The British Press; or, Morning Literary Advertiser.
London, England, 1825-04-11 00:00:00

MURDER.

Mark Ifbititre, lease Britton James Caine,, Robert England,
Samuel Peacock, and Preach lirittow, all of them young men of
very decent appearance, were charged with the wilful murder of
Isaac Gordon, by striking. him on the head with a pole.
Mr. ('Ross opened the indictment.
Mr. I.t:Dt.ow stated, that it now became his duty to go into a
statement of the important case they had to try. The case was
in its nature one which was painful to every one having any part
to take in the investigation of it ; but he was sure it was not
necessary to ask them to go into the inquiry with perfectly on.
biassed minds. He would do more; he would ask them, in the
first instance, to presume the prisoners innocent, unless the evi.
dence satisfied them of their guilt. On the 27th of November, at
a little before twelve o'clock at night, the body of Isaac Gordon
was found dead, but quite warm. The way in which the body
MU found clearly convinced the persons who found it that lie had
come by a violent death ; his skull was fractured, and he had a
cut on the forehead apparently inflicted with a krife. The deceased
had for a year before his death lived with a person named Brain,
whose lands had been much trespassed on, and he had directed his
servant, the deceased, to take measures for the prevention of
these trespasses, and in consequence of such direction the horse
of the prisoner, Francis Itritton, had been impounded by the de.
ceased, end he was obliged to pay a sum of half.a-crown for its re. I
lease. It happened that on Saturday, the 27th of November, a
benefit club met at a public house called the Tennis Court, and
at that club the deceased and several of the prisoners were pre-
sent. The conversation turned on the impounding of the horse,
end much abuse and petty insult was, on that account, directed
at Gordon, the deceased. In this the prisoner, Caines, took an
active part. A (ter sonte time the deceased went out, and had not
proceeded far before he received a blow from some unknown person.
He returned into the house, and after all the prisoners had, at dif-
ferent times, gone away, the deceased, thinking it unsafe to go home,
asked to stay in the house all night, but the people who kept the
house, thinking his fears ill-founded, refused his stay. lle pro-
mcdeti on the road to his house, and in less than twenty minutes he
was discovered to bi a corpse.' thought to inform them, that one
of the prisoners had taken with him a lighted candle, for the pur-
pose of assisting him on his way home. On the examination of the
body at the Tennis Court, it appeared that in addition to the wound
on the forehead, the back part bf the skull was beaten in by some
large and heavy instrument, sod ehcli as to justify the observation
of some of those who found the body, that it wroi done with some.
thing heavier than a bludgeon ; end on looking near the place
where the body was found, a pole, such as was used to hang lines
fee clothes to dry upon, iras discovered, and, from the state of it,
they would have little doubt it had been used on that melancholy
occasion. There was also a knife found, which he should prove
to have been in the possession of one of the prisoners on the morn-
ing on which the murder was committed. The pole he should
prove had been standing on the premises belonging to the Tennis
Court public house, and near the place where it stood were found
foot prints, as there were also near the place where the offence
was committed, which correspond with the shoes worn by one of
the prisoners on that day ; and another and singular circumstance
most material for their consideration was, that near the place
where the body was found (the ground being very wet), a mark of
a person having sat down on a bank, and from the print or mark
left, it appeared. that the person so sitting down had worn corderoy
breeches, which had been mended with stuff of a ditiment sort.
Ile should connect the prisoner England with the knife, and the
prisoner Whiting with the mended breeches, and a particular
mended shoe he should also lay before them as evidence relative
to the shoes of Isaac Britton and Genies; and he should also
show that the prisoners were all together just before the murder,
and were all drinking at the house of Francis Britton after, very
soon after the murder. He should make no comments, but would ,
lay before them the evidence—the witness would b t open to a cross-
examination, and if there was any fair doubt of the truth of the
evidence they ought not to act upon it; but if it convinced them of
its truth, they ought to look firmly and fairly at the case, and
say whether they were satisfied of the certain guilt of the prisoners,
and if therwore so satisfied, it would be their duty to find the
prisoners guilty.
John Brain, examined by Mr. Ceoss, said—The deceased,
Isaac Gordon, was my servant ; I had given him directions to im.
pound cattle which were trespassing on my grounds; in the
month of November, he, in consequence of those directions, im-
pounded the horse of Francis Britton; half-a-crown was paid to
obtain its discharge; that was on the 22d of November the de-
ceased lived at my house and slept there; my house is about a
quarter of a mile from the Tennis Court public house on the
road to Bristol, and is three miles and a half from Bristol; near
the road is a piece of land called the Gibbet Patch ; that is about
forty pods from the Tennis Court; there is a stile at one side
of it, and at one end a turning which leads to Grimsbury-lane;
the prisoner Francis Britton lives in that direction, and you may I
go to his house either across the Gibbet Patch over the stile, or,
veined the corner of it ; his bowie le about a quarter of a mile
from the public house.
Francis Rogers, examined by Mr. LUDLOW. said—l live at
IVarmier • I remember being at the Tennis Court public house
on the 27th of November; a shoe club was held there; I saw the
deceased Isaac Gordon there and Francis Briton, Samuel Peacock,
James Caiues, Mask Whiting, Isaac Britton, and Robert Eng.
land (the prisoners); they were all in the same company. They
were drinking as other men usually do; they had a quart pot,
which was handed round horn one to the other; I was drinking
with the deceased ; I heard James Caines talk of fighting, and he
threw tobacco-pipes at the deceased, and said he sould beat the
deceased's brains out ; I don't know what the dispute was about ;
I heard nothing said about a horse.
Cross-examined by the prisoner Caine.—! don't remember that
I offered that my son should tight any one there fur five guineas.
W. Means Hisma, examined by Mr. Cnoss, said—l was at.
the Tennis-court public house on the night of the 27th of Novena,
her. The deceased was there and all the prisoners. They wet
all in the kitchen drinking When 1 went Into the house the de-
ceased asked me to drink, and gave use a pipe. I smoked it out,
and then Thomas Wilmot took up the pipe and threw it at die
deceased • and then James Caines threw little bits of pipe at him,
and the deceased said be would get a warrant for him on the Mon-
day. James Caines then jumped up and said, " who Aunt, ?" and
the deceased charged hint with it, on which Caines clenched his
fist, and said, with an oath, that he would beat his brains out. The
deceased said he might do so if he would, for he would not stir.
The deceased had done nothing to provoke this, that I heard.
Joseph Patten, examined by 111 r. Lu DLOVT, said—l was also
at the Tennis-court public house. I saw die parties there. I
heard England say that the deceased deserved a good hiding (beat.
ing), and he added it was a tl—d shame to pound a man's horse
out of such a ground as that. Francis Britton was by at that time.
In cosequence of what saw I advised Gordon to go home, and he
and I started together, and lie received a blow, but not from either
of the prisoners. On receiving this blow, he returned, and his
mouth was bleeding. On his return to the kitchet., I told him he
had better go home, and he said he would not, for he was afraid he
should be killed. I went home, leaving the deceased in the house,
and elect all the prisoners. I heard England order six quarts of
beer to be taken to Francis Britton'i. I left the public house soon
after II o'clock.

