The Sun.
London, England, 1820-07-29 00:00:00

•

:16

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Parkof's-fobt was 'particularly hi!gh on the instep;
had no doubt the foot or the body was Parker's.
William Patten!) a surgeon, proved that he saw
the bodies; Parker's skull was fractured in ,eve-
rat places ; •the blows seemed to be given by a
'circular blunt instrument ; thought it must have
been a hammer; they must have caused instant
death ; the female's head was fractured in two
places; the face much, bruised; the fractures
must have caused instant death.

Thomas Cole, publican, at
.Portsmouth, proved
that he saw prisoner at Portsmouth a month be-
fore the murder ; lodged with witness ; prisoner
left witness on the elgth of February ; be then
owed witness 51.; borrow'ed 11. of witness then to
go to London. Prisoner said h.e was going there
'to sell some goods, and see his father and-friends.
Witness was repaid on the sth of March at noon,
t3y a labouring man who took away the prisoner's
trunk, ; it .was paid by a 5/. note : saw prisoner
once after this in Portsmouth. When he lodged
with witness he went by the name of James
Watson.

rossaexantined.—Prisoner had valuable goods,
chiefly silk. When sober, the prisan'er was very
veaceltble and quiet ; had the opthalinia when
.living with witness.: did not wear spectacles. .•

Francis Fautkner—COachman of the Hero
coach ; recollects prisoner; on the -Ith of March
took him up at Mouse-hill, 3G miles from Lon-
don ; had a small bundle with him ; he sat on
the box ; said he had come front town to Milford
by the Chichester coach that morning ; showed
witness a coral, which he said he had found ; it
was in a tarnished state ; left him at the Fountain
Inn at Portsmouth, at six that evening.
Cross-examined-,LBut for the Way-bill should
not have remembered the day.
Ann Kirby lived• at Portsmouth ;..an unfortu-
nate: woman, there; first knew prisoner in No-
vember ; knew him by the name of Watson ;
knew him till he left Portsmouth in February ;
lie had a nephew there; the nephew called hint'
Watson. Prisoner said he was going to London
to get some money ; raw him on his return from
London, ott the .4th March ; said he had come
from Woolwich from his friends ; said he and art-
other rode on horseback to Mousehill, and from
thence he came by the coach; said he arrived at
eight o'clock, and came to witness directly ; pri-
soner slept with witness that night, at the Red
Lion. Next day; at breakfast,-prisoner sent a
man to Mr. Cole's, with a note to pay4l. 15s. Sd.
The man returned with a trunk and some change
in -a paper. Prisoner slept four nights more
there with the. witness. After that the witness
was afraid to sleep with hint. He threatened to
kill witness, and was so alarmed in his sleep—
would cry out in his sleep " What's that !" and
call some name, Betsy or Sally.. In consequence
of this witness left prisoner. He . gave witness
ear-rings and a shawl, and 15s. in money. Wit=
ness occasionally slept with him afterwards; his
behaviour in the night continued the same. Pri-
-soner said he had killed two men and one wo-
man=the men in duels ; it was a secret, and wit-
ness must not divulge it. He killed the woman
by striking her, but he did not like to hear of it.
Prisoner often went to the Play after he returned
from London, and dressed differently to what he
bad done before—a hat instead of a cap, and
white top boots—let his whiskers grow, which he
did not before, and wore silver spectacles.
This witness underwent a very long and severe
cross-examination, but site did not deviate mate-
rially from het original story.
William Duffey, nephew to the Prisoner, was
at Portsmouth in Mara; first saw the prisoner
at Portsmouth in November ; his name is James
Nesbitt: lie went by the name Of Watson in
ovember ; he said he went after his mother's
name. Ott the 4th March saw the prisoner,, at
seven in the evening; said he came from Wool.
wich by the coach ; said he had seen witness's
mother at Woolwich. On the sth of March
saw prisoner and Ann Kirby at the Red Lion,
at half past ten in the morning ; never saw them
together again ; after he was removed, witness
received a letter from him ; witness destroyed
it ; don't know that. the signature, James Nes-
bitt, was the prisoner's hand-writing. The let-
ter asked the witness to get a man and Mr. Cole
to take their oaths that prisoner had desired the
man to pay money to Mr. Cole by a Si. note,
which Ann Kirby had sworn to be a 101. note ;
and wanted witness to go to Mr. Carter to get
some money, which was taken from him when he
was apprehended ; also wanted to know if Ann
Kirby was coming against him ; if she did he
would have her cropped, for she was the worst
enemy he bad. 'Witness did not know what
4 cropped' meant.
. Joseplt Irish, watchmaker, at Portsmouth.—
Prisoner came to witness on the 10th March;
left a repeating watch to be cleaned ; prisoner
called for -it 041 the 13th. Witness saw the
watch afterwards in the possession of Barnard
Solomons ; it was an old fashioned watch, and
very particular ; witntbss brought back the watch
the same day ; it had stopped ; he called for it
again in a few days ; he asked its value ; witness
said h was worth 51. He said, " Is it' not gold ?"
'Witness said he had thought it was. Prisoner
said it had been in his family 100 years ; he had
the watch away:
Barnard Solonaons, pawnbroker, at Portsmouth,
knows the prisoner; he came to witness's shop
on the '22d March ; produced a watch—(last
witness identified the watch as the one cleaned
by him)-,--asked ten guineas for it ; said it had
belonged to his deceased father; he was 83 years
',)f age when he died. Witness would not give
that price for ' it. Prisoner said he had some
old silver at the George Inn, and would call the
next day ; he took away the watch, and called
the next day at three ; he produced the watch
and several spoons ; six or seven table-spoons,
and as many tea-spoons ; they weighed 17'ounces.
Witness bought tile •whole for 01. 6s. 6d. (wk.
ness produced spoons) they are marked T; P. M.
and some 11. P. M. Prisoner said his name was
Fage';' witness sold some Of the spoons, but
afterwards got most of them back. Prisoner
acknowledged that these were the spoons and
watch which he sold to witness.

