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<p>620.
<persName id="t17881022-14-defend180" type="defendantName"> RICHARD DUNN
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<interp inst="t17881022-14-defend180" type="gender" value="male"/> </persName> was indicted for that
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<interp inst="t17881022-14-off68" type="offenceSubcategory" value="wounding"/> he, on the
<rs id="t17881022-14-cd69" type="crimeDate">21st of September</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17881022-14-off68 t17881022-14-cd69"/> last, with a certain pistol, loaded with gunpowder and leaden bullets, unlawfully, wilfully, maliciously, and feloniously, did shoot at one
<persName id="t17881022-14-victim181" type="victimName"> John Everton
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<join result="offenceVictim" targOrder="Y" targets="t17881022-14-off68 t17881022-14-victim181"/> </persName> , being in the king's highway, against the statute, and against the peace </rs>.</p>
<p>
<persName id="t17881022-14-person182"> JOHN EVERTON
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<interp inst="t17881022-14-person182" type="gender" value="male"/> </persName> sworn.</p>
<p>I was coming down the
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<join result="offencePlace" targOrder="Y" targets="t17881022-14-off68 t17881022-14-crimeloc70"/>, the 21st of September, a little after ten o'clock in the morning, and the man that is here present was reading what was wrote on the shutter of the prisoner's door; I said to the man that was reading, I wonder who would trust him a pound of pork chops or veal cutlets; because there was wrote on the door,</p>
<p>"Pork chops and veal cutlets, and coffee and tea;" I did not say so to Mr. Dunn; Dunn came out at the time, and asked me what rascal I was, and he told me, if I did not go about my business, he would kick my a - ; and I immediately went on, and he followed me; I turned back and said to him, if you want to kick my a - , you may do that as soon as you please; and he went in doors, and fetched out an old umbrella.</p>
<p>How came you to turn back? - He was not above five or six steps on from the door, and he asked me if I would not go with the old umbrella; I do not know whereto; I asked him what I was to go with it for; and he said, d - n you, if you don't like that, I will fetch something that shall make you; and he went in again, and fetched out a pistol, and concealed it under his coat, and with no ceremony at all held it up to my head, and fired it at me immediately.</p>
<p>How near did he clap it to your head? - As near as I can guess, it might be within half a foot, the powder is all lodged in my face.</p>
<p>Did he point it towards your head? - Yes, close against my head, pretty well, and he said, d - mn you, if you don't like that, you shall have another; I immediately caught him by the collar.</p>
<p>
<xptr type="pageFacsimile" doc="178810220018"/>What became of the ball? - It hit the wall, because it made a hole, as the prisoner owned himself, it hit the wall; the pistol is in court; the pistol was fired with the cook upright, and the ball glanced; it was not so certain of hitting; I did not know there was a ball in it, till he took my hat off the next morning at the headborough's house, and asked me whether there was not a hole in it; I took him down to the constable.</p>
<p>What reason have you to think there was a ball in the pistol? - He said, when he loaded it, he knew he had loaded it with ball.</p>
<p>What did he say? - He said, he knew when he loaded it, three months before, he loaded it with ball, and he did not take it out; if any body took it out, it must be somebody else, not him; he told me he expected me to drop dead at his feet.</p>
<p>Did you know the prisoner before at all? - I have seen him by passing his house every day with my borrow of bread; I never served him with any thing, never exchanged a word with him. I saw the hole in the wall the next day; the justice desired me to look, and there is a hole quite fresh in the middle of the brick, I never measured it; it must be half an inch in.</p>
<p>Whereabouts did you stand, and where did he stand? - It rather glanced on the right where he fired, not quite with an upright, where I stood; it hit me on the left side of my face.</p>
<p>How far were you from the wall? - As far as the wainscot behind you; there was room, for one carriage to pass.</p>
<p>Where was he? - At his own gate; there might be room for two carriages; the whole was right opposite his gate.</p>
<p>Was the prisoner drunk or sober at the time? - I cannot say; he had no appearance of being in liquor;
<persName id="t17881022-14-person183"> William Leadbeater
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<p>WILLIAM LEADBEATER sworn.</p>
<p>I was walking in the King's road, a quarter past ten, on Sunday morning the 21st of September; I saw something written on this Dunn's window, it was</p>
<p>"Pork chops, veal cutlets, tea and coffee;" this young man, the prosecutor, came, and said, what do you read that for, I wonder who will trust him with a pound of pork chops or veal cutlets; the prisoner was coming from the milk-man's to his house; he says, what rascal are you? if you do not go about your business I will kick your a - e; Dunn followed him, and the prisoner turned round, and said, he should not have all the trouble himself, he would meet him; and instead of kicking him, he went into his own house, and brought out an old umbrella; says he, I will take you before your betters, you dog; will not you go with this? says he, why should I? then says Dunn, I will fetch something that shall make you go; he fetched a pistol, and put his hand out, and fired at him directly; I suppose it might be about four feet from him, with his arm; I suppose the pistol might be about a foot and a quarter from his check; he did not present it at him, but only pulled it out, and fired it directly strait at his head, as level as ever it could be; I do not know how it could escape; he said, he loaded it about three months ago, with ball, and he expected to see the man fall dead at his feet.</p>
