Star.
London, England, 1804-01-14 00:00:00

XeM717:,11,

MAILS THIS DAY,—*llnd S. S. %%.
A•lt. 0111.
Dublin 1 a Hamburgb
Waterford fa 3

apt. art!
0 1

Pcazawes, jarr• f t.--,Since my left the Rasoto.
von Revenue cutter, Capt.. Sromisials, arrived,
and remains; and laft evening the &Audit* sad Dna-
RHIN cutters failed. The wreck which was towed
into this bay on Monday laf, proves to be the Li.
betty, of Great Yarmouth ; as appears by the word
Liberty marked on the flock of an ar.chor which wait
fart to it, and the letting W. M. which 1 fuppufe to
have been the initials of the malter'; lotinc.—As
corroboration of the above, I was this rnoraingin.
formed, that two boats have been walked in at a
cove near the Land's Ends on the !terns of which
are the words. Liberty cf Great Yasmnagb, The
rad appears to bare been a brig, and of about Asa
tons incallsrement. I thould be happy could 4 gi►e
zoo an account of the fafety of the unfortunate crew
belonging to her; there is however no room to
doubt, that the whole were soft ir. end:ooo43g to
make the land. _ _

. .
ra.r wour o, lass. t s.-,,Cante its a very large Drue4
dip. of about Goo tons burthen, called the Johan's(
Amfterdent. Captain lacoa SCOTT, bound from 7,la-
taviacp Ansfierdana. laden with one million eight
hondred tboufand lbs. of coffee, hefides other goods,
and is valued at fists thousand pots:lda; the was cap-
gored on the t R 4111 ant, off the ;nal/ of Spain. by the
Mayflower pf.vateer, of Guernfsh Captain
parer! : on the asth December, daring a very tre-
mendios *gale of wind, when of I:griette, the Johan
fell in with, and palled *an* 1.41 fOundres under
the command of Sir ;twain Past.ew,; but the wea-
ther was fo estremely bad. that net one 4 the IWO
could attempt
.to board her, and Ilse dos effeeede
her cfcape from them t baring heard of the war
underii,hcer"". tie 114, by means of a Swede. the
wad makins the bed of her way to Ferrol, when tLe
Mayflower tell in with hen• npd gIS will well rewarit
the cellists for ebeir ttnnfile the May flower camp
into the Soun4 witfilter,i.andWhen the Johan was iq
Way, qt; yore away for GpernCen—fhe is about sp,
tons Itprthen,ramptts four gum has twenty-five men,
and wits looting mt.; 0111)11 coati of ;ipaitt to mains
reegptviet.74ame ip the Safi JOSIIf, of tI; guns,
Vice,/ishnkn! Sir P. CPTT°Itt4423. Toil* eir
&eh s and she Rorer privateer,o this part, 'rowans
unfuecefsfal aurae. Tb; Sea Isla! le the fleet aIE
tau
qc *4.07 tans atbl the trench 41.,!4,1Pir

forristavyn, Jas. ti..Artiyed the Cm's*,
gorf Opt 40 tyre Annuacap; ;gate, lately map,
tore 4 by 4-Pr4 *ln al Mediterranean?
with a Beet of about chitty fail. 4Ncy arc under
quarantine at th. Mother kaulk.—*he isti. of sca
gums, Captain Loa!, which lately arrived from th.
Boulogne kaadron. is ordered to be fitted for Chan—
nel fervice. The Ttitsaa and iitalliOSTAMp for tbt
Idealiterranarts remain at spithe4d, waiting he
orders t and alfo the Houliji goop of war, with tp.
convoy for the Welt Indiel. gemain at 4t. Helen's?
the BRITANNIA, WlNasoaCasrt.a,Patscau Rona?
and Panics Qsaana, under the Rulers of Carta*
BARTIC

