The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1847-03-30 00:00:00

ticed to only one fortnight's imprisonment

r. Sergeant WI

KINS applied to the Court for a post-
nement of the trial of Elizabeth Johnston, charged
th the wilful murder of her husband, on the grounds
at the Crown had just intimated to him the existence of
atain additional evidence which was intended to be used
3. her trial, the nature of which he was totally unac-
minted with, not having heard of it before. He there-
ire begged that the trial should be postponed till the
ext assizes, in order to give the prisoner's counsel an

pportunity of meeting that fresh
Baron ALDERSON said he was
ace of any such evidence ; that even if it were in exist-
ace it would not alter the facts of the case. If he were
) grant the application, and postpone the trial, the same
ircumstances might also arise at the next assizes ; and if
athey might go on postponing it ad infinitum. He did
of see any reason why he should put off the trial, al-

not aware of the exist-

1. inclination when opposf

ant Wi

3ut if postponing it a d

two would be of any advantage to the prisoner, he
)uld at once have the trial postponed, provided it should

Sergeant WILKINS next applied to the court to

no-rder requiring the prosecutor

nine four witnesses who had been examined before th

o before the coroner, and who were
erwards bound over to prosecute. He wished this be-
use thev were material witnesses for the prisoner.

-ALDERSON could not grant the apPlication, as he

AI no power to make any such order; bu
ight by called for the defence if he (Mr

;uch wi

HULTON engaged that those witnesses should be
apt in court, and they might be used for the defence if
Le counsel for the defence liked.

STABBING

James Martley was then indicted for having assaulted
❑d stabbed Joseph Burns, at Salford, on the 12th of De-
mber last. Pleaded Not guilty.
_ _

This offence arose out of a quarrel between two boys,
he prisoner a lad of about 13 years of age, and the pro-
cutor, a lad about 12 years old,) about a cap which had
een taken off the head of the prisoner, whilst standing
loking at a show on Victoria Bridge, Salford, on the
ight in question. It appeared that when the boy lost
is cap he accused the prosecutor with taking it, when a
uflle ensued, which ended in the prosecutor's receiving

Evidence was given for the defence to show that the
stab was inflicted accidentally. The prisoner received a
most excellent character from his master, Mr. Irlam,
engraver, Manchester.—Not guilty.

MANSLA.TJGFITEA,

John Stanley Thorpe, indicted for killing and sac,
John Dominico Gristallio, an Italian, on board the ship
Commerce, on the 7th of February last.
The prisoner pleaded not guilty; after which,
I - t',-tion

Air. BRANDT states axe case for ite prosecut.
facts of which will be found in the evidence subjoined :
Moss Jonas, sworn and examined.—ls a boarding-
house keeper ; knew the deceased ; he boarded at his
house when in Liverpool; he shipped in the Commerce in
August last ; he was then in good health ; heard that that
vessel arrived in Liverpool from the coast of Africa; went
alongside the vessel that day to inquire for the deceased,
when he was told he was dead ; saw the body afterwards ;
the face was much bruised and swollen ; on the 9th saw
the prisoner ; asked him about the deceased, when he
said he did not care how soon he was taken out of the ship,
and he said that if lie had been further out at sea he would
have thrown the body overboard. I remarked, "Captain,
you must remember you are in a Christian country." To
which he replied, "A Christian country be d—d ! What
care I where I am to be buried ? Let the parish bury

