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

MANSLAUGHTER.

John Stanley Thorpe, indicted for killing and slaying
John Dominico Gristallio, an Italian, on board the ship
Commerce, on the 7th of February last.

The prisOner pleadeii not goiltif after which,

Mr. ha/truer stated the case for the prosecution, the
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 he 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 WitAms.—Deceaseel
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 Ils., and I retained the'
balance. I told the captain that I should like to bury him
decently, as he was a poor man ; I did not then know
what had occurred. ft was in reply to that that the cap-,
thin 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 known patients die suddenly from such a disease
of the heart as he had.
Cross-examined by Mr. Sergeant WiticiNs
to cold would have effected the disease of the lung
it could scarcely have affected the heart. A fall from a
ladder down the hatth 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 FOATUNI: 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
in 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 • be gave him two or
three " licks " with ,it over the shoulders and brick ; 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.

Exposure
but

Cross-examined by Mr. Sergeant WlLialvs.—He did
not skulk when he was in good health; the'cautain and
mate had.often to take the wheel from him when he was
badly ; they neverlacl to pull him out of his berth when
he was in good :health ; he always turned out when I
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.; rdid not see hint fall or throw himself
down the ladder that day.
Thomas Smith examined.-1 was
Commerce out and home ; 1 saw the capta.m
abuse the deceased frequently ; he struck hum chiefly an
the head and shoulders; the last time I saw him strike
him. was two or three days before we came in; he
biro on the crown of the head and over the
a rope ; the:rope might be an inch, an i-
two inches round.

a. sailor.on beard the

Aou. laers with

h and a half, or

lie was not larf,

seaman, but he was not an able seama
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 a

thick as this stick
and a quarter in

hich was about aninch

jaMin Cole examined-

Corroborated the testimony

this witness stated that he fell down the ladder of the fore-
castle on, the day of his death ;- he groaned, and, com-
plained of being hurt by the fall ; he went up en deck
however, immediately after ; L don't know what
went back to his berth ; he dial next me
To the COURT :—This fall,took place a
in the day

bout Iwo o'clock

To Mr: BRANDT :—He down the ladder on his feet.
To the COURT.—His head might have struck the iren
of the ladder, but I did not see any wound; on the head ;
en we raised him up,. he said " Oh my God !"
Ur. SERGEANT WILKINS submitted that there was

evidence sufficient to sustain the indict

BRANDT con,

1 of th

hergeUu
turned.

A verdAct of acquittal was instautly

Sentence was then passed on Joseph. and Jaw
o had been convicted of wounding Charles ^R

_ _, the Learned Judge ob-
)me inquiries which had been
. and that they resulted most

passing sentence on the prison
served that ha had made
suggested by the prisoner

sentenced them _ imm

lv after their trial, he should have transported them;:
.t had since transpired he would not do so ;

from V

aim rarLimv, nu IT 1...41,4 ...Ault .11%;111 1,111.0. • s.av •• •••• ---
refoesentation of the circumstances to .the crown,.. at the
earliest opportunity, with the view of having

ante=

which it was his duty to, pass upon, tlicna,
pettier. Ic wotild therefore sentence them to six mot

imprisonment; but they might expect that that punish-
ment would be dispensed with.

BREAKING INTO A WARETIOUSE.
William Brown, William Wolstenhulme, and James
Taylor were then indicted for having broken into the
warehouse of Mr. Thomas Taylor, at Lees, near Ashton-
under-Lyne, on the night of the 11th of February, with
intent to rob it.

It appeared from the evidence in this case, that Mr.
Taylor had been apprised of the intentions of a party of
thieves regarding his mill and warehouse ; and conse-
quently he was prepared to meet them ; but so soon as
the alarm was given, the posse decamped, leaving only
the accomplice who " split" on the rest, as the " profes-
sional" term of giving information is called.
His Lordship having charged the jury, a verdict of
guilty was returned.—To be imprisoned and kept to hard

labour, in Lancaster Castle, for two years each ; and at
the expiration of that time, to find bail, themselves in
£5O each, and two sureties each £2o—and to be imprisoned
until such security was given.