Star. — London, England, 1812-07-04 00:00:00

CID BAILEr, JUL?' s: TRIAL OP THOMAS BOWLER. On the Be nch, Justices Sir Stator LE fiLAkt,. Zri G is tg, the RECORDER of Loratijii, and seve the m agistrates. B ow l e r was brought to the" Bar, indicted wilfully. maliciously, unlawfully, and feloniously r u ng , with a blunderbuss, at William Burrows, h intent to murder him. The riaoner is about siry.five years of age, and Is become somewhat bald. He is •of a stout, etic make, and possesses a resolute countenance. , wa s dressed in a light drab • great coat, a darker e b o y coat, •light-coloured cross-striped vest, ..;4a red under vest, light-coloured breeches, and silk handkerchief tied round his neck. 'o ti th e part of the prosecution appeared Mr. toois and r. A:... t he pa M rt of the DOLPHU prisoner, Mr. ALLEY, Mr. row , Mr. Guravcr, and others appeared. ' To t he indictment the prisoner pleaded—Not Goal* M G ADOLPHUS opened 14)e case on the part of the *yeas followed, and said that the prisoner, l u sts Bowler, stood , indicted at the Bar, under aut hority of an Act of Parliament, passed in his r .. ...„ . . t tkesty's reign (called Lord Ellenborough's ict) w hich made it felony to attempt the commis ite;•a crime which had for its intention the de sueerion of the person against whom it was directed; and although the weapon dropped short of the life, yet that circumstance, which, according to former hw, was an extenuation of the crime, did not now cos vibuto to lessen it in the least. The prosecutor ens a respectable farmer at Alpurton, near Harrow, within a short distance of London, and for a long F ogression of years had been accustomed to carry rye produce of his farm, which was meadow hay, to i t Haymarket of London. His way lay along the kluge of Alpurton, and he wept regularly three * l a week. The prisoner was a farmer of a re wectable fortune in the vicinity of the same place, gins well acquainted with the days and with the iaeof the day which Mr. Burrows usually passed II the bridge. Before that he entered upon a m otive of the circumstances of that detestable nee which brought the Prisoner to the Lar, it gold be incumbent upon him to prove that the for which he was indicted was done with malice ought, and with a sensible consciousness of the uences. When a person committed an act which he stood, it`i the eye of the law, criminal— it was shewn that his mind was in a condition We of judging between right and wrong, and the performed it in such' a state of coolness and Oection as made him amenable to the law, then it 'tame the duty of his •friends to prove that his at the time he committed the deed, w•as in a tt. of insanity, if they were desirous to spew that wai not amenable. Upon the 30th of last May, eptisoner at the Bar was discovered, early in the ming, with a blunderbuss in his hand, walking to td fro beside the bridge of Alpurton. A black- with of the name of Jones, who had his shop beside [abridge, happened to be departing frrm his shop, and met the prisoner with the weapon in his hand. They entered into conversation, and Bowler, holding 'phis blunderbuss, said it was out of repair, and se 'teed that Jones would return to his shop, lot the I ppose of mending it. When they arrived at the is h he desired the blacksmith to be wary how he Ladled it, for it was loaded, and he carried it' for !the purpose of shooting a dog. During this time he tamed to be anxiously awaiting the coming of some person, and going out to the road he perceived Mr. Burrows coming riding towards the bridge in a staing.cart. He ran into the shop, and snatching up the blunderbuss, stationed himself underneath the foliage of an old elm, screened in such a manner, 'that a person passing along.the bridge could not be able to disc, ver Min until close behind him, while he! multi see the ptr'on who approached from the mo ment he came to the top of ih kriJge. Mr. Bel-- , rows approached within a few yards. Bowler, who I kept himself in a ready posture, raised his blunder buss. and, with an imprecation, discharged it. In a Moment he dashed his weapon on the ground, and , causing his grandson to dismount from awed which ! lahad prepared for the purpose, Ire leaped into the saddle himself, and disappeared at the gallop. This yam the 30th of May, and he could not be.appre skarded until the 6th of June. Throughout the whole lithe case which he would submit in evidence to the Court, there would appear a reflecting and syste matic