Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-09-26
THE WEEKLY STAR.
Heartrending Scene in q Court Of Justies
From the Edinburgh Herald. Aug On,

At the Liverpool Assises on Monday. J.m.s
Bracken and Andrew Bracken, his brother
were tried before Mr. Justice Willis. for the
wilfull murder Of William Bates, at Hulme.
near Manchester, on the 18th Of June last
Ii will be remembered that the prisoners at
tackled Bates as he was passing on the street,
and inflicted su.h injuries upon him as 10
cause his death the same evening The pris-
oners were the worse for liquor ut the time,
ana James did not join in all the brutality OF
ms brother. After hearing the evidence of
TIE witnesses, which confirmed the facts of
tne prisoners striking and kicking deceased
on .ne street, the jury retired, and in ten
minutes found q verdict Of manslauebte
against james, and Of wilfuIl murder against
hndrew, with a strong recommendation 20
mercy.
Ihe scene that now ensued, says the Liver.
pool Daily Post, can scarcely be des,rihed
Inc court was filled with a groau "a IL vere of
pity. while three females in the gallery. nt
the back of the court, shrieked in q drssafuI
manner, and one Of them was seized with n
faiuting ct They were all taken outside The
court and We learned, on inquiry. that they
were the aged mother of the prisoners AMI
their two sisters The prisoner James fell
back into the dock and faiuted, but In two
minutes again revived, when, kneeling at the
bar, be raised his hands to heaven, and with
pIteous look at tho judge, cried, "Oh, nv
lord, have mercy on my brother" The pris-
oner Andrew literally tore his hair, and frst
k1%eeilng nee and then standing, piteousIy cried,
oh, my lord, L beg mercy " His lordship
sob6cd audibly, and was quite overpowered
oy his feelings. Having put on the black
cap, his lordship assumed his wonted calm
ness aud dignity as Judge
His lOrdship then addressed the prisoners
thus: Andrew Bracken, prisoner at the bar,
you have been convicted Of the crime Of viii
fui murder, and you James Bracken, of the
crime OF manslaughter A peaceabIe subject
of her majesty, passing along the streets of the
city OF Manchester, is brutslly attacked by
you both. You were no doubt engaged In a
common design of attacking any person who
came along that way, and of beating him In
cruel and violent manner You, James Breck-
en-, nave been convicted OF manslsughter, and
you, too, were engaged 10 the unlawful design
which L have described, but you were no
party to the last violent and cruel attack by
which that unhappy man was sent to an un-
timely grave. You, Andrew Bracken, were
guilty OF that; you attacked him with your
feet, armed, no doubt, with clogs; you kicked
him about the head; you fractured his skull
You did an act, the natural and ordinary con-
sequences of which must have been TO kill the
man. 1t was a cruel and brutal act, and You
did 1t wholly reckless of the consequences
which it might produce. You have, there
fore, been very properly convicted Of the viii
full murder of that man.
The jury, however, have accompanied their
verdict by accommodation to mercy; L
presume that was on account of the drunken
state in which you were. That, in point Of
law, is no palliation of your crime have
1t not in my power, Andrew Bracken, to at.
tend TO that Recommendation. The proroga-
tive of mercy rests with her majesty alone,
and cannot encourage in you any hope what.
ever that the Recommendation will be acted
upon. L shall, however, forward il TO the
Secretary Of State, TO be laid before her ma
jesty, that you may be placed at her mercy.
Again, L say that / cannot hold out to you
any hope that the recommendation will be
cOncurred in; but now most earnestly rec
ommend you, with the assistance Of your cler-
gymen, to seek that mercy from the Almighty
which you had not for William Bates
With regard to you, James Bracken, you
were guilty Of manslaughter of the most ag.
gravated character, and for that offence the
sentence Of the court is, that you be trans
ported for life. Upon you, Andrew Bracken.
the sentence of the court is, that you be re-
moved hence to the place from whence you
came, and thence to a place of public execu-
ton, and that there you be hanged by the
neck until your body be dead, and that il be
then buried within the precincts Of the Jail in
which you shall have been last confined and
may God, in the plentitude Of his goodness,
have mercy on your soul.
Toe prisoner, Andrew, fell down again In
the dock, and begged for mercy but being
raised by the turnkey. was escorted from the
dock, circulating with fearful intensity of
spirit, "0h, mother, mother, that should be
hung For few minutes the court seemed
paralyZed by the shocking scene which II had
witnessed; and his lordship, having raised
bis head from his hand, slowly rose and left
the court amid solemn silence.