The Sun.
London, England, 1845-03-15 00:00:00

they would have to consider, read the evidence, and made
s me hri4 eisinreents on it, hut without adding eis-thing
material to his previous remarks. If the evidence ad-
duced (said he, in conclusion) left any rational doubt
upon their minds—a doubt which, as sensible men,
they thought had weight, but not a trivial doubt,
created by ingenuity, but a rational doubt—they were bound
to give the prisoner the benefit of it. They must have re-
spect to all the circumstances of the case, particularly to the
presence of the prisoner just before the death of the deceased,
and the fact of prussic acid being found in her stomach ; they
must consider the conduct of the prisoner both before and
after the death of the woman ; and if all that evidence left
any rational doubt upon their minds, God forbid that they
should not give the prisoner the benefit of it. It was their
duty to do so, for they were bound to convict no one ou evi •
deuce which left any rational doubt upon their minds. But
if they thought they could not explain all the eircumstances
of the case—the presence of prussic acld, and the conduct of
the prisoner—if they believed his statements unworthy of
credit, and conscientiously thought he was guilty of the
offence with which he was charged, it would be their duty
for the sake of public justice, that the administration of that
justice might not be disparaged, and that the confidence in
the public in that administration might not be shaken by a
person not being convicted upon evidence which, upon due
deliberation, was calculated to produce an impression that he
was guilty. It was now their painful duty, after the advice
and assistance he had given them, to form their own delibe-
rate conclusion. He would add nothing more, but would
leave the issue entirely in their hands.
Mr. GUNNING begged to remind his Lordship that he bad
not mentioned -the evidence which had been given with re-
spect to the prisoner's character.
The Learned JUDGE then said there wa.s one circumstance
which he wished also to remind the jury of, and to which he
had already adverted, but only in a general way—he meant
the good character which the prisoner had received from li
several witnesses. Such evidence was admissible in cases of
this kind, because it went to show the general impression of
the habits and feelings of a person. The prisoner was re-
puted to be a kindhearted and benevolent man. It was ad-
mitted by his Counsel that he had been transported for some
offence, the nature of which they had not been told; but it
was said that it was Rot one which was calculated to affect
his character for kindness of disposition. His Lordship then
read over the evidence alluded to, and left it for the jury to
decide in reference to its value to the prisoner in his present
position.
The Learned Judge concluded his summing up at 35
minutes after 11 o'clock, and the jury then retired to consider
their verdict. At five minutes after 12 o'clock the jury re-
turned into Court, and a passage was immediately cleared for
them, in order that they might face the prisoner whilst de-
livering their verdict.
The prisoner looked extremely pale, but advanced to the
front of the dock with a firm step.
The names of the jury.having been called over,
The Clerk of the Crown said—Gentlemen, are you agreed
to your verdict?
Foreman—Yes. • _ _

The Clerk of the Crown—What say you, is the prisoner
guilty, or riot guilty?
Foreman (in a loud and firm tone)—GUILTY.
The Clerk of the Crown, addressing the prisoner, said—
You have been indicted for the wilful murder of Sarah Hart,
and you have been found guilty of having committed that
murder. What have you now to say that the Court should
not give you judgment to die according to law ?
The prisoner made no reply.
The usual proclamation fur silence, whilst the Judge was
pronouncing sentence, having been made,
The Learned JUDGE put on the black cap, and addressed
the prisoner in the following terms :—Prisoner at the bar, the
jury have just returned their unanimous and deliberate ver-
dict against you. They have performed their painful duty
under the solemn obligation of their oaths, and it now
remains for me to perform my duty, by telling you that for
that horrible, base, and cowardly crime, of which you have
been convicted, upon clear and satisfactory evidence, yen
must die an ignominious and horrid death on the common
scaffold. You thought to commit that crime, and you
thought no eye would see you, except that eye which sees
all things, and to which you probably paid no regard ;
happily, circumstances were discovered, and numerous co-
gent and satisfactory reasons have been adduced which have
left no doubt on the minds of the jury, as they have none
upon mine, nor, I will venture to say, upon the minds of
any of that numerous auditory who have been listening
with painful attention to the trial, that you are guilty of one
of the most diabolical offences that ever man committed.