Joseph Henley, examined by Mr. CROSS, gave evidence per.
cisely similar to that of the witness Rogers.
Joysey Blatchley, examined by Mr. Luntow, said—l am the
wife of William Blatchley, the landlord of the Tennis Court
public house at Bina:. On the evening of the 27th of November
the deceased, and all the prisoners, and several more, were there.
In the course of the evening 1 said I would draw IA more beer that
night. I said so because of a quarrel between Caine' and the de.
ceased. I saw the deceased and Pratten go out and return. The
deceased sail he had been knocked down. I did not observe who
followed him in. England ordered six quarts of beer to he taken
away. The people in the house had all gone away before the tie-
deased ;he went last. England and Peacock went out last, taking
with them six quarts of beer. The deceased said he would stay a
little while, and did so. Ile went at half-past eleven. I never saw
him alive after that. I saw the body in about half an hour after.
It was brought in by Benjamin Britton, Edward Lewis, and two
others. In our garden there are posts to hang a clothes line upon.
At six o'clock on that evening all of them were standing. I ant
sure of that, because I then took in the clothes that were on the
line. One of tame posts was brought back the next morning.
Cross-examined by Mr. Piiitro•r'rs—lt was a dark night ; the
beer was not sent out by me ; the prisoner were none of them in
liquor except Francis Britton ; 1 did ant see that either of them
had any light. The shoe-club visa held there by the prisoner Pea.
cock ; the club was not held in the kitchen ; the club-room was up
stairs. Issue Britten and Peacock were up stairs. There was a
clothes-club also held in the house on that day.
Cross-examined by the prisoner Whiting:—You had no quarrel
with the deceased t you had carried sway beer on other occasions.
Re-exsuitned--Peacock and Britton came down stairs, and sat
in the kitchen after ten o'clock.

John Blatchiey r:sanined by Alt. Coosa. said, I am the eon of
the landlord of the Tennis Court; I was at home on the night of
the 27th ; I heard Francis Britton say to the deceased, " Ikey, if
you catch my horse any more tilt,• him home and give him some
hay, instead of taking him to the pound, and I will give you a
shilling." I saw Pratten return with °oaten after going out, when
the deceased-complained of having been knocked down ; Caines and
Isaac Britton went soon after. The deceased stayed a quarter of
an hour after all the rest 1 and in about twenty minutes atter I was
called out by Thomas Britton (not one of the prisoners t. I went
with him along the Bristol road, and found the body of the de.
ceased at about et yards distance from our house; the body was in
the road, lying on the back ; there was much blood on the ground;
I went with the body when it was carried to our house ; it was just
warm ; it was taken into the stable that night, and into the house
the next morning.
Cross-examined by Mr. PIIII.TOTTS.—It was a dark night ; I
did not observe that the prisoners had any light with them ; I never
said that I gave them a candle ; I did not say so before the Magis-
trate.
Wm. Blatcbley, examined by Mr. LUDLOW, said, I sin the
landlord of the public-house ; I was called out to go after the body
my son went first and I went after. The body was lying on the
face, with the hands extended, and the hat on his poll. Benjamin
Britton turned him over, the body was taken to my house, and was
examined by Mr. Watts, the surgeon. I remember Francis Brit..
too, when he went home; but I am not sure that he took a can-
dle, but I think he did; it was lighted ; be carried it I think between
the tinglis of his left hand, and held hie right over the top of t.h

candle, to prevent it from blowing out. I had refused to draw any
more beer at leant half an hour before.

Crass-examined by ,Mr. PIIILPOTTIL—it is very common for
men to carry a bit of candle in that way in dark nights. Francis
Britton lives about a quaver of • mile from my house.
Benjamin Britton. examined by Mr. Coosa, said-1 was coming
home past the Tennis Court on the night in question ; I saw mite-
thing lying in the road at about sixty or seventy yards from the
public house. lat first thought it was a sack, but on touching It
with my stick 1 found a man's legs. I called out, " Here's a man
drunk or dead." He was lying on his face, but I turned him over.
My coVtin went to the public house, and I remained with the body.
Soon after the landlord's son came to help us. with a light. I did
not know the deceased at first, he was so bloody ; but on wiping
his face I found that it was Isaac Gordon. I found a stab over the
left eye, on the forehead. There was a good deal of blood on the
ground. I found a knife lying by him; it had two blades, one of
which had half an inch broken or its end. The broken blade was
open. The body was quite wann, but had no signs of life. It was
about half-past eleven o'clock I think, because some little time after
we moved the body I heard the clock at the smelting-house strike
twelve.

Wm. Britton was called, but not examined.
Elizabeth Pouting examined by Mr. Leneow—l am the Wife
of ('harlev l'onting ; our house is on the side of the Bristol road ;
the Tennis-court public house is on the other side to the road, not
very tar off; on the same side of the road as the public house, and
nearly opposite to our house, is the field called Gibbet Patch, and
on one side of that field runs a road called Grimsbury-lane, which
leads to Francis Britton's house; there is also a stile at a foot-path
front the other corner of the Gibbet Patch; leading also to Gnma.
bury-lane. After I was in bed on the night in question I heard
people laaghing and talking near this stile. (This was within a
few yards of the place where the body was found.) The window
of my bed.room overlooks the road, and I am sure I saw the light
of a candle, which seemed to come in that direction ; I heard the
voices and saw the light at the Fans time; I think it must have
been at about eleven o clock ; the light soon disappeared, and then
I heard " :Murder !'• cried very kind!, and at the same time heard
some blows ; it sounded as if you wefe beating a dead thing, and
the blows were struck very heavily ; after the blows I heard a voice
say—" there thee be," and then another voice called out " Bob."
I did not know England at that time ; I heard nothing more till
the men came and found the body; f also heard a laugh in Grim'.
bury-lane ; the persons that called Bob went up the road, and then
I heard the laugh.
Cross-examined by Mr. PRILTOTT—I was in bed at this time;
I went to bed at nine ; the flash of light passed away, and all was
quiet, the voices ceased then ; it appeared to be several persons,
and there was silence for five or six minutes, or perhaps more;
Francis Britton lives about a quarter or half a mile from that place ;
I don't think any one could have got to Francis Britton's between
the time of the laugh and the sound of the blows.
Re-examined—The laugh appeared to proceed from more than
two petitions • it seemed as if some of the persons had gone to
Grimbury.la'ne up the foot-path, and others up the road ; the light
disappeared suddenly as if it was put out, and nut as if the person
carrying it had passed on.
By the Learned Junoe—lt was five minutes after the light was
put out that I heard the blows.
Mr. Walters, a surveyor, proved the accuracy of a plan of the
places mentioned in the course of the case ; the house of F. Brit-
ton was 7133 yards from the place where the body was found ; the
distance aerose the Gibbet Patch-field along the foot-paths was from
sixty to sixty-seven yards, and between those points the distance
was 163 yards along the road.
Elizabeth Lewis examined by Mr. Caossr—l live in the
house next to Mrs. Ponting's • I was sitting in my kitchen, and
on the night in question I hard voices at the stile of die Gibbet
Patch-field ; as soon as I heard the voices I got up and locked the
&or ; I soon after that heard a faint cry of murder ; I was fright.
coed, and do not know how soon this was ; there were blows given ;
at first they did not seem so heavy, but seemed as if some one was
struggling against them, but at lan they were very heavy indeed ;
there was then silence for a few minutes, and I heard some names
called, and a laugh from the other side of the Gibbet Patch-field,
which appeated to proceed from more than two persons.
Cross-examined by Mr. PRILPOT Ts—The silence lasted for ten
or fifteen minutes ; the cry of murder preceded the blows ; I then
heard a blow and them a noise as if stifling.
William Britton, examined by Mr. Ltineove—l am the bro-
ther of the prisoner, Francis Britton. I was at his house on the
night in question. Four I the prisoners came in with ajar of
beer. They were the two Brittons, Peacock, and England. The
other two, Caine' and Whiting, came in some time after.
Cross-examined by Mr. PlilLPOTTS—Francis Britton was very
tipsey ; he was led in by two of the others. I was nearly as much
so, and fell asleep. I think Caine' and Whiting were a quarter of
an hour later than the others. England carries) the jar.
Francis Brain examined by Mr. Cross, said—l was at Francis
Britton's house on the night in question. I remember Peacock,
Ingram, and Francis and Isaac Britton coming in. They brought
a jar with them. I was very tipsy. The either prisoners, Caine'
and Whiting, came in soon after.
Crosaexamined by Mr. PHILPOTTS—They were most of them
very drunk ; Francis Britton wag led in. 1 stayed till about two
o'clock, and then went away with Peacock.
lidwant Lewis, examined by Mr. LUDLOW—I live at a small
house on the road-aide, near the Tennis-court. I went on the morn-
ing efter the murder to the place where the body wee found. 1
observed foot-marks. I found a post or pole lying through the
hedge. I took this post or pole to the landlord of the Tennia.court.
I saw it produced before the Magistrate.
Jonathan Ford, examined by Mr. ('toss—l know the prisoner,
Englund. I overtook him on the 27th of November, on Cadbury-
heath. He took a knife out of his pocket and began cutting Ms
nails, and I said " That is a pretty knife, Bob," and he gave it
into my hand, and a-ked what I would give for it. I examined
it. It had two blades, one large and the other small; ft had a
light handle, with a bump on one side; he said there were two
phlemea in the knife. I gave hint the knife agatn. I saws knife
at the Magistrate's. It was produced by Benjamin Britton. I
believe it to be the same knife, but am not sure. It was a knife of
the same description. The point of the knife I was going to
buy was not broken, but the one at the Magistrate's was.
Cross-examined by Mr. PHILPOTTS-1 could not speak with
certainty. I have seen one like it since.
Thomas Walters, examined by Mr. Ltioeove—l went on
the next morning to the place where the murder occurred. I ex-
amined the Gibbet Patch-field. There was much blood in the
road ; the mark of it was four feet long, and about ten or twelve
inches wide; that sou in the road, but when I got into the field
opposite toihat place, on the bank I saw marks as if two men
had sat there, and a little further on the bank as if a third had sat
there. There was also a foot-mark on the bank, which appeared as
if made by the foot of a person who had slipped, and if a person
had stood in that foot print and had held the clothes post in Ins
hand, he might have struck a man standing in tbe road where the
blood was. The hedge was damaged in that part. I afterwards
went to the Tennis Court public house. I went into die garden to
the place where the post had stood, and I found footsteps there,
which I traced to a stable. The mare of the shoes was evidently
of two men, as they differed in site. The large prints had two
nail marks on one side. I saw one of the prisoners on the same
morning, and on examining his shoe I found that it corresponded
with one of the sets of marks I found in the garden. It was the I
prisoner Osumi who wore that shoe. The constables produced
some other shoes, and I tried them. The nails all fitted the impres-
sions on the earth. Another pair I tried were remarkably short,
and had iron plates round the heels. They also fitted. The mark
of the place where the person had ant down was clearly made by a
person who had worn striped cord breeches. I did not observe any
more then, but on taking it up and going to a shaded light, I ob-
served a patch of a larger striped pattern. I saw this compared
with a pair of breeches, and they exactly corresponded in the
patch and every other particular. Those breeches were ptoduced
by the constable.
Croes-exantined by Mr. PHILPOTTS.—The garden is open to
all the customers of the house. It was not a garden but a field.
It was arable land. I found the marks quite perfect ten days after,
notwithstanding there had been a good seal of rain.
Thomas Fussel, examined by 3lr. tCaose—l went to the
Tennis-court on the morning after the murder. I went to the
place where the clothes posts were placed. I did not see any foot.
steps then. I went to the place where the body was found. I saw
foot-prints in the ditches. Ily the prints it appeared that the shoes
had been mended, and there were nails on one side. I also saw the
mark of where the person who had worn the shoes had sat down.
I afterwards went back to compare the shoes with the marks, but
the marks were all trod out before I could get back. I examined
the shoes of the prisoner, Whiting. They had been mended in
the sante way as the shoes which had rustle the marks. From die
site and every thing, I believe that those shoes made the marks. ,
I took Whiting Into custody ; he wore corded breeches that were
like the mark. I took them from the prisoner on the 6th December.
The earth with the impression of die breeches had been taken
away from the bank, and put in a room in the public-house. The
breeches of the prisoner, 'Whiting, had been mended with a larger
cord than the original pattern. I compared the earth with the
breeches and the size of the stripes, and the patch corresponded.
On the 7th of December 1 saw the marks of two pairs of shoes in
the garden; we compared the shoes with them. They were near
the place where the line-posts were taken from. Caine'', shoes fitted
the larger prints. I was present when Caine' and Whiting were
taken into custody. A:I of them were taken on the Sunday lthe
day alter the murder).
Cross-examined by Mr. Pal trot-Ts—lt was a wet season, and
this sou ten days afterwards. There was a good deal of rain and
snow on the Sunday night.
Mr. Ireeroas recalled—lt is a clay soil ; the place where the
mark was wax road dirt, thrown up against the banks. It was cut
away and taken to the public-house on the Sunday morning.
Gone Haskins, examined by Ale. Le Deow—l am a con.
stable. I apprehended all the prisoners on the •211:1 of November.
When I took Caine' I observed his coat it had blood sprinkled
!on the Rep. I said to him, '• You are the man that murdered the
man—here's the blood upon you. To this he replied, •• I slid not
do it, it is pitch from a boiler." 1 observed also two specks of
fresh blood on Whiting's coat, and a small spot on the waistcoat of
Peacock, which he said he had got fighting at Whitstunide. I
cannot say whether it was freah on either of the costs. Whiting
walked near a hedge, and complained of a scratch on the nose, and
put his coat up tot, but that made another and a fresher mark
than the other. I took off the shoes of Caine, and Isaac Britton.
I took the shoes to the garden of the puhltellouse. Caines's shoe
fitted exactly, but I did out observe the nail marks. There were
foot-marks in a direction from the garden to the place where the
body WO Oland. Britton's shoes fitted the other set et marks.
Cross-examined by Mr. Patteovrs—There were impressions
of other
epeopi
Fusel. le 's shoes
sthinere.
Santo
by Mr. Caosa,
sa
the constable. I assisted in takieg the prisoners to teheMllB72o*f

