The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-08-27 00:00:00

FALKNER V. MACKAY

This action was brought by Edward Dean Falkner against
Hugh Mackay, as manager of the Liverpool Albion Bank, to
recover the sum of £lOOO, alleged to have been had and re-
ceived in a transaction relative to the purchase of some shares
in the London and Birmingham Railway.—Verdict for the
defendant.

Mr. Wortley and Mr. Martin were for the plaintiff, and
Mr. Cresswell and Mr. Martin for the defence.

CROWN COURT -WEDNESDAY
- .. EDNESDAY
MURDER AT MANCHESTER.

Thomas Roche, 29, and icint;;Finaciney, 28, stood
charged with the wilful murder of Matthew Naylor, at Man-
chester, on the morning of Easter Tuesday last.
Mr. Wilkins and Mr. Chapman conducted the prosecu-
tion. The prisoner Roche was defended by Mr. Cobbett ;
and the prisoner Blackney by Mr. Bliss.
Mr. WILKINS stated the particulars of the case to the
jury. _ _

Adam Lindsay was the first witness called.—He resides in
Captain's-entry, Jackson's-row, which leads out of Deans-
gate, Manchester. Is a weaver by trade. Recollects the
morning of Easter Tuesday last. Went out of his house at a
quarter to five o'clock that morning. Witness's occupation
is to knock people up to go to work in the factories. Found
a man lying on the steps of a deep cellar in Jackson's-row.
He was without shoes or top-coat, and was lying on his back.
His feet were on the bottom step. Witness ran and fetched
the district watchman, who came and took him away on his
back. The cellar is a very deep one, and the place is awk-
ward. A'man of the name of Taylor, a tripe-dealer, lives in
the cellar.

Luke White examined.—ls a policeman. Assisted in re-
moving the deceased, who was lying on the steps of No. 8
cellar, in Jackson's-row. He had neither coat nor shoes on.
His hat was lying close at hand. His stock was burst, as if
from the fall, and lay upon his breast. Found about half an
inch of the stock lying close to the place where he had been
lying. He was conveyed to the Town-hall, and was drawing
his breath when he was left there.

Cross-examined.—Two shanks were found on him and an
empty paper. Saw no appearance of violence either on his
person or his dress. His head was lying lower than his feet,
and he was lying partly on his face. Witness's impression
was that be had fallen from the top to the bottom in an in-
toxicated state. With the exception of his stock, all his
other dress appeared right. His pockets were undisturbed,
and everything was in its proper place. There were no foot-
marks near th place.
Walker Gotland, Esq. examined.—ls surgeon to the Man-
chester police force. Saw the deceased about a quarter to
six o'clock at the Town-hall, on the morning in question.
Applied the stomach-pump and emptied a quantity of spirits.
The deceased died in twenty minutes or half an hour after-
wards. Saw him again in the evening, when he made a post
mortem examination. There were no external appearances
of violence, except that a little blood oozed out from one of
the ears. The skull was extensively fractured across the
head. There was a considerable quantity of blood on the
surface of the brain, and the brain was torn in one or two
places. The injuries caused his death. A fall on the top of
the head, or a blow from some heavy instrument, would
cause such injuries.

Several witnesses were then examined, who deposed to
hearing cries of " murder" and " watch" in the street.
James Hynes examined.—ls a tin-plate worker, and lives
in Simpson-street, George's-row. Knows both the prisoners
very well by eyesight. Was in company with the prisoner
Blackney about eleven o'clock on the night of Easter Mon-
day. in a public-house in Deansgate. Met Roche that night
as they were coming home together. Met him at the bottom
of Deansgate, near St. Mary's-gate. This was about eleven
o'clock. They both wished Roche good night. Blackney
then bid witness " good night," and said he would go to
Roche. He then went away. Nothingwasthe matt e
or
nwtiht he
Blackney's face when lie left witness. Saw
following Sunday morning at witness's place-of Blackney
residence.
He came on the Saturday night after witness had gone to
bed, and stopped all night. Witness saw him in the morn-
ing. His face was badly cut, and there were drops of blood
on his shirt, which he said had fallen from his face.
After several other witnesses had spoken to Blackney's ap-
pearance and behaviour on the day in question,
Thomas Entwistle examined.—Lives in Gore-street, Man-
chester. Is the conductor of the Railway Tavern. Knows
the prisoner Blackney two years. Was living at the Cotton
Tree on the 27th of April last. Blackney came there about
ten o'clock on the morning of that day, and said he had been
at Blackburn for eight days to be out of the way. He after-
wards said he had been fighting a man in George'a-fields,

