Summer Assizes.
The Times, 1824-08-02T00:00:00

Before Mfr. Ju,wicce PAX-III RD a itER. JrFluiamJo,mes and Flent-y Pit taway were indicted for the wilful miurder of Jaimes Mlillin, an. assistant gamekeeper Of iord Church- ill. The indictment charged that bothi prisoners, on the 15thi of June last, of mnalice it"orethought, feloniously made ani assault on the dece-ased that Pittaway slhot at himn with A gun loadcd with leaden bullets ; and thiereby g-ve himn a mortl-. wound, of which he laniguishied fromn nine o'clock to eleyen in the evening, when lie died; and that Jam"s was abetting Pittaway to comimit the murder. At one o'clock, the other felonies being disposed of', Mtr. Justice PARK addressed the jury, and gave them permission to retire for a quarter of an hour to take refreshment, as the case was likely to) last till avery late hiour. The juiry accordingly withidrew,and his Lordsliip retired to the Grand Ju-ry Room during the interval allotted to repose. At itsi expirntion he resumed his seat, andI theljury reLassembled in thic box. A large plan was produced, whichi the learned Judge ex. amined wvithl great care. The prisoners were then placed at the bar: they appearedl to be labouTing nen, James about 48, and Pittaway 28 years of- age. James, the elder, appeared slightly agitatedl, buit Pittaway betrayed no particular emotion. Thiey severally pleadled "not guilty." Several of the jurorsbeiig objeetedto oi the,pa,rtof theprosiecuition,, a considerable delay arose before afull jurc was sworn. Thelpri- soners eyedI the jury attentively as they came to the book, hut made no challenges. Mr. TAuXTON openedI the case for the prosecution. The pri. soners sitood chaTrged with the gravest and most serious offence which could he brcoughit withiin the cognizance of human laws, It was 'needless for him to bespeak the earnest attention of' the jury to the .whole case; but they woula forgive him- if he entreated them~ to flis- imiss from their minids every thing which they had heard of the case,Wfore they entered this cmirt of jsie He asked this, be- caiyuiq~e law of Englandl would not endlure that any inian, whether charfr,i' with a crime of Jeep dy,-, or with an ofFence of the lightest kind, shouldl be conv-icte-d on any prejudice or rumoor, or on any thin.g buit thie testimony of witnessco,. given under the solerna sanc- tion of an oath in Open court, anid subje.cted to the fullest investiga- tion oi"i,lhe prisoner or his coulisel ; and hie asked it thes more earnestly, becauise of late years' rvie persons. had not onfly en- tertaineti, but attempted to prom-ulgate, a contrary opiniion. Of the fact that James Blillin, the deceased, wvas mnurdered. no doubt wouild remain ; andl the great question wouldI be, w~he- ther bothi or either of the prisoners were guilty. On the I5thi Juine. about a quarter before ninte in the evening, this young man, who wasJ employed as ani occasional assistant in Wychwood Forest, came by his deathi in a place called Hensgrve-coppie In that forest. He was found thiere by a mnan namned Young, (who was attracted to the spot hi' a low mioan Ing), weltering in his bloodl. On e%aminiation, it appeared that he had received two balls, one of which had just grazed his skin, but the other enteredi liis thigh, and occasionedI deathi between 10 and 11 o'clock that evening. Ytoung having as- certained that he was dangerously wounded, left himi to prrocure as- sistance for his conveyancee homie. On the followving day, the spot was examine-d; the line of the shot was distinctly traced ; and steps of two Persons Were clearly visible to thie spot whiere the gun was fired, anid thence throiugh the covert t'o the open road. It was evident that the man who fired stood behind a bush to take his aim, as the mar,ks of the wadding were uipon it, tie leaves were scorchedi, and sonmi of thle brancies were brokes by die force of one of the baills. A bullet which enteredi thec ground was dJug upl, and woultl be produced, but the othier was lost in the wood. The two prisoners livedI in the neighbourhood, and were seen in company that evening so late as a quarterafiter eight--only hialf an hour before the fatal shot. About eight