On Monday 8th December 1879, before W. C. Borlase, Esq., in the chair, and T. Bedford Bolitho, Esq.,
John Harvey, landlord of the "Fountain" inn, Causewayhead, who was remanded from the last West Penwith Petty Sessions, was charged "with, on Friday, 26th September 1879, in the township of Marazion, feloniously killing and slaying Robert Johns, late of the parish of Ludgvan."
By half-past ten the Court was well filled and, before eleven, it was crammed in every part. At eleven all standing-space was occupied. After Harvey had been thus formally charged, Mr. Dale said: — I appear for the defendant. Mr. Dale asked for the prisoner to be allowed to sit beside him, which was permitted. The first witness called was James Trevaskis, who deposed: —I am a miner and live in Goldsithney. I recollect, on the 26th Sept last, being at the " Fire-engine " inn Marazion. I came there in the afternoon, at about half-past four, to the best of my knowledge. I recollect the prisoner, John Harvey, there; but I did not see Johns there. Harvey came with me. I might have been there about hour and half or two hours, before I saw Johns. Harvey came from Goldsithney, and I came with him. Robert Johns came in with the landlord, William Oats. When they came in I was in the inner room with Harvey. Harvey went out and met Johns in the mixing-bar. They then started to chaff and to talk angrily with each other.
The Chairman Which do you mean' You must be very careful what you say, as there is a great difference between angry talk and chaff.
Witness : They were talking angrily, and in a little while they scuffle. I cannot say which struck the other first; and never saw any blow struck. After they ruffed they got into the passage, and the landlord came up and hurried them out to the door. I did not go out before the door, but I don't think the landlord laid hands upon them. I did not see anything which passed outside. —By Mr. Dale I saw Johns on the ground with his head towards the durns of the door. Harvey was nearer to Johns than he was to me; he was outside the inner door. There are two doors, and Johns was lying right out at the front door. I was there after Johns got up: he did not complain of any blow. He wanted fight Harvey. He did not accuse Harvey before of having kicked him. I cannot say the words which passed between them. I heard them talking. can't swear Johns said anything abusive. haven't seen Johns since that day, and did not know of his illness until the day before his death.
Chairman From the mixing-bar could you see who came in?
Witness: No.
Chairman : And, therefore, you would not know who came into the mixing bar'
Witness: No.
William Oats:—l keep the "Fire engine" inn at Marazion. On the '26th Sept last I was at Germoe. I was driving, and on my way back I found Robert Johns at Germoe-lane-end, sitting down on the hedge like any other man, and appeared sober. He asked if that was Oats and I said yes: he got into the trap with me. I drove him as far as my house. He went into it before me and I went to put the horse away. I was absent, I think, about four or five minutes, and went into the house through the back door. When I came in and up over the stairs I heard Harvey and Robert Johns talking very angrily in the mixing-bar. As I got on the top of the stairs they scuffled. I could not say which scuffled first, I was not there. —In answer to the Chairman: by scuffled I mean caught one another by the collar. They came out of the bar scuffling. I hitched them and got them out at the door. I don't know that I shoved them, but got them out very well. As I got them to the durns of the door Johns fell. I did not see Harvey strike Johns nor kick him. Johns was on the ground about two seconds: John Cornish helped him up. then I kept Harvey from fighting again, and Cornish kept Johns. I noticed Johns, after he got up, but he made no complaint. I saw blood about his nose and mouth, but can't swear where it came from. Johns came in and went into the inside bar (not the mixing-bar) after that He walked in, without help, for all know of. stayed there not more than about 15 minutes: he was wanting fight Harvey, and two men were preventing him. At the end of the quarter of hour he was not allowed to come out to the bar-room, but the men let him go and he came through a side door and in at the front door into the mixing-bar, where Harvey was. He wanted to fight again, but he was not allowed to. He left my house, I should say, at eight o'clock. John Cornish and Henry Laity went out through the passage with him. He had drink in my house that I know of.
