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

THE LATE MURDER IN HORSESIONGER LANE GOAL.— James Preston, 64, labourer, was placed at the bar charged with the wilful murder of John Hodges, in the Infirmary of Ekrsemonger-lane Goal. The prisoner has the appearance of a man of weak intellect, He however appeared to watch the proceedings with great interest, and paid great attention to the evidence given by the 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 c.3inmittad this act, of which there was not the slightest doubt, he was responsible for his actions. The prisoner had been an inmate .of Horseznonger-lane gaol for two or three months for debt, and the deceased was confined there on a charge of felony. Both 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. Ile had al ways 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., got out of bed and went to the water-closet, returning with a pail in his hand, with which he struck Hodge; on the head and killed him. His ex -nee for striking deceased was that he had seduced his wife. Prisonei'e wife was in the habit of visiting him in the prison, but there was not the slightest ground for his suspicion. Indeed, such a circumstance could not have occurred within the prison Valls. The prisoner also said, 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 not the least doubt of the prisouer'a insanity.  Mr. Justice Crompton strongly cimmented on the illegibility of the depositions sent in by Mr. Carter, coroner for Surrey, in reference to this case. It was almost impossible to read them ; and Lad it not been for the opening statement of the Darned caliche!, he could not have deciphered many of the words. Mr. Robinson said it was a complaint that was often made in that court. Counsel were in a better position than the judges in this respect, for they had the depoiitions "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 kno•.v what witnesses said before magistrates, that they might not on the trial withhold anything, and it was equally important for prisoners that they shoul I know if anything new was brought forward on their trial.  Witnesses were then called, who proved the-commission of the offence charged against the prisoner. Mr. Iliff, surgeon, who had attended the prisoner in Hersemongerlane 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 imprearon that a surgical operation was to be prforined on him against his will. Witness was of opinion that the prisoner was incapable of jadging between right and wrong. •  Mr. Justice Crompton askel the jury if, after the evidence that had been given, they thought it necessary to call ova the prisoner's counsel for his defenc.. The foreman of the 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 soner 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 Neagate prison, deposed that ho had had the prisoner under his charge since his committal to Newgate, and that he cousiderel him insane. The jury then acquitted the prisoner on the ground of insanity.  The prisoner will be confined during Her Majesty's pleasure.