The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-26 00:00:00

REMARKABLE TRIAL FOR MURDER.

The following singular case is at present the subject of
dramatic representation at one of our minor theatres (the
Coburg). I'he narrative is extremely interesting, as ex-
emplifying that eitvionstantial evidence, even when ap-
parently the most conclhsive, is not always to be relied
upon as infallible. It happened in the year 1674. The
reader will find the account df it In the Gentleman's Mer-
azfne f. r 1762.

" In the reign of Queen Elitabeth, A person wet It
mit:tied before Sir J.tet as men, Lord Chief Justice of the
Court of Common Pleas, upon en indictment for the mur-
der of a man, who dwelt in the same parish with the pri-
soner. The first witness against him depostd, that off a
certain day mentioned by the witness, in the morning, as
he was going through a close, finch he particularly de-
scribed, at some distance frotti the path, he sdw a person
lying in a condition that denoted Ishii to be either dead or
drunk ; that he went to the party, and fohnti him actually
dead, twd wounds appearing its hiS breast, and hid shirt
and clothes much stained with blood; that the'woundpap-
peared to the witness to hate been giVen b' the puncture
of a fork or some such instrument, and looking about he
discovered a fork lying hear the corpse, whirls he tbok up.
and observed it to be marked with the initial letters of the
prisoner', name; the winless at the same throe produced ate
fork in Court, which the prisoner owned to be his, and.
waved Liking the witness any questions.
" A second witness deposed, that, on the Morning of the
day on which the diceased was killed, the witness had
risen early with an intention to go to a neighbouring mar-
ket-town, which he named; that as he was standing in the
entry of his own dwelling.house, the street door being open,
he saw the prisoner come by, dressed in a shit of clothei,
the col Cur and fashion of which the witness described ; that
he (the witness) was prevented from going to market, arid
that afterwards the first witness brought notice to the
town, of the death and wounds of fhe &ceded. and of the
prisoner's fork being found near the corpse; that upon this
report the prisoner was apprehended, and palled before I
Justice of the Peace, whom lie named and pointed at, he
being then present in Coat ; that he (the wit-ness) followed
the prisoner t 3 the Justice's house and attended Iris siamiz
nation, during which lie obseri.'ed the exchahge of raiment
which the prisoner had Ode erste the time lehen the wit-
ness had first seen him in the Molting ; that at the time bf
such examination thf prisoner was dressed in the same
clothes which he hail on at the time bf the trial, and that
on the witness's charging him with having Clanged his
clothes, he gave several shufiling.atfitters, unit ,dUld have
s
denied it ; that upon the witness mentioning this clienm4
stance df the change of dress, the Justice granted 4 war-
rant to search the prisoner's house for the eldthes &scribed
by the witness as having been put off sine the inclining ;
that the witness attended and assisted dt the search, and
that after a nice inquiry for two hours and upwards;. thd
very clothes which the Witness had described *etb disco=
vered concealed in a ttras‘ bed. He then produced die
bloody clothes in court, which the prisoner ostned to Ist
his clothes, and to have been thrust into the sod* kJ
with ail intention tbtonceal them, On acconfit of then being
Ulootly.
"The prisoner also waved diking this second Wilms
any questions.
" A third witness deposed to his baiting heard the pri-t
soner deliver certain menaces against the deceased, from
whence the proseenia intended to infer ri proof of' malice
prepense. In answer, to which the prisoner .proPcseed cer.;
tam questions to the Court, leading to a discotery of the
occasion of the menacing expressions depoled to; and from
the witness's answers to those qinstiorls, it apPeired that
the deceased had first menaced the prisoner.
" The prisoner being called upon to make his de?ence,
addressed the folldWing narration to the Court, as containing
all he knew concerning the manner and circumstances of
the death of the deceased, vie ; " That he tented a dose in
the same pariah with deceased; and that the decertSed rent.:
ed another close adjoining to it. Tlitit the only way tai his
own close was through that of the tieeessed, and that on
the day the murder sn the indictment was laid to be com-
mitted, he rose early in the morning, in order to go to
his band. -