o'clock the deceased called at a public-house called the flit or Aliss, purchased as ounce of tobacco, and passed the house of the prisoner Jamea. Both prison- ers were seen soon after in) a potato-field, acud were observed to go from thenice into the forest by a place called East.hill.gate, distast 935 yardls from the spot-a Space capable of being walked over in less than half an hour, even by, emai who shiould go a little out of his road. About ten minutes after, the re-port of a gun was heard, not the gun which killed the dleceased (James Rl iin), but one fired by his brother Josephi nta rabbitin thieforest. In ten minutesora -,utarter of ani hour the reptort of another aun was heard, not like the tirst, but louder, and as of a guin loaded with more than one ball. Soon after. Joseph AMillin. walking in the thiicket to detect the partyv firing, but who had heard no cry or groan, saw the prisoners standing near the spat, in coniversationi, and, after observing their mFotions for some time, c-ame up and joined them, as y-et ignorant of tilte fate of his brother. James, after asking whiether he had shiot, and recetving an answer in the negative, said, that standing near a style, which was nearly 950 yards fromn the spot, they heard a cry of mnurder, and thought it was the voice of the brother of the witness. Whether this waLs possible, and whether Itie observationi did not prove a guilty knowledge in the prisoners, tlte jury woeild decidle. Whie Jose p h illIn was talking withi the prisoners lie heard a lowr moan, which indluced himi to go to the spot where he found his brother on the ground, in great agony. The deceased said but little; he stated that hie did -not see the man who shot himn, bult hecard the report atnd fell. Thiese wer the circumstances immae. diatelyvconnected with the fatal deed, but therevwere otlherswhich tendedato afect the prisoners. On thatnlight, at anearly hour, Pitta- yvay saidhnewas going tobedldirectly,,and yetlie went onandmEet tlte other pri8oner,and proceeded with hint into the fores,t. The ball which w as fouind corresponded with a gun found in the house of. Pittaway, and -with a bullet.m ouldI also di scovered in the same place. At the time when) his house was searched, it was riot thtere; it liad been sient awaxy, and cleaned, and was tak,en after it was brougzht hiome. The accountLs eh ich the prisoners gave of th e d eath of Alillin were,in some respects, inconsistent and liable to suspicion. Since the t-ransaLctions, they had made observations, which it would be for the iury to con- Sider, as they should be sitated, by tlte witnesses. L'Phe' learned coutnsel here stated a numiber of expressions, which were afterwards -proved.] fBut it wvould be asked what suiggestion of malicious de- %ign was there to acounit for the perpetration of so dtreadful a deced On thiis subject evidence would be laid before the jury of declara- tions whigh manIfested great ill-will, even if they didI not amount to actual threats. They would a-tendI to the whotle tdispnasionately, fairly, and canididly ; finding no main guilty unless the evidence car- Tied to their minds a clear conviction of hi-, guilt ; nor shrinking from tmoe discharge of a most painful d(uty, if that conviction shouldI ~result from the whiole case as it would be laid before them by the Iwitnessess. Edward Barnes was then sworn. He said, on the eveninig of the 15th of June I was wvalking in a potata-field, and a little after eight ~iw botth pioers I wvent fiom work, and left them walking under th waltwrs the forest. In abouit half an hour, ot better, h eard the report oi'a gun from H-Lensgrove-coppice. I (Jrosq-cxarrmned--Thc .ri..tiers live in the neighbourhood siear mne. James has a potato-fied next mine, and was looking at his own pota'oes. IJoseph Greenaway.-I have potatoes in a fieldI adjoining Not- tock's coLt.age, wlhich I was viewitig on this evenisg abouta, quarter Vsateight. The prisoners pas,sedi me,and went towards Hensgrove- oabout ten m-inutes I heard the report of a gun, and in a quarter of an hour another gun, muchi louder, as iflt was loaded with ball. The hoanday' after the inquest, whichi was on Fridaiy, I heard Jaimes say, Reve7nge is 'tweet, -let the Lord repay it." Crcss-examined.