The Sun. — 1845-12-13 (London, England)

HALL—Witness knows one Hoby, a shoemaker, who has a stall in Selby. Has seen deceased near Hoby's stall, sitting there, while he and Ifoby were talking together. Mr. John Birkett, the medical man, described the wound given to deceased. It was in the lower part of the belly. A portion of the omentum was protruding from it, and deceased died of that wound at about eight o'clock on the evening of Saturday the 2d of August. At eight in the morning of that day he had told her he had no hopes of her recovery, She said, "I'm a murdered woman, but I freely forgive him, and don't allow him to come into my presence." She did not mention any name. The wound was such as the knife would produce, about one inch long, and three inches in depth. That on the prisoner was about one inch deep, and three inches long, but of less depth towards the windpipe. At about nine; o'clock on the Ist of August the prisoner said he was sorry for what he had done. He said he had got the gin a quarter of an hour or twenty minutes before he had dune the deed, and that it was to "stimulate him to do the act." He added something about his jealousy, and said that Hemingborough and his wife wore too friendly, and that was the cause of his doing it. Witness had attended him for some years. Was not aware of his ever suffering from an aberration of mind. Attended him in June, and he bad then been very intemperate ; he was excited, and had pails in the head and fever, for which witness had bled him, and given him aperients. He was capable of judging of' his own conduct. Never knew of his having delirium tremens. Mr. HALL, this being the case for the prosecution, in addressing the jury for the prisoner, which he did in a speech of considerable length, contended that the charge of murder was not made out ; that at most it was but a case of manslaughter, from the absence of premeditation ; but that it was rather a case in which the prisoner ought to be acquitted, on the ground that he was insane at the moment' of committing the act. His LORDSHIP differed with the prisoner's Counsel in his supposing that this could be a case of manslaughter. The law would imply malice in the prisoner, from the deadly nature of the weapon here employed. As to the  question of insanity, if the jury believed that although the prisoner had been voluntarily a drunkard, yet that hls habits of intemperance had so affected his mind as to have rendered him a person of unsound understanding, it would be for them to acquit him upon that ground ; otherwise it would be their duty to convict him, if they believed the facts stated of the crime with which he was charged. _ _ _  The jury retired for nearly thirty-five minutes, and then Acquitted the prisoner upon the ground that.he was insane at the time he gave the wound. The case occupied the whole day, till past seven in the evening.  (Before Mr. Justice ERLE). William Lyon, aged twenty-five, was indicted for having, on the Ist of July last, at Bolton, in the East Riding, feloniously assaulted Mary Ann Leak, and violated her person. Mr. Matthews and Mr. Pickering were counsel for the prosecution ; and Mr. Dearsley defended the prisoner.  . Convicted—Sentenced to be transported for life. Adam Farrand, aged twenty-five, was charged with a similar offence upon Elizabeth Clegg, at Quick, on the 30th of November.  Mr. Pickering and Mr. Hardy appeared to prosecute and Mr. Bliss defended.—The prisoner was Acquitted. (Before Mr. Justice