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point as a place of public execution, After the examination of the wil on Wednesday the 14th of April. nesses, the counsel for the proseca
tor and for the panel addressed the jury; and the Lord Justice-Clerk
having summed up the evidence, the MURDER.
jury retired and deliberated for an
hour and three quarters, when they High Court of Justiciary, Monday, returned a written verdict, finding, by June 14.
a plurality of voices, the pannel Guil.
ty of the crime libelled, but unani.
HOUSEBREAKING AND TAEFT.
Upon the examination of Daniel ken the window-shutter. It was provHamilton, Esq. Sheriff-substitute of ed by a number of witnesses, that the Lanarkshire, it turned out that the pannel Woodness, accompanied by irst declaration of the pannel, Wood- one of the name of Gardner, 'came ness, had not actually been taken in in a gig to the door of a person of the presence of the Magistrate, but the name of Sinclair, who keeps a was afterwards read over in his pre- public-house in Glasgow, about eight sence. Mr Cullen, counsel for the o'clock on the morning of Monday pannels, took an objection to this the 29th of March ; and having tadeclaration being read; and it was ken a number of bundles from the stated by the Lord Advocate, that gig, containing a quantity of haberhe certainly admitted the irregulari- dashery goods, threw them down on ty, and would not insist on the de- the floor; desiring that they might claration being read as evidence. be kept there till they (Woodness
The Lord Justice-Clerk repri. and Gardner) returned ; but the manded Mr Hamilton for the irre- mistress having become suspicious gularity which had taken place, and that all was not right, not only sent while he pointed out to him the ne- for her husband and called in some cessity of a Magistrate being pre- of her neighbours, but sent for the sent during the whole examination police-officers, who carried the of a prisoner, and not deputing so whole to the police office. All the important a duty to others, he hoped witnesses who saw the arrival of that such a circumstance would not the gig at Sinclair's door, swore to again call for the animadversion of the pannel Woodness being one of the Court.
the persons who was in it. His The Public Prosecutor then pro- person was also identified in the ceeded to call a great number of wit- gig on the road, and Mr Edgar nesses, no less than fifty having been swore positively to the goods left at inclosed.
Sinclair's as having been part of It appeared in evidence, that Mr those stolen from his shop. Although Edgar's shop had been broken into there was no proof of the pannel on the night betwixt the 28th and Smith arriving in the gig at Glas29th of March in the manner stated gow, when the goods were left at Sinin the indictment, and that on the clair's, yet several witnesses swore morning of Monday the 29th, about to having seen him on the road at five o'clock, the town-drummer, in go. Cumbernauld, and other places, that ing his rounds, had found a parcelly- morning in the gig with the other ing in the street of Linlithgow. Up- pannels, together with several bunon going towards Mr Edgar's shop dles. Both prisoners were proven he found the window-shutter broken, to be habit and repute thieves. With
and upon alarming Mr Edgar, the regard to Woodness, in particular, · shelves, &c. of the shop were found several witnesses swore, that, for a
to have been rifled of goods to the considerable time past, he had folamount of betwixt three and four lowed no occupation, nor had gainhundred pounds in value. Many ar- ed his livelihood by any other means ticles were found upon the streets of than plundering the public. Linlithgow which had been dropped The Lord Advocate having shortby the thieves, and a wright's chisel ly addressed the Jury for the Crown, was found on the outside of the shop, Mr Cullen for the pannels, and the with which it is supposed they had bro- Lord Justice-Clerk' having summed up the evidence, they did, without son in, saying he would not rise, but leaving the
box, return a unanimous desired him to go away, and he would verdict of Guilty against Woodness, get a gill in a house farther on the of housebreaking and theft, aggra- road. Shortly after this, the shutter vated by being habit and repute a of the window was broke with me thief, and finding the libel as to blow into two pieces, on which lila Smith Not Proven.