-I thoughit the prisoners mnight be looking after leer when I saw them.- James had a bill, but neithier lhad a gun. ittaway had a sleeve-waistcoat, such as he wears now. Whien ~Jam-es saidI" Revenlge was sweet" he quoted the Scripture. He maid he was a faither to the fatherless, and it was a hitter case he ihould be had up innocnt. Henri Juster.-! am a paper-maker, atid keel) the Hit or Mfiss public house. Akbout eighit o'clock on the 15th of June, James i3lillin the deceased came to my house for an ountce of tobacco. At 'he timne of the inques4 I hieard Jampes say that Alillin, the de- ~ee, pa.ssed bis house about eight in the eveniing. Hlis house is be- wenmine anid the Mfilking-stile. About twelve t at night Pittaway tws a myhoSe with Simms and Rawley. He told what had hap- ened anal three left my houge together. ChrOtte James. -1 know tlhe Hit or Bliss public hotuse. Is the vinofthe 15th of June, Millin, about eight o'clock, passed y os o the 'Milkisig-stile, wliceh leads to the forest. About a uteafer, I saw Pittaway go into WVilliamn James's house, wisich bt-ween my house and the forest. Pittaway was dressed in a leeve-waistcoat,wvith nothing over it. He came out, antIwent up to- ards the Miilking-stile. Cross-examine i.-Pittaway had no guin in his hand. Thomas younug.,On the evfening of thle 15th of June, I wras on gih-hill Bank; io the forest of 'Wychwood. About a quarter be- '~oe nne,I har thje reportofa gun~, and a person cry otAt inmmedi- teljakido squall; and then in about a minute, I heardi the ryjLpirer."I made towards the place whence the cry c-ame, jwnthad tw,,o cries of"1 murder." When I got to the gap in iA .llnx t whretlie cry came from, I called out,and received no n.vr. I heard gra"wihtodce me to the gap in tile well of ensrov-cpp~e. 'hre I fo~und-James AMili bleeding. I said, ForGods skewhat's the matter." Butithle did not speak. I aisd hs had romthe ground, and his head fell back, like that of dyingman. laidhimggently down, and ran to the villag for s ~lastnce.As Iran,I saw no one. On my return, I foun Joeph '~lilln ad te pisner James with him. I have said, I tlsoitghr I ~mss tllmintesgong to the spot after I heard the report, but I amn ~owconincd tatit was not more than four. 'We carried the de. ~easd t Soth-awnlOdC, her heexpired in about half an hour. P'tn.At aly to h ik i an open spafce; but I did not ~4.If lmen d ru aaaerhhot in that direction, and I had ~ookd, I must havese hm l,Cross-exawned lJiJttt ad a bill in Itis- hand, with which lie cut 'Carn for the wounded span. ;1 Joseph Mvi lin,the-birther Of the deceased, said-I amn one of the teepers in Wyehwood Forest. On the evening of 15th of June, I was in duty. About half-past eight I fired a gun loadled with shiot at a -abbit. In ten mninutes or a quarter, of an hour, I heard a gun fired -n llensmgrve-copp:ice, aLbout half a mile from mYe. I then went in ' he direction of the sound, and thought! h eard something of a hial- o,but could notauiakc out what it was. coneraled myselfw aritsongrs he wood, whileiloaked into the Plain. hnswtetopioes trst one, ad thsch.the othier ; they joinied each other, and walked to tay.This was 1,50 yards., from the apot where the body was ~ usd, ana they Passed about 2,51ya YaT to ihe eaatwai d of the L Iwen toard thm, nd heyturned back to meet me. Wil- am ame ekes pe i I adelit?I said "I No, butt some one se tas" imne sad, lY herda shot and some one ha)1oo," 'iA ittway dde, "e tlougtitwas'I murder-1' "I said, i' not hat I o nt titi thre as ucha cry." James said, t' he oueh th sht ws i Heegrve,andhe thouglht it was my bro- her .Jem by his voice." lThey left me, and went up by tue sloe ot ; he coppice to the wzestwgard, and stopped at a gap o3pposite to where fplybrotheraa boeylay,.havingpassed 3 gaps hrore without stopping. ler alitlo ting, hestd a cryof " murder," a ndvwent to the place vher8 mbrolfi'rl#aleeding. As soonast wentt obirn, theprisonerg came up. ' James said to ine, " VFrat do you think of it now ?" I asked my brother what wa.s the matter, and he told me his thigh was broken. I asked, " Where's the gun ?" He said, "' I have none," and I saw