The Sun.
London, England, 1830-07-31 00:00:00

SUMMER ASSIZES.

11051 E CIRCUIT.—CHEI.MSFORD, love 30.'
TRIAL OF CAPTAIN MOIR.
This trial, which has excited great interest in the
town and neighbourhood, began this Morning.
Lord TENTERDEN took his
.seat on theßench at
nine o'clock.
Captain lifoir was brought into the space com-
monly occupied by.tbe gaolers and persons appointed
for trial a short time before his Lordship entered.
He sat on a chair in the corner of the deck, 'end
waited with great composure till the commence-
ment of the trial. His appearance altagether is
MOM prepossessing. He was very neatly dressed
in a black frock coat, with black stock, and waist-
coat and trousers of the same colour. He is about
six feet high. Ott being asked by the clerk whether
he was guilty or not guilty ? he replied, in a firm
Tejo, " Not Guilty." He was then accommodated
with a chair.
Mr. BRODERICK stated the case nearly to the fol-
lowing effect :—" May it please your .lordship and
gentlemen of the Jury, the prisoner at the bar (Mr.
Moil) is the proprietor of the Shellhaven rearm, in
the parish of Watley, in this county,' and it con-
sistsos I em informed, of about 400 acres. It is
bounded by the river Thames, along which there is
a sea-wall. The Shellhavett Farm Is about eight or
nine miles from Tilhery, and near Canvey Island,
Immediately adjoining this farm, between it and the
London side, there is a creak, called the Holly.
creek, and from a tongue of land of this farm there
is another creek formed, known by the name of the
Shelliolven-creek. The deceased, William Malcolm,
was a poor man, a fisherman, resident at Hammer-
smith, and on the 17th of March last, he.; teem-
pithy with his apprentice, a lad !turned Dukes, about
the hour of twelve o'clock, took his boat, and
crossed over to Shellhavert-creek, where he set his
net. The prisoner, on. Abserving him, came top to
and asked him. by what right he set his net there.
The deceased replied that he, as well as others, from
time immemorial, were in the habit of doing so.
After much abuSive language passed between them,
and Which I shall not repeat to you, the prisoner
threatened to cut the deceased's' net. The
deceased' accordingly took it up, and went
with it' across the Marshes to a cottage oc-
cupied by a poor woman named Baker. When the
prisooer was removing his net, and going towards
the cottage of Baker, the prisoner told him he should
not cross the marshes. The deceased replied,
" that it was of no eonsequence." He accordingly
went round by the sea-wall to this poor woman's
cottage, accompanied by his apprentice and the
other man ; where, after remaining an hour and
three quarters, and having changed some fish for
potatoes, he returned across the marshes, carrying
with him a basket in which thew were somepotn-
toes, and having his boat-pole on his shoulder.
They had not proceeded far across the marshes
when they observed the prisoner riding fast towards
them, and on his coming up be culled on them to
atop. The deceased said that he would go on, con-
ceiving that he had a .right to do so, us it was. a
thoroughfurc—a beaten path. On the deceased re-
fusing to return back, the prisoner immediately took
a circuitous route, and came up with them, on doing
which he, without further observation, pulled u pis-
tol from his breast, and fired at the deceased. The
pole immediately dropped from his shoelder, and
deceased exclaimed; " Oh,' Sir, you have broken
1$
my arm. The prisoner then addre,sed the lad,
sad told him if he did not go off he should be served
ire the same way. I be poisoner said, after using!
florae eoarse expressions, that the wounded taw
should have u doctor, and rode off, Ile did send for
a doctor—Dr: Dothl—from;Stanford,le-Hope ; how,
ever, previous to his arrival, the deceasedreturned
with the boy to 14red,, cottage,''Wbee some:
simple remedies Were applied, such as waNhing
the wound, and putting some herbs to it.. When
Dr. Dodd arrived, he immediately proceeded to an.
examination of the wound. he bleedbng hunt
stopped, Hp introduced his probe, and ascertabted
that the bone. was :mit fractured, mr. were Any of
the large blotid-vesselssuptured. Dr. Dodd then
told the deceased that he thought he would do
well. Front the state of exhaustion in which he
appeared, the Doctor :thought it right to give the:
deceased one Or two glasses of liquor; after which
he proceeded to die house of the prisoner, who, dos
seeing Dr. Dodd, exclaimed, " Oh linetor, I ha*i
carved: out some work for you." The Doctor its
reply said to the prisoner, " Do you think I haii
nothing todo ?" At the same time be requested
that a cart and horse should he sent for the de
ceased, that he might be removed to Stariford-le.,
Hope,'foi the better conveniences of medical atten-
&rice. The prisoner, replied, " Oh yes; by all
menus;" and adding, "Coyne in, Doctor--sl'll tell
you all about it." And they accordingly went into
the house, where the prisoner detailed All which L
have already .stated, adding. that 'he had prepared
his pistols•for the purpose, turd that he would serve
any perime lie cured riot whom, who would trespass
on his greund; its the'like manner, 'mid lie was fully
justified, in doing it,. es.he considered every Men
land his 'ettstle; but, acting upon such an opinion,
I fear that the prisoner Wilt find he has cotnoutted
fatal mistake;;, for the law does not permit the life of
any individual to he :taken away for art ac:t of
simple treopeac Doctor:Dodd asked. the prisonei
whether the deceased should be attended at
his expenee ?." The .prisOner r replied, "'Oh, cer-
tainly; but net one shilling in the way of compensa-
tion, for, he has richly, deserved what he has PO
The deceased was accordingly removed to Stanford-
le-Hope, end he was put safe to bid, and' the
wound scurried to have a most favourable appear.;
mice, aada COlifinunnee of it on the subsequent day;
Doctor Dodd being is young prectitioottr, and. net.
wishing to be under Ihe rceponsibilityrof such a care;
most properly,. I will: say,: called in a gentleman of
greater experience to hie assistance—sda Doctor Rod;
bitison, who, after seeing the deceased, OHO con‘;
suiting together, thought bleeding ennidlent, which
was accordingly done, and had a beneficial effect on
thy ppearmode of the wOund, .which ,e.mitineed 'Most
favourable. 'They alao called intertheir assittence a
gentleman of considerable experience, a Mr. Vidal!,
'when leeches and poultices were applied; rater which
the wound looked extremely well, and nothing could
he more favouvalstortluen the state of the deceased.
However, on the suln4quent Tuesday, a fatal change
took 'place ; for, ms'the deceatted getting up to have
his bed made, he complained of a slight pill in hie
.right jaw. On this- sitriptom appeethig, Dr. Dodd
immediately called in Dn. Robinson mid Vidal), who
agreed with him that the demised had got a locked
jaw, and that death must be, the uousequenee, of
which deceased :web& informed ; and, according to
their prediction, the deceased slid not lira .rnore
than forty-eight hours. The question which
gentlethen, hate to decide is this, whether the
wound indicted lty tie prisoner %Vita not the jifirae...
diate cause of the. deceased's demh, end .whether it
.doesoot lialaa fit to murder ?"
Mr. Buonuatcit then called the following wit-
nesses
'William Dukes—l ton a fisherman, residing at
Wandsworth, in Surrey. Knew Mr. Malcolm', and
had known him for seven years. Went With
him
in his boat to Holy Haven some timilast March.—
The place is on the Ewes side of the Thames, flv'e
miles below Gravesend., his apPreutice also went
with them., On the Mb of !Harsh they left the
boat, and he and Mr. Malcolm went to Shelihaven-
creek, which is ,distant half a mile front the place
awcirioesise '
titlheerebalo:ltlea‘..Vaeoll TtelailyhiwngllnithebyeronekrceltParattah
Ylalcelm proceeded to put clown a net, When Capt.
Muir Mil iris lief:WWW Male_ up,
.:Captain said,
wing.boeiness have you here P.. Malcolm,
said, ,".We have a right to puctliem down :when we
chem." Captain Moir then said,." If you don't