plan for the perpetration of the atrocity, and a caution, and alertness, and pre-meditation, in the flight which he made, that would fully prove that he was. a person fully capable of employing his fa tuities. The defence, he understood, that would be set up for the prisoner, was mental derangement, at the time the deed was committed. But the behaviour of the prisoner, when he pleaded to his indictment, was an undoubted proof that he enjoyed at least a lucid interval at that time, .and the consciousness of th e mischief the blunder buss would commit appe ir al in his knowledge that it would kill a dog. He, therefore; set about t h e cr i me w i t h a co n sc iousness 0 eheeril the engine was capable of dbmniitting, amipertormed an escape afterwards, in the glancing . !lid accomplishment o f w hi c h appear ed a f u ll use o f Power of reasoning. He would now proceed to ley the evidence on the part of the prosecution before the Court. William Burrows said, he was a farmer at Alpur rat.e_ti Middlesex, and had lived t he re f o r th e m o st o f a tswe. He was a neighbour to the prisoner, who was acquainted with the time of the day usual for the Prosecutor to g o to t h e H aymarket. Upon the 30th oMay last, he was proceeding towards the City, to nd the m ar k et , as usual, in a chaise cart. A b lacksmith's shop lay in his tray, newly.erected, and 144 essed by Henry Jones, adjoining the ca na l b r id ge ; , besid e a hedge, adjacent 40 the shop, he perceived sae prisoner, and stopped his horse before him to Teak , to hi m . H e lifted a blunderbuss to his shottl- 6 / 2 d ~ancl, exclaiming d.--n your eyes," instantly !weThe neck, off ftill speed. lie WAS wounded in the and in the back. Na . balls _ere extracted, but sothe were found about his hat. sometime before the attempt happened, he had sorre altercation with the son-in•law of the prisoner, in of s eyience of loppi ng a f ew trees dur i ng the Month March last. No words had ever passed between aim and Bowler on the subject. - • A- 1 ad % 11'1 NO ad• A rtf [lb! On his trots examination by Mr. KraibP, he said that he had a short conversation with the prisoner, upon the Wednesdaif hefOre he was wounded, but nothing passed which could induce him to believe that he seas deranged in his mind. .He-spoke to hiai very well on that occasion. He had observed some slight inttances of derangement in the prisoner's Mind about two years ago, when he was thrown from 4 horse. He lent the prosecutor some money; for which he refused,to receive interest. Henry Jones said, he kept a blacksmith's shop at Alpurton, one hundred- stud • fifty . yards from ther dwelling -house of Bowler His shop was also sixty yards distant from the Grind Junction Canal Bridge. He saw thfpprisoner, on the. Both of May; coming ,along the. Canal side, between Leue• and five in thel morning. A quarter'before sever; he saw him againy the witness wusuccompanying Samttgl Kedney along the bridge, and they met Bowler with a blunderbuss in his hand; and-his gsandson coming behind him on horseback.' Bowler said, this blunderbuss does not hold priming." •. Kedney said," is your fire arms out of order ??' he answered " yes." He turned with Bowler back towards the shop ; he said, " there is nothing, the matter, I am only going to shoot a dog, and I don't want this boy to know it." He laid the blunderbuss behind tl* vice, saying, "it is full cocked." The witness lifted it, and seeing that it was full cocked, said, " this will bring him down." 'the prisoner said," yes, it will," and going out, began to. walk up and down the road, beside the bridge. He turned to his grandson,. saying, " here comes Bur rows, I wish to purchase some stock from Jinn, and his coming w;11 save me a -journey." He went and brought out the blunderbuss, and stationed himself under the shade of an elm• tree, where he seemed to wish to conceal himself from the sight of a person coming along the bridge. Burrows appeared on the bridge, And Bowler put himself in a posture to fire within twenty yards distance. He raised the blun derbuss to his shoulder, exclaiming, " d —n. your eyes," and discharged it at Burrows. The witness came out of the shop, and saw the boy leaping from 'the mare, and Bowler mounting. His hat fell, *he stooped down and picked it up, and putting spurs to his mare, gallopedoff, saying to the boy, " d—n your eyes, follow me." When the shot was discharged, he saw Burrows fall back in his cart, and the horse set off at