The President.-Your conduct betrays, not only immorality, but the greatest baseness of sentiment. I cannot forbear saying it.

Kostolo. I ask a thousand pardons; I conceive in myself the fault I have committed; but the attachment shewn by Madame Boursier, carried me away. Here the accused turning towards the public, cried out, weeping and sobbing, "I ask everybody a thousand pardons."

Q. You had, at the same time, intimate relations with another woman, who supported you, and with whom you lived?

Kostolo.-(Weeping still more bitterly.)-Yes, yes, I am a great wretch. Q. You feigned a great attachment for this woman, without feeling any friendship for her; you received her money, yet you pretend that you never would have dreamt of marrying her.

Kostolo. What I have done, is very common; we see it every day; I shewed friendship to Madame Boursier, in esteem for her kindness to me. It was the only way I could repay it. As for the proposals of marriage, they were only jest.

In pleading this cause, the prosecutors urged, that Boursier having certainly been poisoned, here was only his wife, who had both temptation and opportunity to commit the crime. He Iimself was in excellent spirits, flourishing circumstances, and had no suspicions of her misconduct, so that suicide could not be suspected. The girl Blin had no motive, and besides, she had wished to go to her friends in the country eight days before, and had remained at the particular request of the fa mily. Although part of the pottage had been used without injury, Madame Boursier had probably the opportunity of throwing poison into the husband's share, before he used it. They urged also the careful cleaning of the

VOL. XVI. PART III.

vessel, and the objection to the opening of the body, Her criminal conduct with Kostolo, and receiving proposals of marriage from him, presented a temptation to the crime. On the other hand, it was urged that all this was mere possibility and presumption, such as the jury could not be justified in condemning a fellow-creature upon; that notwithstanding the errors of her conduct, there was nothing to make her be presumed capable of such an atrocity. That her whole behaviour that morning,-her sleeping beyond the usual hour, her pettish anger, and easy reconciliation, marked a mind at ease, and not labouring with any terrible design, like that imputed to her.

These last considerations prevailed with the jury, who brought in a verdict of Not Guilty. The President then said,-The jury have declared you not guilty of the crime of which you are accused; may you find the same absolution in the testimony of your conscience; but never forget, that the cause is in the dishonour which covers your name,-the irregularity of your conduct, and the violation of the most sacred ties. May your future conduct justify your past life, and may repentance replace the honour which you have lost! The accused fainted away, and was carried out of the Court.

TRIAL OF JOHN PALLETT, FOR THE MURDER OF JAMES MUMFORD.

Chelmsford, Saturday, Dec. 13.

Shortly before nine o'clock, the prisoner was brought from the jail to the Court-house in the usual caravan. He seemed very much depressed in his feelings; and, since his commitment, has lost much of that hardihood which

N

he at first displayed. He has been attended by the Rev. Mr Hutchinson, the chaplain of the jail, who has succeeded in awakening in his mind a proper sense of his situation. He now seems disposed to receive all those consolations which are only to be derived from religious exercises. On quitting the jail, he was heavily ironed on both legs, and moved with difficulty. He was dressed in a smock-frock, under which he wore a red waistcoat, with a spotted handkerchief round his neck.

At nine o'clock precisely, Mr Justice Park entered the Court, and it was opened in the customary manner. Mr Jessop, the counsel for the prisoner, now addressed his lordship, and said, he had humbly to apply to have this trial deferred till the next assizes. The prisoner at the bar had been only committed to the jail of this town on the night of Thursday last, between eleven and twelve o'clock. The place from whence he had been brought was twenty-five miles off; consequent. ly, it was impossible for him to have had access to those persons whose testimony might be essential to his defence. He had also to state, that even yesterday morning, within a few hours after the prisoner had been committed, the London newspapers, containing the whole of the evidence against the prisoner, were circulated in this town, and were open to the inspection of the Jury by whom he was to be tried, thus exposing him to all the consequences of the prejudice which such publications were calculated to excite under these circumstances.

