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Law Intelligence  

SUPREME COURT— CRIMINAL SIDE

Friday — Before His Honor the Chief Justice and the following Civil Jury — Mr. J. Singleton, foreman Messrs. J.B. Suttor, Charles Sims, J. B. Smith, William Stubbs, Robert Stark, T. O'Shaughnessy,

John Smith, William Sutherland, Thomas Cobcroft William Seaton, and Thomas Seil.   John Jenkins was indicted for the wilful murder of Robert Wardell, L. L. D. at Petersham, on the   7th September last ; and Thomas Tattersdale was indicted for aiding, assisting and abetting him in the said murder. The Court opened at 10 o'Clock, and from the at- trocity of the deed, coupled with the eminent rank of the deceased, and the splendid talents he had dis- played during his professional career in the Colony, the Court House was crowded to excess long before   the trial commenced ; we noticed Majors Croker, and Bouverie, Captain Church, and a great many officers of the 17lh., 21st.,4th., and 50th. regiments— Mr. Laidley, Mr. Wentworth, Mr. Mack????, and other' highly respectable individuals. The jury being sworn and the indictment being read, the prisoners pleaded not guilty.   The Solicitor General addressed the Court and enquired if the prisoners had employed counsel. The Chief Justice put the question to the pri soners, when they answered in the negative. Mr. Kinsman here rose, and said that he was re- tained on the part of the prisoners by an attor- ney. The Solicitor General — May it please your Honor On so solemn an occasion as the present, I am sorry to be under the necessity of making any observation which can for a moment impede the proceedings in this case ; but I feel myself called upon in justice to the profession to which I have the honor to belong, and to myself, to object to Mr. Kinsman's appearing in the capacity of counsel for the prisoners, and I would indeed feel myself on unworthy member of that profession did I utter such sentiments without substantial grounds for so doing.   Mr. Kinsman— I throw myself entirely upon the   protection of the court.       Chief Justice— Mr. Solicitor, I am now sitting to try a criminal case, and apprehend I cannot enter into the nature of your objection. Has Mr. Kinsman enrolled himself as a barrister of this court, accord- ing to the regular forms. Mr. Kinsman—I have your honor.         Chief Justice — Let the trial proceed. Solicitor General— I will not your honor, offer any more observations just now, but will take this occa-   sion to state, that at the very earliest opportunity af- forded me next term, I will move that Mr. Kins- man be not allowed to practice as a barrister in the Supreme Court of New South Wales. Mr. Kinsman— No man admires more than I so do, the manly spirit which the Learned Solicitor Ge neral evinces on all public occasions, and when the proper time arrives I shall be prepared to answer any thing he has got to say.

The Solicitor General then addressed the jury. May it please your Honor and Gentlemen of the Jury.,- It hass seldom fallen to my lot to address a Jury on a more lamentable occasion than the present. Few circumstances have created a greater sensation in the public mind, than the death of the talented gentleman, whose murder we are met here this day to investigate. Under any circumstances the de- cease of such an individual in a limited society like ours, would have been unfeignedly deplored, and by many, been considered a public loss not easily to be replaced ; but when he had fallen by the hands of a ruthless assassin, and that in the most wanton and un- provoked manner, the excitement was encreased in a tenfold degree. By the splendour of talents which rarely fall to the lot of ordinary individuals, the lamented gentleman had in the course of his pro- fessional career, amassed a handsome fortune; and it was understood was about to visit his native country, and from his intimate knowledge of the Colony and its resources, would, no doubt have had it in his power to render essential service to New South Wales. Gentleman, on Sunday, the 7th September last, the unfortunate gentleman, in the prime of life, and robust in health, left his house on a grey horse, for the purpose of inspecting the various improvements on his extensive domain of Petersham. On arriving at a certain part of his estate, where it was rather marshy, he was attracted by the appear-   ance of a small hut, on going up to which, he saw a young man, and asked who he was, presently two other men came from the hut, he ordered them to proceed before him, thinking they were run-aways, on his asking the prisoner Jenkins who he was, it   would be proved, lie replied, "he was a man," and   he said the other two who were with him were also men. On the Doctors insisting on their going with him, Jenkins took up, a stone, on which the Doctor seized the bough of a tree and waved it over his head, as if calling for some body behind to come to his assistance. On Jenkins seeing the Doctor reso-   lute on getting them along with him it would be proved that he ordered Tattersdale to go and fetch him his gun, which he did, and when the Doctor saw this. he said "for Gods sake do not do that," Jenkins replied, "by God I will," and immediately   afterwards went within a yard of the horse, and shot the deceased.         A good deal had been said by certain parties about   insubordination, and it was currently reported that some of the deceased's own men had committed the deed; but the evidence will completely ser at rest any such imputations.             I am sorry to be under the necessity of bringing forward on accomplice to, prove the murder, but