a stick lying by him. I said, " Jen, are you slot by the poachers ?" He replied, " Yes, I am. I heard some one, and was looking to see if I could see them, and I was shot." I sent Pittaway to South L4awn-lodge to carry the deceased home. Mr. Young came up, with others, and we carried him to South Lawn-lodge. As we went along, the deceased cried out " how badl he was," in the hearing of the prisoners. He said, " HJe wished lie knew who did the crime, he would freely forgive them." A fter my brother died, I desired Pittawav to call at a neighbour's named Godwin, and beg him to come to my house. On the following morning, between three and four, I ana others examined the spot. We traced the steps of two persons to and from a place near to the spot wlhere I found my brother. They were from the north towards the body, within ten yards of it, and then turned back a few yards to the west. We traced the westward steps almost to the open ride through the forest, where we lost them. We examined the ground, and saw where the powder burnt the bushes, where the bal had passed, and whlere it went into the ground. There was wadding on the bush. One b:ll had en- tered the ground, the other bouned up, wvent through two or three bushes, aud was lost. Pratley dug up the ball which entered the groulnd anid it is here to-day. It was ohout seven yards from the body. On the 25th of June, searched the houne of Pittaway. Thiere I found a gun and several bullets, a hare nct, ten deer slips, anti a powder horn with powder. f afterwards compared the hullet found in the earth with the bore of the gun ; it is out of shape now, but, in its original state, it would have gone down. The gun (which was produced) unscrews. Beth prisoners on this night had coats on. Cross-examined.-If either of the prisoners had a gun, I think I should have secn it. I do not believe either of them could have had it when I saw them. I could not tell which way the murderer en- tered or left the coppice. I emploved mr brother after Bayliss went away. lie had laid an information against these men. If Bayliss had not been sent away, and he had not becn employed in his place, he would not have been shot. Examined by the JuDGu.-There are not many housc in the neighbourhood. A man might have conc1aled a gun in the forest, and easily have regained it. 31ichael Holliday.---l was mowing in a close with three otlhers on the evening of the 15th of Jauie, near the Hit or Miss. About six o'clock Pittaway cume to me.Heeasked vhether we intended to finish mowing to-night ? flot, one of the men, said, " Yes; if it please God." Pittaway said, " Then I shall be at home and in bed before you have done." About two hours after, I saw him at his own house. I caid, " You are not gone to bed yet ?" He replied, " No; 'but I shall in two or three nminutes." I was mowing the next day in a close near to that where I had been mowing the night before. I saw James, and asked him if he had heard anv thing more about the murder? He said, " No." I asked him " Whereabout the ball struck the man ?" He answered, " In the thick of she thigh." I asked, " H1ow lie came to find it out ?" He said, as he and his companion went along the forest, they heard the noise of a gun and a nan cryl " murder," and wenit in search of th!e place to see if they coull find him. James said,. Joseph Millin asked his brother what was the matter ? I le saitt bis tlhigh was broken. .Joveph asked how it happened, and the deceased sai-I some onz shot him. Joseph asked if lie saw any one ? Ile said, ' No ; he heard, but saw io one.", John Simms.