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then taken to the indictment, which the learned judge stated should form part of the case which he intended to submit for the opinion of the twelve judges.

LEWES, AUG. 11.

The King v. Souter and Holles. This was an indictment against the defendants, for a conspiracy to obtain the condemnation of a sloop called the Judith, William Williams master, by falsely alleging that the said vessel was employed at Arundel in smuggling foreign spirits.

This was one of those infamous cases in which the excise have been deceived by the mercenary statements of certain persons, for the purpose of instituting informations in the court of Exchequer for their own benefit, and ruin of the unfortunate victims of their depravity. It appeared in evidence that the defendants had given information upon affidavit before Mr. Boddington, a commissioner, that the vessel in question had been engaged in smuggling at Arundel on the 26th.of June, 1816. Upon this information proceedings were instituted in the Exchequer, and the vessel was condemned. It turned out upon subsequent investigation that there was no foundation for the information, and the Excise, being satisfied of the frauds imposed upon them, made complete restitution to the injured parties and directed the present prosecution. They were all found Guilty.

Edward Broadbent, a private soldier in the 90th regiment of

foot, was indicted for the wilful murder of William Watson, a serjeant of the same regiment, by shooting him with a loaded musket, in the parish of Brighthelmstone, on the 29th of June

last.

When the wretched culprit was put to the bar, he excited feelings in all around very unusual on similar occasions;-pity and commiseration. When called upon for his plea to the arraignment, he exclaimed in a pathetic and wo-begone manner and gesticulation, "I am but too guilty,-I am guilty, and it would be only adding more guilt to my conscience if I were to say otherwise."

Mr. Justice Park urged him to plead Not Guilty, and take his trial, suggesting to him the inutility of the course he had taken, if he expected any mercy.

with affecting significance, and The prisoner shook his head repeated that he was guilty and expected no mercy. Upon which his plea of guilty was recorded.

The learned judge, however, again entreated him to plead Not Guilty, and requested the common serjeant, who led the prosecution, to speak with and recommend him to retract his plea.

The common serjeant accordingly conversed with the unhappy man, and after a great deal of persuasion prevailed upon him to take his trial.

John Shannon, a private of the 90th, stated, that on the 29th of June the prisoner was confined under arrest in the guard-house at the Brighton barracks. Whilst witness was in the guard-room,

he

he saw the prisoner priming his firelock. It frequently happened, that when a soldier wanted to light his pipe, he flashed some gunpowder in the pan of his piece to ignite some tinder; but as the prisoner did not appear to be going to smoke, witness laid hold of his firelock and asked him whether he was going to injure himself? He replied that the firelock was his own, and he was not so mad as to injure himself. Witness took the gun out of his hand, shook the powder out of the pan, and laid the piece down at a distance of about four paces from the prisoner. The prisoner never touched the piece until a non-commissioned officer came to take him to the evening parade, when he took his firelock with him.

Thomas Vizer, a private in the 90th, stated that the prisoner was put in confinement in the guardhouse by the deceased between

eleven and one o'clock on the 29th of June. Witness saw him in the guard-house walking up and down in a very agitated manner, flinging his hands about in a threatening and passionate manner, and heard him say, "If I go to the evening parade this evening, it shall be worse for serjeant Watson."

John Thomas, a private of the 90th, said he had just left his barrack-room to attend the evening parade on the 29th of June, when he saw the prisoner coming out of the guard-room with his firelock. Witness was standing six or seven yards from him. The deceased was standing in front of the company with his back towards the prisoner, the latter

being at the distance of about three or four yards from him. When the deceased was in the act of turning round, the prisoner raised his firelock to his shoulder and discharged it at him. The deceased dropped to the ground, and exclaimed, "My God, my God, I am shot." The serjeant-major came running out from the guard-room and asked "Who was it?" The prisoner answered "It was I, I am the man;" and said no more, but surrendered himself into custody.

