mand of this kind; and that, upon the whole, he has passed as a very honest man. Gentlemen, when you come to consider that, character goes but a very little, and indeed no way at all, towards proving his innocence. the circumstances of the outlines are such, can any doubt about believing he is guilty or not? Then all those other circumstances will have no weight at all to counterpoise the weight of the former. Gentlemen, he is safe in your hands. I doubt not but that you will do your duty if you think him guilty, you will find him so; if not, you will acquit him. With regard to the duke, his grace has discharged his duty which he owed to the public, which he will at all times do, and is perfectly indifferent about the issue of it. In the first place, character can only be of As I said at first, if upon any circumstances service to a man, where his case hangs as it offered on the part of the prisoner, if the weight were in equal scales, and it is doubtful whether of evidence on the part of the prosecution is innocent or guilty; there it is that a good cha-sufficient to charge him, there is nothing in racter stands in some stead, and will balance the defence that will lessen it at all. the scale in his favour. But this is that sort of a case, that this particular character they have given of him will have no weight to repel those several suspicious circumstances that tally so exactly as to his guilt. Might it not happen, that a man betwixt twenty and thirty years of age, dependant in some measure on his father, might have a secret call for money, which he would wish his father, and those friends that are fond of lending him money, not to be acquainted with? We know very well, there are certain circumstances, some in this capital city of London, where a man might be very hard driven for the want of money, which he would chuse to hide from his friends. I know nothing of the prisoner's particular character; but it is enough for this purpose, that it possibly may be his case: if so, What then has the present character to do with it? If The Jury acquitted the prisoner. He was a second time indicted by the name of William Barnard, for feloniously sending another letter to the most noble Charles duke of Marlborough, signed F. demanding two or three hundred pounds; but no evidence appearing against him, he was acquitted. For other proceedings respecting this matter see the King v. Fielding, esq. 2 Burr. 719. 537. The Trial of JOHN STEVENSON, late of Bickerton, in the County of Chester, Cheesefactor, at Chester Assizes, upon Friday the 27th Day of April, before Mr. Justice Swinnerton, and Mr. Justice White, for the Murder of Mr. Francis Elcock, late of Nantwich, in the said County, Attorney at Law: 32 GEORGE II. A. D. 1759. ABOUT nine o'clock in the morning, the Court being sat, the prisoner was brought to the bar. Counsel for the Crown. Mr. Hall, Attorney-General for Cheshire, Mr. Falconer, Mr. Hayward. Counsel for the Prisoner. Mr. Townsend, Recorder of Chester, Mr. Perryn, Mr. Maddox. Prothonotary. Prisoner, hold up your hand. You stand indicted by the name of John Stevenson, late of Bickerton, in the county of Chester, yeoman, for that you, not having the fear of God before your eyes, but being moved and seduced by the instigation of the devil, on the 21st day of March, in the 32nd year of the reign of our sovereign lord George the second, now king of Great Britain, &c. with force and arms, at Bickerton aforesaid, in the county aforesaid, in and upon one Francis Elcock, in the peace of God, and our said lord the king then and there being, then and there feloniously, wilfully, and of your malice aforethought, did make an assault; and that you the said John Stevenson a certain gun of the value of ten shillings, then and bullet; which gun you the said John Steventhere charged with gunpowder and one leaden son in both your hands then and there had and held, to, against, and upon the said Francis Elcock, then and there feloniously, wilfully, and of your malice aforethought, did shoot and discharge; and that you the said John Stevenson, with the leaden bullet aforesaid, out of the gun aforesaid, then and there, by force of the gun-powder shot, discharged, and sent forth as aforesaid, the aforesaid Francis Elcock, in and upon the left side of the belly of him the said Francis Elcock, then and there, with the leaden bullet aforesaid, out of the gun aforesaid, by you