have no doubt gentlemen, from the corroborative testimony of others—his evidence will be so far supported as to bring clearly home to the prisoners, the perpetration of one of the most cool blooded murders which ever stained the annals of any   country. Gentlemen. I shall not trespass further on your time, and will proceed to call witnesses ; but before sitting do n, I would again caution you against any impressions made upon your minds from what you may have heard out of doors or seen in the public prints; and to be guided solely by theevidence     as it comes to be presented before you. Mr John Neilson. Surgeon, Sydney.— I knew the     deceased by sight, I saw him dead about 8th Sep-   tember at his house at Petershum I opened the   Upon -taking off the clothes, I found a gun     shot wound on the left breast, which on being probed, proved to run up towards the throat, that was the mortal wound. The left subclavian artery was rup-     tured. By loss of blood, such a wound would cause death, I found the third of a bullet in the subcla- vian artery, this bullet caused death. From the   state of the body, I should think death must have ensued about 22 hours before.             Emanuel Brace.— I am-18 years; of age, I have   been 2 years in the country; I am assigned to Mr. Adam Wilson at Cook's River.                     His Honor here cautioned Bruce in an impressive   manner, that the exercise of His Majesty's clemency       to him, depended entirely on the truth of his evi- dence; the witness thus admonished proceeded.) I was about; 18 or 19 months in Mr. Wilson's   employment; I got a pass to go to Sydney on a Saturday in August last, and did not return, on Sunday I absconded, and went to Cook's River.   which I crossed by swimming; on Saturday I was on a rock, I saw a man coming towards me, I ran   away thinking he was a constable, he told me he was in the bush, when I told him I was also. On being asked by the Solicitor General if he saw the man in Court, he pointed, out Jenkins, (who cast upon him a look of the most fiendish contempt,) he gave me a musket, and I joined him, we remained a day or two about the place ; on Wednesday, Jenkins and I went to Reuben Hannum's place, near Mr. Sparks, we saw a man coming across the garden, Jenkins told   him to stay or he would blow his brains out, he gave Jenkins the key, which Jenkins gave to me and I     went into, the house, and I took away a fowling- piece, and some sugar and clothes; Jenkins ordered the old man to lay on the ground and stood over him with a musket cocked while I went into the house; Jenkins came into the house afterwards, bringing the old man with him'; he again ordered him to lay down, and tied his hands and feet; we then went among some rocks near Mr. Thorpes, and sat down   and had something to eat ; we threw away the musket and cutlass we had before, Jenkins saying it, was of no use; we then went into a swamp, made a raft,   and put our things on it and swam across the river; we then came upon Dr. Wardell's' ground ; I knew that Dr. W's. property extended, to the river; we afterwards came to a fence, made a fire and had our dinner ; the same evening, we came to within half a mile of Cooper's distillery and thence on the old race course ; we returned in the evening to where we had our dinner, and stopt there all night the next day we made a bark hut and stopt there for a fort- night, uniil we were disturbed by a man coming along the swamp with a gun and some dogs ; on Thursday we came into the town and met Tattersdale, near Cooper's; Jenkins wanted him to join us, which he seemed to wish to do, I persuaded him not, but he would come; on Thursday, we went to a place about half a mile where we stopped before, and on Friday we built another hut; we stopped there all that day and night, we slept some part of, the day ; Tattersdale told us we would get some money at a quarryman's house, near Mr. Cooper's ; he went   along with us for this purpose on Saturday evening ; when we come to the quarryman's, Jenkins sent me to light my pipe, Jenkins then came in, the man was getting up out of his bed when When Jenkins told him to lay, down or he would knock his brains out with the but end of