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knife, and in the scuffle the prisoner broken in two or three pieces, which drew it through his hand, and wound- articles he produced, and which were ed several of his fingers. The pri. proved to be the prisoner's. soner then took him round the waist, Mr Dennett, a surgeon at Stoningand dragged him to a gate-post, and ton, who was called in, described the endeavoured to swing his head a- wounds which had been inflicted on gainst it. Witness cried out for mer. the prosecutor. The knife being cy, and called “ Murder," upon shown to him, he said it was dull on which the prisoner caught hold of the edge, and in his judgment that him by the throat, which he griped circumstance alone prevented the with both his hands, in order to pre-wound being fatal. vent his making any noise. He im. Here the case for the prosecution mediately afterwards let go, but closed. seized his throat a second time, and Mr Justice Bayley asked the prithen the witness lost his senses, soner what he had to say in his deand remembered nothing afterwards. fence. When he recovered, he found him- The prisoner said, “I don't know self with his friends. He swore po- that I can say any thing.” sitively that he never in his life had John Gibbs, the father of the priany quarrel with the prisoner; that soner, came forward in a state of pithey were namesakes, though not re- tiable agitation, so much so that he lated ; and that he had known the could not stand, and stated, that he prisoner as a passing acquaintance, was a labouring man, and that his son and had seen him occasionally, but and he were in the habit of working was by no means intimate with him. for Mr Emery, a farmer at Parham. He could in no manner account for On the day mentioned in the indictthe prisoner's attack upon him. ment, after he and his son had per

George Whale proved, that he formed their daily labour for their heard the cry of “ Murder” on the employer, they came home to do evening in question, and went to the some work in their own garden. He spot whence it proceeded, when he observed that there was something saw the prosecutor weltering in his singular in the behaviour of the priblood, and in consequence of the a. soner, who seemed not to work with larm which he gave, the prisoner was his usual cheerfulness. At supper pursued.

time in the evening, about seven William Moore proved, that he o'clock, the prisoner seemed lowwas attracted to the sanguinary scene spirited, and ate every little food. He in consequence of hearing the prose- kept back from the fire, instead of cutor cry out “ Murder”_" Jemmy coming forward as usual on such ocGibbs don't murder me !"

casions to join in the humble cheerDaniel Duff stated, that he appre-fulness of their meal. About halfhended the prisoner between nine past seven the prisoner went out and and ten the same night on Wrack. never returned. He did not know lan Common.

of any quarrel between the prosecuJohn Braby was present when the tor and his son. last witness seized the prisoner, Sarah Gibbs, the wretched mother whose hands and face were very of the prisoner, also in an agony of bloody.

grief, stated, that she observed someDaniel Nash picked up the pocket- thing singular in the behaviour of her knife, which was smeared with blood, son during supper-time of the night and a stick, resembling a broomstick, in question. He ate little, and sat

per.

quite behind the rest of the family. ted, and the penal consequences His aunt was present, and was about which must follow a conviction for to go home. He was asked to ac- that act must be visited upon his company her, but he made no an- head. swer, and stood dejected against the The jury, after a few moments' decupboard of the room. Witness liberation, found the prisoner Guilty. knew of no quarrel between her son The Learned Judge immediately and the prosecutor. They always pronounced the awful sentence of appeared to be on good terms with death, in a manner so impressive and each other. The prisoner was a quiet, pathetic as not to leave a dry eye in affectionate, and industrious lad, Court, at the same time holding out worked early and late, and was not to the prisoner no hopes of mercy. given to gusts of passion or ill tem. Anne Price, the prisoner's aunt,

MURDER, observed his conduct at the suppertime above mentioned; his behaviour Lent Assizes, Kingston (Surrey) was very different from what it us.

Monday, April 5. ually was; he appeared very low. When he was nursing witness's child, Thomas Osborne was indicted for he threw it up in a great flurry, and the wilful murder of Eli Cox, on the not with his usual and tender care 2d of August last, at Epsom, in the of the child, of which he was very county of Surrey. The indictment fond. The prisoner was mild in his charged the death of the deceased manners, dutiful and attentive to his to have been produced in three difparents, and extremely diligent in his ferent ways-by striking with a stick, employment. On that night the wit- cutting with a knife, and strangling ness asked him to see her home, but by means of a stick and handker. he made no answer, and stood silent chief. and dejected. He used to see her The trial of this case excited an home at night on the like occasions. uncommon degree of interest, from