We now see, almost as it were with our own eyes, you mix-
ing the poisonous ingredients in the cup from which she was
to drink in a moment of unsuspecting confidence on her part,
supposing that you were her benefactor and protector. You
hurried her—you hurried her in a moment, without allowing
her an instant for the preparation of her thoughts, to give
that awful account for which you have now only a few days
left you to prepare. I will say nothing more of your
heinous offence, because I do not wish to aggravate those
feeelings which I hope and believe are at this moment
tearing your mind. I wish it were so, that you may be
brought to repent of that grievous sin, and of that course of
your life which has been marked by hypocrisy, during
which you wore the garb of a virtuous, peaceful, benevolent,
and religious body of persons. I say to you, repent of those
grievous indulgences of your passions, and the crimes of
which you have been guilty, when in a state of mind so
devoid of all feeling as to commit this wicked and cruel
murder. I will say no more. I hope you will profit by
the little time left you, which will not be longer than the
law allows, and endeavour to repent of your crimes. Pros-
trating yourself at the Throne of Mercy—seeking there,
through the grace of the Almighty, and the merits of the
Saviour, that mercy which you cannot obtain from men. It
remains for me to pass upon you now the sentence of the law
—that sentence is, for the murder whereof you have been
convicted, that you be taken from hence to the place from
whence you came, and from thence to the place of execution,
there to be hanged by the neck until you are dead, and that
your body be taken down and buried within the precincts of
the goal wherein you shall be confined after the passing of
this sentence ; and may God have mercy upon your mi-
serable soul.
Daring the passing of the sentence the prisoner appeared
calm and unmoved, but when the last words of the Learned
Judge were uttered the muscles of his face became slightly
convulsed, and he walked back into the dock without the
assistance of any person.
Notwithstanding the calm demeanour of the unhappy
criminal throughout the trial, and even while sentence was
being passed upon him, his strength became exhausted when
he descended the ladder which leads from the dock to the
gaol-yard. He fell upon the ground in a fit, but he was
immediately raised by the gaolers who were conducting him
to his cell, and he recovered in a few minutes. His
spirits, which, during the time he was in prison pre-
vious to his trial, were unusually good, have now sunk
to the lowest possible ebb. Up to a late hour of the even-
ing he continued to pace his cell, and cry "Oh dear, oh
dear, what will become of my poor wife and my children !"
Dinner was served to him at his usual hour for eating,
but he declined to partake of it. Later in the evening
.he ate some beef-steak. Whether in seriousness or other-
wise, his conduct gave evidence of a feeling of certainty that
he must be acquitted. He not only. invited the person who
daily served him with his meals to visit him at his house, but
anticipating that his trial would terminate on Thursday
night, he actually had a carriage in readiness to convey him
to his home. His son, by the unfortunate woman Hart, was
in Court during the trial. He is a very fine lad, about five
years of age. When the verdict of Guilty was pronounced
by the foreman of the jury, a murmur of applause was heard
in Court, but it was at once suppressed. During his trial
the prisoner maintained a. bearing approaching almost to
levity. Several gentlemen were permitted to stand in
the dock, which was a capacious one, during the pro-
ceedings. On Thursday, during a momentary absence of
the Judge, one of them being near-sighted, raised his
eye-glass to look at Tawell, who, when he observed it,
immediately went up to the gentleman, and asked—" What
does thee mean by looking at me more than at any body
else!" The gentleman was so taken by surprise at the
question that he could makg no reply except to stammer
out, 1 beg your pardon; I did not wish to hurt your
feelings."
During the temporary adjournment which took place each
day, the prisoner talked and laughed in a confident manner
with some persons who stood in the space between the dock
and the counsels' table, and who, as it afterwards appeared,
were his witnesses as to character, and persons connected
with his legal advisers. Another incident will also better
convey an idea of the man's character than a laboured at-
tempt at description. A prisoner who had been convicted
and sentenced to fifteen years' transportation came into a
room where Tawell was, and while he was crying and groan-
ing bitterly, Tawell began to comfort him by saying that he
should not fret, that Sydney was a very nice place, and that
in a short time he should get on very well, and not be sorry
for the change.
The children of the deceased woman, Sarah Hart, of which
the prisoner is the reputed father, were in the neighbour-
hood of the Court throughout the trial.
It is stated that the prisoner's present wife wished to be
accommodated with a seat in, the Court during the trial, but
that her friends dissuaded her from availing herself of a fa-
vour which would have been granted, but which could only
have augmented her sufferings.
On Thursday, while the Court adjourned for a quarter of
an hour, the prisoner wished to have a glass of brandy-and-
water; the Governor would not accede to his request, but
lie was allowed a sandwich and a glass of wine, which he
swallowed with avidity.