The Sun. — 1861-04-05 (London, England)

MURDER BY A BRAZILIAN SEAMAN.  At the Liverpool Assizes, on Tuesday, before Mr. Justice Hill, Joachim Francisco; a Brazilian seaman, was indicted for the wilful murder of another foreign seaman named Francisco, in Liverpool, on the 17th of March. The crime was perpetrated in the immediate neighbourhood of a house in Carpenter's-row, which was occupied by a person named Florentine, and used as a boarding-house for foreign sailors. It was frequented chiefly by South American sailors, both Spanish and Brazilian. On the night in question both the deceased and pritioner was staying there, when the prisoner kissed a girl in the house named Mary M'Nalty. She resented the liberty, and the deceased having his 'attention called to the circumstance, spoke to the prisenet. A challenge to fight was given by the prisoner to the deceased, and the parties went out of the house for the purpose of fighting. When they got outside the prisoner took off his coat, and there, in the presence of three other Spanish sailors he made a rush at the deceased. The deceased at that time was not even in an attitude of defence, but the prisoner struck him with something in the throat. The man immediately fell, bleeding. He was conveyed by the police to the Southern Hospital, but was dead before he arrived there. A wound was found in his throat, and there could be no doubt at all that the wound then inflicted by the hand of the prisoner caused the death of the man.  For the defence it was urged that the offence did not amount to murder, but was manslaughter only. Not only had there been a previous quarrel, but the deceased, it appeared, had aggravated the prisoner and challenged him to go into the street and fight. His Lordship, in summing up the evidence, said the first question for thejury to consider was this— Was the death of the deceased man Francisco the: act of the prisoner, for if it was not he ought to lja acquitted altogether ? The learned counsel for 'the prisoner did not dispute that the prisoner did take the lifeoffoFr rtahnemcistcoo. consider Then extand most important question was, Whether thecrime amounted in law to murder, or whether it was merely manslaughter. That would be the most important question for them to form a judgment upon.. They would take the law from him. If two persons went out to fight deliberately and with Premedi''a, as a razor or knife, and they did" tion, each intending to use a deadly ew v suchon, uen fight pursna nt to the premeditation and deliberate intent, if on a killed the other, though they fought what was co.111:11 fairly as between man and man, yet in law it was, murder. Put if two persons on a sudden quarrel, wit 4-, out premeditation, went to fight, although they did it with deadly weapons, and ono took the life of, the other, that was manslaughter. The jury retired to consider their verdict, wad of half an , after an absence re turned intocortrt with a verdict of guilty of manslaughter, His Lordship sentenced the prisoner tr) per,al servitude for life. .  •••• . rADVEIITISEMENT.] Pills and medici•Ae Inviariably agp/ avate and perpetuate diseases thelr ann.oyauce, dis,wpointmeut, and expense nia', be avoided by persons ta indifferent health sendin-, onlg their address to E. S. Barry, Esq., 77, Rer_, yu'_street," W., London, and they will receive gratis and tree by post the "INvAtros' Owl! refreshing Sleep, to ' GUIDE," or Natural T.testorer, without medicine or ex pense, of perfect die,,, _stion, strong nerves, sound lungs, and of indicie liver corapiain 9. , stion (' sapepsia), constipation, 1 itation, nausea, epilew, , , asthra' a, consumption, paralysis, debility, nervousness, p P4diarrhcsa, cough, the most enfeebled, insuring the. removt catarrhs, colds. dysentery, P. Jiliousness, levers, sore throats, e-raptions. noises in ' the ears, rheumatism, girt, impurities, actidii .7, hysteria, ' neuralgia, irritability, sleeplessness,deno dropsy, flatulency, cramps,,, , spasms, palpitation, ' neartburn, headache, despononably, the_eilfdia t Guido siki.o g, its, bronehitis,—"llLlQuesti ton ,14' dg,