The Sun. — 1841-09-27 (London, England)

AYR JUSTICIARY COURT, SEPT. 21. The Autumn Circuit was opened here yesterday, by the Lord Justice Clerk and Lord Mackenzie. John M'Culloch, ploughman, Wheatpark, parish of St. Evox, was charged with culpable homicide ; having, on the 14th of July last, recklessly thrown a dog into a coalpit, situated on the farm of Wheatpark, by which • a person of the name of David Steel, who was corning up the pit at the time in a bucke, was precipitated to the bottom, and killed upon the spot. The prisoner pled not guilty. Robert Harvey, bank man, deposed that on the 14th of July last, the prisoner came to the pit for coals, which were _ refused, because •he had neither money nor his master's line for the same. He had a dog along with him. Pannell, after talking awhile, said he would give any man a gill of whisky that would kill the dog. Witness answered, in jest, that the best way that he knew to kill the dog was to throw him down the pit. 111‘Culloch immediately caught the dog by the tail, and threw it into the pit. He heard a cry come up the pit before the tub, ! which contained one man and two boys, reached the top. David Boyd, the oversman was in the tub, and some words passed between him and the pannel, at the pithead, which witness did not hear. About twenty minutes afterwards the dead body of Steele was brought up. It was quite a common thing fur workmen in the pit to come up at all hours of the day. John 111. Cal hillsman, was next interrogated, and corroborated the testimony of the preceding witness regarding the prisoner's coming to the pit for coals, and the suggestion that led him to commit the rash act, which, he averred, took place about mid-day. No remark was made when the dog was thrown down ; but he heard two squeels come up the pit a few moments thereafter. The dog did not strike any part of the railing, but went straight down. When the tub came up the pit the oversman who was in it, said a man was knocked down. At the moment the act was committed, pannel came to witness, and caught him by the shoulder, while tears were running down his cheeks ; but he said nothing whatever. Pannel never said that the dog had escaped out of his hands. Witness knew there were men coming up in the bucket at the time by the signal. The dog was about forty or fifty pounds weight. Witness did not think that the prisoner intended to throw the animal down the pit. David Boyd, the oversman, then deposed that he, the deceased, and two boys, were coining up the pit at the time alluded to—two holding on by one side of the chain and two by the other. He did not know what it was that struck Steel and knocked him out till he came to the top. The dog fell into the tub, and was brought up along with them. The tub was about 12 fathoms from the top, and about 36 from the bottom—the pit being about 453fathoms deep. Steel's son was in the tub at the time. He gave two cries when his father went away from him. The tub was about four feet in length, and nearly twentyfour inches in height. The thing fell straight on the man's head ; and witness drew Steel's boy to him, nd said, " hold your tongue my wee man, your father's gone sure enough." M'Culloch, several times after witness got to the top, came to him, and wished him to go down and get the corpse •, but never mentioned that the dog escaped from his hands. John Stephenson and 1). Campbell, Esq., Mounthamilton, were then examined in exculpation, who stated that the prisoner, during the time he was in their employment, was of a mild disposition, good to his horses, and a most inestimable servant.  The Jury retired to consider their verdict, and returned, after the lapse of some .time, finding the prisoner guilty as libelled, but recommending him to the leniency of the Court.  The LORD JUSTICE CLERK, after alluding to the rashness and culpability of the act which he had committed, sentenced the pannel to three months' imprisonment.