From the Kentish Gazette 5 June 1838.

Full Particulars, up to the latest hour last night, of the conflict between Sir William Courtenay and a detachment of the 45th Infantry, in the Blean Woods, near Canterbury, on the 31st of May; and the evidence adduced up to the same period, at the Inquests upon the bodies.

It is now six years since the individual, whose death has entailed misery and ruin upon the families of a large body of agricultural labourers, first made his appearance in the county of Kent.

His assumption of the Devon Peerage, and his claims to other titles and property, together with his reported wealth, the narratives of his Palestine pilgrimages, his magnificent and costly Eastern mode of dress, his manly and elegant figure, his impressive countenance, and his dauntless spirit, induced people of every grade to look upon him as a man of "more than common cast."

It would be needless to enter into a recapitulation of the eccentric man’s life during the few month’s he sojourned in the city of Canterbury. His contest for parliamentary honours in opposition to the Hon. Rd. Watson and Lord Fordwich, proves that, however well qualified for winning the golden opinions of the poorest and most ignorant, art and study, or a close observance of human nature, had endowed him with a tact which made him estimable in the eyes of the better educated, and enabled him to ingratiate himself into the good opinions of the learned by an originality of idea, a brilliancy of conception, and a fluency of choice and classical language. These distinguished acquirements carried public opinion in his favor even among the most sceptical, and from his friendly disposition to the poor, and general urbanity he dwelt in the hearts of all men, until the wildness of his schemes to retrieve, as he said, his lost property, and the exposure of the deceit and falsehood which he practised, overwhelmed him suddenly with disgrace and infamy.

We subjoin a brief notice of his early connexion with Canterbury:—

Sir W. Courtenay first appeared in Canterbury in the Michaelmas of the year 1832; and the first rumour was, that an eccentric character was living at the "Rose Inn," who passed under the name of Count Rothschild, but had been recently known in London by the name of Thompson. His countenance and costume denoted foreign extraction, while his language and conversation showed that he was well acquainted with almost every part of the kingdom. He often decked his person with a fine suit of Italian clothing, and sometimes with the more gay and imposing costume of the eastern nations. In December of the same year he surprised the citizens of Canterbury by offering himself as a candidate for the representation of the city in parliament, and created an entertaining contest for the honour long after the sitting candidates had composed themselves to the delightful vision of an unexpensive and unopposed return, he was also a candidate for the eastern division of this county, but polled only four votes, the county voters having derived a lesson of wisdom from the sad effects of his former freaks and follies. After striving in vain to possess himself of a seat in parliament, at least a return of having been elected for one, the adventurer appears to have studied with much more ardour and vigilance than before to captivate the affections of the lower orders in the city. He made it known that his condescension was as great as his rank and wealth, and that he should be willing to accept of invitations to visit the humblest families — to eat and drink at the peasant’s and the labourer’s table — to make one of a larger or smaller party at the lowest public-house, — to enrol his name in the meanest society, and to have it published abroad that Sir William Courtenay preferred being the companion of the cottager and the friend of the poor. It is easy to conclude that such intelligence charmed a million hearts, and obtained entreaties for his company from every quarter. So numerous were his engagements, that he was obliged to run or ride from house to house, taking a slight repast at each, and generally concluding the day at a banquet prepared by a number of his new friends in some club-room.

During the whole of this period, the excitement produced by Sir William was beyond conception. He set at defiance the civic authorities, and the Mayor and Magistrates of Canterbury, although professing popular principles, were obliged on one occasion to seek safety in military aid.

Shortly after this he got into a more serious difficulty, by interfering in behalf of a party of smugglers who were captured and conveyed to Rochester for examination. The outline of this affair is as follows:—

In the month of February an action took place between her Majesty’s sloop Lively, a revenue cruiser, and a smuggling boat called the Admiral Hood, near the Goodwin Sands, which ended in the capture of the latter, which, with the crew, was taken to Rochester for adjudication. On boarding the smuggler no contraband goods were found; but, during the chase, she was distinctly seen by the Lively throwing tubs overboard, and some of them were marked and picked up by the crew of the cruiser. On the examination of the smugglers before the magistrates at Rochester, Sir William Courtenay made his appearance, attired in a grotesque costume, and having a small cimetar suspended from his neck by a massive gold chain. On one of the men being examined. Sir William became his advocate; but the man being convicted, a professional gentleman from London defended the next, and Sir William presented himself as a witness, and swore that he saw the whole transaction between the Lively and the Admiral Hood, and was positive that the tubs, stated to have come from the Admiral Hood, had been floating about in the sea all the morning, and were not thrown overboard from that vessel. The object of this statement was evidently to prove that the Admiral Hood was not a smuggler, and consequently to procure the liberation of the men. The solicitors for the Customs, having undoubted evidence that this testimony was false, determined to proceed against an individual who had been guilty of such a public and daring act of perjury. The trial came on at Maidstone, before Mr. Justice James Parke, on the 25th of July, 1833, when he was found guilty of wilful and corrupt perjury, and sentenced to imprisonment in gaol for three calendar months, and at the expiration of that term to be transported to such place beyond the seas as his Majesty, by and with the advice of his Privy Council, should direct, for the term of seven years. Before, however, the three months’ imprisonment had expired, it was found that Sir William was completely out of his senses; the sentence was annulled, and he was sent to the Kent Lunatic Asylum at Barming, where be has been confined until a few months since.

