The Sun.
London, England, 1859-03-12 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND ClRCUlT—NoniNarum, March 11.
(Before the Lord Chief Justice Campbell.)
Thomas Brown Birkett was charged with the
wilful murder of William Watmore, at Barnby-in-
the-Willows, on the 18th of November, 1858.
Mr. Boden and Mr. Bristowe appeared for the
prosecution ; Mr. O'Brien and Mr. W. H. Adams
for the prisoner.
Benjamin Vessey—ln November last I was in
Mr. Gilbert's employment, who lives in Barnby
Manor farm. The deceased, William Watmore,
was also in his employment as a watcher and
trapper. Watmore lived at a house called Kellich,
about a quarter of a mile from Mr. Gilbert's house.
On the 18th of November witness went to Wat-
more's house at 9 p.m. to go to a watching with
him to some land in the occupation of Mr. Gilbert.
We went to some land called the Corporation-close,
which adjoins some land in the prisoner's occupa-
tion. There is a gate between the two closes. I
was taking up rabbits and resetting the traps in
Corporation-close. I heard guns going off several
times, from half-past nine to a quarter to ten ; the
sound seemed to come from prisoner Birkett's land.
After the last gun went off the deceased shouted
" Mark !" In about five minutes I saw the prisoner
standing against the gate between the two fields.
The night was moonlight and frosty, and the stars
shining. I and deceased were about 150 rds from
the gate. The prisoner called loudly, "Where are
those traps marked with H. G.' that belong'to
me ?" Watmore answered shouting, " We haven't
any ; I don't kno'a anything about them." The
prisoner replied, " You're a --- liar and a
thief." Watmore called him a "bucket head" seve-
ral times. I said he was a " chuffy face" several
times. We were still at the distance named. The
prisoner said, "If you'll come here I'll rightle'
you" (a term which the prisoner could not interpret).
Watmore said to me, " We'll go, and he shall have
the chance. We went up to the gate. When we got
to it the prisoner was four or five feet from the
gate, in his own close. Watmore went up to the
catch-end of the gate, and I to the hinge-end.
Birkett was nearer to the catch-end. Prisoner
remained where he was, four or five feet from the
gate. We two were leaning against the gate on
the Corporation close side of it. Prisoner said to
Watmore, " I want to know where those traps are
that were marked H.G. " Watmore said, " I
havn't got the traps, and I don't know anything
about them." Burkett said, " That's all I wanted
to know." He then called Watmore a thief.
He had with him a double-barrelled gun, which he
held under his right arm with the muzzle down-
wards. The gun was in that position during the
conversation I have mentioned. When the prisoner
said " That's all I wanted to know," he placed it in
a horizontal position, and put in on full cock. He
then put the gun to his shoulder, still standing four
or five feet from the gate, and said to Watmore,
" You're a thief!' Watmore said, " I'll make
you prove me one." The prisoner then fired the
gun, which was pointed towards Watmore, who
was still standing on the other side of the gate
from the prisoner, leaning near the catch-end of it.
The gate was shut and fastened with a staple and
snack. The prisoner was at this time standing a
little bit sideways to the gate, and the gun pointed
a little side-ways towards it. Upon the gun being
fired, Watmore fell backwards dead. I saw, before
it was fired, that it was pointed at the left breast.
I said to Birkett, " You've killed him." Both I and
Watmore had sticks. Neither of us raised them
before the gun was fired, nor in any way threat-
ened the prisoner ; and I never saw him move from
the spot, described as four or five feet from the gate,
until the gun was fired. I pointed out the spot
where the prisoner stood to Mr. Gilbert, the next
morning, and also where I and the deceased stood.
When I told prisoner that he had killed Wat-
more, he said, " Watmore was going to strike
me with his stick." Watmore was not near
enough to have struck nirkett and did not lift his
stick at all. I had my eye on Watmore at the
time, and I can say positively that he did not
lift his stick. When prisoner said he was going
to strike him with his stick, I said he was not,
I then asked prisoner what we were to do. He
replied " Go and fetch some assistance and I'll stay
with him." I went away and told Mr. Gilbert
and he came to the spot. I had had no quarrel
with the prisoner, nor had Watmore in my presence.
I got a horse and cart and took the deceased to Mr.
Gilbert's farmhouse.
Cross-examined by Mr. O'Brien—When first I
heard the shots I did not know who was shooting,
but when the deceased shouted " Mark !" it was so
as to be heard by the person shooting, and when
he called I knew it was Mr. Birkett on his own
land. The gate is entirely on his own land. He
shot up the field until he got to the gate. When
he went up to the gate he did not place his gun
resting on the top bar of the gate. I could not,
when I was 150 yards away, see where the gun
was, but the prisoner was four or five feet from it.
He was not leaning against the gate at the time.
I never saw him nearer to the gate than four or five
feet. He remained in one position the whole time.
The gate is about the ordinary size. Birkett's field
was barley stubble. On Birkett's side the ground
is level. The deceased man was leaning over the
gate when the shot was fired, and I was at the
remote end. When I saw the gun levelled I did
not call out to the deceased. I was in such a posi-
tion that I could see both the prisoner and the de-
ceased. Prisoner is accustomed to walk as if in a
sort of crippled state with his hand on his back ; I
can't say which hand. I have seen him walk with
a stick and without one. I didn't see that he had
a stick that night. (Witness again described the
Manner in which the gun was held.) The muzzle