1:,

Da•s, Jaw. 13..4-M:rived IlsessoavatiTs frisam
from a cruise, and Amato Coop of war, from Slim-
mers, and remains with his MajeftyPA, flips as per
la, and the outward bound. The Beststau ink
brig has a final for a convoy to the WeCurard..o.
Wind S. W,

YAK MOUTH. jai. 11 3. •-!T(le MOAK!v peat?* hat
captures). N. W. by W. ss miles off AldbotroNg),
the fehuyt Yerandering, of Papeobargtt, 1141e0V
C*PTIVN mailer, with four hundred and forty.feven
half ankers of fpirits. This velrel was feat in het!
yelterday.— Arrived from Heligoland the Anal-
carp packet. Cape Hanscom), with Mails, but 40!
pafrengers Aft. the PRINCE or WALKS packet, Capt.
HAANN, with mails and pallingers. which were alto
landed here.—Arrived from a cruise the Peasuora
frigate, BOLD gun brig, and Favouarve cutter.—•
Sailed the FIRRITtsit gnit.brig.
Remain in the Roads the Heso, of 74 gnus, Ad-
miral Rossi i.L'S Rag Chip; DINS NC, of 74. guns
Psis Icor a frigate; ADDAR gun velrel ; Bost% ai4
CoNsrawrgun brigs FAVOURIT I and Xi so Gapaas
canon. A large light Ihip, name unknown, got oil
the Scroby Sand this morning I—the crew have left
the fhip, and if the weather lhould remain moderate
her rigging and Rotes may be laved;—but the hall
will, in all probability, be a wreck. This afternoon
the AUCKLAND packet, HAMMOND, and the Pataca
or Wass, packet, Captain Healy, will fail with the
Harnburgh Mails.
car.No• e, JAN. to.—Artleed, the brig Martha. M IllayfrOka
Newfoundlaunt ; :he Mary, Seabee?, at Charleftnn from bone g
the Jult.tna, brown, at lAverp.A4 from New York; and the Rm.
that, Hamm. ml, at Baited wort Newtommiland.
FROM LLOYD's
, JAN. t3.—P.fted by the Saalllllllh. MO E?, (NM
Kiniesin iNlisna. Brown, from New York; Anus. Anderfon.
from tort; Greet, from k.mhden. rnd Dranse Pater
Nike, Kr..., from RAtterdan. &died the Jahn sod MDT, air
gees, for Dublin. NMI Twe Gefulters, Partook. he Embira. •
At a teao—Off Dora, Jupiter, Law, from New l'eekw.Off
Falmouth, Pretlborgh, Vithery t and Merchant, frost
Vteginta--At Poole, Ephrun, Irma Ncw Brinfrisk—.Ac

,
lieliponl, Fame (farina., frown M..rylin4—At May. Muting ,
+ worn Newiomdboa—At Chartattoo, Mary, Saabs% Fran
Clyde; and Nancy, HowlarS, f,otn Hell—At New York, BMW
•-•—; front Bt:Rof ; Warren, Humored ; pia& Colima
;of Holland,--•-,from I iverpool-oAt Philadelphia, Fla%
Parham, flora I latTool...At Wilmington, :even Minas, +.
haus liveryman—At Savannah, flatus, Holand. erera Livapool. •
• TM Myatt, Crown, tram glebes for Loatainn,l4
tkollraavt l re. b yrtiva:cst.
rbe 1.1.74, 1 it:cst ft-1:2 Galway for Her, I. is gam
Galway. •

• iJ

ii vi
I .

• MED ihater litttleKt.
MIYADIfIwr HAMlttLeitiMlTit
Yeaerday Franth Smith. an Ercife Offtetr, was Oat
to the Bar, upon an indiftment, for that he, on The
night of the third day of the prefent month, did fe-
loniourly, and wilfully with a loaded gun, Ansa mie
l'holnas Millwood, who died immediately, in conk.
emence of the wound which he received, from the
•thos having lodged in his head and neck, and pierced
the lOW marrow, contrary to the ftatute, &c. &c.
To this indiament the prifoner, at ufudil, pleaded
Not Guilty.
_ _ .

