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London, England, 1825-12-24 00:00:00

the boat attempted to get away. I distinctly saw something let go
from the beat, and Immediately heard a splash in the water. I
had &tinging buoy, with a sinker to it, in my boat, which 1 threw
overboard, to mark the spot where I saw the splash. I went along-
side on the starboard quarter of the boat, and asked her name. There
were six men on board. Some one of them said it was the Venus,
but I cannot ray which of them, nor in what part of the boat he
sat. All the men wore white smocks, or gaberdines, and the boat
was painted white. I took away the boat's rudder. I did not go
on board myself, but I directed my but to go to the stern, in order
to read its name, but all I could see was the letters " ston." I
then anchored my galley, and desired Howlihan to go on board the
boat, *ad directed a cable to be put into his hand, an I that he
should keep bold of it. I also ordered him to take his arms ; he
took his pistol, hut the boats separated being he could reach his
cutlass, and I said " Never mind it." Soon after I put liowli-
han on board an alarm was made from the shore, and I imme-
dircely rowed to shore, leaving How Mien on board the Venus.
This gentleman's further evidence was also pole poned.
Thomas Walton, a seaman of the Rattan, having confirmed
Lieut. Cole's statement, added—The man who sat at the stern of
the Venus was the prisoner. I had seen hint before that several
times when I was stationed at Fort Southward. I knew his per.
sou well ; I did not know his name. Lieutenant Cole asked the
name of the boat ; the answer was, " The Venus, of Folkestone,
John Butcher." The person who gave the answer lan the
steersman, the prisoner ; he was sitting in the steerage. I laid
hold of the boat's quarter ; the prisoner laid hold of our galley ;
the prisoner and 1 were thus close to etch other. lie wore a
white gaberdine end black hat. One of the hoat's crew put his
foot into our galley, and said, " Are you going to take us into
your boat ?" lieutenant Cole answered, m. No, not yet, till I have
got your tubs up." I don't know who that man was. John
Shearman gave Howliban • pistol after Howlihan had gore on
board the boat; this was the only arms Howlihan had. The
prisoner handed the rudder of the Venus to Lieut. Cole, at Mr.
Cole's desire. We had a creeper on board our galley to raise up
tubs ; a creeper is an iron instrument, with prongs, to drag the
bottom of the sea. While we were lowering the creeper, we heard
an alarm on shore, a pistol shot. Lieut. Cole then ordered us to
haul the creeper, and to row to shore. We did not raise the
anchor; Howlikan held the cable of it in the other boat. We
rowed to shore, and found four tubs of spirits there. We heard some
men running up the beach; we pursued, but did not overtake
them. We then returned to the beach, and Lieutenant Cole with
three men went on board the galley and proceeded to sea. I re-
mained on shore with the spirits. I was sent to the beach at two '
o'clock the following morning, by lieutenant Cole. I found the
body of John Howlihan lying on the beach at a place called the
Branket Bay; the body was quits dead. I removed it up to high-
warier mark, beyond the reach of the tide, to the top of the
beach, and left it on the station of • man who was posted there.
Next morning, about nine, I saw the body again, after it had
been brought to our boat house. The surgeons examined it there.
I had returned about five o'clock in the morning to the place where
we had let down the anchor and buoy. I found there the sinker
belonging to the buoy, the anchor, and part of the cable. The
cable had been cut. The buoy had been cut away also; it was
gone. I found 34 tubs of spirits near the anchor, and an enter.
There were five other men beside the prisoner and Howlihan in the
boat Venus. I gave a description of the prisoner nest day to one
of our Lieutenants, Mr. Helland, and to John Shearman, one of
our men. The next time I saw the prisoner was on Thursday, the
13th, on Folkestone Pier, between three and four in the afternoon.
A man named Mathews, who was along with me, laid hold of him.
I said, " you are the man I want." The prisoner attempted to get
away from Mathews. I then came up, laid hold of him, and said
I seized him in the King's name. lie said he would not be taken,
and struggled to get away. His clothes were torn in the struggle.
His hat tell over the pier. We succeeded in detaining him.
Croat-examined by Mr. ADOLPIIU s —There are many white
boats at Folkestone. Sometimes • wrong name is given by boats
when spoken to in the night. I left Fort Southern, where I
become acquainted with the prisoner, in June last. I saw him
there a week before I left it. I examined his boat then. I did
not know his name. I had no particular conversation with him ;
I only asked him to allow me to examine the boat in which he
was. The night of the 9th of October was rather dark ; there was
moonlight ; it not very dark, I could see 20 or 30 yards off. There
was a little rain ; quite light enough to ate a man's features, if
close to him. I dad not mark the face of any other of the boats' ,
crew, so as to be able to recognise it again. The prisoner's face I
I WAS close to mine. All but one had white gaberdines; all wore I
white hats. lam positive the prisoner wore a black hat. a glazed
one. The spot where we left Howlihan in the boat was 200 yards
from high.water mark. I was not the first person who saw the
dead body ; it was lying on the back, on sand and stones, as if it
had been washed in. I did not say before the Coroner that I saw
and knew the prisoner. I was not then asked a question about
the prisoner. The body of Howlihan was buried on Wednesday.
If the body had been heaved overboard on the spot where we left
the boat it would not drift so high up shore. The place where we
arrested the prisoner was quite public, resorted to by a great num-
ber of persons. The finding of the dead body was then well known
at Folkestone, yet the prisoner appeared there, walking uncon-
cernedly. I did not know till after I bad given evidence, and left
London, that a reward had been offered for the discovery of the
murderers.