the said John Stevenson, so as aforesaid shot, discharged, and sent forth, feloniously, wilfully, and of your malice aforethought, did strike, penetrate, and wound; giving to the said Francis Elcock, then and there, with the leaden bullet aforesaid, so as aforesaid shot, discharged, and sent forth out of the gun aforesaid, by you the said John Stevenson, in and upon the left side of the belly of him the said Francis Elcock, one mortal wound, of the depth of five inches, and of the breadth of one inch; of which said mortal wound the said Francis Elcock, on the aforesaid 21st day of March, in the year aforesaid, for the space of ten hours, at Bickerton aforesaid, in the county aforesaid, did languish, and languishing did live; on which said 21st day of March, in the year aforesaid, the said Francis Elcock, at Bickerton aforesaid, in the county aforesaid, of the mortal wound afore said died: and so the jurors aforesaid, upon their oath aforesaid, do say, that you the said John Stevenson, the said Francis Elcock, in manner and form aforesaid, feloniously, wilfully, and of your malice aforethought, did kill and murder, against the peace of our said lord the king, his crown and dignity. Prothonotary. How say you, John Stevenson, are you Guilty of the murder and felony whereof you stand indicted, or Not Guilty ?--Prisoner. Not Guilty. Prothonotary. Culprit, how will you be tried? -Prisoner. By God and my country. Prothonotary. God send you a good deliver ance. Prisoner. Amen: God send me a good deliverance. Then the Jurors were called and sworn. William Brown, of Stockport-Etchels, man. John Bennet of Marple. Samuel Jones, of Over-Bebbington. To it is now my duty, as counsel on behalf of the Gentlemen, at the time this murder was N. B. The Prisoner challenged Abraham Darlington, of Brindley, as he came to be but no cause was assigned for such sworn; challenge. Mr. Attorney-General challenged Edward Hamnett, of Newhall, as he came to be sworn; as Mr. Hamnett owned he was related to the Prisoner. Prothonotary then read the indictment. Mr. Attorney General, counsel for the crown, opened the case to the following effect: Gentlemen of the Jury; The prisoner, John Stevenson, stands indicted before you, for the murder of Mr. Fraucis Elcock, late of Nantwich in this county, an attorney at law; which crime he (the prisoner) perpetrated and committed upon the 21st day of March last: and sented a pistol at the breast of the officer, and swore, if he did not immediately leave the house, he would blow his brains out; and without waiting for an answer, actually snapped the pistol at him, which missed fire. But he could not rest here; his temper was too hot to put up with the affront of being lawfully arrested for a just debt: he snapped the pistol three times at the officer's breast, which providentially did not go off.-It was high time for the bailiff now to retire; the preservation of his life required it: he had no chance, unarmed and alone, to maintain his arrest against a loaded pistol, and there was no time for words to soothe a man of so desperate and outrageous a disposition into a peaceable compliance; and therefore the officer thought fit (and I think very prudently too) to leave his prisoner. But after his miraculous escape, he went to Mr. Elcock, who was in the neighbourhood, and told him that he had arrested the prisoner, who rescued himself by snapping a pistol at him three different times, and desired Mr. Elcock to get him assistance, for the re-taking the prisoner; whereupon Mr. Elcock, and the plaintiff in the action, with one or two other persons, returned with the officer to the prisoner's house, which they found locked; and Mr. Elcock going to one of the doors demanded entrance, and desired the prisoner to yield to But the prisoner's resentment could not relish a capitulation of this sort; he was determined still to oppose the authority of the law, and to refuse any obedience to it. Resolved upon the death of somebody or other, no matter whom, he took up a gun loaded with gunpowder and hall, and discharged it through the door against which Mr. Elcock stood, and unfortunately killed him. It seems unneces the arrest. sary for me, gentlemen, to niake any observations with respect to the intention of the prisoner to commit murder: us keeping of firearms loaded in his house; his snapping a loaded pistol three different times at the bailiff, in the execution of his duty, after he had ar rested the prisoner; and his discharging the gun, whereby the deceased was killed, too fatally evince, beyond the least shadow of doubt, that the prisoner did intend and design an unlawful killing and although the prisoner might not have seen Mr. Elcock, when he discharged the gun which killed him, yet his shooting at random was an unlawful shooting, for the purpose, and with an intent to kill somebody then at the door; and therefore that sbooting at random can be no justification or excuse to the prisoner.