Star.
London, England, 1820-01-29 00:00:00

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aittOth-Uouts. nave) =an be banged for you."
Witness jumped 'into the, hold of the vessel, when
.the. prisoner jumped after him and swore he was
taking the part of the Custom-House officers. Akout
this time some other men came on board, and joined
the prisoner in drinking, for at least three hours. As
soon as they went away, the prisoner again" began
-44 his action," and made a tremendous nurse, swear-
ing
and calling out for "lis enemies." Witness then
saw deceased come out of the cabin, and soon afters' I
wards 'heard him exclaim, " 0 don't( my dear bro- I
ther !" This was accompanied by a great noise.l
Shortly after the deceased fell down the ladder into
the cabin ; he.was bleeding in the face and head. The
prisoner followed and beat him until he broke the-
bellows in pieces, vociferating " I'll be killed for you;
I'll be hanged for you, you --." " T)on't, my
dear brother,' was the only reply of the decease
When the bellows had been bzoken, the prisoner got
froth under the bed a large iron maul, and seizing, it
with both hands, laid about his brother until he was
quite senseless. When the prisoner found him in this
state, he lay down by his side, placing his head on
his brother's body. Witness was so alarmed that he
ran out of the after-cabin, whence he saw'the trans-
action, but the prisoner pursued him. He was obliged ,
to run up the rigging for safety, when the prisoner
called out for his musket and blunderbusses. Wit-
ness cried out for mercy, and begged that he would
spare him far the sake of his wife and family. The
prisoner replied, he would " do" for both. Witness
got down soon after and hid under the bowsprit,
where he took off his clothes, ready-to jump over-
board, if attacked by the prisoner. The latter soon
after called out to the boy, Bonsey (who was h:s
step-son),- to bring the straw. The boy said there
was none. The prisoner d—dhim, and said if he could
get it he would put him in the middle and light it up.
The boy then ran to witness for protection. The pri-
soner also ran towards witness and seized him by the
throat, so that it was with difficulty he got his hand
out of his neckcloth. He swore lie would be hanged
for him also. He afterwards agreed to go to bed, and
as he went through the cabin, he saw his brother
lying on the floor. " Who's that ?" said he. Witness
replied, " that is your brother, whom you have mur-
dered." The prisoner-immediately knocked him down
for saying so. After this he sat dovin by his brother,'
:wished him with liquor, and exclaimed he was deid.
Dy prisoner's desire, a bed was made-tip;- and -the
dead.body placed in it. On alt. follinrine• morning,
the prisoner came to witness and said, itlliave kissed
'John, and shaken hands with him. If I. could get
him up here, I would *fasten chairis to our feet, and-
-we would both-go overboard together comfortably."
Witness brought the iron maul,- and found it had
blood and hair upon it, sayinf„ " here is what you
have killed your brother with.' Prisoner seized it,
and threw it overboard, exclaiming, " It will never
kill any more."
Cross-examined.—Had heard that the.prisoner was
often deranged from a wound in -his head. The pri-
‘soner turned the ship about and about, and had been
calling for his boarding-pikes. There was no such
'thing as a gun or a boarding-pike on board. When
the prisoner followed him the first time, the prisoner
was without his shirt. After he discovered that he
had killed his brother, he prayed by his side, and
cried all night. The treat day the prisoner took his
brother home, and the Police was informed. Wien
lost of liquor the prisoner was a very civil man. .
Benjamin Dentford was a sailor on board this ves-
sel,. and was pretest on the Sunday. He had been
on board about three months. The prisoner was
master; and when out of liquor there was not a better
man. The prisoner on this occasion knocked him
down, and he got away in a boat.
Mr. Justice PARK called- on the prisoner for his
defence.
Lie said he was quite insensible at the time, and
knew no more what was done than a child.
Mr. Justice PARK remarked upon the evidence;
'in doing which, he observed, that the great question
in this unfortunate case was. whether there was any
reasonable excuse for what the prisoner had done?
Now the excuse set up appeared to be, that he was
in drunkenness and intoxication. That he was Vain
a very, very great degree, could not be denied; but
did that furnish an excuse in point of law? He (the
Learned Judge) was of opinion, as were the 'two
Learned Gentlemen who sat near him, that it did'
not furnish an excuse ; and-he was borne out in that
opinion by the Tanguage of the law, which said—
' that voluntary drunkenness excused no man from
the commission of crime." •
The Jury, after a few minutes' consultation, re-
tired, and after an absence of half an hour, returned
and pronounced the prisoner--Guilty.
: The unhappy man looked attentively on the Jury,
and breathed a deep sigh.
He was asked by. Mr. Snttron if he had any thing
to urge in stay of judgment ?—The prisoner made_
no answer.
Sir Wi LUAU SCOTT then proceeded to pass the
awful sentenceof death upon him. He had (observed
4is Lordship), - after a painful and attentive consi-
deration, been found guilty. His country declared
him a-guilty person—and he was now about to hear
'the sentence, which would be shortly followed by its
dreadful consummation. His victim was hiS own
brother, whom he ought to have protected' against
the attacks of others; instead of which, however, in
the moment of drunken passion, he had mak him*
the object of his own vengeance, and had sent him un-
timely from the world.- For this offence he (the
prisoner) must, by the operation
,of the law,. be
excluded from human society. The proofs that
had. been afforded, powerfully manifested his vio-
lent and guilty passions, when in a state of in-
toxication. He tad but a few short hours to make
,atonement for his dreadful sins, and heAthe Learned
Judge) had to entreat Mtn to employ those hours in a
penitent appeal to that Sear OF MERCY, froni which
alone he could expect it. The sentence was, that
he should be taken from that place to the place from
whence he came, and from thence to a place of exe-
cution, where he should be hanged by the neck until
he was dead, and afterwards -his body to begiven
over to the Surgeons for dissection. • .
" Sir WILLIAM SCOTT., observed, , that he had been
informed that the-tide would not serve conveniently
for the execution of the .prisoner until Tuesday ; it
would therefore be deferred until that. morning ; but'
he begged. it to'be understood, .that _upon that.cir-
eumnance, and that alum, it woulsktoe deferred.

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