The British Press; or, Morning Literary Advertiser.
London, England, 1820-03-28 00:00:00

CAWTH OR PE.

James Lee, aged 50, late of Cawthorpe, was put
on his trial, on an indictment (containing three
counts) under Lord Ellenborough's Act, charged
with wilfully. in aliciou-ly, feloniously, and unlaw.
fully shunting, with a loaded guts, at, and wound.
ing its the leg, William Fawley, nail-maker, of
Louth, on the is day of October last. The
Prosecutor, Fawley. was one of a party of about 20
mechanics and others of Louth, who on the day
stated went to gather nuts In Burwell and Muckson
IVoods. The Prisoner, Lee. was an assistant game-
keeper, employed with other servants of the name
cf I'eele, Strey, and Bonner, to protect the woods
from nut-gathers and other trespassers. A severe
conflict arose between two dales* servants and four
of the trespassers from Louth, on the morning of
the Ist of October, and blood was shed by the
blows given on either side. Au attempt was after-
wards made by the four servant to adpreheinl these
moue violent olfentleis, and in the course of it words
arose with others of the nit-gatherers, whose bags
were seized and cut by the keepers, timid the nuts
scattered, so that as little advantage as possible
should be had from committing the trespasses. The
Piisutier, having during souse altercation lost the
custody of another men whom he had seized, chose
to take Fawley (who had not been of the lighting
I art)), and was asAsining to conduct him to Louth
as a prisoner, when Fawley, not considering himself
bound to go with him, ran off ; on which the Pri-
soner discharged his gun at him, at the distance of
eighteen yards, and dreadfully lacerated his left leg
sud foot. It became necessary to convey Fawley
to Louth in scan; he was in a very dangerous state
for • fortnight, and under surgical care for three
months after. Lee was appreheuded for the crime,
and committed 011 the capital charge fur trial at
these Assizes.

After the•evidence of William Fawley and Wil-
liam Dickinson (two of the nut-gatherers). of Chris-
topher Taylor, Esq. (who being alarmed by the
report of Lee's gun and Fewley's ewes of murder,
went to the spot, found the wounded man, and
directed his bring conveyed to Louth), and of Mr.
Owls. Wing (the surgeon who attended Fawley),
had beau heard in support of the prosecution; John
Sirey, gardener to M. B. Lister, Esq. of Burwell
Pas k, was called for the defence, to Ave tire law-
less and persevering conduct of the trespassers;
Thomas Cartwright, to prove that the Prisoner was
a mild, good-tempered, and humane snail; arid the
Rev. %Vol. Chaplin, to give liiin a most excellent
character, particularly for having conducted [liai-
sed for many years as a gemekeeper with more cita-
tion, conciliation, and piopriely, than any wan in
such a situation whom he (Mr. Chaplin) had ever
known.

The JUDGE observed to the Jury, th it the sta-
tute under which this prosecution was brought,
made it a capital offence for any person to point u
gun with intent to do to another bodily harm :
there were three counts in the indictment—cue for
shooting with intent to kill and murder; the se-
cond, with intent to kill and disfigure; the third,
with intent to do some grievious bodily halm ; sad
if it would not have been murder if the party had
died or the wound inflicted, then it was not •n of-
fence coming •t all within this statute. Novi, with
respect to malice aforethought, there was no pre-
tence for charging that : the Prisoner was in the
faithful discharge of his duty to his etnplayers—a
resistance did take place. and there was therefore
• perseveresice in an unlawful pursuit. No man,
even out of this Court, would say that it was
in-
tended to murder.
The Jury retired for a quarter of an hour, sod
brought in • verdict of Guilty with intent to do
grievous bodily hares—Sentences Death--Re.
priered.

HIGH WATER THIS DAY AT LONDON BRIDGIL
Morairg Id after 1. I Emil.% 31 War 1.