The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-07-28 00:00:00

THE IMPUDENT WATCH RODUERY AT WEYMOUTH.

David Drysdale air Jetses Mews pleaded guilty to an
indictment charging trim with burglary, and stealing
three gold watches, two river watches, one gold pencil
CAM% two gold Albert chains, rid three gold neck•chains,
the prsperty of Edward Ririeard (Abbe, at Weymouth,
en
the 4th duly. Jake DDriew pleaded not gully. The
two first-awned prisoners are soldiers in the :14th
Regiment: the latter had been discharged trout the
seement only the previoue day.
Mr. Mureh prosecuted, instructed by Mr. RN. Hirai 4,
and urged that although O'Brien s band was not the hind
that took the jewelry, yet if he were acting in concert
with the others, he was just as guilty as they.
During the hearing, the two young soldiers looked
...tepidly indifferent; but (Aries had • disagreeable oar.
,esetje look, varied by • surly expression.
The evidence has appeared too lately in oor Weymouth
clrizeourtit, for Ms now to repeat it It will be rearm-
that Mr. Giblet pawnbroker air randier, lir a
window in Block House-lane (Pope's parade), whi,•h
trzldry is shown. On the Mint of July 4, ehewe, it he
a smash, found his window broken, and diecorair
moms gold and Aver watches and chars in the street. *
ranter lad named Brine was in St. Mary•etreet, near
2.epe's passage, and saw Drysdale and O'Brien peeping,
one up the street and the other down the lane. H
a sorb and went to Or parade, when he saw Maar run
out, Drysdale and O'Brien walked out • few steps, and
thew ran, se soon as they heard the smash. Afterwards
went to the barracks, and met Drysdale and O'Brien
on WArr: rib bridge, spoke to a policeman. sad be stopped
Thr=e lad, George James Cox, was with Brine, and saw
the same as he.
stmt. Vickery. took. a written atatscnentofOßrtew,
a serious charge, ma
saying. O'Brien first
He sent from the

ca-qtesia

taiii-,
A b•

hltu Yeti t.
careful what

fo masks • ,
wished to ass
N. Dow denied ;
bhp.

--- --
the Sapsrintendast.
' • )a• - +4 Ike +r

was brozht to
- ekarg
be Ilke to make out.
feet that prisoner came
Wore. and went drink-
for a walk, and into
I smashed. He knew it
prisoners in St. Mary.

wag reed to the ei
' the des 1
*- watt

wtDdowYM
the IP'

Wni,
the windt7.
talk Is the
Asap said
wait find

them, I have hid them." Witness afterwards went to
Barrack-lane, and found some chains hid In the earth.
P.C. Bamford also heard the prisoners talk, and told
P.S. A posy, after whirls they went to the entrance of the
Friends burial ground. mil found the property.
The jury found him guilty, and he pleaded guilty to
a T. en ".°" vrer to tvireja judge, Mr. Gibbs said that he had lost
one watch, value sa. all the other property was sale.
Supt. Vickery was called, and said that 0 Mrien's pre:
vion,„ conviction was for stealing a concertina; Magga had
been in custody once for attempting to steal a pair of
boots, and he was then given up to the officers of the

" thought it was no good. " Witness arrested him, and
put him in confinement. He them made a short state-
ment ,• saying " it was all an accident; he thought the
cartridge was no good; and thought the map cap was on
at the time." He was then handed over to the civil
authorities.

Cross-examined: Prisoner was standing by the side of
the deceased. In the cell ho saw blood on his trousers
from the knees downward.
Edwin Fisher Bartlett, surgeon of the 315th Brigade
depot: On the Iftth April last he heard the shut, and went
to the coma, and saw the body of Pearson. Life was gone.
The ball had entered the face and come out at the hack of
the head. Met the prisoner in the paa‘afe, and knew it
was him who had dune it ; he was so agitated a.nd pale.
Asked him what was the matter I He said, "It was floe;
it was quite an accident."

regiusent.
Maggs said he had never been convicted before; it was
the first time.
The Judge: Yes; but the first time is a very bad one.
His Lordship said it would have been better if the previous
conviction had been put into the indictment; he was
obliged to send him to penal servitude for seven years.
Mugs, being the active instrument, was sent to penal
servitude for five years; Drysdale to twelve months ink.
prisonment.
Maggs said, during his lordship's address: I will take
cam it shall not occur again, your lordship.
The Judge: I must take care of that.
THE MURDER OF A SOLDIER AT WEYMOUTH.
Jaws tsalj.e, lit, soldier of the 75th Regiment,
described as well educated, was indicted for the wilful
murder of James Pearson, a comrade, at Weymouth, on
the 19th April Mat The prisoner tripped into the dock
with light step, and firmly pleaded Not Guilty. Mr.
Mr. Collins and Mr. Sullen prosecuted, instructed by Mr.
K. N. Howse' ; Mr. Folkard defended, instructed by Mr.
M. C. Weston. The following jury Ww. sworn —Henry
Burden (Poole) foreman, John Bracher, William Bussed,
Jam, Curtis, Obed Carter, James Ditg.ein, Thomas
Do=rel. William Down. George Edwards, Albert llarris.
Elijah fliwock, timauel Lawrence.
The CAM was commenced immediately after the
adjournment about Z o'clock, and the Court wan crowded
in every part, there being many females in the gallery.
The prisoner came up from below rather jauntily, and at
And smiled a little. He stepped to the front of the dock,
leaned over, and conversed with Mr. Weston, the
solicitor for the defenoe. During this time he smiled
hopefully, and stood very upright when the consultation
was over. Next he glanced furtively around the court,
and his habitual displeased expression came &mho into
his fare, and remained there. When told to object to the
juryman, if he wished when they raise to be sworn, he
cast one glance at then, but took no further notice as
their names were called
_

--liir-e-a-;:in7nod:FrOW his appearance he recognised he
had done it.

Captain George James Lockey, of the 75th regiment, M.
company, soot: Prisoner and decesaed belonged to his
company. The man bad uo right to have anumition—it
woo a military offence ; the cartridges are in metal cases:
and may be affected, he could not say by damp, but by
being immersed in water. He had tried the experiment
and found • wetted cartridge would not go off.
Cress-examined: He put it in fresh water, and could not
say it would be quicker affected by salt-water—it might
be so. If it had been washed over by the SPA, he should
not expect it to go off. He opened the carts idge and found
It full of water ; and the powder liquid.
Supt. Vickery. superintendent of the Weymouth police,
said he went to the barracks on the lath April, and found
Pearson's body there. Picked ups part of the bullet, Part
of a tooth, and a portion of the skull. In the guardroom
he charged prisoner with the offence, and he made no
reply. At the cell he repeated the charge. Fl,lll what
',runner told him he wrote to the A•iylum, and found he
had borne • good character there.
This was the cane; Mr. Collins did not sum up—the facts
spoke for themselves.