By Mr. Bale: Johns fell as I was pushing him out When he did so I was between them both and I remained until Johns rose again. I should not think that Harvey could have kicked Johns without my seeing it I can say that he did not kick Johns after Johns arose. During the whole of the evening I never heard him accuse Harvey of kicking him. I have seen Johns many times since then, and he was all right as far as I know. I have not had a conversation with him, but have only spoken to him in passing.
By Mr. T. Cornish: I can't say what caused Johns to fall. I fancy he hitched his foot in the durns of the door. The durns are the pieces at the sides.
The Chairman wanted to know if they were so constructed that he might have hitched in them. Witness: Yes; they project five or six inches, but never knew anyone to fall there before.
John Cornish: I am market gardener and live at Marazion. On the '26th of September, about seven o'clock, I was going from my house towards the "Fire-engine" inn. It was dark. Just before I got the door I heard squabble in the passage, and as I reached the door I saw two men hitched in the passage. They were nearly outside. One fell. I saw the landlord, he was inside, I did not see what he was doing, not before I came. But he was inside by the two men when I came to the door, and was not then doing anything. He was there before the man. Fell. After the man so fell and remained on the ground, I saw the man who was hitching him give him a kick.
It was not very light at the time. Mr. Cornish: What enabled you to see the man kicked ?
Witness : It was light enough to see that. The kick went home and struck the body of the man on the ground.
The Chairman : Struck the body ? That means the man?
Witness :—Yes, but I can't say what part, as he was lying all of heap. I took away the man on the ground, and found it was Robert Johns. The other man was John Harvey, the prisoner. When I took Johns up I found he was bleeding from the nose. He did not seem to be much hurt We put him into the inner bar and be said that Harvey had bitten him He wanted for us to let him go and fight Harvey. I did not consider Johns sober then. I heard him call for three pennyworths of gin or brandy, but I don't know if he drank it or not. We kept him there until Harvey was gone. He got out of the room once while we were watching him, he wanted to fight Harvey, but we got hold of him again and kept him until Harvey was gone. We then put him home. Henry Laity and I went home with him, because we considered him incapable from drinking. We had to support him.
By Mr. Dale: I had been at several places during the day, but not any public-houses. When I went to the door Trevaskis and Laity were there. I don't think Beckerleg was there. When I got up there I saw these two hitched. When I came Oats was trying get them out of the door, and Johns fell while Oats was the act of pushing. You must recollect, gentlemen, I come here only to speak the truth.
Mr. Dale: We don't want a speech from you.
Witness: l would not be sworn if Harvey held on or not. As Johns fell Harvey went with him and then let him go. Johns was not on the ground more than a second or two. I can't swear the landlord was not between Johns and Harvey when the former fell, I think he fell with his head out and his feet nearest to Harvey. As he fell and lay on the ground be was between Harvey and myself. Harvey, I think, was facing me then.
Was the man lying right across the passage?
John's head was nearest me, but he was all of a heap.
Which leg did Harvey use in kicking Johns!
can't say.
Did you see Harvey kick him more than once?
No, only once.
But you will swear you saw one kick?
Yea.
Where did he kick him. l don't know: I think it was somewhere in the backside. (Laughter)
The Chairman cautioned the audience against any such interruption. If it was repeated the Bench would order the Court to be cleared.
Mr. Dale: Was it a violent kick?
Witness : It was a pretty hard one. I could not be sworn that he kicked him on the head.
But you are not blind? You said just now be kicked him at the bottom part his body. Now his head could not be there. Therefore, you could have seen where Harvey kicked Johns.
Witness, continuing: l never accused Harvey during the evening of kicking Johns on the head. I said to Harvey " You must be a mean man to kick a man like that" Harvey said, " I will kick his bloody life out of him, and those that take up for him, if I get pulled for it" Oats, Trevaskis and Laity were present and must have heard him say so. I had no drink in the house. I was there, perhaps, half an hour. I know Johns pretty well. As a matter of fact, I call him an intemperate man. I don't know that I am bound to answer all these questions, gentlemen.
The Chairman : Yes, such question that
Witness: l have several times seen him intoxicated, but not of late. I think he were a teetotaller for some time.
Mr. Dale : That was some time ago.
Witness : On going home, on the 26th, I met the eldest sister and she said is that you, Robert? I thought you were a teetotaller!