lake that net up' I'll cut It'all to' pieces;' Mr. Mal-
*tolm said, "Pray, don't cut her; I will take
lamp." Captain Moir told hiM if he was any man
would give him a-- good thrashing. Mr.
Nalcolin then pulled off his jacket, and told him to
do it 111,e could. Mr Malcolm called Mr. Mote a'
Scotch ---. The net was taken up :- this
'was about half-past twelVe. A' lade was' with Mr.
°Malcolm, called William. Master -and I went to
Mrs. Baker's eoittige, wheie we stayed an hour and
a half, and then returned to the'boat, by the' foot-
path, through the marsh. Mr. Macolm 'walked
first ; he had a long pole under his right arm and a
hiker in his left. When he had gone 100 yards
from Mr. Baker's house, Captain Moir came upon'
horSeback from his from. Captain Moil. said, " I
thought I sold you not to'walk across my field;"
when Mr. Malcolm said, " I will go." Capt. Moir.
immediately rode round him, and fired off a pistol.
He was about seven yards off when he fired. 'Mr.
Malcolm said, "'You have brokers my arm—you
have broken (my arm;" and dropped,the pole and
backe.. Capt.,Moir then said, " I will send &doctor
for you ;" end told me if I did: not go off hiS pre-
mises he would verve me the frame; on which I went
hack with Mr. Malcolm to Mrs. Baker's cottage.—
Captain MOir then rode away.
Jamey - BarroW Dodd, examined .by Mr. BROD.
am a surgeon at Stanford-le-Hope, and
was called in on the 17th of March to see a man at
Mrs. Baker's cottage. Captain Moir's servant
c,,ate for me. I examined the man and found him
wounded in the right arm. In my judgment locked
jaw was the cause of the man's &ink The wound
was the cause of the locked have no doubt
about that.

