The Sun.
London, England, 1859-12-10 00:00:00

HOME CIRCUIT.—MAIDSTONE, Dec. 9.
(Before Mr. Justice Williams.)
Francis Mayne, 23, a tall, athletic young man,
was indicted for the manslaughter of Ed. Millgate.
Mr. Russell conducted the prosecution ; the pri-
soner was defended by Mr. Addison.
It appeared from the evidence for the prosecution
that the prisoner and the deceased both belonged
to the town of Maidstone, and the deceased was
noted for his pugilistic propensities, and he was
constantly quarrelling and fighting. On the even-
ing of the 18th of November they were both at a
public-house called the Jolly Waterman, in 'Earl-
street, Maidstone, with other persons, and one of
the company produced a dice-box and dice, and the
prisoner and the deceased played with them for a
stake of 2s. that were lying on the table. The pri-
seiner claimed to have won the money, but the de-
ceased, snatched it up and put it into his pocket,
and upon his refusing to give it up the prisoner
struck him. A fight then took place in the house,
and the deceased was knocked down, and tie pri-
soner went away. Millgate, the deceased, got
up in a great passion, 'and exclaimed, " I will
go after the -- and give it him," and fol-
lowed the prisoner into an adjoining street, called
Pudding-lane, where the fight was renewed,
and the deceased was knocked down three or four
times, and, according to the evidence of some of the
witnesses, while he was on the ground the prisoner
kicked him in a most violent manner upon the belly
and head.. The evidence as to the kicking was,
however, somewhat contradictory as, according to
one or two of the witnesses who were - examined,
the prisoner did not kick the deceased violently,
but merely touched him gently with his foot in
order to make him get up and renew the fight.
The last time the deceased was knocked down he
fell into a coal shed, and a man who was at work
there closed the door and said he had had enough,
and told the prisoner 'to go away, and he did so.
The deceased shortly afterwards complained of a
severe pain in his belly, and it was with difficulty
he got to his own house, where a doctor was sent
for and he was then removed to the infirmary,
where he lingered in great agony for two or three
days and then died. Upon a post mortem exami-
nation it was discoverei that the bladder of the de-
ceased was extensively ruptured, and this was the
cause of death ; and the medical gentlemen who
were examined stated that the injury might have
been occasioned either by a kick or a fall while the
bladder was in a state of distension. There did not
appear to be any external indications upon the de-
ceased's person to indicate that he had been kicked
with any violence in the region of the injury.
Mr. Addison addressed the jury on behalf of the
prisoner at some length, and he contended that he
had to a very considerable extent acted in self-de-
fence, as the second fight bad been forced upon him
by the deceased, who had followed him out of the
publichouse and renewed the contest. He also urged
that the injury might have been occasioned acci-
dentally when the deceased fell, and that as to the
kicking it had been very much exaggerated, and
there was no evidence to show that the death was
occasioned by an injury of that character.
The learned. Judge, in summing up, said that the
learned counsel for the prisoner was not justified
where persons fought rounds together in contend-
ing that death might be caused in self-defence, for,
in such a case, where death ensued, it was un-
doubtedly manslaughter. Where it appeared;
however, that two men fought fairly with their
fists, and death ensued, a slight punishment was
always inflicted, but a good deal depended upon
whether any unfair advantage was taken. In this
case, therefore, in the event of their finding the
prisoner guilty, he should be glad if they would in-
form him whether they thought the kicking had
anything to do with causing the death of the deceased.
The jury, after a short deliberation, found the
prisoner guilty, but said it was their opinion that
the death was not occasioned by the kicking.
Mr. Justice 'Williams said that in consequence of
this expression of opinion by the jury he should
pass a much lighter sentence than he otherwise
would have done. The prisoner had undoubtedly
committed an offence against the law, but under all
the circumstances he thought the justice of the case
would be sat;sfied by his ordering him to be impri-
soned in MaidstOne Gaol for one month without
hard labour.