The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-08-28 00:00:00

floor. He fell on his knees on the floor, and his head sunk to

• ,
the ground. He neither stirred nor spoke. He was not dead.
tie gave a great snore when I went into the cabin, and I could
see the veins of his neck give way. I did not think that any-
thing ailed him, but that somebody might have hit him over
the nose or suminat o' that. The deceased was in the same

bed as he had occupied the night before, and I supposed him
to be stupid with drink. The prisoner had, on the preceding
night, a light coloured pair of trousers, and he had the same
on next morning. He was not lifted up while I staid.
Samuel Cheatham.—l am a fellow-boatman with the last
witness. I was at the Brownsfield Tavern on the 21st of
March. The prisoner and William Clayton were quarrel-
ing. The prisoner was angry and called the deceased names.
Clayton tapped the prisoner on the cheeck, and told him if he
wanted to fight, he would fight. I left the tavern a little
before seven, and they were all three there. Clayton was

asleep on the form. I nest saw the prisoner at the same tavern
a little after eight. The prisoner suppered his horse, and I
and Howarth left him there. We went to the boat, and found
that our lines were stolen, and I sent Howarth back in con-

sequence. I went to the prisoner's boat next morning. I
looked into the cabin. The deceased was in a kneeling pos-
ture, close to the bed, on which his head rested. The prisoner
pulled the deceased over, and he then lay on his back. He
seemed pressed for his wind, bat I thought it was with what
they had done at him to awaken him. I saw marks on his

cheek and chin. There was dry blood upon his face. His
eyes were swelled up as if he had been fighting.
Thomas Sidebottom.--I live in Long-street, Manchester,
and work in Mr. Bridge's slate-yard. On Saturday the 21st
of March, I left soon after seven o'clock. I saw the prisoner
a little before seven go out of the yard with a bag, like pro-
vender for his horse in it. I could not tell what it was. It
appeared to he heavy. If it were corn, there would be half-a-
dozen, or more feeds. I had seen the deceased, a little before
that, go out of the gate. He was very drunk. William
Paton locked the gate when we all went. The prisoner stood
outside the gate, and asked if we were going to lock up.
Paton said, "in a minute." I asked the prisoner if he were
going in

He said he did not know, but he went in a moment

after. He had not the bag with him then. There is no en-
trance to the yard but through that gate, except over the wall.

The wall, at the lowest place, is six feet high

William Paton corroborated the testimony of the last wit-
ness, so far as related to the interview at the gate. _

Thomas Prichard, of Booth-street, Manchester.—l am in
the employ of Mr. Booth. I left my work on Saturday, the
21st, at seven o'clock. About half an hour before I left, I
saw a man pass into the yard towards Shepherd's boat. I
could not tell who it was ; I did not notice. Some time after,
shortly before I left, I saw a man, with a bag on his shoul-
der, out of the yard. It was not the man I had seen go

in before. I did riot see him go back.
Sarah Taylor.—l live at the Brownsfield Lock-house. On
the 21st of March, a person came into the house, and got a
rope lighted about seven o'clock in the evening. Soon after
I heard cries of murder repeated about three times. I did
not take any notice, as I em in the habit of hearing such
cries. Soon after Bold came, and told me what he had seen.

He said lie had seen a good. fight. I did not hear any cries
after that.

Martha Jackson, daughter of Mrs. Jackson, who keeps the
Lock-house. On the night of the 21st of March she deli-
vered a light to some one who handed a rope over the wall to

her. She heard the screams of murder three times.
George Fisher.—l am a carter, in the employ of Mr.
Airy. On the 22d March I was at the stable in Browns-
field. On my way to the stable I met with the prisoner. He
asked me to pay for a pint of ale, saying that he was unwell.
I agreed. He said they had had a serious misfortune ; that
John Cheetham's boat had been robbed of the whole of the
lines, and William Cheetham had been very badly used. He
had lent John Cheetham an old hauling line. Their corn
had been stolen, and he had an extra feed and that was gone
too. He said two men and a woman had abused the de-
ceased.

