Star.
London, England, 1807-03-21 00:00:00

MURDER OF WILLIAM DHIVERS, ER..

Duntars was ineliFted on a charge of the
Murder of WlL.Ltard CH IVIRS. Efq. in the parifh of
Batterfea. _ _

Mr. Pormy, for the profecution, Rated, that the
prifoner was gardener to Mr. Chivers, a gentleman,
feeble and infirm in his body, and in the Sad year of
his age. Duncan had been only ten days in the fer
vice of Mr. Chivers, at the time the murder charged
in the indiament was committed, which vral on the
24th of January fall. The Learned Counfel Rated
the fats of the cafe, and then called the uitneffes.
Henry Gr oombt idge laid he was fel vant to Mr. Chi
vers. The prifoner was gardener in the fame fami-
ly. Witnefs law his matter alive at a quaver before
twelve on the da y of his death. lie went down to walk
in the garden at the back part of the houfe, and the
prifoner followed ahlut ten minutes afterwards.
Duncan prefently came in again, and raid, " My

dear Hairy, mafler is .lowri." The witnefs Rifted,
" Where, where ?" and the prifoner in great cnnt• .
lion pointed towards the fpot. The witnefs went
there, and law Mr. Chivers lying on his back. The
witnefs, in dcpofing to the particulars ,tt the fitua-
lion of the decealed, was extremely agitated.
Thomas Bowes produced the fpade with which the
fatal blow was think : the blood was yet remaining
upon it. The whangee, or flick of the deceafed, w,.s
alto exhibited, with which it tva% alledged Mr. Chi-
vers either Bruck or threatened the prifoner.
Henry Groombridge being again called, raid, that
cis feeing Duncan pals the flout of the bottle, lie
called out to him, ‘. You villain, you have murder.
ed my mailer." The witnefs then went to Mr.
Railton, a next door neighbour, for aflitlance. John
Drinkwater, one of Mr. Railton's fetvants, came to
help them, while another of the family went for Mr.
Buckland, a furgeon at Clapham. The witnefs had
lived with Mr. Chivers 15 years.
Mr. William Buckland laid, that he examined the
body of Mr. Chivers on Saturday the 2.1. th of Janu•
ary laft. There appeared to have been two dittinft
wounds, which were bleeding very profufely The
one was flight, and on the lower jaw : the other ap-
pc, red very extenfive, commencing about mid-way
in the nofe, paffing through the centre of the fact,
and meeting at the angle of the jaws ; its length was
abou: eight inches, and it was three and a half inches
deep. The wounds were the occafion of the death
of Mr. Chivers.

