Offence: Killing > murder
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Edward Tufnel. I live at Barnet in South-mims Parish; on the 6th of November, a little after four in the afternoon, I had been in the fields to fetch up master Peter Davis's cows at the waggon and horses; I heard a noise in the house; I went in, there was the prisoner (he is a soldier ) and Mr. Emerton; there had been some quarrel between them, the prisoner was in a great passion, swearing and tearing about.
Q. Were any body there besides they too?
E. Tufnel. I did not see any body else but they.
Q. Did you see the beginning of the quarrel?
E. Tufnel. I did not.
Q. In what room were they?
E. Tufnel. In the kitchen.
Q. Who was the soldier taking about?
E. Tufnel. He was quarrelling with Mr. Emmerton.
Q. Do you remember any of the words he made use of?
E. Tufnel. I cannot say that.
Q. What did you see him do?
E. Tufnel. He threw his coat about the house, and said, he did not mind this or that man.
Q. Was he in his shirt?
E. Tufnel. He was in his waistcoat, and I desired him to be quite.
Q. Was he sober?
E. Tufnel. He was a little concerned in liquor. I desired him to go to bed; he went up stairs, I thought he had been gone to bed, then I went out into the yard to put the cows up as usual, Emmerton was in the kitchen all the time.
Q. What did Emmerton say when the other was in his waistcoat?
E. Tufnel. He desired him to be quiet and go to bed, and said, he thought that was the properest place.
Q. Did you return into the house again, and how soon?
E. Tufnel. I did, I came in again after a very small trifle of time; I had only put the cows in the stail and given them a bit of hay, and was coming into the house for the maid to come out to milk. She said, for God's sake go after the soldier, for he has got his sword, and came running to me. I went through the house after him, he was just entering at the gate after Mr. Emmerton, and Mr. Emmerton was just within the gate, going to shut it to save himself.
Q. Describe the yard, and how it lies from the house.
E. Tufnel. Emmerton had gone out at the door into the street, and from thence through a gate into the yard; the soldier, when I saw him, was in the street, at the yard gate, he burst the gate open before Emmerton had time to shut it te close; he rushed in and stabbed him with a bayonet, and left it in his breast, He made his escape into the street, then to the house, and into his chamber, and wrapped himself up in the bed-cloaths; I called out for help, and we went and took him.
Q. Who was in the house when you went thro' it?
E. Tufnel. There were nobody in it then.
Prisoner. There is ne'er a man knows any thing of the matter but him, and he has said a deal that is false; there were four men in the kitchen, besides the deceased, drinking with me; ask him if he knows them.
E. Tufnel. to the Question. I saw none but they two.
Prisoner. The other four men all made off; I do not know who they were; I was at my quarters, and beat in a desperate manner before I took my bayonet out.
Q. Were there any angry words made use of by Emmerton ?
E. Tufnel. I don't remember any.
Q. Did you see any blows pass?
E. Tufnel. No, I did not; Emmerton had received some, but I did not see them.
Q. Was the prisoner bloody or bruised?
E. Tufnel. I cannot tell that.
Q. Did Emmerton appear to have been beat when you went first into the house?
E. Tufnel. His face appeared all over blood then.
Q. Whence did the blood seem to proceed from?
E. Tufnel. His nose had been bleeding.
Q. Did the prisoner appear to be bloody?
E. Tufnel. I did not see that he was at all.
Q. If his face had been bloody could you have seen it?
E. Tufnel. I could.
Q. Did he seem to have been beat?
E. Tufnel. No, he did not.
Prisoner. He did not see the beginning of it.
Juslin Duburgy Jones. I am landlord at the ship and dragon, and am a close neighbour to this house, the Waggon and Horses; I heard a noise like quarrelling in it on Wednesday the 6th of November, betwixt four and five in the evening. I walked up to the door, and heard more voices than one.