'After some , further evidence,
Lord TENTERMIN said—" William Moir,, you
have heard the charge, and the evidence brought
forward against you. If you have any thing to say
in your defence, now is the time to say it."
Captain Moir, in clear and firm voice, replied to
the following effect:--" My Lord, I have been in
his Majesty's service since, my infancy, and have
served his Majesty in every pert of the globe, The
two regiments; in; which I served are now in India ;
I am thereby deprived of the evidence of my brother'
officers as to character; 'but I trust I am not a man
likely to treat any one with cruelty or severity. One
of the • soldiers who served under my command has
come from town. this day to bear witness to the
manner in which he had been treated by me. Of
the unfortunate deemed I bad no knowledge; and
nothing but his improper conduct could have
led to the result which originated the present pro.
ceediogs. I was in the habit of carrying pistols
from the first. The place was so lawless I was
obliged to do
,so in my own defence. The rest 1
leave to my Counsel, to your: Lordship, and a
British Jury."
A slight murmur of applause followed thiS addMIL
Mr.CLAnxsoN then culled the following witnesses
Colonel Tilt--1 have known Captain'Moir since
1812. He had 'dyed in the 37th Regiment, under
my command, in diff,rent parts of the world. I
should considerhim the most humane man in exist-
erice.—( Here his voice fanltered, and he seemed
much affected.)' 'That was his general chataeter.
James Gregory Moir---I am, related to Captain
Moir. His family reside in Scotland. I knew him
first abroad. Jle hore the character of .a
humane, kind-.hearted man.
Taylor—I wits a private in the 37th Regi-
ment. Capt. Moir joined the regiment in ,1812,
end I have been several years under h►s command.
His character us to kindness and humanity was very
good. I have come down voluntarily from London
to speak to his-character, and have walked all the
way. : •

Lord' TENTERDI:OI then proceeded to slim up,
after which the Jury, after con: tilting together for
st fetiminutes', expressed a wish to teat), Mid in
officer was sworn to attend them. They 'were oh-
seutioe about twenty minutest, end on the Foreman
being stoked, what verdict they had agreed to, he re.
plied,::!‘ We unanimously find the.prisoner. Guilty."
Lord TUNTERDEN then addressed him in nearly
the following ;wiitit. Moir, job hive
been tried on very full and clear evidener• and have
been found guilty of murder—you have had the
assistance of able CoUneel,who have cross-exemined
the witnesses; and the Jury, after doe considera-
tion,..live come to the only cOnelusion,, to which
they could come, as reasonable and 'eonseientious
men, apd,pranohnoed,yott-gt•ilty of murder. , No-
thing now remains for me but. the most painful of
all duties—to pronounee.tbekAttti judgment of the
law;. that is, that you, William Moir, be taken
from this place to the ,prison.from, whence you were
brought, anti be taken, on Monday next, the 2d of
August, to the place of execution, and be there
hanged by ihe neck till you ' are dead, and your
hotly afteiwirds he taken down to be dissected and
anatomised, and 1-4(here his Lordship covered his
face, and stopped. for some seconds)-4 will implore
the. Lord to haft; mercy.on your Soul."
Captain.Moit heard his 11C11111CC with the same
firmness and composure,. and immediately resumed
hikeeet. His.brother, a:line...looking young magi
and bearing a strong resemblunce to him, then went
up to him, -eiidently overpowered by his feelings,:
acid said a few words, to which he made some reply,
in a kindly and soothing in:inner. He waited till
the Court was cleared; when he stood up in the.
dock for a few, seem?* tilt ho caught Lord Tenter.:
den's eye---inside. a, respectful bow, which his Lord-
ship 'returned, mid 'MO then taken out of Court.
The trial laited
„four

It Ivns impossible ,not to be struck with the
powerful sympathy which many individuals in Court
evinced for.the unfortunate man. He has a wife
and three sons fourteen, twelve, and eight years
of age.

WESTERN CtRCUIT...4AI.ISBURY, JULY 20.
Wier and John White were put to the
bar, tlic former charged Capitally %Ith having fe-
loniously set fire to a hay-rick, the property of hos,
Martin, and 'the prisoner 'White with having aided
andrabetted before ,
The Jury returned a verdict of Not Guilty.