The Sun.
London, England, 1828-04-09 00:00:00

ASSIZLS.-(RECEIVED THIS DAY.)

WESTERN CIRCUIT.—TAUNTON, Aram e:
Richard Gillam was this morning arraigned for the
Wilful Murder of Maria Bagnell, at Bath, on the 26th Jan.
last. The prisoner, a respectable middle-sized man, on the
indictment being read, in a very firm voice, pleaded riot
Guilty ; he appeared not to exhibit any of those emo-
tions which his awful situation would excite. He was
also arraigned for the robbery to which he also pleaded
Nut Guilty.

Mr. GUNNING and Mr. W. FoulsTT-appeared for the
prosecution, and Mr. Sergeant Bom?Ass and Mr. MooDY
for the prisoner.

Mr. GiiNNlNP—Gentlemen of the Jury—The indict-
ment has told you the nature of the offence with which the
prisoner stands charged. Before I proceed in stating the
facts, I have to request you most seriously to dismiss from
your minds all that you may have heard for sr against the
prisoner. You are here not to try this case on vague
reports you have heard, or spectacles 'which you may
have seen..--(A model of the kitchen with Maria Bagnell,
in composition, has been exhibiting during the Assizes,
and in consequence of this circumstance being mentioned
to the Judge, it has been discontinued—this is what Mr.
Gunning alluded to.)
It is a satisfaction to find that a person in the situation of
the prisoner has the assistance of able counsel, who will
take advantage of every fact and circumstance which may
appear in his favour.- The prisoner is a person who was
in the service of an old lady, 80 years of age, living at
Marlborough-buildings, Bath. The Learned Counsel went
into particulars of the description of the premises where tbe
murder was committed. The deceased and Mrs. Cox, hie
mistress, occupied the best bed-rooms, and the prisoner
and his wife occupied the front room in the garret : the
Prisoner had been in the service of Mrs. Cox about fifteen
mopths. About half--past two in the morning the watch-
man heard the report of pistols, and a cry of murder;
they went to the house, and some one up stairs directed
them to go round to the back part of the house, and found
the doors open. When they came to the house doer, they
found the bolts and latches all undone. There was an iron
bar, • which had not been put up. They saw several
sorts of property, some in baskets and others in bundles.
They then proceeded up stairs, and heard some one say
"we are shut in, and cannot get out." When they got to
the floor where Mrs. Cox and Maria Bagnell slept, they
saw the prisoner at the bar. The watchmen found a gimlet
which the prisoner took away, and it was afterwards tried
iu a hole, which the prisoner said it was in, and which had
fastened him in. They then looked into the bed .room of
Maria Bagnell, and found that no one had been on the bed
that night. They then proceeded down stairs, and found
four bottles of wine on the table in the kitchen. They
then went to other parts of the house, and on going to
which some one said there is a woman murdered. The
prisoner exhibited no symptom of astonishment. They
found her quite dead and cold. The Learned Counsel then
detailed other facts, which will be found in the evidence.

Ann Spackinan examined by Mr. Foll.rer —I am nearly
seventy years of age, and am in the service of Mrs. Cob
at Bath ; she is eighty years of age or more. I was living
with her in January last; I hvie lived with her 14 or 15
years. The witness here looked at the prisoner, but did
not know him, she said he was so much altered ; the pri-
soner replied he had had a great deal to alter him. The
prisoner was in the service of Mrs. Cox about 15 months;
he was servant,' Mrs. Galan' was cook. I slept at the
top of the house, in the garret at the back of the house,
and Gillam and his wife in the front; Maria Bagnell slept
on the same floor as my mistress. The servants were in
the habit of supping every night about nine o'clock;
remember Saturday the 26th of January last, Espial!
stood and had his supper that night; there were two
young men besides supped there that night. I warmeg
my mistress's bed that night, and as soon as I had done I
went to bed ; I heard Gillam and his wife conic upstairs,
I heard them talking together; I left Maria Bagnell in
my mistress's room when I went to bed. I was not
alarmed about anything till about two o'clock, when I
heard Mr. G. say that there were robbers in the house. I
heard pistols go off; it was after Mrs. Galatia had called
me up. I got up so soon as I could to see what was the
matter to the top of the stairs, and saw the watchman
there. I then went into my mistress's room and made a
tire. When I went into her room she was awake. I
went into Maria Bagaall's room; no one was there, nor
was the bed tumbled. I afterwards went down into the
kitchen, and found Maria Bagnell dead. The watchman
was there at the time. I cannot say I saw Ginn= in the
kitchen or not after. I. did not hear him say anything
about Maria Bagnell being murdered. I know the back
door leading into the garden; it is fastened by two bolts
and an iron bar. It was Gillnam's business to see the
door fastened. There was a bill-hook in the house for
chopping wood.