Inward font, gaoler al PortsMO uth, arrested
the prisoner on the 23d. March ; went with Tho-
mas Hill, at half-past eleven at night ; found him
at the. Red Lion ; he was alone. When I entered
he pulled out a pistol ;
_I caught it by the muz-
zle ; Hill followed me ; in the. scuffle I. fell, but
got it from "lint ; he drew another pistol ; II ill
and the landlord laid hold of him ;" I got up ; we
secured him, and got away both the pistols; it
was loaded with powder and wadding, nearly to
the muzzle—no flint then—the other had balls,
and a flint, and pruning. Hill,searchedhim, and
found three keys. They opened a trunk, and a
box in it—they were in the bed room—the pri-
soner's room—in the largd trunk were clothes, a
coral, and a file ; there were remains of a mark
on the coral ; it had been filed away,
.as it ap-
peared by the tile we found ; there was a cap,
with a gold band, and a pair of, trowsers burnt at
the hip ; and a woman's apron ; also a pair of
spectacles, not silver. In- the little box i found
a gold watch,a pair of shyer tongs Marked M.H.,
a silver, sauce ladle, two table spoons, six tea
spoons; the maker's name on the watch was
Vick, London ; several rings, broaches, chains,
ear-rings, pins, and various • ornaments, all- of
gold, also some knee-buckles. They were all
shown to the prisoner ; he asked for an inventory ;
he said they were all his.
Cross-eZamined.--Prisoner said be had bought
some of the things of two men named Pearce
and carlile. 't his Was three days afterwards.
Thomas Hill—Accompanied the last witness,
and corroborated the whole of his
,Stalethent ; he
produced the watch, ancl'a gold chain and seal.
and . another seal engraved T. P. with various
other of the articles mentioned by Hunt, parti-
cularly the silver spectacles marked T. P. which
were found on the prisoner's person; Witness
charged the prisoner, with the murder. He re-
plied, " You know but little about that yet ; but
you will know a great deal more."
henry Ridout, High Constableof Blackheath.
—1 have known the •prisonoa Many years; as
long as I have known him he has one by the
name of Nesbitt : prisoner's father is now diving,
he, is quite a poor man. From October to :March
the pri,,Jz/ev,,A absent from Woolwich ; Read
gave me stho, .a-Ait..,;cs. from the fire—jewellery.
(witness pN.:tiveit them) ; they resemble those
found on Cr,' prisoner In fashiOn and date.—l
took down what th:e prisener said at -Portsmouth,
and read it over to him, in the pyesenc,e of Hill,
on the•2Bth of March. No
-threat or promise was
used . to hird.—.—(The -paper was TrodUced; and
identified .by the witness.)-=—l saw the prisoner
sign that paper " James Nesbitt.",—(The paper
was read, and purported to be an account of the
prisoner's purchasing of some men whom ire met
near Woolwich, the articles found upon him at
the time of his apprehension.)—On the 11th of
April prisoner Made another 'communication to
me in the jail at. Maidstone. I took down what,
he said, bit r
.not in his presence, nor did I eve
show it to 1-mint7—(Witmiess.wty allowed to read the
paper.) It was a confession that time prisoner
had been concerned in the murder, with four
other men, who were then out of the country,
and whol, if they could be found, would, he
thoumht clear him,