The Chairman considered this irrelevant to the case.
Witness: l know Jacka, and had a conversation with him last Thursday fortnight During that conversation this case arose.
Did you then tell Mr. Jacka that Harvey had not kicked Johns ?
No. Did you go as far as this " I don't believe Harvey kicked Johns ?"
I don't think I did.
Will you swear to that ?
No, I will not: I will swear I did not tell Mr Jacka that Harvey did not kick Johns.
Did you say this, that Harvey didn't hurt Johns?
I might have said the kick could not have hurt him.
Did you say to Mr. Jacka that the kick didn’t hurt Johns?
l can't say : I forget about it
Mr. Dale: You have a very good memory for some things can't you remember that ? Did you tell Mr. Jacka you saw the kick?
I believe so, but I could not tell: I might have said the kick did not hurt Johns. I have not come here— Mr. Dale: To answer questions?
Witness: To tell any lies. I might have told Mr. Jacka that I did not believe the kick had hurt Johns. I have no doubt Johns was drunk, for we had enough to do to keep him up.
Henry Laity: I am a farmer and live at Marazion. I recollect the 26th Sept, when I was in the kitchen of the " Fire-engine " inn. I heard a scrummage in the passage, and I went out to see what it was. When I got part of the way out of the passage I saw Trevaskis, the first witness. Then when I got there, I heard them say that Robert Johns was on the ground. When I met Trevaskis in the passage I can't say what was going on outside. There was no light in the passage. I was then about ten or twelve feet from the door. I saw nothing that happened of the scrummage at the door. Afterwards I saw Johns come in. I, first of all, saw Johns that night in the inside bar, to which he had gone before. The last witness and I stayed with Johns in the inside bar. When inside the bar he said, " Go out and...... "
The Chairman:—You must not give us that evidence.
Johns escaped from us and went into the mixing-bar. I can't say exactly if we got him in again, or how long we kept Johns there. Harvey went away, and he said Harvey had bit him. He called for three pennyworths of liquor, but I can't say he drank it. He then said he would be going home. (Cornish and myself) put over the hill, and washed his face in one of the troughs. We were obliged to help him home; for he was intoxicated with drink. I then handed him over to his sister, and she said “Well, old man, what do you call this?"
By Mr. Dale : Johns never complained of his head, going home. I was at the "Fire engine" all the time Johns was there. I heard Cornish say, "Harvey has kicked him." I can't say if Johns was present Harvey was not in the same room as Johns. Cornish and I were with Johns. We had nothing to drink. I would not say I have seen him since then. I might have passed him, as I would other men. I am not going to say I have seen him. He has never said a word about that scuffle.
In answer to the Chairman : On taking him home, he conducted himself like a drunken man, he was talking little business of broccoli and potatoes.
Mr. B. Bolitho: You did not hear Cornish say to Harvey that he ought not to have kicked him? I was in the passage, sir.
The Chairman repeated the question.
l can't say that I did sir.
Jane Johns: l am sister to Robert Johns, and I live at Truthwall. I remember 26th Sept. I was walking up lane, near our house, about halt-past eight, and saw Cornish and Laity leading Robert. He looked rather tipsy. I took charge of him from there, and helped him up the lane. When I got him into the house I went upstairs by himself. After I was in bed I heard him groaning. Saw him again next morning. He did not come down till the middle part of the next day, he was then very poorly. I went out, came in again, and went to bed. Nothing else particular happened. On the following Monday morning was very ill, and he said his head was fearful. I recommended him to take Holloway's pills, he took them twice, and then consulted Mr. Quick. After seeing Mr. Quick he saw Dr. Davy, and shortly after he took to his bed and there died. On the evening he came home I observed that the end of his nose was almost bitten of.
Mr. Dale: He was 37 years old. I have not lately seen him come home that way, once, now and then but not lately: have only seen him once in a similar state, since he came home from the North of England, have heard him groan the same as on this this night, when he was tipsy; but very seldom. He was in the habit of going away some three or four days, but it was business which took and kept him: He generally came down early alter these bouts, and I don't think he was ever late before. It after 11 when he came down.
