meet him. JAMES said to MILLIN, [where, in half an hour, he died of.. 66 Have you shot?" Millin said, a gun-shot wound in the thigh, "Yes," James said, "We heard which divided the femoral arterysomebody halloo; PITTAWAY The following is the statemen added, “I thought the cry was of Joseph Millin, of the appearmurder.” James said, "He heard ances of the spot on the following "a shout, and a halloo, and day, as given in the Morning "thought it was JAMES MILLIN by Chronicle. "I examined the "his voice." At a subsequent place, and discovered where the period, James said they were " person who fired at my brother standing by the milking-style" stood. We traced the footsteps (950 yards from the spot) when" of two persons near to the place they heard the report and the cry" where I found my brother. We of murder. JOSEPH MILLIN, un- traced them to the body and conscious, at this moment, that his from the body. The traces from brother was shot, retired into the " the body were towards the thicket to watch the men, whom north, forty or fifty yards, then he probably suspected to be a few yards back, and then to poachers. He saw them go to- "the west, through a cover, to wards the gap where the deceased" Hensgrove light, where there was afterwards found, which was" is an opening. We examined a gap in a wall, and hearing a the ground, and saw where the low groan, went to the covert," powder had burned the bushes, where he found his brother. In" and found one ball had entered half a minute the prisoners came the ground, and another had hit + up, and went to the assistance of" and rose again. The ball we the wounded man- neither of" found in the ground was seven them having a gun-but James," yards from the body." having a bill-hook, with which he cut fearn to make an easier couch for the deceased. At this time James Millin was sensible, and able to SEE and SPEAK. Joseph says, I asked my brother what First-It was assumed by Mr. "was the matter?" He said, TAUNTON, in his opening speech," "My thigh is broken I am shot." as beyond all dispute, that the I said, "Where is the gun?" He deceased was murdered, that is, said, "I don't know" I said, killed of malice aforethought Jem, are you shot by poachers?" But is this at all certain? The He said, "Yes, I be." My brother place in which he fell was a said "he was looking out to see copse, divided by a ruined wall "them, and he heard somebody, from the open forest where he " and then he was shot." PITTA was not found by his brother WAY was dispatched for a brake; unti! directed by the groans. There but, in the mean time, others was no evidence that malice was came up and conveyed the wound-borne towards him by any human ed man to South Lawn Lodge, being. He had only been a few

Morning Chronicle Report.

I will now state and examine, one by one, the circumstances relied on as casting suspicion on the prisoners.

days employed as assistant keeper, and, therefore, could scarcely

for

mere proof of these footsteps, that when the deceased was shot, two men were assisting in the deed!

make himself obnoxious even to the evidence, which I have exthe poachers; at all events, not tracted at length above, proves so obnoxious as many others who nothing of the kind; but it does had been employed to detect them prove that the steps of two persons years. At this time, he was were traced to and from the body; not armed with a gun, but was which amounts to nothing at all, merely strolling about the forest. because the two prisoners, Joseph Is it not then at least possible Millin, and several other persons that some poacher might hear a went to the spot to assist the man, rustling in the thicket, without after he received the injury, so fully seeing his person, and might that, on the following morning, the fire, believing the sound to pro- traces of footsteps would appear ceed from a deer? This suppo-in various directions. And yet sition derives additional proba- throughout the whole of the trialbility from the part of the body it was taken for granted, on the struck the thigh, which is about the height at which a person, intending to kill a deer, would aim, and certainly not the height at which one man would level a gun intending to kill another. This possibility was never sug-soners, or one of them, told Joseph gested to the Jury by the learned Millin they heard a cry of murJudge, who, on the contrary, told der, and thought it was his brothem, "It might be assumed as ther's voice, when they were stand"clear, that the deceased came ing at the milking-style, 950 yards "to his death by an act of mur- from the spot. On this Mr. TAUN"der." Had the prisoners shot TON observed, "whether this were the deceased, intending to kill a "possible, and whether the obser deer, their crime would not have "vation did not prove a guilty knowbeen murder, but manslaughter "ledge in the prisoners, the Jury only. "would decide.” * Now it was proved that it was possible by John Sims, one of the witnesses for the prosecution; who on his cross-examination said, "The