Corporal James M'Cabe said, that he came immediately to the spot after the gun was fired and lifted the deceased up; he died in about twenty minutes. Witness took the prisoner into custody, and in his way to the guardroom said to him, "Are you not a terrible man for doing such a thing as this?" The prisoner replied, "I am not, for the serjeant was always tyrannizing over me, and I was determined he should not do it any more."

When each of these witnesses were examined in chief, the prisoner, being without counsel, was asked if he would put any questions to them, but every time he shook his head in a melancholy manner, and said "No."

Being asked what he had to say in his defence, he said nothing, but shook his head in like manner.

Mr. Justice Park, in his charge to the jury, said it was always of great importance that the proceedings in cases of this description should be as public and notorious as possible, it being much more satisfactory, for the purposes of justice, that the grounds

upon

then taken to the indictment, which the learned judge stated should form part of the case which he intended to submit for the opinion of the twelve judges.

LEWES, AUG. 11.

The King v. Souter and Holles. This was an indictment against the defendants, for a conspiracy to obtain the condemnation of a sloop called the Judith, William Williams master, by falsely alleging that the said vessel was employed at Arundel in smuggling foreign spirits.

This was one of those infamous cases in which the excise have been deceived by the mercenary statements of certain persons, for the purpose of instituting informations in the court of Exchequer for their own benefit, and ruin of the unfortunate victims of their depravity. It appeared in evidence that the defendants had given information upon affidavit before Mr. Boddington, a commissioner, that the vessel in question had been engaged in smuggling at Arundel on the 26th.of June, 1816. Upon this information proceedings were instituted in the Exchequer, and the vessel was condemned. It turned out upon subsequent investigation

that there was no foundation for the information, and the Excise, being satisfied of the frauds imposed upon them, made complete restitution to the injured parties and directed the present prosecution. They were all found Guilty.

Edward Broadbent, a private soldier in the 90th regiment of

foot, was indicted for the wilful murder of William Watson, a serjeant of the same regiment, by shooting him with a loaded musket, in the parish of Brighthelmstone, on the 29th of June last.

When the wretched culprit was put to the bar, he excited feelings in all around very unusual on similar occasions ;-pity and commiseration. When called upon for his plea to the arraignment, he exclaimed in a pathetic and wo-begone manner and gesticulation, "I am but too guilty,-I am guilty, and it would be only adding more guilt to my conscience if I were to say otherwise."

Mr. Justice Park urged him to plead Not Guilty, and take his trial, suggesting to him the inutility of the course he had taken, if he expected any mercy.

with affecting significance, and The prisoner shook his head repeated that he was guilty and expected no mercy. Upon which his plea of guilty was recorded.

The learned judge, however, again entreated him to plead Not Guilty, and requested the common serjeant, who led the prosecution, to speak with and recommend him to retract his plea.

The common serjeant accordingly conversed with the unhappy man, and after a great deal of persuasion prevailed upon him to take his trial.

John Shannon, a private of the 90th, stated, that on the 29th of June the prisoner was confined under arrest in the guard-house at the Brighton barracks. Whilst witness was in the guard-room,

he

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he saw the prisoner priming his firelock. It frequently happened, that when a soldier wanted to light his pipe, he flashed some gunpowder in the pan of his piece to ignite some tinder; but as the prisoner did not appear to be going to smoke, witness laid hold of his firelock and asked him whether he was going to injure himself? He replied that the firelock was his own, and he was not so mad as to injure himself. Witness took the gun out of his hand, shook the powder out of the pan, and laid the piece down at a distance of about four paces from the prisoner. The prisoner never touched the piece until a non-commissioned officer came to take him to the evening parade, when he took his firelock with him.

Thomas Vizer, a private in the 90th, stated that the prisoner was put in confinement in the guardhouse by the deceased between eleven and one o'clock on the 29th of June. Witness saw him in the guard-house walking up and down in a very agitated manner, flinging his hands about in a threatening and passionate manner, and heard him say, "If I go to the evening parade this evening, it shall be worse for serjeant Watson."

