The Sun.
London, England, 1826-10-25 00:00:00

ing it.

John Burnett was then culled, bat did mit answer; it:
appeared that be was ut sea.
Samuel Kershaw, examined by the Court.-.- Wits.

cooper on board the Kent; on the day in question there
were words between the prisoner and the deceased, but I

don't recollect what they were; I saw the prisoner get
up and strike Tate with his fist, who tell over on the
bench ; Tate defended himself with his knife, and the
prisoner said, " if you are for knifing, I shall knife it too ;"
he then struck him with his knife, and immediately sung
out for the doctor.

Cross-examined by Mr. ANDREWS—The prisoner's
body being between me and the deceased, prevented me
from seeing exactly what happened.

Thomas Gray, apolioe-ollicer, produced two knives,
which the surgeon of the ship Kent gave to him.

Richard Christopher being recalled, identified them.

This was the ease for the proseeution ; after which the
prisoner entered on his defence ; and the Jury, without
hesitation, returned a verdict of" Manslaughter."

MANSLAUGHTER.

Edward Kenny, a Lieutenant in the 89th Regiment of Foot,
stood indicted for the mauslaughter of Robert Charlton, Surgeon
to the ship linssorah; by a leaden ball, bred out of a pistol, on
board that vessel, au the 213 d of, April last, on that part of his
Majesty's high seas, which borders on the Cape of Good Hope.
Mr. Horace Twice stated the case for the prosecution,—having
detailed the circumstances of the case, as would appear in the evi-
deuce of the witnesses, he observed, that there was nut even the
shadow of a suspicion that Mr. Kenny had been actuated by any
degree of malice, but, on the contrary, was up to the moment of
the melancholy event, in habits of intimate friendship with the
deceased, and bad subsequently displayed the most poignant sor-
row for the distressing occurrence...—The following witnesses were
then examined.
Wm. Madge examined by Mr. Maumr—Deposed as follows :
I am a Lieutenant in the 45th regiment ; was on board the ship
iludsorah on the day of the occurrence in question, which was
the 28d of April ; the ship set out from Madras for England
in February ; the deceased was her surgeon ; the day iu question
being the King's birth-day, I, with several others, indulged in
festivity in Mr. Kenny's cabin; I was going away about
ten o'clock in the evening, when the ale eased said, you must
not go away, you have drank nothing. you don't Like elaset,
and I will fetch yen a bottle, of Madeira, and having said so he
went out, and after 4 few moments I also went out, and met bins
returning witli the bottle ; I went to bed, and in about an hour after
on deck I saw the dammed
this)* me over deck, or do what you please with me;" he ap-
peared in very great agony ; this was tsimut twelve o'clock.
Cress-examined—Mr. Kenny had ou that evening presented
the deceased with a silk handkerchief us a token of friendship.
By the Counx—Dr. Charlton bed been put on salt beef, and
dispossessed of hie own cabin by the Captain. About 12 o'clock.
I saw Mr, Charlton and Mr. Kenny at the poop, and having ob-
served a flash coming from Mr. Kenny's pistol, I went down to
inform the Captain that they were fighting; on our return we
did not find them at the poop, but we beard.the report of a pis-
tol, and em
going towards it, I saw the deceased weltering in
blued, and I beard Mr. Kenny say, " My God, I have shot the
beet friend 1 had in the world, and all for a woman."
Cruse-examined.
---The deceased was put on salt-beef by the
captain, in consequence of souse difference. Mr. Kenny, took
into his •
bins from benevolence
This being the case for the prosecution, Mr. Kenn hehu,
called on for his defence, read a statement, in which he feelingly
the merciful consideration of the .Lary, explained the
rise, progress, and termination of hit fatal misunderstanding, and
Attributed the whtde to the unusual circumstance of his being
intoxicate 1.
/Lis manner of delivering this statement was very haprtuive
and bad a corresponding effect on every person in Court, several
of whom, and among them Mr. Jastice Park, wept feelingly.
The following witnesses were then examined as to character :--
Major-Gen. SeweL—Has known the prisoner eight years; inner
intimately acquainted with him for two years in India; reeves'
knew a man whn discharged the 4, s lw
a les of an (sleet with more
prepiitty ; he was benevolent, patient, and generous, so as to
the esteem of all who knew him ; he was, in consequent* of hi'
grad tenTers appointed Adjutant to the regime„t, where he had

to deal with a great number of uneducated men ; he there gave
the utmost satisfaction.

Colonel Wilder has known Lieutenant Kenny for seven years ;
never knew a man so kind or so huinaue.

Several other Military Officers gave evidence to the same
effect.

Mr. Baron GARROW in addressing the Jury observed that during
his experience he bad never heard so good a character given in a
Court of Justice to any man as had been now given to Mr.
Kenny. His Lordship concluded by observing that unless
the Jury believed that the deceased had provoked Mr.
Kenny by a personal assault, the offence in point of law, amount-
ed to only manslaughter. The Jury returned a verdict of guilty,
but recommended that the lowest punishment should be inflicted.
Loan STowELE addressed the prisoner, and said, that after the
high character that had been given to him, it was not likely that
he would be again guilty of such a crime. The sentence of
the Court, thereore, was, that he should pay the sum of I 0/. to
the King, and be discharged.