The Sun.
London, England, 1844-03-02 00:00:00

ASSIZE INTELLIGENCE.

•
• R OME COCIIIT.--7liertfuid, Marel T.
CROWN CounT.---,The Rey.
,Jatnei Brogden. ittrren-
dered,to.answer, an lialietment,charging him with:felo-
iaionsly discharging a loaded gun. ht:L.Cornelins-,Wintle,
With intent to disfigure -another: count tlae:pri7
soner's intent was ffifilp and disabld e ,
prosecutor,-or to do him soniegrieV'ous bodily hatch fl I •
Mr, Ryland- and 3lr:' IlOil4Al,eanduCtect the: prosecu-
tion. The 'Prisoner aces .defended: 'by Mr. -Montagu
C'hatril s,' Air.-Lyilekkert and the Hon. Aobt.'GrimSterf.
Mr. IlvLANßadslcesspd the jury, and said the Prisoner
,;was charged
_Aviit wie-df•th6•Mbat'Setions offences; and
under -eircurnstarreesiViciett dentandedo and-rite,: was sure
'would no doubt:receive, their most serious consideration.
'The prisoner was charged with the olfenee of shooting at
.the prosecutor, and the real question was, with Whatin-
tent that act was committed. The nominal- prosecutor'
was a constable of the Hefts constabulary; but the real
prosecutor was Captain itebertson, the head of the 'police
force, who. acted under the Orders. of the magistrates.
The prisoner, was 'it' clergyman- of the Church of Eng-
lanctund -he was bound to'fairthat.itp to that time he
was universally esteemed and, respected, and he (the
Leuned Counsel) could assnrethem that he appeared on
bun'the present occasion to prosecute under feeling 4 of
very considerable, 'pain. atuVi•eltietance. -. The Learned
.Connsel then prodeetredto state the circamstances,under
which thecharge.vvas' made against the prisoner, and
•which*ill 1-4. e. better understood by, the evidence. At
the same; time he ObSfrred, that he felt itto be his duty ,
to state that there was not the Slightest evidence of any
ill feeling, being entertained I by, the ' prjsoner, against
the prosecutor, but rather the contrary ; and, .he added
that after the occurrence it was only due to the prisoner
to say, that he had dons _all in his power to 'alleviate
the paniamlittjury . sustained. by the prosecutor. Tli:e;
real Act appeared to be'that the prisoner,' feeling' some
alarm, and imagining that thieves Were k upon thelpre-;
.mises, had- discharged • the gun at a person whom he-
Supposed intended to injure him either in, his person or
property. The -Learned Connsel then' proceeded to
make some further remarks to the jury, and observed
that if any difficulty should arise .as to .the law, that
Would be,no doubt,.. reserved Lordship_ for the
consideration of . the 4udges.—The following evidence
was then , . ' • •' - -
Cornelius Wintle' examined"by Mr. Ronwill.---lanr
One of the Herts constabulary, and on the 31st of De-
Comber last I 'was on'duty at Childwick-green, :near St.
Albares-,.about one o'clock in, the morning. At that time
I was:near the prisoner'shense, and I- heard two sepa
rate reports of fire;arms,_ almost together, , and this in-
duced me to -turn • round and run back to;; the house..
:When I.got to a.poplar tree:by the. side of the road, about
:ten .or a dozen yards, from .Mr. BrOgclen's 'yard gate,
I received the .contents 'of st gun -in ray head,. eyes,.
and different other -parts of my" body. , I. dropped
'immediately- in the road, and _ lay senseless for, some-
time. It was a moonlight night. In . a short -
time I put my , hand to my head and found it
covered with blood,- and I Called- out that _1 was,
shot: I then heard Mr.; Brogdenssay---7".0h, my God
there is some one.. shot." Shortly. after this I saw
George, Mr. • Brogden's butler, 'and several females,
and the prisoner said to me Why did you not answer
when 'I called'out to you ?' I toltl him I did not hear
hint.. * The prisoner then asked me why I did not show
my light as I had promised to do,:and I said that I had
promised to show my light if I was on his premises at
any time When he opened the' window, but at this time
I was on the road. I also 'told him that it was such a
light night that 'ho could see a man on the high road a
quarter of a mile off. ,•It was both moonlight and star-
light. I should say that the- place where I'was standing
at the time I was shot, could be easily seen from the
'house. Mr. Brogden, the prisoner, immediately sent
for a doctor, and rendered. me every assistance. .
Cross-examined by Mr. CHAMBERS—The prisoner
has lived in thishonse abdut four months, and 'when he
first came there was some conversation about the dan-
gerous pOSItiOn of the house, and it was then arranged
that I should show .my light whenever I was upon ,his
premises.
Mr._ CneatnEas—Was anything said about the hOuse
being lonely ? -
Mr. Baron ALDERSON.-110W- can that be material ?
If: he believed the constable was a thief he had no right
to shoot him.

Cross-examination continued—The road in question
leads ter -two other houses besides Mr. Brogtien's, and
from thence to the fields. The shots to have struck 'me
must have passed over a wall, but not near the place
where there is a good deal of ivy. I had a lighted
lantern with me.