John Jackson, son-in-law to Mr, Parh4T.—
lie had been a fancy working jeweller, and left
off business twenty-five years ago. I know this
watch, it was Mr. Parker's---(thiS was the watch
produced by' ; I know„these spectacles, they
were Mr. Parker's—(these were the spectacles
found on the prisoner) ; I know this table-spoon
marked T. was Mr. Parker's-7-(this
was produced- by Mr. Solonion's)---I know these
four tea-spoons, they were Mr. Parker's—(tkese
also were produced by Solomons..)—The witness
also. identified some other articles.

Upon his cross=examination,„ it appeared that
the witness bad not known these articles to be in
the possession of Mr. Parker it or near the time
of the murder and robbery. ,

Jackson, grairdson of Mr. Parker.--4 believe
that watch. to have been "Alr.:YArk,er's ; 'and this
also from having repairedit myself. I remember
the chain likewise ; Mr. Parker used spectacles ;
I know nothing of these spectacles ; I can
swear to. these sugar tongs ; speaking of the articles
produced.
J. Elliott, working jeweller, and Edw. Cherill,
who succeeded Mr. Parker in business, deposed
• .
as to part of the propertr; '
The case 'being closed for the prosecution, the
Prisoner was asked if he had any thing to say in
his' defence ? He replied he had, and
mencd in a very calm and collected, manner a
circumstantial account of his procee4ins from
the 9th November last, and stating thitt,"'he dad
purchased the articles—of jewellery fm three
men mho- overtook, him on the road from Wool-
wich to Portsmouth, on the 3d .of March. last.
He affirmed that, he had property to a great
amount in contraband: goods when he left Ports-
mouth, and he came to London for the purpose
of disposing of it, and did sell to a Jew about as
much as eame,tol4l. lle,concluded by.protest-
ing his innocence of tiN murder, and said- his
Counsel had a certificate of his character from
his officers, and he left his defence to him.

Mr. ANDREWS said, he had the Paper to which
the prisoner alluded, bit there were no witnes-
ses that he could call that would be of any seivice
to him.
The COMMON SERJEANT—" There are three
persons of his family, my Lord, among my wit-
nesses, whom I have not, but my Learned Friend
can call if he thinks proper."

The Prisomer—" if I could have got liberty
and. money, I could have got ple4y of wit-.
nesses."

