Dorchester Assizes - 1830
© Compiled by Michael Russell OPC for Fordington July 2015 (Last updated May 2021)
FORDINGTON BARRACKS
"The Annual Register, or a view of the History of Politics & Literature of the year 1829" William KENNEDY aged 19, a private in the 5th Dragoon Guards, was indicted for shooting at the Revd. H WILLOUGHBY, on the night of the 29th of November last, with intent to murder him; and in other accounts he was charged with shooting, with intent to disable the prosecutor, or to do him some grievous bodily harm. The Revd. Henry Phillip WILLOUGHBY(1), a young man about twenty five years of age, examined:- "I reside at Dorchester, and was at Weymouth on the 28th of November last. I returned about half past eight at night; on horseback: it was a grey horse. When I arrived at Rideway-hill, about five miles and a half from Weymouth,I perceived a man walking on the left hand side of the road. When I came up to him, he stepped forward, and without uttering a word, shot me. My body was inclined towards him at the time, and I could see from the flash of the powder that he wore the dress of a soldier; he had on a red jacket with a dark collar. The light was so momentary I could not discover that the instrument he held in his hand had a great deal of brass on it. I felt myself wounded, and upon the shot being fired, the horse became very much terrified and plunged and set off at full speed for Dorchester and I must have arrived there in a quarter of an hour. It was then about a quarter before ten. I was examined before Mr WOLLASTON and was in a very weak state at the time. The Magnet coach passed me a little outside Weymouth. I can't swear whether the instrument was carbine or a pistol: the night was dark, and I was very much exhausted. Mary PURCHASE: "I was in the company with the prisoner on the night of the 28th November, about eight o'clock, or a little after. I heard the barrack trumpet sound at seven. I asked him if he was going to the stables. He said he was not going until four in the morning, as he had a pass until that Hour" Mr DEVENISH: "I live at Weymouth, and I was traveling by the Magnet Coach on the night of the 28th November; I was on the box; the coach had lamps. When we got to Monkton-hill, about two miles and a half from Dorchester about nine o'clock, I observed a person in the dress of a soldier at the bottom of the hill. A part of that regiment is stationed at Weymouth and I had remarked the uniform before. What struck me particularly in the person I observed was the yellow stripe down the side of his trousers. The coach arrived at Weymouth a little before ten. The lamps of the Magnet gave me an opportunity of seeing the dress of the person on the road. I passed a person on horseback near the turnpike at Weymouth. It was a grey horse he rode". Michael TYNING: I am sergeant-major of the fifth dragoons and belong to the detachment at Weymouth. I remember the roll being called over about half past eleven on the night of the 28th November. I was called up for that purpose. There was one man missing, named William ROOTH. I searched for him and found him at Weymouth. He had not leave to go out that night. The barrack wall is very low, and the men can get over. I found the man at a house of ill fame with a girl. Lieutenant and Adjutant John GRIFFIN of the fifth dragoon guards: The prisoner is a soldier in that regiment, and is in captain Hunter's troop. I remember his showing me a pass about six o'clock in the evening on the 28th November. On the night of that day an application was made to me by the last witness, about twenty minutes after ten. he told me the Revd. Mr WILLOUGHBY had been shot by a soldier and in consequence of that I had a roll called. All the men were there but the prisoner. I went round to all the rooms. My attention was afterwards directed to the armoury, and on searching there I missed the prisoner's pistol. According to Regimental practice ten rounds of ball cartridge are allowed each man; but five rounds of the prisoners ammunition were missing, and the powder of the other five rounds. Directions were given to place men inside the barrack wall which divides the barrack from Mr HENNING's straw yard to prevent any one coming by that way. The prisoner acme in through the gate at half past eleven at night. He was perfectly sober. By a regimental order, no man can pass the gate to go into town without wearing his sword. The prisoner could not have gone without it. When he came back, he had it on. Every man ought to be in barracks at nine o'clock unless he has a pass. I searched the prisoner but found nothing on him. He was asked by me, where his pistol was. He seemed astonished and said he knew nothing at all about it; but he thought it was on the arm rack in his room. The arms are inspected once a week for the purpose of bei8ng kept in order; and it is expected that the men should keep their arms clean. The men are allowed to leave the