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The King v. Isaac, belonging to the same property, an incorrigible run-away, was found guilty; and being otherwise of bad character, he was sentenced to be transported for life. Mr. Vaughan being interested in the above two negroes, did not preside at their trials. Having resumed his seat,
• Robert, alias Robert M-Kellar, was put into the dock, charged with the murder of Cargill Mowat, Esq., to which he pleaded Not guilty.
• The jury, consisting of the following gentlemen, were sworn: John H. Hay, Esq.; John Hilton, Esq.; H. Gray M.Pherson, Esq. ; Charles Rob, merchant; J. Talloch, Esq.; Thos. Watson, merchant ; Thomas Excell, gent.; John T. Anderson, gent. ; J. Mollison, planter ; A. Dingwall, mason; A. Dewar, ditto ; B. M.Millan, carpenter.
• The indictment being read,
• Mr. Grignon inquired if the owner of Robert had been served with notice?
• Mr. Jackson contended that there was no necessity for a notice to the owner, it was a general gaol-delivery, and not a special slave court; but to save trouble, notice was produced with ad. mission of service by J. Stewart. Mr. Grignon took another objection, and insisted the hand-writing of J. Stewart should be proved, as it might be a forgery. W. P. Walker proved the handwriting.
• Mr. Jackson addressed the jury in a very able and well-arranged speech, commenting on the evidence which he was instructed he should be able to adduce; that the evidence was altogether presumptive, as there was no one who saw him commit the act; but the chain was so complete, that it left not the smallest room to doubt. But if there had, his own confessions, which he made in more instances than one, would completely establish the fact. The witnesses were then called.
• Dr. Gordon sworn.--Deposed to his having been called in, with Mr. Downer, to where Mr. Mowat was lying; he was not dead, but no pulse was perceptible. As the stocking of the deceased appeared to have been torn, the shoe off, the ancle
rubbed, he thought he had been thrown from his horse, which he gave as his opinion to the coroner's inquest.
Mr. Thomas James Bernard sworn.-Deposed to his finding Mr. Mowat lying speechless on the road, and the apparent indifference of Mr. Mowat's
negroes. • Thomas Cawley, carpenter on Anchovy Bottom estate, sworn. Saw the prisoner at the bar at Anchovy Bottom on the 25th February ; prisoner asked deponent to wind up his watch for him ; the watch is the same now in court. He knows it, having remarked that the hour-hand was very close the dial-plate. Asked prisoner where he got it, who answered, that he purchased it for a doubloon and a half in Kingston. Wound it up, and gave it back to him. He said, of his own accord, that he had just come from Rock Pleasant (Mr. Mowat's place); he was not dead when he left it, but would be so by that time.
• R. F. Downer, Esq., sworn.He is uncle of the deceased. Knows the watch; it was Mr. Mowat's, and had been his father's. The seal was given to Mr. Mowat by his sister. Purse produced. Deposed as to the purse being Mr. M.'s, but would not be positive, Knife produced. Knows it to be Mr. Mowat's.
· Hyacinth Cunniffe sworn.- Is overseer of Cornwall estate. He deposed as to his apprehending Robert at Cornwall. Saw him with the watch ; put him in the stocks, and sent him in the evening to the workhouse.
• William Wiggan Ball sworn.--Was present when prisoner came to the workhouse; he had been there twice last
He said to the prisoner,“ Well, I see they have brought you back here “ for your fun” (meaning tricks). Prisoner answered, “I can't help “ it. I know what I have done now; I shall be hanged for it.” He told his father what the prisoner had said.
· Catherine Campbell, the hothouse (hospital) woman at Cornwall, having been examined as to her knowledge of the nature of an oath, gave satisfactory answers, and was sworn. Deposed that prisoner gave her the watch, and told her never to part with it, she must hide it, and never let any one know of it. When he was put into the stocks she offered him the watch hack, but he would not take it. Fortune, who took the prisoner to the workhouse,
came back to Cornwall, and said they would not pay him for taking up prisoner unless she gave up the watch. She gave it up. Saw prisoner with the purse; saw him tear it up, and put it into a hole; while in the bilboes she took it up, and gave it with the watch to Mr. Crerar.
• Mr. Downer called up by the Jury. “ You stated that you were “ with Dr. Gordon to view the body: Did it occur to you to look “ for the watch ?" “ It did; I looked for it immediately, and “ missed it.”
Sydney, a negro belonging to Mr. Mowat.--Saw the prisoner on the morning the accident happened to her master. Saw him with a hatchet in his hand; said he had done the job, but did not know what job he meant. Says, prisoner had the impudence to say William Buchanan gave him the hatchet to do the job.