his gun; Jenkins asked the old man for the key of his box, which I opened, and took out a velveteen frock coat, ditto trowsers, silk handkerchief, razors, two light waistcoats, and some Cotton handkerchiefs, and three lbs. powder— we took upwards of twenty shillings in silver from un-   der the man's head; we returned to our hut about 12 o'clock ; on Sunday morning, we planted near our hut under a dead gum tree about 20 yards from the hut; Tattersdale brought a towel with him, there was also a pair scizzars got from the quarryman ; on     Sunday morning we had our breakfast ; before   this, we had been shooting at a target on a tree; We fired several shots at the target ; after this we lay down, and slept in the hut. Some time after I heard   something riding up; I thought it was one, of the mounted police. When the party came up, I saw it was a gentleman on a white horse ; he asked me who   I was ; I made him no answer; he put the same   question to Jenkins, who answered, "I'm a man;"     the gentleman then asked who the other two were;   Jenkins said they were men also ; he then stooped, and picked up a stick, which he waved over his head as much as to call upon the rest to assist him; the       gentleman then called upon us to come along with   him, as we were only three poor runaways ; his horse came prancing about; Jenkins then took up a stone,   and told the gentleman to go away, but he would   not, and wished us to go along with. him ; Jenkins then told Tattersdale to go for the piece ; I told him it would be better for us to receive 50 lashes than do that for which we would lose our lives ; Tattersdale did not at first seem inclined to get the piece, but   afterwards got it ; Jenkins took a piece of rag off the lock, and went up to the horses neck ; when the   gentleman saw the musket, he said, "for God's sake     do not do that;" Jenkins said, ''By God I will;" he then advanced to within a yard of the gentleman,   when he fired, and the gentleman cried, "O dear, O dear, I'm killed ;" the horse then turned short, and ran off, the gentleman leaning his head upon the neck of the animal; we immediately packed up our things, and left the place; we forgot to take the   things from under the tree ; Jenkins had a black silk handkerchief on his neck ; we swam across the river with the things on our heads; on crossing Tattersdale was nearly drowned ; Jenkins went in and saved him ; we then went to Mr. Prouts, and stopped in a hut all Sunday night ; we left that on the following morning, went into the bush, made a fire, and had our breakfast; we then went near to Mr. Spark's   place ; on Monday night; after dark we came into Sydney, leaving Tattersdale at Smith's paddock, as     he did not wish to come to town ; we came to Flinn's public-house, the Lame Duck, where we stopped all night; on Tuesday morning Jenkins and I went to a public-house called the Sailor's Return, where we had our breakfast, which Jenkins paid for ; we went through several streets in town, and went back on Tuesday-evening to where we left Tattersdale ; we made a fire in Mr. Smith's paddock, and stopped there all night ; I did not know it was Dr. W. that was fired at until I read it in the paper at the Sailor's Return; on Wednesday morning we swam across Cook's River,' and then proceeded to the seven mile beach when we had got more than three miles on ; the beach, we met an old oyster man coming along, Jenkins asked him for some tobacco, when taking off his hat to give him some, Jenkins heard some money rattle; he took; 3s. and a shirt from the man, at the solicitation of Tattersdale and myself, he gave him back the shirt and one shilling; we afterwards went   to a fresh water creek, and came to a house; Tatters- dale and I went in, and asked a man if he would sell us some bread, and inquired the way to Port Aiken ; he asked if we were bushrangers, which we denied ; he then said he would not sell us any thing, but he gave us some bread and beef; we slept that, night under a rock; on Friday morning we came to some houses, where we saw some men preparing their dinners; when they had finished, and gone to their work, Jenkins said he would go and ask for some- thing- to eat ; Jenkins went to a man whom he iatr crossing a yard near a house, and asked him for   something to eat; he said, "O yes, certainly,- I'll   give you something to eat," when the man went into the house, Jenkins following him ; the man entered an inner room, and brought out a musket, which, when Jenkins saw; he struck him with his musket, the stock of which he broke, and a scuffle ensued ; I   afterwards went into the house, Jenkins look the man's musket, and ran away with it ; we brought the fowling piece with us, and had it when we were   taken ; Jenkins put the ramrod into the piece, and finding it was not much loaded, he put five balls more into it ; we came that afternoon to the neigh bourhood of the Punch Hotel, where Tattersdale went to get something to eat, we laid ourselves down in the bush until his return, and were shortly appre- hended by two of the mounted police ;before getting   into Sydney, I had determined on making the disco- yery; I didnot say any thing about it until I saw   the Chief Magistrate at his house about nine or ten o'clock on Friday night ; I told him then what I have told-here to-day. ' Cross-examined by Mr. Kinsman. — I always told the same story ; when I first saw Jenkins he had a duck frock on ; I thought he was a constable ; I had seen Tattersdale before ; I met him near Cooper's distillery, but I had never seen Jenkins until we

