With thanks to Joy Dean for sending this one to me.
Friday March 31, 1837
Corin, Philip, for Manslaughter
Page 3, column b
LAUNCESTON, TUESDAY, MARCH 28.
CROWN COURT.—(Before Mr Baron GURNEY.)
Philip Corin was indicted for the manslaughter of Thomas Rodda, in the parish of Gulval.
Mr. Praed conducted the prosecution, and Mr. Cockburn defended the prisoner
William Stimpson.—I live near Penzance. I was on Chiendower-bridge on the evening of the last Saturday in July. I saw the prisoner there that evening. I saw him take the near wheel of a cart which was standing there and throw it over. I heard no cry when it was upset: it was close to the sea, which made a noise at the time. I saw the deceased after the cart was upset: he went away with the prisoner.
Cross-examined.—There was a mule in the cart. If a person had been knocked down by the cart he must have gone into the river. Rodda did not complain of any injury.
John Smith.—I found Rodda at my mother's house that night, between 12 and 1 o'clock. Corin was with him: he asked for a light to look for the tail of his cart. I said I could find it without. We went about 100 yards, and the prisoner and Rodda quarrelled, and I went in doors. I was shortly afterwards called out by a noise. I went and saw the cart was overturned. The deceased was on his hands and knees, about six yards off. I went to him, and he said, “Never mind me, look after the mule.” Before I came out I heard some one say, “I am killed, donky and all.” They said they would all go home together, and they got into the cart. The deceased was very tipsy.
Cross-examined.—The prisoner has always had a good character.
Richard Rodda.—The deceased was my brother. I was called up at half-past 4 o’clock in the morning. I found him in great pain: and he said, “My dear brother, I am a dying then—I have been murdered this night. That fellow Corin has killed me, by upsetting my cart.” He said Corin upset the cart upon him, and it came upon his stomach, and that Corin did so because he was not agreeable for Corin to ride home with him. He told me that he had crawled home on his hands and knees. He died on the 1st of August, two days after the injury.
A surgeon proved that he was sent for that morning. He was very bad. After death he opened the body, and the appearances were such as would be likely to arise from such a concussion. The deceased gave me no account of the injury.
Mr. COCKBURN then addressed the jury for the prisoner, urging upon them that the declarations of the dying man, who was drunk, were so inconsistent with the evidence given by the witnesses who had been examined before them, that there must be a doubt produced in their mind, of which he was sure they would give the prisoner the benefit.
The learned BARON having summed up, the jury returned a verdict of Not Guilty.