Martha Johns was called.
Inspector James said that this was the witness the father of the deceased wished to examined, but the police did not know what she had to say.
Witness: l am the sister of the last witness and I live at Truthwall: I was home when my sister brought home Robert Johns: he leaned against a wall and asked for a light and some milk: I took him the light and the milk: I was close to him when was drinking it. and I put the light by the side of it: He was upstairs when I took the milk to him, not in bed but sitting the side it: I observed that his nose was bleeding very much and asked him how his nose got like that, he said Harvey hit him. I did not see any marks about his head, except his left eye, which drooped very much .
Mr. Cornish: What makes you think he had had blow?
Witness his eve was very much drooped, such as we had never seen before: I observed a bruise on the eye then or afterwards. On the following day he complained of a pain in the head and went complaining till he died. When he was in bed the left eye was closed, even when he was awake. From the night of the 26th until the night he took his bed the eye was always drooping a little.
By Mr Dale: We have not seen him very drunk often, especially within the last twelve months: he did not appear very sleepy on the night of the 26th: He did not commence to groan until was in bed about an hour: he told several that he had not been treated very fairly: he never came home the worse for liquor after the 26th: I never heard him groan before when would be in liquor as he then did.
Francis Johns. My brother generally paid attention to his business and to mine, but in the latter end of October he was becoming unable to attend to his business. He never made any complaint against any person. I remember when he was brought home and I observed that he was not as he used to be. He appeared as if he was intoxicated; he was not speaking very clearly, or standing upright as a person sometimes would.
Mr. Dale: You swore that at the inquest you were in bed when came home; you must have a bad memory.
Continuing examining, witness further stated: My brother was in bed about 3 or 4 weeks, and up to the time he went to bed he transacted his business as usual and never noticed anything the matter with him, I don't think I have seen him drinking for a long time. I thought from his appearance that he was suffering from a blow on the head. I can’t say I have seen him intoxicated lately.
The Chairman and Mr. Dale both remarked that they could make nothing of this witness, and was re quested to stand a respectful attitude towards the Bench
P. C. Richard Oliver: I am a constable stationed at Marazion; at about 7 o'clock in the evening I was on duty at the Marazion side of Perron Cross, coming towards Marazion. I saw William Oats pass me in a cart and Laity and Robert Johns were with him the vehicle; Johns was sitting on the hind part of the cart, and, from observation that he made, I could see that he was intoxicated. I concluded this from what he said and also from his manner: about ten or fifteen minutes afterwards I came to the "Fire engine" inn; I saw some people standing outside, and I heard a noise inside; I went in and the first thing I saw inside the door was John Harvey standing in the mixing-bar, with his back towards me; I saw Robert Johns standing facing me in the inside bar; John Cornish and Henry Laity and John Eddy were standing up beside him; I observed that Johns' nose and mouth were bleeding: I asked what was the matter; he was wanting to fight John Harvey, but the two men (John Cornish and Henry Laity) were restraining him; I could then see that he had been drinking; he was very excited as well; I did not consider him sufficiency drunk to report him, but considered him excited with a little drink, but capable of taking care of himself; I left before Johns left
By Mr. Dale: I had frequent opportunities of seeing Johns; as to his general habits I think he was accustomed take drink, but not recently; he has been before the bench and convicted for being drunk; I observed a mark upon his nose, but not the evening of 26th, because of the blood.
'The Chairman: Are you convinced that, from his words and actions, was in state of intoxication ? Yes, convinced.
Did he make any gestures ?
Yes, throwing about his arms, and at the same time made a remark to me.
John Quick, surgeon: I recollect Johns consulting me on the 22nd or 23rd of September, for the first time; I saw him at Marazion, and found he had a little eruption in his arms; I gave him some medicine; that was before the accident; I saw him a week before the 26th and he said he was very well; on the evening of the 25th or morning of the 26th he told me he was better and asked for another bottle of medicine; this was sent to him on the 27th; I saw him next after the 27th, about in a week or ten days I had not heard of the accident at that time; I then asked him how he was; he said "Quite well;" I observed nothing peculiar about his eye or any scar upon his nose; I saw him again on the 27th of October: he came in to the surgery and told me there was a slight eruption in the arm: he asked for another bottle of medicine, and said he thought he would be all right; from his appearance I saw that he had been drinking that morning and remonstrated with him about the quantity of liquor was taking; he said nothing about his head.
