The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-08-24 00:00:00

MANSLAUGHTER

Frederick Smith, a man of respectable appearance, was
indicted for the manslaughter of Catherine Brennan, at Li-
verpool, in March last.
Messrs. Henderson and Venables appeared to prosecute,
Messrs. Murphy and James for the defence.
Previously to the trial being proceeded with a lengthened
argument took place between the learned counsel on either
side, as to whether the indictment could be preferred, the
prisoner having been tried at the borough sessions for an as-
sault upon deceased, by which her death was said to have
been caused, and acquitted. His lordship, after consulting
his brother judge, ordered the trial to be proceeded with.
The circumstances of the case are of an exceedingly ordi-
nary nature, and were given at length at the time of the trial
at the sessions. The short particulars of the case are these.
The prisoner's place of business is in Union-street, and on
the 15th March the deceased was standing at the door of the
house of a person named Beale, who lives opposite. In con-
sequence of some difference existing between Mrs. Beale and
prisoner, a colloquy took place between the prisoner and the
deceased ; and the latter becoming much enraged, went over
to the shop of the prisoner, who, to eject her, seized her by
the wrists, and in consequence of giving her a push, she fell
upon the steps, whereby her leg was broken. It appeared
from the evidence of the medical gentleman who was called
in to attend the deceased, that deceased's death had been oc-
casioned by want of due care, and sufficient nourishment not
having been given to her. It was his opinion that had his
directions been attended to, that the deceased should be sent
to an hospital, she would have recovered from the fracture of
the leg. In consequence of this his lordship ordered the case
to be stopped, and a verdict of not guilty was taken, and the
prisoner discharged from the bar.
DEATH FROM FURIOUS DRIVING.
John Gambles, an omnibus driver, was indicted for having
caused the death of an old man named James Limna, by driv-
ing over him.
Mr. Paget conducted the prosecution, and Mr. Murphy

the defence.
On the 26th of July the prisoner, who was the driver of an
omnibus, had occasion to pass up Sir Thomas's-buildings
with his vehicle. At the bottom of Sir Thomas's-buildings
the deceased was engaged in a quarrel with several other per-
sons, and the scraper of the omnibus caught deceased, and
threw him under the wheels, and so severely injured him as
to cause death in less than a quarter of an hour from the ac-
cident.
Mr. MURPHY, in his address to the jury, observed, that
there had been a great want of caution on the part of the de-
ceased, and that the prisoner was not to blame in the trans-
action.
The jury, after a few minutes deliberation, returned a ver-
dict of guilty, with a recommendation to mercy.
Mr. Gelling, hair-dresser ; Mr. Amos, the governor of the
gaol ; and a police-officer, gave the prisoner the character of
being an exceedingly careful driver.
His LORDSHIP said, in consequence of the recommenda-
tion of the jury, and good character given the prisoner, he
should pass a very light sentence.
He sentenced the prisoner to six weeks' imprisonment, the
last three days to be solitary.
MALICIOUSLY CUITING.
Edward Kelly, 27, was indicted for having, at Blatchin-
worth and Calderworth, feloniously stabbed, cut, and
wounded John Baron, on the 10.11 August.
Mr. Brandt prosecuted ; the prisoner conducted his own
defence.

The prisoner is an itinerant fiddler, and on the night of the
9th of August, took a bed in a double-bedded room, at a
public-house, kept by a person named Wild. The prosecu-
tor had engaged to take part of the bed with prisoner, and
during the night he was awoke by feeling the prisoner endea-
vouring to take his trousers (in the pockets of which were
three sovereigns and some silver) from beneath his pillow.
He (prosecutor) seized him and called for assistance. Pri-
soner took up a pint pot and struck prosecutor several times
about the head, and, during the time they were scuffling to-
gether, he received a stab from a knife above the knee.
The jury found the prisoner guilty, and he was, in conse-
uence, as his lordship said, of the abominable defence
which was an indecent one) set up, sentenced to be trans-
ported for life.

MANSLAUGHTER

William Swift, 41, was indicted for having, at Manchester,
killed and slain one John M`Donald.

Mr. Monk prosecuted ; Mr. Wilkins appeared for the pri-
soner.

Deceased and prisoner, along with several other persons,
were drinking together in a liquor vault, when, in conse-
quence of prisoner's refusing to treat deceased with liquor, a
quarrel ensued, and deceased made use of some observations
relative to prisoner's deceased wife, calculated to raise his
anger ; in consequence of which prisoner struck him a blow
that caused him to fall against the shop counter, and receive
a wound in the head that resulted in death.

The prisoner received the character of being an extremely
humane man ; in consequence of which, and the great pro-
vocation given by deceased to the prisoner, his lordship said
he was induced to pass an exceedingly light sentence. The
prisoner was ordered to be imprisoned for ten days.