standing or making himself un- " soners. His Lordship observed, derstood, may produce a verdict "that, in cases of circumstantial which shall cost a life. In poli- " evidence, no single circumstance tical cases, Juries, if not prepared "ought to weigh, but they were to forestal the Judge, are usually "to consider whether the number prepared to resist him; but a Jury " of circumstances proved, conof petty farmers, in a capital case "vinced them of the guilt of the of murder, have no such jealousy. " prisoners. The Jury would conOn them, wearied with a long "sider on the one hand, the cirtrial, the last word, addressed by "cumstance of the prisoners havthe highest person in court, must "ing no gun with them; and on necessarily make a deep im- "the other, the possibility of their pression. How earnestly then "hiding the gun after commission ought the public to attend to that " of any offence, or the conceallast word!

Mr. Justice PARK's charge is most fully reported in the New Times, and therefore I will copy it from that paper, especially as the report is accompanied by expressions of praise. I will quote in addition from The Times, that he began by saying, "On this "most important case he intended " to deliver no ultimate opinion "himself, but leave it entirely in "the hands of the Jury, with such " observations on each part of the "case as it seemed to him to re"quire;" and from the Chronicle,

"ment of it in the forest before any "shot was fired; but there was no " doubt that, both before and after "the murder, the prisoner James "had a bill-hook in his hand, and it " was also clear that the prisoners " had no gun under their coats at " any time when they were seen " by the witnesses. He would " also draw their attention to the "circumstances of the conversa"tion between the prisoners and "Joseph Millin, and though it "might be possible to hear a voice " as far as half a mile, yet it was difficult to suppose they could That it was not contested by the say whose voice it was at that "counsel for the prisoners, that a "distance, though they tell Joseph "most abominable murder had "Millin that they heard his bro"been perpetrated," that is, by "ther's voice. On the subject of some one. The following is the "guns, his Lordship did not think report of the New Times. "the finding the guns of much " importance, because it was clear " they were poachers of deer, and "therefore fire-arms must be con"sidered as articles necessary "for the carrying on of their "baneful traffic, and the bullet "being flattened, very little was "to be drawn from that. With "regard to the circumstance of " their having no malice against "the deceased, if they went out " to kill Bayliss or any other per"son, and killed the deceased by

"Mr. Justice PARK summed " up the evidence, and observed "that this was, like most other "cases of murder, a case of cir"cumstantial evidence; and he " would say that it was often more "satisfactory than the direct testimony of one or more witnesses, "who were sometimes mistaken. " His Lordship then read over the " evidence, and commented on the " different parts of it as it affected "the guilt or innocence of the pri

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" mistake, they would be guilty of" ways accompany guilt at and t.. " murder, the same as if a person "after its final completion. It " lays poison for one person and "was proved that Pittaway always " another takes it and dies, the " person laying it is guilty of " murder. The circumstance stat "ed of Pittaway declaring his in"tention of going to bed at an " early hour and being found up "some hours after, was a circum"stance he should like to have " cleared up, and though he said " he should go, and did go to bed, " he is found at a very late hour " as they were satisfied with the "at a public-house, after being "case. If they were as well con

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"loaded with two balls, James.
"with three.. From the whole.
" evidence it was clear that there
"was no express malice against
"the deceased; but if they thought
"the parties intended to murder
"one man and by mistake killed..
another, they would be equally
"guilty. They must either con->
"vict the prisoners or acquit them,

very near (as was admitted on "vinced of their guilt as if they "all hands) the dreadful occur-" saw them with their own eyes, "rence which they had now to "they would convict; but if they consider of, and having even "had any reasonable doubt, they assisted in carrying the unfortu- "would acquit the prisoners. His "nate deceased home. It was a " Lordiship concluded his extre "little extraordinary, that just "mely clear and able charge ata "after the murder, the two pri- "quarter before eight o'clock." "soners were getting their guns