work in his close, with his fork in and pawing
through the deceased's ground, he observed.a min It some
distance from the path, lying dowfl al if dead ot.drunit ;
that he thought himself hound to tee what .totiditinn the
person was in, and upon getting up to him he &Una hint
at the last extremity. with two wounds in his brealt, frinitt
which a great deal of blooi had issued; that in order to
relieve him he raised him up, and with great dtfficulty set
him in his asp—that he told the deceased he was greatly
concerned at his unhappy fate, and the more so as there
seemed to be too much reason to apprehend he. had beteg
murdered—that he entreated the deceased to discover,. ie
possible, the occasion of his misfortune, assuring him be
would use his utmost endeavours to do justice tO his efsfili
ferings; that the deceased seemed to be tensible of what
he raid, and in the midst of his agonies attempted; as he
thought, to speak to him, but being itiied with a ruffling
in his throat, after a liOrd struggle, he. gave It dreadful
groan, and vomiting a great deal of blood, some Of which
fell on his (the prisoner's) clothes, he expired in his anus;
that the shock he felt on account of this accident wits not
to be expressed, and the rather as it was well kncittn that
there had been a difference between the deceased and him-
self, on ',filch account he might possibly be inspected of
the murder ; that he therefore thought it advisable to
leave the deceased in the condition he was, end to take no
farther notice of the matter; that, in the confusion he Was
in when he left the place, he tdok away the deceased's
fork, and kft his own in the moth of it, by the side of the
corpse ; that being obliged to go to his work, he thought
it best to shift his clothes, and that they might hot be
seen, he confessed he had hid them in the plate where
' they were found ; that it was true he hail deified before the
justice that he had changed his clothes, le:ng conscious
that this was an ugly circumstance that mi;lit be urged
against him, and being unwilling to be brought into
trouble if he could help it; and concluded his story With a
solemn declaration that he had related nothing but the
truth, without adding Cr diminishing otie tittle; as he
should answer it to God Almighty.' Being then called on
to produce his witnesses, the prisoner answered with a
steady composed countenance and resolution of voice, Ile
had no witness but (god and his own eonseience:'

" The Judge then procadcd to deliter his charge, in
which he pathetically enlarged on the heinousness of the
crime, and laid great stress on the force of the evidence.
which, althOugh circumstantial only, he &hilted hr
thought to be irretistible, and little inferior to the tnost
positive proof ; that the prisoner lied indeed rooked up :3
I very plausible story, but if such, or the like allegations,
were to be admitted, in a case of this kind, no MUrderet
would ever be brought to justice, such bloody dee& being
generally perpetrated in the dark, Ind with the greatest
secresy ; that the present case as exempted, in his opi-
nion, from all possibility of doubt, and that they ought
not to hesitate one moment about finding the prisoner
guilty.

" The toreman begged Of his Lordship, as this *as s
case of life and death, that the jury might be at liberty tt.:
withdraw, and, upon this motion, an officer was sworn to
keep the jury.

ame on
jaug eTthhiainsv ittn:geiai an:
verdict,
ct taiahte night,
tnorssti
g inniftheexpecting
morning, the returninti 6
thetole:titeu
sastjinuimierpdye ,fmlovarioitulaalndl
saf‘rosysltel,rnaseittthnhateiltaitetinilreo:it.ole,gffiibei
re officer
for inquirettohem
to. themsonie t6hfitthebriii
tune to have a forerhan that proiu•oeilt
fthtothaetbieritaba(*sianliguYtllillataittriinntisiciteasninocote-1
of the most inveterate obstinacy, who having taken up a
different opinion from them, was unalterably fixed in it
The messenger was no sooner returned, hut the, complain-
ing members, alarmed at the thoughts of being, lictrt under
confinement all the night, and tic pairing of bringing their
dissenting brother over to their own way 6f thinking;
agreed to exceed to his opinion, and having acquainted ban
with their resolution, they sent an officer to detain his
lordship a few minutes, and then wolf int 6 court, and by
their foreman brought in the prisoner not guilty. His
lordship could not help expressing (he greatest surprise and
indignation at this unexpected verdict, and, after giving
the jury a severe admonitinn, be refused to record theft
verdict, and sent them bark again, with directions that
they should he locked up all night, Without fire or candle.
The whole blame was publicly lard on tbe foreman by the
rest of the members, and they spent the night in loading
him with reflections, and bewailing their unhappy fat. in
being associated with so hardened a wretch ; but he no.