Cross-examined by Mr. Sergeant Bomrass—l used
generally to go to bed first, and could not see who fastened
the door.

John Trussler, examined by Mr. Gu N NING-I once lived
with Mrs. Cox. I left last October twelve months. I was
at the house on the 26th of January last, and left a little
after ten o'clock. Maria Bagnell supped with us on that
evening. We had four horse-pistols when I lived with
Mrs. Cox ; they were left there when I left the service.
John Robins examined by Mr. For.LErr.—l am servant
to Mr. Ballantine at Bath. 1 supped on the 26th of JO.
last, with the servants. The deceased took her supper
alongside the fire. There was no quarrel between the ser-
vants.

Licut.-Col. Warne called but not examined by the pray.
secutor,—Examined by Mr. Mooov.—Shortly before the
murder I received some game from Mrs. Cox. It wall
brought by the prisoner at the bar ; some blood was about
the mouth of the hare : I did not observe the blood drop
down, he carried it in his hand ; he had on a brown coat,,
and striped waistcoat.
Charles Billington examined by Mr. FOLLETT.....I aro
watchman at Bath; was on the watch on Saturday the;
26th. At half-past two in the morning I heard the re"
port of fire-arms, and " watch," and "murder," cried ;
this was after I heard the report of fire arms. In coo-
sequence of which, I west up to the street door of.
No. 16, Marlborough-buildings. I sprung my rattle, sad
the min on the Marlborough stand sprung his rattle ; 1
tried the street door, but could nut get in; I heard a noise
from the top part of the house, and some man said g 0
round to No. 15 or 16. We went with three other
watchmen belonging to the outskirts of Bath, and went up
the road and came to a wicket-gate ; went in and ran
down the field towards the wall at the back of the house*
and found a garden door open, but met no one on our way
there; we went into the garden, and I there in the
middle of it picked up a white cloth ; we then went ta•
the back of the house, the door was open, which led us
into a large cellar; there was a smaller cellar or two be-
side; the house door was open ; I did not examine to see if
the door was broken open ; in the cellar I saw a basket with
meat and bread in it ; I then proceeded a little further, and
saw a light ; on going up stairs, I saw a pair of snuffers
and extinguisher; opposite that a candle on a chair burn-
ing ; on my right hand on the same stairs there was
a large bundle and a case ; I then went up stairs,
and undid the street door at the front of the
house ; I was then joined by three or fuur
watchmen ; they came in at the street door ; we
went up stairs, and I hallooed, " where are you ?"
No one answered, till we went up the attic stairs, and I
heard a person say, "we are fastened in." It was a man's
voice. I went into the attic landing, which is under the
garret, there I saw the prisoner standing on the landing.
He turned round towards a closet adjoining the attic land-
ing., the door of which was opened. There I saw a targe
chest, which I asked of him what it was, and be told.
me the plate chest. He had a white night cap on, a short
brown fustian jacket, small clothes nearly the same colour,
and light coloured stockings,
iled
man, picked up on the floor a gimlret,d ,anadnotthher watch
ep
prisoner
said, " I suppose this is whatwe were fastened in with."
We then saw two women, whom I Isow know to be Anti
Sparkman and the prisoner's wife. I bad my lantern with
toe, and over the latch of the door saw a ginthlet hole, and
said it did not appear to be very far bored through. The
prisoner was there while I was examining the hole. He
said something about the servant maid, but what I do net
know. We then went into the drawing-room, and saW
three or four bottles of wine on a table. Prisoner was with us,
we saw several boxes, apparently like tea caddies, and seve-
ral different Fide things open. I gave the cloth which
was picked up in the garden to the prisoner, what he did
with it Ido not know. We then went down to the par-
lour, I called out mind below, and heard a man's voice
3 " Did you see the murder ?" I said no ;we then went
into the kitchen, the prisoner was with us. I cannot say
that he went into the kitchen with us. In the kitchen we
saw a woman lying in a gore of blood, her head was to-
wards the kitchen fire-place, and on the left band side a
large stick ; more towmals the fire-place there wag a
woman's cap ; she was dead. I did not touch the body.
I then went out and saw the prisoner outside at the kit.
'hen door, and pointed to the bundle, and asked him if be
knew that; he said it was his or his wife's handkerchief
that the bundle was tied up in ; lie undid it, and said here
my wife's pelisse, and pulled out a coat, and said this is
lily coat. I then pointed to the case, and asked him what it
wag, and he said it was a tea urn, and used to stand on the
plate chest ; he then said come along with me, and I will
'how you something else, we then went (limn agotber

