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

02IMINAL COURT.—(Thi3 :may.)

OLD COURT.

(Before Mr. Justice Crompton and. Mr. Baron Watson.)

THE LATE MURDER IN HORSESIONGER LANE GOAL.—
James Preston, 64, labourer, was placed at the bar
charged with the wilful murder of John Hodges, in the
Infirmary of Ekrsemonger-lane Goal. The prisoner has
the appearance of a man of weak intellect, He however
appeared to watch the proceedings with great interest,
and paid great attention to the evidence given by the
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 c.3inmittad this act, of
which there was not the slightest doubt, he was respon-
sible for his actions. The prisoner had been an inmate
.of Horseznonger-lane gaol for two or three months for
debt, and the deceased was confined there on a charge
of felony. Both 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. Ile had al ways 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., got
out of bed and went to the water-closet, returning with
a pail in his hand, with which he struck Hodge; on the
head and killed him. His ex -nee for striking deceased
was that he had seduced his wife. Prisonei'e wife was
in the habit of visiting him in the prison, but there was
not the slightest ground for his suspicion. Indeed, such
a circumstance could not have occurred within the prison
Valls. The prisoner also said, 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 not the least doubt of the prisouer'a
insanity.

Mr. Justice Crompton strongly cimmented on the
illegibility of the depositions sent in by Mr. Carter,
coroner for Surrey, in reference to this case. It was
almost impossible to read them ; and Lad it not been for
the opening statement of the Darned caliche!, he could
not have deciphered many of the words.
Mr. Robinson said it was a complaint that was often
made in that court. Counsel were in a better position
than the judges in this respect, for they had the depoii-
tions "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 kno•.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 shoul I know if anything 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 Hersemongerlane 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
imprearon that a surgical operation was to be prforined
on him against his will. Witness was of opinion that
the prisoner was incapable of jadging between right and
wrong. •

Mr. Justice Crompton askel the jury if, after the
evidence that had been given, they thought it necessary
to call ova the prisoner's counsel for his defenc..
The foreman of the 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
soner 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 Neagate prison, deposed that
ho had had the prisoner under his charge since his com-
mittal to Newgate, and that he cousiderel him insane.
The jury then acquitted the prisoner on the ground of
insanity.

The prisoner will be confined during Her Majesty's
pleasure.

THE HADIPBTEAD-ROAD MURDER.—Cornelius Denny,
26, smith, was charged with the wilful murder of G,Allo
Benzonelli.

Mr. Cuoper 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 22d August, or early on Sunday
morning tl'e 23d, the prisoner, his wife, and brother-
in-law went into the shop. The prisoner
who was drunk, fell arleep, and the deceased tried to
awake him, but was unable to do so. He 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 oat, 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, wounded 1"
prisoner was seen to pass something to his wife which
she 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 police 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 only 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 sunatmd up,

The Jury returned a verdict of guilty of manslaughter.
Mr. Baron Watson, in passing sentencs, 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. condemned in strongest 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.)

WESTMINSrE R.

AN INTOLERABLE NIIISANCE.—George Reeves and
Alfred Cambridge, two boys about 13 years of age, were
charged with annoying residents at Cbrlsc a.
Benjamin Joyce, of Lower Simmonds-street, Chelsea,
a poor decrepid.o:d man, who gets a living as a tailor,
assisted by his wife's 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 re-
peatedly doing this sort of thing, add. he could hardly
put up cr take down Ma abutters without being
smothered in mud.

A policeman passing saw It':eves commit, the offence,
and added that tradesmen in the neighbourhood were
daily complaining of the intolerable nuisance occasioned
by gangs of idle-boys. They particularly beset the aged
and infirm, who were consequently defencelsse.
Mr. Poynter said it was most dirgracdul, and he
would use his ,Lest endeavours t ) put a stop to such
practices. He accordingly fined Reeves 20a., and in de-
fault committed him for 21 due.
The other defendant, Ca'mbridge, as had been previ-
ously intimated, was then placed at the bar, charged
with stealing with another boy a jar of tobacco from tbe
shop of a widow woman at Chel,e'.
Evidence war given showing that Cambridge entared
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, had fallen into bad com-
pany, sand was causing him much trouble and anxiety.
The prisoners were remanded for a week, that the
magistrates might determine how to dispose of them.