him
Cross-examined by Mr. Sergeant WiLxixs.—Deceased
was indebted to me money when he quitted Liverpool in
August last. Got a bill for £4 lOs from Messrs. Heming-
way and Co., and got it cashed, but that was not for the
purpose of "fitting out" the deceased. I gave part of it
to him—that is, paid him £2 lls. and I retained the
balance. I told the captain that I diould like to bury him
decently, as he was a poor man ; I did not then know
what had occurred. It was in reply to that th -
tain said he would have thrown him overboard
Mr. G. Woods, surgeon, examined.—On the 11th of
February I made an examination of the body of the de-
seased. I opened the body and the head ; on the left side
of the head found a bruise or mark ; and I found the in-
ternal part to be much bruised also. On removing the
skull-cap I found a clot of blood resting on the brain ;
this corresponded with the external mark. This tended,
no doubt, to accelerate death ' • but with sound constitu-
tions, I have known persons to recover from such wounds.
On examining the heart and lungs I found both to be dis-
eased, and also the spleen. I consider that the pre-dis-
posing cause of death was natural disease ' • but the ac-
celerating cause were the wounds on the head I have de-
scribed. The injury on the head was such as possibly
might have been inflicted by a blow with the fist. The
disease of the heart was of long-standing. The deceased
was in such a state, that he might have died suddenly.
I have knovin patients die suddenly from such a disease
of the heart as he had.
Cross-examined by Mr. Sergeant WlLKlNS.—Exposure
to cold would have effected the disease of the lungs ; but
it could scarcely have affected the heart. A fall from a
ladder down the hatch of a vessel would account for all
the contusion which I saw; or if he had been knocked
down and kicked by another person on the day in ques-
tion, it would also account for what I saw. Frequent
beating would tend to accelerate the death of a person so
diseased as the deceased was.
JOHN FORTUNE examined.—l was a seaman on board
the Commerce; came from the coast of Africa with her;
knew the deceased on board that ship ; he was pretty
well in health when he left the coast of Africa ; he some-
times complained of ague ; we were six months on the
homeward voyage; the prisoner was captain of the vessel ;
I saw him " rope's-end " the deceased several times with
a rope an inch or an inch and a-half round ; never saw him
strike him with anything else, except his hands ; I saw
'him knocked down also ; the last time I saw him beaten
was three days before we arrived ; the deceased was then
tin his berth in the forecastle ; I was present when it oc-
curred ; the captain wanted him to go on deck, when he
said he was not able ; the captain then hauled him out
and beat him with a block strap ; that was about one
inch and a-half or two inches thick • he gave him two or
three ," licks " with it over the shoulders and back ; I
went on deck before the captain, for I was afraid of being
struck myself.; the deceased came up on deck also, but he
did not stop long ; he was crawling on his hands and
knees when he came up.
Cross-examined by Mr. Sergeant WILKINS:—He did
not skulk when he was in good health ; the captain and
mate had often to take the wheel from him when lie was
badly ; they never had to pull him out of his berth when
he was in good health ; he always turned out when
heard him called ; the chief mate struck him the day he
died ; he was going to the galley to get his dinner, but
they would not give him any ; I did not get any dinner
that day either; I did not see him fall or throw himself
down the ladder that day.
Thomas Smith examined.—l was a sailor on board the
Commerce out and home ; 1 saw the captain strike and
abuse the deceased frequently •, lie struck him chiefly on
the head and shoulders; the last time I saw him strike
him was two or three days before we came in ; he struck
him on the crown of the head and over the shoulders with
a rope ; the rope might be an inch, an inch and a half, or
two inches round. • •
To Mr. Sergeant WILKINS.—He shipped as' an able
seaman, but he was not an able seaman ; he was not lazy,
but he was not fond of .work ; he was not a dirty fellow,
and still he was not a smart seaman.
To the COURT :—The rope was as thick as this
lucing one which was about an inch and a quarter in

the cap

Min Cole examined

-Corroborated the testimony

preceding witnesses. In his cross-examination,
itness stated that he fell down the ladder of the fore-
on the day of his death ; he groaned, and coul-
d of being hurt by the fall ; he went up on deck,
.er, immediately after ; I don't know what time he

,rit back to his berth ; he 'died next morning.
To the COURT :—This fall took place about two o'clock

To Mr. BRA.NDT :—lle fell down the ladder on his feet
To the COURT.—His head might have struck the km
the ladder, but I did not see any wound on the head
ien weraised him up, he said " Oh my God !"

,GENT WiLKINS submitted that there was

enco sufficient to sustain the indictment.
DT concurred in the opinion of the learnet
A. verdict 'of acquittal was instantly re

Sentence was then passed on Joseph and James Jones
ho had been convicted of wounding Charles Rothwell,
ith intent to do him grievous bodily harm. Previous tc
alming sentence on the prisoners, the Learned Judge ob
rved that he had made - which had be

iome inquirif

,ingested by the prisoners, and that they resulted mos

bly for them

If he had sentenced them imme

diately after their trial, he should have transported them
but from what had since transpired he would not do so
and farther, lie would assure them that he would make
representation of the circumstances to the crown, at th
earliest opportunity, with the view of having the sentenc,
which it was his duty to pass upon them, vemijted alto
gether, lie would therefore sentence Om to i/c. knoutlo