Mr. Dale : Did you remonstrate then about the drinking on that occasion or as a habit?
Witness : I spoke to him on his habit of drinking, and he said he must give it up, as it affected his head, and could not get on with his business.
Excessive drinking might possibly produce inflammation of the brain.
Mr. Dale: And from which inflammation an abscess might form
Quick: It is quite possible.
In answer the Chairman : I was of the opinion that he was injuring his body through drink.
Humphry Davy: l am a surgeon practising at Penzance. On the 5th of November Robert Johns called on me, and complained of a pain on the right side of the head, loss of memory, and found could not write his business letters formerly, and he made use of the wrong words. I examined his head and face, and found everything natural. He did not complain of a blow.
Mr Cornish : Did you ask him another question
Witness :—Yes, I asked if he had been in the habit of drinking and said he had been. I put down, until the last two or three weeks, the symptoms of which he complained of that time as drinking. I told him to go home and keep quiet, and would see him again on the 7th of November. I saw him again then. He was no better, but rather worse. On that occasion I particularly asked him if he had received blow. His answer was that he remembered Harvey had struck him on the 25th of September.
Mr. Cornish : Where ?
Dr Davy: left side of the head. I treated him for sub-acute inflammation of the brain. He told me that time that he had often been drunk, and bad had several falls. He remained under my care until his death. I could find no scar on his nose, although he told he had received a blow there. Not until within two days before his death did I observe anything peculiar about his eye.
Mr. Cornish : What did you observe then?
Dr. Davy : I observed a drooping of the left eyelid and dilation of the pupil of the left eye, which symptom would point to compression on the brain.
Mr. Cornish : Do you recollect the day died?
Dr. Davy : On the 30th November.
Mr. Cornish : After his death you were requested by the Coroner to make post mortem examination with Mr. Hosking?
Dr. Davy : Quite so.
Mr. Cornish : You first of all examined the head externally?
Dr Davy: Yes.
Mr. Cornish: I suppose you were able to make a more careful examination then than if the man had been alive ?
Dr Davy: Quite so.
Mr. Cornish: Did you find any external marks injury?
Dr Davy: none.
Mr. Cornish: You then opened the skull externally
Dr Davy: We then removed the scalp and examined the external surface of the cranium. There were marks of injury. We opened the skull and found the membranes of the brain congested.
Mr. Cornish: Was the substance of the brain also congested'?
Dr Davy: Yes.
Mr. Cornish: On slicing the brain did you find an abscess?
Dr Davy: Yes, we found an abscess near the anterior border of the left anterior lobe, near its base. We found about half ounce of matter there.
Mr. Cornish : ln what condition did you find the substance of the brain around the abscess?
Dr Davy: Ragged and soft
Mr. Cornish: ln what state did you find the bones of the skull?
Dr Davy: Quite natural.
Mr. Cornish: Had there been a fracture the skull on the 26th Sept
Dr Davy: there would have been some signs of it
Mr. Cornish: The other organs of the body you found all healthy?
Dr Davy: Quite. The membranes were adherent to the skull, especially the base of brain. This was the result of the inflammation.
Mr. Cornish: What do you consider the cause of death
Dr Davy: Abscess of the brain.
Mr. Cornish: What, looking the result of your examination, do you think the cause of the abscess?
Dr Davy: I can't say : there need not have been a concussion : it might have resulted from other causes
Mr. Cornish: a blow, or kick, or other causes without any contusion at all?
Mr. Cornish: Were the other organs healthy?
Dr Davy: Yes, and the probability is that death resulted from contusion.
Mr. Cornish: Do I understand you to say that an abscess might have been produced from contusion or other causes?
Dr Davy: Yes.
By Mr. Dale : On the 7th Nov. the conversation took place in his home.—Did he then state that the blow was on the nose?