There tieing no Connfel for the profecution, the
/Alto Cuter BARON, who WII. the prefiding Judge,
called the evidence, and the brit mule& who flood
up was
Mr. John Locke, wine merchant, Hatramertmith,
who, being fworn, deputed, that on the night of the
third of the ptefent month, about eleven o'clock, he
was miffing through Dever lane, the place where the
accident happened ; the pl &Hier came op to him
much agitated, and laid that he was afraid he bad
killed a man. The witgpfs went with him to th-
place where he taw the deceafed lying on the ground,
and to all appearance dead. He called to him feveral
Aimee, but could get no anfwer. The prifoner him.
felt teemed to be incapable of uttering a ward for
tome time with terror and regret for what he bad
done. His intention was immediately to fuireqder
Itimfelf, and, when he recovered the power of fpeech,
'he del red that the witnefs would immediately take
)rim Inca cullody. They then, along with Kitler, a
vrateb.iin, proceeded to the White Hart public haute,
when the itaellion being put to him by the prifoner,
whether he •hought that he bad completely killed the
seilpated ? he replied that he was afraid he had.
Crots-eMmined by Mr. CoNsrsa.
Have
_yon hchtd of any gholl which had ap-
*.ared, at Hancomfvffnith ?—.A. Yes I have, and I
snow that the Mlhboitrhood of the place where this
bnfortutkotte ifappeit4d has been greatly alarmed,
by it for tome ihne pall.
What was the appearance of this gholl as you
keird'h—A. 3 underllood that it was covered with a
kvhite floret, tomelimes with a table Cloth, and at
other times with a calf's (kin.

Q. Ica appearance was generally white then ; what
Was the drefs of the deceafed, was it aoy thing like
Oat which the ghoft was Paid to have affumed ?—A.
certainly was. The deceafed had his common
*working clothes on. a white /acket and apron, and
Which is the drefs in which bricklayers generally
wo'rk. . This was the occupation of the deceafed.
QWhat chard:ter has the prifoner borne as far as
ests-lisosirl—A very good one.
Wililint !Eider was then called, who, being fworn,
Hi:pored, that on the evening of the 31 of this month,
to went to the White Hart puL.ic houfe, along with
The tall *hoer, and the prifoner. Before this, how.
am, be bad met the prifoner with a loaded gun, who
told him that he was going to look for the glioit
)st Bever-lane. The witncfs laid. that he himfelf
would be there on his watch, and they might endea
Wrists. to catch him together. They then agreed upon
watch-word between themfelves, which was, " Who
pea there r'—" A Friend"—" Advance." The witnefs
then left the prifuner, arid went sway about his own
ballad's. Before he arrived at Black Linn-lane, hc,,
beard a gun go off, bet took no notice of it.
LORD Cater Daiwa. Why did you take no notice
of its Sit,/

.--iVitne6.--Eteanfe, my Lord, I am icconomed
hear the reports of gains frequently, every night, and
therefore it heifer occurred to me that any thing aruifb
hid happened. I know nmhing more, my Lord.
loncsa.—Why, you certainly Paid fomething mo-e
Wore the Plaice. Did you not fay fumething aLout
A young woman. _

Winc.s.-0 yes, a ruing woman came to me with
a candle, and raid tbat I was wanted. He then went
rn fttther to derail*. that as he went along with
the young woman, he raw the wanner with a gun in
his hand, who appeared very much' alarmed. He
mentioned what he had shoe, and Paid that he would
deliver !shard( up Immediately. He came to the
place where the body of the &crated was, and carried
it to the Black Lion
.politic hour:.
Crofs examined by hir..Gnaw sr.
_ _

Q When you Met the pritoner Armci ssirh a pin.
P s yuu haje anted, was rot you Tong& armed ako ?
—A. Ycs. I was armed in the manner I dually am
on the eights when lam on the watch. _ _

HAVC ytiu heard any thing of the ghpft that
Nes Alarmed the inhabitants of Hantinerfasith ?—A.
I have lien it myfelf.
How long before the accident happened, which
au know was on it Toefday. did von fee this shoal
—A. I 1..: .v it on the Thurfday before.
0"). What was its appearance ?—A. it 47.-asce,Tervi
tom:thing white, like a white Lilco, or 1 large
:able cloth.