met on the Tuesday; I had been often employed cutting wood in the bush. Had not Dr. Wardell the character of being very strict to—— ?       Solicitor-General.— I object to this question being put.     Mr. Kinsman said, he only wanted to show that it   was not likely that men in the bush would build a hut on Dr. Wardell's ground. . When we had done firing at the target, Jenkins cut a bullet in four pieces, he afterwards loaded the gun again, and put the four pieces in the musket with two pipes of powder (Mr. Kinsman endeavoured to shake the testimony of this witness with respect, to what he said took place before and after the   fatal shot was fired; but without success, the boy seeming to give the whole of his evidence in a clear and distinct manner.)               Re-examined : by the Solicitor-General. — Am not certain of the exact hour the shot was fired at Dr. Wardell ; it is usual for people to come out to Cook's River on Sundays to shoot birds ; when Jenkins asked Tattersdale to fetch the fowling piece, it was about eight yards from, where Jenkins stood, and remembered the different davs much better at my first examination than I do now; when I read the news paper to Jenkins at the Sailor's Return, giving an account of the murder, he laughed it off, and did not express the least regret at what had been done ; the description given of the horse answered exactly to that the gentleman was mounted on when he was     shot.   By a Juryman.— I am quite certain I saw Jenkins put the four 'slugs into the piece, and two tobacco pipes, full of powder, also that I saw him cut the balls into four pieces.   John Chester. — -I was in the mounted police in   September last; on the 12th Sept. we left Sydney ; we put up our horses at the paddock at the Punch Bowl, we had not been long there, when the prisoner Tattersdale came in, I asked him who he was ; he said he was a bushranger; I told him he was my prisoner; I bounced him that there were some other   men with him, which he at first denied ; but after- wards he said there were two men in the bush in the neighbourhood; he told us they were well armed and determined to shoot the first man who came near ; I then wont into the bush, accompanied by Corporal Payton, when after beating about the bush for some time, we saw two men lying down, they were both armed ; we called upon them to surrender, and hold up their hands, which they did, and we took Jenkins and Brace into custody. The two pieces were pro- duced, and proved by this witness to be those he     found on the prisoners on coming into Sydney, and while at Colonel Wilson's, Tattersdale said in answer to a question by me that he knew about the murder, and that if he had a chance he would tell all about it. Brace was at this time undergoing an exami- nation by Colonel Wilson; I did not offer any re- ward to Tattersdale when this conversation took place.   Patrick Burns— I was an assigned servant to the late Dr. Wardell; I recollect the Sunday he was missing, when we returned from prayers about 3 o'clock, we cooked our dinners ; then the alarm was given that the Doctor was missing, the Mrs. was surprised he was not at home to dinner as he pro- mised, all the men were turned out in search of him, but without effect, on Monday morning we found the horse in the paddock ; I saw where the fire arms was, there was a gunya near it; the body was found about 11 o'clock, the fire was in the same paddock the body was found ; it was about half-a-mile from where the fire was, that the body was found ; I   found it, the deceased was lying on a tree on his back with the left leg downwards, and the righ leg stretched out, and his thumb in the fall of his trowsers, he had on a white jacket. I cooed, and Mr. Johnstone and Mr. Hearne came up ; I did not touch the body until Mr. Johnstone came up. David Johnstone Esq — I was one of the party searching for the body of Dr. Wardell, on Monday the 8th of September. I went with one of the   Doctor's men searching, for him, and separated in different directions; sometime afterwards I heard some one call, we soon met with the party calling,   when we learnt the overseer had found the Doctor's hat ; we then proceeded in the direction where the hut was, and near it found under a tree a velveteen frock coat