stables at eight, and must return at nine o'clock. The arms of each man are not locked up but placed on numbered pegs to which every man may have access. The prisoner gave me a pass when he came and did not appear agitated. Sergeant John CAHUSAC inspected the arms on the morning of the 28th November and saw the prisoner's pistol on the rack in the armoury ." Richard AMY [AMEY]: I was a watchman in Dorchester on the night of the 28th November last. About half past ten that night I saw the prisoner passing through the market place under the arch. I had heard of a gentleman being shot that night. I said to the prisoner (taking hold of him) "you are doing wrong soldier by being out of barracks at such a time" and that it was after hours, and the roll was going to be called. I added that a most serious accident had happened and that I had heard that a person had been shot. I had no lantern at the time when I spoke to the prisoner. He produced a pass. I also observed that he had something in his hand. It looked like a pair of trousers rolled up. He had not his sword at the time. I saw the prisoner on the following morning at the barracks and pointed him out from a number of soldiers. There was another watchman with me, and he was about sixty yards off when I took the prisoner by the arm. Mr Thomas COOMBS: I am clerk to the magistrates of Dorchester. I was present at the examination of the prisoner before the magistrates, who cautioned the prisoner that what he had to say might be used as evidence against him, and that he was not bound to say any thing unless he thought fit. A passage of the deposition was then read in which the prisoner said when questioned by the magistrates : " I know no more of the man than any other soldier in the regiment; I did not see the watchman and if he saw any other person it was a curious thing he did not take him. Mr H. JACOBS: I live in Dorchester; on the 1st of December I made a search for a pistol near the barrack wall and I found the pistol now produced in a large straw rick in a yard adjoining which belonged to Mr HENNING. To gain access to this yard a person must go through the gates but there could be no difficulty in going in. The pistol was concealed so near to the barrack wall that a person might have got over easily and taken it. On examining the pistol and putting in a piece of tow, it came out very black and when the lock of the pistol was put back a little a few grains of powder fell from it. The touch hole was foul; the other parts exhibited nothing particular. Mr W.D.TRAPP, (3) a surgeon in Dorchester was called up on the night of the 28th November to see Mr WILLOGHBY and extracted a ball from his left side. It had entered just below the region of the heart and passed across the chest between the integuments and lodged in the right side. The wound was a very dangerous one and Mr WILLOUGHBY was in danger for two or three days; but no vital part was affected. Sergeant CAHUSAC stated that the prisoner was in the habit of firing his pistol at the riding school. Witness had seen his pistol clean that morning between seven and eight o'clock; and to the best of his knowledge the prisoner was in the riding school between those hours; but he could not say whether he used his pistol during that time. Ball cartridge is not used in the riding school . The powder used there is delivered out from the quartermasters store. Mr JACOBS produced the pistol he found and the former witness deposed that this pistol had the prisoner's number (22) upon it and he believed it was the prisoners. Each soldier's number is different. The ball produced fits this pistol and answers to the regimental balls. It is like the other regimental ball produced but it is a little altered by passing through the pistol. The pistol is marked "5 D.G.No.22". The regimental pass given to the prisoner was then put in and read. it was to the following effect:- "Wm KENNEDY has liberty to be absent from the barracks until one o'clock on the morning of the 29th of November Signed "Captain HUNTER "Sergeant Major CAHUSAC" When called on for his defence the prisoner said he knew nothing of the concern nor could he account for his pistol and ammunition being missing. The pistol was on the rack at5 twelve o'clock on the day in question and he saw the ammunition the day before; any other soldier might have taken the pistol and ammunition. He was at the 'Wood and Stone Inn' (2) at Dorchester with Mary PURCHASE until nine o'clock on the night in question and he should wish to have the landlady examined as to that fact Mrs MASTERS stated that she kept the 'Wood and Stone Inn' at Dorchester. She saw a soldier pass through the kitchen with a woman on the night in question, but she did not recollect his feature. Mary PURCHASE is the woman who was with him. It was between seven and eight o'clock. They drank at the house and remained half an hour. They left about eight o'clock. She never told the