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DAY.i

APRIL fir:

igued for the
the 26th Jan.
man, on the
pleaded Nut
f those emo-
ite. He wag
afro pleaded

peared for the
Mr. Moony

—The indict-
ith which the
n stating the
dismiss from
fr against the
use on vague
ich you may
[aria Bagnell,

the Assizes,
ig mentioned
, is what Mr.

le situation ®f
;el, who will
.e which may
4011 who wag
ge, livii g at
Counsel went
Lies where the
yirs. Col, his
the prisoner
garret : the
about fifteen
g the watch-

of murder ;
stairs directed
sr, and found
ise door, they
a wag an iron

saw several
's in bundles.
Rome one sal
en they got to
ell slept, they
3und a gimlet
erwards tried
rid which had
bed •rcom of
on the bed
▪ and found
chen. They
on going to
dered. The
merit. They
Counsel that
Le evidence.

—I am nearly
of Mrs. Cog
I was living
her 14 or I 5
mer, but did
red ; the pri-
x him. The
t 15 months ;
slept at the
of the bou4e,
Bagnell slept
'ants were iia
le o'clock ; I
last, Bagnall
re were two
I warmed
•I
had done I
onie upstairs,
Bagnell iu

I wag not
lock, when I
the house. I
on had called
xhat was the
'le watchman
and made a
IS awake. I
sae there, nor
own into the
le watchman►
inn= in the
say anythiag
3w the bacii-
by two bolts
e to see the
the house for

..ass—l used
who fastened

—I once lived
nth*. I was
id left a Halo
h us on that
I lived with

be service.
I am servant
26th of Jan.
k her supper
veeu the ser.-

by the pr -
'y before the
oa. It two
Ni was about
e blood droll
brown coat)

aro
Saturday the,
eard the re'
•der," cried ;
L. In coo-
eet door of
y rattle, and
its rattle ;
eard a noiAe
man said go
three other
Lnd went up
t in and rail
f the houses,
on our way

Jere in thi.
'en went to,
vhich led
or two he,
Line to see if
basket with
further, and
r of snuffers
chair burn-
there was
It up stairs,
Int of the
e or four

Sight of stairs into the cellar, and I skewed him the basket
with the breed and meat, he said that was theirs. I went
out into the garden and he with toe; I said I had seen
enough, and did not go into the kitchen again ; the pri-
soner did not go upstairs with me.
Crosa-examined by Mr. Serjeant Bompa.ss.—The back
of. the houses is open fields to a considerable distance, we
alight be a couple of minutes or more going round ; I was
the hilt that came to the back door.
Benjamin Bedgood, another watchman, examined by
Gunning.—This person corroborated the former wit-
ness, and added that the handle of the gimblet put into
the 11015 would not touch the door. A bu!let-hole was in
tue stair garret door. The prisoner said he had come
I"in and found the latch fastened, and went up stairs and
loaded three pistols, and discharged one through the door ;
t
then went up stairs again, and discharged one pistol at
the back of the house and the other in the front. I have
atOod ca the stairs when the garret door was shut, the
door is not close; I could see through the door, it is a
very slight one.
The trial was not concluded when our reporter left.