John Nesbett sworn—(a youth about 14 ; he
wept bitterly on
.corning into the box, and the
Prisoner also seemed much affected). lie swore
that a mark of fire on his father's pantaloons
were made long before the murder of Mr.
Parker.

The LEARNED JUDGE, at the desire of the pri-
soner, permitted the witness Coles to be called
again. In reply to a question from the prisonef,
he said he supposed the property he took w.th

him to . Lonilon might be Werth about -lot. ; it
was in contraband goods.
The Prisoner then requested his nephew
Might he called again. - Dailey was then asked;
if the Prisoner had not complained to him that
'some,one had robbed him ? lie replied, he had
complained of another young woman having
robbed him, brit not Ann Winter,

The Learned JuDqE then proceeded to sum up
the evidence to the Jury ; who consulted toge,
ther about ten minutes, when they returned a
verdict of—Guitly.
The Learned JUdge then placed on his head
the.awful black cap, and admonished the pri-
soner to make• use of the short time.he had to
live-in supplication at the Throne of Grace for
mercy and forgivenesS. Ile then sentenced himn
to be conveyed back ,from whence he came, and
from tlAence .to the plaCe of execution on Mon,
day next, there to.be hanged by the neck till he
was dead, and his`body to be delivered to be ana-
tomized.

The Prisoner, who mid during the whole of the
trial maintained the. reatest firmness; now appear-
ed a little touched ; he shed a few tears, but
hastily drying them up, he exclaimed, " Though
the laws 'of my country have found me guilty, I
am not guilty of the clime. The man ' com-
mitted it is now in Maidstone:"

He was then taken from the bar, exclaiming,
he was innocent of it.

The prisoner is a wall-looking man, of a reso-
lute-and fearless expression of couutenance, and
appears about 45 years of age.

NI.IDSTO.NE, JULY 27.—CIVIL SIDE.
CIIOSs As';AULT
THE KING V. GEORGE ArcuhTus HIRE, ESQ.

This was an indictment against the defendant,
a haiT-pay Captain in the Navy, employed in the
service of the Customs, for assaulting or wound-
ing with a tuck or dirk George Pitcher, at lithe,
on the 15th of April, 1818. '
Mr. ADOLPIJUS (wail whom was Mr. ABRA-
IIAm) opened the case with his usual eloquence,
and introduced it by observing, that the facts he
should have to hty before the -Jury would dis-
close an instance of the most gross, wanton, and
cruel abuses of office, that ever came before a
Court of Justice: . , -

The case opened and proved against the de-
feddaut was to this effect :—The prosecutor, a
respectilble wine-merchant and dealer in spirits
at 'lithe, had, on the 15th of April,, purchased
60 gallons of brandy and gin, in casks, at a Cus-
tom's Sale, at New Romney, which cost him 801.,
and having obthined a permit to convey them to
his own stores, lie was returning to liithe in the
evenin,-, about nine o'clock; when he had nearly
arrived at that Own) he was hailed by the de-
fondant by his name, who asked him what he
had got in his cart ? lie replied, that he had
spirits ; upon which the defendant replied--
" You have smuggled them; and 1 must seize