Q Where was it that you faw ire wat it rear
etiver.l.ne /—A. Yes, it *as, alrooft oppoiite to it,
..it the fourth mile (lime.

0. What did tno d s w•lten yob raw rt ?-1 puttied
tut it drew tic white nrzr its head and ran

an 1, as it was er.trernely darn, ; ennld rilt take
The witnel: then listed, th..t the tnu.n nt Ilsrnmer-
fm:th hld been alarmed with this Ghrit fnr twn
noniths nr &c weals befirc deal
••: o.ln:c :Ma been occnioined, by it, !rut tome mif
,-• dnnc. He cntild VIOL of leege it.tte
• as to the nur-b;elwilich hcd been

it ; but there. seas a g:neral rnrintir that
• to: winos?, had been frightentsi. and that very cc•
?inns :nnfeguences had refuhrd tram this terror.—
This night svgs very dark, and the lane ahn, when
this want tunare af74 happened.
Mr. Guitar... Did ynu !mow this man before, and
What seas his generisl eharaeter ?
Witneis—Yes, f diJ know him, and he always
appeased to use to be cicczdingly humane and gctid
inpered.
Ann Millwood, the titter of the c'eceated, was then
calisd. Being (worn, the denoted. That on the night
of the third of this month, almost eleven o'cinelt, her
bv.ther. the dereakd, same to his fithet's hoarq
where he then lived. lice holier and mother were
'rig to bed. and he raid th a he would loon go too.
it that he had firli s. g•• tier his who Wag at a
Mr. Smith's is the neighbourhood. lie. however.
fat down *hoist half an Now. At the expiration of
04'1 tits,,• the R.lvifed bins to go and !onk for hie wife.
Its the might he iuhtered or en.targ:•red earning
h.ose is tbs datk at that tune of s7ght. tier Irtather

I obeyed, and, toying " Good nighty mother," de-
parteJ„ (hutting the door after him. .-A minute or
two after this, the *pants!. rite door with an-Intention
of looking after Rita, alien the heard* netfe, and the
following words uttered you, who are
you. and what are you. tell me this inttard• or I'll
thoot you." Immediately after this She heard the
report of a gun, and ran into the horde. She M 22
irrefolibly impretfed with the idea that her brother
was (hut, and mentioned her alarm to her father and
mother, but could not perfuade them to pay any at-
tention to- what (he laid. The only anfwcr was, that
it was both ridiculous and impoffible. She could not,
however, !hake off the impreffion which had laid
hold of her imagination, and therefore ran out of
the hook, when the learned that he had been mur-
dered. She went to the place where the affair hap-
pened, and there found Fitr feats confirmed, by the
figure of her brother lying dead. She ran to a Mrs.
Wells% haute, which was oppofite. after the had
leen hint. To a queliion put by the judge, the laid
that the could not difliaelly fee the face of the de-.
Ceafed, which was black (from the gun-powder)
but from the circumstances related at Mrs. Vs'ells's,
and the diet's, the was too well fatisfied that the de-
ceafed mutt have been her brother.

Crofi•neataissal4x Iy Mr. CON STilt.
She raid that Pie did not obferve the miloner at the
place wh-'e her brother lay, but faw him loon after-
wards, when he appeared much agitated.
Q._ As you f.ry your brother inftantly Mut the door
after hint, you could not have immediately followed
kim out, you know ?—A. I went out in a few mo-
ments afterwards. Sir.
What fort of drefs bad your brotAer on at that
time?—A. It was his common working drefs, Sir.
which confilli generally of a white iacker, apron, &c.
O. HAVI you, Madam, heard of the Ghn& which
has alarmed Hammerfaiith for a long time;—A.
Yes, I have.