Prisoner.—l said four : the deceased told me four.
Peter Hambleton, a beer-seller, stated, that the prisoner
was at his house on Sunday morning, the 22d, when he told

me that two men and a woman had been on board and had

used Cheetham sadly. He said he had requested deceased
to get up and wash himself and he had assented. Witness
remarked, that it was strange that they should have so many
robberies, so many Saturday nights together, and that no one
should have looked after them. Two or three boats had
been robbed of their lines some different Saturday nights be-
fore that. Witness asked the prisoner why he did not alarm
either him or Mr. Wormbold about it. He replied, " I
thought he was only sadly beaten and he would be better in
the morning." He said they robbed his vessel of a line and

a sack and corn.
William Shepherd, owner of the boat of which Clayton was
the captain, after corroborating a slight portion of the for-
mer evidence, said the prisoner had been in his employ nine
or ten years. When he was in a passion his voice was rather
shrill.

Mr. William Smith, a surgeon, proved that the deceased
was brought to the Manchester Infirmary on the 22d March.
The cause of death was fracture of the skull and effusion of
a great quantity of blood on the brain. There were lacera-
tions of a scalp and several contusions on the face. The
fracture was produced by a blow from some heavy body. A
brickbat thrown violently would produce it, or a blow from
a mallet, but a kick would not.
James Wardle, a policeman, of Manchester, deposed, that,
having heard of a murder, he proceeded to the boat. He
described the appearance of the deceased. The prisoner was
on board, who told him that the deceased had informed him
that he was beaten by four men and a woman, who had rob-
bed him of five shillings and the boat of a line and the corn.
There was a large hole in the hat of the deceased, as if cut
with a slate or a brick. There were marks of blood on the
floor and bed.
John Butcher, a sergeant in the Manchester police, corro-
borated the above testimony. as regarded what the prisoner
stated he had heard from the deceased. The prisoner did
not believe at first that the deceased was so bad as he was.
Witness produced a brick which he had found on the canal
bank with blood upon it. The blood was still on it. The
morning had been wet, but it had ceased raining, and the
brick was quite dry.
James Sauley, one of the superintendents of the Manches-
ter police, proved that there were some marks of blood upon
a mallet found in the cabin of the boat. The blood was
then quite fresh. The prisoner had on a pair of uncut fus-
tian trousers : there were spots of blood upon them about
the knee, which might have been done when the prisoner
assisted to carry the body. The trousers were produced.
They were of a dark dirty-coloured fustian.
Haworth was recalled by the Judge. He said, in reply
to a question from his lordship, that when he saw the pri-
soner and the deceased, the latter did not say anything that
indicated an intention of blaming the prisoner.
His LORDSHIP, in putting the case to the Jury, remarked
on the confusion which appeared throughout the case, through
which they must endeavour to see their way as clearly as they
could. Ere they could find the prisoner guilty, it would be
necessary for them to satisfy themselves that the prisoner was
the man who had inflicted the injuries of which the party had
died ; if they were of opinion that that had not been satisfac-
torily made out, the prisoner must be acquitted. On the
other hand, if they felt satisfied that he had inflicted those
injuries, they would then have to consider whether the case
amounted to murder, or only to manslaughter. The offence
appeared to have been committed by the mi.n who threw the
stones ; and from what he had said about his having been
throttled, it would appear that there had been a struggle be-
tween the parties in the cabin, and that the man seen on the
outside had, in a state of exasperation, committed the vio-
lence which had produced the fatal effects described. It was
not sufficient, in order to reduce the crime to manslaughter,
that there had been a fight previously, for if it were proved
that the retaliation had exceeded all reasonable limits, or that
the conduct was such as to exhibit a savage and brutal tem-
per, and a determination to wreak vengeance, it would un-
doubtedly,take a more serious aspect. It was always neces-
sary in such cases to ponder upon the evidence very carefully.
His Lordship proceeded to read over the evidence very mi-
nutely, dwelling in his progress on such points as were ma-
terial.
The Jury retired at four o'clock, the case for the prosecu-
tion and the summing up having occupied seven hours. They
returned at five o'clock,• and delivered in a verdict of guilty
of manslaughter.
His LORDSHIP remarked upon the barbarity with which
the circumstances of the case had been marked, and passed
upon the prisoner sentence of fifteen years' transportation.
CHARGE OF MURDER.