-We, who are counsel for the crown, shall now proceed to examine the witnesses in support of the indictment; and doubt not but we shall be able to make out the case, as I have stated it; and if so, you will then find the prisoner guilty, that he may receive the punishment ju tly inflicted by law upon those who shall be guilty of the horrid crime of murder. Counsel for the Crown. Do you know the prisoner at the bar?-James. Yes. Did you know the deceased Mr. Francis Elcock? Yes. Were you, at any time, employed to arrest the prisoner for debt; and what happened in consequence of it? Speak up, that the gentlemen of the jury may hear you.---Yes, I was employed to arrest the prisoner for a debt due to John Atkin. By whom were you so employed?---By Mr. Elcock, an attorney. You mean, I suppose, the deceased Mr. Elcock, him that was shot?—Yes. Go on.-Being so employed to arrest Mr. Stevenson, I went to his house, and knocked at the door. Somebody came to the window, and asked me, what I wanted? I told the person who came to the window, that I had a letter for the master of the house, which she took through the window; and I suppose it was delivered to Mr. Stevenson. Why do you suppose so?-Because, in a little time after, Mr. Stevenson opened the door. The prisoner opened the door, you say?Yes, and he asked me, whether I lived with the gentleman who sent the letter, or from whom the letter came? I told him I did; and Mr. Stevenson invited me in. Well; What happened afterwards ?—I went into the house with Mr. Stevenson, and we then went together towards the back door; and at the back door Mr. Stevenson stood still, to call his servant. Whereabouts at the back door did the prisouer stand still, to call his servant? Was it within-side of the door, or at the out-side of the door?-He stood still upon a step, at the back door, the out-side of the door; and I was, within-side of the door.-1 then took the warrant I had against Mr. Stevenson out of my pocket, and I laid my hand upon his shoulder,, aud said, Sir, I hope you will excuse me Was the prisoner then out of the door?--Yes. I said, Sir, I hope you will excuse me; for the letter I gave you was to decoy you. 1 am a bailiff; this is a warrant against you; and you are my prisoner in the king's name. What did the prisoner say then ?---He shrieked out, and said, I had used him ill. What did you do afterwards?-Mr. Stevenson and I returned into the house; and when we got into the kitchen, be called to Betty, who I believe was his house-keeper, and said, to her, We have done ill in letting this man into the house; for he has arrested me. He told her, you had arrested him, you say? SI Mr. Falconer, counsel for the crown, Gen--Yes. VOL. XIX. Well; What happened then ?--The prisoner went then towards the fire, and turned to the screen on the right hand, and stood at the further end of the screen. What did he do then ?---He turned all of a sudden upon me, with a pistol in his hand, and said, he would blow my brains out, if I did not get immediately out of the house. Did he present the pistol at you?---He did. What did you say then ?--I told him, that was not the way to do business. Mr. Stevenson then snapped the pistol at me, but it missed fire. Are you sure he snapped the pistol at you?-Yes, very sure. Well what did you then ?---I went back wards through the kitchen, and Mr. Stevenson followed me; and in a narrow passage leading from the kitchen towards the door, he snapped the pistol at me again; and he snapped the pistol at me a third time, but I was then out of the house. How many doors were there to the house? Three. Did you know all the three doors?--Yes, I knew them all. You bid Mr. Elcock go to one of the doors, I think, you say ?