and that he had killed a man. He then asked witness if he
had seen an accountin the paper of a man having byeu killed
in George's-fields. Witness said no. He then said it was
not in George's-fields, it happened in Jackson's-row. Wit-
ness then asked him if he was concerned in the murder in
Jackson's-row, and he said no. He said he would go and
give himself up, hut he didn't say for what. Ile said Roche
had not had anything to do with it. Witness asked him how
the man had been killed, and he said "they had beaten him
and hurled him into the cellar." He spoke in the third and
not in the first person. He did not say who the persons
were that had killed him. He also said that if Roche were
liberated, he (Blackney) would be all right. Witness was
examined on two occasions about this occurrence, and has
given a full account of what Blackney said.
Cross-examined.—He said he had seen in the newspaper
that Roche had been taken up, and that he went to Black-
burn to escape arrest. He was drunk at the time, and had
been asleep before he made the statement. He said first one
thing and then another. He drank some beer while he re-
mained. 'Witness mentioned the conversation he had had
with Blackney on the Saturday following, to Sergeant Taylor
of the Mhnchester force.

Re-examined.—He had slept two or three times before he
made the statement, and appeared uneasy from the effects of
drink.

To the Court.—He appeared to be aware of what he was

saying.

John Peter Bibby examined.—ls an inspector of the Man-
chester police force. Apprehended Roche in consequence of
information he had learned. Witness charged him with hav-
ing robbed the deceased. He said, " Anne (meaning a girl
of the name of Anne Butler) has told you.' A placard of
the murder had been printed. Searched Roche's lodgings
afterwards, and found a dark frock coat and a pair of trou-
sers. [Produces the articles].
Cross-examined.—The first inquest was held on the day of
the event. The second two or three days after.
Constable Wm. Sullivan examined.—Apprehended Black-
ney on the 28th April in a cellar in Sharp-street, off George's-
road. As witness approached the door, he saw Blackney
enter the place, and sit down upon a chair. Opposite to him
sat a man in his shirt sleeves, who puffed the candle out.
When the prisoner entered the place the door was locked, and
witness asked a woman to open it, which she refused to do.
Witness then procured another constable, of the name of
Lane, and obtained admittance. Witness found Blackney
sitting on the same chair as before, and apprehended him.
There was no light in the place except the light from witness's
lanthorn. He was told the nature of the charge against him
when taken to the station house.

George Taylor examined.—l am a sub-inspector of the
Manchester police. Examined Blackney's dress and person
when arrested. Found the front of his shirt all bloody. Took
off his neckerchief and found the two corners of it that were
lapped inside also full of blood. [Produces the articles].
The clerk of the crown here read the statement of Anne
Butler, which had been made before the coroner. She stated
that she was married, but that she had only lived with her
husband for a period of three weeks. Since then, herself
and the prisoner Roche lived together as man and wife. On
Easter Wednesday she saw the prisoners Roche and Black-
ney speaking together. She stood about twenty yards off.
On the same evening she went to a spirit vault with Roche,
and they slept together all night. The next morning the
prisoner said himself and some other fellows bad met a man
Deansgate, Jackson's-row, and that after attacking hint
the had nothing about him but his coat and boots,
which he (Roche) took, and had with him. She further said
that some one cried " Watch !" She stated, likewise, that
there was blood on Roche's trowsers. Roche's statement
was next read. He admitted that be had been in Jackson's-
row on the night in question, and that Anne Butler had
spoken the truth with regard to the conversation he had had
with her, but he denied that he had committed the murder.
The case for the prosecution having here closed,
Mr. Buss addressed the jury on the part of the prisoner
Blackney.