sister, Mary Duncan, opened the After a very impressive and inte- door, when the man struck her be resting address from the Lord Justice- blow before the door was fully open bu Clerk, Ralph Woodness was, on the ed, which cut her head severels. following day, sentenced to be exe. There are two doors, an outer mi cuted at Linlithgow, on Friday the inner ; the threshold of the inner 27th of August ensuing.
door is so low, that a person must stoop on entering. The man then presented a pistol at the witness, and
ordered him to deliver his money, HAMESUCKEN AND ROBBERY. or he would blow his brains out. On
this the witness went to a chest where High Court of Justiciary, Wednes. the money was, from which he took day, July 21.
out bank notes to the value of L.10,
one of which was a five pound note This day came on before the Court of Sir Wm. Forbes and Company; the trial of James Whiteford, accu- one of the notes fell, but witness sed of hamesucken, and also of vio- lifted it up and gave it to the man, lently assaulting, beating, wounding, who then asked for silver, and the and bruising the lieges, and likewise witness gave him what was in the of robbery by breaking into the toll- brass box, to the amount of about house at Hopetoun-wood, Linlith- twenty shillings. Being shown i gowshire; and violently assaulting brass box, he said it was his property, Mary Duncan, sister of Henry Dun- and that it contained the silver. The can, toll-keeper, and striking her a man had a whistle, and said more severe blow on the head with a blud- people would be there soon, and geon, to the great effusion of her whistled. Witness gave him a handblood; and also presenting a pistol at ful of penny pieces, and also a bottle the said Henry Duncan, and com- of whisky, and a quartern loaf, both pelling him to open a chest in which of which he demanded. The panhe kept money, taking therefrom nel is the man who committed the nine pounds in bank `notes, two robbery, and he gave him the money pounds in silver, a bottle of whisky, to save his life. and a quartern loaf, on the evening Mary Duncan, sister of the preof the 26th or early in the morning ceding witness, said she opened the of the 27th of March.
door, when the pannel'instantly The pannel pleaded Not Guilty. knocked her down by a violent blow
Henry Duncan, tacksman of the on the left side of the head. He toll at "Hopetoun-wood, said, that, had a pistol in his hand, and a stick on the morning of the 27th of March, under his arm.
She called Mo somebody came to his door before Baird, surgeon, who dressed her three o'clock, and asked for a bottle head, and she was eight days conof porter, and then for a gill of whis- fined to her bed, and is still not ky. Witness refused to let the per- quite well. Witness had seen the
annel passing on the road, but was ot acquainted with him. She conIrmed her brother's evidence in every particular.
TRIAL OF Pei, A CAPTURED NEJames Fordyce, formerly smith at
GRO, FOR MURDER. Long Hermiston, said, that on Saurday morning, the 27th of March, Sierra Leone. (From the Royal Gaje saw the pannel at Kier-hill toll
zette of July 24.) par, who said he was a master shoemaker from Lanark, and was travel- Pei, a captured and liberated neling to Edinburgh, and that he had gro, was indicted for the murder of a bottle of whisky, and a pistol in his Zongobia, another captured negro, breeches pocket, but does not know at Charlotte-town, in this colony, on if it was loaded.
the 5th of January last, by severing William Kennedy, sheriff-officer, his head from his body with a sharp Linlithgowshire, said that he was em- instrument made of a piece of ironployed to search for a brass box, hoop. which he found in a field about a Previously to the commencement hundred yards from Hopetoun-wood of this trial, much difficulty was extoll-bar. Being shown a brass box, perienced in procuring adequate he said it was the same he found in means of interpretation between the the field, and which was formerly Court and the prisoner: and at length, sworn to by Henry Duncan and his when a person was found capable of sister.
conversing with the prisoner in his own The declaration of the pannel was language, a second interpreter was then read, which closed the evidence required to render the bad English for the Crown. In his declaration of this first interpreter intelligible; the pannel admitted having commit- but, at the best, the interpretation ted the robbery, and that, although altogether was very insufficient and he had a pistol in his hand, it had no unsatisfactory. priping in it.
