Mr. Price addressed the jury for the prisoners, urging those topics in his argument to which he had applied himself on his cross-examination.
The Lord Chief Justice began to sum up at a quarter past six o’clock on the second day of the trial. Having recapitulated the terms of the indictment in form, his lordship proceeded to observe, that the conviction of the prisoner Greenacre of murder or manslaughter would not necessarily involve the prisoner Gale in the charge, unless the jury were satisfied that the evidence was sufficient to bear out the allegation of her having been an accomplice in the transactions connected with the death of the deceased. He had no doubt the case would receive the most benevolent and patient attention of the jury. He would read over the evidence, and leave them to say whether they considered the prisoner Greenacre to have been the author of the woman’s death, and whether the evidence amounted to proof of murder, or of manslaughter of an aggravated kind. There were certain undoubted principles of law which must be kept in mind. One was, that where a person met his death from the hand of another person, that other person was bound, either by direct evidence or out of the circumstances of the case as they appeared in evidence before the jury, to mitigate or reduce the charge to the lower or minor class of offence. But then some circumstance of alleviation, mitigation, excuse, or justification must be brought before the court and jury, or be derivable by fair inference from the evidence. What they would have to say, therefore, whether, looking at the whole of the case, they were satisfied that it was left on the broad ground on which it was started by the counsel for the prosecution—namely, the actual murder of the deceased individual, or whether there were any circumstances in the case to induce them to come to a conclusion of a milder character—namely, that of a felonious manslaughter or accidental homicide. The learned judge then proceeded to refer to the evidence which had been adduced, commenting with great minuteness and perspicuity upon every circumstance from which the guilt or innocence of the prisoners was argued. He observed that the male prisoner had, by his own statement, admitted that he was guilty of manslaughter, unless they came to the conclusion that by an act of carelessness, or of playfulness in tilting up the chair, the woman had met her death. If, on the other hand, they were of opinion that the prisoner had occasioned the death of Hannah Brown, either by premeditated malice or by a malignity of feeling, caused by conduct of an exasperating nature, thereby giving rise to a spirit of revenge, then they must find him guilty of the higher offence. They would observe that the doctors had given it as their opinion, that the knife had been applied to the neck during life; they would therefore have to say whether, being possessed of a malignant spirit, the prisoner had not taken the knife and completed that act which he had wickedly intended to effect. He would exhort them to weigh well the circumstances of the case, which was one of extreme difficulty. Above all things, it behoved them to turn a deaf ear to any manifestations of clamour which might have been exhibited on the part of the public; such impressions ought at all times, but more especially upon an occasion like the present, to be banished from a court of justice. They would enter upon the performance of their solemn and painful duty with feelings of patience and calmness, giving to every portion of the evidence such favourable interpretation as it would allow, and they would give any benefit which might arise therefrom to the prisoners; they would look into all the evidence watchfully and narrowly, and if upon mature reflection they entertained a doubt of the guilt of the prisoner of the charge of murder, they would let him derive the full advantage and benefit of such a doubt. If, on the other hand, the evidence was so clear and satisfactory as that in their minds it brought the commission of the crime home to the prisoner, they would doubtless do their duty. With respect to the other prisoner, Sarah Gale, if they found the male prisoner guilty, either of the crime of murder or manslaughter, they would say whether by her assistance and aid she had protected, comforted, and enabled him to screen himself from the justice of the country. If so, they would find her guilty of the charge for which she was indicted. If, on the other hand, they thought that she had not in any way acted as an accessory, and had had no guilty knowledge of the crime, then they would give her the benefit of such opinion, and return a verdict of acquittal.
The jury having retired from the box for the purpose of considering their verdict, after an absence of a quarter of an hour only, returned into court to deliver their decision upon the case. As they passed to their box, Greenacre surveyed each of them with a keen, searching, and eager glance, as if to read in their expressions the fate which awaited him, and of which the jury were now the arbiters. His countenance, however, remained unchanged; and he still appeared to preserve the same degree of firmness and self-possession which distinguished his demeanour throughout the whole of the trial, and seemed as a man who had already anticipated his fate, and whose mind was made up to the worst that could befall him. The prisoner Gale, on the contrary, seemed lost and bewildered, and almost unconscious of her awful situation: but with that feeling of attachment for her paramour which women will evince even under circumstances of misery, shame, and peril, she fixed her look during this painful interval of suspense and agony upon the countenance of him to whose fate she appeared to cling, even in this trying moment, when life or death was about to unite them once more, or sever their unfortunate connexion for ever.
The clerk of the arraigns having called over the names of the jury, said, “Gentlemen, how say you; do you find the prisoner at the bar, James Greenacre, guilty or not guilty of the felony of murder with which he is charged?”
The foreman of the jury answered, “Guilty.”
The question was then asked with regard to the prisoner Gale, and the foreman of the jury again answered “Guilty.”
The countenance of Greenacre remained unaltered. He exhibited no emotion, but leaned back in his chair and seemed perfectly indifferent to what might follow. Gale appeared almost unconscious of what was passing around her.
Upon the announcement of the result of the case outside the Court, the huzzaings of the crowd, who were impatiently awaiting its termination, were of the most deafening description; and several well-dressed persons were observed in elevated positions, waving their hats to the mob, as if upon the intelligence of some important victory.
The recent alteration in the law with regard to the period of the execution of murderers, rendered it unnecessary that sentence should be immediately passed on the prisoners; but on the following day, the 12th of April, they were brought up to receive the judgment of the Court.
Upon their being called upon in the usual way, to say any thing they had to urge why sentence should not be pronounced upon them: