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London, England, 1824-08-23 00:00:00

but he thought they would find it a difficult task to make up their
minila as to the state of the prismer's intellects at the time. lie
could wore them he did rot appear before them that day advo-
cating one aids of the question. God forbid, that on this or
on any other occasion of so grave a cast as the present, a bias
should be charged upon him. /Ins anxious wish was to pre_
sent the circumstances connected with this distressing transaction '
fairly Wore them. He washed to state every thing as fairly as he,
could fur the unhappy man at the bar; and above all, he wished to
conceal no fact that could bear favourably upon his case. lie could',
assure his learned Friend, who was ecotone' for the primmer, that
if any thing were omitted by hint (Mr. Coleridge) that could not be
eor.strued favourably for the unhappy person who was the object of,
the present inquiry. it would not be omitted intentionally by him, I
and he should be obliged at lining reminded of it. He entreated of
the Jury, in this grave pomading to consider well that they had a
solemn duty to perform to the public, in pronouncing the prisoner
guilty, if they believed him of sane mind at the time he deprived
Ann Taylor of life (for that Marshall committed the act there
could be no doubt). They were not to be drawn aside by any false
notions of humanity; they were not to be led astray by am idea
they might entertain of his bring under the inetience of liquor at
tl.e time, for that was no excuse for the commission of such a
crime. They were not to take into their view any thing they might
have heard of the previous aberrations of his mind ; but, on the
other hand, they were not to look with apathy on the infirm:kw of
' human nature; and they were well to consider, that if the prisoner
was seen slightly afflicted with the greatest of all calamities that
could befal the human species, on the morning of the twenty.
eighth of June, the subsequent circumstances of that ill.fated
day were but little calculated to tranquillize the wretched man's
mind. They mast, at all events, bring strongly before him
the changes arid chances of this world ; for he rad seen'
the beloved child of his bosom gone front this life to a better—ha I
had seen the body of hie infant stretcher' out upon the lap of the'
unfortunate woman, who was herself in a few minutes doomed to be
a corpse. The Learned Gunn:man that gave an outline of the
cam, as it afterwards appeared in evidence, informing the Jars
that th• prisoner at the bar had formerly been a corporal in the
Royal Marines, that he had been discharged from that szrvice about
ten years since, and Lad resided during that period at liroaddist.
In adverting to the law that bore on the case, he particularly referred
to the npittion of Lord Illie, and observed, that that illustrious man
and em anent lawyer, who was not more conspicuous for his knowledge
of the laws of his country than he was for his intimate acquaint-I
ranee with human nature in all its varieties+ anti workings, had said, 1
" blast penuma, felons of themselyea and others, labour under a I
partial degree of Muutity at the time they commis tittle oflimees,
and it is hard to define the invisible line which separates perfect
troth imperfect sanity. The circumstances of each case must be
duly weighed by Judges and Juries, lest on the one hand a kind of
inhumanity be shewn towards the defleieneins of hutnaa nature, or,
on the other, too much encouragement be given to the commission
of great crimes ; but it may be inferred that a person with the
powers of mind of a child of IS years old is capable of committing
act, of treason, munler, An." 'they would recollect that a person
under temporary derangement from the influence of liquor was not
irresponsible for his act,. Whether the wretched man at their bar
was mentally afflicted be :and that point WWI the question they had
principally to consider. That the prisoner killed Ann Taylor there
could be no doubt, but to pronounce that fact was comparatively a
light task. After that came the anxious and awful inquiry—was
he guilty or not guilty of the murder ? That this must be deter-
mined upon the proof that would be produced of the previous state
of his mintl,must, lie knew, weigh heavily upon those whose duty it
' would be to pronounce upon it. He was quite certain they would
I aonszientionsly discharge their duty to the public, and humanely
look at every bearing of the prisoner's case, and with that impres-
sion upon his mind, without further ointment, he should proceed
to call the witnesses in support of the afflicting case it had been his
painful duty to open to them.
Grace 'lnnis sworn.—l live at Brcaulelist. I know William
Marshall ; he lived there. 'and has done so several years; he is a
married man, and one child living. On the ?.Bth June 1 saw him at
a quarter before seven in the morning going down the road. He
ailed to me and asked what o'clock it was. I told hint it wanted a
I quarter to seven. He said he was gin. g to Ilunitun Clist. He
said he thought that was just the time; he made no stop.
Elizabeth Hawkins sworn.-1 live at Broadelist Heath. I know
the prisoner. I saw hint at the Zith June. I via 'going from
Exeter in the evening of that day. I met him not quite half way
between the Heath and Exeter. I saw Win a little distance before
I overtook him, and observed him. Ile appeared rather tipsy.
I When I came to hint, he turned himself about: I asked hint
how he did, and how he found Lis complaint in his head. He
said, no better, Mrs. Hawkins, richer worse. He said he was very
in iiic night before, he thought lie should have died. He said he
had been after leeches to apply to the child's head, who 1114 S very
ill. When I came up to him. and saw his countenance, I thought
lie appeared different to what I had seen him before: I thought it
might have been the complaint in his head that made hint look so,
but I could not tell whether it was liquor or the complaint in his
head that made his countenance look so end. It struck me very
forcibly there was something more dint common that ailed hint.,
My judgment inclined me to belies:. that his extraordinary op-
perance arose from the complaint in his head rather than from
liquor. I have suffered from such a complaint myself, and I told
my husband when I got home that I had been 31andiall, and that I
could not tell whethbr he was in liquor or not, but I thought Lis
head must be bad. .

Richard Boucher sworn—l live at Broachlist, and know Wm.
Marshall. I saw him on the 211th June, about half-past two. I
was wothing in the road between Exeter and Ilroadclist. The pri
soner came to me and made a atop. He said he had been a bad
boy, and had stopped too long; he said he had • child eery ill lie
said he had been to Exeter for some leash wormer, and had drank a
little drop too much, and putting his band to his head, he said he
felt it there. Ile was with me about ten minutes. I perceived he
had thank a little, but the Stan was able to walk.)
Ann Newton sworn—l know Win. Marshall and his wife per-
feztly well; I know the house where they reside perfectly well. On
the 28th Juno they had a lay three years old, ill. On that day I
was working near Marshall's house, and was requested to conic to
the cottage to help to nurse the child. I saw Marshall conic in;
he did not say where he came from ; he brought four keches. The
child was on my lap. lie asked me bow the child was ? I told
him he was very ill, past all hopes of the leeches being of service to
him. Ile said he hoped not, kissed the child, and wept bitterly.
The child's complaint was the croup. After he kissed the child he
went out of doors weeping. I then applied the leeches. Ile
pinged his hands and seemed in deep affliction. lie was absent
about a quarter of an hour. lie was called back by his wife, wilt,
asked him if he had brought any bread from Exeter? Ile replied
no, and she desired him to fetch some out of the village to make
poultice for the child; he went out of the house. I then went away
and sent a girl to nurse the child. I returned about seven o.cloek.
