Offence: Killing > murder
Punishment: Miscellaneous > branding
319. PATRICK NOWLAND , the younger, was indicted for the wilful murder of Patrick Nowland , the elder, by making an assault on him, on the 4th of April , inst. feloniously, wilfully, and with malice and forethought, by beating, kicking, and throwing him on the ground; thereby giving him on the head, breast, sides, and other parts of his body, several mortal strokes, wounds, and bruises, of which he instantly died . He was likewise charged upon the Coroner's Inquisition with feloniously kicking and slaying the said Patrick Nowland the elder.
Wm. Smith deposed, that he was a dealer in wood, and had lived in Great Round-court, Chancery-lane, twenty years, that he never saw the deceased till an hour and a half before his death, that he was coming up Lamb's-conduit-street , and saw a mob at a door about last Thursday was a week, and went and looked over the window which he saw down, and saw a man sit in a chair that was dead; that he asked where the man was that had murdered him, they said he was gone, that he asked them why they did not detain him, and they said who the devil would, for he had murdered one already; that he said it was very odd not to pursue him, and immediately went in pursuit of him, and as soon as he had crossed Queen's-square, by the Duke of Bolton's, he saw a man running, he cried out stop him, and he run into the fields; that he run him near three miles before he took him, that they went over fields, hedges, and lanes, and every place, that he fairly run him down till the man was tired and could run no further, that he himself was as much tired as the man was, that he said, I am very glad I have catched you, what do you think of being guilty of such a rash action as murder? the man said he was a cousin of his and struck him first; that he made answer, you should have had more partiality than to have struck him so hard; he said the whole occasion was, it kept him from ever striking another man; and that was every word that passed.
Joseph Farrell deposed, he was in company with this man at the Half-moon or the Sun, he could not tell which, in Lamb's Conduit-street, it was on a Thursday, that the deceased and another man had some words, that the deceased struck the other man, and the prisoner strove to make peace between them, that he was endeavouring to make the other man sit down and be peaceable, that he did not hear what passed between t he deceased and the prisoner, that when he turned about in the room, he saw the deceased and the prisoner in a posture for fighting, that they struck at one another directly, they had two or three rounds and falls, they had three rounds he believed, and some falls on the chairs in the room, and on the seats of the chairs and broke them down; that it was a boarded floor, then they stripped off and challenged one another and began to fight, they had fought some time when the prisoner at the bar desired he would make it up, and said he knew that he was able to beat him if he continued fighting, and he would make it up; that the deceased said he knowed he was not, and therefore he never would give it into him, and therefore the seconds said let them fight it out to see which is the best man, they went to it again, and had three rounds afterwards, and the prisoner at the bar gave him a wound on his neck, and closed him, and gave him a fall, and the man never moved afterwards.
William Taylor deposed that he kept the house, that the deceased was the first person who came in along with one Burne, who was a victualler as well as himself, about three o'clock, that his cooper and him were in the house, he had been taking stock in the cellar, that these two men came in and had four, five, six, or seven pots of ale, and were good friends; that the deceased came in first with one Burne a milk-man, they had a pot of ale, and they had a glass a-piece, and then came in the others; that Joseph Farrell came in last, that they were all Irish men who were together, they seemed to be joking and laughing and very merry, there was an Irish woman came in and drank a glass with them, and then they all called for another pot, and he went to fetch it, that while he was in the cellar, as they were over his head, he heard a sad noise, that he went up and was going to carry the ale into the parlour, but his wife said for God's sake do not go in, they are fighting, that he said he would go in and make peace if he could, that the cooper followed him; when he was in he took hold of Burne, that he saw the prisoner at the bar, and the deceased a fighting, that he set down the pot and catched hold of one, and said for God's sake let us have no disturbance here, my house is a house of credit; that Burne took hold of him and threw him down on the floor, and said the first man that offered to part them he would kill him; that the witness was much frightened, seeing the chairs and every thing broke to pieces, they were stripped to fight, and they fought a quarter of an hour he believed, they insisted on fighting, and the prisoner at the bar wanted to give out; the deceased said he would not, he advised them to give it up, and told the deceased he knew nothing of fighting, that there was a oachman in the room whom he set to keep them off the chairs and windows, that they broke the chairs and the arms entirely off, that the deceased struck one man on the side of the face, because he thought he rather shewed favour to the prisoner, that he himself was looking at the man that was struck, and in the mean time the deceased and the prisoner had a round, and whether it was a knock down blow, or what they call a cross-buttock he did not know; but as he turned round the deceased lay on his back, on the floor; there were neither chairs nor tables to hurt him, it was quite fair on the floor, they said he was dead, that he moved neither hand nor foot, and he could not perceive he had the least breath in his body.
Samuel Spriggs deposed, that he was at Taylor's, the public house, where it happened, doing business as a cooper, that Taylor's wife came to him and said, for God's sake come here, there are two Irish men fighting, they will kill one another; then he and Mr. Taylor went into the room where those men were fighting, that he got in between them and begged they would desist, and said he would not have such a disturbance in his house, that the little man that calls himself Burne, took the landlord, struck him, and threw him down on the floor; then he, the witness, attempted to go between, and Burne said by the Holy Jasus, if you attempt it, we will kill you; the landlord got in between, and he said if you do interfere, by Jasus we
Court to Prisoner. Is this account all true?
Prisoner. Yes, my lord.
GUILTY of Man-slaughter .
To be branded and discharged.