-

..~, T

:~__ -

trates. I oh-erred the blood on Whiting's coat; it was there bca
fore he scratched his nose.
Mr. Samuel Watts. examined by My. LVOLOW—I 11a,
surgeon. I examined the body of the deceased at the public hour{:
the lace was covered with mud; but on its being washed, I found
two wounds on the forehead. which had apparently been indicted
with a knife. There was a bruise on the nose; I also lound •
fracture of the skull, six incites in length from the right ear to the
thick part of the head. The pressure on the brain was considerable
it must have been done with great violence. This Pressure Wag
the cause of the death of the deceased. A pole or staff would hart•
inflicted such an injury. I have seen the clothes-post at the Tennis
Carnet—that is a sort of thing which would indict such an injury.
I saw a knife produced by Benjamin Britton; the blade was broken.
The resistance ofa skull might have broken surh a knife.
Ale. battidge produced the clothes-post. It was an oak pole,
about seven feet and • half long, and in the smallest part was as
thick as a man's arm. This witness also produced Gainer's shoes
One of them had two large nails at the outer edge of the sole, at •
distance from each other.
John Walters recalled, stated that those two nails appeared very
plainly in the Writs, near the post-hole in the garden, and in one
of the prints near the place *here the body was found.
The shoes of Isaac Britton were produced. They fitted the
smaller set of prints which were in the garden.
TheT shoesb breeches
301farik..blitt'itinigtinwg"weer e4droducuedCed; ;
thteyhe soles wen
wander'
mended at the aide.
brreches, with a patch on them of a larger pattern.
Thomas Fussel proved that the size of the cord and the patch
corresponded with the Quark on the bail.
The knife was produced ; it was a large two.bladed clasp knifes
with a white handle; the point of one of the blades had been
broken off.

John Walters produced the piece of earth cut off the b►nk ma
which the print of the corded breeches was. It had hccn placed in
a sieve fun of wetted !saw-dust. anti kept in a damp place ever since
the day after the murder. It retained the print tit the stripe.' of die
breeches, and clearly showed the size of the stripe, and also that tl
breeches had been patched with a piece of a larger pattern. •I'he
sieve and the piece of earth were examined by the Jury, and com-
pared with the breeches worn by the prisoner %Whiling.
The prisoner Whiting, when called upon for his defence, handr.sl
in a written paper. It prated that lie went home from the alehouse
Very drunk ; that he never had. any quarrel with the deeeased, but,
an the contrary, wan on friendly terms with him, and urged the
great improbability of his killing a man be had had no quarrel
with.

