chine-room; he was then at his machine at work: I can't say whether it was before or after eight o'clock. Russell spoke to me about ten minutes after I saw him. Russell said to me, "There is a girl murdered out in Avishay's-lane, going across a field." I asked him if he had seen the girl? He said no; he would go and see her when he went to breakfast. I asked him who the girl was? He said, "A girl with a squint-eye, that works in our mill." I asked him if it was a short girl. He said "Yes," and I said, "Then I know her." After this we both continued to work at our machines. I saw some one speak to Russell in about five minutes after it was Thomas Harp.

Cross-examined.-We sit back to back at our machines. It is possible for persons to go out and come in to the other machines without my knowing any thing about it. A person might have spoken to him over his machine without my being aware of it.

Henry Fowler.-1 worked at Mr. Risk's factory on the 1st of December. I heard that morning of the murder from Gillett. It was five minutes before eight.

John Lake.-Henry Fowler was the first person who told me of the murder, at my machine. I think it was a quarter before eight, because I heard the bell ring after.

William Bragg.-I saw Bird that morning; I told him of the murder about twenty minutes past eight. I had heard of it just before. I left the factory at eight o'clock. At the time I told Bird, I did not know who it was that had been found dead.

Vincent Bird.--William Bragg was the first person who told me

of the murder, at his house, opposite the factory gate, on my return from breakfast, at twenty minutes after eight. I then went into the factory. John Russell was there. I said to him, "John, there is a poor girl found down in the field, with her throat cut." He said, "Poor girl, she'll never be no more."

The prisoner's examination taken before the coroner was then read. He stated that he left the factory on the evening of the 30th of November at eight o'clock. He went for some leeks, and returned home soon after half-past eight, and did not go out after. Bird was the first person who told him of the murder, after he returned from breakfast.

Wood. I worked in the factory on the 1st December. I heard Thomas Harp say to Russell, between seven and eight o'clock in the morning, "What sort of engagement had you last night?" Prisoner replied, "a d-d hot one."

Cross-examined.--I will swear that the words were not "I'll have a d-d lot of them." I will undertake to swear I did not make a mistake, but that those are the words.

Robert Hebditch.-I am a laceworker, at Mr. Risk's factory. On the 1st of December, I saw the prisoner and Thomas Harp there, at twenty minutes past seven. I heard Harp ask Rus sell, "Well, Jack, what engagement were you in last night?" Russell answered him, but I could not make out the words.

John Rendall.-I saw Russell at the factory on the Monday. He said to me, "I am going to have a d-d bl-dy good battle by and by, after I leave work."

I asked him who with? He said he was going fighting along with

a

Cross-examined. I am the boy who takes care of his machine when he is gone away. I went to breakfast on Tuesday morning at twenty minutes after eight, and left Russell there. I had been working with him at the same machine. I heard nothing of the murder till I went out. When I went out I met Vincent Bird coming in; he was then near the factory. I was examined before the coroner, and gave the same account as I now have; but I did not say any thing then of the beastly story I have now told.

Joseph Balch.-On the day of the coroner's inquest I saw Russell. About a week after he was liberated, I asked him why he could not get himself free before. I said, “I could, if I was innocent." He said he could not, from one and another coming in against him. I asked him if he was not in the same room to hear what was said against him. He said, of course he was, or how could he contradict them.

I

asked him if there was any one of the witnesses likely to hurt him more than the other. He said there was one who, when he came in, made him shake. He took a spindle up and let it drop, and said he thought his life was as near gone as that.

Cross-examined.-I might have said, that, if some of the witnesses had had their own way, his life would have been gone.

Re-examined.-I do not think that the last answer was what the prisoner said.

Henry Predell. I was in Il chester gaol in January last. I was employed to take care of the

prisoner. He told me, that on the night of the murder he was in Harp's garden after greens and leeks; that he took the greens under one arm, and the leeks in the other hand; that he went across the meeting-yard, and over the wall to his back-door.

Robert Mills.After the pri soner had been liberated, I heard some one say to him, "They have accused thee of the murder, arn't they." He answered, "Yes they have; they shall have a d-d hard job to get it out of me, and a dd sight harder to hang me."