Mr. Politer., said it was impossible for him to fibre-else
the fact that in rising to address the jury on this Cale, he
, felt • great deal of anxiety—not on account of the
evidence, or that ho felt it WAX conclusive as against the
prisoner at the far on this charge, but on account of the
very 'serious nature of the charge. The prisoner was
charged with the highest crime known to the law, and if
, their verdict should be one of guilty of murder, that
; young man would assuredly be sentenced Ur die. There-
fore it behoved him (Mr. Folkard) to direct their atten-
tion carefully, and he hoped calinly, to the whole of the
evidence laid before them on behalf of the prosecution.
He must of course admit it was true that the prisoner at
the har, when he took that rifle up, and put that cartridge
in the harrel—if he knew that it would go off, and that
, the probable consequence would be the 'berth of the man
Ithat ea, in front of the rifle, and at whoa' it was Mined
• hen the crime of which prisoner was malty would be
murder. But there was another view in which he should
mis7„enlothreetrzet.;. ttihraetcuw.llusci
conduct of
f the
upon the whole farts
, nsia-
taut with a Ima crime—not of murder but of manslaughter.
It might be that his lordship would tell them that •
person, particularly a moldier, taking a weapon which he
I knew was • dangerous weapon, would be bound to know,
soul would know the results of printing and firing that
weapon, provided that it WWI fairly and preperly loaded
with • cartridge that would go off, and that he was
responsible for his action.. Prisoner, when ho had this
cartridge in his possession, he felt and believed it would
not go off, or that he had no intention to injure the
deceased, and that it was, as prisoner had always said
from first to lest, the result of an accident, then it would
be the duty of the jury at all events to acquit him of the
more serious charge of murder, if not to acquit him also
of the charge of manslaughter. If they should be of
opinion that prisoner's actions aniountmsl to deliberate
carelessness, to that amount of carelessness which •
prudent man ought to avoid, then they would say that this
case was one sir manslaughter. They would hear his
lordship's exposition of the law, they would hear the dis-
tinction between murder and manslaughter in law, and
now let them look at the facts. Murder, as charged in
the indictment, is that the prisoner did of his malice
aforethought, kill and slay the deceased. Ile Asked them
fearlessly, where was the evidence of malice and pre-
meditation, or that the prisoner hal the serenest inten-
tion to injure this DIAL r There liati been no quarrel of
any kind before; they had been on the best of terms, as
the jury heard from the evidence far the prosecution.
Who would believe that the prisoner deliberately and of
malice took the life of this man? It might Ire his lord-
ship would tell them malice may be implied in roma cases
where • man recklessly maks.s use of a dangerous weapon,
knowing the sonsaquences that must ensue. Mit he
ventured to submit to them that this was not the case
here. What had been the whole history of the prisoner?
Here was a man only IS years of age ; four j ears ago he
Joined the service, and he had been in the service ever
since, lie came from an orphan school at Chelsea; he
was on good terms with all his comrades, and particularly
so with the deceased man. Moreover, on the morning of
this occurrence, a few minutox or hours before, the de-
ceased man hail done him an act of kindness IT washing
up some of the tins which it was the primmer s duty to
have done. Deceased was in the habit of doing this, and
was in the habit of iluing other little acts of kindless's.
Why then should the prisoner take his Wet The prisoner
bad already expressed his -coat regret for this lamentable
occurrence, and he desirod'to-day, through his counsel, to
express again his deep regret for this lamentable accident,
whereby this poor man last his life in the manner detailed
by Llic will:execs for the prosecution. Why, if the
prisoner intended to kill the deceased, intended to shoot
him dead on the spit, without a moment's irrelearation, it
was really one of the most diabolical acts it was possible
to conceive el If he did intend to take his life, then this
CYO was one in which they must find a venlict of wilful
runnier. But surely they wsoild pause and euesider lung
before they would consign that man to the gallows on such
evidence as this. Let them now tease the evidence. Here
was a fatigue party, working behind the butts on the
coast, and nearly three feet underground they torn up a
rusty old cartridge, which lie sherdsl ask his lordship to
ploas before them to look at. Although it had now teen
scraped and the dust blown away, for the pureed.: of get-
ting it into the rifle, yet Clall now it was corroded with
rust, and if either of the jury had pieked up the cartrisle
in the state it was now, he could not help thinking they
I would have thrown it away as IlaplaSa, and said it winds'
not go off. What was the opinion of the men on the
fatigue party? The cartridge was turned up from three
feet underground, it hail been underground for weeks or
months, ierhape years (probably not the latter time, but
only a few weeks or months), and they one ansl all said
" It is no use," and one of them, Keenan, said he would
not mind standing 15 yards in front of it for Ilk. After
that, what could have been the opinion of all present ?
Whelk they found the cartridge this was said, and they
must all have supposed, mid they dish sukmose, that it was
of no use. The prisoner took it and said "It will do for
tire when I am out at practice," or something of that kind,
I and afterwanb„ when he got into the barracks, and has
been carrying it about for some time, he says "It will be
I. a pill for someloly." Of course that was said in • joking
way; he never seriously intended it, for the evidence was
, that one of the fatigue party said he would stand in front
of it for 10. The prisoner had it in his pocket and lied
carried it about front time to tissue, and all his comrades
knew he haul it, and although of course it was against the
discipline of the soldiers in the army to have a cartridge
or any aiumunition (and undoubtedly this was a very proper
regulation), yet this could not in fairly called ammunition.
Could it be said that any sergeantinajor, or any person
who served out ammunition, would have considered such
a cartridge ail this OA ammunition / Would he not, if he
came into possession ef such a cartridge, have thrown it
away much • thing as that would be discarded from the
vary name of ammunition tit to be used by &soldier. Then
as to the actual occurrence, was there any sign of nialice
or anger The prisoner came into No. 11 moot and several
were there skylarking and among them the dace...ed. It
seemed the deasesed had dipped a mop into the
water for drinking, and had sprinkled it about over
the others; hut he disl not sprinkle any over the
prisoner, nor was there anything done to cause him the
least annoyance. The decesacsi was • wrestler, and he
Polkard) supposed that in wrestling they did some-
times get the skin kicked off their shins, and it might he
slang expression that they would take the hark off. The
Jury must regard it in that light, as mad all thole who
heard it in the barrack room. Well, prisoner came in and
sat down. ansi began toss. the ribbons on his Glengarry.
Next he went to the bucket, and found the water dirtied,
He asked who slid it, and Pearson owned it at once, and
said "I will go and fetch more." The prisoner showed no
sign of anger: he did not swear at deceased, or WIC any
led language or any kind of threat, and indeed there was
no evidence of any threat being used in the whole course
of this affair. The jury had had called before them almost
every person who was in that harrack room, and very
properly so, in order that they might state everything
that had occurred, because a small circumstance in a case
of this kind might become of importauce Thus every-
thing that had occurred hail been spoken to by the
witnesses, as far as they could recollect. And what disi
they prove? That though the prisoner knew the deceased
was the WWI who made the water dirty. they were
discoureing in the moat friendly =neer. The deceased
went over and sat down on the prisoner's bed, yet not an
angry word is heard to escape from the lips of the prisoner.
There is a little discussion about taking the bark off their
shins; but this was all about ...resettling that had taken
place before the priscmer entered the barrack realm.
Deccesell sat on the bed and talked to the prisoner, and
afterwards went off to the wioduw. The prisoner, having
sewn the ribbons on his cap, went and put away his
needle. Whether he then felt the cartridge and
so was reminded of it, was not certain, but
he then no doubt very foolishly took up • rifle
and attempted to thrust the cartridge into the rifle.
He could not get it in, for it was in such a state that he
had to scrape the rust off first, and then he got it in.
Would the jury believe that he then had it in contempla-
tion to take the life of Pearson, the Man who had been
sitting sir the bed just before,—the Mall with whom lie
had had no quarrel? Why ! what possible motive had lie
for taking away the life of Pearson f Mr. Fulkard put it
to the Jun again- -what possible motive could he have
had? Had he even the smallest intention of injuring
him I Ile believed not the least nut he put this
cartridge into the rifle and clown, the gun. Sergeant Gas.
England said the prisoner did not know the cartridge was
any good, and that the snap-cap was on the nipple---
the Judge .• No, that was not what he said, lie said the
prisoner stated that he thought res.
- -

Mr. Collins. who was assisted by Mr. Ilullen, very
solemnly opened the ease sketching the facts of the case.
Prisoner is thin in build, deeply pock•marked, especially
on the norie-tip, his eyes are grey inclining to bine, eye-
brows rather thin, hair • brown of middle shade, carefully
brushed up from hi, forehead and away frail his face.
His complexion is fair enough to show a colour which
repeatedly tinted his whole face. His mouth is small,
cleanly cut, and his lips were generally firmly elated. Ile
occasionally suddenly touched and called the attention of
Mr. Vats, who stood behind Mr. Wt./don, and
made some remark to him. Prisoner's erect
gait continued ; but after the first witness had given
evidence, prisoner relaxed his strain to the full height, at
which he stood before, and appearod to shrink an inch Or
or so in height; but he stood well clear of the dock, till
the witness Barnes described the loading of the rifle, and
then prisoner clenched his hands with the thumbs turned
inside, and appeared to press them on the dock; they
were livid in hue. At the instant when Barnes uttered
the words "Pearson fell dead: the prisoner cast a hasty
glance at the jury; but almost instantly set his "eyes
front," looking at the Judge. The difference between
prisoner's attitude and that of the juvenile soldier
witrusees was noticeable' they clasped the rail in front of
the witness lax with both hands, and leant forward, he
stood clear, with his hands hanging down by his side,
except when he gave a hasty stroke to his leg, weary with
standing so long, iir placed his hands, clenched with the
thumb inside on the dock rail for • second, and hastily
removed them. Ile wore the uniform (rather soiled) of •
private of the 75th regiment, and his hands bore several
tattoo marks. In the dock Imelda the prisoner were Mr.
Bawler, Deputy Governor, and four officials. As the
afternoon passed on, a few more people came in, the heat
increased, and two or three men in the gallery went off to
sleep; but there was afterwards • little stir, at which the
prisoner turned quite round, and looked full at the
gallery for an instant. When the rifle was produced,
prisoner arose from his apparent indifference, and
frequently made remark* to his counsel.
The following was the evidence—
Thomas Carter: I am a private in the 75th Regiment
stationed at Weymouth. Prisoner was • comrade. On
' 17th of March was on the Chesil beach, shovelling
pebbles behind one the butts. While so doing I found •
ball cartridge. It was very dirty and damp, the cap was
rusty, and the paper was off the case. Prisoner weathers.
It was passed from one to another; all looked at it, Pit-
eater said "Let me see it," and afterwards " I'll put it in
nay pocket to keep it and let it get dry, and will ore it
when the company tire to see if it is any good." They all
I told him they didn't think it was any use: but they
shouldn't like to stand in front of it; and he said be
thouldal like to stand 100 yards in front of it. Ile put it
in his pocket, and witness saw no more of it.
Cross-examined : A loan named Gamble was not there;
but an old soldier of the regiment, named Keenan was
there. Had never been present when Gamble had looked
at it.. Keenan, one of the soldiers, amid he would stand
in front of one of the (moors's of the Wilt at 15 yards
ilistuice for 10 shilling.. They all came to the conclusion
that it was no good. Witness said the cartridge turned
up from amongst the shingle ; it was two or three feet
deep; wet as well as rusty.
Re-esamined: It MIS Corporal Wood Keenan referred
to.
John Barnes, another private, deposed: With prisoner,
iieceasal and another comrade occupied No. 11 in the
barracks. On Sunday, the 13th April, he and Pearson
end other men were in the barrack rootn. Before the prl-
owner CAIIIO they were "skylarking" with each other. A
bucket of water is kept there for them to drink out of if
they choose. During the time they were skylarking pri-
eoner came in; witness believed from the library. He
went to his cot, and began to sew his ribbons on his
glengarry. He didn't tinith, but went to lota drink from
the bucket; but before then Pearson had dipped a mop
in it, Prisoner said "Who has done this r' Pearson laid
"I did," and he would fetch some more. Prisoner went
lack to his l'Ot, which was about bar yards front the I
bucket, Pearson went to him. Witness only heard
Pearson lay something about kicking the hark from his
shins. Peareou then went to the window, whieh was
about three yards from prisoner's cot. In the skylarking
Pearson had kicked 1101110 of the lark from One of the
men's shina Pearson was standing half-face looking out
of the window. The rifles were kept in the same room,
• yard-and-a.half from prisoner's cut. There was a rack
for each man's rifle. They were nit allowed to have
ttttt iunition but their duty was to give up all they hal
left. After going tiring they were searched, everything
was taken away, and the rifles were examined to MCC they
were not loaded. Saw prisoner take a rifle from the rack;
not his own: put his band to his breast and pull the
cartridge out, and put it into the breech of the rifle, •
" breech-hailer." Pearson, he did not think, could not
see what Mealye was doing ; prisoner came to the present,
saying " I'll take the lark elf you." Pearson said "You
are not game." There was about a yard and a half
distance from the muzzle to decimeters tar.- and (taking
aim) he fired. Pearson fell of course, the hall striking
him on the upper lip, immediately below the noetrUs.
Witness ran ant fetched the sergeant of the guard, and
on aiming back met prisoner on the stairs in custody.
Did not hear prisoner say anything after he had tired.
Had seen prisoner with a cartridge • fortnight before:
and he mid it would do for some one who might break
out of barracks.
.

