The Liverpool Standard and General Commercial Advertiser. — 1838-03-30 (Liverpool, Merseyside, England)

MANSLAUGHTER.  Charles Worthington, aged 17, was charged with havtng, in the month of September last, in this town, killed James ()allege°. The prisoner stood charged, under the coroner's inquisition, with murder. The grand jury, however, found a bill for manslaughter only. Mr. Armstrong conducted the case for the prosecution, and Dr. Brown defended the prisoner.' Peter Evans stated that he was formerly in the service of Messrs. Varty and Wilson of this town, coach-builders. The deceased, James Callagan, was foreman of the trimmers there. The prisoner was anapprentice, and was in the body-maker's department. On the 12th of September last the prisoner was in the workshop, and he reqUested one of the boys to go with him to turn the grindstone, as he wished to grind his chisel. The foreman interfered, and said he should not have the boy as be was wanted. The deceased had yrettiously employed the boy. Worthington had the chisel in his hand at the time. Some altercation ensued on the subject. The prisoner, seeing that the boy had his gimlet, snatched it from him, saying the boy should npt have his gimlet. The deceased took the gimlet from Worthington and struck him on the face, witness believed with the back of his,hand. The prisoner immediately struck the deceased with his chisel. Callagan was wounded. He tan out of the work-shop holding his hand to the wound. He was taken to a public-house and afterwards to the infirmary, Wilson. Tong and Patrick Davies gave evidence of tendency similar to the above.  George Lee, an apprentice at Messrs. Varty and Wilson stated that ho was the boy whom Wort.lington requested to turn the grindstone. The only points in which the testimony of this witness differed from that given by those above-named, were the following. The gimlet which he (witness) bad in his hand fell to the ground. Worthington took it up. CaHagan snatched it from him and struck him on the eye with it. The eye looked bloodshot immediately. Callagan seemed as if he was coming on, again, when the prisoner held up the chisel and made a push with it. Mr. Nottingham, a surgeon at the infirmary, stated that Cal. lagan lived 1, days after he was taken to the infirmary. He described the nature of the Wound, and said it had caused death. The witnesses agreed that the prisoner and the deceased had always been on intimate"and friendlY terms. Dr. BnowN addressed the jury for the prisoner, dwelling on the mitigatory circumstances in the evidence of Geo. Lee. The learned JUDGE, in his comments on the„evidence, said it was impossible to reduce the present charge below manslaughter, because in truth this blow was not given in self,defence. Even having received a bloW, it should not have been returned with a dang,erous instrument. The Jury returned a -verdiet—guilty of-manslaughter. Dr. Bitow:si said he hadpresent the nurse. who attended the deceased in Use infirmary, andshe .had heard tie deceased say, that he hoped Worthington was nut in custody,. as he was not, ❑nder the circumstances, to blame_ He (Dr. Brown) was sensible that he could not offer this in evidence, but he thought it right to mention it. Witnesses were called, who gave the prisoner a good character.  His LORDSHIP, after mentioning the length of time the prisoner had been in custody under the apprehension that he would be-tried for murder, sentenced him to be imprisoned for two months, and kept to hard labour.