--I bid Mr. Elcock and the others to take care of two of the doors, and I would go to the other. How far was the door that you said you would go to, from the door you desired Mr. Elcock to take care of? It was a good way distant, in going round about. You said, you would go to the third door; did you know the way to it ?-Yes, very well. Did Mr. Elcock say any thing to the people in the house, when he came up to the door?I cannot tell whether he did or not, because I was not present, for I ran to the other side of the house. Pray, was the door you went to locked, or made fast?—It was fast. When you all came up to the doors, as you When you got out of the house, where did have been mentioning, pray, what followed? you go then?-I went to the next house, I-In a very little time, almost immediately after think Mr. Nevill's, where Mr. Elcock promised I came up to the door, I heard a noise; I heard to be. Mr. Elcock saw me, and met me, and a gun go off. asked me, if I had arrested Stevenson? I told Mr. Elcock, that I had arrested him, and that he had snapped a pistol at me three different times, which obliged me to come away. What did Mr. Elcock say to that?-Mr. Elcock said, I had done enough. How did you proceed afterwards?---I told Mr. Elcock, if I had a pistol, I could bring him away; and he said, I should not want that.-Then Mr. Elcock sent a man to the plaintiff John Atkin's, and to bring arms from his father's. Where did Atkin live?---At Cholmondley, not very far from Bickerton. Did the messenger return with arms?--Yes. What did you then?---After the arms and assistance were brought, we went again to Mr. Stevenson's house. Who went to the prisoner's house ?—I went, and the plaintiff John Atkin, and a servant of his, I think. Four or five persons, I believe, came with me. Was there another sheriff's officer with you? -Yes, a man tolerated by the sheriff, one John Jones. Did Mr. Elcock go to the prisoner's house with you? Yes. What happened when you all returned to the prisoner's house?---As we were all running towards the prisoner's house, I saw the prisoner and another man out of doors; I called to Mr. Stevenson, and said, You may as well stay, for we are coming for you. Did the prisoner hear you say this ?--I believe he did. Did the prisoner stay for you ?-No; he and the other man with him, ran into the house. Well; when you came up to the house, pray what followed ?---When we came up to the house, I said to Mr. Elcock, I know the way to that door; go you to the other, Which way did the noise come? Where did you apprehend the gun went off? In what situation were you from the noise, or report of it? The noise came as betwixt me and them; betwixt me and the people who came with me. How far distant might you be from the door where the gun was fired?-Nine or ten yards, it might be, from Mr. Elcock. When you heard the noise, and the gun go off, what did you do then? It must have alarmed you? When I heard them crying out on the other side, I went backwards to an hedge, and looking over it, I saw Mr. Elcock held by two men sitting on a block. You saw Mr. Elcock sitting on a block, supported by two men; how did he look ?-Very piteously indeed. Did you hear him say any thing?-Yes, I heard him say, Oh! I am shot, I am shot. Was Mr. Elcock at a great distance from the gun at the time he received the wound, or was he near it?—I cannot tell whether he was at a great or a small distance from it. What did you do, after you had seen Mr. Elcock sitting on the block?-1 returned again to my own door, to prevent the prisoner's getting out. Did you see Mr. Elcock afterwards?—In about ten minutes afterwards, I saw two men carrying him down the lane. Were you with Mr. Elcock at the house he was carried to ?—No. Did you see hitn afterwards?—No, I did not see him after the two men carried him down the lane. Have you the warrant whereby you arrested the prisoner?-I have. Pray produce it. Is this the very warrant, under the authority whereof you arrested the prisoner? It is. Pray, who delivered to you this warrant to| execute ?-Mr. Elcock himself. Were there any holes in the door that the ball came through which killed Mr. Elcock, besides the shot-hole?—Yes, there were two holes in 'the door, besides the shot-hole. Was there ever a slit in the door ?-That 1 do not know. Were the two holes in the door higher than the shot-hole, or lower, or how?