Cross-examined : They were skylarking—five or six of
them. Deceased did not sit beside him when prisoner
went first to his cot—it was after Mealye went for a drink.
They appeared to be talking in fnendly way--" they
Ilicrnt seem out of friends, noway." Pearson told prisoner
about the joking of taking the bark off their shius—they
were laughing and joking about it. Had heard Pearson
tell some of the men about wrestling in Lancashire, and
the talk was of a joking character. Did not know bow
long prisoner had been in the regiment; but had been In
it himself eight months. Deceased and prisoner had been
MI good terms ; he had said they were on the host of
terms, and he had never seen them quarrel Deceased
occasionally assisted prisoner in his work as an act of
kindness, and had done so on the moming of the occur-
rence, haring washed uti tome cans it was Mealye's duty
to have done. Couldn t say it was very well known that
prisoner had the cartridge. Knew Gamble, but he was
not in the regiment. There was a rack for each wan 's
rifle; and prisoner's rifle was in the room behind Ids own
cot. Did not use to put his rifle in the stand—Corporal
Mansfield put his there. Witness thought him jolting
when he spoke to Pearson about taking the lark off him.
He didn't appear to be speaking angrily. Had seen
soldiers take up a rifle and present at one another: had
done no himself, . . . . . . .

The Judge: But you don't put ball cartridge in. That
wax a falie point, Mr. Folkard,
Edward Mahoney: Occupied No. 11, where Pearson
was. I was lying on my cot on the Sunday afternoon.
Prisoner was in the room, lie will sitting on his leel,
sewing rihbens on his cap. Did not see him go to the
Wicket- Saw him get off his hod, and go to the +lmmure
and take • ride out Ile held it in Ms left hand, and put
his right us his serge pocket. Ile then presented the rifle,
but witness was not in • imeition to see him put anything
into it He heard the report, and saw Pearson fall; but
heard nothing pass between them previously. I got off
my bed, and ran towanis Pearson. I hoard prisoner say
"Oh "" as I was running out of the door, and go towards
deceased. The previous week had seen • cartridge in
prisoner's hand, showing it about
Croeset.unined: He showed it openly.
Joseph Asher said Pearson put the mop into the water.
Afterwards prisoner went to get a drink and asked 'who
did this?" Pearson said " did, and I'll get some more.'
Prisoner went to his not ; awl Pearson to the window
Witness wan at the tote of the room, and prisoner and
deceased were there also. When Pearson went to the
window prisoner got up from his cot and fetched • rifle.
He came to the "ready position " and Moiled it, taking
the cartridge from his packet, he opened the breech and ,
tried to put in the cartridge, which would not go in at I
first the rim being so rusty. He scraped it off, and blew 1
the dust out He cloresi the breech and then came to the
" present" As he was loading it Pearson wax looking
out of the window, but faced him, aid said "You are ,
, not game," prisoner having threatened to take the bark ,
off him. They were about a yard and-a-half apart, He
fired and Pearson fell. After tiring Harare let the ride !
fall out of his hand. saying, "IA " my God, I have killed
him." Went up to him, and took hold of him.
the Judge : Deceased fell on his hack.
Witness continued Ile said, "Jim. get up. When he
Wand Le wan dead he picked the rifle up, opened the
breech end extracted the cartridge. Witness remained
in the room. Believe* prisoner put the cartridge in the
ride amain.
Rev-examined: The prisoner took the cartridge out, and
put it in wain. Deceased had been sprinkling water
nhollit the room With the mop, but noun avor prisoner
Didn't recollect whether It Wag before or after, ?mason ,
sat on prisoner's bed. They were talking in a friseully
way. Primmer had nothing to do with the mowing.
Leading the rifle took about one minute. Did not
isAwfwe to prevent him loading, because he did not think
he woo spiel( to tire. Had he known he was ping to do
so, be should Lave done so. Did not we him put on
snap-cap, It did lusppen that Nellie of them would go off
very easy--drop all front a jar," but could net say that it
did not fall off. Had been t, regintent nine months ;
anti had never Peen IWhiotlelf and gewil quarrelling. but
did not stay in the MM U villa tti.l4l- Pnsoner
dropped the ride after Pearson fell, as if by trigkit, ind
appeared rather sorry. lie said 'Oh God I have done a
and was the first to take hold of him, and endeavoured to
,gaist him. Didn't sect him go down on his knee. KM
that ilpiat,b:siwere covered with blood. Never offered to
ambit 'w to ut the cartridge in. Mr. Folkwd saiil he had
miss*. his Instructions—did deceased do so
Wither : No,
. . .

•
Mr. Folkard thanked his lordship, and proceeded to say
the cartridge was • rusty one, dug up from • depth of
three feet, and prisoner stated to the witness that he
thought it would not go Qlf and that the ensp-Clip Mse on
the nipple. It might have been very foolesh and very
indiscreet to point a gem nherher levied or not, at any
living creature. ha all knew whet dangerous weapons all
guns were, whether rides, or those used for sporting
swear that that But
snap-cap (41e.pthweaswnita"ot on6;hweQnujitpulendearr Let'
posing it was on, and supposing it fell off, that would
account for the ride going off, when the trigger was
pulled. The cartrid= was considered to be a useless one,
and it now occurred to ask how that cartridge came to be
•Iromsal. 00 AA SO be afterwards burial in the shingle
%Vas it one that had missed iire, and so was thrown away.
asheingofnouaet If it were a good ball cartridge the
soldiers would not throw it away ;
els _1,1,604 it
weee that had missed tire. Mr. Folicard left
that suggestion to the jury, and continued that,
the prisoner having put this cartridge, sumeesed
to be useless. Into the rifle, foolishly levelly.' iL at thia
unfortunate man and tired. What was then his conduct,
when lie found that this worthless sartridge had actually
gone off Ile was in such a state of tenor and segret that
in fright and alarm he let the rifle fall from hi. hand. If
he had for one moment supposed the rifle would have gone
off, what would have been hi. conduct f The rifle would
not have fallen so impulsively from his hand, sail by a
sudden impulse. What was prisoner's first expression
"Oh I have done it r He turned pale with alarm
and (sight, mut stretched out his hand instantly to assist
the deceased, end cried "Get on Jim !" He did assist
him, and In dome so, he gct. the blood moon his trousers
Wee that the emeuet of • lean who eit.W intentionally
or recklessly intended to kill another I Wee it not rather
the conduet of • man overwhelmed with surprise and
regret to find that that rusty old cartridge should have
I actually sone off, although one of his comrades had said
he would not mind standing before it at IS yards Mr.
Folkard
found w....itbc case .dverynit.wrii:l,coydes;:redthd ed:juirytl.thtri!tttiFethcartrp:7i!r.r.ige,....wThhoeii
biesTa rasie4 on Irons one to the other and they all
told the prisoner that they did not think it WAS any use.
True,_ he himself said he should not like to stand before
It at 100 yards off,but there It nu, covered with nest, and
his intention was to use it when they were out practising.
so he took it and put it in his pocket, he said it would get
dry, ant he would see if it was any good. All the
witnesses said that the deceased and prisoner were on
good terms. What the deceased could have meant by the
observation when the rifle was levelled at him—" You are
not game,' Mr. Folksrd did not quite understand; it was
for the Jury to am whether Ls did not mean • I know you
won't harm me. Then there was the slang observation
by the Prisoner about taking the bark off ; but Barnes and
all the witnesses said they were on the best of terms.
Wag this a case where they could fairly say the prisoner
was guilty of the charge of wilful murder! He thought
not, though there might be such an amount of careleloreas
as might make prisoner guilty of manslaughter. But,
further, if there were no carelessness, anti they con-
'Awed it was a purely accidental homicide, then it would

