The Statesman.
London, England, 1821-03-30 00:00:00

HOMB CIRCUfIt

SUSSEX LENT ASSIZEIL—Hoeutax. MARCR

CROWN SIML—BITORISTINE Loan CHIRP Batton.
MURDER.—George England, a seaman belonging
to his Majesty's ship Severn, employed on the smug-
gling preventive service, was indicted for the wilful
murder of Joseph Swain, at Hastings, on the 13th of
March inst. by shooting him through the body with
a pistol, loaded with powder and ball. The prisoner
also stood charged on the Coroner's Inquisition for
the like murder.
The interest which this rase has excited on the
coast, particularly amonost he fishermen, is scarcely
credible.
The prosecution was conducted by Mr. Adolphus,
and Mr. Long; and the defence by Mr. Sergeant
Ouslow, Mr. Marryatt, Mr. Gurney, and Mr. Knox,
who were retained by the Admiralty.
Mr. ADOLPHUS, in an impressive and temperate ad-
dress to the Jury, opened the case for the prosecution,
conjuring them in the most earnest manner, to dis-
miss from their minds any pre-conceived impression
which they might have imbided before they came into
the box, and bring to the consideration of the case
their calm and unprejudiced deliberation, upon a case
fraught with motnentous consequences, alike to the
prisoner as the public.
'flee witnesses for the prosecution were nine in num.
ber, almost all of them being labourers, fishermen, or
mariners, and they gave their evidence in a manner
perfectly free from prejudice or bias. The case dis-
closed against the prisoner by their respective testi-
mony, was to the following elTrct
:
On he morning of the l 3: of March, between
nine and 10 o'clock, the boat of the deceased, a fisher-
man of Hastings, lead just come in from sea, after
being out the precerainer night, and was in the act of
being h euled up by a windlass to the beach above full
water mark. A partner, or assistant of the deceased,
named IVillam Tassel, had his back against one of the
sides of the boat, steadying it on its heel, whilst the
windlass was hauling it up, when the prisoner, one of
the crew of the Severn, cause up, and said he must
search the boat. Tassel said, "Le so goad as to stop
until the boat is above full," meaning full tide mark.
The prisoner said, " no. I will search now." Tassel re-
joined " now do stop until the boat is above full ; for
if you get on board 1 can't hold her up." The pri-
soner said, " no, he would varch," and immediately
stepped into the boat. At this moment tile deceased
cause round from the other side of the boat, and asked
Tassel, what was the matter? The later sold lain:,
that in consequence of the mats getting into the boat,
he soul(' not hold leer ta,• ; upon whim tl:e deceased
jumped on board the boat, and a scale ensiled between
him and the prisoner. In tine scuffle they butte tumbled
out upon the beach. When the prisoner recovered
his feet, he drew his cutlass and attempted to strike
the deceased, who caught tlse prisoner's hand as the
blow was descending, wrenched the cutlass from him
aced flung it into the sea. The deceased was completely
unarmed. After the cutlass was thrown into the sea,
the prisoner unbuttoned his jacket, and drew a pistol,
and took hold of thee' deceased again. A fresh scuttle
ensiled ; the deceased seized the muzzle of the gnu
with his hand, and appeared to be trying to prevent
the contents from injuring him, should it gu oaf. to.
the midst of this struggle, three or four more of the
blockade men (the Severn's crew) came down
to the beach from the watch house, and two of
them took hold of thee deceased, one on each side. The
deceased exclaimed in a bond voice, that he would go
to the watch-house with them, or any where else they
pleased. At this time the deceased stiil had hold of
the muzzle of the pistol, and said to the by-stanelers.l
" See, he is going to shoot me," meaning t: e prisoner.
Tlee latter said, " It you'l let me go, I won't shoot
you." The men who held the deceased said, " You
newt go along with us t • the watch-house." 'flee de-
ceased said he would go to the watch-house, or any
o here else. The prisoner then extricated the pistol
from the deceased's hand, and went routed two or three
of the persons who enclosed the deceased, tool; delibe-
rate aim at the deceased, and shot hien through the
body, the nosztle of tier pistol not luring inure than
is incises from him. The deceased exclaimed, " 0
Lord, I'm shot," staggered two or three pacts, and
instantly expired. The deceased IViti a much taller
and apparently amide stronger man than the prisoner.
There was no proof that there were any smuggled
goods on board the boat of the deceased. Indeed, it
was not searched, for after lee was killed the Severn's
men retired, amidst the indignant acclamations of the
populace. It was distinctly proved that there was no
attempt to rescue the deceased after lee was taken into
custody, and that he himself did not oiler any resist-
once when seized liv the Severn's crew.
Severe of the Severn's crew had been rtamined be-
fore the Coroner, but tome of them we re called on the
part of the proseenti,m; neither were their depositions
returned. The Coroner's Clerk was the Attorney for
the proseentiOn. These circumstances called forth the
strong animadversions of the Counsel for the prisoner,
and of the Lord Chief Baron.
'the prisoner, who apsred to lalmitr tender great
anxiety duriog his trial iint in a written detested", in
which he besought the Jurv, to bring their minds to
an impartial consideration of his onharrpy case, and
expressed his unfeigned sorrow for the melancholy ca-
tastrophe which had happened, urging, that he could
have no malice against the deceased, with whom he
had had no previous acquaintance. Ile recapitulated
the circumstances of the scuttle, awl earnestl., declared
that his pistol went off in the suddenness of his separa-
tion from the deceased, when released front his bold,
and nut.frow any design or premeditation.
Five of the Severn's crew were then severally exa-
mined, and they deposed most solemnly, that the dis-
charge of the prisoner's pistol was merely accidental ;
that, having suddenly released him froucthe prisoner's
hold, he staggerei, and, on the Instant, his pistol
Went off. They expressly declared that the prisoner
did not take .aim ; that he did not retreat, and go
round two or three other persons to take dim,; and
that be did not say, "Let me go. and I won't shoot
you ;" that the deceased slid nut say he was ready to
go to the watch-honse, or wherever the Severn's men
pleased ; and that both ptisoure and deceased were in
a violent passion ; and that the whole was an acci-
dental tsensaction of the moment. There were se-
ecral contradictions in the statement of each of the
witneises, souse of whom contradicted each other.
The Lotto Culla, Batton summed up the case with