Third-The main fact relied on for the prosecution is, that the pri

Second-It was assumed, on the evidence respecting the appearances of the spot, that two persons were present assisting in 15th June was a calm summer the perpetration of the crime; and "evening; I have heard the scream hence it was argued, that probably "of a man a great deal further these two persons were the two on such an evening, than the disprisoners, who were seen near the "tance from Hensgrove to the spot. Mr. TAUNTON, according" place where the men say they to the report in the Times, with heard it." A loud scream would which my own recollection con- be the probable result of a guneurs, opened, that "the steps of shot wound, affecting a part where "two persons were clearly visible it did not occasion immediate "to the spot where the gun was death. And why, if the prisoners "fired, and thence through the "covert to the open road.'

But

Times Report.

+ Ibid.

were conscious of guilt, did they [ment of the prisoners. At all introduce the subject? If they events, there is no impossibility were not at the milking-style when in hearing" the squall" of a man they heard the scream, and in-shot at a distance of 950 yards on tended to place themselves at a a calm summer evening, of distindistance from the scene, they guishing his voice if it was previwould scarcely fix on a spot which ously well known; and had the they knew was out of hearing. At thing been obviously impossible, this moment, the body was not it is not very likely that men found; it lay among the bushes; framing a falsehood would needand can it be believed that the lessly introduce it into their story. murderers would have volunteered information to the brother of the Fourth-Witnesses were called deceased of the misfortune which to prove that the two prisoners were had befallen him? Their state-seen together that evening. Itapment to the very last was, that peared that they were looking at a they ran to the assistance of the field of potatoes belonging to Pittaman whom they heard scream, way, and that they afterwards walkand by this act of humanity drew ed together to the forest. Against on themselves the suspicion for how many of the neighbouring lawhich they died; and this statement bourers might the same evidence is supported by their whole con- have been given! If you have duct. They came to the neigh- proved that one man committed a bourhood of the spot; there they crime, and wished to show that looked for the cause of the alarm; another man conspired with him, being unable to discover it at first, it is something to prove the two they accosted Joseph Millin, and in company just before the act; told him what they had heard; but when no such foundation is when he left them, they still conti-laid, the proof is of no use, except nued looking about till the object to puzzle and confound a Jury. of their search was found; and then they hastened to assist him. Fifth-Evidence was given to James stated to Sims, * that show that Pittaway told a friend when he heard the scream he that he intended to go to bed early gave a halloo; and Joseph Millin on the night of the 15th of June; confirms this by stating" that he and that he was not only up åt heard something of a halloo, but nine, when the deceased was found, could not make out what it was.' but was at the Hit and Miss pubYoung, before he found the body, lic-house so late as twelve, talkheard a noise which he describes ing over the circumstances of the as a kind of squall," and after- transaction. It is hardly neces wards two cries of murder-neither sary to notice such a circumstance of which was heard by Joseph as one of the proofs of a murder, Millin. It is probable, therefore, except to show the spirit in which that the "halloo" and the" squall" the prosecution was conducted. came from different directions; If Pittaway, after making this dewhich again confirms the state- claration, had instantly concealed himself in the forest, while his neighbours supposed him in bed,

σε

Times Report.

some unfavourable surmise might the habit of taking away the guns arise; but he continued walking of the labourers whom they susopenly about; loitered in his own pected of poaching; and was it potatoe-field, and exhibited him- not natural for them to expect the self almost up to the moment when utmost severity after so fatal an the ery was heard. And surely it accident? Is it, therefore, at all was no evidence of guilt, that, after necessary to suppose that Pittahe had seen the wounded man, way was conscious of any crime and had assisted to remove him,more heinous than poaching, when he did not retire to his bed, but he endeavoured to withdraw his continued at the public-house, de- gun from the observation of the Aailing the affair of the evening. keepers? Such an event was quite enough to keep an honest man from his

