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alleged MANSLAUGHTER AT StHILARY.acquittal of the accused.At the Bodmin assizes, on Thursday, before Mr Justice Gkantham, William John Rod da, miner,was indicted tor the manslaughtei of RobertThomas ai st Hilary on the 19th of July.Mr Me Weil prosecuted ; and the prisoner, who pleaded not guilty, was represented by Mr WalterSt Aubyn ( instructed by Mr Wellington Dale.)The evidence of the prosecution showed that on the evening of the day in question prisoner, deceased, and some other men weie drinking at the Falmouth Packet public-house. Prisoner proceeded home and a quarrel ensued. Whilst the altercation was taking place deceased came up and the disturbance was quelled Pri-oner then drove on by himself, but was overtaken by Thomas who puiied him several times by the coat aud asked him why he hid served his antagonist so badly. Thomas continued in this aggressive spirit until a quarrel took place between them.A fierce fight ensued. Finally the prisonerwent off with a friend, leaving Thomas moaning onthe ground and a friend of his with him. Thomasseemed ir great pain, and his friend helped himhome. There he became very ill, and could not getupstairs to bed. Next day he went to bed, and hiswife seut for Mr Mudge, surgeon, who found that hewas suffering from severe peritonitis. It became soserious ic a few days that Mr Mudge seut the manto the West Cornwall infirmary, Penzance, whereDr Montgomery attended him, and thought hiscase serious. After having been there a few dayshe suddenly died.00Both medical men gave evidence in court, and stated positively tnat death was due to peritonitis, and that the peritonitis resulted from injuries received on July 19th. Bruises were found on thestomach and abdomen.Duriug Thomas’s illness, prisoner visited him and expressed his sorrow at his condition, saying ‘ I would not have done it for £20, ’ and promised to assist Thomas’s family until he could work agaiu.The witnesses stated that in the encounter they didnot see the prisoner kick the deceased—it was merelya rough-and-tumbie scuffle.His Lordship said there was no evideuce as tohow the injuries were inflicted, aud it had been shown that Thomas was the aggressor. Under the circumstances he thought it was useless proceedingwith the case.M r McWeil, although he was of opinion he had acase against the prisoner on other grounds, conseutedto be guided by his lordship’s ruling, at whosedirection the jury then returned a verdict of notguilty.In discharging the prisoner, his Lordship said had he and possibly the deceased not been drinking more than was good for them, the quarrel would not have happened, and his friend—he believed he was his friend—would have been alive now. Let it be a warning to him never to take more than he could manage. He did not want men to becometeetotalers if it was not necessary for them, but where men could not resist temptation he thought the best thing they could do was t© become teetotalers. There was no reason why a man should not enjoy a glass of beer honestly, but let that be a wrn-or anything else.This concluded the business of the Assizes.
Newspaper Details
Cornwall Cornishman
Cornwall, South West England, GB
Thu, Dec 04, 1890
Page 7
Full Page
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Anonymous
FL, USA 06 Oct 2019
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