Isaac Britton said, that he left Ilia case to his counsel.
Caines handed in a written defence. He stated a string of cir-
cumstances, which went to ethnic that the whole party went home
together, and that the murder was done by one of them, whose
name the Judge ordered not to be read. His defence also stated,
that he and that other person took the pole out of the garden.
England, Peacock, and Francis Britton acid, they left their case
in the hands of their counsel.

The Learned Judge then asked if they had any witnesses? and
►Chiting desired that Benjamin Waken should be called. He was
called, and he said that he could not say much in favour of this pet—
soner's character.

211 r. Parker, a Magistrate, said, that he knew a little of the pri-
soner, Isaac Briton ; that he always bore a good character, and
had worked for the same master for nine years, and iu that time be
had only been absent from his work three days.
Mr. Justice Lir r tehatz, in charging the Jury, observed,
that if this murder was perpetrated by the peiseters all in company
together, they were all in law equally guilty, although one only
struck the fatal blow, and they must consider this question must
gravely. as this was one of the most dreadful murders that he ever
knew, for in no part of the evidence was there any reason to sup-
pose that there existed even the common excuse ( which was really
no excuse at all), that the perpetrators of the murder were actuated
by the desire of acquiring the property of the deceased, nor did it
appear that he had any quarrel with any person whatever. From
the evidence it appeared that the prisoner, Caine., and the deceased
had is sort of quarrel about the pounding of the horse, but that did
not seem by any means sufficient to be a foundation for what had
followed. The parties were all drinking at this public house, as
were many more, but it did not appear that the prisoners were mote
together than the rest of the men who were in the house besides,
and from the whole of the evidence it did not appcar that any great
animosity subsisted between these parties up to tile time of leaving
the public house, except as far as related to Caine.. The meeting
at Francis Britton's was not of much weight, as it was in evidence
that beer was taken there, and it was highly probable that whin the'
party were aware of that they would go there to drink it ; and it
was a matter well worthy of entice, that it appeared that all the
other prisoners came into the house of Francis Britten some
time befurs the prisoners ('sines and Whiting came in. ' They
must consider of the evidence, but though it should appear that
two of the prisoners did commit this murder, unless they were
ratisfied that it was some particular two of them, they must acquit
them all. [His Lordship then recapitulated the evidence of
Elizabeth Lewis and Elizabeth Ponting.l The finding oldie body
was also material, as was the finding of the knife at the sense
time, which would form a subject for their serious consideration.
[His Lordship recapitulated the whole of the evidenee.l It was
highly important to consider whether the marks of the shoes and
the breeches of Caine. and Whiting were those which had caused,
the prints near the body, and they would consider that with refer-
ence to those two being later in arriving et Francis Briton's than
the others. It was clear that the whole of the men did nut met by
previous concert at the house, nor did it appear that any plan we'd
formed there, and therefore lie would draw their attention to thil
different matters which affected the prisoners singly. The evidence
went to prove the foot-prints to belong to the shoes of the prisoners
Whiting and (*.sines ; they would consider whether they were sans.:
fled with that proof. The earth on which the print of the corded
breeches was had been produced. They would have on the
evidence to say whether they were satisfied that the prisoners oe
either of them committed the offence that was now charged vane,
them. Thee did not appear to be any previous malice existing in
the minds of the prisoners, and it was most strange that six, 0r.16.
deed any other number of men. should go out and commie a deli.
berate murder without some great inducing cause ; and, then the
question would be, whether they felt deluded of the guilt of tba
prisoners or any of them. With regard to Francis Britton and
Peacock, there did not appear sufficient evidence to charge then
with so great a crime, and, with respect to the others, they
must give the case their most serious attention ; but certainly the
evidence against the prisoners, Isaac Britton and England, was
mu .11 weaker than against Caine anti Whiting. as there were dr.
curustancts making for them as well as against them. His Lord-
sinp concluded a very elaborate charge (which occupied nearly four
hours) at ten minutes past eight o'clock.
The Jury, having deliberated nearly a quarter of an hour, found
Mark Whiting, Gadfly r Isaac Britton, Nut Gui:ty ; James
Caine', Guilty Robert England, Not Gritty ; Samuel Petteact,
Not Guilty; Francis Brietou, Noe Gritty.