Mr. COBBETT also addressed the jury on the part of the
prisoner Roche. Both the learned counsel contended that
the deceased had never been murdered, but that he had fell
dawn the steps of the cellar in a state of intoxication, and
that the fall fractured his skull and produced his death.
His LORDSHIP charged the jury at considerable length,
recapitulating the whole of the evidence, and commenting on
it as he proceeded in a clear, distinct, and comprehensive
manner.

The jury then retired, and after an absence from court of
half an hour, acquitted both the prisoners.
The JUDGE refused to order their discharge from custody
for the present.

SENTENCE ON THE WARRINGTON BURGLARS.
The CHIEF JUSTICE, in the course of the day, desired the
prisoners found guilty of the burglaries in the neighbourhood
of Warrington to be placed at the bar, and his lordship or-
dered sentence of death to be recorded against William Par-
kinson, William Barker, Thomas Goodier, Samuel Penning-
ton, and Henry Ellis. James Unsworth his lordship sen-
tentenced to 18 months' imprisonment ; William Dixon to
10 years' transportation ; William Heywood to 14 years'
transportation; and Thomas Clegg to 18 months' imprison-
ment. FORGERY.
Charles Thomson, convicted of forgery, was sentenced to
transportation for life. The prisoner fainted the moment the
sentence was pronounced.
Daniel Lowe, also convicted of fergery, was sentenced to
18 months' imprisonment and hard labour.
Abraham Schofield and Joseph Schofield, for a similar
offence, were sentenced, the former to 15 years' transporta-
tion, and the latter to 12 months' imprisonment.

MURDER ON BOARD SHIP.
Patrick Cahill, 28, stood charged with the wilful murder
of Eli Robinson, at Liverpool, by stabbing him with a knife
in the left breast.

The case for the prosecution was conducted by Mr. Cromp-
ton ; that of the defence by Mr. Wilkins.
Mr. CROMPTON stated the particulars. The deceased was
the steward of an American ship called the United States,
which, on the Ist of June last, arrived in the Mersey, from
New Orleans. The prisoner was a steerage passenger in her;
and she was at the Prince's Pier, preparing to go into dock,
when the circumstance occurred which caused the death of
the deceased. Their happened to have been a woman on the
quay at the time who witnessed the act, and who would be
called in evidence. It would appear that the prisoner had
been seen coming out of the cabin of the ship shortly after
the deceased; that some expressions were used, with regard
to the exact nature of which the witnesses differed ; and that
some dispute arose, the exact aecount of which could not be
distinctly ascertained; but that the prisoner followed the de-
ceased round the deck of the vessel twice, put his arm round
his neck, and then stabbed him several times with a knife,
there could be no doubt. The consequence was that the
prisoner was tied to the rigging until a policeman went on
board and arrested him, and that the deceased was taken on
shore, and died before he got to the hospital.
These (acts were fully established by the evidence, a com-
prehensive summary of which we gave when the case was
brought before Mr. Rushton.

Mi. WILKINS then addressed the jury on the part of the
prisoner. The case, he said, was a lamentable one, but the
prisoner was entitled to their commiseration, inasmuch as he
was not responsible for the act committed, having been
labouring at the time under mental aberration. There was
nothing in the evidence to show that he had a depraved heart,
and nothing to account for the occurrence which had taken
place. Both the deceased and the prisoner were persons of a
quiet and peaceable demeanour. The idea which existed in
the mind of the prisoner as to their being figures dancing
over the bow of the vessel, showed that he laboured under
some mental hallucination. The act had, moreover, been
committed in the presence of numbers of persons who stood
on the pier as well as the deck of the vessel, when, if he were
not the slave of some supernatural agency, he must have
known that he would be immediately arrested.

Philip Cahill, the father of the prisoner, who lives in the
county of Meath, deposed that the latter had received a frac-
ture of the skull at the fair of Bailiehorough, in 1838. He
was then confined to bed for several weeks, and, when he
went to work at length, he complained of a lightness in his
head. 'Whenever he took whiskey after, he used to throw his
hands about him, and appear like a distracted man. He
subsequently left Ireland for Ametica, in a most unexpected
manner. Witness has seen him in Kirkdale Gaol since this
occurrence, where he talked of devils from Yorkshire, and
other imaginary matters, which led witness to believe hint
of unsound mind.