, elm —. wont. ....a in favour as. Vic pris•iner,
he asked them to give hiiu the advantage of it, for he hail
noticed the care anal atteothiss which they his I paid ti
the case. He was cure it would he their pleasure, if they
could do so, to let the prisoner go free from that dock.
and say he was not guilty of any charge whatever. Of
course one hail sympathy for the pour ileeieuel 111140, who,
without any warning, was so suddenly deprived of life :
but he could not believe the poor young man standing
there would willingly have injured him in the entail.'
degree; but that lie would give worlils, even lass own
existence, to recall the life of that pour 1111411.
Prisoner was here visibly affected, and la is eyes -glistened
with tears, though none fell, and he maintained to some
extents courageous mien.
Mr. Folkard said he must leave the case entirely to the
Jury. He felt eontiiient they would remember the evi-
dence kindly given by Captain Iseckey, that he tried one
of the cartridges after laying it in water, and it would
net go out. He was asked slit was salt water, for Mr.
Folkard could not help thinking that salt water would
have greater effect in rusting a cartridge than fresh water,
but even with fresh water it would not g.i off. It dial not
appear the fatal cartridge was in the salt water, yet it
was laid in the leach, buried ilecp in the shingle, and of
ceurse there was a natural moisture which would
permeate wherever this cartridge was picked up. Not-
withstanding the little observation the prisoner made—
that he would not like to stand before the cartridge, yet,
having taken the precaution to put the enagecap 011 the
nipple, he felt he was perfectly safe- He really felt he
was almost wearying the jury; but the serious nature of
the charge and its possible consols:ences to the prisoner.
must be his excuse for having addressed them at so great
length. He unlit now leave the nue to them the).
must .se aware of the isairue:i ie impisrtance to the primmer
—it was a case of life or death, for the prisoner's life
rested with Use jury, and was in their hands. Ile thanked
them for the attention they bail paid, and after booms
the careful remarks en the es Memo; to be made lay Mil
lordship, he was sure they would return a just aud
righteous verdict.
During Mr. Folkard's address, at times, the prisoner
appeared to shrink under the charge, anal his Mee
occasionally became flushed, and the museles worked.
During the summing op he looked furtively at the judge
and seemed to watch and weigh every poin , t urged .or or
against hint, with evident attention, especially those likely
ta reduce the crime to manelaughter.
The Judge, addressing the jury, sithl they were 0031
called upon to perform oae of the moist serious anal mimosa
duties that ever they might Ise called upon for in their
life. They hail to perforns that duty bessause 0; their
position in the world, 1001 1130.3114 C they had sworn to per-
form it, and if they failed to do so, then they woul.l have
taken a false oath. Their duty requirod of them te act
with courasp:, and that part which did so re juire I them
to throw aside once anal for all argiamente which ought
never to have been used. They had been feta that if they
found the primmer guilty, he would surely he execistel
The learned counsel WllO sail that, could not anal dial net
know that would be so. The r.ponailiility of carrying
out the assistance did not Is,, with him, and it slid not lie
with the jury. It had been said that the prisoner's life
rested in their hands ; lint it did not, unless they were
prepared to forfeit their honour, mid to break their oath.
The responsibility did not lie wills them ; they hal nothing
to 110 Wall it; all they hail to do was to answer the 11304.
tient which he Amid put to thesis, as they really and
honestly believed to be true ; hut for the sentence id the
law they were not in the least degree irtespensible. The
prisoner was charged with Use cruise of wilful murder,
and if in answer to the questions he (the judge) should
put, they believed that the true answer required them to
say that they believed prisoner was guilty of wilful
monies.% then they were bound te. anal must, any vs. .Ind
supposing, its answer to other questions, they could say he
was guilty of toanslai,mhter, if they could say the deatli
was the result of wica.s.l negligence, they insist .y no.
It might be asked whether prisoner intended to slim bodily
ham, hut in this r 340 when a man presented a loaded rifle
at the heal of :neither man within it yanhatelffialf of the
muzzle of that rill." it Was iMI/010111110 to say he intended
to do grunions leslily harm, and net to say he was guilty
of loonier, for, if a man, awl partieularly a man accus-
tomed to arms as the prisoner, presents a loaded rifle at the
head of another man, it is impossible to believe he intended
to dogreviousboilily harm without betieviug heal-c intend-
ed to kill. If be ahiat, it signifies not whether there was
previous malice or whether it was done on the spur of Use
moment If, considering hinuelf o;4:Tiered or insulted.
he came to the determination to kill the man, lie was
guilty of murder, for the 111311 had given bins no provoca-
tion at all, no saffieiently reamnable provocation to reduce
the man's crime Iselow that itf murder, if he redly
Mtereled to kill. 'The sole question before the jury was
"Did he intend to kill the slant" If this bad beea is case
of an ordinary cartridge, loaled into the rifle in the way
this man did, it would have been impossible for say man
to have said anything but that prisoner intended to kill
but there were circumstances which required considera-
tion. If the Jury thought he intended to kill the man,
then he was guilty of murder, and they t say so.
Then came another emestion If a person using a
dangerous weapon uses it uniatentionally, but yet with
such negligence awl carelessness that he is reckless of
what may be the consequences, then such a negligeat use
lea wicked use, anal if the jury believed that prisoner
thus uses( the gun, then they must believe he was guilty
of manslaughter. They could only acquit him altogether
if they believed that then: WAS no wicked negligence.
But to say that this was a mere accident seemed to the
Judge impossible. If a min goes olf without a person
pulling the trigger, or if he his taken 601110 trouble to
discover whether it was lisailed or not, anal if he has
reasonably COllle to the conclusion that it was not howled
and then he fired it in the direction of the person killed,
that may Ise end to be an accident, though it Is vury
doubtful, if a person points a gun straight at another and
the other is killed, whether that as an accident, But here
-is dial not take 0

prisoner t. take the gun ac;;;n7and T:a7ninViCile
did not even point it at the deceased at once after trying
to discover whether it was loaded or not, he did not even
take it down without enquiry; but he himself loaded the
gun, then he presented it at the inan's head, and pulled
the trigger. That it wivi a rash and negligent art omhi not
doubted;ic and presently the jury inust consider
whether this was not at least wicked negligence. Then,
as to whether he did not intend to kill the man. It was
a fact against him on tho great charge of murder, that
there was soluethirui which to a sulky or ill-tempered
mind, might give °Renee. The water which wai there
for him and others to drink hod been made dirty, and
that was the only suggestion which could get into one's
mind as to that. That which was against the prisoner
was this :—When the cartridge was found, those around
him were of opinion that it was of no use, Wai •
spoiled cartridge, but the prisoner took it and kept it in
his pocket for three weeloi. He used an expression that
showed he doubted whether the cartridge was not a
Useful one; but his keeping it showed that lie did not con-
sider it entirely useless; the great fact was that he did
..

not throw it AWAY, but kept it. When he came to use it
on that fatal Sunday, what did he do! lie took down the
rifle, opened the breech. and put in this cartridge. Could
he have done that if he believed the cartridge to be of no
use I Ile put the cartridge into the ride. brought the ride
to the" present :" but before doing NO he used this expres-
sion, an exprewsion not apparently in anger, **Now ill
bark you, then, looking straight at the face, he
fired straight at the man's face. It had been suggeotwl
that he had put the snap-cap on; but it seemed ininnwolge
that he could have dolls no; because a sergeant tried the
rifle 25 times with the snap-cap on, and it would not .go
off. It had been suggested that sometimes these rifles
would go off with the snap-cap on,if the leather was worn
out, but the leather was not worn out in this case. There-
fore the snap-cap was not on ; the cartridge was not use-
less. It was in favour of the man that up to the time
prisoner had no quarrel with deceased. They had also the
fact that ahout this cartridge was something which made
other people doubt whether it would go off, and there wag
the expression after the dermsed was killed "Oh 1..1
I've done it?' That was capable of the conetruction " I
have done that which I meant to de;" hut it also might
mean "I have done that which I did note:pia:L.* Against
the false argument advanced by counsel they were lemnd
to he courainmus ; but they were also entitle' and bound
to be careful, and where a sentence was fairly capable of
tem interpretations, a severe one, and a merciful or
Indulgent one, it wan in accordance with the law of Eng-
land that a jury should take the indulgent interpretation.
However dangerous, however wrong, however guilty
primuer Mai in what he h.h if they were not 'menet:idol
he intended to kill, if they honestly dill not believe so,
then it was their duty not to refer.' a verdict of 1111 l nler.
Did prisoner intend to frighten or insult Pearson without
nwohlering whether the cartridge would go off I Dr not, or
taking the chance : In ouch a ease ai that it would he
culpable and wicked negligeteo:., and the verdict would he
of manslaughter. Then was at a mere accident or pro-
duced by eulpaide and wicket negligence I If one were
running by the funks of a river carelessly awl hushed
some one by ...doing into the river end they were drowned.
Pbat would lie not wick.sl negligence, but an accident.
hut when in Itangenolls weapon as a ride was used, awl he
doubted whether the cartridge mould go off or not, did
they think he was entitle." to put the cartridge
into the rifle? Did they think that having done
no he was entitled to point the rifle Or, hay.
having done that, to pull the trigger? No, in such a case,
although he might not intend to kill, it would he a ease of
wicked negligence, and the verdict would tue man-
daughter. Ills lordship then went through the evidence.
The experiment of Capt. LeTkev, he termed; unsatisfactory
;_nuae Capts Luckey s cartridge was immersed in the
water, and AIN because the experiment was only tried
with one cartridge. As to Keenan saying he would stand
before the cartridge at 15 yards for les., that was, lila
lordship thought, only if Corporal Moody, of the
fired, awl was more a doubt of Corporal dloody's skill
than of the cartridge. The prisoner's expreesiou showed
he did not believe the cartridge to be useless, and his
actions in the barrack to— • -• • • - -

