The Liverpool Standard and General Commercial Advertiser. — 1843-04-11 (Liverpool, Merseyside, England)

MANSLAUGHTER. Moses Doyle, a boy, was indicted for having at Liverpool, on the 18th of February, wounded one John Wilkinson with a gimblet in the eye, by which the brain was so injured, that he lingered until the 23d of the same month, when he died. Y , nail The case was fully detailed in our publication at the time, as bth the collar, the facts came out at the coroner's inquest. The following are the principal facts :—The deceased, a blacksmith, went into a smithy in Marlborough-street, next door to l'is own, and asked the prisoner, whom be sometimes employed, for the key of his own smithy. Prisoner said he had not g and of it. then e tookfae eh.ol dnoi e is of tphrebnoeyr en lifted a hammer and threw it at the deceased, and struck him on the struck cdkec himea deceased o arm. Deceased again got hold of him, and threw him down across the smithy fire on the floor, and again struck him with violence. The buy got up. and a man seeing the affray ran between them, more to save the boy than the man. As soon as he had done so, the prisoner struck deceased over witness's shoulder with something which inflicted the wound in the eye and brain, of which -deceased afterwards died. The witness afterwards found a gimblet, which was partly stained with blood. The prisoner said, in his defence, that when he lay on his back on the fire, the deceased struck him on the face, and gave him a black eye, so that he could not see by it ; and that it was then that he got hold of the gimblet, not knowing what it was.  The learned JUDGE explained the law as it relates to culpable manslaughter and justifiable homicide. The jury found the prisoner guilty of manslaughter. The Junr; v; said the jury could not do otherwise from the evidence. Great and unjustifiable violence had, however, been used towards the prisoner by the deceased; and he trusted the unfortunate position in which the prisoner stood—lie having, by resorting to too violent means, deprived a fellow-creature of life,would prevent him from so dangerous a resort in future—which waa only to be justified in one who was in danger of his life. Under all the circumbtanceu Of the case, the ben'  (4404 ili.4.:;i'i.',4, :Ai44.1.4.4.1i10:14iiii ill giaiti4.  tiot/te UpeNttiiiii rdr Ont. Ridith lierinott itds lndletet ht tAtrpool, stablocu, rut, and wounded in the nevi: one Cleorge idly}, porter, with intent to murder him, to maim or disable to do him grievous bodily harm, &c. &c. This case, too, has recently been before the public. The cut, inflicted with an open clasp-knife, was proved, hut was not of a dangerous character. The prisoner said he had previously been robbed in the house, and had been knocked down and abused by the prosecutor. When apprehended in the street by the police, he was found to he bleeding. The prosecutor admitted, though reluctantly, that he had struck the prisoner. The probability was that the prisoner was severely struck. The JUDGE laid down the law as related to the several counts of the indictment, throwing out of the question the first and most penal one, and rather inclining to that for the assault. The jury returned a verdict of not guilty. The prisoner was accordingly discharged.