Mr R. Emery, a respectable far. its singular circumstances, and the mer at Parham, stated, that the pri. barbarous manner in which the desoner worked for him three or four ceased was murdered. years. He was an extremely good The prosecution was conducted by workman, and a very industrious, at- Mr Gurney, Mr Bolland, and Mr tentive lad: he always bore the cha. Adolphus. racter of a civil, kind-hearted young It is unnecessary to enter into a man, and was never known to quarrel full detail of the evidence which was with any body.

adduced on the part of the prosecuMr Justice Bayley then summed tion, and in the defence. The fol. up the whole of the case with great lowing were the most important feaininuteness, and adverting to the de- tures of the case. The deceased, a fence which had been set up, told youth about nineteen years of age, the jury, that if they were of opi. was employed in the service of Mr nion that the prisoner, at the time Tessier, of Woodcot-park, near Ephe committed the dreadful offence som, as under game-keeper. On imputed to bim, was possessed of Saturday evening, the 1st of August sufficient reason to distinguish right last, he had supped with his fellowfrom wrong, he was answerable to servants at his master's house, and the law for the act he had commit- about ten o'clock he loaded his pistol from a powder-horn, which his the limb. On the left side of the master had given him, and went out head there was a severe wound, but for the purpose of sleeping at his not so severe as to have produced master's farm-house, announcing his death; and in the opinion of the surintention of being up at an early hour geon who was examined, the death the next morning to look out for was produced by strangulation. On poachers. He was heard to go out searching about the wood-yard, the of the farm-house, which was near flick of a hare was strewed about the his master's mansion, about three ground, indicating that the deceased o'clock on the Sunday morning. He, had been engaged in a conflict with however, did not make his appear- some person who had been poaching. ance in the breakfast-hall as usual, Near to the body was the pistol of nor at church with the rest of the the deceased, the stock of which was servants; and being still absent at broken, and its contents discharged; the dinner-hour, the latter became and at a few yards distant was an alarmed, and would not sit down to odd sock made out of an old hat. their meal until some inquiry was Upon the gate which led from the made about him. Several persons wood-yard were the marks of bloody went in different directions, and in a fingers, as of a person who had esvery short time his body was found caped that way; and near the gate in the wood-yard of Sir Gilbert was found a clasped knife, covered Heathcote, which adjoined Mr Tes. with blood, and which evidently must sier's premises, exhibiting unques. have fallen from the murderer in his tionable appearances of violence and retreat. These were the principal murder. "On examining his body, circumstances touching the causes there was found round his neck his of death to the deceased. own silk neckkerchief, containing The facts charged against the prithe stiffener, tied behind in a great soner to support the indictment were number of knots, and twisted in such these :- The prisoner lived in a cota manner as to reduce his neck to tage, about forty yards from Sir Gilthe size of a man's wrist; and in the bert Heathcote's wood-yard, where twisting was inserted a piece of stick, the body of the deceased was found, 80 as to form what seamen call á and there was a mode of communi. Spanish windlass. He was then lying cation from the back part of the cot. upon his back, with his legs crossed, tage to the spot where the body was so that it was quite evident he must discovered. On Sunday morning, have been upon his face when the the 2d of August, about six o'clock, neckkerchief was tied in the man. the prisoner came home to his cotner above described. His right arm, tage, and was seen by his next door between the wrist and the elbow, was neighbour, who observed him from fractured ; in the inner part of the his window, to be in a very great same arm was a long, deep, incised heat, and sweating profusely from wound; but the coat which covered his forehead. In the course of that it was untouched by the weapon, morning he was seen to take some and the shirt wrist remained button. water in a wash keel, and shut himed. The inside of the hand of the self up in his house, and afterwards same arm had a deep gash across the hang his shirt and neckcloth out to fingers, as if a knife had been drawn dry; upon which articles of apparel through it; and the little finger of were afterwards observed by the same the left hand was nearly severed from neighbour faint marks of blood. The prisoner, who was a journeyman gar- as, on the Tuesday the prisoner pointdener, had on the following day been ed out where a currant, and not a set to work by the person by whom gooseberry-bush, had been broken he was employed, to cut strawberry in the branches, and had then been roots; but instead of employing the recently tied up; but the branches clasp-knife which he was accustom. were not withered, which would proed to use, he performed his work bably have been the case had they with a case-knife. The bloody knife been broken on the Sunday mornwhich was found, as above mention- ing, in the then hot weather. Mr ed, resembled that which the prisoner Howarth, however, positively swore usually carried about him. The pri- that he did not observe the same cursoner had been a seaman; and as the rant-bush to have been broken when knot which had been tied round the he examined it on the Monday. Anneck of the deceased was what is other circumstance of suspicion