The Dorset County Express and Agricultural Gazette. — 1859-12-13 (Dorchester, Dorset, England)

CHANNELL.) John Connell was arraigned upon the comm.'s inqui' sition (the grand jury having thrown out the hill), charged with the wilful murder of Michael O'Bryan on the Vitli of November. Mr. l'oulden and Mr. Beetham were counsel for the prosecution, and Mr. W. M. Cooke (at the request of the Judge defended the prisoner. . . .  It •pp,arerl that the prisoners and the deceased were privates in the Waterford Artillery M'litia, stationed at Ilaslar Barracks. near Gosport. On the evening of the 2:ith of November, the prisoner, the deceased, and several soldiers were in the canteen. At half-past eight it was the duty if all officer to clear out the canteen. The prisoner and the deceased and Mllarthy and Farrell came out of the canteen at the same time, the prisoner awl the deceased walking first, together, and the other two following at some little distance. After going • few yards the prisoner and the deceased were observed to be .inarrelling, and the deceased fell ; lie gut up again, and MU NMI to fall a second time. In a very short time after this the prisoner rushed into one of the barrack rooms, caught up the poker from the fire, and rushed out of tile room again, apparently in a great state 4,f excitement, and using very had language. Cries of " Murder" were then heard. The ',entry went towards the spot, but there he saw M'Carthy and Farrell fighting, and lie returned to his beat. Sergeant Canty C 51116 across the yard, and saw Farrell on the ground and M'Carthy standing over him, and the sergeant saw another man passing near ; but who that man was he could not tell. In a very short time the prisoner rushed into another of the barrack rooms, brandbliing the poker, throwing it down violently, and using very bad language. The corporal on duty took the prisoner into custody, and locked him up in the guard•house. Immediately after this a soldier crowing the barrack-yard found the deceased lying on the ground. lie was nearly insensible. He was carried to his bed, and it was discovered that lie had received • very severe blow on the head. He lingered for some days, and then died. These were the facts of the case. It WAX stet.' that in most cases of this kind when A bill was ignored it was not usual to proceed upon the coroner's inquisition, but in the present instance it was thooght right that a full investigation of all the circum•tances should take place.  The evidence !domed that there had been a lamentable state of drunkenneas that night among the soldieta in the barracks.  The aurgeon stated that it wax possible, although highly improbable, that the injury on the head might have been OCCASIOIIed by a fall on • sharp stone. The deceased appeared stupid from drink. The injury to the head had caused the death.  Mr. rooke, on behalf of the prisoner, addressed the jury. Ile urged that there had been a miserable state of drunkenness among the soldiers that night. There was not the slightest motive suggested for the cominissi of such an offence by the primmer. The men were falling about in a beastly drunken state, and a fall on • sharp stone might have pbaluced the injury found on the head of the deceased. Ile contended that the rushing into the room and taking the poker Mll,l the mere freak of • drunken loan. The jury would not speculate that he took that poker for the purpose of colinnittitig • murder. Would not a blow from the poker have caused instant death! Another tribunal hail already investigate' the facts, and had refused to find • bill. Assuming, how' ever, that the prisoner hail given the blow, the offence amountc4l only hi inanstr.ngliter, and not to murder. The learned Judge, in h 'miming up, observed that although the grand jury hail 01,...,7,4 it right to throw out the bill, still he thought it inure satisfactory that the investigation himuhl take place in the court. The jury AcquittiNl the prisoner. George Alfred. • sailor, was indicted for cutting and maiming Mark Watts, with intent to do grievous bodily harm, at Portsea, on the 24th if November.  The jury found the prisoner Guilty of unlawfully wounding, and lie was sentenced to nine months' imprisonment, with hard labour.