full speed. The blunderbuss was lett in a ditch, and had the marks of powder-flash in the pan. He had some observations, of little importance, with the prisoner, concerning the state of the weather, be. he attacked Burrows. kie.had seen the prisoner, during the week, going about his business as usuid. He talked coolly and deliberately. Jane Jones, wife to the last witness, corroborated the testimony of her husband. She passed the' prisoner opposite the tree where he had placed himself with the blunderbuss in his hand. She met Burrows on the bridge. She heard the report, and turning round, saw smoke issuing from the .bliniJer suss, and Barrows falling back in his cart. Sne saw Bowler cast his blunderbuss into the ditch, mount his mare, and gallop off as fast as she could carry him. Mary Anne Barnett lived in the neighbourhood of Alpurton ; and upon. the 3Uth of May she JAW the prisoner walking up and down near the bridge. She heard the report of fire-arrni, and looking out of her windotv, saw Burrows fall down in his cart. She next saiv. a toy dismounting from 'a hoise, and Mr; Bowler mounting it and gallop 4. Sbe ran to the road,_ where she picked up a hat and wig, and abullet lying beside them. A ball' hole was in the hat.. , . Robert Warwick, a smith, at Alpurton, on the seemed in a vele , gnod . way, and in a perfect capacity 30th of May, hard a voice crying murder, and rnii- of transacting business. Next day the will was read tringeowalds the place, be saw Mr. Burn , '" corning 1 over in his presence, and Bowler said it was all right, iu his cart at full speed, and his head hanging down. and lie was satisfied. The prisoner went out to bring They stopped the cart, and Mr. Burro said that i in the witnesses. .Nothing appeared in Bowler's beha- Bowler had shot him. He had known Bowler long, 1 viour ;be was so composed and calm that he appear and always considered him, to be perfectly recollected ;ed fully capable of executing the deed. Two weeks and composed. l'before this he had called on the primer, and desired Mary Church, en the 30th of May, heard the re. '; him to take a j tunt in the country;- he said he was port of fire-arms, and saw the smoke arising. .§he 'going ipto Wales, and would call on Mr. Piefold, in was coming towards the bridge, and ar...t llowter gal- :Oxfordshire. Alter the execution of the will, Bowler loping at lull speed. She found a .brunderboss lying treated them with a beverage of currant wine. He on tee side of a ditch, the same which was now lying mixed cheerfully in conversation, and give no indica . before her in the Court. - • ' tions or derangement. Henry Jones•and Burrows proved the identity Henry Kedney, a farmer, at Alpurton, was a sub ,of the leunderbitss and It ,t. The .blundeebuse wee i i,• scribing witness to the will. Bowler appeared at that aunt brass barrell'd one, and very wide ofAie bore ; i • time in a perfecr•state of mind.. He had some con- Witham Shepherd knew Bowler ibi, sonic Years.: versaticn with him on the morning that he shot Bur- He pure' ased dome hay from Bnfeows during the rows. 'Bowler inquired if he was going to market, month of March ; upon Bowler knowing this, he ex- and if he would buy Lord Kinnaird a load of straw ? claimed, " I)—n that Burrows, I'll be the death of ,He said he would; this happened about ten minutes him shotild Ibe hanged for it next week." 'He said, before he shot Burrows. He seemed perfectly calm fur Gon's sake, Bowler, don't take away life that !••and composed. - • you cannot restore again—he said, "He be d—d, but I John Abie, a publican, at Alpurton, had known I'll be the death of him before the middle of June, i the prisoner for 20 years ; he attended as a subscrib though Ibe hanged in a week for it." This conver- ing witness to .the will. He saw Bowler sign the sation happened in the middle of the Haymarket.