John Thomas, a private of the 90th, said he had just left his barrack-room to attend the evening parade on the 29th of June, when he saw the prisoner coming out of the guard-room with his firelock. Witness was standing six or seven yards from him. The deceased was standing in front of the company with his back towards the prisoner, the latter

being at the distance of about three or four yards from him. When the deceased was in the act of turning round, the prisoner raised his firelock to his shoulder and discharged it at him. The deceased dropped to the ground, and exclaimed, "My God, my God, I am shot." The serjeant-major came running out from the guard-room and asked "Who was it?" The prisoner answered "It was I, I am the man;" and said no more, but surrendered himself into custody.

Corporal James M'Cabe said, that he came immediately to the spot after the gun was fired and lifted the deceased up; he died in about twenty minutes. Witness took the prisoner into custody, and in his way to the guardroom said to him, "Are you not a terrible man for doing such a thing as this?" The prisoner replied, "I am not, for the serjeant was always tyrannizing over me, and I was determined he should not do it any more."

When each of these witnesses were examined in chief, the prisoner, being without counsel, was asked if he would put any questions to them, but every time he shook his head in a melancholy manner, and said "No."

Being asked what he had to say in his defence, he said nothing, but shook his head in like manner.

Mr. Justice Park, in his charge to the jury, said it was always of great importance that the proceedings in cases of this description should be as public and notorious as possible, it being much more satisfactory, for the purposes of justice, that the grounds

upon

upon which the court and jury decided should be well known; and it was therefore that his lordship was anxious that the unhappy man at the bar should have the opportunity of having his case fairly and impartially tried, by urging him to retract his plea of guilty. There could be no other inference drawn from the evidence they had just heard than that the prisoner was guilty of the crime of murder. The unhappy man at the bar seemed to have had a mind extremely sensible and irritable; and because the deceased, in the faithful discharge of his duty, had put him under arrest, he meditated the fatal revenge which was carried into execution as detailed in the evidence. The case was before the jury, and they would dispose of it according to

their consciences.

The jury immediately found the prisoner Guilty, and he struggled with his feelings to preserve some degree of firmness during the solemn proceeding which followed.

Mr. Justice Park proceeded with difficulty to discharge the melancholy duties of his office. Adverting to the prisoner's unfeigned sensibility, he said he should not aggravate the distress of his mind by enlarging upon the enormity of the crime for which he was about to suffer, conceiving that he was duly impressed with a consciousness of the dreadful sin he had committed; but in the language of commiseration and entreaty, he urged him to employ the few short hours left him in this world in devout application to that tribunal from which alone he could

expect mercy. His lordship pronounced the dreadful sentence, and ordered the wretched culprit for execution on Friday morning, and that his body should be delivered over to the surgeons to be anatomised.

The prisoner, during the learned judge's impressive address to him, was dreadfully agitated, and at the conclusion he fell into the arms of the gaoler and his assistants in a paroxysm of grief.

TRIM ASSIZES, AUG. 12.

Arson.-Patrick Murphy was indicted, for that he, with many others, on the 23rd of January last, after sun-set, and before sun-rise of the next day following, assaulted and injured the dwelling-house and habitation of Andrew Golden, at Longwood, in the county of Meath. He was also indicted for having, on the same occasion, wilfully set fire to and consumed the dwelling-house and out-offices of the said Andrew Golden.

The first witness examined was Maria Golden, the daughter of Andrew Golden. She swore, in substance, that on the night of the 23rd of last January, after she had been for some time in bed she was awoke by a noise she heard on the outside of the house, and that upon awaking she found the window of the room in which she and her mother slept broken in ; that she heard a shot fired, and voices from without calling out to her mother "Hand out the arms, you old rip;" that her mother, to repeated commands of the same kind, constantly answered that she had no arms; re

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