payne defended the

prisoner.
It will be recollected that the deceased was in the
employ of a person named Beretta, who keeps a shop in
the Hampstead-road, for the sale of penny ices. On
Saturday night, the 221 August, or early on Sunday
morning tte 23d, the prisoner, his wife, and brother-
in-lA,/ went into the shop. 'rho prisoner
who was drunk, fell asleep, and the deceased tried to
awake him, but was unable to do so. Ile then threw
water in his face, and put some ice down his back, which
failed to accomplish that object ; but a second applica-
tion of ice to his back had the desired effect. A row
then commenced, and the prisoner was ultimately pushed
out of the shop by the deceased and his master. Prisoner
returned to the shop, and the deceased procured a stick.
He rushed out, lifted up the stick, and struck the pri-
soner on the back. The latter closed with him, and de-
ceased then exclaimed, "I'm wounded, I'm wounded 1"
prisoner was seen to pass something to his wife which
lipe afterwards dropped, and was found to be a knife
covered with blood. The deceased was attended by a
medical man and afterwards removed to University
Hospital where he died from a wound in the abdomen
from which the bowels protruded. The prisoner
admitted to the porde that he stabbed deceased.
Mr. Payne on the part of the prisoner addressed the
jury, contending that the stabbing did not amount to
wilful murder, but oely to manslaughter from, the pro-
vocation given by the deceased to the prisoner.
Several witnesses were called who gave the prisoner
an excellent character.
Mr. Baron Watson having summed up,
The Jury returned a verdict of guilty of manslaughter,
Mr. Baron Watson, in passing sentence, said that the.
Jury had very properly taken a merciful view of the
case, which was one just on the confines of murder and
manslaughter. He condemned in strongeat terms the
use of the knife ; and as a warning to all others,
he must pass a severe sentence. He sentenced him to
ten years penal servitude.

POLICE INTELLIGENCE. (This Day.

WESTMINS TER.

AN INTOLERABLE NIIISANOE.—Gorge Reeves rind I
Alfred Cambridge, two boys about 13 years of age, were
charged with annoying residents at Caelsea.
Benjamin Joyce, of Lower Simmonds-street, Chelsea,
a poor decrepid o!d man, who gets a living as a tailor,
assisted by his wife'e mangling, said that on the pre-
vious evening the two defendants and about 30 other
boys came to his house and besmeared his board, which
described his trade, all over with mud. They were rt-
peatedly doing this sort of thing, and he could hardly
put up or take down his shutters without being
smothered id mud.
A pc liceman passing saw Reeves commii, the offence,
and added that tradesmen in the neighbotrhood were
daily complaining of the intolerable nuisance occasioned
by gangs of idle boys. They particularly b,!set the aged
and infirm, who were consequently Jefencelsss.
Mr. Payuter said it was most disgraceful, and he
would use his best endeavours t put a stop to such
practicos. He accordingly fined Reeves 20.1., and in de-
fault committed him for 21 days.
The other defendant, Cambridge, ag had been previ-
ously intimated, was then placed at the bar, charged
with stealing with another boy a jar of tobacco from the
shop of a widow woman at Chelfeo.
Evidence was given shosiug that Cambridge entered
the' widow's, shop and brought the jar out to his com-
panion.
The father of Cambridge deplored the fact that his
son, a quiet, intelligent lad, bad fallen into bad com-
pany, rind WAS causing him much trouble and anxiety.
The prisoners were remanded fcr a week, that the
magistrates might determine how to dispoes of them.