The aeq_uitted pristine» then retired, and
James CairteS and Mark Inithis were alra::: pieced at the bar.
and

The Learned JODOZ, after a very impresstve address, sentenced
them to be hanged, and ordered them for execution on Monday
next.

The prisoners remained perfectly unmoved during the whole of
the trial, and did nut betray the slightest emotion on the senlict or
the sentence.

The trial !sated from right o'clock in the morning till nearly nine
at night.
SATUIDAY, APIIIL 9.

John Ward and John Hall were charged will breakiog into the
house of Charles Wilson, on the 23d September.
Mr. JUSTICE conducted the prosecution, Mr. CARRINGTQX
the defence of the prisoner Ward, and .31r. Wareox that of the
prisoner Hall.
Charles Wilson said-1 reside at Cheltenham, and carry en the
business of a tailor. tin the night in gumption my house was rob-
bed of two pieces of cloth. a piece of rough white cloth, and some
clothes partly made up. In consequence of info-rnstion I received,
I searched the house of Francis Ayres, at Gloucester., and there
found two bundles, one of which pmeitained the rough *bite cloth,
and the other the two pieces of cloth.
Cross-examined by Mr. CAIIRINOTOX-.I at first had Ayres
taken upon suspicion, but he was discharged.
Francis Ayres said-1 lire at a house no the road leading from
Gloucester to Stroud. On the day before Mr. Wilson searched my
house. The prisoner (Ward) left a bundle there. That was the.
bundle, containing the white cloth. Ile said he should irate its-
otherj and another was left while I was out on the same day, but
I don't know by whom.
Cross-examined by Alf. CAIMINOTON—I had known the per-
soner (Ward) before. He is a labouring man. He was always
cbeninsgid:earedt theTellistrrhion,efatlicaca-paiseaftpe:i,ese.comuindiacltlonustridtof:liugillsgo..edea....betnef:tl:BlcruteToeillertml).:llarotliatkitii)un;,,..at,thi3anineitydyclubil"routochare,iam
forttoh ewthmhi bundle dafl:cro
Elisha Jones said—l am a constable. I searched the Imigings
of the prisonm (Hall), and in a box there, of which his wife
produced the key, I touts the unbuished cloth, claimed by the
nllptuticessnosiuwit-wileirxii:reisdipeonebileoege ti:uhyasew,:sfohlte.cauwliscoa.'ialiise4ATSoN—l. only knew theta to be
trot bt:st°lhl;4lyetss talwlhhi er
provissee.iiiv.i.atailltilewanrlbiliwytahathset:otntio:teia:"naoodttbeil.
lairle.in:ithtehawtal leidstat tebl'igt
Charks Wilson being recalled, identified the propetty.
Crosskxstuined by Mr. IVaysoe—None of the articles hate
any mark, but I basun- the clotlits by my own cutting our.
er.r.s-eazroined by Mr. CARRINGTCY—ThottgIi I am an eun-
nem Challllll3S3l tailor. I WA tint the oa!y roan who keeps web .
, but for the snaking of Great tar's. It war
eatrub: gentlemen gre:st coats mask o; ts. t.:tit
niwthobionsoeuobtroufivitwerbtr,ffiyinlioetegenfensn:pienearfiltomcro:befpn:.t
.sb:c, but not so much so now.
Tne confessions of the two r•r,s.weri before the Mottoes e wets •
read. Hall by his confession completely admitted his guilt, but
Ward only contested being s
theirlse
_a,
d
left.Trtih,her p
eiir:l„ca•smidetrso e. e, said that tW/:.,
Verslict—Gal4. •
His Lott 111Sitir then sentence..; t,•ettl tc be transported fcir sere
years.
There were five otter charges of, burglary against thinly .
was utderamod that they io a gars wh Welted

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