sergeant that he was there until near nine o'clock. Sergeant CAHUSAC was re-examined: He stated that he called at the 'Wood and Stone Inn' on 29th November and Mrs MASTERS told him there had been a soldier and a woman at the house at half past eight, or a quarter to nine, on the night of the 28th of November Lieutenant GRIFFIN in re-examination stated " that part of the road from Dorchester to Weymouth was chalky and likely to leave whitish marks on boots or shoes. He examined the prisoners boots on the night in question: they and his spurs were very dirty, but they had not the slightest appearance of chalk. His stockings were wet from perspiration Mr COMBS stated that there was gravel on the road above alluded to The JURY: after a short absence from the box, returned a verdict of guilty. When the clerk of the Arraigns asked the prisoner if he had anything to say why sentence of death should not be passed against him he said " Is there any man woman or child in the court who can swear that I committed this offence?". The prisoner pronounced this without appearing in the slightest degree moved by the verdict which had just been given against him. Sentence of death was the announced when he is stated in the newspapers to have said "My Lord, neither you nor the jury have done me justice though I am to die". "The Dorset County Chronicle - Thursday 19th March 1829" ATTEMPT TO MURDER : William KENNEDY, aged 19, a private in the 5th Dragoon Guards, quartered in Dorchester Barracks was placed at the bar, charged with shooting at the Rev. Henry WILLOUGHBY, on the night of Friday the 28th November with intent to kill him. Mr BARSTOW for the prosecution addressed the Jury stating the circumstances of the case, and then proceeded to call the following witnesses. The Rev. Henry Philip WILLOUGHBY, 28th Nov last I dined with my brother at Weymouth, and was returning home in the evening on a light grey horse. The horse walked nearly the whole distance; on arriving at the top of Ridgway Hill, I perceived a man walking on the left hand side of the way. I was also on the left hand side; when I came up to him, I turned \a little to the right; he stepped forward, and without a word, fired a pistol. My body was inclined towards him for a short time, which enabled me to see from the flash of the pistol, that he wore the dress of a soldier. I distinctly saw a red jacket with a dark collar, but the light was so momentary, that I could not discover his countenance. The instrument he held in his hand had a great deal of brass on it. I felt myself wounded; and my horse being terrified, galloped towards Dorchester with such speed that I do not think more than a quarter of an hour could have elapsed before I arrived at Dorchester, when it was about quarter before ten. By the Court :- The light was so instantaneous that I could not ascertain the instrument used was a pistol or carbine. I left my brother's house about half past eight. It was very dark. I was much exhausted from the wound. Mary PURCHASE :- I was with the prisoner on the night of Nov 28 and left him a little after eight. I heard the barrack trumpet sound at about seven o'clock; and asked him if he were not going to the stable; he said he had a pass and should not go in until four o'clock in the morning.  Mr Jas [James] DEVENISH :- I live in Weymouth, and was travelling on the Magnet Coach from Dorchester to Weymouth on the night of Friday the 28th Nov. I was on the box: the coach had lamps. On arriving at Monkton Hill I saw a soldier standing in the road in the uniform of the 5th Dragoon Guards, a part of which Regiment is quartered at Weymouth. I particularly noticed the yellow stripe down the trousers. The time then was a little after nine. The coach arrived at Weymouth about ten. [Note:- See painting right of Sergeant Benjamin Gilliece of the 5th Dragoon Guards commissioned by William IV and in the Royal Collection, dated c1832]Thomas GAUNTON :- I am a carrier between Dorchester and Weymouth. I remember being on the road, on the night of Friday 28th Nov. About half past eight, I met a soldier about a mile from Dorchester, towards which place I was coming. I had previously seen another soldier at Broadway, going towards Weymouth about 6 o'clock. When I met the soldier near Dorchester it was starlight and I was sufficiently near to see that he had on a red jacket and a soldiers cap. Christopher KELLAWAY :- I was on the road about half past eight and saw a soldier about one mile and a half from Dorchester. I spoke to him and he did not answer, It was very dark so that I could not distinguish his features. John MACCANE, Sergeant in the 5th Dragoon Guards, belonging to that part of the Regiment quartered at Weymouth:- it is part of my duty to go the round to see that all men are in barracks. On the night of 28th Nov last I went round at half past nine and found every man in the barracks. I was called up that night between ten and eleven. Michael