Andrew Keane, who works for the prisoner's father in
Ireland, proved that the prisoner, on one occasion, yoked
horses to a plough, and ploughed up several of the drills in
a potatoe field. This happened in the month of June, and
on remonstrating with the prisoner on the impropriety of
his conduct, he said that was the proper month for sowing
grain. (A laugh.)

- Mr. Amos, the governor of the gaol, deposed that the pri-
soner's conduct was odd since his committal. He was sin-
gular in his manner, noisy and troublesome.
Mr. CROMPTON having briefly replied,
His LORDSHIP charged the jury, and, in doing do, gave it
as his opinion that the circumstances did not cohere, and
that they were calculated to raise suspicion as to the sanity
of the prisoner. _

The jury, without leaving the box, acquitted the prisoner
on the ground of insanity.

MURDER AT MANCHESTER.
William Hampson, 33, was next put forward on a charge
of having wilfully murdered Frances Bostock, at Manchester,
by cutting her throat with a razor.
Dr. Brown conducted the prosecution, and Mr. Brandt
the defence.

Dr. BROWN stated the particulars of the case, which will
appear from the evidence.
Joseph Yarwood was the first witness examined. On the.
Bth of March he was living at Manchester-road, Manchester,
in the house of a Mr. Lovegrove. The deceased was lodging
there ; her name was Frances Bostock. Knew her by the
name of Frances, and heard that her name was Frances Bos-
tock. She was living with the prisoner, and passed as his
wife. On the day named in the indictment she was in the
house. The prisoner was there also. Heard no quarrel be-
tween them, but they were speaking rather sharply. The
prisoner asked her to make hint some coffee. She said he
roust make it himself. Did not hear him ask her to do any-
thing else. He remained in the place a couple of hours, and
then he went out. He did not say what he was going for.
He came back again in about a minute and a half. He then
sat beside witness. The deceased was sitting alongside the
fire next the chimney-piece at the time. The prisoner went
to the table where there was some bread, and, taking it up,
asked whose it was. She said. " It's not thine—lay it down."
He put it on a chest of drawers immediately at the back of
her head. He then came and sat himself down alongside
witness and commenced talking. He asked her if she would
lie with him that night. She said no—that she could not lie
with him any more. In about an hour after he got up and
said he would have some bread. He went round the table to
where she sat, and he put his hand upon her left shoulder and
brought the razor in front and cut her throat. Witness saw
the razor, and saw him cut her throat. He was standing be-
hind her at the time. He held the razor in his right hand.
He then threw the razor into the ash-hole under the grate.
She bled, and went out of the house. He followed in the
same direction after her, down towards a back door. Did
not see what became of him aftewards. She went to the shop
of Mr. Bowker, a druggist. A little boy took the razor out
of the ash-hole, and gave it to witness, who gave it to Mr.
Bowker.
Cross-examined by Mr. BRANDT.—Knows the prisoner
since Christmas. He was in distress, and iiiniced
wbealesnfow:witlaainroAddut
food many a time. The prisoner and witness had been drink-
ing fourpenny beer the whole of the afternoon on which this
occurrence happened.
Susannah Grestie examined.—Lodged in Lovegrove's house
which
elich made
the handkerchief
at the time in question. Saw the prisoner on the day of the
occurrence. Knew the deceased; site
two o'clock in the day witness was sitting in the room, and,
having heard a noise below, she went down and saw the
prisoner and his wife quarrelling. They were both using
angry words. The witness then went on to corroborate tte
evidence of the previous witness.
Cyrus Alcock examined.—ls superintendent of police.
Went in search of the prisoner athoouuntasevein ob'ociliotc4kwonvatrhdes
evening of the occurrence, aid
hint about
at the time ;
from Mr. Bowker's, in a sawpit.
ainlilgiqhutowraast ptrhoectuirmeed,aannddhwealwjatas discovered.
ktbaraii,oc,
inet h-v:
aho station-Douse.
cislielo.ohsaed
handkerchief was found tied
huapdonhis
and to the end of the habcikemblSf handkerchief, round
dif
htoisthnee
neck
tsietered: ahlirpi
:tef
thebee been
abzroork
le n: . [Produced the the brace
own life from the nianlrn,use
..been
greatly•vat examine . s aouse-surgeon to the
Cross-examined.—Thinks
confused.
William ad
I I
William }tam
tied. He wa,s
Infirmary. The deceased was brotpli
Manchester Infirm
she had
1 . there on
the occurrence ; la( a wound
the night of
c
on her throat
andlvicaifntse,r, ait:
theinches 5t I, in
f
~ 1
dwhAprili'ciii.odf i Shevthidee divided
irritation ttoiwonnol y ofja'igmtuholieltitt. wound and the great loss of
blood. The wound caused her death, and was quite sufficient
to do so.

