The National Register.
London, England, 1820-07-23 00:00:00

Air. Brodrick stated the case with very great.shiliiy.

The case against the prisoner wart supported principally
by the dying declarations and riaposition of the deceased.
It appeared that the prisoner was gamekeeper to 'l'. F.
Pane, Lsq. and that the deceased was a labouring man,
particularly addicted to poaching. On the evening of
the 28th of December last, the pelsoner was on the look
out fur poachers, armed with a do.oble-barrelled foaling
piece. When lie entered Dogwoods the property of his
master, he heard a gun go off, aid as he proceeded he
saw the deceased discharge a gun at is .en pheasaut, upon
which he went op to the deceased and said, " Is it you i"
The latter replied iu the affirmative, and said "Keep off,
or Pil shoot you." The poisoner instantly levelled his gee
at the deceased, at the distance of a rod and a halt, and
fired both barrels, and wounded him in the groin with a
slug, slightly touching the skin with small shot. The de-
ceased fell immediately, mid groaned with the excess of
pain. Pi emitter came close up to him and said, " If you
offer to stir, I'll blow your b—y brains out." The deceas-
ed said, " You have killed me, and 1 am a dead man," and
the prisoner left hint immediately, in the agonies of death.
The deceased contrived to crawl about the distance of a
mile to the cottage of a man named Day, where he was
admitted, and told what had happened to him. He was
removed in a cart to the cottage of his mother, at South.
weald, and a surgeon being sent for trout Brentwood, the
wound was proutioniced mortal. His intestines theta pro-
truded eight or ten inches in length from his body, and
he told the Surgeon that his assistance would be of no
use, as he was a dying man. The Burgeons i ;;;; nediately
took trots the month of the deceased his account of the
It ansaction, and put it oil paper. Information a as thou
given to Archdeacon Woollastuil, a magistrate, Who, as
soon as possible, attended the deceased, atid took his
dying declaration on oath, as above stated in substance,
the deceased declaring That there was no oilier person
with loins. A warrant was issued fur the appreliensien of
the prisoner. He was at first denied by his wile, but
being heat d to congh, the house was searched, and lie
was taken iota custody, and in two hours afterwards was
brought into the presence of the deceased, who was re-
swot it to the deposition he had made, and vs hich stair
lead over to the prisoner. The declan anon of the 1011-
sutler was then taken down, which stated, that alien lie
saw the deceased knock down a hen pheasant, he went
up to hint, and the deceased immediately said, " U—ti
your ryes, if you don't stand I'll Alma yes;' and pt esent-
ed his gun at him. Prisoner appieltended danger to
i 111 l Itediately fired one barrel of his gun, and one
only, in %hick ails a slog, and then ran 'after another
maim, who appealed to be in company with the &ceased,
hot could nut catch him. The deceased died the neat day.
it appeared, that when the poisoner Was taken into env.
tody, he stated to the constable, that upon seeing the
prisoner lie put two or three slugs into his piece from out
of his poceet, and ran after him. He Int tilt r said, that
a lieu lie went out for the night lie always loaded his gum
with
hn
sill'issgcsl;argietdapblebefaroreedtlilleispt tliteotgletrfficoatautelieui4:4;ocelatiltu'id, it":41:11
the deceased on his dying bed, declat eil that he bal.!, no
malice towards the pitauntt, and that had his gun been
losdeti, 'scrimps lie Should have shut the ;disinter.
Tne pm done' being milted upon fig ills (twenty, pot
written paper, continua% the following
Ovoid.—" Itis, and
ever will be a maul. of regret to me, that I should tic the
rause tat the death of a fellow creattne ; hut hearing and
believiiig that there were other men in 1).41a °oil. I Ova"`"
touted Crum fear, that my Own life was in itungei."
Two or three witnesses were culled to pti.se that the (k-
--eratoid was a notorious poacher mid that he had frequenity
expressed great hostility towards' gainelsee ',eta w geaCrat
The Lind l.luef Justice charged the Jury a rib
positions; three 1
first if they were of utiaion Mat the pillVlArr

acted from motives of self-defence, under an apprehension
that his own life was in danger, he would he entitled to a
general verdict of not guilty ; second, it they were of opi•
Dion that the discharge of his gun was not roily not necessary
for self-defence, but a wanton act of malice towards the
deceased, then they would find hum guilty of the whole
charge of wilful murder; and third, if they were of opinion,
that lie acted under the impression that clischargin4 his gun
. . .

