Star.
London, England, 1830-09-30 00:00:00

INVERNESS CIRCUIT INTELLIGENCE.

William Dunand, pilot, formerly residing in Lower Pulteney Town,
Wick, forge Jamieson, sailor, formerly residing in Upper Pulteney
Town, and John Henderson, pilot or fisherman, residing in Pultency
Town, were charged with having, on the 2d of December, 1825, within
the bane occupied by the said William Durrand, feloniously assaulted
James Small, mate on board the ship Rose, of Wick, which was then
lying In the harbour of Pulteney Town, and striking him several blows
on the head with a glass bottle, or candlestick, by which he was felled
to the ground; and, while lying on the ground, they did spring upon
him, and violently twist his neckcloth round his throat, and forcibly
compress his throat until he died in consequence of the injuries and vio-
lence then received.

The prisoners severally pleaded Not Guilty.
James Farquhar went to Durrand's, along with Small, on the evening
of his death ; the three prisoners were in the same room ; Small had a
quarrel with Dunand, on account of having charged him with sending
dead bodies to Leith ; and had also some words with Henderson; Due.
rand gripped Small by the neck, and a scuffle took place ; the candle
was blown out, but before it was put out, Durrand struck him a blow
with a bottle on the forehead ; witness went up to Small to see why be
did not rise ; he was lying on the floor, and witness said, " Lads, you
see what you have done; you'll be hung for that." Henderson and
Durrand were nearest the body; Jamieson was greeting on the floor,
and said " he had no band in it." After the light was put out, tritons
beard two blows, but did not bear Small fall ; when they found that
Small was dead, they all took an oath that they would never divulge
the secret; witness sanctioned all that was done; left the house about
twelve o'clock. when it was moonlight; does not remember what they
said thetwould do with the body; one day he saw the body; it was
coming from Pulteney ; last spring witness made a confession to the
Rev. Mr. Simpson, in Orkney, and afterwards ordered it to be sent to
Wick ; witness had frequently spoken to Emily Sutherland in the
gaol, but never told her what to say about this case, nor did she tell him.
On his cross-examination, witness stated that it was after a second
light was brought in, and extinguished intentionally, that Small re.
celved the mischief He made a confession, bemuse he bad learnt
that there was a great deal of law work in Caithness about Small); death,
and that Durrand's servant had disclosed it ell. Emily Sutherland was
in Durrand's service at the time of the murder; has no reason to think
that any one struck Small except Durrand.
Emily Sutherland—l was a servant in William Durrand's house at
the time of Small's death ; I saw him in the room with George
Jamieson, Durrand, Henderson, and James Fasquhar. I looked
through the fey bole, and saw nine or ten of them about the body of
Small in the cellar; I do not recollect that Farquhar was in the miler,
but the three prisoners and Mrs. Durrand were there. They were an
hour and a half in the cellar. I heard Mrs. Durrand say she would do
his Maginot& I saw James Small lying on his back on welsh. Some-
body took from him his pocket-book, and they parted the money. At
the close of all the book was in Mrs. Durrand's band. After the
money was parted, one of the strange men carried him out. All
went out but Mrs. Durrand. One man carried the body to the shore
at the beck of the quay, and stopped there. The prisoners were with
the body. It was at the breaking of the day when the body was car-
: ied out.

Captain Macbeth examined on behalf of the prisoner—Durrand never
shipped any boxes by witness's vessel. Witness was not in Durrand's
house at all on the night previous to the finding of Small's body.
Never made it a practice to go into public houses with his mate.
A number of witnesses gave evidence that Emily Sutherland was not
in the service of Durrand, and that Mrs. Durrand was from home at
the time of the alleged murder. One of the witnesses stated that there
were no company in Durrand's house on the evening when Small was
said to have been murdered. Another witness proved that, when Emi
Sutherland was called to be precognosced for the defence, Farquhar said,
" Do not answer these gentlemen."
Lord Mackenzie said it was unnecessary to go over the evidence, and
he left the case in the hands of the Jury.
The Jury retired for about twenty minutes, and returned • verdict
finding, by a majority, the whole of the prisoners Not Guilty.
The panels were accordingly assoiliz4 and dismissed from the bar.
Lord MEADOWBANIE remarked that, between the witnesses, there
was, on one side or other, gross and deliberate perjury, and justice
would not be done to the public if the matter was not further investi-
gated by the public prosecutor.
It was past eleven o'clock before this ease terminated, it having oc-
cupied the Court 15 hours.