The Sun.
London, England, 1861-04-05 00:00:00

MURDER BY A BRAZILIAN SEAMAN.

At the Liverpool Assizes, on Tuesday, before
Mr. Justice Hill, Joachim Francisco; a Brazilian
seaman, was indicted for the wilful murder of
another foreign seaman named Francisco, in Liver-
pool, on the 17th of March.
The crime was perpetrated in the immediate
neighbourhood of a house in Carpenter's-row, which
was occupied by a person named Florentine, and
used as a boarding-house for foreign sailors.
It was frequented chiefly by South Ame-
rican sailors, both Spanish and Brazilian. On
the night in question both the deceased and pritioner
was staying there, when the prisoner kissed a girl
in the house named Mary M'Nalty. She resented
the liberty, and the deceased having his 'attention
called to the circumstance, spoke to the prisenet. A
challenge to fight was given by the prisoner to the
deceased, and the parties went out of the house for
the purpose of fighting. When they got outside the
prisoner took off his coat, and there, in the presence
of three other Spanish sailors he made a rush at the
deceased. The deceased at that time was not even
in an attitude of defence, but the prisoner struck
him with something in the throat. The man imme-
diately fell, bleeding. He was conveyed by the
police to the Southern Hospital, but was dead be-
fore he arrived there. A wound was found in his
throat, and there could be no doubt at all that the
wound then inflicted by the hand of the prisoner
caused the death of the man.

For the defence it was urged that the offence did
not amount to murder, but was manslaughter only.
Not only had there been a previous quarrel, but the
deceased, it appeared, had aggravated the prisoner
and challenged him to go into the street and fight.
His Lordship, in summing up the evidence, said
the first question for thejury to consider was this—
Was the death of the deceased man Francisco the:
act of the prisoner, for if it was not he ought to lja
acquitted altogether ? The learned counsel for 'the
prisoner did not dispute that the prisoner did take
the lifeoffoFr rtahnemcistcoo.
consider Then extand most important
question
was,
Whether thecrime
amounted in law to murder, or whether it was
merely manslaughter. That would be the most im-
portant question for them to form a judgment upon..
They would take the law from him. If two persons
went out to fight deliberately and with Premedi''a,
as a razor or knife, and they did"
tion, each intending to use a deadly ew v suchon, uen
fight pursna nt to
the premeditation and deliberate intent, if on a killed
the other, though they fought what was co.111:11 fairly
as between man and man, yet in law it was, murder.
Put if two persons on a sudden quarrel, wit 4-,
out pre-
meditation, went to fight, although they did it with
deadly weapons, and ono took the life of, the other,
that was manslaughter.
The jury retired to consider their verdict, wad
of half an ,
after an absence re turned intocortrt
with a verdict of guilty of manslaughter,
His Lordship sentenced the prisoner tr) per,al ser-
vitude for life. .

•••• .
rADVEIITISEMENT.] Pills and medici•Ae Inviariably ag-
p/ avate and perpetuate diseases thelr ann.oyauce, dis-
,wpointmeut, and expense nia', be avoided by persons
ta indifferent health sendin-, onlg their address to E.
S. Barry, Esq., 77, Rer_, yu'_street," W., London, and they
will receive gratis and tree by post the "INvAtros' Owl!
refreshing Sleep, to '
GUIDE," or Natural T.testorer, without medicine or ex
pense, of perfect die,,,
_stion, strong nerves, sound lungs, and
of indicie
liver corapiain 9.
, stion (' sapepsia), constipation,
1 itation,
nausea, epilew, ,
, asthra' a, consumption,
paralysis, debility, nervousness, p
P4diarrhcsa,
cough, the most enfeebled, insuring the. removt
catarrhs, colds.
dysentery, P. Jiliousness, levers, sore throats,
e-raptions.
noises in ' the ears, rheumatism, girt, impurities,
actidii
.7, hysteria, ' neuralgia, irritability, sleeplessness,deno
dropsy, flatulency,
cramps,,, , spasms,
palpi-
tation, ' neartburn, headache, despononably,
the_eilfdia t Guido
siki.o g, its, bronehitis,—"llLlQuesti
ton ,14' dg,