TYNING Sergeant Major of the troop of the 5th Dragoon Guards quartered at Weymouth: The roll was called over on the 28th Nov at half past eleven. One man named William RUTH was missing; and on search being made for him he was found in a house of ill fame at Weymouth. He had not leave of absence. Sergeant MACCANE recalled :- When I went the rounds at half past nine William RUTH was in the barracks. The Rev. John Morton COLSON :- I am a Clergyman living at Dorchester; on the night of Friday Nov 28th. I went to bed soon after nine and was called up a few minutes after ten on account of an alarm respecting Mr Willoughby. In consequence of what was said to me I went immediately to the barracks and was there about a quarter past ten when I saw Lieutenant GRIFFITH. John GRIFFITH a Lieutenant in the 5th Dragoon Guards:- I am Adjutant of the detachment quartered at Dorchester; on the 28th Nov the prisoner showed me a pass about six o'clock in the evening. About a quarter past ten, that night the Rev. Mr. COLSON came to the barracks and told me that the Rev Mr WILLOUGHBY had been shot by a soldier in consequence of which I immediately had the roll called and every man was found there excepting the prisoner. I afterwards examined the armoury and found that the arms belonging to the prisoner were missing; ten rounds of ball cartridge are allowed every man, and five belonging to the prisoner were missing; as was also the powder of the other five rounds. Directions were then given to place men inside the barrack wall. I know the wall which divides the barrack yard from Mr HENNING’s hay yard: about a dozen men were placed under the wall in order to prevent any one coming over the wall. The prisoner came in about half past eleven, perfectly regular. There was a regimental order that no man should pass the barrack gates without his sword. The men leave the stables at a quarter past eight. The last trumpet sounds at nine o'clock. There is also a trumpet call for the men to go to the stables at a quarter before seven. I searched the prisoner and found nothing on him; on being asked where his pistol was he said he knew nothing at all about it but thought it was on the armour rack in his room. By the Court :- The arms are inspected once a week: and it is expected that every man should keep his arms clean. Any man may leave the barracks from eight o'clock until nine. The roll is called about 15 or 20 minutes after nine. There are eight men in each room and one arm rack in the room. Saturday is the day for examining the arms. Every person in the room has access to the whole of the arms. William BOYD Regimental Sergeant Major of the 5th Dragoon Guards:- I was called up on the 28th November about half past ten and was directed by the Adjutant to go round the rooms and call the roll, when I found every man there except KENNEDY, who came in about 12 and was immediately taken to the guard house. He was dressed in his stable jacket, blue overalls, boots and spurs, forage cap, sword and belt. The Blue overalls have a yellow stripe on the side. The jacket had on a green facing and green collar. On searching his room I found his pistol and five rounds of ammunition were missing. On bei9ng asked by the Adjutant where his pistol was he said it was on the arm rack that day but he knew nothing more of it. Every Soldier is furnished with ten rounds of ammunition which he keeps in his valise to which every man in the room has access. John CUSAC Sergeant of the troop to which the prisoner belongs:- It is my duty to inspect the arms of all men of my squad every morning. I saw the prisoner’s pistol in its place between seven and eight o'clock on the morning of the 28th November; it was then quite clean. I inspected the prisoner's ammunition bag the next day, and found five broken rounds, and five were missing. I gave the bag up afterwards to Mr COOMBS on the examination of the prisoner. By the Court :- I had not seen the ammunition bag since the previous Saturday, when it was in regular condition. Richard AMEY:- I was a watchman of Dorchester on the 28th November last; I saw KENNEDY that evening about half past ten, passing through the market-place. I had heard of a Gentleman having been shot that night, and said to the prisoner "You are doing wrong by being out of barracks at this time of night, as it is after hours and the roll is going to be called." I told him that a serious accident had happened and that a parson had been shot, and, a soldier had done it. I am sure the prisoner is the man. The prisoner replied that he had a pass till one o'clock; and showed me the pass. I saw something in his right hand, which looked like a pair of trousers rolled up; it appeared nine or ten inches in length; but I cannot say exactly, as he was some distance from me: he had neither sword nor belt. I saw him in the guard-room the next morning with several other soldiers, amongst whom I identified the prisoner. By the Court :- He