taahmeLquite isitexible, eoweteedy declaring be tinned ettf-1
fee deeds, rather than change hisopinion.
" Inseam as his lordship case* into court the next morn-
lig, -lbs seat again to the jury, on which all the eleven
;aerobes' kneed in resenting their foreman to go again
into tenet, issanting kiwi/ley weld adhere to their former '
vtrliet, whatever was the eiosegneuce, and, on being re-
laut.eted with their former inconstancy, they promised
sever to,dearst or recriminate upon their foreman any more.
Lipari thaw sentences, they proceeded into court, and again
arogglat.iisthe prisoner not guilty. The judge, unable ss
eqsabsi hinrage at a verdict which appeared to him in the
moat ituguitois light, reproached them with the severest
eeriest**, end dismissed them with this cutting rcilection,l
Dug 4Ae blood qt. tie deceasefilay at their door.
" i e prisoner, on his part, fell on his knees, and with
tqlliftr, *yes and hands, thanked God for his deliverance,
and silti.rearigg himself to the judge, cried out Yoe. see, my
,Lord, that Clod asd a good coaseieace are the but of wit*
IlielSei.
" '1 hese circumstances made a deep impression on the,
mind of.thejudge, anti, as soon as he was retired frank
court, tie entered into discourse with the high sheriff, upon'
whist-Awl, pelted, and particularly examined him as to hie
knowledge of this leader of the jury. The answer this
gentleman eve his bordship was, that he had been ac-
quainted with him many years—that he had an estate of
his own of above 301. per annum, and that he rented a ve
considerable farm besides—that he never knew him cha
2:3
with an ill action, and that he was universally esteem in
his neiglihourhoOd.
" For further information his lordship likewise sent for
the minister of the parish, who gave the same favourable
account of his parishioner, with this addition, that he was
constant churchman, and a devout communicant.
" These accounts rather increased his lordship's per-
plexity, Picini which he could think of no expedient to
deliver himself, but by having a conference in private
with the only pees** who could give him satisfaction.
This he desired the Slieriff to procure, who readily iaffered
his services, and without delay brought about the limbed
interview.
" Upon the juryman's being introduced to the judge, hhi
• lordship and he retired into a closet, where his lordship
opened his reasonsfor desiring that visit, making no scra-
pe of acknowledging the uneasiness he was under, and
conjuring his visitcr frankly to discover his reasons for ac-
quitting the prisoner. The juryman returned for answer
that be had sufficient reasons to justify his conduct, and
that he was neither afraid nor ashamed to reveal them, but '1
Asia, lit had hitherto locked them up in his own breast, 11
and was under no compulsion to disclose them, he ex-
pected
his lordship would engage upon his honour to keep
what he was about to unfold as secret as be himself had 1

a

&one; which his lordship having promised to do, the jury-
man then proceeded to give his lordship the following
account :—' That the deceased being tithetnan of the
parish where he (the juryman) lived, fie bad, the morning
of his decease, been in his (the juryman's) grounds amongst
his corn, and bad done him great injustice, by taking
more than his due, and acting otherwise in a inostsrbi-
teary manner. That when he complained of this treat-
ment, he had not only been abused with scurrilous language,
but that the deceased .had likewise struck at him several
tines with his fork, and had actually wounded him iii two
places, the seers of which wounds he then showed his lord-
ship—that the deceased seeming bent on mischief, and he
(the;urytnan) having no weapon to defend himself, had no
other way to preserve his own life, but by closing in with
the deceased, and wrenching the fork out of his bands,
*which having effected, the deceased attempted to recover
the fink, arid in the settle received the two wounds, which
had occasioned his death—that he was inexpressibly con-
cerned at the accident, and especially when the prisoner
was taken up on suspicion of the murder—that the former
noires being but just over, lie was unwilling to surrender
himself, and to confess the inatter, because his farm and
affairs would have been ruined by his lying in a gaol so long;
that he was sure to have been acquitted on hie trial, for
- that he had consulted the ablest lawyers upon the case, who
• had all agreed, that as the deceased had been the aggressor,
he would only be guilty of man-slaughter at the most—
that it was true he had suffered greatly in his own mind on
the prisoner', account, but being well assured that impri.
• sonment would be of km ill consequence to the prisoner
- than to himself, lie luld suffered the law to take its counts—
: that in order to render the prisoner's confinement as easy to
him as possible, he had given him every kind of assistance,
and had wholly supported his family ever since—that in
order to get him cleared of the charge laid against him, he
could think of no other expedient than that of procuring
himself to be summoned on the jury, and set at the head
of them, which with great labour and expense lie had ac-
complished, having all along determined iu his own breast,
rather to die himself than to suffer any harm to be done to
th : prisonet.'
His lordship expressed great satisfaction at this account,
and alter thanking him for it, and inak;ng this further sii-
puistioa, th-it in case his lordship should happen to survive
him, he might then be at liberty to relate this story,
that it might be delivered down to posterity, the conference
broke up.
" The juryman lived 13 years afterwards; C. J. DYER
inquired after him every year, and happening to survive
him, delivered the above relation."

