The National Register. — 1816-03-31 (London, England)

ASSIZE INTELLIGENCE.  M A IDSTON 1.% M nor 22.  Thomas Thomas was indicted fur the wilful murder of The • mas Moore, 011 the 9th of August lust. This case was one of considerable importance, it being that which our readers may recollect was, during the last Michaelina Term, removed by ertiurari, from within the liberties of the city of Rochester, where the offence was committed, to the Court of King's Bench. John Bridge, the first witnefts on the part of the prosecution. deposed that he was a custom-house officer. The 9th of Aug. last he was stationed on the larboard-side of the quarter deck of the Achille, then off Chatham. The prisoner was in the main chains aft. He saw him present his piece, and fire it off, when he inquired if the man was dead? Some person replied, yes. Witness went up to the prisoner, and said, "you villain, are you not ashamed to have shot the man, perhaps he has left a wife and family?" To which the prisoner replied," what's his f 'lv to me—if he had been my own father, I should have shot him '"f he boat of the deceased was about twenty yards from the ship—witness had walked on deck for near!y twenty minims before the prisoner fired. Did not hear him receive orders to tire—did not hear the prisoner speak to the deceased, nor was there any noise or bustle in the ship at the time. During the cross-examination of this witness by NI r. Serjeant Rest, he received the severest rebukes from the court 1111 d counsel, for the obstinacy, levity, and ineonsisti trey he frequently betrayed. William Naylor deposed, that he was a waterman at Chatham. On the 9th of August last, he was, in his boat, near the man of war, when he saw the prisoner stationed in the main chains of the ship. Witness also saw the deceased, Thomas Moore, in his boat. Saw the prisoner level his musket, and fire it off. He had previously heard the prisoner say be would tire.  John Cooke corroborated the above. Several witnesses were examined, whose testimonies went to prove that no orders wore given to fire by the proper officer ; and that it was contrary to the established custom to fire with ball, except for the purpose of bringing vessels to. The evidence 14 the prosecution being closed, the prisoner was called upon for his defence, when he stated, that lie had been eleven years on board the Achille, in the service of his king and country ; that he had fought in the memorable battle ofTrafalgar, and ever studied to obey his officers, and to perfi,rin his duty. He was a total stranger at Chatham, and could not be supposed to entertain malice towards the deceased, whom, with offirrs, he had frequently warned to keep off front the ship, but to no purpose. Having balls, he conceived that in case of emergency he was to have used them, and in the present instance bad been thus influenced. Under all the circumstances of the case, he threw himself upon the mercy of the Court, and the well-known justice of his country. Mr. Justice Bayley left all to the considi ration of the Jury, conscious that their verdict would be founded in justice and humanity. Should they determine upon the guilt of the irri • saner, he wished their reason tbr so doing to accompany lam verdict, as he felt it would be his duty to submit the case to the con,ideratidn of those who were better able to decide upon its merits, not collectively merely, but perhaps indisiduall), than himself.  The Jury haring retired fora few minutes, returned, finding the prisoner " Guilty, under a mistaken sense of duty." Mr. Justice Bayley.—" Let the prisoner be recommitted, and, the setence postponed."