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London, England, 1826-07-10 00:00:00

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their absence. Ile took the keys of his door up with him
into his heti-room, and nobody was with him in that bed-
room but his wife and himself. From the circtimstance of a cry of
" Murtha. I" being raised, It is fairly to be presumed that ha and
his wife had some quarrel. She celled out, particularly to the de-
ceased, and told him to come into the house, or elite she should be
murdered. The prisoner at the bar, at that time, had not the ktys
of his door, and it should seem that his wife bad locked him into
his room. The wife of the prisoner let in the deceased young matt
by a window, and when he entered, it seems, he took off the luck of
the back door, and let in the daughters of the deceased by that
means. By that time the prisoner had broken nut of his room, and
coming down stairs, struck a woman whom I shall call a violent
blow. The deceased, and other young men with him, wrenched
the stick by which this blow was inflicted from the prisoner; and
after that, tidiest the prisoner appeared to be somewhat tranquillized;
they were about to depart; hut one of the daughters requested they
would remain, "for frar," as she expressed it, "of another row.'
They bad come out of the kitchen into the passage at that time. Be.'
tween the kitchen and the passage there is a dour, which is only
hree-quarters of an inch thick. The deceased opened that door
sod looked iti. Ile saw the prisoner sitting in the cornet of the
kitchen, and saw him also instantly rise. A gun was over
his head. He saw him making an effort to reach it, and he
instantly closed the door. The prisoner almost directly fired
through the door, and the deceased fell dead upon the spot. It
is not for me to detail the expressions he used at the moment, be-
cause they will come best from the witnessea ; but lie used such as
clearly evinced that he had mischief in view. In doing my duty
upon the present occasion, I can have no earthly object but to act
honestly and humanely. It; under the dire( tion of his Lordship,
you can fairly and justly pronounce him not guilty of the crime
attributed to him by this indictment, there is no individual in Court
who will feel more gratification than I shall. There are, I must
state, other expressions used b, him after the fatal event, witich
by no means anew a remorse of mind, or any contrition fur the
fatal act. These, however, I shall also leave to be detailed by the
witnesses, and I am sure that by your verdict you will do that
juicier whiet will satisfy not only your own consciences, but the
laws of your country.
Charlotte Saadi was the first witness called. She lives at En-
sham; on the tight of the 17th of April last saw the deceased
(Thomas Maley), Richard Desist, Richard Cox, Joha Cox. and
several other persons; heard .Ire. Arnatt, the wife of the prisoner,
cry out " Murder 1" in a loud voice ; she said, "r Pray some of you
conic in, or I sleisl be murdered to-tight ; pray Thomas Maley
come in, or I shall be murdered." Arnatt was up stairs at that
time; Maley went a little nearer to the house; he then got over
the pales, and took the key trim llrs. Arnatt to open the door of
the little olden belonging to Mr. Arnatt; Maley unlocked the
gate, and went mm the house by the window; :Mrs. Arnatt pushed
up the window, having a candle in her hand.
Cross-examined—lt was rather dark ; several persons were in the
street, chi fly men ; they did not make a noise ; she did not hear
Arnett called names by any one, nor did they laugh at him; Arnett
was tip stairs, and came to the window and said he was locked in,
and if they (lid not come anti open the door he would jump out
af the window ; no one called Arnett " Teddy," or any other
nicknames.

111 are Ann Smith, sister of the former witness, corroborated ha
evidence.