-The two holes were higher than the hole which the ball had made. Could you see through the two holes? Were they large enough to see, and know a person through? Yes, I could see through them; I did look through, and saw into the kitchen plainly. I and several others did so. Pray, what business did Mr. Elcock go about, when he went with you to the prisoner's house? -To assist me in re-taking Mr. Stevenson. Do you know the sheriff's hand-writing ?-Yes, very well. Is the warrant whereby you arrested the prisoner, all of the sheriff's hand-writing?— All is of his hand-writing, except two names. Are you positive to the sheriff's handwriting? Yes, to Mr. Baxter's hand-writing, who acted as sheriff, and made out the warrant, and delivered it. Pray, what are the two names that were not written by Mr. Baxter ?-My own name, and the name of John Jones, another bailiff. Who wrote your name, and the name of John Jones in the warrant ?-Mr. Elcock. Are you sure of that?-Yes; for I saw him write them. Are you usually employed as a bailiff for the executing of the sheriff's warrants?-Yes, I get my bread by it; and am often sent for, fifteen or twenty miles round the country. Was your name inserted in the warrant, as the sheriff's own bailiff, or as a special bailiff? -I was a special bailiff, for that time, appointed by the sheriff. How do you know that?-I have been informed so: I think it is so expressed in the warrant. Had you executed any warrants from the sheriff of the county of Chester the year before?-Yes, many; twenty, or more. Had you executed any warrants from the present sheriff, under his authority?—Yes, 1 executed attachments under that authority, under Mr. Baxter. I had four or five warrants, upon process out of the Exchequer, at the time I arrested Mr. Stevenson, and have executed several warrants since Mr. Harrison became sheriff. How long had Mr. Harrison been sheriff, before you arrested the prisoner?—A week or a fortnight it might be. Court. Read the warrant, whereon the prisoner was arrested by the witness. (The warrant was then read, and it appeared, that the words," bailiffs for this time only," after the names of John James and John Jones, the special bailiffs, were written by Mr. Baxter. The warrant was dated the 1st of March, and there was an indorsement thereon, "Take good ail for eighteen pounds eight shillings and ten pence halfpenny, by affidavit filed." And underwritten," Elcock by Lowe, by the said sheriff.") Did John Evans, the sheriff's bailiff named in the warrant, go with you, when you attempted to re-take 'the prisoner?-No; he did not. When did the plaintiff John Atkin come to you? Was he with you before, or at the time you attempted to re-take the prisoner?-John Atkin came when assistance was sent for, but not before. He came with us, when we went to re-take Mr. Stevenson. [Cross-examined.] Counsel for the Prisoner. I think you say, you took the warrant out of your pocket, and put your hand upon the prisoner's shoulder, and arrested him?-James. I did. Pray, where did you first see that warrant, whereon you arrested the prisoner ?—I saw it first at Nantwich. Who shewed it you?-The deceased Mr. Elcock. When you first saw the warrant, was your name in it ?-No. Was the warrant, when you first saw it, under the seal of the sheriff?-I believe it was. Was the name of John Jones (the other special bailiff) in the warrant when you first saw it?-I believe it was not. Was the name of John Evans, the sheriff's officer, in the warrant then?-Yes, it was. Who wrote Evans's name in the warrant ?The sheriff put it in. Of whose hand-writing is the warrant ?—It is all of Mr. Baxter's writing, except my name, and the name of John Jones. Are you sure of that?—Yes. Who is Mr. Baxter?-Mr. Baxter acts for the under-sheriff. Of whose hand-writing are the names, John James and John Jones, now appearing in the warrant ?-My name and John Jones's were written in the warrant by Mr. Elcock. Are you sure that the names John James and John Jones were written in the warrant by Mr. Elcock ?—I am very sure of it; for 1 saw him write them. Were they written by Mr. Elcock, after you first saw the warrant at Nantwich ?Yes. Is the warrant in the same situation, in every part of it, as it was when you first saw it at Nantwich ?-It is, except the addition of the names made since. Where does Mr. Baxter live?—In this city (Chester). Do you know Mr. Hollins ?-Yes. Who is he?-The under-sheriff. Do the sheriffs always keep their office in the city?-They keep their office in the city, where they please to appoint; I believe so. And is that the place where the sheriff's |