The Sun. — 1834-07-28 (London, England)

JULY 25. • Benjamin Gdrdiner, aged 29, was indicted for the wilful murder of Patrick Feeney, on the 9th July, inst., at Chatham.  George Hewer, sergeant in the 50th regiment of Foot, then' quartered at Chatham ; witness knew the deceased, Patrick Feeney, who was a sergeant in the same regiment with himself ; the prisoner was a private in the same company • on the 9th July instant there was a private parade at half-past four in the afternoon, in the Barnard-yard, at Chatham ; it was not usual on such occasions for privates, unless ordered, to have their flints in their muskets, nor do they go to the parade with their muskets loaded ; deceased gave the word of command, " right about face ;" the prisoner obeyed the command, but in so doing staggered ; the deceased then gave the word of command " left about face ;" the prisoner obeyed ; his musket was then at the shoulder, in the position of shouldered arms ; deceased ordered Dunlevi, a corporal, ,to take the prisoner to the guard-room ; as soon as the word " guardroom" was mentioned the prisoner threw his fire-lock from the shoulder to the loading position, and fired. The deceakd bent his knees, and was inclining towards the ground, and cried out " Oh, murder !" Witness went up to the prisoner, and ordered him to deliver up his fire-lock. He gave it up. Witness ordered him to come to 'the guardroom. When they had proceeded a few yards, the prisoner said, " I have rid the world of a rascal and a tyrant, and lam ready to die for it." The prisoner was afterwards removed to the cage at Chatham. In the way an inhabitant asked if the sergeant was dead who was shot ? Witness said, " No, not when I left the barracks." The prisoner spoke up and said, " If he is not dead, I hope he will soon die, for lam not afraid of the rope." When the deceased fell the blood gushed from the hole where he held his hand. He died about two hours afterwards.  James Campbell, Staff Assistant Surgeon, at Chathambarracks, examined the deceased. He was wounded about two inches above the navel, a little to the right of the medial line of the body. It was a circular wound, from an inch to an inch and a half in circumference, passing through the body, penetrating the liver, and making its exit between the eighth and ninth rib. Witness could not say exactly what inflicted it. It appeared a gun-shot wound, but of much larger calibre than he should have expected from a musket-shot. The deceased died about an hour after he saw him. The wound was the cause of the death.  The prisoner put in a written defence—that he did not know the gun was loaded—he was so drunk that he did not know what he said or did—he did not owe the deceased any animosity or but deeply deplored the accident, and was thoroughly ashamed of the words which, in a moment of intoxication, he made•use of. Mr. Justice LITTLEDALE minutely summed up the evidence, and said that drunkenness was no excuse or palliation in point of law, for it was every one's duty not to be drunk. The Jury, after about three minutes' deliberation, found a verdict of Guilty. Mr. Justice LITTLEDALE then passed sentence of death on the prisoner, observing that he entirely concurred in the verdict. The sentence was, that the prisoner be executed on Monday (this day), and be buried within the precincts of the gaol from which he was taken. The prisoner evinced no emotion whatever. (