Hannah, the wife of James Harpur, of Ensham, remembers that
on the night in question, Ann, the daughter of the prisoner, came
to her and asked her to go to his house; she went there, and found I
Mrs. Arran a•.d Mary and Elizabeth, her daughters. In a few
minutes Arnatt came down stairs, took a large stick, and struck I
witness violently. Mary Amen ran out, aid called in the young I
men, John Cox. Thomas Maley, end Dial. Da ; they entered,
and took the stick from him ; he gave the stick up to them ; ap•
peered to give it up quietly. Arnatt was then sitting down in is
chair; the young men then went out of the kitchen ; Arnett
desired the young men not to leave the house, for fear of another
row. The witness thinks Arnatt beard what his wife said. The
young men continued in the passage. Going in at the front doer,
ttie passage is straight on passing the kitchen. (Mr. Wyatt, of
this city, was queeioned by the Judge respecting the situation of
the premises.) The young men were not out of sight in the pas-
sage; witness remained in the kitchen. After the young men had
been out a few minutes, witness heard a whispering from the pas-
sage ; looked round ; did not see them ; there was only a email
candle; don't know whether Arnett could see them; he was sitting
in his chair, apparently e.ltn, but suddenly started up, and took
down a ettn. which hung on a beam in the house ; he said, " D—n
your eyes, I'll shoot you !" and then advanced towards a deal door,
between t •e passage and the kitchen ; he put the muzzle of the
gun close to the door, and almost instantly discharged it ; had got
the gun in his right hand only at the time he fired ; did not see it
put to his shoulder; it appeared to be a light gun. Prisoner !a
often troubled with the gout ; the door was closed ; the whole
charge went through the door ; when this happened there were only
I and Mary Rickeon present; he sat in his chair. with his gun in
hiss hand, and said. " his eyes, he had done for them."
Cross-exatninetl—Mary Iti,kson was in the kitchen at the time,
and she tried to prevent the gun from being taken down from the
beam t there was not the least struggle between the witness and
the prisoner. There was not a struggle with the prisoner anti Mary
Rickeon aster lie had taken the gun from the beam ; she put out
her hand against the gun. and was quite certain that Mary Rickiton
did not lay hold of his arm. Witness went into the house, when
lie was lucked in his room. Did not hear any one laugh or sneer
at him. Never heard him called Old Teddy. Ile was ill at times
with the gout, and very irri:able. Did not know exactly where the
you• g men were, when they went into the passage. Heard a whir
pert g. It atipeared 'o come front the passage.
Mare, the wife of William Itickson, a labourer, residing at En-
sham, was next called, and said, that on the evening of Monday,
A prill7, she heard a noise in the prisoner's house. Went in at
the feint gates, and proceeded round to the kitchen. John Cox
anti the derga-ed were wresting a stick from the prisoner. She
caught hold of his coat and set hint in his chair. She desired die
youne men to go out. IVe were all well known to each other.
Dot 't know where they went to when they went out. Wiped the
sweat off Arnan's face, and told him to be quiet. The daughters
were out of dents. Nu sooner did she (the witness) go away from
him, than he took down the gun. She baffled his hand to prevent
hint from getting It down. Whilst he was getting it down, he said,
s• 1)--.1 their eyes! I will make them fly.' The young men were
gone out; the prisoner went towards the door ; he was doing some-
thing to the gun, but witness did not know what. He was doing
something to the lock, and looking towards it. Both hands were
on the lock of the gun. Witness said, "Arnatt, don't shoot."
She was then behind him, and close to him. When he fixed the
gun fur firing, she caught hold of the colar of his cost behind.
Did not rut him hack. Was afraid he would turn round and
shoot. Did not touch his arm when the gun went off'. The gun
went off immediately. Knew site was sate. When the gun was'
fired she opened the door, and saw Thomas :tlaley falling to
the ground. Caught his bead in her arms. Said to Arnett, who
had gone into the kitchen, " You have shot poor Thomas Maley."
A tient came and looked at him. She said, " lie's dead enough."
Prisoner said, " Ah ! d—n them, they have no business on my
premises: I have slug hint now to my heart's content."
Crostwexamineel—Knew Arnatt well, could pacify him sooner
titan any other preset ; he is a passionate man at times ; is a man
of good actions. When she wiped the sweat off hie face, he ap-
peared to be in great agony. Tried to prevent him with her hand
from getting the gun. The gun went off immediately. When the
gun went off, his face was nearly in a line with t_r face; it nearly
touched her face; his eyes were not towards the door; when the
gun went off' he did not see the door.
John Cox went into the prisoner's kitchen on the evening of the
17th April last, followed by deceased ; saw Arnatt heating Mary
[lemur with a stick. They took the stick away from him; he
gave the stick into witness's hand, who hid it behind the door
Arrintt sat down in a chair. Witness, deceased, and Richard Davis,
stood by a little time. Mrs. Rickson requested them to leave the
house; they went out of the kitchen into the farther end of the
passage, opposite to the bakehouse door ; stood close to the passage
door; witness s back MRS close to the door-post; there was a little
confusion in the kitchen; deceased went forward, partly pushed the
door cm; witness saw a light from the crevice: saw deceased look
round the door, and then drew back; witness dial not go to the door
till after the gun was fired; the gun was tired immediately after
Maley looked into the room, and he fell dead immediately.
Cross-examined—When he ( !witness) first went into the room,
Arnatt was in a very violent pastel) ; the perspiration was flowing
from him ; never heard any one call him names.
Richard Davis—On the evening of the 17th of April last, fol.
loved Maley and Cox into Arnatt's house; caught Arnett by the
arm ; Ararat was standing up in the house, and began damning
their eyes when they went in ; was present when thestick was taken
front hint. Davis then corroborated the evidence with regard to
the death of Maley.
Mr. tVelchman, a surgeon of Ensham, proved that the death of
Maley was occasioned by a gun-shot wound; he took several
shots front the body of the deceased.
, This finished the case for the prosecution.
The prisoner put in a written defence. By direction of the Judge
it was handed over to his Coursed, Mr. Sergeant PEAKE, and Mr.
Rtrrestet., who perused it attentively for some time, when they
severally addressed the Judge, and stated that it contained so
much extraneous matter totally unconnected with the subject at
issue, that they could not recettunend the prisoner to have it read.
It contained the history of his life.
Jonathan Ford (the floe witness for the defence) reside.' at Ensham.
Is a neighbour of the prisoner. The prisoner is a small farmer and
mahster ; he has been acquainted with him since they were boys.
Malev's family and the prisoner's were intimate. Prisoner was very
kind io Maley's family; paid the same respect to the deceived as to
the rest of the family. Prisoner is kind and benevolent, not only
to his friends, but also to his neighbours ; is sure he would not de-
liberately deprive a fellow-creature of life ; he is hasty in temper,
but does not bear malice; he is a good-natured man to all his
neighbours. Witness always considered him a good-natured man;
he MRS always ready to do good.
William rending was a grocer at Ensham, but now retired from
business. 11'ns in company with Arnett, on the evening of the
murder, at the public-house near the bridge ; had been fishing with
him. Saw John Maley at the public-house ; he is brother to the
deceased. Heard prisoner express much concern for MN. elalev's
water being fished ' • he 'aid he relented Mrs. Maley's family.
John Maley was drinking with prisoner at the public-house for an
lemr. %Vent with Arnett to his how, and hat a bottle of goose-
berry wine, Prisoner was of a kind disposition, and a good neigh-
bour; he was not of a revengeful disposition. Winless had quar-
relled with him once, and he (the prisoner) forgave him.
Thomas Cox, uncle to Maley, has known the prisoner thirty or
forty wary. There his been an intimacy between his familyand
that of the prisoner. Prisoner was particularly kind to Maley'a
family ; occasionally accommodated them with team. Prisoner is