-I was at the Hit or Miss public-house on the evening of the l5tl of Junc. Between 10 and 11, Pittaway came in. lie said, " a bad accident had happened; James ilillin was shot." He added, " he was shot through the thigh." We left the public-honse, and Pittaway with us. We were going in the direc- tion of his hiouse, but he did not go with us. The next day James went with me and David WViggins to the spot wvhere the murdler was committed. James showed us the blood, ann a stick wlicll the ball had cut through. -We went then to the back of the bush,to see if we could discover wliere tle man stcod wbo shot, and saw the powder on the bush. We tricl whetlter we tould see a man through the bushes, and fotrnd that hie would not be very visible. James said that when the shot was fired,he and Pittawar were standing between the Alilking-stile and East-hill-gate, anh lieardl the report of a gun and a man cry out amnain as soon as the report ceased. Pittaway said it was the cry of murder. I have heard a halloo as far off as thi3 place whence 'hey say they heard the cry of murder. James said he hallooed, and received no an- swer. They then walked on, and saw a man in light-coloured clothes running along the riding to Astally, antI afterwards met Joseph ll ilhn. (The witness went on to state the details given by the prisoners, which in ,lI material points tallied with the evidlence of Joseph Alillin, except that James said he told Joseph Alillin lie thought it was James Illillin's voice.") The witness pro. ceeded.-On the 16th of.lune I was at the prisoner James's lioase. I there saw his wife. She said she expecte(d to have the house searched and the gun taken away, and asked me to take it. I agreed, and put in too my hay.loft. On the 25th of June I went again to James's house, and saw his wifo, and told her I wotidl not allow the gun to remain longer. She refused to take it, anlt I put it intco MIr. House's barn, under the straw. James was tben in custoely. Cross-examined.-Thle poor men's guns are often taken bv the keepers. Nothing was said about the murder. The 15th of June was a calm sumner evening; I have heard the scream of a man a great dleal further on such an evening than the distance from Hens- grove to the place where the meni say they heard it. Eliza Perfect.-I am Pittaway's niece. On the day of the murder, Pittaway came in to sttpper, and went outabout half pa3t seven. He saidi he wars going to William James's. I saw his gun about six o'clock in the pantry. The next morning I saw it again in the samne place. About a fortnight after the murder he told me to go to Mrs. Iot's for the gtltt. He told me to bring it home under a long cloak of my attnt's. I obtained the gun and retuTned it to Pittaway. He took it to pieces, cleaned the insit?e of tne bairel. anti put it together agairt, and placed it up stairs. I have seenr him load his gun with ball; he used to put in two. Ann Ilot.-On the 18th of June Pittaway's wite brought his ,un to me under her cloak ; on the Thursday following Eliza Perfect came for it, and took it home under the same clealc which the wife htad used to bring it. James Pratley.-Thedav after the murder I assisted in appre- hrending the prisoner James. WVhile he was in custody I h-d conver. sation with him. George Pratley said, "' It is a serious thing to shoot a man through a hedge." James sait, " It is life for life." Geo. Plratley said " It could not be life for life." Janres said " It would be, forif the rman was found ottt hewould be hartged." I said " The man wvho shot James M\ illin would be glad lie had not done it now." JAnsCS said " If that man coarld not rest till he had done it, what was he to tdo then ? Perhaps he can restbetter now than he could before. ily teck is but short now, perhaDs it riav be longer at AMidsutmmer." On tire day after tile murder I anmlmy father Job, and Joseph Alillin, examnined thie spot, and found the ball about five or six yards from the place wshere the deceased fell. I hantledl over the ball to Joseph Mlillin. Tire ball was produced. It was much flattened by the blonv. James Pratley cross.examined.-I was twice before tile IMagistrates before I told this conversation. I did not teli it, because I was ex- amined to another paTt of the case. James Sltaylor.