— ' deed B declaring, when he annexed his seal thereto, He informed Burrows of this, Bowler at that time, ' ahil was his last deed and testament. He appeared had a rough unpruned staff in his hand, and was.' at that time capable of performing so• solemn a deed ; • i seemingly about ho business. - • ,he paid particular regard to the prisoner's behaviour, John eaytmer accompanied several persons on the ' because, about a month before lie lead called upon lint of June to the house of Bowler, and upon entere4 him, an d was i n f orme d t h at h e h a d a s wimming. And ins, he found him sitting in a chair. He took him 'giddiness .in his head. At that e time.popular report into .'custody and searched him, for fear he ' Valled him deranged ; but at the.time the will-was : Amnia be armed. He begged that he might not be ;•Made he would have refrained from puttiagliis name' cairiederom home. He put him into a criaise, and ' telt had he believed him insane. while they were going along, Bowler said, e Now John Kelso, a carpenter at Barrow, witneeeed the: pray do consider my family, and let me come baele will, and was perfectly,assured of the soundness of ' again ; being a relation of Mr. Burrows, you can (To the testator's intellect. • a great deal for me—if you will permit me to come 'Here the case closed on the part of the prosecution.. and live with my daughter and grand-children, I Justice LE BLANC inquired it. Bowler wished to say will give you ten, twenty or thirty thousand pounds." anything for himself; to which he answered he did not. He replied, that he would do what be could for him, Mr. ALLEY, Mr. IiNAPP, and Mr. GultNaY, • then meaning thereby, to bring him where he is. He had proceeded to examine witnesses ou the part of the known him six and thirty years. prisoner. Michael Payne assisted in apprehending the priso- I Mr. Hyon said, he was a surgeon and apothecary, ner—he was for handcuffing him, but on being as- and had been acquainted with Bowler ten or twelve nutted that he had no arms upon him, he desisted, and years. Upon the 9th of July, 1811, he was called to brought him to London. _ .. the prisoner, andfound hile in a complete state of in- W illiam Withers, son-in-law to the prisoner, said, sensibility. He recovered by slow degree!, and a that some little trivial dispute between his father-in- very serious illness after that settled in his head, with ;law and burrows, respecting the lopping of some a great loss of memory. Since that time he has seen trees, had happened. After some communication him frequently, and he thinks he never perfectly re between the parties, Bowler consented to drop the covered his memory, nor of the affection of his head. matter, as trivial. He was so positive a man, that he could not prevail ' 1 la his cross-examination he said, that he had.been upon him to take any medicine. On the 19th of last married to Bowler's daughter for ten years—he re- March he laboured under a serious depression of membered Bowler being taken suddenly with a fit in spirits, and his head seriously affected. He flew into a hayfield, and remaining fur some time in a state of a violent passion when he offered to prescribe for insensibility ; since that time he had known a strange him, and swore that he would not take any thing.-- alteration in his father-in-law's mind ;he talked inco- He called again, by order, on the 30th of March, and herently, and would quarrel without provocation with found him complaining of a pain in= the head, and his servants. Since March last he had grown much that they would take his estate from him. lie desi- i • • I . ^ i-w. worse, his thentofy had forsaken hint, and he be-! Sect hiedtorouse fro itithis depression of spins, but ill - lieved that .he was to lose his testate r by an eitidn.in . still persisted in the notion that his estates were to be , the Exchequer Office, owing to tiome oftysight in .he • taken from hiM. He endeattourecl to console him hi purchase of the Land-Tax—he,cotild .not be con- (,vain: He would admit of no Other ministration sitsi . winced that he had made 2 Prdpei purchase ;he aft t that of a blister His Credibility still continued.-- I' terivards wrote a letter to the witness on the stake 'of .i DOWn froth that period to the day of the fatal event; • his insanity, desiring him to advertise him fora mad-:':heconthiued in a fluctuating state, from lowness of , man in the public papers—this letter was unluCkily Spirits and affection of the heach• • deitroyed. About four months ago he enquired 'hat I- In his cross•examination, he said, that the Pritos `would become of the 'property of a man who des- I nertad lost all his former industry, and for the last troyed himself—he afterwards inquired if the witfless ', nine itibtiths he hasi paid no attention to his business had get a good education, and if he could data& he ! whatrvef 'lt was his opinirin, that his personal would play upon the gridirowto him—hesaid that he safely', front his own hands, *as in danger from that had travelleduhder the Church-yard . 