. --
Re-examined : These ye, blood on the floor. The snap.
cap is attached to the rile by e chain, and goes over the
nip
iauel Jerrard,coloureerpant mut usa,ketry Instructor
of the Mnb Brigade det, said men of the MR Regiment
were under him. Prisoner's season of firing ceased fin
February, and would have recommenced in July; he
should have no amunittion by him. On the Sunday in
question ha we. sent for, and saw prisoner in the
Heard him "It Is an accident." The merman=
handed witness the cartridge case. Want into the room,
and found Pearson lying dud; with a rifle which had been
lately used. Saw prisoner alter Le w,p in custody
taking
his ten Supt. Vickery was there. Had sil&Ce Sitalll
to fire the same rifle with the map-cap on, and had tried
15 times but could not do so. Prisoner joined the regimen
on the 90th February Ig7o—four years ago.
Cross-examined : Prisoner was in the same regiment as
witneen Did not know that ho was an within. He was
educated at the Duke of York's school, and came direct
Irons there to the regiment. Had conducted himmlf
" fair." Had been charged with violence, knocking •MD
over a form, In March last.
George England, meneent of the guard, said on the
Sunday in t.uerntioo,bearlssga report of arms he went to No.
11 room. Pearson was lying dead, prisoner standing dose
to him. Asked "Who hoe done thla r Prisoner said
"It was me ;" and headed him the old auirige, laying he

a-

room slrowed that lie acted with
great deliberation. After the man had been shot his
expressions would bear two interim:tat s, also lib' taking
out the empty cartridge thae, he might have Lixen
the latter in surprise, to 110 e how it had gone ~rf. His
dropping the rifle awl his alarm might be in ilia favour ;
but he only aplastred rather 'sorry ; he was not in that
~t3te of grief thot might have been expected, and his
stating it Mal an accident was not of much weight, an the
wan wag dead then. awl he had to account for what had '
been done. Hia lordship rather blamed the suggestions
that either one of the witnesses or Pearson himself had
ambito,' to put the cartridge into the ride, awl maid that
for these suggestions", which seemed to come at the last
moment from some person, there was no groun'L 11121
lordthip told the jury if they believed prisoner really I
meant to kill the man, although there was no sufficient
motive, as, indeed there really could never be a sufficient • motive, they would find him guilty of murder; if they
thought ha had nut conic to the conclusion that the