<p>But from the manner in which the pistol went off, did you conceive there was a ball in it? - I cannot say that I did; there was no appearance of a ball; I thought the young man was dead, but he rather recovered himself; Dunn said, he would go and fetch another.</p>
<p>Are you any judge of firing off a gun or a pistol? - I never let one off in my life; I do not know from the report; I had no other reason for thinking so afterwards, but what he said himself; he said, the piece had never been moved; to the best of his knowledge, since he put a ball in it, that was three months ago; I never saw either of the men before to the best of my knowledge.</p>
<p>PRISONER's DEFENCE.</p>
<p>I stood in my own defence; this man
<xptr type="pageFacsimile" doc="178810220019"/>threatened to knock the down, and afterwards rob me of my pistol; he was rescued by another man of the name of Wise, a milk-man; I told him at first, if he did not go about his business, I would take him before a justice of the peace; he swore he would murder me; had he attempted to go away, I should not have fired at him; but he still was as fierce as a bull-dog; therefore I fired a pistol in my own defence; he accosted me.</p>
<p>Court. But this young man was unarmed? - He offered violence, and bent his fist, and threatened me; I did not know what to do, any further than to fly to my arms; I loaded the pistol myself, to defend my person and property, three months before that, with a ball; and I slept with it constantly. I have been confined in prison four weeks last Sunday, with nothing to lie on but the ground; I have no money, no friends, and no witnesses; I knew a great many gentlemen in town; I think I have done what I had a right to do against any thief or murderer that came to my house; I think every person has a right to guard their own property, and particularly at home against strangers; I told him to go about his business; I threatened to take him before a justice of peace; when I took out the umbrella, which was as much as a bludgeon, he made no defence; when I fetched out the pistol, he never resisted; after I had fired at him, I saw I had not hurt him; I took him by the collar, and one Mr. Wise came and kicked up my heels, and was thrusting his hand into my breeches pocket, where I had a gold locket; I gave charge of the man to the constable.</p>
<p>Court to Leadbeater. Did Everton the baker offer to strike this man, or offer any violence? - He never offered any such thing.</p>
<p>Court to Prisoner. You seem to have been totally insensible of your danger? - Every person has a right to guard their own house.</p>
<p>Court. You have made a fatal mistake in the law, I am afraid? - Let the law take its course then; there had better be no law if that is the case.</p>
<p>Court. Gentlemen of the Jury, the prisoner,
<persName id="t17881022-14-person184"> Richard Dunn
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<persName id="t17881022-14-person185"> John Everton
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<interp inst="t17881022-14-person185" type="gender" value="male"/> </persName> , with a pistol, loaded with powder and ball; three things are essential to this offence; first, that the shooting should be at the person, with a manifest intention of killing him; next, that the pistol should be loaded; and in the third place, that it should be maliciously done; if it was done with a manifest intention of doing a bodily harm to the person, and without any provocation, sufficient to justify such an act; if a person shoots as another, under circumstances which would make it murder, if the consequences of that shooting was the death of the party, then that shooting at him, with a pistol, loaded, and under such circumstances, will be within this act of parliament, but if the shooting was accompanied with circumstances that if it had produced death, would have reduced the crime to manslaughter; then I am of opinion, that it is not within this act of parliament; and that is the only reasonable construction that can be put on the word maliciously; for if we were to receive any stronger construction of the act than that, this monstrous absurdity would follow, that if would be a capital offence if the man was not killed, when under the same circumstances, it would not be a capital offence if the man was killed; under that direction, in point of law, you will attend to this evidence: the unfortunate man at the bar, seems to have been, down to the present moment, from some cause or another, very much misled, and very insensible to his present situation; and not to have considered that his life was in imminent danger, and to have had recourse to no friends; and he is under a fatal mistake in point of law, in supposing that the misconduct, for such it certainly was, in the prosecutor, who behaved saucily and impudently without cause, would justify the killing him; but there is no degree of compassion to the state of the prisoner, can
<xptr type="pageFacsimile" doc="178810220020"/>possibly lead us so far as to give him that indulgence which he has taken in the construction of the law.</p>
<p>
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<interp inst="t17881022-14-verdict71" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Court to Prisoner. You have had a very narrow escape of your life, and are considerably indebted to the clemency of the jury for your acquittal; if they had found you guilty, you must have suffered death for it; for the law does not mitigate an offence of this kind upon any provocation less than that which renders self-defence necessary; I hope therefore, you will in future, correct that mistake you seem to have laboured under, and will restrain your passions within the bounds of the law.</p>
<p>Prisoner. Sir, I would not wish to take any liberties more than necessary.</p>
<p>Tried by the first Middlesex Jury before Mr. RECORDER.</p> </div1></div0>
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