held the parcel in his right hand as if he wished to hide it from me. Mr Thomas COOMBS, clerk to the magistrates in this district produced the depositions taken before the magistrates, upon the examination of the prisoner. The prisoner was cautioned as to what he said, as it might be made use of against him. The deposition of the prisoner was then read, in which he stated that he never saw the watchman that night and that he knew nothing of the affair. Mr Henry JACOB:- I live in Dorchester; on the 1st of December last, I searched for a pistol; there is a wall dividing the barrack yard from Mr HENNING's hay yard; there is a heap of straw under the wall on Mr. HENNING's side. There are folding gates at the entrance to the yard through which persons must pass to obtain access to the yard. There is no difficulty in doing this from the Sherborne Road, and a person going through the market, up the back street, and Glydepath hill, would come into Sherborne road. I do not think there would be much difference in the distance whether a man went that way or up the main street to the barracks but I should think the front street rather nearer than the other. The top of the straw heap was on a level with the top of the wall. On searching the straw I found a pistol almost close to the wall, embedded in the straw; but so near the top that a person on the other side could get it without difficulty. I took the pistol to Mr HENNING's house for the purpose of examining it; when a piece of tow being put in the pistol; was found foul, the tow coming out very black. The pistol appeared to have been recently discharged, and several grains of powder fell from the lock. The touch hole was very foul, but the other parts of the pistol exhibited nothing material. I marked my initials on it, and Mr MANSFIELD then took it. It was afterwards given to Mr COOMBS in my presence. Mr George HENNING corroborated the evidence of Mr H. JACOB. It appeared to him that the pistol had been recently fired and partly cleaned Mr W.D.TAPP:- I am a Surgeon, residing in Dorchester: I was called up on the night of Friday 28th November and extracted a ball from him which had entered on the left side just below the region of the heart, and passed across the chest and lodged in the right side. On the following day, I gave it to Dr COOPER. The wound was a very dangerous wound ; and Mr WILLOUGBY remained in danger from inflammation for several days. C COOPER M.D. :- I live at Dorchester, on Saturday I received a ball from Mr.TAPP which I afterwards handed over to Mr COOMBS. Mr. T. COOMBS produced the ball, the canvass ammunition bag, and the pistol. Sergeant CUSAC recalled:- The prisoner was sometimes in the habit of using his pistol in the riding school; witness found the ammunition right in the morning and believes the prisoner was afterwards in the riding school, but does not know whether he fired. They do not use ball cartridge in the riding school and the powder they use there is delivered out by the quarter master. Passes are seldom granted to so late an hour as one; but the prisoner was very anxious. The pistol was then identified by CUSAC as the prisoner's. The ball extracted from Mr WILLOUGHBY was then ascertained by CUSAC to be similar to the pistol balls of the Regiment; and on being compared was found to correspond with the others. THE PRISONER: in his defence denied his guilt; and said he was quite unable to account for his pistol and ammunition being missed: he had not seen his ammunition since the previous Saturday but saw the pistol the day on which the crime was committed about 12 o'clock; every man in the troop had access to his pistol and ammunition. He then called:- Jane MASTERS, who deposed as follows:- My husband keeps the 'Wood and Stone' public house in this town. I saw a soldier and Mary PURCHASE pass through my kitchen between seven and eight o'clock on Friday evening, the 28th November. I do not know that the prisoner is the man. They staid about half an hour, I know they were gone a few minutes after eight. Mary PURCHASE being recalled said she left the Wood and Stone a few minutes after eight with the prisoner. His LORDSHIP:- then proceeded to sum up with great perspicuity: he thought that when he told the Jury that an by Act of Parliament, shooting a person, whether with intent to murder, disable, or to do some grievous bodily harm, was a capital offence; and that if it were satisfactorily proved to them that the prisoner committed either of these crimes, as he could discover no adequate motive, he should deem it his duty to go the extreme length of the law, and that the life of the prisoner would answer for the crime, - they would exercise their particular attention in investigating every circumstance of the case. He bound to tell them that if they entertained any reasonable doubt of the prisoners guilt if they were not most satisfactorily convinced that he was the person who perpetrated the crime, the