The Sun.
London, England, 1842-09-24 00:00:00

Mr. Commissioner MERRIVALE said he should order
the case to stand adjoui ned till the 27th of October,
when Mr. Commissioner Fans would be prezent to
hear it.

The amount of the bankrupt's debts, as stated in
his schedule, was 11,4851., his liabilit es 10,9651.
His assets were stated at 2061. 9s. 11d., of which
there were good debts 951., and doubtful 1111.

CENTRAL CRIMINAL COURT.
OLD COURT.
MURDER ON THE HIGH SEAS.

(Continued from our Afternoon Edition of yesterday.)
Mr. CLARKSON then proceeded to address the Jury
on behalf of the prisoner, and called a witness, when
The Foreman of the Jury said that the Jury had
made up their minds at the conclusion of the case for
the prosecution that the evidence was not sufficient to
warrant them in convicting the prisoner.
Mr. AnoLritus said that at present the Jury ap-
peared almost to reprove the Government for having
taken up the case, and he was therefore anxious to
satisfy them that the Government had only done what
its duty to the public required. With regard to the
complaint of a witness having been kept back, he
could only say that that individual was never under-
stood to be a witness for the Crown, and he was not
examined at any time in that capacity.
Mr. Justice WIGIITMAN said there was not the
least ground for complaining of the conduct of the
Government, which had acted only with a due regard
to the interest of the public, and its duty to a foreign
State, one of whose subjects was alleged to have
lost his life at the hands of the prisoner. It was a most
serious charge, and one which demanded full inquiry.
The Jury said they did not wish to throw any
blame upon the conductors of the prosecution, but in
their opinion the evidence was quite insufficient to
support the charge, and they would have stated their
opinion to the Court, but for the expectation, when
Mr. Clarkson rose, that he was about to submit to
their Lordships that there was no case against the
prisoner.
Mr. Justice WxGruratas said that after this impres-
sion of the opinion of the Jury, whose peculiar pro-
vince- it was to consider the effect of the evidence, it
would be useless to proceed any further.
The prisoner was then acquitted.
There were two other indictments for murder
against the prisoner, but upon the application of Mr.
Adolphus, they were ordered to stand over until this
morning.
Robert Smith, aged 27, sailor, was indicted for the
wilful murder of John Preston, upon the high seas.

At the commencement of the case, Sir. Justice
CRESSWELL intimated his opinion that the offence of
the prisoner only amounted to manslaughter.
Mr. Adolphus conducted the prosecution, and Mr.
Ballantine defended the prisoner.
It appeared that the deceased and the prisoner were
seamen on board a vessel called the True Briton, and
on the 20th of June, when the vessel was in the "West-
ern Ocean, a dispute arose between the prisoner and
another of the crew named Gibbs, and a scuffle en-
sued, and the deceased, who was not in any way con-
cerned in the quarrel, struck the prisoner, and he
immediately seized a piece of wood, and struck him
with it, and the result of the blow was the death of
the deceased. The prisoner, after the occurrence, ex-
pressed the utmost regret for the unfortunate affair,
and there was every reason to believe that the fatal
result was entirely unpremeditated.
The Jury found the prisoner guilty of manslaughter.
Mr. Justice CRESSWELL directed that he should be
imprisoned and kept to hard labour for four months.