"*

ex

Eighth-The last bead of evihome, and to induce him to re-dence produced to criminate the main telling all he had witnessed, prisoners, consist of a number of and listening to the conjectures of expressions chiefly, if not wholly, others, used by the prisoner James. Most of these were used previous to the Sixth-It was proved that Pitta-death of Millin, and were deway had a gun fit for the purposes scribed by Mr. TAUNTON as "deof poaching, to which he was no "clarations, which manifested doubt addicted. In his house was great ill-will, even if they did found a mould for casting bullets; "not amount to actual threats." and it was opened by Mr. TAUN- They are, however, mere vague TON, that the bullet, which was talking at worst; but what is very found in the coppice exactly fitted extraordinary, they are in no one this mould. This part of the case, instance directed against the dehowever, entirely failed on the ceased, but always against his production of the bullet, which was brother the keeper. It is of the ordinary size, and was so tremely difficult to conceive on much flattened, that it was impos- what principle they were admitted sible to tell whether it ever did fit in evidence; for they were only the mould. It was also stated that relevant to the issue on the suppoPittaway was accustomed to load sition that the prisoners shot one his gun with two balls; but so brother in mistake for the other. were half the poachers about the This supposition was taken up by forest. A hare-net was also found Mr. Justice PARK, who recalled in Pittaway's house, which might Joseph Millin towards the close of tend to prejudice the Jury, but, the trial, and himself asked, "If like the bullets and bullet-mould, his brother was about his size?" had nothing really to do with the to which the witness replied, "My to' momentous issue which they were brother was rather taller, and not Sworn to determine. so stout as I am." In his charge, the learned Judge recurred to this supposition, and told the Jury, "It was scarcely possible to gather

Seventh- After the death of Millin, the gun of Pittaway was sent from his house, as if to conceal it. But the keepers were in

* Times Report.

'

A

す

"any reason why the prisoners prove that James Millin was seen "should entertain malice against going towards the wood by the "the deceased; but if they went prisoners; so that part of the case out intending to kill Bayliss or was, that they saw and marked "Joseph Millin, and killed ano-him out, and followed him to the "ther by mistake, they would be slaughter, and another part that guilty of murder." No doubt they bore malice against some one they would; the position is per else, and shot him not knowing he fectly correct in point of law; but was there, but believing him to be the question is, whether it was so that other person! I think I am decidedly applicable in point of justified in pronouncing such a fact, that it was fitly presented to mistake to be impossible; and yet the Jury in a case of so awful a on the supposition of such a miskind; and whether the possibility take, if the evidence of previous thus suggested was sufficient to malice were not entirely rejected <let in evidence which was other by the Jury, were the prisoners wise clearly inadmissible, and convicted and hanged!l tot which the prisoners could not be prepared to contradict or explain. As to Bayliss, no expression of illwill was proved; he had laid an information, but he had left his place to avoid supporting it; and it was impossible that the prisoners could go out with the intention of killing him in the forest, when they knew he had left the neighbour hood. Then, was it possible for both of them to mistake Joseph Millin for his brother? They knew both well; at a quarter before nine on a summer evening, almost at the longest day, there was clear light to distinguish persons; and, according to the case for the prosecution, they went out delibe rately to kill, an individual for purposes of vengeance. Can it be believed that, thus designing, they mistook their victim! Besides, Jo- "On the Monday after the Inseph Millin, as one of the keepers," quest was held at the Lodge, wore a livery of green plush and James said, Revenge is sweet; scarlet, in which he appeared at and let the Lord repay it." the trial,, and which James, just There the counsel for the prosecutaken as a mere occasional keeper, tion leaves him, and leaves the would not wear. It is also re- Jury to conjecture the meaning and markable that two witnesses, Hen-application of expressions which ry Juster, and Charlotte James, may either have no reference to were called by the prosecutor to the death of Millin, or may ex

Some expressions of James, after the event, were also pressed into the prosecutor's service. To me they prove little more than the activity and zeal employed in searching for evidence of every fragment of a conversation which could seem to assist in casting suspicion on the prisoners. How likely the loose talk of such a man as James, taken in parcels, is to supply matter which when deliberately told to a Jury introduced in a solemn tone by Counsel

and made applicable to a particnlar charge, will make against him, it is needless to argue. Take the following specimen from the evidence of Joseph Greenaway, as reported in the Morning Chronicle.

66