alcalled a granny knot, which could leged against the prisoner was, that only have been made by a person who on the Sunday morning, about nine had been at sea, or had been taught o'clock, he came out of his house, to make it by a seaman, it was urged and was met without any stockings as matter of inference, amongst o- upon him; and upon being asked why ther circumstances, as proof of guilt he so appeared, he said the reason against the prisoner. When the pri. was, that he could not find a pair of soner's house was searched three stockings handy. Under the prihat-socks were found, one of which soner's bed, between the sacking and completely matched, in point of ap- the mattress, were found a pair of pearance and texture, with that faded gray pantaloons and an old which had been picked up near the waistcoat, upon each of which apbody of the deceased. On the Mon- peared visible marks of blood, which day morning after the murder the were considerably faded. Within a prisoner's forehead was observed to few inches of the prisoner's gardenbe scratched, as if it had come in fence was found the powder-Bask of contact with some bushes ; and up- the deceased, stained with blood. on being asked to account for the These were the principal circumscratches, he said that on Sunday stances adduced in evidence to susmorning he had got into one of his tain the inference of the prisoner's apple-trees, for the purpose of ga. guilt. thering some fruit, to take to his fa- Mr Common Sergeant and Mr ther, and that one of the branches Curwood conducted the prisoner's giving way, he fell into a gooseberry- defence. bush, and thereby scratched his face. The prisoner, who was a very good On the Tuesday he told the same looking man, about six feet high, story, but described the accident to and who, during the whole time, was have taken place on the Monday cool and collected, and betrayed no morning. His garden had been ex. other anxiety than another man in amined by Mr Howarth, the Mem- the like perilous situation, put in a ber of Parliament, but no traces written defence, which was extremecould then be found of any goose. ly well drawn up, and which statberry-bush or apple-tree having been ed, that on the Sunday morning in injured in the branches, as must have question, the prisoner had risen abeen the case if the prisoner had bout six o'clock, and had gone into fallen as he had represented. Where- his garden and gathered some apples; and in doing so had fallen from humanity and general good conduct. the tree, by which means he had The other circumstances which apscratched his face against a goose- peared in evidence favourable to the berry-bush. He then took the ap- prisoner's innocence were, that the ples to his father's, where he remain- witness, Page, never mentioned a ed half an hour, after which he re- single word of the material part of turned to his own house, where he re- his evidence until after his second mained the whole day.-He totally examination, and until after a reward disclaimed any knowledge of the of L.200 had been offered for the cause of death to the deceased, for detection and conviction of the murwhom he had the highest respect, and derer; that the prisoner, after his first would have been the last man in the examination, had been discharged by world to injure him, still less would the Magistrates, and remained at he have been disposed to commit up- large, without any attempt on his on him the foul crime of murder. part to fly from justice; and that, in With respect to the clothes found point of fact, the pantaloons and under his bed, he said, that they had waistcoat said to have been stained lain by there for six or seven months with blood, had been for seven months as old and useless, and no longer ca- previous to the murder in the situa. pable of being worn, as he had grown tion in which they were found. Justy in his person, and could not put Mr Justice Park summed up the them on. He admitted that he was case for the jury with the greatest in the habit of wearing socks made perspicuity; and, with his wonted hufrom old hats, as poor people in manity and regard for the interests the country were accustomed to do; of the accused, cautioned them abut knew nothing whatever of the gainst any thing like prejudice, and odd sock which had been found in impressed upon them the necessity Sir Gilbert Heathcote's wood-yard. of deciding the question of guilt or As to the bloody knife and the pow. innocence in this case according to der-flask he knew nothing of them, the facts proved in the evidence. and he conjured the jury to dismiss The Jury, after deliberating for a. from their minds those prejudices bout five minutes, returned their ver. which some persons had taken great dict of Not Guilty. pains to excite against him ; adding, that he relied upon the intelligence and discernment of the court and jury to relieve him from the heavy conse. MYSTERIOUS MURDER. quences of a charge of which he was innocent, and which was abhorrent Gloucester Assizes, Tuesday, April 6. to his nature.

Several witnesses were examined, The following trial, which took whose evidence was perfectly com- place on the preceding Tuesday at patible with the prisoner's statement. Gloucester, excited an uncommon Two of them deposed, that the man degree of interest. Page, who spoke to the fact of the William Burton, aged thirty-three, prisoner having been seen on the stood capitally indicted for the wilful Sunday morning in a state of per- murder of William Syms, in the spiration, was not to be believed upon month of November last. his oath ; and all the witnesses gave Mr Ludlow stated the facts of the the prisoner an excellent character for case, which were as follow :-On VOL. XII. PART II.

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