6f Harrow, and 'time. The witness had made application to his re:. had held converiation with persons de a d for forty • laticitts upon .hii state of mind, and they hid a con- yeas ; he would take some-part of his breakfast, and . sultation, Wherein he said, he would see them again . then start tip* and •begin to play at cards without any lin a few iyeeks. He unfortunately never recommen knowledge nf the game—he would breakfast at two . 1 ded catty legal proceedings to restrain his i*rsory. o'clock in the morning, and dine unapt flesh at eight • Eiaraineafrom the Bench.—He said, that the in o'clock, which he would dot permit to remain till It telleee't Of Bowler were never perfectly clear, but at was roasted on thespit—he would thendisposenfhing- certain Cries he possessed them more than at other'. self in bed by two o'clock in the afternoon. Suchl • Dr. Ainsley said, from the symptoms of disease had been his conduct for two months bacic, and he' descrihed, it was difficult for him to pronounce how considered him to be completely deranged. The !far derangeMent intermingled with them-; but insa witness consulted with Mr. Burrows at a coffee-housec, nit, ii-it not unfrequently a part cf the composition , in Oxford-road, concerning taking out aconamissiott lof such diseases. He had called upon the prisoner I .of lunacy against him, to which Burrows agreed, but. since hii confinement, and found him in a state of de the idea was unfcrtunately dropped. Mr. Bowie rangement,Trom false conceptions of past events . one day informed the mitness, that his father was aHe had visited him several times, and his opinion perhaps the strongest man in the 'Ogden, and could was confirmed of his derangement, which was of a i , carry three sacks of beans in his teeth, and half a load calm nature, and seetned to be of e considerable l of beans above them—he believed that stroshine was duration. - -rain, and rain was snow ;he intiarmed the witnesshe Cross-examined.—He said, the insanity was of a. 1 was going to leave the country, and would leave him ; kind that. had calthneis with it upon many subjects ; - and his daughter a sucking pig, ana some hens, and ' bet upon those subjects which had deraneed him, he other property. This openness he considered to be a I became immediately intemperate. He apprehended 4 symptom of derangement, because, when in his right that the derangement had attended him pretty con- senses, he was extremely fond of his property, and in stantly since the fits hie!: he liadin July, 1811: He no way digitised to part with it. I should not conceive that his mind had been perfectly On his re-examination he said, that his father-in- sane, and his memory cornet, for almost a twelve law, in concert with an old man, conducted the farm, imonth. A man in that state would fancy to himself,' which was cisiefly of meadow ; he always considered wrongs, and avenge them upon those persists whom him to be a violent man; he-was in the habit of shay- i he believed to have offended him. He would threaten ing himself; it was only lest that people would I them with his purposes, because he had•no sense of. say, that they had locked up a man to enjoy his pro- I delicacy about him. perty, that prevented him from suing out a statute Examined from the Bench.—He said, the mad of lunacy against him. - man would do 01 that with a sense that he WAS doing William.Wyngley, schoolmaster of Harrow, met wrong. with Bawler at his own house, on the '2Bth of May, Elizabeth Harlon, housakeepei to the prisoner, by appolntment, for the purpose of making some alte- said, that he would play at cards, uncorisiipus of thee rations in his will. Bowler stoid and gave instruc- nature of his game, and was in the' habit of rising tions of what alterat onshe required. He delivered early in the morning, and ordering breakfast imme himselt plainly withotit any embarrassment. These diately, causing hits 'dinner to be peep:ired by eight, instructions were such that he was oblig ed to prepare and nine o'clock in the morning. He CsoulZi cause. a new will. ' He read it over tcrhim, an he appeared- his meat to be served up when not *armed through, perfectly we ll to understand the contents, and appro. and eat heartily of it ; this was not his custom before wed of the whole. This will he sealed up in the pre- the fit which attacked him in July, 1911. We would' sence of the witnesses, and of the testator, by his de- t go out in the rain, and lie .down nn the wet grasi, sire. He. now held that instrument in his lialici. . 