How was it raid to be dreired ?—A. Ina white
thtet or large table•-cloth, ut futneihing which had
that appetuanee.
Q. Did you ever caution your brother with re
fpetrto his going out at night in his ordinary chefs
You knnw they were endeavouring to take the
Ghofl, and your brot;ter might with his white drel:
be rniflaken for him ?--A. Sir, I never did caution
hint, nor did I know that any people were endea-
vonring to feizc ine Gholl.

What is your opinion of the in:entions of the
Prifuner? I>o you think he was aCtuated by motives
of malice againik your brother ?—A. No, vii, I be.
Loft that there was no fort of asimolity in the cafe.
Mr. Flower. a Surgeon, wag then called. This
Gentleinan depel,:d, that he had examined the body
of the deceafed; he Caw it the day after this melan-
choly affair happened, which was, the 4th of this
mo:-th, Hr obfaved that the lower jaw where the
(hot ;.ad penctra•ed, was broken. On the 6th of this
month, h.:, at the tepid} of the Coroner, examined
the ty,..iy snore particularly, when it appeared that
the (hot, which was of that furl called "No, 4," had
entered on the left fide of the lower jaw, paffed
through the neck, and pierced the fpinal marrow,
which is a continuation of the brain.

LORD CHILE BAROII.—Do you think that this
wound was the caure of the drath of the deceafed I
Witnefs.—There can be no doubt whatever but it
was, my Lord. The Witnefs then (tared. that the
face of the decetfed was pet-fatly black ; and. in re-
ply to a queUinn put by the Judge. raid. that he un-,
Jcrflood this blacknefs to be meat-toned by the gun-I
powder that came with the (hot which killed him.
Connie] for the Ptifoi.er.—DiJ you know any
:Ling of the Pi honer or his general chant:ter ?
W itnefs.—l do not know the Prifoacr perfonally ;
but, according to the general rumour which I was'
accuflomed to hear. this man always bore a very
good charaaer. Inficad of being vindiaive, I un-
der:lna that he was uncommonly mild in his temper.
William Brookes, a contiable. Paid, that hi was
calleJ on the night of the ;d intlant, about i t o'clock;
that he went along with the Watchman to the place
where the body of the deceafed lay and carried it
to the Black Lion Publicloufe. He then went to
the houfe where the Prifoner was and knocked—be
made anis er that he would innantly come down and
fairenler himfelf. which he did accordingly.
Here the evidence clufed ou the part of the rote-
cation.

Loeb Cmir Bmtost.—Now, Prifoner, bare you
any tiling ti. fay in your defence ?

krtfaer (tuu.ch agitated)—My Lordl I leave it to
my ConAT,

Logo Celts Dhani—But your Counfel cannot ad-
drefs the July hi your behalf, therefore if you have
any thing to 14y, you mule fpeak yourfelf.
Prtioner—My Lord, I have got no more to fay,
than. that ! went out a ith the gun without any bad
intention. When the man came up whom I took (or
the Ghoti, and made 110 anlwer, after 1 had called
t vice. bat dill advanced, I was Co much alarmed
that did not know what to do. 1 drew the trig.
gcr iii.idveltentiv, without Iscin,4 tivitilde of what
was 1 was drendiully alarmed and agitated
at the tare, my Lor.l. aid had no malice whatever
ao„ 4ioll the imtOriunate roam, whom I accidentally
klled. I therefore declare bet,re GOD. that lam
entirely innocant of tins crime, as I was aelsiat-d by
tin m...ki#,lts or 6,.i motive. but *tied merely from a
mon:Lat.lry of alarm.