prisoner was entitled to the benefit of that doubt. But he also felt it his duty to say that in cases of this kind they could seldom obtain any thing better than circumstantial evidence which when connected was perhaps the strongest: and it would be for them to decide whether the evidence addressed was strong enough to remove every doubt of guilt of the prisoner; if such was the case he trusted they would give their verdict conscientiously and firmly and without regarding the ultimate result. His Lordship then proceeded to comment on the various points of the evidence. THE JURY retired for about half an hour, at the end of which they returned a verdict of guilty against the prisoner, who seemed quite unmoved at the result of their investigation. When the prisoner was asked if he had anything to say why sentence of Death should not be passed on him, exclaimed "Is there a man, a woman, or a child in Court who can sear that I committed the offence?" The Crier having directed silence to be observed, Mr Justice GASELEE put on the black cap, and proceeded to pass sentence of Death upon the prisoner in the usual terms after commenting upon the enormity of the crime, his Lordship solemnly entreated the prisoner to make good use of the time which he should remain in this world to prepare himself for that awful tribunal to which he would soon be consigned, as the nature of his crime was of so savage a complexion that no hope could be held out to him in this world: he therefore hoped he would lose no time in making peace with his Creator; and that Almighty in his great Mercy would have mercy upon his soul. The PRISONER seemed the only person unaffected by the delivery of the awful sentence and when his Lordship had concluded he exclaimed "All I have to say my Lord is that you have not done me justice, nor the gentlemen of the Jury, though I am to die." Indeed from the commencement of the trial, he assumed an appearance of the greatest unconcern which he maintained up to the last moment; and when the solemn words were pronounced which doomed him to a premature death, the blood forsook not his cheek, nor the slightest quiver discernable upon his feathures. "Sherborne Mercury - Monday 23rd March 1829" William KENNEDY was charged with shooting and wounding Rev. Henry WILLOGHBY, on the night of 28th November last. The indictment contained three counts: the first charged the prisoner with shooting with an intent to kill, second to disable, and the third to do some grievous bodily injury. The trial caused the most intense interest. Shortly after seven a crowd began to collect round the County Hall; and no sooner was the Court opened than every-spot was occupied, even where not the slightest knowledge of the proceedings could be obtained. The prisoner is only 19 year of age, of a slight form, his countenance somewhat of a sullen cast, and speaking a broad Irish dialect. Throughout the trial he maintained the up-most composure, and in his demeanour displayed no sensibility whatever of the awful nature of his situation. The Jury having been sworn, Mr BARSTOW opened the case on the part of the prosecution, and briefly stated the circumstances, as they were afterwards detailed in evidence. The Rev. H WILLOUGHBY stated, that on the 28th of November he went to Weymouth to dine with his brother, and set off to return to Dorchester about eight in the evening. He walked his horse to the top of Ridgway hill, when he perceived a man before him, walking towards Dorchester. He was on the left side of the road as was the witness; who on coming up to him turned a little to the right, in order to pass him. The man then stooped forward, and without uttering a word shot him. Witness's body was turned towards the man at the time, and he saw that he was in the dress of a Soldier; and by the momentary light of the flash could see brass in the instrument he held in his hand. Witness's horse galloped off with him; and he thought-it could not be more than a quarter of an hour before he reached Dorchester, which was about a quarter before ten. Mary PURCHASE was in the company of the prisoner on the evening of the 28th of November, and parted with him a little after eight. Mr DEVENISH was on the road between Weymouth and Dorchester on the night of the 28th November : he saw a soldier standing at the bottom of Monkton hill a little after nine. He was dressed in the uniform of the 5th Dragoon Guards, but witness does not know his features or size. Mr GAULTON is a carrier. He left Weymouth between five and six o’clock on the evening of the 28th November; he met a soldier about a mile from Dorchester, but was not close enough to distinguish his features. He is three hours in going from Weymouth to Dorchester. Witness had met another soldier at Broadway at seven o’clock. J.KELLAWAY was coming from Upway to Dorchester on the 28th November; he saw a soldier on the road, about a mile and a half from the latter town, at about