Lieutenant Cole was recalled, and examined by the SOLICITOR.
GENERAL.—When the alarm was given I went on &here. Two of
my men had been assaulted. One of the men in the boat asked me
if I intended to keep them all night, using a vulgar epithet. I said
I would till I got the tubs out. 1 took away therudder of the
Venus, and kept it ever since in my possession. I chaced the
panics on shore for about twenty minutes. I left NVaion on shore,
and pulled off shore in search of the boat ; remained in search till
one o'clock. but I did not find her. Made signals with flashes of
powder. Not having found the boat, I returned to my station,
No. 27, Tower. I saw the body of the deceased about
nine o'clock in my boat-Rouse; the boat's crew took it there. Went
to Folkesmne on the 25th. Messrs. llligh and Randolph, surgeons,
examined the body in my presence. I saw at Folkestone a white
boat, with " Venus of Folkestone" on her stern. I went to Folke-
stone on Wednesday ; saw the Po also. The Venus corresponded
wi h the boat be saw on the night of the 9th Oct. The rudder which
was then in the Venus did not correspond ; it could not traverse
freely ; it did fit the Po exactly. The witness proved that the rud-
der he had in his possession fitted and exactly corresponded to the
Venus. and that to the Venus corresponded and fitted to the Po.
The two boats were differently painted. The buoy was sunk ten
or twelve miles from Folkestone. Might take two hours to get
bark, with wind and tide favourable.

Cross-examined by Mr. Baongaicx—l took the rudder froth
the boat I came up with, to disable her. She could be steered with
an oar. No rails in the Venus. The body must have been thrown
overboard near the shore. Ile got possession of the rudder. One
of my men took it to my quarters. The man could not have
changed it.
John Shearman was next examined by Dr. ARNOLD—Found
some lines and bread and cheese in the boat ; said to Shearman in
the boat, before I went ashore, that I should know the men
again. I cannot say Lieutenant Cole heard me ; I saw Lieutenant
Cole ten minutes after I saw the body of deceased; I did not then
tell him I should know one of the men. 1 was examined before
the Coroner; I did not say, on that occasion, that I should know
one of the men. It was nearly high water when we came up with
the boat. The flood tide flows to the eastward, the ebb to the
westward ; it was half ebb tide when I saw the body. I saw the
prisoner on the Pier of Folkestone. It was publicly known that a
man had been killed ; never heard of any reward.
Patrick Doyle examined by Mr.teiracE TWISS—I went out
to sea with Lieutenant Cole. I the rudder taken from the
Venus to Lieutenant Cole's quarters.
Lieutenant Mlatiod examined by Sir C. ROBINSON-1 am
stationed at Mlddlestoke. On the 9th October, 1 observed firing
to the westward of Mr. Cole's station, and proceded with Juhn
Hardy to the eastward. I heard a shrieking noise—a man's voice;
also a noise of oars, and such a noise as persons would make by a
fight taking place in a boat among a parcel of men. It was very
dark.

Thomas Carrick examined the SOLICITOR-GENERAL-1
am in the preventive service, and am stationed at Blanket Ray. On
the 9th October heard a noise; shortly after saw a boat pulling in;
beard wine of the men say, " heave him out ;" saitl, by more than
one voice; heard nothing said against it; the boat was about
thirty yirds distant. It was • white boat. Heard a pop in the
water. The boat immediately pulled out to sca.
On hie croas-examiaation he said he was never at sea. Knew
nothing of the phrase " heave about."
!Bichsel hfahnny examined—This witness's testimony was
merely to identity the body of the deceased. He saw the body on
the 9th October. Ile took charge of it.
Thomas Johnson sworn—l relieved the last witness. heft the
body on Me beach at three o'clock in the morning.
Thomas O'Connel, examined by Sir C. lion' xsox.—l relieved
Johnson ; kept charge of the body till six o'clock; Thomas John.
son relieved me.

John Taylor being sworn, said he waisted to take the body to
the boat-house.

Alexander Blighe. examined by the Sot ICITOR-GENEDAL—I
lire at Dungeness. I examined the body; I noticed several bruises
on the temple; saw several minute wounds; I mean wounds of
small latent. I saw no wound that could in my opinion cause
death ; there was an exubetance of mucus from the mouth, and
some coagulated blood about the head, which I think proceeded
from the wounds on the temples. The instrument that caused the
wounds must have had a triangular point ; the body had the ap-
pc:Jaime of having been immersed in water: the wounds could not
bane been produced by friction against the shingle. nor by the fall.
John Randolph, surgeon, examined by Mr. Twtsa.—l examined
the body; it had the appearance of suffocation by drowning. The
wounds on the temeles were caused, in my opinion, by a weapon
with a knotty irregular surface.
A difference of opinion prevailed between Mr. Adolphus and the
golieitor-General, as to the propriety of proposing a question to
the. witness as to the description of weapon that was useJ, and
which Mr. Adolphus characterised as a means •• to trick a man out
of his life." Tbis expression was warmly resented by the Solicitor-
aeneral, who said h 2 disdained, heats' (runt him to an MIMS_
aurabie distance su foul and calumnious an imputation.

Mr. Anotetrus expinined. He said he had no intention to
give offence to his Learned Friend. He could not think of casting
such an imputation on a gentleman he had kuown for many
years to be always distinguished for the strictest honour and In-
tegrity.
The examination of the witness being resumed, be said that he
could not positively any the wounds were not produced by the
shingle of the beach.
John Walsh examined by the SOLICTTPR-GTNERAL.—I was
at Folkestone in October last ; am in the Preventive Service ; was
ordered to watch whit boats came is saw the Vous ; she was s