Star.
London, England, 1827-04-24 00:00:00

f
•( I 1

• ASSIZE INTELLIGENCE.

GLOUCESTER.
SHOOTING, WITH INTENT TO KILL.

Mork Dyer and John Dyer were indicted for shooting
a gun or guns at Thomas Mills, nn the 4Ch of last
October, at Yate, with intent to kill him, to wound him,
wto do him some grievous bodily halm. There was
another indictment against the same prisoners, for shoot-
ing at Sarah Mills, the wife of Thomas Mills, wjth the
same several intents.
•

Mr. LUDLOW commenced his address, by observing
that the prisoners were indicted under Lord Ellen-
borough's Act, and if they were found guilty. the con-
sequences ot their conviction must be most serious; the
case, therefore, required the deepest attention. It arose
out of the apprehension of a very considerable gang of
depredators who last year infested this county, which is
greatly indebted to the Chai; man of the Q•sarter Ses•
sions (the Rev. Dr. George Cooke) for his exertions
upon that occasion. It was found necessary soon after
the apprehension of this gang, that one of the pertons
connected with them should be admitted evidence foe
the Crown, and it wasaoon known that Thomas Mills
would be selected by the Magistiates for that pfurpose:l
Threats were then thown out against Mills. who was
afterwards admitted King's evidence. Nu less than 37.
persons were tried at the last Summer Assizes on indict-
ments for felonies, arising out of the transactions *Ellis
gang. Among the persons tried, were the presens.p&
boners, Mark and.Jiihn Dyer. Mills gave his evidence'
against them, but they were acquitted ; and it would,:
therefore, be unjust not to suppose them innocent
of the charges brought against them. As it is the
dusty of Majstrates on proper occasions to permit
person implicated to become a witness for the Crown.
so it is their duty to take care that such t•erson should
afterwards have the full protection of the laws. Oa
the 24th ot last October, Thoiiias Mills returned at semis
"o'clock in the evening from Wicker to his father's cota
tage at Yate. The whole family were in the swim on
the ground floor, the windows of which bad no shut.
tens. They were suddenly alarmed by the sound of
guns, whether one or two I cannot say ; Mills ran im-
mediately to the door, and saw two persons, to whose
identity, and all the evidence respecting it, you will pay
the most particular attention. 1 understand be will tell
on that he saw the. two prisoners, who, on seeing
, ran away, but in their haste one fell down on the
stump of a tree, and the °diet fell over him, and one
asked the other to help him up. Mills did not follow
these men, whoever they were, and that is not won•
derful, as he was alone, and .they had guns. On the
next morning the two prisoners were apprehended,
their houses. were searched, and in each a gun was found.
Thomas Mills, the prosecutors-Last stammer, balm
the Assizes, I was in custody, and taken before ire Ma-
gistrate at Witkwar. Mark- and John Dyer were An
fn custody. I had been engaged in several transactions
with both of them, but not so much with Mark as with
John. I went before the Grand Jury as a witness against
them both ; they were both tried in this Court. I was
examined as a witness, and they were acquitied. On
the evening of the 24th of October last I walked with
William Coventry from Wick war to Yate ; we parted
at Coventry's house; his clock was thee► striking seven.
I immediately went home to my father's house at Yate,
which was about 300 yards from Coventry's and about
ten minutes after I got home something hap; med. My
father, mother, brother, sister, and my wife,Sarah Milts,
bete, with mysel, all in the room. The cottage is nn a
tommon,with a-garden in front of the wintictwisah-ch has
no shutters; there were two candles on a round table put
'against the window; my father- was sitting on a chair, his
Itght arm nearest the window ; toy brother opposite ; and
•Iwas sitting near my father on a lo.v stool;which brought
my heed about level with the top of his chair. Aly
wife was sitting frr sting the Is e, which is on the left of
the room. I was beta een the window and the fire. I