a humane kind man and a good neighbour; he is a kind-hearted
and affectionate man, and witness really believed of a forgiting
temper.
Richard Buckingham lives at Ensham. Has known the prisoner
twcn'y.six ortwenty-sever: years; has done business with lihn six-
teen years; his general character is that of a humane and kind
man. Al'itness stated that several of his neighbours were present
who would any the same.
Mr. Justice /117,1110t,011 then most distinctly read over the
whole of the evidente, making remarks, an they properly oc:torett
to him. Among his Lordatup'a observations, he said that, it the
prisoner, conariona that there were snore persons on the other side
of the door, through which he fired. dischaiged his gun • ith
malicious propensity, intending to deprive any hotly of life. the
case now brought forward was clearly murder ; but it apbearrff
that when the hot had been tired, there was no proof that any
hotly knew persons were on the other side. The prisoner had !di
face diverted front the ttonr throtodi which the shot passed, at the
moment the fatal trigger was pulled; and therefore, no predispn.
sirion to commit murder was eviiie( 1. The Jury were aware of
the distinction betwent murder and manslaughter, and of the latref
description his Lordship was inclined to think this case was.
Should any doubt arise as to the character of the crime, the Jury
were bound to pronounce a verdict of marialaughter, and acquit
the prisoner of the capital charge.
The Jury retired fur ten minutes, and then found a verdict of—.
" Guilty of Manslaughter."
Mr. Justice Ituttwou on then said that he wished every one to
understand the Judges had a power, under a recent Act of radix-
ment, to sentence any person convicted of manslaughter to trans-
portation for life. His Lordship did not deem it necessary to send
the prisoner lift of the country ; but it was absolutely necessary to
pronounce a punishment sufficient to deter future offenders of an-
governable tempers from the committing of like offences. His
Lordship, therefor:;• atenced the prisoner to one year's imprison-
ment in the county c;aul.

SATURDAY JULY 8.