-Tlie(lay after the marder I went to the spot, and traced thie steps of two persons to and from the bush where the man stood. At the great track we lost them, on the south side of Hensgrove coppice, near a quarter of a nmitc from the place wlrere the murder was coimmitted. On tire 24th of June, I sawv the prisoner James in Irisgarden. Ile askeri me where I had been at work ? I told him and said he shiorrld have been there. He said he liad been verv bari for three weeks, arid had been troubled about tire nmurder, so that he had dotre notlirig. Ile said, " If that fool had said nothiing abortt the meat, and kept his place, thierc would have been nothirrg tire riratter; arid the other would have been at home in his place." Cross-examnined._I thought he meant Bayliss, by the " fool" of whom he spoke. Richard Cross._I was in company with Jamesi on the day after the murder. He sail he was looking at his potatoes, and looked over the wall to see it there was a deer; but could see nothing. He then went to Greenaway's, then to East-ihill gate; lie got over the gate, and stood betwcen it and the M ilking-stile. There he stood a considerable tinee; heard a gun go off, and the alarm. They ran for it, and s<rw a nman in a lighrt frock, or coat, to wimori they called. He did not stop; they followed trim; and tiren came back. James loads his gurns with three, Pittaway with two balls. James said, " For his part, he was as innocent as a child unborrr; but nodoubt he and Henry Pittaway would be lrardlyexamined on the case." Cross-examined.. Many a one kills deer as well as mc. I am not ashrarnre(r of it. Otiber nmen load with twro ba:lls, I load with one. George Pratley.-On the 18th of Jttne I searclied the Ihousc of Pittaway, and found a bullet mould, which I Irave here. I have compared this bullet produced with tire mould, and 1 think it would fit thie inouid if it were not battered. Mr.. rstice PAKr.-This evidence is a great deal too vague to affect the prisoners. William Salmon.-I went on the 9th of July to House's barn, where I found the barrel part atrd lock of a gun loaded. I was pre- sent whien thecharge was dlrawn. It contained three balls. GeoTge llodgkins._On the 18th of June, I saw both prisoners sitting together talking, at the Crown at Shripton, in the afternoon. James said, " Two men cculd not be hung for one, as only one man cortid puil the trigger." I heard no nrore. Job Pratley.-I was in company with James in the Ap;il before the murder, at the Swan. James said, " If onre man could have an opportunity, Mlillin would not be keeper mucs longer." I said, i' ou would trot kill a man for the sake of a deer ?" Ile said, "No, I would not." I said, " W'Ve sliall not be dismayed at that, we sliall niect io the forest and try thiat our." I am an asistant keeper. Cross-examined.-At this time James Millin was no keeper. He became assistanit keeper afterwards. James Bavliss.-1 was at the Hit or Mliss public-house on Whit Monday last. As I was comina out, Jaties said, " Stop, my friend I Once on a time thy master killed a dag for re I'd cut his head off as soon as I would a butterfly's, if I could get the chance; arid I should not stand out for another one's." I said, " Perhaps that's mine ?" lie said, " That thr e iast got to find out.,,ttreIas o ofn Gross-examined.-Joseph Aillin is my master, not James. I had laid an information against James, hut was persuaded to go away by some men at Shipton, beforc it cane on to be heard. I believe I wetit away on the Thursday before the mtrrter, early inm the morrl. ing. I did not proclain my iatentiorn to the worldL Joseph Mlillin, recalled by order of thc JUDGE.-I appointedl Janmes Mlillin mv assistant on Friday; I did not ment:ion it publicly. I attended the Magistrates, and stated that Bayliss was gone. IlMy brotber was rather taller, and riot quite so stout as I am. James ffolliday.-About five days before the murder, I was drinking at the flit or Aliss public-house, and James caime in with several others. One of them in my presence said, an information rhad been lodged against James by Bavliss foe having venison. James said " It was mutton; anil that Alillin diet appear; but the under- keeper ran away. Trhat ran, Ba1liss, had taken a false oath, and he ahould like to ctop off iillin's head on a block to-night, for he vwas s4re he would do so to him." Philip Pratley.