not ruquire

b0,t°11)).4.. ihe.Aknimt. he dealt
only
with
th'
cvi.
prose.,.bitg:,. I,:tieeio:n:t.,..fialloy,fr'ulltheiheotkii°ll 1
.. d
t. ,
ii in:tel -
be their duty to say he was not guilty either of the crime eartridre would go off., and yet deliberately fired it with- flutes, before, and that he was out at Michaelmas of a Mr. John Hood, the gaol surgeon, who said-I lia
.01 murder
made, the
thinanslauge
priwwiheterwieidFi rot
win..thzititwipaeuthiw_ce eileweeirte; oit.ut
they
ymimninusgt to see
hiffmit
dnwicirllitiyd.evcd.raf tmlislangthieigt.hhtheirb:wnTletdif
t7,7d)intsidol,,,,lb:t..,t
iopi,riainfial,ut
valued by helby,difortv,erßisotalchar4acrailAdy.f.-dr.:.::i7ailli
..IwPriat.::?.l:7ww,therhtii::::::::if:::editirrser,brf:dflignriancuth:btetitutiit..ktthitiu,....,,ndeteoklint.Uo:ll,an,:iiiiklinee,ncr:e:thi.t3,;:h.liit,ioe,:sioinl:::..,,hi!lolm:iiiiw.:u.=..stath,Ty.7.le.
did not rest with the As the defendant was not to be caught
eetorentigi:;gtnltaioe
:111,,,iieke:etiwy,:iiialuilliddiargleeibe.:ohreis
:::::,1.,.
hileche wme7elebirrlaenwa:e but that of wilfurinunie--r,
Pie' "fin tejt:rearYthtleOio:f :rt"1:1:::::•frithi".i"forP1 riej:,-
he said so to the first person to whom :he spoke and ho meet say what they really
ay .
I:rellnt:th..)wi...r.fai:k.:yethe.nwe had always adhered to that statement, and hail never sati ;fy their cor.sciencee, and must not trouble themselves the amount.
varied from it, and through him (Mr. Folkland) he declered als.nt the sentence for that really
again that it wee quite the result of an evident If it jury. evidence the Plaintiff required, Mr. Cole consented to a Mr. Norris then add/meet the • •
iaumil. eMleavourel to sneer from
and lawfully ' a
was such an accident, the jury c culd not tin I hint guilty. The Foreman ached to nee the cartridge case. non-unit.
'toner was..nuti pi' i—lty
There Was a case in a look of very high atitheritY, the Ille Isenlehip mid the jury should see if they likes! ; but Plaintiff non-suited accordingly.
173 ,
comiidenitiy,-„s.
Loothekline:hrucii.iii,iie.if.en6ianid.
nearest he could find to this ease, though in many respects it eceined impossible it couhl be in the state it was before The court rose shortly after one o'clock,
very different-
The Judge: Are you going, Mr. Folkani. to quote in wita'sr,towtiru'evie.ro, rhathandetriitteCaUntied jbeuryeffumr
iniischpehAlip.;.. The case othinerth7ovisil ItuniTheinuueseu
au
Lord
Chief
Judie. w
...bi.uiliguruit tiittra,t,,,,,,fthut:e Cr might reasonahlymi
r the evidence kid before them, he felt
order to establish a principle of lace? Becalm if you are Thee retired just before twenty minutes lost five, and , his home at Otter), St. Mary.
ridiculous to suggest that the blew was the
going to quote, to *how that the facts are like this one, it at twenty minutes to six they returned.,
.the fonc, man :
U net lawful. immediately announcing the verdict "Guilty of - .
CROWN COURT, WIDNESDAY.
Mr. Folkard : It is one of taking up a rusty pistol, your stile:liter."
lordship. I was going to quote it to show it is similar. The prisoner was asked if he had anything to say why I (Before Mr. Justice Bann.) - idle re ecr. to the
The Judge: Then it is not lawful, sentene should not be feissee ; but he preserved silence
TIIE POWERSTOCK MURDER WITH A SCrTHE.
ino...thint,:.nd.w,,.roiuhrlfer:i.rl:riAundffile
Mr. Folkani submitted, and continues! that he felt sure alnioet without noticing the question.
the twelve jurymen having charge of tide man's life, . The Judge said: As long as it was necessary to consider I
must arrive at the conclusion that under the circum- what the verdict should be, it waa right that all of us
counsel for the
Thema. Legg, 18, labourer. WAS indicted for the wilful . •
murder of Militant' Cousins, at rowerstock, on the 10th
; ut before them temperately
hut were unduly strained ; lint in this ine
stances, prisoner was not guilty, end if they could do 80, ' should put the newt favourahle interpretation on the of June but-Mr. Millen WAS the counsel for the prose- result of an accident Had he den° ec, he shout.' feel
ium.un wUvely,
he felt sure they would, lie has! every confidence that, ! evidence which has been given elation, instructed by Mr. F. W. (tensity. Town clerk of .that his suleequent remarks would not he entitled to
upon the ec.idence they wood not feel teetieed in finding . humanity of the law s 1 England. v. e are ...freed that be Bridport ; and Mr. !clones wan for the defence, the latee
and fairly.:.ilarid he
him :guilty of this serious charge. Of a verdict oh munler poeeibility a mistake may be 111::,in'ai:tYothue. ruritlieehofilsawtlies
gentlettinti having been aerie-nod to prisoner by his lord- Illreth ni : and he etild not help thanking the lea
they knew the consequence; they might rely impel it that that so long lls it is a queetion what the ver.lict shall be,
ehip on. the previous day.
way in which I laid
rim jury sworn were :-Messrs. Thos. Brett (foreman), 1 ~ liethe case before them, &mice
so surely as they found this man guilty of the crime of I every tnatecifid interpretation is to be given to every act
murder, so surely would he be executes!. They had his and word. But the moment the verdict is given, that A. leollis, Samuel Cock, Jas. Curtis, B. Hibbs. .1. .1. ' `""e vases were ',reseed, he would not ~,,,, yi ,I. • Wee
life in their betide for they, and not his lordship had to doctrine fells, and it is for the Judge to make up his mind Isoneman. Ed. Mabee, D. Tolley, W. Wilson, C. Stootlley,
pronounce the verdict of guilty or not guilty. They had as to the real truth of the cam. After hearing the G. E. Way, and mo. Walden. • the facts . the hid
in their power to say that this youth who steel before evidene I cannot but believe that the idea of the death Prieoner had a careworn and rather scared expression. further thanke.l the learned counsel fee
them should die an ignominous death upon the pillows.. of that man pamed inte your mind. For so alight a He nervously glanced from judge to jury, am!
~,d I gaol surgeon to give eeteenee tor the"ul g the
But he rejoiced also to state they had it in their power to prov, eerie!. as finding that the water was foul no that you I
' throughout the trial with his hands clasped in front of I lu°l 3° re33n131 to himself (the speak primmer.
say that the prosecution had not satisfies' them that the route net clrink it, I believe that the idea of his death i
I him, anxiously listening to what WAS said. , word so fer as couneel were er) the last
facts proved the charge of wilful munler, but of man- paesel hate a sulky and ill-conditioned mind. I very i
I I In opening the case, Mr. Bulleu said lie thought he 'lt appeared
mom 1
ad i f . concerned in the case.
. seen . tine; the II- i. I
slaughter. There was another alternative. If they eed nuieh question whether a verdict of wilful murder wont, 1 long before this unfertenate altee .ecm. -ie, en. not very
should beet do hie duty by simply stating the (RM.. and
this was entirely the result of accident, taking all the not have loen accenting to the real truth of the case ; hut ; a., .
:,
, re Toed, of lew which inieht reduce the charge to I between the des-easel ansi the ere„,,,,..i. irt'• •."'llie d.simte
circumstances into net edeection, the rusty cartridge, and I believe that the eines were right in taking • merciful ! manslaneliter, they u ould Ise for his lordship ',rte., I his duty, mid might he fatal to his eel to .3, was tort of
that his comrades said it wocibi net go off-or if the snap- view of the matter. and saying you were not guilty of
- I and deemed, with a Man named Walbridge *w
• mow. . to Timmer, ; still, there wee the undeuiesel 'l''''' .."
in"::
- cap was on, then it woule be their duty to my he was not wilful murder. But no one could have for a moment i
, ing together. Reif-an-hour previous to the " •etent e I ha. been a challenge by Me ,i„.„.,,,.4 „,,c .. t that there
guilty either of murder or manslaughter. lie believed he doubted that you were guilty of a wicke'it • m?" they had quarrelled, and prisoner wanted to fight '
tight on the way to the field, end. „ete,,,,4::::1" 011'""ier to
had addressed to them all the remarks that the case wunid airocieue manslaughter. I cannot conceive any soldier deemed, hut it leveed elf. All were in • I tti the worse for liquor, yet priemer het eZtlieley ull-"' all
admit of; the facts were few. and in small compass. This ac,iistalncli to tliC use of arms as you have been, would 3"the`wl te‘Zirs Vol not to entertain the challenee, hut tos..lc'ut'" f'nne-
for 'ismer. the prisoner if an Ili
was not a case of eireunistantial evidence, where they had have presented this cartridge without believing it to be of they were mowing ri sed
wet forleig .worst,When proper reserve when • blow was "truck at liii ar7,ght an-
te wade on perhaps for houre to see if they pointed Ilse. I shall punish you as for a lad matudaughter not so and the other third. Deceeed ro'ruarl'..rnrislralcond. not put up his fist.. or enter into a combat, l'.''cit helltellle 'lid
to the guilt of the moan; here the facts were few iii heavily perhaps as I might, furl shall take tent. youth hieing
slaw,
.0 . h.
a.. 0 ... nee/eves. prisoner
his jar to ward off a blow aimed fit hint. Ned e - .ua
number; but the jury rould not put their finger on any, into consideration; but you must be imprisoned for many "'"
place, he I:nehed him h not !et Y'•allendige "the ' seemed to have occurred till they calm to theuti'.7 further
'scythe, and l e ~.._ ..1., •Isl where or altogether, and say they showed any intention on the Illany years, and you will Is, at least a man of middle lege
prisoner eree ~, -33 • wa." weettlng hi,.
it by it. On getting up prisoner struck ; - "-"lieeatt was made by the deremel, eh., was thin
part of this young mtui to injure his emirate, mush when you come out It is ebvioils to me that a warning
two blows with hie scythe d L' " , leader .1 the mowers, that priemer die not bleep
less to take his life. Look at the term on which they must be -nen to arch as you, and therefore the slightest • •uries as made hinisl lat :iceaae! Indicting
such
I time, one could II d sai• Isb
We UT erB_,- that NUf -h reu '
up to
lived; just before this oreerrence they wee on the teat isenteneel can pees upon you taunt be a lesson to YOU, and Pi '
1/LI ter ilearing the med nce,ce. •to in bout an hour. l would he calculated to irritate and excite the "'am'
of terms. sitting and joking together. Weide they say a lessen to them other. who have these arms and can use it would be for the jury to 1 the forem.m. probsbly
... , . . e deceased-
ea under the directione
of
prisoner intended to harm one hair of his head I In eases them. The sentence that I peas upon you le thet of . . etime Judge, what offence he : U ...mere were A pai- hy theme;
and their object
of this kind, Mr. Follows' said, he always felt anximis lest PENAL SERVITUDE FOR FIrrEEN Yleetlifi. hail committed. 1 ect would therefore he to get thrceeh , munich
he should leave something Unsaid Wilie:i litir.:ht tell in There Was considerable sensation at the announcement . Henry Marsh, gardener at Povreesteck, Lim
&bout 6.30 I work in the course of a ctrytie they cOUI4I, toe:Olathe most
' money. And d
favour of the prisoner ;he bed endeavountd to lay before of this sentence. Mealy° shrunk from the scathing words e
in the eveninee of 10th June, lie overtook prisoner, i sc•Neied being time foremen would be
inoyesl at either th
them the etroneest fade c.f the evidence even as stated of the Jielge, and appeared relieved to &hetet nun down deceased, and eValbridge as they were going to the field, e,. e want of skill or want of energy en
the part of the prisoner, ss ' • ' •
by the prosecution, and he hub not shrunk From the she out of sight, and went with them. Prisoner and Cousins were "cross- 1 . ' it diminished the profits. =ecru-
ing each other ." C met • charge of his duty as a counsel, But if they had cileservsel Hie lonlehin thankee the jury and told them he should , • o is wanted to light Legg. Leeir . lug to the pert). This was clew fro the e• le
-- . anseurre.l hiss -in that Coi ' • m - •-‘l. nee. All
anythine also that would tell in rave •of the !iris. ~,,, .. • ti, i held up • jar of .Irink in hie 'wee refusing to ' 'it, , „._ ..._ . • el It 'sine celled to prisoner toe--
. . .. .. . . . .. . .