The first object of the interpretaThe Lord Advocate on the part tion was, to inform the prisoner of of the Crown, and Mr Cullen as his arraignment and to instruct him counsel for the prisoner, mutually how to plead; which being accomdeclined addressing the jury, as the plished, an endeavour was made to proof was so clear and conclusive : apprise him of his right to challenge and the Lord Justice-Clerk having the jurors, and of the proper mode summed up the evidence, the Jury, of exercising that right; but upon without retiring from the box, una- the first option of challenge being nimously found the pannel Guilty of put to him, in swearing the foreman the crimes of hamesucken and robe of the jury, an answer was returned, bery libelled.
which threw the whole Court into an Before pronouncing the awful sen- involuntary burst of laughter, at the tence of the law, the Lord Justice. same time that it produced a strong Clerk addressed the pannel in a and universal sensation of horror. most earnest and impressive manner, When the prisoner was told to look and warned him to prepare for death, upon that man, and say if he liked to as he could not entertain the smallest be tried by him, the answer as interhope of mercy.
preted, given in a tone of astonish
ment by the English interpreter, was, while Mr Kearney, the nearest ma
John Ouseley Kearney, Esq., : The particulars of this horrid trans. Magistrate, was resident at Bathurst action, as detailed in evidence, were town. In the month of January last, as follow :
he was sent for by Mr Ashford, to Hyena, an inferior overseer of inquire into the particulars of the captured Negroes at Charlotte-town, horrid transaction now before the employed to superintend the decea- Court. The bag, containing the sed and his countrymen, because he mutilated remains already described, could speak their language, having was shown to him. Quia Pei, upon missed the deceased (Zongobia) at whom it was found, confessed the ration time, reported his absence to act, and alleged that the prisoner his superior, Mr Ashford, who or. Pei first suggested it to him, saying, dered him to cause search to be made the deceased was fat, and good to in the bush. Shortly after leaving eat. Both together seized the opporMr Ashford, he saw a man coming tunity of surprising the deceased as out of the bush with a canvas bag, he was stooping down in the brook which he attempted to shift away, searching for crabs. The prisoner as if to put it out of sight. He im. caught the arms of the deceased be. mediately questioned the man, whom hind his back, and held him while he found to be one Quia Pei, of Zon- Quia Pei threw him over : he strug. gobia's nation, and insisted on see. gled hard. They were obliged first to ing the bag and its contents. The cut off his hand, and afterwards they man reluctantly opened the bag, cut off his head: they then proceeded which he said contained some meat to the horrid process of cooking and On inspection, he discovered several eating the flesh, and in this abominapieces of human flesh. The man ble repast it was understood that o. was immediately secured, and Mrthers also assisted. This statement Ashford was sent for ; Quia Pei died was given freely and voluntarily by in prison while awaiting his trial. Quia Pei, the man who had since
William Ashford, principal native died in prison : the prisoner Pei alsuperintendant at Charlotte-town, so confessed, but slowly and reluc. stated, that on being informed by tantly, and not till the other repeatthe last witness that Zongobia was edly accused him, and remonstratmissed, he had given orders to searched with him on the inutility of defor him. Shortly after he was in- nial. Mr Kearney caused them to formed of the detention of Quia Pei, conduct him to the place where the and came to the place where he saw dreadful deed was perpetrated, and the bag and its contents. There was to show where the further remains part of a human band, with the thumb, were to be found. He saw the place a piece of the shoulder, and lower where the fire had been made, and the part of the neck, and some of the in- bones that had been left, some of testines. Quia Pei, he understood, thein bearing the marks of such peravowed the killing of the man Zon- severing voracity, that a thigh-bone gobia, and implicated the prisoner had been broken for the purpose of Pei as his accomplice in the act. extracting the marrow. The head, Quia Pei and the prisoner Pei were with the tongue and upper part of kept in close custody for the night, the neck had been left entire and