WilliamWhitemore,baker at Batterfea, went to the
houfe of Mr. Chivers, on hearing of the death of that
gentleman. It was at one o'clock in the afternoon.
He law the prifoner there. " I asked him (laid the
witnel,) how came you to do this ?" The prifoner
Paid, " Is he dead?" A man (landing by laid he
was. The prifoner then laid, " I mull die for it."
" I and the prifoner (laid the witnefs) walked up
and down the room while the minims was making
nut. I then Aced, how he came to commit fuel; a hor-
rid ael ? He anfwered, . On Wednefday Mr. Chivers
came to me and made ufe of fome bad words, and raid
I had fpoilt his vine and that I did not know my
Winer's. He added, that I mutt get myfelf a place
on Saturday night, as he would not let me be there
any longer. I immediately replied, , You old rat--
cal, how could you take me away from fo good a
place as that I had, and now to difeharge me at a
day's notice ?' There was nothing further paired
that day, but on Thurfday I law the maid, and afk-
ed what was the reafon I had not teen my mailer ? I
did the fame on Friday. On Saturday my mailer
came down the garden to sue, and ufed a very bad
word. My matter (hook, at the fame time, his
whangee over me. He did this feverai times. I
then (topped back with my fpade—l ru(hed it upon
him, and took him upon the upper lip. The fecond
blow took him at the top of the note, and down he
fell." The witnefs again asked how he came to com-
mit In horrid an a& ? and the prifoner replied, that he
had it in his mind from four o'clock on Wednefday.
The evidence of James Collingworth and James
Dixon, gardener to Mr. Thornton, doting the cafe
on the part of the profecution, the CHIRP BARON en-
-1 quired of the prifoner, if he had any thing to fay in
his defence? when he expreffed himfelf in the follow-
ing terms, in a firm and dirtinel manner :
The Prifoner—" I beg leave to affure your Lord-
fhip, that I never bore Mr. Chivers any malice what-
ever. On Saturday morning I had been employed in
digging fume ground, and with my fpade in my
hand I went to the green houfe to give it from air,
and there I left my fpade. I then went for fome m-
fr.:fitment, at eleven o'clock in the morning, as was
ufual, and on going into the kitchen I law the foot-
man, of whom I Aced how long it was fince Mr.
Chivers wer.t out ? I then went into the garden,
and to the green•houfs, into which I let a little
more air. I then went with my fpade in my hand
and looked at a vine. I law Mr. Chivers, told him
that I had finifhed my digging, and Paid, I was lorry
to have left Co good a place, and now to be turn.
ed off. A few words paired between Mr. Chivers
and we ; and the lag expreffion he ufed when I had
the fpa.le in my hand was, 44 You fcoundrel, I will
break your flcull." He (hook his cane over me—he
made an attempt to ftrike at me, when I, turning
afide, efcaped ; he again endeavoured to ftrike, and I
avoided the blow. After this, he followed me up
with his cane, and I then had, as I befo, e Paid, a fpade
in my hand. I railed the fpade, and to my furprife
it (truck him. Immediately afterwards, I went into
the green houfe, with the full intention of taking
away my own life, but I had not fufficient courage
to do it. I then went into the kitchen, and called
Henry, who Paid " what is the matter ?" and I re-
plied, " Good Lord, I have (truck my mailer, and he
fell." I then went out towards Clapham, and the
fit It perfons I raw were a butler and a gardener. I
went to the garden of Mr. Robert Thornton, and
afked for Mr. Dixon, who is one of the gardeners.-
I'hey laid he was cutting a vine, but they went to
him, and Mr. Dixon Cent me word that 1 might
come to him. I asked if any body was with him,
and they laid, " Yes." I then defired to !peak to
him alone, and Mr. Dixon inquired if I had any
thing particular to mention, and I told him " yes."
The firft words I raid were, 44 I have ruined myfelf."
He inquired 44 What is the matter i" I Paid, 44 lam
afraid I have killed my mailer." He then raid it
was a dreadful thing, and that I had better go back
and refign myfelf into the hands of Juitice. Upon
this I obferved to him that if I timid be executed, I
(hould be glad if he would write to Scotland, and in-
form my friends there that I had died fuddenly. He
laid that he would, and I then came back towards
Mr. Chivers' houfe, and my heart failed me. I turned
again, but I had not gone far before I met a man,
, who laid to me, " Are you Mr. Chivers' gardener ?"
He then told me I mull go with him ; and I replied
with all my heart. He laid that this was a very
dreadful thing, and added that he was very forry for
me ;• to which I anfwered, " I am forry alto, but I
am afraid that it is too late." After this I was taken
to Wandfworth, where I underwent an examination.
I was then committed to Horfemongez-lane ; and
from thence I have been brotight here to take my
1 trial."

The witnerres fur the prifoner were then called.

Chat les Graham, gardener to Mrs. Davenport, de,
poled that he knew the pt ifoßer tince May laft ; that
after Mr. Chivers had hired Duncan he fent to the
witnefs to enquire how the prifoner had behaved him-
fell. The witnefs never law any thing but that he
was a Eb:r, qttiet, excellent young man.--ETurz over.

11:11 tliz4beth Barnett laid, that the had long

onwn this young mar.—that he was a f:rvant in her
rothetis family. No man ever byre a better charac •
ter—he gained thc•srood will of every one by his ex-
silent condul. He had been iu England tince
September 18E4. This lady delivered her evidence
with great energy, and under the moll afffaing
trefs of mind, from keing the prefent tituation cf the
prifoner.
The CHIFF BAstosr, after Elating the nature of the
indiament, laid, that the prifoner was accufed f.f hav•
ing murOered his matter. He had given a detailed
account of the vanficlions refer red to in the evidence,
And the Jury w ‘old recollesl, that in conlidering his
. narrative, it m a • fair to allow what he fail in his own
favour, as well a, what he Cud againft himfelf. The
queflion was thi, : If there was a previous detign in
the breall of ihe r rif no- to perpetrate the crime of
rrurdet ? w if, bei,p, threatened, provoked, or afrault-
. ed, he did this a6lfrian the paClion of the moment ? Its
the latter cafe th,r crime law was extremely diffe-

- _
rent front that of wilful murder. It was not eafy to
Currie tit it there fliottld be filch a diabolical deign
hunted in fo th, rt a roace of time.
liis I,.:Wfhip here enteted into a general review
of the faOs in evidence, ard then concluded—" -Ey
the witneffes who have appeared on the part of the
defendant, he Lents to, be, in their judgment, a very
moral young min. You ate to judge, if you think it
wac a deliberate intention, or if it were the ebullition
of anger at the iffliant, under the circumllances of
provoc,oion Ita,ect. If the defign fprung up un Wed-
nerlay which wac executed on Saturday, the offence
will be murder —hut if it were not previnufly formed,
then there no execution of Inch a deliberate in•
tor, and he be acquitted of the capital part of
the char,...;."
gle jury, after baring conferred for a confidera
ble time, found the prifoner Guilty of Murder.
The plifoner, during the whole of the time, con-
duped hiinfell with great cempofure. He was a tall
C.ictic rutin, of refpeatable appearance.