—ing to fight, . h -t;iiirny'sl7 -----.--'-- -i,-,-- , ---,mew...emus
en or i tnt ae c ttttt e into is mare Wallind-ie did
and de put Ilii Hata, but there was ne er a blow
'orgssed-
and he thought it might be fairlytuned
, not think it right for it constant mak like. I 2.1 t rie mie
struck. Went on with them about three-quarters 0. • ! out of inn „Inn, for ....unmet,. like hho 11-- Sal - .--.,--
mile, and into the field where they began to 'now. -
not. So the disitute Iwgan. So one i aa,,,ri ' an' wa"'^
1 "egg reply to
aCobtliksinans ud-asthfiernst ow(cUn le
second,
kw- I.eu_
wialliiilrritdgehurryw.ini.fr ' ',env,'"
...kiln.
nuidc
..
If . aas he
Cousins snowed on some ways, and then came back Legg i„ _ I I t ,ir. to 0, • 011 but that at tlie
• arythe. rb,,y all know what a tjan-en;i
i '• sone to: wie. doing a inost iteri,,, thin:,.._ h •
s. arpe 1111 l gliis
tient 1.e.••• nail hit over hia
wco)uubileno,,t,,,ktecesprnuepefnaadt
iii.un,,ohuge ji.biCousituAlos to.u,tlddoillowis ,
__the
i„.
.1
.t
u..,,
m.,. :
ii:
il.::tais.hti..p.::iitia.
tame on faster--he was about seven yards behind, and , "'
• • shoulder in ea dangenio. a position fo7hisinelt
' ......'-'
--Lo.iiii.teld... ;ft; nil 1: Ill—
.f. :11:111 .'!,ha,uiltn.,: ,tt;hneti ni1i.ai..._.........,....,i eh I.4'A:ie.-Ili rdlnsenti:o,t7
inc.! prisoner on the loth, ihrgr-iall of the
"a'd
I'llowwhae tibneillat ' .7177.7.7.,r2'..7 -riai, .!":.,,,..ce ~ . s - -
own
ne
scythe,
.pusdhcuont
it,hi.ekshneeouldetr....lLeggd
not
tfetell
was deep or not; did not see any blood. Cousins then a I"i"c".`"thwea;ou'o',l' Te; ',1:4. „phone 'e male him fall and
three nynardsinewfroingto where Legg
Le"Legg (VI!. beelsslltlfn. Itlajwa.o'nal'lleit. , E.„,h,...l",,nfelxamtwu:
ground about ten minutes. He then got up, went after _
he struck ! aew wach 1-'1"1.
ner hail
It must is remembered Legg had
lie went up behind him. Asked to show how
Cousins, itad cut hint with the scythe twice in the leg. .
ith....onorriefulkti.thetro.e.
tor„.e.....i.l:7thker.iiii.,l
1.,2..,..::...,,kii,r.....
4,..at-,e2lliaakii ;moil!
tilltanpiLty to ooze
which bbssi u-oul,l not read) •1 • trate I b
That
ell i,t,n3,.thsto- itinnesathegahvre.tardouvndeze-nhat under-hand
wcuete,nashisif
le; mowing.
.6and
wiiitth a stick:Qat:l
jruu.ttliatferothmethknec..hindneret
below. l'risoner held the scythe right-handed. At the
time of the first blow Cousins was mowing. When
egwanudfcanuirtarrohtlenicd : hoe. canoed
ot Li., ti
~,, -
I dearnth had ensued, he (dielc:i eirsle‘. en
wertecoltdof thblowl
, st ek Cousins with his fi i...
striking deceasexl, prisoner did not ray anything, Ile hail 1 ch,oht hut thot the
oth., ,ni _ . mina i hail very little
.' th.rough his trowiers, If it.'
lee . ..iild Isy not murder but man.
to go about three yards to Cousins from where he got up- . slaughter. Tit lat iniught luta to consider the cinum-
Walbridge was not mowing at the time—he was seven or ' .. _ . •
1 stance taut stewheil lutist materially against prisoner,
eight yards from them. There were two more in the field I
iz. the of dea.ll
besides himself anti the three mowers. We were about v • law—, so , r a."Tal". as a ~'Ythe. A man
1 ninst be osseti to snOw the consoilieriCes of an act he
even yards off the mowers. On receiving the second blow . .
commits • and a man accustomed to use a •
Cousins fell, arci said "Oh, dear, Toni, you vs aslone for -: 'hi If nu' Ifering rowf the Life scythe,
the,
and
a of a cut from one just
me know." Prisoner replied "Sans you right, you —. ' he'rote. Too, he coI ' -.
rem ered to know the consequences of
Did not hear anything more pass. I went off directly to och'`.
a weapon. The leen were all drunk and '
get some rags to tie up the wounds. After striking the worst. Drunk, es ''alaunnr
Cousins, Legg threw down the scythe; he stood up for a .h n the h It. nn ...was. no excuse for crime; still,
y Ai , deal Witli the qUestion of the intention
hit, and then went and sat down by the side of deceased, %. e
Did
of the man at the time lie did an act which had caused not hear prisonermay anything. I did not wait above
• death, and the ouesion it intent Was the i in one for
ten minutes before! went away. Did not help Cottons, ~ . • , t "• .3
wir consba •rition--whether it the time prisoner went
I was Ist shaking with fright I couldn't. 'There was their
Up to Cousins with the ,wythe he 4lid intend to indict a
Walbridge and others with hitu. Hitchcock WAS there
wound which would cause his deatli—the state tit' the
trying to stop the bleeding.
, loan was an element to e considered mplied
Cross-examined : I saw them about three quarters of a t b
• • The law i
malice when death ensued from the use of a deadly
mile from the field.
weapon, but where they found a man was in a
Did they appear to you to be the worse for liquor !—Yes,
state of liquor he could not be held to be in the
sir, they were in liquor.
. f his • • • -.• '
sensts as earn lie was.aiber.
Witness: Cousins wanted to fight prisoner and 'Ulla 1.r."'1"11 " '
It might 1.. i prisoner was altogether devoid of
wringed up his fiat, but prisoner held up the jar to ward
intelligence at the time of the orcurrenee ; and if he
off the blow, and Cousins never struck him. It was about
haikeli iy quor, wai
ten minutes that Legg lay on re the ground before getting mul ta n a con-iderale mantit of li
ch the woes: for it, he ventnnsl to think thatand in con-
up.
' sidering intent that fact ought to weigh strongly with
Ily the Judge: The men were mowing three swathe*,
I thent. Prisoner Lty upon the ground Mit a short time
and Legg did not go so fast as Cousins, so Cousins left his
comparatively speaking. The tinit witness said ten
scythe in his swathe and came and pushed Legg, who lad ; minutes, the other two or three, and where statitmenta
just hone whetting his scythe. Cousins went on mowing
varied w materially he urged they should take the nit's
Walbridge's scythe in prisoner's swathe. Walbridge
merciful view and adopt that most favourable to the
did not mow at all after Legg was ptished. Cousins hail nut mow. op as far ht Legg e swathe as he had in hio prisoner. Let them take it therefore that the prisoner
. wail on the ground about two minutes. That was a very
own before he was struck. When Legg went towards
Cousins, he went straight up the middle swathe behind short time indeed in which fora man to make up lii.inind
to do an act such as murder ; and oue could hardly think
him. Prisoner was whetting his scythe in the place where
he finished mowing. Cousins commenced to mow at that a man lying thew suffering from • wound which bled
freely would re•olVe to commit suth a crime, knowing
once, as soon as lee pushed Legg away, and continual ,
mowing till he was struck, lie had mown about three , what the conwsmences would lie—make up his mind so to
yards. resent the act Id roll,lli 4 MS to cause his death. There
Samuel Iliglee a youth, said he was in the field. Whilst was a eery small dist-inn, between them when Le'; got
they were mowing lie heard Cousins say to Legg ...G.O 111 P, only three yard., and indeed one of the witnesses said
on, Tom." They continued untwists- Two or three not more than a yard, and again two or dire', Stele. One
minutes after that Cousins put down the scythe. andeame wotild believe that a man under the influence of liquor,
up to Legg. when he put his hand on liis shoulder, ainl and suffering from a painful wound, would take ',hors
pushed ham down on his scythe. Don't think he said and tottering steps, so that the distance might be
anything before he ',nailed him. Saw blood on Legg's knee rear even le.. than throe yards It woild iwiropy
when he got up—it was very little and on his trousers at him but a few seconds to go that distance, and the time
the knee. conajn, went on miaowing where Legg hnd hem taken by the whole occurrence would not be 1111 l re than
Before getting up Legg lay on the ground -four or five about two minutes ; surely not km; enough for a man to
Militates. \nen lie got up he was about three yards off seriously resolve to take another, life, yet they must
Cousins. On rising he was swearing. lie took up his conclude he had so resolved before they could fool him
scythe, went three yards to COlisills, and cut him in the guilty of murder. Ile must also dad with what proones
leg twice. At the time Cousins was mowing. When Ilaid at the time the Wow was struck. Cousin-. said "Ilk
prisoner struck him he was swearing. Witness was three dear, dear, yoli hate done something for hie now." All
or four yanls off looking on ; could not hear what lie said, except one spoke tii t,,Like sUcli Words WI thHe, but only
Coilld see blood before the second blow was struck. The one said lie replied " I have done something for
second quickly followed the first. COUSilis wax stooping but lie should asked them not to place implied connilenrai
in the act of mowing when struck, with his right lee in the statement of Hitchcock's, but rather that in his
forwent, and the left bellied. On receiving the seron mind he had confused the words spoken by deceased, and
blow, Cousin* fell, and said "Oh, dear, dear, you've ilone applied them to prisoner. He would rather invite theta
something now. Prisoner went back two or three steps, to adopt the simple words spoken to by the other witnesses,
put down his scythe,. and said "There you —." Prisoner and which he urged were mow compatilde with probs.
stopped there swearing. He Was three or four yards off bility. A titan would be utterly lust to all senw of swil-
-1 •ousins. Prisoner stopped there a good bit—amid not say nem, and even of humanity, if after having dealt a fellow--
how long. Then he went and sat down by him, but did worker ouch a blow aa that lie could calmly say with an
not say anything. Cousins was lying on the ground oath—therel've done for you, exulting in his crime. He
bleeding, and witness tied up his leg. -He asked nittien. went Oil to say that the vulgar epithet Used was only too
if he could carry him Inoue. Stayed about ten minutes common amongst persons of prisoner's class of life., and
and then went for is doctor. Tied up the leg with a hand. that it did not mean anything of anger or unfriendliness kerchief, but could not stop the hleeling. Was away A. to the weapon used, the learned counsel 'W-
ithout three mutters of an hour, and when he returned marked it was what lac actually had at haul;
Cousins was dead Legg was just by the side of the hod; it was not as if he went any distance, for sitting. Did not hear him Nay d anything. Legg Be was as it. There was not, even ill the case trio,'
runk. on the previous day, the deliberate act of going to a rick
Creste-egaininel: Was there the Wile time SS Hitchcock. and taking down a rifle, putting in a bullet, and tiring it.
Did not know exactly how long Legg lay on the ground— The weapon with which the blow was struck win in the
it might not be to much as four or five minutes. In man's hand at the time he wa, pushed soil irritated IT
whetting his scythe Legg had the point over his left the assault and the insult oh the deceased. So annoyed
shoulder in front, and the whetstone in his right hand prisoner took the first thing he could lay hold of, and dealt
He was just going to put the whetstone into the sachet, the deadly blow, lie put it to thetu that the taking of
when cousins nudist' hint- both his hands were engageeL such-a deadly weapon was materially modified by the
mart
(7ousins came up straight before him, and pushed him on that it was close by Inni, and in his use at the time. Let
the nght shoulder in front. Prisoner fell with the scythe ! them consider all the circumstances the provocation under him. Legg was wearing fustian trousent—a strong given to prisoner, the short interval that elapsed lietween
stout material. Saw the blood soak through the trouser, it and the blow, prisoner's previoua disinelination to fight
anil show outside. When Legg went to Cousins it was a' on the cool, and the fact that the weapon a-as in his hand
,
step or two between them. at the time of the provocation. lie aided them to believe
George Hitchcock, a young man, said he was in the field ! that the prisoner, smarting under the provocation of the looking at the mowers. ("unglue wanted Legg to come on wound inflicted on himself, and hardly knowing what he
faster with his mowing—he udd " Why don t you come was asout from being under the influence of drink, had
on, Toni." Prisoner said Ile would not come on. He wnu no intention of killing the deceased when he retaliated
at the time whetting his scythe. Cousins left his o on hint. If they could come to such a conclusion, it would scythe and came bark to Legg, whom he pushed mit of be their duty to had prisoner guilty of mandatighte-r. In
the war. Prisoner fell on his scythe, and cut his knee. conclusion he hoped their minds might be enlightened to
. .. . ..
When e got up notloed bleed on him. ..,.

