The Sun. — 1844-08-23 (London, England)

ALLEGED MURDER OF CAPTAIN  HALSEY. The prisoner, Jan Kent, who has been in custody at L'verpoel since the 14th inst., for the alleged murder of Lis captain, was discharged on Wednesday, a verdict of justifiable homicide being returned by the coroner's jury ; but as the American Consul had made a claim to have the prisoner sent for trial to America, the inNrmations taken before Mr. Rushton, were furwarded to Sir James Graham, with a view of ascertaining from the law officers of the Crown whether the prisoner ought to be liberated, or whether, if sent for trial, he should be tried in this country or in America. An answer to the fitter question was deemed of essential importance, as the American Consul here had formally demanded that he should be sent for trial to the United Statee, upon the ground that the vessel was sailing under the American flag and upon the high seas at the time of the occurrence. Yesterday morning a reply was received from Sir James Graham, inclosing the opinion of the law officers ; and shortly after it had reached the hands of Mr. Rushton, that gen tleman had an interview with the Le rd Chief Baron on the bench of the Crown Court, to whom he announced the result. Neither the communication itself, nor the opinion of the law officers, has been made public ; but the purport of both may be gathered pretty correctly from what transpired after their receipt: In the first place the grand jury would have been discharged on Tuesday, but that the Lord Chief Baron intimated to .C.eni that the opinion of the law officers was expectod yesterday morning, and that they might then be required to take the bills against Kent into consideration. Bills for manslaughter had in the meantime been prepared, in order that, if the opinion should bo to the effect that the prisoner might be tried in this country, there should be no delay in putting him on his trial. At eleven o'clock yesterday, however, after the receipt of Sir James Graham's letter, the bills were abandoned, and the grand jury discharged ; and at half-past twelve o'clock the prisoner Kent was brought up at the police court. Mr. Rushton thereupon asked whether the American Consul (who was not in attendance) had been informed that prisoner would be brought up that day ? Mr. Ellis, the senior clerk, replied in the affirmative; he had told the consul that ho should be brought up at halfpast twelve o'clock. Mr. Rushton then addressed the prisoner in the following terms :—" When the depositions in your case were taken before me, I told you that I should submit the evidence to high official authorities. I have done so, and it is now my duty to discharge you. From the fact of the body of the deceased, Captain Halsey, having been brought within the jurisdiction of the coroner of the borough, it became necessary to institute a solemn inquiry into the cause of his death, and since the evidence was taken by me that inquiry has terminated. The jury were men of great resp-ctability, and it must be consolatory to you to know that their verdict was one of justifiable homicide.'" The prisoner was then discharged, and left the court, accompanied by a crowd of spectators. It is said that Captain Varnum has been appointed to the command of the Thomas Bennett, in piece of the deceased captain—that a new crew will be shipped on board the vessel, and that she will, shortly proceed again on her voyage to Charleston.