The Sun. — 1857-10-30 (London, England)

TEE QUEEN'S PRISON MURDER.  Antonio de Salvi was placed at the bar charged with the wilful murder of Mr. Robertson in the Queen sßench Prison. The prisoner put in a plea of antre foes acquit —that he had been put in jeopardy for the same offence, and ought therefore not to be tried for the murder. Today was appointed for hearing the arguments on each aide in reference to the plea previous to the pri• aoner'a being put upon his trial for the charge of murder. Mr. Bodkin and Mr. Clarke, appeared for the prosecution : Mr. Jamee, Q C., Mr. Sergeant Parry, and Mr. M9dahon, M.P., appeared for the prisoner. Mr. Bodkin said the Court was aware that the prisoner stood indicted for wilful murder, and had in answer or bar to that charge put in a plea of autre foie aquit ; that had been demurred to by the Crown, and he (Mr. Bodkin) had to submit to their lordships' that the prisoner's plea was bad in law, and no bar the verdict. The averment in the plea should be identical with the charge, but in this case it was omitted. It appeared to be conceived by the plea that the intent to murder was a necessary ingredient in the commission of murder, but it was not so, and there were numerous instances where murder bad been committed without any intention on the part of the parties charged to commit murder.  Mr. James contended that the prisoner bad rightly and correctly pleaded to this indictment. The plea sets out the prisoner's acquittal on an indictment charging him with wounding with intent to murder, and he (Mr. James) had to anbinit to their lord. ships that that offence arose out of the same transactions as those on which the indictment for murder was founded. It was clearly laid down in alt the authorities that where there were two charges against a prisoner, though not precisely the same in point of degree, an acquittal on one was an acquittal on the other. The murder with which the prisoner was now charged, it was admitted by the prosecution, arose from the same blows and transaction as the charge of wounding with intent to murder, of which he was acquitted ; and, therefore, the charge of murder against the prisoner, as a murder resulting from the same wounding of which he had been acquitted, could not be tried, and the prisoner put again in peril. Mr. M'Mabon followed on the same side, quoting a number of authorities in support of the prisoner's plea. At the conclusion of a very elaborate and learned argument,  The Lord Chief Baron, after consulting with the other learned Judges, overruled the plea, and the ;Almoner was accordingly put upon hie trial on the charge of murder, a mixed jury of Englishmen and foreigners having been sworn. Earl Granville, in whose service the prisoner formerly was, as valet to his lordship, was accommodated with a seat on the bench, and appeare i to take great interest in the proceedings. Evidence was then called in support of the charge, the facts in connection with which are so well known from their frequent publication as not to require repet:titan nn thiq _  Mr. E. James made a powerful appeal to the jury, quite equal to anything of the kind ever beard within the walls of the Old Court. Io the course of his address he alluded to the prisoners former trial, conviction and sentence, and his acquittal on the count in the indictment on the former trialof wounding with intent to murder. The death of Robertson arose frona. a bl:),r inflicted by the prisoner. No one could doubt but the act was devoid ~f any design or premeditation on the part of the prisoner. It was the result of a sudden transport of passion, unjustifigble, no doubt, but under the circumstances he trusted the jury would consider the sentence passed on the former occasion a sufficient expiation for the offence, or at all events if they thought otherwise that they would not consign him to the scaffold, but find him guilty of the minor offence of manslaughter, Several gentlemen were called and gave the prisoner an excellent character for mild and gentle manners ; amongst them, Dr. Manuinz, formerly Archdeacon of Winchester. Earl Granville, who attended the court to speak to the prisoner's character, was obliged to leave early, to attend a meeting of the Cabinet Council.  The learned Chief Baron having summed IV, Earl Granvil:e, who ha'l returned in the meantime, was then called and gave the prisoner a good character, observing that he occasionally shovel* when in hie service, quickness of t-mper. The jury returned a verdict of manslaughter. Sentence deferred.