was just sitting down whets a gun was fired thr. 11e
window. The firing made a large hose in the glass,
ab ut three feet and d halt fn m the grou,d, and singed
the cumitn.. T;:e top rail of my father's chair was
struck widi large slugs. My head !, a s near the tail,
and on about the sime level. The fire was blazing.
and the door was a-j ir. I tan outside immediately,
'stopped a little, and saw two men. There was no
smoke on the outside r f the window; it had, when the
gun was discharged, all come inside. The (wo men
bead each a gun; one had on a low-crowned hat, 'the
other a cap without a brim. The night was dark, but
light was thrown out of the window, and extended as
far at the men, who were about four yards and a halt
off the window. 1 knew their persons; one of them
was Mark Dyer, he had the low-craWrted hat en. I
am certain it was Mark Dyer ; I have no dnubt what-
ever it was him. 1 believe the other to be Julia, from
• his dress. He had on a cap and a light fustian jacket.
There was a cry of murder from the room. I said—
" You have done something now." They were ,both
looking towards the window, stooping their heads, with
'their guns in their hands. I was out of the light, and
I do rot think they observed me before I spoke; although
I was not more than three yards from them. They then
turned up their heads, so tlvit 1 could, see them better,
and turned round and began to run away. They had
not gone five yards when one fell down. I bowl John
Dyer say--4, Give me thy hand, give me thy hand."—
was acquainted with the voice. I positively swear it
was John Dyer's voice. 1 have no doubt of it. When
I went in doors, my wife was bleeding. Mr. Percival,
the surgeon, •attended her the next morning. There
.were footsteps in the garden. The traces of one foot
• were as if made by a shoo whose heel was half tipped
With iron, and the other half filled up with nails, with
smooth sole. There were the masks of hobnails in
the other steps. _ _ _

Cross-ezatu ined—l should have pursued them, if 1
had not seen the guns ; and I could not tell whether
one might not be loaded; I heard only one report.
Thomas Downes and his son came to our help; they
lived better than a hundred yards off. I did not hear
my father or brother say, " that Frask Mills fired the
gun." I believe it was my mother sies o said so. I did
not say, " It was very likely Flank had fired the gun,
and I would have the whole gang taken op to-morrow."
After they were
.taken up, and not till then, Thomas
, White told me that Mark Dyer had said, " Both the
Mills ought to be hung, and that he would as soon
shoot me as he wank' a sparrow." I did not conceive
myself in danger from the Drees before that evening.
I had been told to be aware of them; but I never
Alibught they would do me any harm. I bad been told
that if they could get rid of me, their btothte, who was
off, might come back again. After the bummer As-
sizes I had only seen John once, and had never seen
Mark until that evening. I was never, that I heard of,

cused of break's' into Long's house, at Chit&ld. 14
was taken .up for having bacou'in my biruse.
Did you give informations for between SO and 40
offences, in which you were a principal felon ?
Witness—l did give information on several charges
in which I was implicated.
Other witnesses confirmed and strengthened this
testimony.
The prisoners were called upon for their defence.
Mark Dyer said, I was in a coal-pit between seven'
and eight o'clock that night, and never came up until
the morning. lam innocent.
John Dyer said, I was at the house of Tamar Hol-
brook, frogs about half-past six, and it was somewhere
about sine when I went out of it; and had nothing to
do with the matter.

Several witnesses were examined for the defence,
among them
, Mrs. Tamar Holbrook, an; old woman, who said,
John Dyer lives on Iron Acton common, about forty
y rds from my house. I remember the night Mts. Mills
was shot. They took the poor yOung man the nest
morning. , John Dyer was at my house at half-past six
—it Will a very dark evening; he stayed till a quarter
befele nine. My daughter had been away forctiro
years. She was then at home, and asked him to sit
down. lam very ill. I come out of a dying bed to,

