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MAGUS

46 Dr Colvan recalled – ‘My opinion as to the cause of death is this, that if life was lingering after the violence, it may have been finished or accelerated by the inclemency of the weather.’ The witness’ depositions were then read where it appeared that he had alleged exposure to the weather as one of the causes of death. Dr Colvan to the Court – ‘The tongue of the deceased protruded which indicated suffocation – not strangulation. Strangulation is considered as effected by placing a substance tightly round the neck. Suffocation may be caused by pressing the hand against the throat and squeezing the wind-pipe. Choking is properly the stopping of the oesophagus by the pressure of some extraneous substance’. Sir T. Staples quoted from 5 Carrington and Paine, 121, as reported in Roscoe on Evidence, 650, to show the sufficiency of the evidence to sustain the indictment so far as regarded the acceptation and admitted meaning of the terms choking and strangulation. Mr Hanna, QC cited from Roscoe, 651 to a similar effect. The Court held the precedent good but did not wish to preclude the prisoner the benefit of a future consideration of the point raised by his Counsel. Mr Blacker then addressed the jury briefly on the part of the prisoner. No witnesses were called for the defence. His Lordship began his charge to the jury and his recapitulation of the evidence at five minutes past three o’clock and concluded at a quarter past four. At five minutes to five the Jury returned to the Court with a verdict of – guilty. The prisoner did not evince any particular concern when the verdict was announced. He preserved a dogged, listless air during the whole trial and on one or two occasions we caught him smiling while chatting with a policeman and the jailers in the dock. Wednesday August 5. John Blakely, for the murder of his own child, was then called up to receive sentence. Judge Burton (having put on the black cap) – ‘John Blakely you have been indicted for the murder of your own child and on that indictment have been tried. After a full and patient

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