SUPREME COURT.

Evening Star, Issue 3491, 1 May 1874, Page 2

SUPREME COURT.

CRIMINAL SITTING. Friday, May 1. His Honor Mr Justice Chapman took his seat this morning* at 11 o’clock. SENTENCE. Patrick Long (40), found guilty on Wednesday of manslaughter at preen Island, was brought up for sentence, and on being asked if ne had anything to say against sentence being passed on him, said—Yes, your Honor. I wish to be allowed to make a remark to tell on the gentlemen of the jury—that is to thank them for the kind manner and patience with which they have borne the trial; and I am quite satisfied that they could not arrive at any other decision than that of manslaughter. I am now going to make a dying declaration toHis Honor : What is that you say ? Prisoner ; I am now going to commence as though I stjod bn the platform with the rope round my neck . His Honor: Fortunately for you that is not entailed on you. Prisoner : I did not shoot at that man, or at any of the other men. I only fired in order to frighten them, and not to kill, but only to disperse them. There was no malice between me and that deceased man, and there never had been any. Hia Honor : The jury negatived the idea that there had been, and gave you credit !or not having entertained malice. , Prisoner; I only knew him for two or three weeks previous. He was a stranger, and used to come in and out of my house and then go away. H® never sat down in

nay house,, and nothing ever .came to cause illfeeling between him and me. The words I am supposed to have .used to Kane are not true, as said in the Court. What I said to him was, ‘‘ knock off that sort of work, a little-of that was best ” ; and I then hatched him and hurled him into the dioor. V Where he .went after I don’t know, as-1 never saw him again. Tl\at pistol that I fired with wks a new pistol. I had never fired out of a pistol before that one, and it was very stiff to pull, and I never discharged it without using two fingers—so (holding up both hands, with the forefinger of each hand together). My learned friend for the Crown attempted to make it that I levelled the pistol across my right arm to steady it, but that is not true. The witnesses at the in-' quest all came to the conclusion that it was held so, and now declined the right hand a little back, which will make my learned friend out of place altogether. I pulled with two fingers to fire over the crowd and unfortunately caused the death of deceased, for which, I have cause to be sorry and will all the days of my life. Kane is no friend of mine. Allow me to refer to the notorious and disgraceful fight on the Sunday after; the whole Court must know of it and that there was no notice taken of it. One policeman pat his head often out of the door while it was going on, but made ho effort to prevent it. This was to seentfe those people to nurse them until Pat Long’s trial was over and he Settled for. I have nothing more to say, but I leave myself entirely in your hands, and crave mercy and pardon for what I have done. And I humbly beg of Cod and you that you will be as partial as you can with me in your verdict. His Honor: The jury have come to the conclusion that you did not intend to kill deceased ;'that also' there was hot that ingredient, malice aforethought, in the occurrence which is necessary to constitute murder. I gave the jury all that could operate on their minds to reduce it from'murder to manslaughter—it being possibly a case of a man’s mind being rendered sensitive by the disturbed state of the neighborhood, though that is not so much disturbed as Mr Barton \Vould make out, and rightly, too, in the interest of his client. There 'were two explanations offered in defence—first that it was Accidental; and second, that you were justified in firing by the threatening mob. The jury negatived the first of these, and I quite agree with them. There reafter all allowance, simply this—and according to your own admission—that you have shown-a. recklessness of human life. I hmow of a case where a man of, a similar character to that given to yourself had a turbulent man in his house who would not go out. '1 he former then took up a billet of wood and struck the latter on the head, and caused his death. Now yours is a different case, for a piece ef wood is not necessarily a weapon that will produce death; while a firearm is one that is calculated to do so. You must know that if yon were about to fire near a crowd of people, the slightest movement of that crowd, or anyone jostling against you, might cause ! death. Therefore you have been guilty, of great carelessness and recklessness,' and such 1 cannot pass over very lightly. I wish it to be made known, to the whole world that firearms are not lightly to be used in a ‘crowd; The sentence of the Court is that you be imprisoned and kept to penal servitude for five years.

The prisoner was then removed, Mr Barton ; I wish, your Honor, to take this opportunity of publicly mentioning a matter in connection with this case. After it had terminated I was personally and severely attacked by the Press with reference to the amount of license allowable to counsel. It must be borne in mind that unless counsel do his whole duty to his client, especially in a case of life or death, the consequence may be disastrous. lam first accused of speaking hard to a juryman. Now, I know, on very good authority, that all, or the great tfi&jority of those who were called oq that jury, had made up their minds to beg off, if possible, so I determined that, the first who showed this intention should be excluded from the box, and put in such a position as .would induce the others to forego their intention. I know Mr Mitchell to be a respectable —i pay him LSO a-year for legal papers—but I wanted to show that it is an Englishman’s privilege, as well as his duty, to decide upon the life or death of a fellow creature. One of the jury told me, himself, that he had conscientious scruples against taking the life of a (human being, and’ that he would go against his oath in preference to taking life. His Honor: That, .1 think, would be a satisfactory excuse. Mr Barton; I attacked the Press, I respectfully submit, faiily for their statement that “ a brutal, and cold-blooded murder ” had [been committed at Green Island, and only qualifying it by saying that “the rumors were not wholly correct j” and if I were inclined to have the writers of Such committed for contempt of Oourt, I believe it would be done. Again, I found that I should have the greatest difficulty in getting witnesses to give evidence, the prisonerone woman in tears for fear she and her husband should be ill-treated in the event of their doing so. I admit that, as the Press did all it could to swing the pendulum of opinion one way, I did all I could to fcwing it the other. ° His Honor: The only observation I can make as regards any complaint against the Press is, that it is.not my function to.interfere—these things generally subside after being a three days’ wonder. The utmost limit is ,given to counsel in the mode of conducting a case. If it is exceeded, it may be held rather as a matter of opinion, but not to be interfered with; for great latitude is allowed, and it is not at all my province to criticise the conduct of a case as long as within the limits of the law.