Mr Justice Park.-I am clearly of opinion, that there is no ground for putting off this trial. There is nothing uncommon in this case. Scarce an assize passes in which forty or fifty persons are not put upon their trial for felonies within a few hours after their commitment. This person has had every opportunity to prepare for his

defence; and there is nothing in the circumstances of his case which can throw any difficulty in his way. In one of the foulest murders which was ever committed in this kingdom, the murderer was apprehended on Mon day, and executed on the Monday following. There is nothing at all extraordinary in such a proceeding. With regard to the supposed preju dices, in consequence of the publica tion of the evidence, a priori, before the trial, in this case I have not observed that this evidence has been accompanied with any comment, which would certainly have aggravated the offence. I am satisfied there is no ground for putting off the trial; let it therefore proceed.

The following witnesses were then called :

Robert Smith.-I am a publican at Poyner's Hill. On Monday I was ob liged to go from Widdington towards the turnpike road. I was on a pony. It was half past eight o'clock. It was a "glum" night. I saw a body lying in the road, at about half a mile from Widdington. I dismounted, and lifted it up. It was in the middle of the road, on its back; it was not dead. The person groaned; I set him up, and put him on the bank side. I went back to Widdington for assistance. I gave the alarm. I ordered a horse and cart. Some persons went to the place where I left the body. I went to Haydon, the constable. I went to the lane again, and saw the body at a great distance from where I left it. The persons had got it and the prisoner.

John Reid.-I am a carpenter at Widdington. MrJames Mumford lived with his father; the prisoner was a labourer in the service of old Mr Mumford. On Monday I went to the lane with the other persons, in consquence of the alarm; I took a candle and lantern. Mr Smith had described where we were to find the body. We were

all together; I put the candle under my coat, as we thought there might be some one else. I heard somebody halloo," Hoy!" and when we got within three or four rods from him, we heard him say, "Here's James Mumford." It was Pallett; he had got a body on his shoulder. I went and lifted up its head, and said it was not he. It was so disfigured, that, although I knew Mr Mumford, I did not recognize him. The prisoner said he knew it was; and then he said, he thought it was. No one could, by that light, have known who it was. That was about thirty rods nearer to Widdington than Smith had described. We had put it into the cart before he came up. We took it to a public-house at Widdington, called the Fleur-de-Lis; we put him into a chair by the fire in the parlour; he was dead. Mrs Mumford was sent for. We examined the flap of his shirt, and found by that means who he was. His mother recognized him.

John Mumford.-I am the brother of the deceased. On Tuesday, I got a pair of shoes of the prisoner's, which I hold in my hand. I went to the spot where the murder was committed, and, in the wheat field, I found foot-marks of some person who had been running. They led towards a place in the wheat where a person had sat down. There was a mark by the place, as if a split stick had been stuck in. I tried it, and that stick on the table fitted exactly. The footsteps then led to a turnip field, across that towards the Downlane, which leads to the spot where the blood and body had been found. I fitted the high shoes in more than a hundred places, and they corresponded exactly. The shoes had made marks amongst the turnips. In two instances the toes of the shoes had cut the turnips. I had no doubt, that the person who wore those shoes had made those marks. William Reid was with

me; he pointed out the spot to me. This knife, found in the left-hand pocket of the prisoner, I have seen.

The stick, or bludgeon, was here produced. The appearance was extremely disgusting; it was rather more than two feet in length, cut from a hazel hedge-stake. The thick end was split, as if by the repetition of blows upon some hard substance, and also covered with blood. The knife was also produced.

It was a common knife, with a large blade, in which there were three jags before. Witness.-I cannot say that I know it to be my brother's. There is a knife which I gave my brother, which was found with some other things in the field. The footsteps I traced were recent.

William Reid.--I went to the turnip field on Tuesday morning last. I found a knife, a pair of spectacles, a pencil, a comb, and two keys, under a baulk, (a small division in the land ;) I traced some steps with Mr John Mumford, and saw the marks he described. I found a great-coat and hat near the hedge, a short distance from the baulk. The footsteps lead to where I found the coat. I afterwards traced the steps through the turnips to the lane.