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" out of their possession, and into... This report, though not accu" other people's houses. It was rate, and hardly professing to be.. " said that they were afraid their accurate as to words, gives, with.. guns would be seized by the the additions I have made from. "keepers; but that fear would the other papers, a very fair sum "have equally applied to every mary of the Judge's charge. I "other day. It was also proved need make very few observations.. that Pittaway was in the habit upon it, as I have anticipated of loading his gun with two balls. most of the remarks in my exa"He would now draw their at- mination of the grounds of charge. "tention to the declarations of the Mr. Justice PARK began, by " prisoners after the murder, saying, "He would deliver noml "These should be taken with cau-timate opinion, but would make "tion. The witness, James Prat- such observations on each part "ley, said it would be life for life; of the case as it seemed to him to " but he had no doubt whoever require." This declining to give " killed him would be sorry for it. an" ultimate opinion," seems to "This was a very well-founded imply the right of giving one; and.. " observation, for persons who may a Judge, the "counsel for " have committed great and enor- the prisoner," give, if he pleases, " mous crimes, almost always feel " an ultimate opinion" against extremely sorry for what they him? But why refuse to give an

" have done, not merely from the "fear of punishment, but from "the horrible feelings which al

"ultimate opinion' on the whole.. case, and yet determine to make.. observations upon every part of

it? Is not the whole composed of stronger than some cases of the parts? And may not the very ap- other kind; but the real question pearance of peculiar impartiality, was, what degree of satisfaction which no doubt a Judge believes did the circumstances in this case

himself to feel, give more weight than he himself would desire to the observations which he presents to the Jury?

give In entering on this awful inquiry, were the Jury likely to derive assistance from such a general eulogy on the nature of the The learned Judge, according proof they were to consider? The to the Chronicle, said, "That it remark was well meant, doubtwas not contested by the counsel less; but it was liable, at least, to for the prisoners that a most abo- be misconstrued into an expression minable murder had been perpe- of opinion on the strength of the trated;" and the only question case immediately in issue; for it was, whether it was committed by was so misconstrued by the rethe prisoners. "Not contested!" porter for the Morning Chronicle, how could it be contested? Mr. who has represented the Judge as CURWOOD was counsel for the saying "that about 30 witnesses prisoners, and, as far as I am able "had been, examined, who all to judge, did all of the very little "proved isolated circumstances... which could be done for them. "tending to one conclusion; and He could contest nothing except "he considered that circumstantial the truth of the facts sworn to by "evidence was more satisfactory the witnesses, and this only hy "than the positive testimony of a cross-examination of the witness- "single individual." The Judge es; and as none of these witnesses did not say this; but, towards the professed to see the shooting, he close of his charge, after repeating could not contest any opinion as his eulogy on circumstantial evito the nature of that act. I have dence in general terms, he did say already given some reasons why I that " if 30 witnesses had proved think it is not quite certain that " isolated circumstances tending there was any murder at all; " to one conclusion, their evidence: though it was taken for granted "would be more satisfactory than that there was throughout the trial. " the testimony of an individual."

Mr. Justice PARK then proceed- If a practised reporter misunder

ed to observe, that the case was one
of circumstantial evidence, and to
characterise circumstantial evi
dence as often more satisfactory
than the direct testimony of one'
or more witnesses. Supposing
this doctrine correct in the ab-
stract, I ask, what had it to do with
the case which the Judge was to
sum up? Cases of circumstantial
evidence, and also cases of direct the gun in the forest; and he did

stood the Judge, might not an il-
literate Jury also fall into the
same error? And how fatal might...
be that error!!

The Judge stated in favour of
the prisoners, the circumstance of
their having been without guns
when they went into the forest;..
but he opposed to this the possi
bility of their previously hiding

evidence, differ infinitely in their degree of cogency; there may be some cases of the first kind much

not point out the extreme impro-
bability of their having done so.
increased by the circumstance of

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account of the errors. of Judges; how cautious then ought a Judge to be what he says in a case where there can be no new trial, and where he feels bound, if a verdict

men for execution in two days after their trial!

:

:

