James Beare, Watchman of Yeovil, Convicted of Manslaughter 1838

[sugarfizzle]

I have very recently found the following about James Beare of Yeovil, charged with manslaughter, by neglect, whilst employed as a watchman at Yeovil.

http://www.yeovilhistory.info/beare-manslaughter.htm
 
One newspaper report 24 Jan 1838  is that the 'The jury returned a unanimous verdict of "Manslaughter" against George Hill and James Beare, and Coroner has committed the two former to the gaol of Ilchester.'

Another report 11 Apr 1838 is that 'The jury returned a verdict of guilty against both prisoners.  Lord Denman said he wished to take the opinion of the other judges, before he pronounced sentence on so novel a case.'

The Somerset Assize records for 31 Mar 1838 show the two men, accused of manslaughter, but the verdict was not recorded, both men were 'discharged on sureties to appear', written under the whipping/fine and acquitted column.

What is likely to have happened here?  Was manslaughter not taken seriously in that era (I note on George Hill's page that one man was sentenced to 3 months for manslaughter, and another for 1 month, whilst larcenists were sentenced to 7 years, 10 years or life imprisonment.)

3 years later on census night he is given as James Beare, Beer Seller, Hewish (fore runner of the Beehive Inn)

Margaret

[stanmapstone]

There is Voluntary Manslaughter and  Involuntary Manslaughter.
The Offences against the Person Act 1828
By Geo.4, c.31, s.9,  every person convicted of manslaughter, is liable, at the discretion of the court, to be transported for life, or any term not less than seven years, or to be imprisoned,  with or without hard labour for not exceeding four years, or to pay such fine as the court shall award.
"Commentaries on the laws of England"   By Sir William Blackstone


Stan

[sugarfizzle]

Sorry for the late reply, Stan, been without internet .

Thanks for your input.
So, likely to have been convicted of involuntary manslaughter, but still was not recorded as such, and no record of any prison term or fine.  Is this likely to be recorded somewhere else?

Margaret