R v Clerke
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1860 |
| Date | 01 January 1860 |
| Court | High Court |
English Reports Citation: 175 E.R. 932
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER
[2] York, coram Wightman, J. regina v clarke (Mistake in caption. An examination of a man touching injuries which he has received from a prisoner, if subsequently on the death of the injured man from the injuries he has received, appended to a caption charging the prisoner with his murder, is inadmissible in evidence on that charge, although it may be admissible as a dying declaration ) Thomas Clarke, aged forty-five, was indicted for the wilful murder of Patrick Coley, at Horton, on the 28th of August last. Blanshard and Wheelhouse prosecuted. Price defended the prisoner It appeared that both the prisoner and the deceased man were Irish, and that on the 28th of August last the prisoner had a christening and merry-making at his house, in the course of which alternate quantities of rum and beer were consumed. At night the deceased wanted half a gallon more beer sent for, which prisoner refused to allow. This led to a kind of wrangle between them, which led to a discussion as to the respective merits of their native counties, and to the prisoner eventually ejecting his friend, the deceased, from his house The deceased attempted to get in again, but the door was locked. The deceased attempted to get in by kicking at the door, and, as his shoes were thin, he asked the bystanders assembled if any of (a) That is, where hail would be refused. Ex parte Barronet, IE & B 1 , 1 Dears C. C 51. 932 2 P. ftF. 3. REGENA V. HAY 933 them had thicker shoes on that he might kick the door-panel in. At length the prisoner, exasperated by this hammering at his door, opened it, and the deceased went in, and the prisoner was then seen to strike him three blows on the body, which were followed by loud screams of " murder ! " from the deceased It was found that the man had received three severe stabs in the body, and he was earned home and a surgeon sent for, who, being of opinaom that he could not recover, from the nature of ttc wounds, a magistrate was sent for to take his deposition, and the prisoner was taken into custody. The statement of the deceased was then taken down in writing as a dying declaration, and next day, in the presence of the prisoner, this [3] statement was read over to him, and he said it was correct, " as a dying man " The deceased died two days afterwards, and on the 3rd of September the witnesses made their depositions before the magistrates...
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