The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-03-30 00:00:00

MANSLAUGHTER.

Charles Worthington, aged 17, was charged with havtng, in
the month of September last, in this town, killed James ()al-
lege°.
The prisoner stood charged, under the coroner's inquisition,
with murder. The grand jury, however, found a bill for man-
slaughter only.
Mr. Armstrong conducted the case for the prosecution, and
Dr. Brown defended the prisoner.'
Peter Evans stated that he was formerly in the service of
Messrs. Varty and Wilson of this town, coach-builders. The
deceased, James Callagan, was foreman of the trimmers there.
The prisoner was anapprentice, and was in the body-maker's
department. On the 12th of September last the prisoner was
in the workshop, and he reqUested one of the boys to go with
him to turn the grindstone, as he wished to grind his chisel.
The foreman interfered, and said he should not have the boy as
be was wanted. The deceased had yrettiously employed the
boy. Worthington had the chisel in his hand at the time.
Some altercation ensued on the subject. The prisoner, seeing
that the boy had his gimlet, snatched it from him, saying the
boy should npt have his gimlet. The deceased took the gimlet
from Worthington and struck him on the face, witness believed
with the back of his,hand. The prisoner immediately struck
the deceased with his chisel. Callagan was wounded. He tan
out of the work-shop holding his hand to the wound. He was
taken to a public-house and afterwards to the infirmary,
Wilson. Tong and Patrick Davies gave evidence of tendency
similar to the above.

George Lee, an apprentice at Messrs. Varty and Wilson
stated that ho was the boy whom Wort.lington requested to
turn the grindstone. The only points in which the testimony
of this witness differed from that given by those above-named,
were the following. The gimlet which he (witness) bad in his
hand fell to the ground. Worthington took it up. CaHagan
snatched it from him and struck him on the eye with it. The
eye looked bloodshot immediately. Callagan seemed as if he
was coming on, again, when the prisoner held up the chisel and
made a push with it. -
Mr. Nottingham, a surgeon at the infirmary, stated that Cal.
lagan lived 1, days after he was taken to the infirmary. He
described the nature of the Wound, and said it had caused death.
The witnesses agreed that the prisoner and the deceased had
always been on intimate"and friendlY terms.
Dr. BnowN addressed the jury for the prisoner, dwelling on
the mitigatory circumstances in the evidence of Geo. Lee.
The learned JUDGE, in his comments on the„evidence, said
it was impossible to reduce the present charge below man-
slaughter, because in truth this blow was not given in self,de-
fence. Even having received a bloW, it should not have been
returned with a dang,erous instrument.
The Jury returned a -verdiet—guilty of-manslaughter.
Dr. Bitow:si said he hadpresent the nurse. who attended the
deceased in Use infirmary, andshe .had heard tie deceased say,
that he hoped Worthington was nut in custody,. as he was not,
❑nder the circumstances, to blame_ He (Dr. Brown) was sen-
sible that he could not offer this in evidence, but he thought it
right to mention it.
Witnesses were called, who gave the prisoner a good cha-
racter.

His LORDSHIP, after mentioning the length of time the pri-
soner had been in custody under the apprehension that he would
be-tried for murder, sentenced him to be imprisoned for two
months, and kept to hard labour.