theth." 'The prosecutor answered, that it was
rather hard he should lose his property, which
.he had purchased and paid for, before he got it
home. Ile was asked by the defendant, if he
had got a permit, and he replied in the affirma-
tive. The defendant then, with great fury, in-
sisted upon seeing the permit. Mr. Pilciter said,
hehad the permit in his pocket„ that he could
not part with it, as it was his only protection,
but added, " I'll spew you my permit, with great
pleasure, as soon as we get alight." They soon
approached' the Duke's Head public-house, at
the entrance of .the town of blithe, when the
prosecutor called to the landlord to bring a candle.
The latter did so,' whensthe prosecutor produced
1) is :permit, mul 'the defendant attempted to snatch
it out of his hand, but he avoided his grasp, and
then said, lie had no objections to put it into the
hands of a Mr. iladdan, by whom they were
mediately joined, saying that he was a respec-
table man,and he accordingly delivered it to that
-gentleman. The defendant, however, insisted
upon seizing the cart and. its contents, in the
King's name and his own. This was opposed by
the prosecutor, who went to the horse's head,
and, held it by the bridle, a4id at the same tithe
threw his whip into the cart, saying that he did
not want.to resist the defendant. The defen-
dant then pulled out a tuck from a stick, .and
advancing with great rage towards the prosecu-
tor, apparently with an intention of sticking him,
the latter held up his hand to avoid the blow,
and was wounded severely between the fingers.
—He then ran round the cart, in order to avoid
farther injury, and he was pursued by the de-
fendant, to Whorn he immediately said-7-A You
puppy, what do you.MC:III by drawing upon a naked
map ?"—The
.by-stande!s interposed,- and pre-
vented further violence, but the defendant still
insisted upon making- the seizure, and calling to
some soldiers,. he placed the horse and cart in
their custody. Inimediately afterwards an Ex-
cise Officer was sent for„ to whom Mr. Pitcher
delivered hiS permit. The prosecutor then re-
monstrated mildly with the defendant, and, ask-
ed him what could induce him to draw his dirk
upon an unarmed man, whO had given him no of-
fence.? He was amswered tivith great.*tence. by
the defendant, vho said," I thought itnecessary,
for such smuggling rascals as you always carry
arms with you concealed." The prosecutor re-
plied that he was no smuggler, and that he was
without the means of offence or defence. lii a
short time afterwards, the
_permit baying- been
examined, the prosecutor's horse and cart and the
Spirits were Tutored to him without further ob-
jection. It appeared that the prosecutor, was
well known to the defendant,.and that the latter
had previously ,dealt With .him for spirits. his
evidence was corroborated by that of Mr. King,
the publican, and Mr. Hadrian, a stone-mason.
The.. prosecutor's permit was not produced ;
his cart. had no name upon it, but that circum-
stance was explained by, the fact, that it had re-
cently been repaired.
Mr. Serjeant ONsLow (with whom were Mr.
Marryatt, Mr. GurneY; Mr. Nolan and Mr. De-
lany) addressed the Jury on behalf of the de-
•fendant, without calling-witnesses, and comment-
ed at Considerable length Upon the:evidence' ad-
duce'.. in support of the prosecution, contending,

_
il
that proted-Uto o*n conduct ana alu%
de,
language warranted the interposition of tile
fendant, who. must be `taken to have acted b°
fide tinder a 'sUpposition that the spirits itr (1-'205
e 5;
tion. Were smuggled:. lie remarked that this l'hat
the more manifest from the circumstances
the prosecUtoi3s name was not on the cart, P
that the spirits were carried •in quantities notor
allowed hy law. It appeared that the prosecti
had three casks in his cart, two of which '%,e.ed
full and the other empty. The permit -apP'l,lll
only to two casks, and the appearance of a th,/he'
actually led the defendant to suppose that 'ei
prosecutor was smuggling. If he acted unit
this impression,' the defendant would be entiL'e
to a Verdict of acquittal.
The CIIIEFJUSTIi:E charged the Jury, that if ths;
defendant was bona fide acting under the imPlied
sion that the prosecutor .was conveying smuggle
spirits, it would be their 'duty to .find hint
nvii,
guilty, because he appeared t.,) be a legallY fie
thorised Officer _of the _Customs. At the 53'11-e
tinier however, if they, were of opinion that.
had no ground for entertaining that impressl°os
they, were bound to find him guilty ; or, if,
posing • he had exceeded his duty,' or had act-h
with-more violence than was justifiable, thoula
lte conceived _himself merely acting in pursuati`
of his duty, still he would be guilty. OJ'
The Jury retired for about half an hour,
returned a verdict of Guilty.