WESTERN CIRCUIT.—WINCHESTER, DEC. 11.
(Before Mr. Justice Williams.)
George Trussler, aged 34, a sawyer, was charged with the manslaughter of William Trussler, at Bramshott, near Petersfield, on the 7th of October last.
Mr. Poulden conducted the prosecution, and Mr. W. M. Cooke appeared for the defence.
The facts of this case were brief. The deceased and the prisoner had stood in the relation of father and son. The prisoner worked away from his home, as a sawyer, and his companion was a man named William Windebank. The deceased and his wife, lived in the same house as the prisoner and his wife. On the morning in question Windebank called for the prisoner to go to work, at seven o'clock. The old man was standing at the wicket in front of the house. He was 71 years old, and beyond labour, his son supporting him. The old man seemed annoyed at the lateness of the hour the other two were going to work, and said to Windebank, "This is a pretty time to go to work, you ought to have been there and done half a day's work by this time; I would not work with a man who came at this time of day." Prisoner interfered and said, "What's the difference, if we do our work?" Prisoner's wife also made some remark to the old man, who then turned round hastily and made this remarkable observation to her "How was it when you first came home? Did you not begin at Bill (Windebank), and he rode you on the bank, and you hollowed out and squeaked like a horse and mare." At this the prisoner became highly incensed, threw down his saw, and took up an oven-peel, with which he struck his father behind the left ear, felling him to the ground. The man bled from his nose, mouth, and ears. He was taken in-doors (the prisoner assisting), but in twelve hours he died, having never become sensible after receiving the blow.
The jury found the prisoner Guilty, but recommended him to mercy on account of the great provocation given, and was sentenced to be confined in the gaol, without hard labour, for one year.