1 rermitting himself to be thoroughly drenched. He In his crots-ex tmination, he said that - the prisonet; ! would' sing -ps dins and songs while perfectly sober, about two months before the will was drawn ont, was 1 which lie nn•er did beforeenilfak except when be was in a low state of mind, and aiparently incapable of tipsy. He w o uld 0 -eaten til'town life, and make making his will. The housekeeper objected to draw.; threatening gestureewitti hiStands... - He was anxious ing out the instrument while the trisiiner was in the to leap from the top of ' the Mule, saying he had a condition he was then in. noble advlnta4,on account of ifs height: She had John Foster, a farmer at Harrow, had known Bow- taken a - rope - 'from - 'his* pocket, which he said ler for. thirty years, and had been with him at market, ; he was for ringing a nag with, though he had no and at parish meetings. He %%as present when he ! pigs to ring. On the Thirrsday before lie -shot gave•instructions for preparing a new will two days 1 Burrows, he was In.ich in the IAM3 'manner at .before Burrows was shot. Bowler requested that the he had untillf been; and dsposell. of himself on the Will should be written. -He observed the schoolmas- wet grass. On the Friday he begun to play at cards, ter writing, from his dictation ; and he would not and desired to play - at Al fours, though he w a then permit the saltness to leave the room. At that time he I playing at it: On Saturday ueirhing he ordered his horse for the purpose of riding to LOndon.: He kept the blunderbuss, with which he had shot at Burtows, constantly in the corner of his room.- Cross-examined.—She said, that her masterorderrd the affairs of the farm himself. Examined from the Bench.—She said her master was in bed when the person came to make his will ; she told them so, and awakened her master. Joseph Witlie' s said, that Bowler had been in a very agytAti'd Mate some time ; that he was attacked with the fit in July. A few days before that he shot Burrows, he sow him lying in the rain under a tree in his garden. He said, that he had made a present of a rotten carriage in his garden to Dr. Hj on, Ind he would hang it round with morris bells. He was u the prisoner was not conscious of the words which he had made use of. He saw hint on the `Monday after he was committed to Newgate. He said—. 4 That he had shot his cow, his pig, and But rows; and he would have shot the witness, had he met him." • John Reed, a farmer, and brother-in-lkw to the prisoner, had known him for forty years ; and, lat terly, his deportment was that of a person not ako gether sane. Charlotte Pearce said, that she was servant so Boller, who had been deranged since July, 1811.—. Ile was in the habit of talking incoherently ;—and particularly insi;ted, that he had made a journey. un der ground, to Harrow Church, where be saw and conversed with angels. Upon her cross-examination, by Mr. AnoLtnus, , she said she was not afraid to live with him. he used to scold at:di times, and talked about angels and jump.. ing fiom the house-top. .The meat and other ar•icles of housekeeping were got by his order. He talked frequently of cutting his throat and hanging himself. She pot his razors out of his way, and locked them up in a drawer. He shaved himself about once in every three weeks; there was some person always pre. sent-when be shaved himself; the house•keeper gave him the razors. In answer to a question by the Learned Judge, she said she had seen him shave himself, when they thought he Was at the worst. . NI. Mary Withers,- daughter of the prisoner, stated, that she lived about half a mile fiom her fa: ther's • she-remembered seeing him the 10th of July l ast, he appeared in a senseless state s and cond i nued so until Mr. Hyon relieved hineby letting blood —his mind had been ever since in a diffi.r..nt maw from what it was before . ; he' was in perfect pow*. sion of his understanding before that time, and never in a right state of mind since. When she ea* him afterwards he talked incoherently, of haring hems underground in Harrow and other church-yards. that he had seen people he had known many years ago, who were long since dead, and knew who were happy , and who were otherwise; he got wone every dm I about March last he was very ill, and fearful he should die, he was always apprehensive of lodes his estate. Sometimes be used to wish for a lan. __ be placed against the house, that be aligbeget to die . . . •