Dr Davy: I am not certain whether he said he received the blow given him by was on the side of the head or on the nose.
Mr Dale: Did he mention at that time he had had other blows on the head or falls?
Dr Davy: He mentioned that he had fallen about, coming home, drunk, but not any special blow. I suspected blow from the first
Mr Dale: What would cause abscess?
Dr Davy: Excessive drinking among other things.
Mr Dale: Therefore, excessive drinking might be the cause of all the symptoms you saw at the examination?
Dr Davy: I think that probably it resulted from a blow, fall or kick. An abbess might take days, weeks, or months forming. There was no drooping of the eyelid when I first saw him. Sometime about 10 days before his death I saw it first. As a rule, when it comes it remains. If had been there on the 26th of Sept. I should have observed it on the 6th of November, it does not pass away.
Mr Dale: When you examined the body did you discover any signs of drinking?
Dr Davy: No, we did not.
Mr Dale: Suppose he was ill sometime the would have disappeared?
Dr Davy: Quite so.
Mr Dale: Therefore he might have been drinking before his illness (three or four weeks before) without leaving any signs
Dr Davy: Yes.
Mr Dale: The membranes were not particularly congested at one point?
Dr Davy: No, they were congested all over the brain.
Chairman: Was this abscess near the left eye?
Dr Davy: Yes.
Richard Hosking: I am a surgeon practising Penzance. As far as regards the post-mortem examination I go with Dr. Davy's evidence.
Mr. Dale And with the cross-examination about the abscess's probably relating from drinking?
Mr. Hosking: I do. I would say that we found in the ventricles four ounces of that the result of inflammation.
Mr. Dale: Supposing the deceased had a blow on the 16th Oct, these symptoms might have arisen from a blow received then?
Mr Hosking: —Yes.
Mt Dale: I understand Dr. Davy's evidence, and a blow or fall was the most probable cause?
Mr. Hosking - Yes.
Mr Dale: And do you agree with it .
Mr. Hosking Yes -
Mr. Dale: Taking into consideration the evidence already produced here to-day that this man was a most intemperate man, do you not think that the excessive drinking may have caused all of the symptoms in this man quiet as well as a blow?
Mr Hosking: it may have produced these symptoms, but I am inclined to think there is a greater probability of a blow producing it. I not dispute for a moment that excessive drinking might produce them.
This concluded the prosecution. Mr. Dale said would call several witnesses first, and then address the Bench.
Francis Lavers :—I am a labourer at the new railway station. I remember, six weeks last Thursday, being at the railway station. About half past two Mr. Johns was intoxicated. I saw him fall forward on a piece iron rail, and strike his head against it. When he rose he appeared stunned. He was helped up. lam certain he was intoxicate.
John Williams: I live at Ludgvan and am a market gardener. I knew the deceased. I remember, about five or six weeks ago, or it might have been more, I saw him at Marazion station It was between eight and nine in the evening. I saw a man making towards the railway trucks, coming by the lower road from Penzance. The next saw him fell between two trucks. I went to him and said “Holloa” but he never spoke. I found it was Johns so I lilted him up and he began to steady himself. He appeared intoxicated and said he had been drinking hard and a few more blows would finish him. He was lying across the rails, face downwards, and it is my impression from his position, that he must have struck his head against the buffer. At the Penzance railway station I saw him fall and I think that he struck his head against an iron rail lying there. He appeared the worst for liquor and was very helpless when he arose.
John Johns, father of Robert Johns, here rose in Court, and said. I am the father of Robert Johns. Would your worships allow me to say something? I would like to ask Williams a question.
What day of what week did you see Robert Johns fall against the trucks?
John Williams : On a Saturday.
John Johns: Because from my personal knowledge it must be six weeks or upwards since he was at Marazion station, having anything to do.
John Williams said he had seen the deceased two or three times a week at Marazion station since then.
John Johns : From that very time .
John Williams —Yes, from that time.
The Chairman, seeing Johns wishing to continue: I'm afraid you must take that answer.
