The Liverpool Standard and General Commercial Advertiser. — 1840-04-03 (Liverpool, Merseyside, England)

CROWN COURT.-THURSDAY. STABBING AND WOUNDING.  John Smith, aged 42, stood indicted on a charge of having, at Heaton Norris, maliciously stabbed and wounded one William Derbyshire, with intent to murder him. Mr. BRANDT stated the case for the prosecution. William Derbyshire said he was a stonemason. On Saturday, the 28th of September, he went to a beer-house, in Heaton Norris, where the prisoner and his wife were. Witness asked prisoner's wife to drink, and prisoner was vexed at this. Witness said something, hut did not remember what. He was put out, and while in the passage prisoner struck him twice. He was much hurt, but made his way home. When getting into bed he found that he was wounded in the side. The blood was flowing from him. He was drunk at the time, so that he could not remember what was said by himself or the prisoner. Abel Stansfield, keeper of the beer.house, said the prosecutor asked the prisoner's wife to drink with him, which she did. The prisoner then asked her (his wife) to drink with him, and she refused, saying, she would drink with no such a black looking fellow. The prosecutor then said to prisoner, " You see she will drink with me, and nut with you ; and she'll go with. me. I can go with her when I like." Some other words passed, and witness turned the prosecutor out. He returned, and a scuffle took place, in which the wife again showed her preference to the prosecutor. Witness's wife soon afterwards came in —and said, " Smith, yon've stabbed Derbyshire." There 'had been a good deal of talk about Smith's wife and Derbyshire. Another witness saw Smith strike Derbyshire twice. Witness saw a knife in prisoners's hand, and endeavoured to take it from him. Prisoner said he'd stab either his wife or Derbyshire—whichever came up first. He said the law would justify him in it. Mary Stansfield, wife of the beerhouse-keeper, was sent for to Derbyshire, and brought word back of his being stabbed. Prisoner said, "if he had not done it, he would do it." Richard Greenfield saw Derbyshire when he came home, and he was wounded. His worsted belt was pierced through. Brammil, a constable, apprehended .the prisoner, and found upon him a knife, now produced. Witness had never heard anything against the prisoner. Mr. Rayner, surgeon, attended the prosecutor. He found a wound about the centre of the 6th rib. There was another small wound on the hip. Such a knife would make the wound. The knife had struck the rib. Had it gone between the ribs, the wound, if given with force, would have been dangerous. As it was it was not dangerous, but the patient behaved ill ; he drank hard, and ran away on the Tuesday. The prisoner said in his behalf, that he always lived in peace with his fellow man, and in the fear of God. But if a worm were trodden upon it would turn. He was maliciously treated, and in his excitement attacked the prosecutor. His wife was every thing to him in this world, and now his peace of mind was destroyed for ever on this side of the grave, and he felt regardless of what might be his destiny. His lordship said the case was a most painful one. An improper intimacy had undoubtedly taken place between the prosecutor and the prisoner's wife, and language had been used calculated to provoke a man to an act of violence. No provocation, however, could justify the use of a deadly weapon. His lordship explained the law with regard to cases of adultery, where the party injured killed the adulterer. If a man canoe in by accident, and found his wife in criminal intercourse with another man, and he, in the moment of aggravation, killed the adulterer, the law reduced the offence to manslaughter. But if a man previously know that an improper intimacy existed between his wife and another limn, and he prepared himself with a deadly instrument, and knowing they were together, went and killed the man, the act constituted murder. The jury would have to decide with what intent the prisoner stabbed the prosecutor. The Jury, after a short consultation, found the prisoner