Mr. John Gunn.—I am the minister of the dissenting congregation at Chard. I visited the prisoner at his own request; he was in custody at the time. On the Monday after he was committed in December, we were left alone. I told him I was not aware of his object in sending for me, but if it was with a view of making a confession, I begged he would not make it to me. I spoke to him of the awful situation in which he stood, and of his former life; he wept, and said, "God knows I have sins enough to answer for without this murder." Mr. James Edwards said, in the presence of the prisoner, he understood the prisoner wanted to inquire of me concerning the possibility of pardon for murder. I told the prisoner there was pardon from God upon repentance and humiliation. I continued with the prisoner a quarter of an hour; I exhorted him to confess his sins to God, and I read some portion of Scripture to him.

Cross-examined.-I understood his expression to imply that he was not guilty of the murder.

William Guppy.-I know the

prisoner. I saw him in March, 1829, near Tuchets. I knew Joan Turner; he and I stood together, and she passed by about ten o'clock in the morning. He said, "There's a pretty bitch gone along," I said, "Why?" He said, "She had a summons for me the other day, and if ever I catch her by herself I'll give her a sly pat."

Cross-examined. Titherley came up with Russell: whether he heard the observation or not I don't know.

Charles Titherley.-I saw the prisoner with Guppy in March, 1829. We saw Joan Turner pass. I had talk with the prisoner about her at different times: not since last July twelvemonth.

John Atherley.I am a faceman at Chard. I had some talk with the prisoner before he was taken into custody the last time. He asked me if I thought a murderer could be saved. I told him yes, murderers and the worst of characters might be saved by repentance. He said, if he had not done the murder, he had no occasion to fear. The day after he came to me again, He said he had another question to ask me, if I thought it was possible for conjuror Baker to bring the murderer to light. I said, I did not think it was possible, though there were many wonderful things done in old times. He paused, and then said, "Well, I've not committed the murder, and by that means I've no guilt upon my conscience." Cross-examined.-I am a Bap

may have said something of the kind.

Sarah Legg.-I attended the prisoner's wife in her confinement near about August: there were marks left on the bedding.

Joseph Cornelius.-Joan Turner had a bit of a cast in her eye. This was the case for the prosecution,

The prisoner being called on for his defence, said, "The charge, my lord, I am now lying under, and which affects my life, I know nothing of, therefore there is nothing lying on my conscience for it; and I hope, by the help of God and his mercies, I shall be restored."

George Russell, I am the brother of the prisoner; I saw him on the Monday afternoon. I mended a pair of shoes for him the Friday preceding; they had clamps on the heels and toes, and a few hobs on the sides. I saw the coat, waistcoat, trousers, and shoes he had on that Monday afternoon; and I saw he had the same on, when he was taken up on Tuesday. He had only one coat at that time.

The Judge summed up the evidence.

The Jury turned round to consider their verdict: shortly after which, the counsel for the prisoner requested his lordship would call the attention of the jury more particularly to the time when Bird told the prisoner of the murder. His lordship then stated to the jury the particular times when the witnesses said the prisoner had told them of the murder, and pointed out some differences in their evidence.

The Jury then consulted again for about ten minutes, and returned a verdict of Guilty.

The prisoner was asked in the usual way what he had to say why judgment of death should not be passed upon him. He addressed the Court. "My lord, what I have to say is this-I am free and innocent of the crime, so help me Almighty God. I am happy to leave this life and to meet my God under the circumstances I am now placed in." The prisoner then recapitulated what he had stated in his examination before the coroner, and said that, the child wanting something in the night, his wife went down into the kitchen to get it something, and continued-" I am wholly innocent; I know nothing more of it than a sucking child, and the Almighty will find it out, and the world will know that I am innocent."

Mr. Justice Gaselee sentenced the prisoner to be executed on the following Saturday. The prisoner then fell on his knees, and said in a firm and loud voice, "I am happy to say, my lord, that you have passed sentence of death upon an innocent man." He was then removed.

The trial lasted twenty-three hours; and sixty-three witnesses were examined on the part of the prosecution.