necessa

they intended to

that six w

Budden

stopped

deavoured to
He should shi
plaintiffs, the

ceived had offeie
cent.

ke such steps as he might deem
lterests, without ever saying that

e defendant liable. But it appeared
bill had come into the possession of
he house of M'Clellan, of Quebec,

it five years after, had the plaintiffs en-
the defendant liable for the amount.
at the period the note was sent to the
of M'Clellan was considered in good
act, the broker from whom it was re-
guarantee the bill for one-half per

The learned JUDGE asked Mr. Knowles how he proposed
to support his

Mi. KNOWLES
Veneer had instruc
and there was rel

ated that the house of Budden and
ms to take nothing but undoubted bills,
ti to suppose that the bill in question

was not of undoubted character

Several witnesse

ing that the house of M'C'
pute up to the period of t
copy of the bill were then

re then called for the purpose of show-
ellan, at Quebec, was in good re-
e, and an account and a

In reply to this, Mr. KNo
the plaintiffs to the defends'
not to remit any bills but
letters from the defendant v
tained the bill, dated Octoli

WLES put in some letters from
t, requesting hint to take care
with undoubted names. Two
ere also read, one which con-
)er, 1836, and another of subse-
plaintiffs that the bill would be
ter, dated the 23d of January,
o the effect that the bill was returned
r, and that they (the plaintiffs) declined

quent date,

dishonour

1837, was then rem
to Budden and Vennt
to recognise it at present
Mr. CRESSWELL replied to the further evidence offered by
the plaintiffs.
Mr. KNOWLES replied to that given on behalf of the
defendant, and contended that the bill had not been taken
by the plaintiffs in satisfaction of the balance due. He
observed, that all the facts of the case proved, that at the
time the bill came into the possession of the defendant, it
was well known at Quebec that the house of M'Clellan was
insolvent.
The learned JUDGE having
retired for about ten minutes
for the defenda

This was an action
two houses in the tow

Messrs. Cresswell a
and Messrs. S. Wortl

The jury found a

thus eitablishi

ummed up the case, the jury
and then returned a verdict

to try the right to a passage between
i of. Halifax, in Yorkshire.
nd Hill were counsel for the plaintiff,
and Tomlinson for the defendant.
.dict for, the plaintiff, with Is. damages,

N COURT

-Y ESTERDAT

MURDER IN LIVERPOOL

Girolmo Cappella, 30, an Italian, was indicted for the wilful
murder of Antonio Tuscani,:also an Italian, at Liverpool, in
the month of July last.

