The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle. — 1883-11-24 (Stourbridge, West Midlands, England)

SINGULAR ENDING OF A TRIAL FOR MURDER.  At the Liverpool AsSizes, on Monday, before Mr. Justice Denman, JAhn thblyme, 24 years old, a farm labourer, was ineieted for the murder of .Tog boa Wein, a farmer, 73 years old, at Lowtun, near BAton, on the 18th September. Mr. ShAe. and Mr. Lowther prosecuted; Mr. Athlison, Q.C,, and Mr. Wharton were for the defence.  The prisoner was the nephew of the deceased, and at the time Of the inurder the latter had recently altered his will 'so as t • constitute the prisoner the sole beneficiary, as well as executor. On the morning of the 18th Sept. the deceased was found on the floor of hie bedroom dead, with his throat cut. and a razor at band in such a position as to indicate suicide. Subs's. quent examination, however, showed that he had re. ceived severe injuries about the head and body. On the head were marks of kicks, showing the indentation of nails, and on the body a number of punctured wounds. In the opinion of the medical man, it was to these injuries that death was due, and the cutting of the throat was done after death. The evidence to connect the prisoner with the murder was purely circumstantial. Witnesses were called to show that, although the prisoner (who was the only other occu• pant of the house at the time) stated that he had not got up until five o'clock in the morning, a light was seen burning three quarters of an hour previously; that his trousers were found in the deceased's room, smeared with blood as well as wet; that a grey shirt was found in the house stained with blood, which was alleged to belong to the prisoner; that a grey hair, corresponding with some hairs found on the razor, was disoovered on the prisoner's booty, which were of a nature to cause the injuries to the deceased's head. It was also etatcd that the will of the deceased was found to have been removed to the prisoner's father-in.law. There were no indication of the house having been broken into, and as the door of the deceased's bedroom was always kept open the prisoner must have seen the body as he passed down stairs. There were marks of a struggle in the room but no indications of an entrance having been forced to the house.  Tie Judge was commencing to sum up, when one of the jurymen was seized with en epileptic fit, and the case was adjourned. On Tuesday morning the medical gentleman, in reply to the judge, said the juror was unable to pro. ceed with the trial, and the jury were discharged. At the request of the judge the conned engaged in the case retired from the Court for consultation. On returning into Court a fresh jury was sworn. The judge stated to them that the result of the eonsult.tion was that Mr. Shee, the leader for the prosecution, had decided not to proceed further with the case,  Mr. Shee said, after careful consideration of the case, he had come to the conclusion that it would not be advi4able to offer any further evidence in the mi.., especially as it was of a purely circumstantial character.  The Judge said he was very strongly of opinion that under the circumEtances of the case the learned counsel for the prosecution was only doing that which, as representative of the Crown, he was warranted in doing, and which was only due to the just and merciful administration of the ciiminal law. It was a case in which, having heard all that was to be said for thd prosecution and for the prisoner, had a conviction followed, it would have been one over which he would not have slept comfortably, because he reasonably felt that, upon the evidence, there was a serious and a grave doubt as to whether the case had really been brought home to the prisoner. The Jury, accordingly, retuned a verdict of Not Guilty, and the prisoner was discharged.