Mcv:r;r4, nune;,es were then called as the part at
I
bac !lc fire WAS
Vim (.:"6.1,rn,,kc, with whom the decrafed lived,
She was his m0t:1...r in .law; Inc :lad heard of the gliod
w:.4.11 had terrtisl t!le Hammcifiiii!h, And
the drefs in which it VA% 1.441 ln appear. She there•
fare had exttioned the Jeczafe 1 against going nut at
Light in his white &els, in cafe he Should be sniflaken :
fur the drinit, ar.d tome miichici done to him. She
recnliceted one evening when they were both fitting
at home, the Jecealed told her that two Ladies and
a Gcnticman walkiii•• on the Terrace had been fright.
cried at him, ar.d lonic ct them called out, " There
is the That he had replied, '• That he was
net mote a ghoil t'ian they were." Qu this account
She him to take • great coat always alien he
went nut at right, Si he ;right be kind, or roast bad
accident might

Mr. GOR;III-litivr often did you give him this
caution

I recoilca to hare done it no more
tban once,.

ThnnLlS GTOCtirt was nest &led, whip hid be oat
tempt to a Mr. iiorgeh, s tomer. of Ili *ttlinitli.

Mr. C'utirt:t—Di4.viti hi,r (4' any dK•Q about
itimmetikaitb. that hes been iu the habit of alarm-
ing the inhabitant: of late.
Witueli—Yes ; I have heard of him. send teem him
too. Sir.

Very well ; but where did yon fee him ?
A. r was walking along with a fellow fervant in
the Churelityard. He was at a little dillanee among
the totnh-hones, when' I felt fornething• ch4,4;k nut
under the thin. I however far: uer.laiiii..and war,
dreadfully frightened. 111,4111 tiretching nut my hand
I felt fontething foft like a Iheet or a walla cloth. but
dill law nothing. I then called4bot to my fellow.
fervant, and limn few fometldng white t'urniug 4 cor-
ner, but we were unable to iti2C k. We Were
dreadfullyalarmed.
Witneas were then cancd to the l'rifonet's
railer.

Mr. Stowe. a Cent!email r rerpea..o.Writy,
raid, that he knew the ptirtmer 1....m.yem.5, and
during all that time he Lad bete . rernArLibly guar'.
charade...

Mr. ilichard Hill (Aid, tbat he knew the prifoner
t Come time, and tli:it his behasintir was pcilealy
decent, and his umduet htiw:Ane And mild.

William Downing, Caroline Arcot, BedToraAnare,
Paid, that he knew the initiate; for is years intia ate.
ly, and that bib general eloaraßer was marked by :ate
of lingiilar benevolence and humanity.
John Fuller knew him ever Clore lie went tuFiam-
merfrnith, which was about two years ago, and dur-
in all that time be Ewe an exe-llent charaaer.
John Rutt knew hint fur a long l ime, and Paid that
his conduel was always dillinguiihed by humanity
and kindners.

Thomas noCwill knew him ever fine he went to
Hammerlinith, and his condua was always fuch as
became a hiandrie and honed man.

Infeph Crnmwell km," him for a humane and
rod man as any it,
Matthew Smith laid thae Le knew him for two
years, and that laic charaEter during that time was
tech as entitled hm in general appri batirm.
Daniel Foam also knew the pritimer for a long
time, and Paid that he always bore an excellent
eltarafter.