Mr. Armstrong and Mr. Henderson conducted the prose-
euction, Mr. Wilkins appeared for the prisoner.
Some difficulty was experienced in forming such a jury as
is customary in such cases, namely, one six English, and six
Italian. At last Mr. Wilkins agreed to take the jury as it
stood, namely, nine Englishmen, two Italians, and one
German, who understood the Italian language. Joseph
Liardi acted as interpreter.
Mr. ARMSTRONG, in stating the case to the jury, said the
prisoner at the bar was indicted for the wilful murder of
Antonio Tuscani. The 'prisoner was a foreigner, and upon

that acount he

portion of the jur
of those who wen

witnesses who wt
amined, if it was
terpreter, which w

is it was his privilege, to have a

.
,mposed of his own countrymen, and
niliar with his own language. The
I appear against him, would be ex-
mry, through the medium of an in-
nake the case somewhat long although

the facts were very short. The prisoner was an Italian, arid
the unfortunate deceased was also a native of that country.
The prisoner had lodged in the same house, with a number
of other foreigners, for four years ; the deceased had lodged
there only about two years. They were both musicians, and
for some time they had been in partnership, going about the
country together, the prisoner carrying the purse and pay ing
the expenses. Before this unfortunate affair they had had a
quarrel about some money, but it was not supposed to have
caused any serious difference between them, although it was
known they had quarrelled. On the night of 12th July last,
the deceased and the prisoner slept together, and a man and
his wife slept in the same room. The prisoner went to bed
before the deceased, and the deceased retired between eleven
and twelve o'clock. The last persons up were the lodging-
house keeper, who went to bed about one o'clock, leaving a
fire ready prepared for lighting in the morning. About four
o'clock, the inmates of the house were aroused by a cry of
" I am burnt, lam scalded to death." Toscani, the deceased,
was then seen running down stairs as if in pursuit of some
body. Only one witness saw the prisoner run down stairs
before him. When the landlord came he found the deceased
covered with oatmeal porridge on the face, chest, and belly ;
he enquired of the deceased who bad done it, and he said
" Cappella." Afterwards, all the lodgers came down stairs,
and the only one missing was the prisoner, whose hat was left
upon the table. The landlord found on the fire an iron pot,
which had contained oatmeal and water; this pot he had
washed himself, and put it into the scullery, before he went
to bed. At the foot of the bed on which the deceased and
the prisoner had slept, a bucket was found, half-full of the
mixture. The deceased was taken to the Infirmary, where

he died on the 26th July. The learned gentleman then
described the state of the bedroom, as found by the landlord,
and the circumstance of the prisoner calling on the witness
Rabioti. On the 26th, the prisoner called in one of the wit-
nesses, and enquired how the deceased was. The witness
told him he was very ill, and that he ought to go and see him.
At that time the deceased was dead, but this was said in order
to get him to the police office to be apprehended. The learned
gentleman concluded by submitting that under all the circum-
stances, the case was one of murder.
Luigi Ginocchio was the first witness called. He said—l
am a Genoese, and have been in this country about 18 years.
I knew the deceased Antonio Toscani; he lodged at my
house, in Circus-street. I know the prisoner ; he has lodged
in my house about four years. They slept together in the
same bed in the top room ; in the same room also slept Do-
minico Basini and his wife. On the night of Monday, the
12th July, I saw the prisoner and the deceased in the house
together, but 1 cannot recollect which of them went to bed
first. I remained up after they had gone to hed till one
o'clock, or half-past. Between three and four o'clock I
heard a scream from the top bed-room ; I jumped out of bed,
and saw the prisoner run down stairs. I ran down stairs
myself, thinking the house was on fire. At the foot of the
stairs I saw my wife, who had hold of the deceased, who
had run down also. I asked what was the matter, and the
deceased said "I am burned, lam dead:" I asked him who
had burned him, and he said " Capella." The deceased had
no clothes upon him. I noticed that his face was not much
scalded, but that his body was. There was some flour
"mixed up" upon his face and body. He was entirely
naked, which is sometimes the custom with Italians in
sleeping. I noticed that the prisoner was quite dressed, ex-
cept his hat. There is a door to the cellar which communi-
cates with the street. It was half-past three o'clock when I
saw the prisoner run down stairs into the cellar and out at
the door. My wife went to get a shirt for the deceased, after
I bad cleaned him as well as I could, in the kitchen. I then
went to fetch a doctor, and returned in five or six minutes.
After putting the deceased into another room, I went into
that in which the prisoner and the deceased had slept. I
found some of the mixture upon the bed, and some in a
bucket at the foot of the bed. The mixture upon the bed
was just like that which I saw upon Toscani, and think it
was the same. The bucket was usually kept in the kitchen;
there was only one fire in the house when I went to bed, and
it was in the kitchen, " made up" for lighting in the morn-
ing. It was smouldering when I left it. At four o'clock in
the morning I saw that it had been made up again. I no-
ticed alittle iron pot near the fire, which pot I had left in the
scullery with the bucket when I went to bed. There was
nothing in the iron pot in the morning, but it was dirty with
the same sort of mixture that was upon Toscani. I had
cleaned the iron pot the night before. The mixture was
made of oatmeal. I received a knife that day from Domenic
Basini. one of the inmates of the house. I knew the hat the
prisoner was accustomed to wear. I saw him run out of the
door of the kitchen' without his hat, as fast as any man could
run ;he did not return that day. His hat I found on the
table, and it has been in my hands since. The deceased was
taken to the Infirmary the same day • I visited him there,
and he always said he thought he should' die. He told
" I have been burned by that Capella; he has. me,
taken my life;
I cannot be cured; lam a dead man." Ido not know whe-
ther he said this from the great pain he was in,die or jvhether
be said it under the impression that he
thought he should recover. ihe
hrleasrioei
he
tell whether he
had a French piano, which he kept in the room where
slept.
The pri.misr's hat is not her