give this evidence.
Mr. Baron VAUGHAN—After a patient attention te,
the investigation of this eitrordinary case, it becomes
my duty to sum up the evidence, and-snake such ob.
'serrations as have occurred to me upon it. It is diffi
cu:t to conceive a more important prosecution. You
have been truly told that it is an issue of life and death,_{
for the offence charge.' is capital, and if the prisoners)
are convicted, the law must take its coarse. The prii'e
loners are charged under the Act, u uslly culled Lold
rEllenborough's Act, for maliciously shooting, with in-
tent'to murder, maim, or do some grievous bodily harm'
to Thomas Mills; and the statute enacts, that the'
offenders, their counsellors, eiders, and abettor', are
felons without benefit of clergy. Therefore, in point of
law, the firing by one is the firing of both, if both are
present, aiding and assisting. -The question, therefor%
for your coosideration is, whether you arc satisfied that
the prisoners, or either of them. did shoot at Thomas
Mills maliciously? You will weigh most attentively
the evidence of that person: He comes blare you um
der most suspicious* circumstances. Time Is a .nost
material thing for you to wend to,*because the diffei
rence of hilf as hour makes the whole difference. U
you are of opinion that the gun was fired at S ,rah Mills,
the case does not come with this indictment; and hs
this view the situation of the persons in the room ale
laded to is most material. About the identity of the
prisoners, you wilt watch the evidence with the strictest
attention. It depends entirely upon the credibility of
Mills. He gives the•only evidence of identity, and St
is unquestionably a man t f very bad character. The
defence is subject to a nice inquiry as to time. There
is no doubt that Mark Di er did go down i:ito the pit
that night; but the question is, the exact time when be
did go down. It is singUlar that Mrs. Holbrook shout.
have marked the time of John Dyer's coming in and
going out, and still more singular that she never in-,
quit mg or heard the time when the gun was fired nu*:
she came hither. Her daughter has not come;
mast not press this too strongly, for we all knoll* the
difficulties in labial poor prisoners are placed. I am
bound to say, that if you convict, the law must take
its course.
The Jury requested that the witness Thomas Mills
might be recalled ; and thee asked him whether the
smoke of gun had any effect upon the light, so as to
impede Lis rerun ?
Mills—No, my Lord, I could see their faces quite
plain.
The Jury retired for about an hear and a half, and
then returned with a verdict of Guilty against both pri-
soners, but recommended them to mercy.
Mr. LuoLow—My Lord, allow me to say, that per-
h ups the offen fed ;aws will be well satisfied by sending
ele e men out of the country.
Mr. Baron VAUGHAN—I am always molt happy tq
attend to the tecommendation of Oury. Alter a pfusei
I will take care, Gentlemen, that your .secormsvasfea
tion and the Learned Cilunsei's shall he forwarded to
the propermiatter; but I am afraid' 'I see nothing to
justify me in saying otherwise than that, as far as I am
concetned, the law must take its course.
The prisoners were severally called upon to say why
judgment_ of death should not be passed against them ?
They both said they were innrCent.
Mr. Baron VAUGHAN—You stand severally convicted
after a most patient and p rinful investigation, of this
heavy offence, to which the law haiannexed the penolty
of death; and it is my painful duty to inform you, that
the circumstances your case are such as leave no
hope that the penalty will not be executed. Indeed,
with respect to you, Mark Dyer, you have made decla-
rations which skew that you had engendered A most
deadly malice against this ualortunate prosecutor, in
consequence of his having preferred some information
against you ; and it appears that you had declared that
be ought to be hang, d, and that you would slfeelt him
as soon as you would a sparrow—that you would send
him to, his great account with all his crimes onrepented
on his head ; and it now becomes my painful and most
melancholy duty to tell you, that though I shall for-
ward to the quarter to which it is addressed, the recom-
mendation of the Jury, and the generous suggestion of
the Counsel, I cannot give you a hope that such a re-
' commendation will be attended to. You are convicted
of an offence by which you would have satiated your
revenge by shedding the prosecutor's blood, and you•
must atone for that crime with your own blood
have only, therefore, to entreat you to consider the aw-
ful change which you must so shortly undergo. Your
days are numbered, and your course is run ; and I im.
gore p.m, therefore, to take and bid a long, long fare-
, well to all the concerns of this world; and if yon value
your immortal souls, that you will, on bonded knees,
and with penitent and contrite hearts, supplicate at till
Throne of Grace for that mercy which I feel cannot be
extended to you here. His Lordship concluded with
pronouncing the sentence of death.

' One night last week, a daring robbery was committed
in the house of Mr. Ma tgews, residing near James's
Hotel, Wwohivich, by some thieves, who entered the
premises by the basement story which is below the
level of the road ; they regaled themselves with roast
beef and what else the dairy contained, with a consi•
derable quantity of brandy and water, leaving tbr sup-
per things for the servant of the house to clear away ;'
'they decamped with :large quantity of plate, and have
bitbeso eluded detection.