Siwaintwo.—Last week a young gentleman in the Barony
nr Faith, having been directed by his father to fire at a
hetott.ighieli was on his land, missed the bird, and shot one
ut VA father's best cows l—Weasford Herald.
DAMS* nous OUTRAO E.—On Friday night, some heart-
ies*, cruel monster cut the tongue out of a hone belonging
t.• a :•oor and industrious mars, named John Savage, living
near Swords, whose whole support was gained by carrying
ti~h try autrloet op his car.—DuPin Freeman's Jorrnal.
firrrewaica.—We mentioned last week that a vessel
Ireland, wish cattle, bad been wrecked on Weet Hoyle
in the late gale ; the crew and drovers amounted to seven

..._ .., ~ .. „ .
cr.iis. As aeon as the brig struck on the hank, the boat
was lowered, and part of the people got into it; but it im-
mediately filled, and was nearly swamped among the break-
ers. The people fortunately retained the vessel's deck.
Atte. wards, having succeeded in baling out the water
from the boss, three of the men again embarked, the re-
an cluing four choosing rather to stay on board of the brig,
c'itn to run the risk of being drowned by the swamping of
the boat. 'the three men, after being in imminent peril
among the breakers, happily succeeded in reaching the
t.lio-o, and landed safely near West Kirby, in Cheshire.
'Wise brig went to pieces shortly after the boat had left the
wreck ; and the four men, we lament to state, perished in
the deep.—Liverpool Tuesday's Advertiser.
We regret to state that Mr. Nash, whose thigh was
broken last week in the attempt to stop a thief, expired on
Monday. The accident was a most singular one; he was
r);.t, at is generally supposed, knocked down, but the mere
effort, of moving forward suddenly to Mop the fellow
snapped the bone, and caused him to fall to the ground.
The unrortunate gentleman had the skilful attendance of
M. Laver( nee, and the symptoms were favourable until
Friday, rah no a change took. place. Incidepts of an acci-
dent of this kind are extremely rare.—Brighton Gazette.
We sr:. sorry to yarn that the Rev. C. Sykes met with
attaccident on Tuesday evening. He was returning from
UP! visiteen in his gig, accompanied by his servant; and
te-i,7 leavi:ig the paved or middle pan of the road in
Witham, was proce. eling along that adjoining the foot-
path, when the near side wheel ran over a heap of mortar,
vskich had been very reprehensibly left in the read, and
the gig was overturned. Mr. Sykes and the set vent were
tirown out with. great violence. Happily. they were
Ili •I 41 lor them much injured. Had the accident occur-
t-4. it a few minima( difference in time, when Mr. Sykes's
( ißione with bit fondly were passing along, the event
uslght have been twrLdisastrous.—Hall Packet.
.A few days ago, at swtalwyllea man set his bull dog upon
an rasp:, when the ass inunedials/y,took t dog. up ii) his
Itikoxv
mouth and dragged him to a t river Der t, %Imo which
k•r put liirn over head, and lying down him, kept
him down there till he was drowned. The eastern asses
as; ask remarkable for valour mid discretion, that " the ass,"
r.: Pitiful tells us, has been* favourite appellative for their
ings;:disiiiiguished heroes.
Yesterday, as three of Mears. Reid and Co.'s dray-homes
War* drawing a full butt of beer from the Britannia public-
huoso, iii Berwiels-atreet, Soho, the centre one, a very fine
iv 4rhosse, slipped back and fell into the cellar. It was
nos otherwise hurt than hting a little seratebed on the head,
bstsst.oras found necessary to delay its removal until ass;st-
sae* could be procures' from the brewhouse. I