On the morning following (Friday), the high sheriff repaired to the gaol, and had an interview with the prisoner, who again, in the most solemn manner, with the Bible in his hand, asserted his complete innocence; he also was anxious to receive the sacrament, in order to declare at the altar that he was not guilty of the crime of which he had been convicted; he added, that he had led a very sinful life, but he thought that his suffering wrongfully for

a crime he had not perpetrated would be received as an atonement for them. About nine o'clock that night a respite was sent; and at seven o'clock on the next morning, before the arrival of the respite had been communicated to him, he said that he was to die in three hours, and that he should die for a crime of the commission of which he had no knowledge. He was then told, that, in the course of the night a respite had arrived, but it appeared not to have the least effect upon him, and did not make the least alteration in his conduct.

The sentence was not carried into execution.

CHELMSFORD, JULY 30. Trial of Captain Moir. William Moir, gentleman, was indicted for the wilful murder of William Malcolm, at Stanford-leHope, on the 17th of March last, by firing a pistol loaded with ball at him.-The prisoner pleaded "Not Guilty."

William Dukes is a fisherman, living in Wandsworth, Surrey. Knew William Malcolm for seven years, and was in his employment. One day, in March last, he went with the deceased to Holy Haven. which is on the Essex side of the river, five miles below Gravesend, in a boat; an apprentice of Malcolm was with them. Left him in the boat, and witness and Malcolm went to Shelhaven-creek, which is half a mile from where the boat was left. They crossed the marsh by a foot-path. When they had arrived at the creek, they proceeded to put down nets, when captain Moir and his servant came up. The former said, "What do

you do here?" Deceased replied, "We have a right to lay a net here." The captain said, "If you do not take it up, I will cut it all to pieces." Malcolm replied, "Don't cut it, and I will take it up." Captain said, if he was any man, he would give him a d-d good thrashing. Malcolm pulled off his jacket, and told him to do it if he could. Prisoner called Malcolm a by Scotchman. They then parted, the net having been taken up. This was at halfpast twelve in the day. Malcolm and witness then went to Mrs. Baker's cottage, where they stayed about an hour and a half, after which they set off for Borleyhouse. They went by the same way they came. Malcolm walked first, having a long pole on his right shoulder, and a basket on his left arm; he had gone about 100 yards from Mrs. Baker's cottage, when captain Moir came up on horseback, from the direction of his farm. The latter said, "I thought I told you not to walk across my field;" to which Malcolm said, "I will go." Moir directly fired a pistol; he was about seven yards off when he fired; upon this, Malcolm said, "You have broke my arm, you have broke my arm." Moir said, "I will send a doctor for you;" and said to witness, "If you do not go off my premises, I will serve you the same;" on which I went back, assisting Malcolm, to the cottage of Mrs. Baker. Moir rode away. Witness and Mrs. Baker got some flour, and other things, and did their best to stop the blood. In about three quarters of an hour Mr. Dodd came, after which witness went to the boat, and afterwards went back to the cottage. In the evening Mal

colm was taken to Stanford-leHope, in captain Moir's cart.

Cross-examined.-There was no aggravating language; had never said there was. Before parting, Moir told Malcolm he should go round by the sea wall, which is longer than by the marsh, Was about ten yards off Malcolm, when the pistol was fired. Never said he was forty. When master went across the marshes back, he never said that he did not care a d-n for the captain. Witness had never said he did. Was sure master never said he took the pole to defend himself. Never said so to Mr. Liddle.

Re-examined.-When Mr. Moir rode round, Malcolm never moved the pole.

William Raven.-On the 17th of March last was in the employment of the prisoner, who occupied Shelhaven farm. In the middle of that day, witness went with him to Shelhaven-creek, which is about six rods from the house. When they got there, they saw a man and lad placing nets across the creek.

Prisoner bade them take them up. Deceased said, he would fish in spite of us. He was told again to take up the nets, and deceased replied,_he would be d-d, if he would. Prisoner said, he would cut it, and he (Malcolm) (said, "d--n your eyes, I will take it up," and did

so.

The captain asked for his name, which Malcolm would not give. Mr. Moir said, he should know his face again. The deceased answered, "and so shall I your's." Malcolm added, "I shall think of you another day." Moir replied, "Give me no more of your sauce, or I shall help you off." Witness and his master were then going away, when Malcolm