William Charles Beckerleg: I am a miner, living in Germoe. I remember being at the Fire-Engine Inn on the 18th of Sept. I saw Robert Johns and Harvey there and a scuffle in the passage; the landlord tried to push Johns and Harvey out; as Oats pushed I saw Johns fall. Oats got between the two but I never saw Harvey kick Johns. The latter was intoxicated before he fell but can't say how he fell. It might have been from the landlord shoving him out, but Harvey was scuffing him the time.
Thomas Jacka: I am a farmer at Marazion, and I knew the deceased very well. I remember seeing the deceased intoxicated just after Michaelmas, and he fell over steps about this time.
The Chairman : Have you nothing that will fix that day
Thomas Jacka: No.
Mr. Dale: Had you a conversation With Mr. John Cornish Thursday fortnight?
Thomas Jacka: I had, coming over Green to Penzance; I asked him did anyone kick Johns; he said Johns was not kicked I was the first person that picked him up.
John Johns again interrupted, but was requested to sit down. I was going to say, he said, I have been speaking to persons at the refreshment-rooms…
Mr. Dale: I object to this.
John Johns: And enquired of the person…
The Chairman : It's no use your saying anything, in fact the Bench cannot allow you to do so, because it illegal.
This concluded the examination of witnesses.
Mr. Dale, in addressing the bench, said that although they must all deeply deplore the death of this young man yet they could not, be submitted, carry that sympathy with which they must have in such a case so far as to do injustice to the living for anything which may have happened to the dead. He must ask their worships, in looking at the evidence which they had heard, to lay aside everything which had taken place outside the Court reference to this case and to rest their decision only on the evidence which had now been brought before them; and then decide whether they had a Prima facie case, and one which they considered ought to be brought before a jury. The two special points of the evidence which would particularly direct their attention would be the meeting at the "Fire-Engine" Inn at Marazion, and the evidence as given by the medical men before them that day. John Cornish was the only one who swore to seeing a kick given, but that witness even could not say in what part of the body it had been given; in fact, in his evidence in chief he had said it was the bottom part of the body, and, when pressed, he could not and dared not further than that. None of the other witnesses had seen any kick given and held that had there been one these other witnesses must have seen it as well as Cornish. He also referred the Bench to the conversation that took place between Jacka and Cornish, in which Jacka said that Cornish had told him that Johns was not kicked, and the manner in which Cornish had that day given his evidence did not lead to the conclusion that the kick had been given. Even if they believed it was given they must come to the conclusion that it was at the bottom of the body. Further, the deceased goes about his business, after that, in his usual way, and it is not until six weeks after that date that he became seriously ill. Taking this into consideration and also the fact that in the interim he had received various falls and from the manner in which altogether he had conducted himself in that interim induced him confidently to ask their worships to come to the conclusion that what took place at the "Fire-engine" inn did not lead to the death of this young man.
Mr. Quick told them that, although Johns had reason to see him subsequent to the 26th September, he only spoke the doctor about a skin eruption and said nothing whatever of blow. He (Mr. Dale) would put it most strongly that if Johns had incurred a fatal blow he would certainly have been the man to mention it to when he had private interview with him a week after the accident. Mr. Quick also told them from an examination of the man he found Johns to very intemperate. The man complains of his head. This was caused by what? Was it a blow? On the contrary, he says " The pains in my head were caused (not by a blow but) my own intemperate habits," and nothing else. Supposing he had no other evidence but Mr. Quick's he should ask the Bench to say there was not sufficient testimony whereon to send the case for trial.
Dr. Davy also said candidly that all these symptoms might have arisen from the habit of drinking, and not from a blow. Taking all things into consideration, their worships could not, he said it with all confidence, think that a jury would come to the conclusion that the deceased met his death by what happened on the 26th of Sept. There was, in his opinion, no prima facie case and, even supposing it went before a jury as it was, he felt sure they could not imagine the jury would come to the conclusion that his client was guilty of manslaughter.
John Johns again rose and said: I beg to say that after that occurrence he was not fit to transact business. No notice was taken of this remark.
The Chairman then said: John Harvey. "(Prisoner stood up, looking very pale.) It is my opinion (and in that Mr. T. B. Bolitho fully concurs) that the nature the evidence does not justify in sending this case for trial.
