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

MANSLAUGHTER.  Charles nrthington, aged 17, was charged with having, in the month of September last, in this town, killed James Callag an.  The prisoner stood charged, under the coroner's inquisition, with murder. The grand jury, however, found a bill fur manslaughter only.  Mr Armstrong conducted the case for the prosecution, and Dr. B•nwn defended the prisoner. Peter Evans stated that he was formerly in the service of Mesons. Varty and Wilson of this town. coach-Luilders. The deceased, James Callag in, was foreman of the trimmers there. The prix ,ner was an apprentice, and was in the body-Maker's lieparment.- On the 12th of September last the prisoner was in the workshop, and he requested one of the boys to go ►►ith him to tur❑ the grindstone. as lie wished to grout his chisel The hi man interfered, and said he should not have tie boy as he was wanted. The deceased hail previ'ously em,iloyed the boy. Worthington had the chisel in his hand at the time. Slime altercation ensued on the subject. Toe prisoner, seeing that the boy had his gimlet, snatched it from him, saying the boy should not have his gimlet. The dece used took the gimlet kin' Won hington 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. Ile ran out of the work-shop holding his hand to the wound. He was taken to a public-house and afterwards to tae infirmary Wilson T,,IP,t and Patrick Davies gave evidence of tendency•.. similar to the aluive.  George Lee, an apprentice at Messrs. Varty and Wilson stated that he was the boy whom \Volt dugton requested to turn the grindstone. The only points in which-the test Minotof this witness differed front that given by those above-natne.i, were the foilowing. The gimlet which h, (witness) had in his hand fell to the ground. Worthington tmk it up. Callagan snatched it front him and struck him on the eve with it. Toe eye looked bloodshot immediately.. Callagan seemed as if he was coining on again, when the prisoner held up the chisel and made a push with it. Mr. Nottingham, a surgeon at the infirmary, stated that Callagan lived 17 days tiller he was taken to the infirmary. He described the nature of the wound, and said it had caused death. The witnesses agreed that the pi is.onei and the deceased had always been on intimate and friendly tertrs. Dr. Bitowm addressed the jury for the prisoner, dwelling on the mi igatory circumstances in the evidence of Geo. Lee The learned JUDGE, in his continents on the evidence, said it was impossible to reduce the present charge below man. slaughter, because in truth this blow was not given in self defence. Even having received.a blow, it should out have been returned with a dangerous instrument. Time Jury returned a verdict—guilty of manslaughter. Dr. BROWN said he had present the nurse who attended the deceas d in the hail mary, and she ha 1 heard tae deceased sty, that be hoped Worthington was not in custody, as he was not, under the circumstances. to blame. Ile (Dr. Brown) was settslide that he could not offer this in evidence, but he thought it right to mention it.  Witnesse3 were called, who gave th 3 rrisoner a good character.  Hld LORDSHIP, after mentiouing the lergth of time the prisoner had 'men in custody under the aprei:easion that he would be tried for murder, sentenced him to be imprisoned for two months, and kept to hard labour.