examined by Mr. Wm s , and he
ether slept in his house
that night,
ge makers or dealers in p
the deceased was not plaste -Off-
r-
Witness examined the mixture
The prisoner and the deceased appeared to be on
when they went to bed. The prisoner had borne
cter for good nature up to this time.
ied.—The mixture suioked when witness ex-
Bit he did not touch

The witne

said that 13

none of wh,
paris. The

pads, but c

minute!

good terms

amined it

e was sometimes the food of the

prisoner. English. but was
Dominica Basini, an Italian, who spoke
examined through the medium of the interpreter, said he
and his wife
lodged in the house of the last witness. He
went to bed about eleven o'clock, and slept in the same room
with the prisoner and the deceased. Witness was awoke be-
tween three and four o'clock in the morning by a great noise
upon the stairs, and the deceased crying out " Capella has
scalded me !" Wituess went down stairs in about a quarter
of an hour or half an hour afterwards. When he got out of
bed his feet went into some dirty mixture on the floor, an

Antonio Solar-i, servant to the witness Moss, said, he
heard the deceased scream and use the words, " forgive me,
I'm a dead man." 'Witness saw John Baptist Bisolasi, one
of his comrades, pick up a knife on the stairs. The knife
was open, and standing against the stair with the blade up-
permost.

John Baptist Bisolasi confirmed the statement of the last
witness as to the finding of the knife, aid he gave it to
Basini. He also confirmed the evidence of the other wit-
nesses as to the cries of the deceased. The prisoner's cha-
racter was good. . _ _ . _ _ _ .

Carlo Rtibioti said, he was a musician, and kept a house in
Liverpool. Ginocchio's house was about half a mile from
his. Knew the prisoner, who clam to his house on the
Monday night at ten o'clock with his piano. Witness told
him if he wanted his instrument repaired the man was out.
He replied, that he did not want it repaired. Witness was
at supper, and asked him to hale some, but he said he•was
in a hur •y, and lie wished to go home. He said, he would
lem e the instrument there, as he bad to go some where to
play very early in the morning. He left it, and went away.
The next morning be came at four o'clock, and asked for
his piano. He had no hat, and said that some blackguard
had taken it last night. Witness lent him one. He then
went away. This witness gave the prisoner a good character.

Mr. Thomas Brandrethsaid he was house-surgeon to the
Liverpool Infirmary, and recollected the deceased being
brought there on the 13th July. He had received a very ex-
tensive scald over the face, neck, chest, abdomen, sides, part
of the back, and the upper part of the thighs. He died on
the 25th. He died from exhaustion, whieh resulted from
the scalding. A patient in the same ward interpreted for
witness what the deceased said, as witness does not know
Italian. He was in a very dangerous state when he was
brought to the infirmary, and continued so till his death.
Mr. Dowling, police-commissioner, said he understood
the Italian language, and on the 17th July he accompanied
Mr. Rushton to the infirmary, to see the deceased, who was
then in great pain, but quite sensible. Witness asked him
particularly whether he thought he should recover or not?
He replied " No ; it was impossible ; he felt great pain in
his stomach, and he could scarcely breathe." Witness's opi-
nion was that be thought himself in such a state that he could
not recover. The examination was then taken by Mr. Rush-
ton, and witness translated it to the deceased, who then put
his mark to it.