and trowsers of the same stuff, and a spotted cotton handkerchief and cot on waistcoat. From the appearance of the gunva, I had no doubt three men had been lying there ; I saw a target on a tree and marks as if somebody had been shooting at it; after this I went to the Doctor's hut and called all his men out ; after searching about the Doctor's grounds and near to Cook's River, we could not find   the body. In a short time we heard someone cooee, and went in the direction and found two of the Doc- tor's men and the body ; I looked at the body and found there was a wound in the left breast. I traced the tracks of horses feet to where the deceased lay. The ground being soft, I saw marks of five steps or strides which I imagined the Doctor had made in getting to the position where he was found, and he must have fallen down from the loss of blood. A person at the place where the body was found could not be seen from the hut ; I put marks on the things I found; a velveteen frock coat, jacket, and other things were produced, which Mr. Johnston identified. Cross-examined- — I suppose the Doctor must have received the shot when he was on horseback ; I did   not see any blood where the tracks of the horses feet were. There was no blood on the neck of the horse, or on the saddle ; there were sevcral large spots of   blood on the loins ; there, was part of the tree over the body when found. There was a rent in the collar of the Doctor's coat, such as might have been done in a violent struggle, George Plumbridge— I was assigned to the late Dr. Wardell ; I was his groom ; the last time I saw the Doctor was on Sunday the 7th of September in the stable, and he went away on a grey horse. John Tacko — I was assigned to Reuben Hannum ; I was in charge of his house at Cook's River; I have seen Jenkins there ; about the beginning of Sep- tember I had been at work in a field and was return- ing; to the house, as I was passing over a style, Jenkins came up to me and bid me good morning, I did the same. He presented his musket to me and ordered me to lay down or he would blow my brains out, he then asked me for my key which I gave him, and he gave it to a man that was with him who went into the house (while Jenkins watched over me) and took away a pair of corduroy trowsers, and several- other articles of wearing apparel which were produced. I cannot say any of them belong to me ; (musket shown to witness) this is the mus- ket which was taken from the house at the same time, it is now broken in the stock, it was whole when it was taken away. After robbing the house, Jenkins ordered me into it, bound me hand and foot and left me.     Thomas Bettison — I am a quarry man, in September last, I lived in a rock on the Ultimo Estate ; I was robbed on a Saturday evening early in September — a man came into the rock and asked me for the light of a pipe. There was another man came in, they asked me for. the key of my peter, which I gave them, and they emptied it of every thing that was   worth taking. — (Clothes produced) This velveteen coat is mine; I ought to know it, for I was trans- ported in it seventeen years since; the trowsers are   mine, also the waistcoat; they also took 3 lbs. of powder which I used for blasting; there were also three razors stolen ; they also took eight half crowns,   and some other silver from under my head.     Thomas M'Caffrey. — I live at Salt Pan Creek ; in   September last the prisoner Jenkins came to my house one day about 2 o'Clock, the men had got their dinners and had gone out ; when the prisoner came, he presented his piece to me, and asked me for some victuals, I said 'come in my lad, and   you shall have some,' I then went into my bed-room and brought my musket, when Jenkins called in the approver, who struck me a blow with a waddie, which brought me to the floor and stunned me; when I came to my senses I saw the third man Tattershall, whom I knew, they all three maltreated me and rob-   bed me of my musket; (musket produced) — this is my musket; they then ran away in the direction of the late Judge Stephens's residence and the Punch Bowl.   James Smith— I was overseer to Dr. Wardell, when he was missing I went in search of him, I picked up his hat where . I saw tracks of horses   feet.       W. C. Wentworth, Esq. — I saw the body of the   late Dr. Wardell at his own house, when I first looked at the wound on the neck, I was inclined to think it was the cause of his death, but on a closer inspection I found it was only a slight abrasion of the skin caused by another slug which had indirectly grazed the shoulder. I afterwards had no doubt that the wound on the breast was the cause of death.     Cross-examined — I should think the abrasion could not have been caused by coming into contact with the branch of a tree.     The Solicitor General here closed the case for the prosecution. The prisoners did not make any statement, but   called some witnesses.  