-In the beginning of Play last, I tvas at work with both the prisoners in Furzy Lees Coppice, in the forest. They were talking about ipoaching anti the keepers. Pittaway said "he would no more mind shooting Ahillin than nothing, if he couldi get the chance, and was sure no one was with him ; and he was sure there would be niurder done this summer." Alr. Augustus William Batt, a surgcon, proved that be was called to see the decesed, antu that iis death was occasioned by a wound in the thigh, from a bullet which passed througli tie femoral artery. This was the case fbr the proscution. The prisoners being called ow for their defence, severally declined saying aiy thing. A1r. CuRwooD said he had no witnesses. Alr. Justice PAnx, after a sbort paxrse, proceeded to sumn up the evidence. On this most important case2he intended to deliver no ulti. mate opinion himself, bht to leave it entirely in the hands ofhe jury, with such observations on each part of the case as it secmed to him to require. One general remark he vould make-that it wa5'a great nistake to suppose that one man could be guilty of such a crime As that ehalged bmtUsQ olily ono man could draw tlc trigger; for all who were present ididng and abetting, weie in law, as in reason and morality, cqualiY criminPl. Thia was not like the cake at Hertford, in which he last winter Had so muelc concern, where one of the felons was Dot near the spot where the offence was consummated, and in which, thereforet, he was but ani accessory: for here, if both were present, both were prin. cipals. One thing might be assumed in this case as clear, that the deceased came by his death by an act of murder, for it was evident that he had been deliberately shot at, and had given no Immediate provocation which could mitigate the character of the offence. But this being granted, there arose the important question_most import- ant both to the public and the prisoners-wbhether they were the par- ties guilty. To assist them in deciding this question, he would read over the whole evidence, which he acvordiugly did, commenting largely upon all its bearings. In favour of the prisoners he rolnted out the circumstance, that neitherof ihem had or could have nad a gun when they went down into the forest, and that the gun of Pittaway, bv which it was supposed the shot was fired, was seen in his house that evening and the follovwing day. The habits, which as osachers they had unhappily formed, would account for the possession of guns and bullets, and the correspondence of the bullet with the gun and the mould was far too imperfect to autho- rize any conclusion of guilt. As circumstances bearing against the pr iconers, he pointed out the sending awtay of tne gun the conversa- tion of the prisoners withl Joseph M3illin on the fatal evening as to what they had heard, and the expressions which fell froa them both before and after the murder. It was scarcely possible to gather any reason wvhy they should entertain malice against the deceased; hut if they went out intending to kill Bayliss or Joseph Millin, and killed another by mistake, 7they were, in pont of lawr, guilty of mnur der. The question was of awful moment, the 3ury were iet proper snd constitutional tribunal to decide it, and, wlitho'ut expressing anv p)ositive or ultimate opinion upon its merits, he left it in their hands. The Jury consulted in their box for a quarter of anhour, and then returned a verdict of Guilty against both the prisoners. Up to this moment, the most intense expectation pervaded the court, and the verdict created an audible sensation. The prisoners, who had betraved little emotion throughout the trial, but had paid great attention to the proccedings, nOw broke out into loud declarations of innocence, and exclamations that they were murdered men. AIr. Justicc PAIte proceeded to pass the dreadful sentence of the law. The prisoners had been convicted, after a long and patient in- quiry, of a murder committed in cold blood and unmler circumstances of great aggravation. He did not wish to hei$hten their distress by any remark, but entreated them to betake themselves to penitence and prayer, and to make a full confession of their guilt. the sen. tence on them was, thattbey should be severa)ly hanged by the neck on Alonday next till they were dead, and that their bodies sltould, after death,.be enatomised. The prisoner James cantinued during this address to assert his in- nocence, and to declare that he and and his companion were mur- dered men. - SUMMER ASSIZES. OXFnR5 F-v r