-uP 400
3\nethen heirr°4lV he t two I:
_........ ....__ __,.......,.. _.. _.
Much 1-Very little. - i tak--We righteous iiew of the case., and that they would
I come to a just and merciful verdict.
Cousins then took Walbridge's erythe, and t I Mr. John Walbridge said he had known Legg 10 or II
during which time be had been in his etiiiit iv ; all
thnwreewingmininulTheeforeplace.gettinLeggfipla.
about three yards olf Cousins. Did not hear hint my any". ' man-never "d a better*
thing when lying on the ground. On rising ho teeh te; The prisoner Ira' now affected to tears, and seemed very
. that time he hail borne the character of a quiet indwarious
his scythe and went towards Cousins, who was then in ".. sorrowful.
big. Ile thrust the scythe into Cousin's leg twice. Connie, In summing up the judge said -Before pro,eiding
fell at the second blow, and sail" Oh dear, dear Tom, further he thought he ought to express on behalf of the
you've done something for me now." Legg mid "There, jury and himself their thanks to Mr. Norris for the
you ----• I've done something for thee now Cousins temperate, argumentative, and reasonable speeeh he bad
epoke first Legg threw down his scythe, and then in made on behalf of the prisoner. He (Mr. Norms) had
two or three minutes wont and sat down by conelne's done that which every member of the bar was always
side. Witness went to Cousins first Did not bear I ready to do, merely Iveause be ((he learned judge) aeked
prisoner B.ty anything. Whalen held Cousins, and Meer him to defend the Man ; and he had dune it with as .ll
tied • handkerchief round his log. In about half an hour earnestness and vigour, and giving to it as h con.
witness went for some brandy, and was gone about 10 sideration am if he had been retained on the prisoner'.
minutes. I 'wiling hack he found Cousins alive but much , behalf. He this lordship) hoped whim of the jury were
weaker. He died about 10 minutes after. I present on the previous day, Iswituse if they were he
What state wan Leirg in 1-He was tipsy. , need not again remind them what it was
Croke-examined : Pnwiner
.was 1. - ' three mrde off , their duty * . .... . .
. _

......
more thin a yard off-it took two or three steps to reach
decease,- 1-w-li-e.-n-lie COUP. Sal7l i:tb°4Britilport— --he --wl4-4- not
him. Whim Cousins said "Oh dear. you've done some-
thing for me now " prisoner said " I didn't try to do it -
After that he said Cousins jumped in het, him and get
In the way. If Cousins had not been in Leag's swathe, it
would have been in prisoner's work for him to have gone
on there.
By the Judge: It was just before the policeman came
that be said he didn't try to do it, Itc. The policeman
came in about an hour after the occurrence. Witness
thought Cousins was them dead.
Hobert Walbridge siaM a. I was goinfeicie the nem with
Legg and Cousins Marsh joined us, den Cousins
were a little before I all the way, and 1 1, n't bear what
passed. We IVY all in liquor it you plea, in the field
we began to mow, Legg being in the inidetle. I began iny
swathe, and then Henry Marsh took my scythe and
mowed on. Cousins called to Legg to come on-to stand
out of the way and let Walbridge come on. We were all too intich in liquor, rather. Did net hear Legg reply.
Was looking the other way when the accident happened.
Saw Cousins push Legg out of the work for Ito cenue on in Legg'. Mere. Sew Legg fall, and Cousins took my
wythe and went on mowing in Legg's place. Cousins
told me to go on in Legg's place, but I would not I did
not think it a right thing to turn a constant men out of
his place, for I was only a strapper come on for a day or
two. Didn't we Legg do anything more to Cousins than to cut hint Oh, please your honour, I didn't see Legg cut,
him. I was looking on the other way. When i hutted
round I law Cousins on the ground : we was all in liquor.
The Judge: Don't talk tluit nonsense ; why do you keep
on saying we were all in liquor. Mind you tell the truth,
air.
Witness: So I will and nothing but the truth. Heard
Cousins call to me to conic to him. I WM back about six
3.anls. It was two or three minutes after I had Mien
Cousins push Legg down. I went up, and remained with
him. Cousins was bleeding very much from the leg.
Legg was two or three yards away. When I turned round
Eer.: was sitting 110M11. Iris scythe was alongside of him.
Did not hear either Cousins or Legg say anything. We
had beennewenrekvienLitiezdethaneyr.
odi"ce"edth them that day in another field,
of the mum. Did not Mar Cousins
were all frightened so much. Legg mopped there a good
bit. I remained there, hobbits Ithil round the neck.
Cross-exannined : That was thy first day of mowing with
(befth,c.ieuoire.l.l.l,:rillivrinfmeol„roawniiinand
finding fault with Legg in the day.
thing to Logy in the other field about not keeping up-
they were going on very steady. If it hadn't sheen for
the Ibitior he didnt believe it would have happened.
P.C. Holloway a few minutes befiare eight o clock went
to the field and found Cousins dead. There wait a man au
each side of the body, and prisoner sat on the tight of the
man on the right side of deceased. A good Many PeePta
were there. He said to prisoner I charge you with catalog
the death of Edmund (Amain, now lyfug there dead. Ile
said "I could not help it." Als that .he faced'
didn't understand it: it we- '
.. .. ..

to do. They had a solemn duty to
perform, and the only responsilidity they had was to
answer truly the questions which he had to put to them
—answer them as they believed they ought to be
&11.. oral. The prisoner was charged with wilful flaunter,
and whenever a man intentionally uses a deadly weapon
with intent to do grievous lushly Multi to :mother, thst
tvot to soy, serious harm, although he dui not intend to
hill him. Yet if by the use of a deadly weapon, without
intending to do him serious harm, he did kill him,
according to the law of this country lie o'ari guilty of
wilful murder: he had no right to run the chance of such
a Weapon, and although he was under the influence of
drilla. the drunkenness he hail brought on helmet!: and
if in his drunkenness he inteteled toils Um man grievous
hadi, 1Y hann, the drnnkeimem was no excuse for the
crime. A man cannot by his own evil .Iced get drunk
and by it excuse every further evil deed which his drunk-
enness leads him iiiiiii it. thetu recollect what he told
them —even if a person was drunk, yet if he struck a man
With a scythe with intent to do Mut grievous Issltly harm:
inasmuch as big intention was such and the scythe used a
deadly weapon, he would be guilty 44 wilful murder,
unless something which he was going to tell
them reduced the case to manslaughter. If be
acted in that way and intendul gnevomi bodily
harm, but as the result of a sudden transport of
pasaion, or evil blood, on what they might consider
reasenable provocation, then they might Si) it was not
nxurder but manslaughter. But it was not every provoese
WM that would reduce murder to manslaughter it must
he reasonable provocation, and So recent as to be flatly
dune in the transport of pate Of heat of blood. If lie
had time to cool, although he had oseived provocaUen,
and when cool, struck malignantly, it was monism. The
itiamtion for them would therefore be (for they could not
, doubt that the prisoner struck the deceased intentionally)
had prisoner received such prevoation that as reumnable
men they could attribute it to a 'gulden transport M
or heat of blood—that he struck him while that passion
heno,L If so, they might say he KOS in/lity of man.
I.laumticfitlmift,y thoorughthatt the
aprotet;moutir
pwrussot
v....n
,
ton, he had really cooled and then malignantly
1 or:hi 11°Iidepegurenild.teyn:of, Will ul l order.
theiu It would be
sTthstirbricca"ei:dhualid:entt7ue'dtiwn'nharefat was said; be—A they lowa adopt an
Indulgent interpretation where they reasonably could.
Cousins had ;alit to tell Prisoner to go out of the way,
and even to ; but accidentally he should say on
ilia
part and with the drunkennem of Ms
Legg fell and was cut on the knee not slightly, it
tt),Za probenty give considerable pain. Wet that se far
negligent act of Csiusins, and so *did to prisoner, such
a provocation allowing for the iniity of human nature,
" would induce sudden pSsiliOn Then hail he time to
cool, and did he strike afterwards in passion or revenge, I
The thee between was important, no gardener spoke of
something that happened on the road, and fur prisoner it
might be said be thought Cousins.whetxhe would

anti-micas—
bell better be ,
Amid he wished
cells tb&i 10 id
SW Cr&ids 1. _
the allicaand cteMl
l'as t
eat ag
a=
tag
the the window .
I brCI the window.
T C. meld he law the three
oft,&,lolA
._..teringaor meat* th•
Drysdale eV
witT s;ftted he did not know
;MII sill ethasedilleagpan""wheili
three or few chains.