half past eight; witness had not an opportunity of seeing his features John MACLEAN is a Sergeant in the 5th Dragoon Guards, and belongs to that part of the regiment quartered at Weymouth. He went the rounds to see that all the men were in the barracks at half past nine on the evening of the 28th of November; every man was then in. Michael TYNING is sergeant-major of the 5th Dragoon Guards; he belongs to the detachment at Weymouth; remembers being called up on the night of the 28th November, and the roll being called over at half past eleven. One man William RUTH, was missing, whom he subsequently found in bed with a woman. RUTH had no leave to be absent. The men are expected to be in at twenty minutes after nine, but the barrack wall is low, and might be easily got over. The Rev. J. M. COLSON had gone to bed early on the night of the 28th of November and was called up soon after ten, on account of an alarm respecting Mr WILLOUGHBY. He was reading a few minutes before he was called up, and had looked at his watch; it was then ten minutes to ten. He was called a quarter of an hour afterwards, and went to the barracks immediately; he arrived there not later than a quarter after ten; he saw Lieutenant GRIFFITH, and made a communication to him. Lieutenant John GRIFFITH belongs to the 5th Dragoon Guards; the prisoner is a soldier of that part of the regiment quartered at Dorchester; he showed witness a pass on the 28th November at six o'clock in the evening. At a quarter or twenty minutes to ten the same evening an application was made to him by Mr COLSON in consequence of Mr WILLOUGHBY having been shot. He had the roll called immediately and every man was in except the prisoner. The attention of witness was next directed to the armoury: the pistol of the prisoner was missing. It is regimental practice to furnish every man with twelve rounds of cartridges; five rounds of that belonging to the prisoner were missing; and the powder of the other five. The prisoner came in through the gate at half past eleven; he was sober, and witness observed nothing particular in his conduct. No man was permitted to pass into the town without his sword; prisoner returned with no sword. Witness searched him but found nothing on him. Witness then asked him where his pistol was; he seemed astonished and told witness he did not know anything about it, but thought it was on the arm-rack in his room. In answer to questions from the judge, Mr GRIFFITH said that any soldier may go out when the stables are dismissed (a quarter past eight) till nine. There is an arm rack for each room; it is customary to see the ammunition is complete on Saturdays, when the arms are inspected. All men in each room may have access to the arms kept there. J CUSACK is a sergeant in Captain HUNTER's Troop prisoner belongs to it. It is part of witness's duty to inspect the arms of the men of his squad every morning. He saw the prisoner's pistol in the arm rack between seven and eight on the morning of the 28th of November. On the following day he took away his canvass ammunition bag; there were five broken rounds in it, and five missing. Witness gave it to Mr COOMBS at the examination before the magistrates. In answer to questions from the Judge the witness said he had not examined the ammunition bag later than the previous Saturday: it was then complete. Richard AMEY is a watchman at Dorchester; saw the prisoner on the night of the 28th of November later than half past ten, under the arch in the market place. Witness seized the prisoner by the arm and said "you have no right out of the barracks at this hour of the night; it is after hours, and the roll is going to be called, as a serious accident has happened. I hear a Gentleman has been shot, and that a Military man his done it". Witness is certain the prisoner is the man; he said he had a pass till one o’clock, and took it from his left pocket; he had something in his right hand, it looked like a pair of trousers; it was rolled up and of a light colour; he had neither sword nor belt. He saw him in the guard room the following morning, and pointed him out among five or six others soldiers. In answer to questions from the Judge, the witness said he thought he had seen the prisoner before, but never conversed with him. The prisoners examination was here put in and read, Mr COOMBS the magistrates clerk, having deposed that he had been cautioned that whatever he said would be made use of against him. " I know no more of the man than any other soldier in the barracks; and I never saw the watchman at all that night, and that I persist in saying. If the watchman had seen me with a pistol, it was very strange he did not take me up". Mr H. JACOB stated that he made search for a pistol on the 1st December in Mr. HENNING's yard, which is divided by a wall from the barrack yard: there is no difficulty in getting into it through the gates from the Bridport Road; and a person might get to it