James Kiveringan, aged 30, was charged with having
killed George Washington, in this town, on the 21st of July.
The coroner's jury returned a verdict of manslaughter, and
so the prisoner stood charged in the calendar ; the Grand
Jury had returned a bill for wilful murder, on which the pri-
soner now stood for trial.
Mr. Armstrong and Mr. Murphy conducted the prosecu-
tion, Mr. Wilkins the defence.
Mary Brown sworn.—(This witness is a woman of colour.)
—I am a widow residing in this town. I knew the deceased.
His name was Washington. I know the prisoner slightly.
He keeps a public-house in Stewart-street. In July last I
remember coming up Stewart-street, about eight o'clock in
the morning. I saw M`Kiveringan standing a few doors
from his house. He had a stone larger than my fist in his
hand. I saw Washington pass me. He went on a-head of
me towards the prisoner. The prisoner stood on the foot-
walk, and Washington stepped off to pass him. (Washing-
ton, the deceased, it appeared, was a black man.) There
were two other persons with the prisoner. When Washing-
ton had passed them, he put his foot on the parapet to go on
it again. The moment he did this, M`Kiveringan struck him
with the stone between his two shoulders, a very severe blow.
The deceased fell. As the deceased was falling, the prisoner
succeeded his blow with his foot, kicking him on the side of
the head. As this was done I ran up. I said, " Oh, Mr.
Washingion's dead." Two or three men and women ran up
to help him up. He could not speak, but bled at his mouth,
nose, and ears. I saw the deceased conveyed home. He did
not recover his senses while I remained with him.
Cross-examined by Mr. WiticiN9.—l am a native of Ame-
rica, and I get my living by washing for seamen. The de-
ceased was rather infirm. (It appeared that he was 63 years
of age.) One of the mei) who went up when he fell was Mr.
*-6tnith ; has since gone ta sea.
Margaret Tregulwellisiated; that on the morning of the 21st •
July she teas in .Stenwart;istreet. She site, a crowd, and the
deceased, George Washington, lying on the ground. He was
insensible, And-blood was corning from his ears, nose, eyes.
and mouth. '4,raised up his head and gave him a drink of
water. He gave a
a kind .
of cough, and the bloody water all
came
e near Stewart-street. I recollect
gushioinbn.a—ckl gre
rid asinid
theßinogrnegit ygo
of Tuesday, the 21st July last. I went out that
morning litconsequence of having heard something about a
black mtg. I crossed over the street, and saw the black man
lying, as 1 thought, dead. I went by direction of Tre d 1
described wel
to get a tArink of water. Witness the application
of the yater as the last witness had done. About 25 minutes
after 1 'saw M`Kiveringan in. the street. said to a woman
that be.had on the night before got beaten by a coloured man,
and he would beat every coloured man_ don't know thehe came across.
Cross-examined by Mr. WILKINs.I
woman to whom he said this. It was about a hundred yards
from M'Kiveringan's house. It was beside the lowest Jew's
shop in the street.
soner under charge of stabbing, sworn.—l knew Washington.
Daniel Atkins, a man of colour, who was himself a pri-
I lived at the house where he lodged. I saw him after he had
been brought home. lie was sitting in a chair. He was in-
sensible. I saw Mary Brown soon after, and in consequence
of what she said to me, I went in search of the prisoner. I
and my companion found him. I asked him why he struck
such an old man. He said three or four coloured men had
beaten him the night before, and he was determined to strike
the first coloured man he saw that morning. I returned to
my lodgings, and soon after Washington was taken to the
hospital, where he died.
Bridget Dewell, a creole, proved that the deceased was
brought home insensible on the morning of the 21st July last.
William Gaskill, one of the house-surgeons of the Northern
Hospital, stated that on the 21st of July, in the morning,
George Washington was brought in in a state of partial
stupor. He had on him no mark of external injury, but he
had a swelling at the back of his neck. On account' of the
colour of his skin, lie could not observe any marks of bruises.
He remained in the hospital nineteen days, when he died. A
post modem examination was made. All the organs of the
body were healthy except the brain. Beneath the scalp on
the right side there was a clot of blood, which could only
have been produced by violence. There was an abscess in
mocigchai
occa-
sioned by external violence. Astoneer all
the brain, and a slight trace of inflammation. There was also
a lacerated appearance, which is frequently found after death
blows on the head. These
blowappearancesfroma Were
might have been
all of which
occasion such appearances,
produced by one violent blow.
of aggravated a
• The jury found the prisoner guiltym n-
slanghter.
Mr. Witimea called' witnesses, who spoke to the general
good 'character and humanity of the prisoner.
His LOADISIIIIP said, the crime of the prisoner had ap.