• William Buchanan, belonging to Mr. M., says, he met prisoner on the morning of the accident. Saw him with the hatchet; knew it to be his own. Does not know how the prisoner got it. Prisoner told him he had done the job, but that he had not chopped him; he must never use the hatchet again. Took notice of prisoner's clothes ; his knee had blood on it, and was dirty. Prisoner was sweating ; his frock was bloody. The hatchet produced is the same he had ; marks of blood upon the hatchet. Prisoner had Mr. M.'s watch at the time, and his purse. He did not ask him any questions, as he was afraid of him. As he knew he is of a very violent temper, he suspected he had been doing mischief to his master.
• Stella, a negro belonging to Mr. Mowat, says, she heard Sidney and Flora talking to prisoner about their master over night. Heard prisoner, next morning, say that he had met with Mr. Mowat, whose horse was plaguing him; that he asked prisoner to hold his horse. That prisoner asked him if he knew who he was talking.to last night? Her master answered, Yes! That then prisoner said he struck him with the hatchet; that Mr. M. called out, 'Do, my good negro, don't kill me.' Ellen said, 'Aye, he will know now · who is his good negro.'
• W. B. Walker sworn.-Knife produced is the one he took. from the prisoner.
'G. C. Ricketts sworn.--Was present at the confession of the prisoner ; he was advised not to say any thing to criminate himself, but he persisted. The confession was taken down at the time.
• Thomas Philpotts, Esq., sworn.— Took down the confession of prisoner; is in Mr. Philpotts' hand-writing. Advised him not to make it, as it might injure him, but could not be of any advantage to him at his trial. He persisted in confessing.
• Case closed on the part of the crown.
• Mr. Grignon, in defence of the prisoner, commented on the evidence at great length, and quoted the maxim, that it is better for ninety-nine offenders to go unpunished than one innocent person to suffer.
• The court summed up the evidence as follows :
• The court, in its charge, said, the law had been very ably laid down, and the evidence was very full and clear; and nothing was left to the court but to make remarks and comparisons on certain parts of the evidence.
• There is no direct proof of Robert, or any person, having committed the murder; and if he is guilty, the proof rested on circumstantial evidence and his confession.
• The first consideration is, whether there were any predisposing causes to incline the prisoner to commit an act of violence on Mr. Mowat, and there were many very strong ones.
That Mr. Mowat turned him off his property ; his violent temper; his being accessary to a conspiracy which had existed among Mr. Mowat's negroes, and the appeal made to him; and the unwillingness shown by Sidney, one of the conspirators, to give evidence, &c.
• The next consideration is, what was the cause of Mr. Mowat's death? The medical gentleman had supposed it may be the consequence of a fall from his horse, and his being dragged; but he would not account precisely for the accumulation of blood in his neck, and for that which came from his body. Both, however, are clearly accounted for, and to have arisen from personal violence, by the prisoner's confession, which states that a blow with a hatchet was given on the back, and another on the side. It
stated also, Mr. Mowat was attached to the horse and dragged, to give the appearance of his death being occasioned in that way.
• The last question is, whether the guilt of the act attaches to the prisoner? This is made probable, and supported by his possessing all his property, such as his pocket-book, watch, purse, and knife, and also the hatchet, which was the instrument of his death; it is also supported by the blood and dirt on his clothes.
• The court stated, that if there was a doubt of the evidence of Mr. Mowat's negroes, there was none in regard to the correctness of that from persons at Cornwall estate, from Mr. Ball, and of part of his confessions.
• The court further stated, that Robert's confession must be viewed with indulgence; but it must be admitted to full credit, when corroborated by other evidence, which it was in most material points, while the object of the confession was eridently to throw guilt on another. That part stating the hiding of the hatchet is clearly false, and much against the prisoner.
• The court gave it as their opinion, that the circumstantial evidence was conclusive, and that he was guilty of murder.
. The Jury, without leaving the box, returned å verdict of Guilty
The presiding judge then passed the following sentence :—That the said negru-man slave, Robert, alias Robert M.Kellar, be taken from hence to the gaol from whence he came, and from thence to be taken to the place of execution, on the day and time to be appointed by his Grace the Governor, and there be hanged by the neck until he be dead.
• The trial lasted upwards of six hours, and a more patient in-* vestigation could not have been had. We have seldom witnessed a more hardened villain than the prisoner ; his situation seemed not to have made any impression on him, and he was laughing a considerable part of the time. He has, since his trial, made a full confession of his guilt, and accuses the greater part of Mr. Mowat's people as being accessary before the murder; acknowledges he de. serves his fate, but it is liard to be hanged by himself, as they are equally guilty