When I had given the child to the mother he put his hands on my
neck and said, what lie had seen at Exeter was indescribable; lie
had seen ten fields thrown into one, and the houses turned upside
down, and he was obliged to walk on the top or the bottom of
the city; I can't tell which he said. I afterwards saw prisoner
in a neighbour's garden looking stedfast on the ground ; I had no
conversation with him. I did not stay at that time at Marshall's five
minutes, When I came out he was in the court leaning against a
pile of reed, with his head upon his hand; he did not turns and I
did not speak to him. I returned a third time to Marshall's, shout
nine o'clock. When I came into the house I found Attn Taylor,
the deceased, with the dead body of the child on her knee, Susan
Thorn, Jane Marshall, his brother's wife, Jane Troute, and a little
girl named Pollard; prisoner's wife was also there. Marshall, 1
ant confident, was np stairs at the time. I saw him up stairs, and
went up, on hearing his wife intreating him to go to bed. I heard
him say, "Lord have mercy upon me! Lord have mercy upon
me!" in a very doleful tone. Upon this his wife took a candle,
and went up stairs with the prisoner. I heard his wife say, "My
dear life, where are you going ?" The prisoner made no answer,
and his wife again intreated hint to go to bed. I then in.mcdiately
went up stairs. William Marshall was standing between two beds
in his shirt, with his small-clothes in his hand. I went close to
him and said " William, for Hod's sake, go into bed, and lay down
and be quiet." lie then said, "I can't bide here; I must rise
and go out of it." It was at this time quite dark. He then got
dressing himself in Feat hav'e. His sister-in-law, Jane Marshall,
then came up, and intrested of him to be quiet. lie then said to
his sister-in-law, throwing his two arms about, " Yen, you know
aIL" I then saw lie hail a sore place on his neck, where the blister ,
had been taken from. I put the plaister again to the sore place, I
and he pushed me with his arm to clear his way through the I
room. He finished dressing himself, and went right to the
sia:rs. When half way down stairs he said, " Owe me my
hat," in a very doleful manner. lie came into the room down '
main. I saw him with his hat on his head, in the room below.
11. seemed to be going towards the doer, but he turned and
went to a corner of the house. ll'llen I saw hint again, hetad
the shovel on his shoulder. It was a long-stemmed shovel.
lie was going then towards the door. Ann Taylor then jumped to
him and catched him by the ann, and his wife on the other side,
to prevent his going out. Then all the women in the house ran
away, saving me and his wife. The prisoner had struck his wife
with the shovel before they ran away. When they were all gone, I
thought he was going to strike his wife again, and I said," Mar. !
shall, don't kill your wife." He then lifted the shovel to me. I
held my arm up to save my head. He then struck me two or three,
times on the shoulder with the stick of the shovel. Ile then ran ,
away. lie never spoke a word after he said, " Hive me my hat."
I rose and ran after him, and his wife with me. When we gut to
the Exeter toad, we heard the sound of the shovel. We thought
he was beatirg it on the ground as he was running after the people.
We heard the sound of the shovel forty times at least. We had
not then heard any outcry. I then ran on, and came, as I sup-
pose, within a short distance of Marshall, but it was tory dark, and
I heard a forcible blow. I then ran back tower& Marshall's!
house, and stood and listenel I heard people talking. and then I I
was afraid to go forward again. I saw in toy ways woman's bun-
net, and on going a little farther I saw the dead body of a woman. I
I afterwards found that it was Ann Taylor's body.
Cross-examined by Mr.TY an EL—For the last three or four years
the prisoner has done scarcely any labour in consequence of a coin •
plaint in his head. I visited him when lie was on his be' at differ-
em times with a complaint in his head. I know he has been for
weeks in the hospital at Exeter fur it. lie was seldom seat with.
oat a bandage roamd his head.

lie-examinetl—Tnelri;oner was never under restraint. He had
repeatedly epileptic tits, one of which generally continued a quar-
ter of an hour. He would not then commit acts of violenre.
By the Cottrv..—After these Ms he was not long in recovering
his senses. He was a gnotl-nstured man, and a Lied father. They
gave hint medicine on the night of the 211th June. He bad no sup-
port but from the parish.
Jane Aland:ell sworn.-1 live at Brcadelist. The ?Thinner is my
brother.in-law. Ann Taylor and myself were in Ins cottage, at.
tending a sick child on the '.71111 June. I remember his going up
stairs to bed; his child was alive at that time. His wifa desired
kim to take his medicine and go to bed. I saw hint take medicine
and go up suits. He was there about an hour. I heard bin' at
the end of that time, says " Lurd bate mercy upon me !" I was