The Express. — 1847-03-24 (London, England)

POACHING AND MANILLCOHTNII.--Henry Warren, aged 26, was indicted for the wilful murder of Wm. Setter, at Coombeinteignhead on the 6th Sept. last. Mr. Rowe and Mr. Cox for the prisecution ; Mr. Stone for the defence. The deceased wee employed as a watchman against poacher,. On Saturday night the sth Sept., between eleven and twelve o'clock, the deceased, with a man named Norman, gardener to Sir W. Carew, heard the report of a gun. They proceeded to call Harris, the gamekeeper, and whilst he was preparing to leave the house two other shots were fired. Harris came out, and further asditance having been procured, the party I went into the fields whence the reports appeared to issue. They also came to an understanding, that should one of them see any one going towards Newton, he was to call out " Gate ;" and, if in the opposite direction, the word " Field" was to be the signal. Wm. Setter and Robert Rendell were of the party who went towards Blindwell Field, and Harris, the gamekeeper, with three others, proceeded to a field called " Stoodley's Break." In the course of • few minutes the word " Gate" was called by those whom the deceased had joined, and immediately afterwards • shot was fired. This shot was thus explained: Harris and his party, on hearing the: cry of " Gate," ran towards the spot, and when they a rived at It In-field Break they sew the prisoner with the deceased and Robert Randall. Rendell had seised the prisoner, and desired Barrie to assist him. William Setter, the deceased, had his hand upon the ' 's head, and appeered to be in pain. Harris asked him, what was the matter; sad he answered "I am shot," or, "that fellow hes shot me." Harris, the keeper, asked the prisoner why he had shot the men ; and he replied, " I have done it and I am very sorry for it ; I wish the gun had broken in pieces when first I took it up." This account of the tranuction was carried somewhat further by the evidence of Robert Rendell, who stated that when he and Setter arrived at Kiln-field gate, they heard somebody coming through the hedge. Immediately afterwards the prisoner approached them, carrying a double-barrelled pal; and when he was within four paces of the deceased he lifted his gun to his shoulder. Seeing he was about to fire, Rendell called out, " You had better not fire ;" but before he could repeat tiro words, the prisoner discharged one barrel of his gun at the deceased, and then fired the other at Rendell. !tendril was not struck, and he immediately seised the prisoner with his left hand, whilst he held the gun in his right. A scuffle ensued, and Randall having placed his gun on the ground, it went off, and the contents tore up the ground for some distance. The other men hag by this time come to Rendell's assistance, and the prisoner having been secured, attention was paid to the deeessed,who was then growng from pain. It was found that be had received a wound in the upper pert of the stomach. On the following afternoon, at two o'clock, he died, end • oast merlon examination took place, when several shots, a link of • watch-chain, and a pima of wadding, were found in his stomach. Mr. Stone addressed the jury for the prisoner, and contended that there was not sufficient evidence to prove that the death of the deemed was caused by the violence of the prisoner. It was very possible that the deceased had received the wound from the shot which was fired at Robert Rendell, or from the gun which went off accidentally. Assuming, however, that the prisoner did fire at Setter, and that Setter's death was the consequence, there was no evidence of any malice on the prisoaer's part. If the keepers had not been armed with guns, doubtless the man's death would not have ensued. He contended that the ease was not free from doubt, and that, therefore, the Meaner was entitled to an acquittaL—Afar Mr. Justice Williams had summed up, the fury retired, and after an absence of about half an hour returned into court with a verdict of " Gteifty of manslaughter." Sentence deterred.