Daniel Springfnrth knew him for two years, and.
his changer was tuber, quiet, and-good.
William Edwards, who was a !elation to the de-
cealed, laid that the prifoner always bore • good
character, and, he did not believe that in this affair
he was at all actuated by malicious motives.
The evidence being here &led,
The Loan Cater Bl&ON fom:ned up the cafe to
the Jury, and flared the law as follows Gentle
men—Francis Smith, the prifoner at the bar, is in-
dided for the wilful murder of Donnas Millwood.—
Now, before I begin to fum up the evidedee, it will
be necelfary to (tare the law to you with rape to
the crime of murder. Gentlemen, malice may he
either exprefs or implied. The Judges have agreed.
that it is not needful, in order to conftituse the
crime of murder. that one thould have any fpi:e or
malice againil.the particular perti.n v.horia he k'i• •
but a dill:oil:on to kill. and a preparation Li
which argues loch a difpoloion. is the effenee (4-mur-
der ; no matter whether one kills the particuhr per.
fan whom he aims at. If, in an attempt to kill any
perfon towards whom he beats a malicious intention.
he fhould, in his fteal,.kill a perfon whom he bad
never feen, or any of his own particular iiiendir, this
is wilful murder. For inflance, if a perfon was to
fire a phiol into this Cc•i-t, and taking his chance
whether any body fly..rid be killed—if a perfon was
aerially killed, thz man who fire ;he pillol world
be guilty of um Jer. In thort, it is the intertion to
kill. and not the blow Falling nn an individual. that
the law confiders, in cafes of this kind, as cot:Coning
murder. The only thing that can ezcufe the tang
away of life, and reduce the crime to man•flangliter,
is, that the perfon who kills has the faneion of the
law and ails by authority, or that be is in tech a date
of mind as precludes bins from clearly teeing the dif-
tindion between good and evil. or aft' from fame
'Ridden emotion upon fufficient provocation, or kills
a perfon by accident, when be has no intention to do
fo. Gentlemen, lam lorry in fay, and I have the
authority of the Court along with me, that I Jo nor
perceive bow this cafe can be brought under any of
thole eircumtlances of enure which I have mention-
ed. A man goes out here with a deadly weapon,
and killing 'dues. An innocent man was murdered,
who was returning peaceably home. No matter that
the prifoner had no malice againft the perfon killed.
His aitions 'hewed that he went out with a delibe-
ram intention to kill; and if he had killed the perfon
who bad ceufed the alarm among the vulgar. about
the impious nonfenfe of a ghon, he would have been
guilty of murder, as the offence was only a mitile-1
meaner. A man is not even to go and put to death
perfon who, in his opinion, is guilty of a capital
crime ; for mark what would be the confennenae if
he were allowed to do this :—a man mrght.-for any
trifling offence put another to death, and then urge,
as an eteufe, mat he thought the whin murdeted
had been guilty of a capital crime, and th:n the Aqui
would be dreadful. It has therefore been hell, Gen.
denten, that if a perfon goes out on the highway with
a deadly weapon, intending to kill rubber; it he
meets a perfon whom he takes to be a roli%er. hot
who, in fad, is net a rnhher, he is guilty ct n Jr.e
A man is not annwed to shoot a perf.n guilty of a
rnifilemeanorw-for left to &not the tirtt lie •lire!s.un•
Jer the prefurertion that it may be the gi:• rerfon. •
This cafe. therefore, is a minder ; -• believe
the ev•denee, the prifoner is guilty of ono der. '

may, in general, :seheld, that all *`.ling'; mat' r.
except in the particular cales %%bids I I- .:aro Imo
tioned. This is not one of them, and i.lerrisue. if
the fads be proved, it is a wilful murder. The p.i.
' fames defence is, that he was Sus-tied %hen he fired,
but he went deliberately ont with a deadly we span
ready to kill when he had no right fo to do. If there
lhoold be any eircumflances that mitigate the crime,
pardon remains with a higher Costive than either you
or me ; we hare only to do our duty. (Having then
funneled up the evidence and the charatiter given to
the prifoner), What this charaaer may avail in ano- '
ther place, it is nct for me w fay, but again,* Lifts
clearly proved, it CAA here avail nothing. Yoe
therefore, confider, whether the fads be clearly el la-
blithest, and bring in your verdict accordingly."
The fairy retired, and, in ahont sin hnor and a half
af:cr they went ant, 'corned with a ver,aitt finding
the tar if-ner—Gulty of Mtudiaughter.

'Ow Lots Coat tiot9s-4. It dot,, Ger..