was necessary for his defence, but that he did en incautiously
and hastily, then they would fled him guilty of manslaughter.
The Jury, after hearing the whole of the evidence reca-
pitulated by the Learned Judge, deliberated for about five
minutes, and found the prisoner Guilty of Manslaughter.
The Chief Justice, in passing sentence, expressed a hope
that the awful fate of the deceased would be a wholesome
warning to gamekeepers, iii the discharge of their duty, not
wantonly to deal with the lives of their fellow creatures,
even though they might he engaged in an unlawful pursuit.
The Court, taking into consideration the imprisonment
which lie had already suffered, adjudged him to be further
imprisoned in the County Gaol for the term of nine caleudar
months.
This was the last case in the Calendar.
TIMMERLAKE, V. Slit THOMAS NRATZ, DART.
This was an action against the present High Sheriff of this
County for a false return of Italia bona to a writ of flea fa-
ciae' issued ut the suit of the plaintiff, upon a judgment ob.
tatned by him against the goods of William Pole 1) limy
Long Wellesley, Esq.
The case was this :—Mr. Wellesley finding his affairs
greatly embarrassed at the beginning of this year, and his
person being an longer protected by the privilege of
Parliament, lie determined to convey his life interest in
Notated-house, and moveabies therein, to trustees for the
benefit of his creditors, to whom, about 20 iii number, cir-
cular letters were sent, inviting their attention to the terms
of the deed, fur the purpose of signature. The trust deed
was executed on the II th of May, the principal provisions
of which were, that all she property above-mentioned was
to be conveyed to the trustees, a il!I the power, at the expi-
ration of two years, to sell the same, or sooner, if required,
by Mr. Wellesley, for the purpose of dividing the proceeds
rateably a fffff opt his creditors, according as the dividends
should be received ; that in the oilcan time the creditors were
to engage not to molest his person until the Ist of June,
182 d. About thirty creditors, whose debts amounted to
about 25,0001. signed this deed. On the miming of the
day it was executed, the plaintiff, whose debt amounted to
shoat 30001. received verbal notice of the meeting of the
creditors, but he dechued attending without the advice of
his attorney. 'f he draft of the deed bad been executed by
Mr. Wellesley at Calais, whither he had gone to avuid ar-
rest. Under the advice of his Attorney, the plaintiff, nut-
withstanding the execution of the deed, proceeded in his
action, and obtained judgment. and a writ of *Hilda, was
put into the detendinit's hands to levy the amount ut the
effects :it AVanstead House. The Sheriff' instead of executing
the fleet father returned nulla bona under an iiidemnity from
the trustees, and the question now was, whether the deed
above-inentioned was operative against creditors who had
not signed it.
The Chief Justice ruled, that if the deed in qnestion
was Irma fide executed for the benefit of all Mr. Welles-
ley's creditors, those who refused to sign it si etc barred
front levying upon his effects, because that would be
giving them a preference in prejudice of the other cre-
ditors, and his Lordship, according to decided authori-
ties, was of opinion, that want of notice of the execu-
tion of the deed was no objection. Tbe bona Jules of the
transaction was a question fur the Jury, and his Los &ship
was leaving that question for their consideration, when
Mr. Nlarryatt preferred being non-suited, and the
plaintiff was accordingly nonsuited.
There were four oilier actions of the same nature, at.
the suite of other hostile creditors, and its all these, ex-
cept one, the records were withdrawn. In that one the
the plaintiff preferred being nonsuited, in order to take
the opinion of the Common Pleas, out of which the re-
cord issued, npou the Chief Justice's decision its point of
law.
We report this case not from a feeling of co 1111 l iise-
ration for a worthless fellow, who with a princely fur-
tune is obliged by his misconduct to become a beggar,
for forbearance from honest tradesmen who have been
duped into giving him credit : but from the novelly of
the law laid down by the Lord Chief Justice, which is
certainly at variance with what has heretotare been
deemed law. Does his Lordship mean to assume that
the signatures to a deed of assignment of a majority in
amount of creditors is binding on the minor ant,,unt ?
No LAWYER has ever held this to be the case, what-
ever the It corned Lord Chef Justice may rule—if this be
law, the Bankrupt practice may as well cease at °ace.
acquitted.
BERKSHIRE.

At the Assixos for thel7l;;;(louTty holden at Abingdon,
Ir. fore Mr. Justice Beat and Mr. Justice Richardson, 14
prisoneis were capitally convicted :
They were all reprieved b. fore the Judges left the town,
incept one, who is left for execution.
A Cause of Defamation of Character came on, in which
the plaintiff alleged she had been disappointed in her matri-
monial views in consequence of being defanwd. The defend
dant was a relative of the parties, and had said," l'd have
yua take care, fur she is no great catch." The cldevant
lover was culled by the plaintiff's attorney as a Whims, and
oil his crawl-cxanimation acknowledged that said attorney
hal read over the declaration to him, I had instructed
him to be very particular iu explaining the word "catch ;"
that lie imileistood it to mean she was übtit to heroine his
wife; (he purport of this was given to witness, in writing,
by the attoines. The witness on fin th. r examination ac-
knowledged, that had, he known plaintiff's age he should nut
have married her. On this the Judge said there Wall an rod
of the action, stud ordered the auto Hey to be committed.
HERTFOKI)SHiRE.

Joseph Ramsay, a buy, was convicted of stealing a 51.
note, the property of Mr. Saul, ha employer, M ho is a far-
m r at Hitchen. The note, it appeared, had been
left carelessly in a room, and the buy, M Ito had heretofore
conducted himself honestly, was overcome by the tempt•'•
thus presented to him, and pocketed the prize. When
he hail giu it he did not know its value. Ile was fined Is.
and discharged, Mr. haul promising to take him into his
service again.
suer 72.1:1:A11.1NG. Wm. Slough, aged 3i, and Thomas
Young, aged 15, acre capitally indicted for stealing seven
ewe ►heep and fora lamtp., the property of Mr. John Walt-
him, n farmer, of North Mimms, in this county. The only
evidence against ilw pi isomer Young war, that he assi.tetl in
conveying a• ay the sheep after they acre stolen. The evi-