J. D. Jones. I reckon I heard three. I went into the kitchen, there was one Peter Purton , a Wheeler, he was holding his hand to his eye, and said, the soldier had given him a black eye. Mr. Emmerton had got the soldier by the collar shaking him, and said, Sirrah, you rascal, you don't ought to strike them that don't trouble their heads with you, and he put him back into a chair at the side of a table. He said, you ought to be put in the stocks you rascal, for meddling with them that don't meddle with you, and disturbing people in your quarters; and he gave him a twitch by the collar, and said, Go to bed, you villain, and the soldier fell on his face to the ground. This twitch, I imagine, was with an intent to make the soldier go to bed; the prisoner got up again, and they shoved him partly up stairs, and I thought every thing was quiet. My house is about twenty yards from Mr. Davis's house; when I got to my own door, I turned my head and saw Mr. Emmerton come running out of the house along the street, and ran towards me to go in at my next neighbour's door, he could not get in, he turned back again to run into the yard, and went to go in at the gate; in a moment, before he could get in, I saw the soldier with this bayonet naked in his hand, run out of Peter Davis 's house ( producing one ) he was in pursuit of Mr. Emmerton; Mr. Emmerton had just got in at the gate; he came to thrust the gate against the soldier (but I did not see the fatal blow) he being on the inside of the gate, the soldier ran short back again after the mischief was done; I cried out, knock him down, knock him down; he ran into the house again, and up stairs in a moment's time, and covered himself with the blankets; the evidence Tufnel struck at him but did not hurt him. Mr. Emmerton came bursting out at the gate, and this bayonet stuck in his right breast, I believe seven inches and a half, and down he fell before me; please to observe by the blood on it, it may be seen how far it was in the body, I went to help him up, and pulled the bayonet out, but he never had time to say, Lord have mercy upon me. I believe it pricked him to the heart.
Q. How many people did you see in company with the soldier when you heard the quarrelling first ?
J. D. Jones. I saw none but Mr. Purton and Mr. Emmerton with him.
I was going into the country upon command, with three deserters; there was a serjeant, a corporal, and nine of us. My quarters were at the Waggon and Horses at Barnet, there was nobody when I came there first but the maid; after I had been there about two hours we had our dinner; then my comrade and I went to the Green Man, and had a pint of beer each; there was a corporal, two men, and the deserters. After having drank three pots of beer there, I returned home to my quarters, and my comrade went to the horse-races. I called for a pint of beer, there were three more men besides; Mr. Emmerton and they said, I might come into their company, if I would spend my pint with them. After that we had a dram or two of gin, and I drank a little more than did me good; then there was a spute who should pay the reckoning. Then I said, I would pay as much as they. One of them d - d me, and said, you are like the rest of the blackguard soldiers. The landlord said, pay your reckoning, that is the best way, to have no more about it. I paid four-pence; one of them stept up to me, and said, you scoundrel, that is not enough, and knocked me down; I got up and hit him again; then another struck me; then I lay down, and in a minute or two they came at me, and beat me in a terrible manner. I lay down on the stairs, and took hold of my bayonet; he struck me once or twice, and so did the rest; I was beat so, that I was perfectly senseless; I hardly knew what I did , or whether I stood on my head or heels. They went to take the bayonet from me, and they tore the scabbard all to pieces. Then I went up to bed, and pulled all my cloaths off but my shirt and stockings, and covered myself in the bed. I had never seen the men in my life before; but they were great villains.
Q. to Jones. Did you make any observation whether the prisoner appeared to be bruised, beat, or bloody?
J. D. Jones. Mr. Emmerton was bloody and he too; but I saw no blows struck.
Q. Where were they bloody?
J. D. Jones. They were bloody in the face both; it appeared to me as if there had been some blows between them.
Q. What did Emmerton say to you when you went in?
Q. Did you hear him say he had struck the prisoner?
J. D. Jones. No; neither can I say whether Purton had struck the prisoner or not; the prisoner ran after the deceased with such vengeance, with the bayonet in his hand, that though there was a coachman just by, and a man coming with a pail of water, neither had power to stop him.
Guilty , Death .
This being on Friday, he received sentence immediately, to be executed on the Monday following.