... __
The examination of the deceased was here read. It has
ready been published in the STANDARD.
Archibald Balfour, beadle of Liverpool, said he was pre-

sent at the inquest before the coroner, and heard the prisoner
make a statement (which was now read), to the effect that
the deceased owed him £l2, and when he asked him for it,
on the Sunday before, he said one had been put into the bu-
rial ground to-day, and there would soon be another, -mean-
ing the prisoner. •
This was the case for the prosecution.
Mr. WILKINS then addressed the jury, in a most eloquent
speech, on the part of the prisoner. He commenced by stat-
ing that he trusted he should be able to convince them that
at most the offence was one of manslaughter only. They had
heard that for many years the prisoner had borne an excellent
character for humanity and kindness, and if that were so was
it not inconsistent to say that he could in one moment be-
come a murderer. He contended there was nothing to prove
that the deed was done by design ; in the first place there
were fifteen persons in the house, and the instrument was
one of the most clumsy that could have been selected. Again,
if he intended to scald the deceased there were two kettles of
hot water which he might have used, without his going to the
trouble of making the mixture spoken of. He must have known
too that the screams produced by the torture of the scalding

must inevitably lead to his detection. The view he took was,

that the prisoner went down stairs to prepare breakfast pre-
vious to both going on their journey ; that when he took it
up stairs some sudden quarrel took place about money, and
in the beat of the moment, without premeditation or inten-
tion, threw the mixture upon the deceased. A knife had
been produced, but it had not been proved to belong to the
prisoner ; but it had been proved by the deceased himself
that he had told the prisoner that there had been one funeral
that day and there might soon be another. After some fur-
ther comments the learned gentlemenreverted to his original
position, and called upon the jury to return a verdict of
manslaughter.
The CHIEF JUSTICE then summed up, recapitulating all
the circumstances of the case.

The jury then retired, and after an absence of a quarter of
an hour they returned into court with a verdict of Guilty,
but recommended him to mercy on the ground of his previous
good character.
The JUDGE ordered the prisoner to be brought up for sen-
tence to-morrow morning (Friday.)

ASHTON ELECTION RIOTS

Job Tankard, 33, James Hallsworth, 25, William Mars-
land, 23, John Briggs, 26, Richard Hadcroft, 34, John
Royle, 26, and James &osier, 26, were indicted for feloni-
ously and riotously beginning to demolish and pull down the
dwelling house of James Taylor, at Ashton-under-Lyne, on
Thursday, the Ist Jnly last.
Dr. Brown and Mr. Brandt prosecuted ; the prisoners
Hallsworth and Briggs were defended by Mr. James ; the
others were undefended.
It appeared that the polling at the election for the borough
of Ashton-under-Lyne took place on the Ist of July last,
and, party spirit being very strong there, a riot took place,
in the course of which much violence was exhibited. The
prosecutor kept a tavern, which was resorted to by.the friends
of Mr. Hindley, one of the candidates, called the New Town
Hall Inn, and it was against this house that the rioters di
rected their attacks, doing considerable damage. A great
number of people were apprehended, among whom were the

prisoners.
The jury found all the prisoners guilty, but recommended
them to the mercy of the court, on the ground that it was
probable their actions had been induced by others in a diffe-
rent station of life.
The CHIEF JUSTICE said he was bound to order sentence
of death to be recorded against them, but the act which di-
rected him to do so would expire in the month of October.
Under these circumstances, he should add his recommen-
dation to that of the jury, and in all probability they would
be discharged on finding sureties for their good behaviour.
If that should be so, he trusted those sureties would never
have to be estreate4.