The coat and hat were here produced. The coat was of dark brown cloth, and was covered with mud. The spectacles, pencil-case, knife, &c. were also produced. The spectacles were in

a red morocco case. There was blood inside the hat, and a place was cut in the top.

Mr John Mumford recalled. He looked at the knife produced.-I know this knife; I gave the handle to my brother about six weeks before the murder; I have no doubt about it. My brother had a coat of the colour produced. I know nothing of the other articles. The coat was short. My brother was a little man.

John Cock.-I am a weaver. In November last I saw the prisoner, and three others, at the Queen's Head, at Saffron Walden. It was on a Saturday, about this day three weeks. It was the sessions-day, the 22d of November. A neighbour and I went in together, a Mr Bacon. The prisoner had some beer drinking. He said, " Curse you, Cock, will you drink? You must mind and not get drunk; we have got to pay for getting drunk." I asked him, who it was that made them pay for getting drunk? He said, "Little Jem Mumford. A rascal! if I had him here, I'd smash him; but I'll be cursed if I won't be his match."

Susan Reid. I am the wife of John Reid. I know the prisoner; I knew the deceased. About a fortnight or three weeks ago I heard the prisoner say, "I shouldn't mind hacking Jem Mumford's whistle." I understood by that, that he would cut the deceased's throat.

Mr Thomas Hall. I am clerk to the magistrates at Saffron Walden. I was present when the prisoner was brought up on the charge of murder. I took most of the depositions. I read them over to the prisoner. I asked him what he had to say; he said, Nothing." I then produced the

knife sworn to by Mr George Mumford, and told him that it was found in his pocket; and he said, that he found it in Baggot, (meaning Baggot field in Widdington,) about a fortnight ago. I was in Chelmsford on Thursday evening. In consequence of a message from the prisoner I went to him. He was then in a cart opposite the Saracen's Head. He had been brought in that cart from Widdington. I had not seen him before from the time I left him at Widdington; and the magistrate, Mr Lodden, had cautioned him as to the effect of anything he might say. When I went to the cart, I made him no promise or threat. If he had not sent for me, I should not have gone to him. I asked him, whether he wanted to speak to me? He said, "Yes." He spoke very low, so that I could scarce understand what he said. He desired that I would get into the cart, which I did. He told me, that Kidman had given him the knife with which he cut the stick. I then asked him, whether Kidman had anything to do with the murder? and he said, " No, I alone did it.”—That is all, my lord.

Mr Justice Park charged the Jury; who, after a few moments' hesitation, found the prisoner Guilty.

OR,

JANUARY.

3. The Dublin Coach for Belfast was attacked seven miles below Ashbourn, at a place called Crossmacorehill, two miles and a half below Garretstown. The banditti consisted of fifteen or twenty persons, who had arranged themselves at each side of the road, across which they had laid carts and ladders. The villains, when the coach arrived at the spot, called on the guards to stop; this the latter refused, when instantly a fire was opened from both sides of the road. The horses turned quickly round, and the pole of the coach was broken. The villains continued to discharge their pieces, and we are grieved to state, that one of the guards received three slugs in the abdomen and hip; and the other, after having his forehead lacerated by a shot, received a ball in the chest.

The former is supposed to be mortally wounded-some hopes are entertained of the latter. All the passengers, four in number, were then robbed. There were two boxes in the coach, one of which contained money, the other not. The villains carried away the wrong box. They also took the Drogheda Mail-bags, and all the arms. The banditti are supposed to be the remains of Collier's formidable gang.

The following are additional particulars:

The robbers (about fifteen in number) surrounded the coach, and took the fire-arms, consisting of three dou ble-barrelled short guns, three doublebarrelled brass blunderbusses, and four pistols; they broke open the lockers, and took the Mail-bag for Drogheda, and several other parcels-there was a sum of 10,000l. in whole Bank Notes in a part of the coach, which fortunate