Sarah Woodbone; examined .by Mr. _RYLAND—On
Saturday, the 30th of December, I was in Mr. l3rogden's
house, in attendance - upon Mrs. Brogden; who !was,
within three days of her confinement. After .1 had
turned to bed, I was disturbed in the night by a noise
as if something was knocking at the yard gate, and the
dogs upon the premises barked very much. T g#:4 up
and looked - out of my wifidew 'kilo the lane at the ride
of the heuie. Brogden's* room was next to mine.
I could not see anything; becauSe it was such a dark
night. Soon afterwards I heard the noise again, !and
I went to- the window and rapped at it, tiiiiking
that if it was the'policeman he Would show his Eight,
but I did not see anything, and I then went to !Mr.
.13rogden's room, and he told me to open the staircase
w
indow looking into. the yard, but Alr. Brogden 0/en-
tunny did so himself. From that window you 'cart see
the poplar tree: The prisbrier looked out of the wiz*low
and said, " Who is there ? who is there l" : There

no answer, and the prisoner then said, "Yon had
stand off," and immediately fired his gun out of ,
window. lie brought a' double barrelled gun fro
bedroom, and he discharged both barrels ou
the window. The prisoner went away telling
to watch if I could see any body. I looked out
the window but could not see any thing. Icc
not observe the poplar .tree. The prisoner was
long' enough 'to re-load the gun, and when, he
back he again called out twice, •and then .firedi
direction, of the cottage as it appeared to me, and-
he had fired, I, heard a man groan, and Mr. Bro
immediately exclaimed, " Oh! there is somebody s
and he appeared very much surprised and agitated,
house was immediately alarmed, and the prisoner
all the servants, and also Mrs. Brogden, went oat,
the prisoner was assisted into the hoase. Mr. Bro

was
tter
the
his

The
and
and
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asked' the policeman why he did not answer whe:,
called out to him, and the policeman replied that lb
think he, would have shot off the premises. •
• George Rutherford Was then called, in order tit:
prisoner's counsel might have an opportunity of el
examining him. In answerto questions from Mr. CI
hers,- he said the night was so dark that he Could no
the policeman or tell who he was until he got cies
to him andfound him lying upon the ground.
Isaac Rye, a superintendent of police, deposed th t he
was sent for to Mr. Brogden's house after the oecurr nee,
and saw the prisoner who called him to him and aske him
to go up stairs with him. .He then showed him the par-
sonage window, and told him thathe heard some pe sons
about his premises, and he called out to them and fi din
the direction of the, poplar tree, and not hearing, an one
answer he reloaded his gun, and then returned t the
WindoW, and Called out again, three times "no is
there?" Ile then said he thought he heard footAteps,
and, he fired in the direction of the, cottage and the
poplar tree, and, soon afterwards he heard thems of
some person who was *minded; 31r. Brogden then
brought him' the gun, which he now producel I was
very dark at the time witness went, and he had no ob-
served that the moon gave any light in the early p rt of
the evening; if there had been light sufficient to observe
objects it would be Poisible to see the poplar tree from
the' window in question. •
Mr. Robert Clarke, a surgeon at St. Alban's, de sed
that he examined the person of the prosecator,and fund
that he was wounded on the head, both thighs an al).-
i
domen. The wounds were not in themselves dangefrous,
but might have proved so in their Tesults. , I
Cross-examined—Alr..Brogden csnstantly.exprfased
the greatest anxiety about the prosecutor..
Mr. RYLAND said this was the case for the proSeention.
Mr. BARON 4LDERSON ' expressed his opinion, 1 that
'there was. no case to go before thejtiry., kappearethat
the.prisoner had fired a gun out of a window in the park,
and there, was not tho slightest proof that he saw an
ane,'inuchless that he intended to shoot any bite. ' If
Mr.'llrogden had intended to shoot the person he fired
at; he, would have said, :"I have hit him," and not 'have
said, ",Good God,,there is a man shot." •
The jury considered for a short time, when the fore-
man said thy were unanimously of opinion':tha Mr.
Brag:den did not intend to shoot-at:any-one whenhefired
the gun. . ; : ' : , . , i
M. Baron At.ngnsoN said he quite concurred hi the
'opinion of the jury, and thou addressing M. ' Brogden
said I' hope, Mr. BrOgden,ydu wiltbe moue- careful in
futtire; it was a very ineautiousaet, tat I entirely acquit
,yon!of an intention,t9 injure any person."
wasßev. Gentleman then came upeti the:Bench, and
was Warmly greeted by his'friends, amongst whom were
the 'Earl of Verulam, Viscount Grisoston; M.P., Lord
John Manners, M.P., the Bishop of Hereford; the Dean
of,4'ly, :Archdeacon Thorpe, Rev. Dr. WOrdsWorth, of
Harrow, Rev. Dr. Nicholson, and T. H. Gape, Esq., all
of whom were in 'atteridanee- to bear testimony' to the
general humanitly and kindness of 'Mr. Brogden.
- . A vordict of Not Guilty was then recorded, and Mr.
Brogden, was ordered to be immediately set at liberty.

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