William Smith, assigned to Captain Biddulph examined by Jenkins ; I do not recollect seeing the approver at any time in my life along you; did not see you on Monday ; I never was in your company ; Jenkins here exhibited great recklessness and levity, saying "never mind, never mind, he is   afraid to speak the truth, I can do it like a dog, -nd don't care a d — —n for any body."   Emanuel Brace recalled, and examined by Tat- tersdale ; I first saw you on a Thursday, I am a   protestant ; and know, the ninth commandment,   (witness repealed it.) I know the meaning of an   oath ; if I take a false one I will be prosecuted for it here, and punished hereafter; the fust -lime   I saw you was opposite your master'* house, you wanted to come along wall u», I |ier»iiailed you not, but you vvoul.l ,come ; JeiiUim ami 1 .went into the house with yon ami h.id tea; I cannot t.-ll »liy I did- not ^ive iufoinialioii nfier reading tlie ni-w^papci- ; tin- reason I told about, the iiiurder nt the it 1 it « 1 diil. was because If I liud not; yon would, (the prisoner cputinued tlie exaininatiotj esami nation,' but his question wore, not material.) l-.'dwaid Tiiniei-. — The prisoner Tnttersdale ha* been iny; assigned aervunt for 18 inoinhs, hi-- clia racter uuriii- that period has been generally good. ? , ,. . , ?' 1 ,.?.'-' ! . . ' . Cioss examiiieii. — The pi isoner. Tattersdale left my service on the Tliiiisday.jiieviou* to the innriler, of Dr. Wardell; I did not hear of him till he was taken., . «!????'?.-?.? -' ' - » ' Kinonnei ? Bruce. ?ib-ciHhiI and examined. byJ JrhU'iis; lean read -and wtiti'. cannot I ell w.liat dale my pass wa^, 1 don't recollect what d.iy'of the ni'uiili I full in with you, but. it was on a Tuesday ; l ,wlien I first inet you', there ;W».oHiPr men near ine, namndStoir and Daley .getlinn a loaci of wo.id ; I ilp' not know who ,gavc yoii the i'nelock, but sup. pose it to have been S'.orr, with Iwhuiii you were acquainted ; you li.ui not coon me liot'oie ; 1 ili.l , iiot-MLMr at Ilic J'olk-e -Ofliee, that you liatl the musket in your banil wlioii I first *aw you. (f'(-- pmtitiousi-Kferred lo, lint did not stale ihat lie. hail ' .the immUct until afterwards.). Jj-nkins, in a most. dete'nnHied''niaiinerj_ nien ttpneil tlie iuipriibability of 'ItracoV relui-iiing to the busli with him again alter -leaving him in. town ami was aware that £100 ami a: free iiaidqn were ofTeit-d for the discovery . ol\the iiiuidcrurs. The Chief .In -tice coniineucud siiinining up. by ntatiuir, that as the Solicitor Goneial 1m(I aliun'dy iiii|iressc(l upon the Jury die necessity of' not allow injr their niiuiU lo hv intliienced by any tiling they li-ul lieaul out of Court, but to weisjli tlieir ver lict by tin; cviilence addnneH, ne would not say miy tiling, more 011 that poitil ; but merely 'urge ii| on llu-m to leave out ot Ilic question any previous iVelin^s they might hive ciuci°tulueil on the sub ject, It was a ca-e of evidence, and restml upon that of nil ncci-ni;iliiic. The rule of law hn'nl lliat ihe eviilence of hii accomplice must be aduiitttjil in c.isps of necessity. ? Tlie Jury woulJ weigh well thf- niannei- in. vvlii^h the eviilenee of the appiovei liail been given, and in how far it had bern cono IjoiMted. It was not iinpcii usly neccMary that ?h» cvid--ncp. 