The Sun. — 1857-09-17 (London, England)

THE LATE MURDER IN HORSERONGER•LANR GOAL.—  James Preston, 64, labourer, was placed at the bar charged with the wilful murder of John Hodges, in the Infirmary of Horserponger-lane Goal. The prisoner has the appearance of a man of weak intellect; He however appeared to watch the proceedings with great interest, 1 and paid great attention to the evidence given by the 2 various witnesses.  Mr. Robinson prosecuted. Mr. Sleigh defended the prisoner. Mr. Robinson, in stating the case to the jury, said that  the whole question for the consideration of the jury was, whether at the time the prisoner committed this act, of  which there was not the slightest doubt, he was respon Bible for his actions. The prisoner had been an inmate of Horsemonger-lane gaol for two or three months for debt, and the deceased was confined there on a charge of felony. Beth prisoners were placed in the infirmary, the prisoner because he was suffering from great depression of spirits, which it was believed would turn to insanity, that he might be watched. He had always been perfectly harmless, and there was nothing to induce the officials to believe it would partake of a violent character. The deceased, however, on Sunday night, the 6th Sept., gut out of bed and went to the water-curet, returnir.g with a pail in his hand, with which he struck Hodges on the head and killed him. His excuse for striking deceased was that he had seduced his wife. Prisoner's wife W 33 in the habit of visiting him in the prison, but there was net the slightest ground for hie suspicion. Indeed, such a circumstance could not have occurred within the prison walls. The prisoner also said, " I can't tell why I did it—the devil must, have possessed me. He (deceased) was always very kind to me." Mr. Keene, the governor of the prison, in his evidence said that he had nos the least doubt of the prisoner's  insanity. Mr. Justice Crompton strongly elm:muted on the illegibility of the depositions sent in by Mr. Carter, coroner for Surrey, in reference to this case. It was almost impossible to real them ; and Lad it not boon for the opening statement of the learned cmasel, he could not have deciphered many of the worJs. Mr. Robinson eaid it wag a complaint that was often made in that court. Counsel were in a better position _ .  - Alan the judges in this respect, for they had the depo3i ions "translated" to them.  Mr. Justice Crompton said depositions ought to be carefully taken and well copied out. It was of the utmost importance that judges should knn.v what wit• nesses said before magistrates, that they might not on the trial withhold anything, and it was equally important for prisoners that they should know if any:hing new was brought forward on their trial. Witnesses were then called, who proved the commis sion of the offence charged against the prisoner. Mr. Iliff, surgeon, who had attended the prisoner in llorsemongerlane Gaol for 16 days during the temporary absence of the surgeon of the prison, deposed that he considered the prisoner of unsound mind, but of a harmless character. He was then labouring under an impreis'on that a surgical operation was to be ptrformed on him against his will. Witness was of opinion that the prisoner was incapable of judging between right and  wrong. Mr. Justine Crompton aske 1 the jury if, after the evidence that had been given, they thought it necessary to call on the prisoner's counsel for his defence., The foreman of tho jury said that they wished to know something of the prisoner's antecedents. Mr. Sleigh said that if it were necessary he could call witnesses to prove more clearly, if possible, that the pri Boner was insane. He met with an injury in his spine some months ago, since which time his mind has been  affected. Mr. Gibson, surgeon to Newgate prison, deposed that he had had the prisoner under his charge since hii committal to Newgate, and that he considered him insane. The jury then acquitted the prisoner on the ground of insanity. The prisoner will be confined during Her Majesty's ,pleasure.