Pittaway's gun, with which the omit something he would have murder was alleged to be done, said, which may cause him bitter remaining in his house up to regret for life. In civil cases, six o'clock on the fatal evening. new trials are often granted on He gave his opinion that the prisoners could scarcely distinguish the voice of James Millin at the distance of half a mile, which, at least, was not supported by the witnesses. He put the circum- of guilty shall be returned, to leave stance of Pittaway's being up very late at night, after saying he would go to bed early, as if it had not been the most natural thing in the The prisoners, William James world. In reply to the sugges- and Henry Pittaway, were men of tion that the prisoners sent away very decent appearance. James their guns that they might not be was a man of about forty-eight seized by the keepers, he said, years of age, of very intelligent "this fear would have applied as countenance; Pittaway was: a: well to any other day;" forgetting young man of twenty-five, good that the fact of an assistant keeper looking, but heavy, and apparently being shot in the forest, would stupid. Both of them paid very: make the keepers active and the earnest attention to the evidence, poachers cautious. He told the but did not betray any alarm. The Jury very distinctly and fairly, that verdict, which was given after there was nothing in the alleged only a consultation in the Jury-box correspondence of the bullet with of a quarter of an hour, took them the mould and the gun, or in the evidently by surprise. I extract fact that the prisoners had such what followed from the Morning instruments in their possession. Chronicle, which, with the excерAgain and again he stated the law tion of one mistake, is, I believe, as to one person being killed by substantially accurate. That mismistake for another; most cor- take consists in making the Judge rectly, doubtless; but whether it say, "the verdict is satisfactory was sufficiently applicable to the to me," instead of, "I am not discase, and, if not, what influence satisfied with the verdict," which such a repetition was likely to have, I leave to the consideration of the reader. Let it be distinctly understood that I inipute no im. proper motives to the Judge; I have no doubt that he spoke as he felt at the moment; but I venture to suggest that it may be safer for any Judge, in a case of such high moment, to abstain from making comments on the spur of the instant, lest he should say something he would have omitted, or

is correctly given in the New Times.

"The elder prisoner, James, " burst forth in an exclamation of "Good God! what! guilty? then "I am murdered-most wickedly " murdered by a heap of lies and " perjury. That witness Bayliss,

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I declare before God, has told "lies innumerable, and no one to "contradict him. I am murdered! "murdered! murdered! If we had "not been prosecuted by a great,

1

"Lord, we should have been ac-cent; say no more, James. James, "quitted."" I will; we must die innocently, Clerk of Arraigns. What have and I hope the Lord will make it you to say why sentence of death appear.] I hope you will, when should not be passed on you? you retire from hence, consider

James: I have to say I am inno- your situation, and repent of your cent, or may my soul go to ever- crime. [James-I cannot repent lasting punishment. God knows of what I am not guilty.] And 1 I am not guilty. I shall die, and hope you will direct your prayers so will this poor lad (pointing to to that Being from whom mercy his companion), as innocent as only can be granted; for no hu

lambs....

man power can save your lives. Pittaway: I am innocent my The sentence of the Court upon Lord, we did not fire at the de- you is, that you, for this dreadful murder, be executed on Monday

ceased.

Mr. Justice PARK proceeded morning, and your bodies he afterto pass sentence of death on the wards given to the surgeons to be prisoners, but was interrupted anatomized, every sentence he uttered by the prisoner James, who used violent I will make no comments on action, and called on the Deity to witness that he was a murdered

man..

this scene. Of the subsequent demeanour of the prisoners I know nothing except from the Oxford Herald, the statements in which have been already alluded to in the Register. That paper gives the name of the clergyman who attended the men; and it has not,

Judge PARK: Prisoners at the har, you have been found guilty, [James-I am not guilty, so help me God!] and, after a full, fair, and impartial trial [James It was not impartial.] by a Jury, as far as I know, been contra[James-A pretty Jury indeed!] dicted in any manner by him. If you have been found guilty [We the account be correct, the men are both innocent; we had no gun, persisted to the last in the asserI had no gun that day] of a most tion of their innocence, though sehorrid murder; [James-Murder! parated from each other, and We did not do Inot do the murder, iny Lord; urged in every possible manner I declare again, my Lord, we did to make a confession. It is intinot!] and it is my painful duty to mated, indeed, that James, as he pass the sentence of the law upon was leaving the dock, said, that if you, [It is murder, my Lord] and he had known it would come to I must inform you the verdict is this, both should not have suffered, 1 satisfactory to me. [James-I dare but Pittaway should have informed say it is, my Lord, and we must against him; but this he subse behung innocently I feel deeply quently explained to mean that for your situation, and forgive your he would rather Pittaway should expressión against me; it is the have sworn against him falsely effusion of a man whose mind is than have shared his fate; an agitated by his dreadful situation. explanation supported by his ex[James We are murdered! mur-pressions of pity often repeated dered! Pittaway-We are inno- for the youth of his companion.

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