'of , the accomplice should be borne but by corroborative testimony in every essential particular. llcloVe rcading'ttie evidence, hc- would mention to tlie Jury, that the appiovur, although pressed very l-ard iluiing his examiiiattou, had Ktvcn it in a proper manner, and was a competent and credible uttueRH; and from bis not appealing to Ii.ivr taken mi v active pai-'t in tlin act whicli - hail led to the death ol.l lie late laiiieiited.Dr. U'arilell, Iir could scarcelv be ever looked upon as nn accom plice. ;. His Hon'or then rec -iiitnlaleil.-,tlie whole of (lie evidence in n prosperous and elaborate manner, and left the case to -!»? Jurv, feeling perfectly confident that their verdict would be a ju-l and proper one. . ; : Tlie Jury then retired, but the dour, was hardly shut, when tliey came iuto Court, and leiiuned * .verdict of—Gu'iltu against It -th prisouvrs. 'The Solicitor Cieneial prayed the judgment of the Conn. Upon being asked what ilivybad to »ay why sentence ot\'deatli nhould not be |)a»-ecl upon liiflll, ami execution nwaitled nccoiding tit law. ? .Icukiiis' Ka'ui 'he hnd n (iqoil deal to *ny, and iluoviiiiu' Iiiui^vlf into a threatening and unbecnm* iuti aiiitnde, reinai-keil, 'ilmt lie liad not hnd ii-1'..ir lii.i!, a b — y old woman had' been pidmrd upon him fur Counsel ; he did not cars' a b— r for d-iug, or a (I — ii.lurauy one in Court; and that he would a* soon i-liool evciy.'b — y b — r iii;t'oui't, 'J'attersdale cotiriui'ti-d himself iii n manner liu coniiui' his awful siluaii 111. He -. trust t%H lie Juil^e would order Bruc-- lobe present at hU exec\itioii, an. I Ibat lie would nllow him a long day, us he wai «ii.\!ous to make his peace witli God. 'Hi.* Honor pi-oceeiled.lo |ta--« sentence of de.ith ; JeuUisis had xuiij lie ii.i'd iiot. liml a fair trial, ami the expressions' with vtliicli that deolaiatiou was accoinpiiuieJ were quite in keeping »itii thu tenor of the ti-diis.ii'tioii.s they had that. cl.ty .been invesli Rating. ( I-'iom the cNtremii inclifTuience uiaiiife-le'l by ibis lia.d.-iietl culpiit, it appeared bi» Honor tliongl'l it unnecessui-y. anil altogether, ns^e-.* lo' i'liprtisi upon hi-u lite ;nvmliipns of hi* situation). With respect lo Tattenlale's 'reiiuest. he had nn clemeilcy to show, the law was-inipei-iilive, nnd he liad only to perform bis duty, which was the sen tence which the law ordered ; that tliey be' taken to the gaol from whence they came, and thence to - the place of execution, on Monday morning, .'and to be bum; by the neck until they were dead,' and tlieir bodies delivered over t;- the Burgeons for dis ?cclton. Jenkin* then said, in puler to prevent innocent ? persons from being imnislied, lie would confess. to., several robberies he had done, and that lie had shot several bullocks. 'Ihe Chief Justice said, he had better apply to the clergyman of bis own religion any coininmiica lion of that kind lie bud to make. , Jenkins immediately commenced a violent attack «n Tattersdale. an. I struck him two tremendous 'blow* on the face, which knocked him down in the dock, ami bis conduct altogether was of such e' ' desperately audacious character, that we never expect lo see exhibited again ill nny Court of Jus lice ; in fact, it defers description. The Judge sat in mute a&toi.isiinif-nt — the Court was in a most extraordinary stale of uproar, hikI it took u dozen constables to secure ami bandciiff him.. He was eventuilly taken down the street, venting the 1110 t horrid bn|irecatiom- againtt Judge, Jury, and eve.ry^ thing in ike shipe of huntanity. - ...

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