from the Sherborne Road without difficulty; a person going through the arch in the market-place, up the Backstreet, and down Glyde path hill would come into the Sherborne Road; the nearest road to the gate of the barracks would be up the main street; but it would not make many minutes difference. Witness found the pistol embedded in a heap of straw against a wall, and so close to it that any person on the barrack wall might reach it. The pistol was examined at Mr HENNING's House; some tow was placed round the ramrod and put into the barrel; it came out very black; some grains of powder fell from the cock, and the touch hole appeared foul. Mr HENNING said the pistol appeared to have been recently fired, and to have been partially cleaned. Mr W. D. TAPP is a surgeon: he was called to Mr WILLOUGHBY's assistance, and extracted a ball from his body, which had entered on the left side below the region of the heart, passed across the chest between the integuments of the breast bone, and lodged in the right side. Witness kept the ball till Saturday, and then gave it to Dr. COOPER. Mr WILLOUGHBY's was a serious wound, and he was in danger ten or fourteen days from inflammation. Dr. COOPER kept the ball three or four hours, and then gave it to Mr COOMBS. Mr COOMBS produced the ball, the pistol, and the canvass ammunition bag, which was examined by CUSACK. The ball was such as is issued by the regiment, and fitted the bore of the pistol, which he identified as the prisoner's the number on it agreeing with that on the ammunition bag. On re-examination by the Judge, CUSACK said the prisoner was in the habit of using the pistol in the riding school, but did not know when he had done so: he was in the riding school on Friday. There are a great number of balls of the size produced. There are no soldiers of the regiment quartered except at Weymouth and Dorchester. The case for the prosecution being closed, the prisoner was called on for his defence. He said "I have to say I know nothing of the concern. How my pistol and ammunition bag came to be missing I cannot account. The last time I saw my ammunition bag was the Saturday before the accident happened: I saw my pistol at twelve o'clock of that day same day; and any man in the troop had the same recourse to it that I had." The prisoner further said that the landlady at the 'Wood and Stone' public house had told the sergeant the morning after, that it was half eight or a quarter to nine that he was at her house and desired she should be called. Mrs MASTERS was then sent for and she said she remembered the prisoner and a woman being at her house on the night of the 28th of November. She thought they left about eight or a little after: she did not recollect telling Sergeant CUSACK that it was half past eight or a little before nine. Sergeant CUSACK being recalled said the last witness had certainly told him so on the morning of the 29th The learned Judge then proceeded to sum up with great perspicuity and at considerable length. The Jury consulted for a quarter of an hour, and then at the suggestion of the Judge, withdrew, and returned in about 10 minutes with a Verdict of Guilty. The prisoner on being asked what he had to say why the Court should not pass a sentence of death upon him said "Is there any man in the Court, or out of it can swear that I am the man?" The Judge then addressed the prisoner in nearly the following words:-
Genealogical Notes:- (1). Revd. Henry Phillip WILLOUGHBY MA (1804-1851) He was baptised at St John at Hamstead Church in Camden London on 23rd Feb 1804, the 5th son of Dobson Willoughby by Sarah his wife. He was educated at Lincoln College Oxford where he matriculated on 19th June 1823 at the age of 18 being awarded his BA in 1827 and MA in 1830. He was ordained a deacon on 1st June 1828 at St Georges church in Hanover square and the following day took up his appointment as stipendiary curate of Charminster and Stratton. He was appointed curate of Frittenden on 21st April 1832 and just before he took up the post he married Marianne Tringham of St Marylebone by licence on 23rd Feb 1832 and they had at least 2 children. He was appointed Rector of Frampton Cotterell in Gloucestershire in 1841 and died there being buried on 24th Jan 1851. (2). The 'Wood and Stone Inn' was according to Pigots Street Directory for the year 1830 located in Durngate Street Dorchester the proprietor being listed as William MASTERS (1793-1834). It was his wife Jane MASTERS (1800-1831) who gave evidence in this trial. Robert Wadham a local carrier operated from the Inn; he delivered to Weymouth every Monday and Bath every Tuesday. By 1839 the proprietor was John TULLIDGE who was still there in Slater's Directory for 1852. (3) Although the surgeon here is reported to be Mr W.D. TRAPP this is actually Mr William Denison TAPP shown in both the Pigot's 1830 and Robert's 1839 Street Directories as a surgeon operating out of Cornhill in Dorchester |