Whilst at Barming-heath his admirers, particularly among the poorer Classes, seized with avidity all tidings of him. They supplied him regularly with every necessary and luxury, and contributions were made weekly for his maintenance in a style befitting his exalted situation in life. A few months only were suffered to elapse ere addresses, memorials, and petitions, praying for his le-lease, were forwarded to the Government. After a detention of four years, Mr. Toms, of Cornwall, the father, and Mrs. Toms, the wife of the self-dubbed Knight of Malta, applied for his release, and on the father offering to be responsible for his conduct, and to be bound to take care of him. Lord John Russell directed the case to be inquired into, and reported to him. The surgeon represented that, although of unsound mind. Sir William was not a dangerous madman, and the Home Secretary signed his order of discharge from confinement. With old Mr. Toms' acquiescence, his son paid a visit to Mr. Francis, of Fairbrook, near Canterbury. The Knight domiciled with the family, and they lived very comfortably for several months. Sir William amusing himself by traversing and exploring the immense woods which intersect — nay, almost cover — that part of the country. At length a rupture broke out between the friends, on the subject of his parentage and prospects; and he was, ultimately, ordered to quit the house. This he did, and his clothes and property were conveyed to another destination, and then removed to Bosenden, the residence of John Culver, where Sir William took up his abode. He now paid frequent visits to the husbandmen of the neighbourhood. It may be scarcely credited, but the influence which he obtained over the agricultural laborers was not merely the result of his complacency.

He interlarded his conversation with stories of his Divine agency — affirmed himself to be the Redeemer, and that the eternal happiness and misery of mankind was at his direction. In conversing upon these topics he threw into his manner so much earnestness and wildness, that the ignorant audience, if they felt any doubt of his superhuman power, did not venture to express it. Whether at this time he entertained the projects which his partisans have declared he subsequently conceived is a matter of doubt — and it is much to be questioned whether he would have gone farther than proclaimed himself a Supreme Being, and have exacted implicit obedience from his misguided friends, had not some of the more respectable inhabitants of Boughton and the adjacent parishes, and also of Canterbury, become objects of his wrath from the persecutions and degradation he fancied he had received at their hands.

One of his hands had been lacerated years back by some accident, and he Converted the circumstance into a corroborative proof of his story. Me pointed out the scared wounds, and solemnly affirmed that they were the marks of the nails which pierced him when he suffered for their sins on the Cross. Another wound in his side he exhibited at times, as proceeding from the spear with which the Roman soldier thrust him. He pronounced himself invulnerable — neither sword nor gun-shot could injure him, and that he was two thousand years of age. That he could render all who believed and obeyed equally impervious to outward assault; and that if he permitted himself to be slain at any time it would only be to show that he could of himself rise again. Nor was this all; — one evening, when he was in the midst of his followers, and had been lecturing them upon spiritual subjects, he went to the door, and calling their attention to his movements, pointed out the north star. To convince the unbelieving, who had as yet seen none of his works, he said he would shoot the star with his pistol, and it should drop into the distant ocean, he accordingly fired, and his fanaticised audience stood in mute astonishment, and on recovering their breath, exclaimed they had seen it fall!

We could multiply these instances, but they are heartrending and sickening to the well-informed mind. We shall relate but one more, and this we shall do, because up to Saturday night his followers obstinately persisted in its belief. To introduce the incident here is somewhat out of the order of events, but as connected with the subject of our present paragraph, we append it. Previous to the conflict with the soldiers, Sir William stated to the persons who assembled round him at Bosenden farm, that if he fell in the engagement, some one must immediately pour water upon his lips. It would be an act of special grace for any one to be suffered thus to treat him, and would bring down heavenly blessings upon the favoured individual. The application of water to his lips at this important crisis, would preserve him from mortal death, and, he should rise up again and live amongst them, even though his body had been cut to pieces by his enemies. Sarah Culver, the daughter of the farmer at Bosenden, actually walked a distance of half a mile with a pail of water, which she poured on his lips and stanched his wounds with, as he lay dead on the field of carnage. His surviving followers remain firm in their expectation that as his behest was complied with, he will rise again, and appear a Saviour and a King amongst them, either on the third or seventh day.

Such was the enthusiastic and fanatic state, to which he had wrought the minds of upwards of one hundred persons previous to the day of his death.

We shall now trace his conduct from the Sunday which commenced the week of his outrages. He had won to his interests many, not merely labouring men, but small farmers — and persons doing well in the world. It has been said that his partizans were men suffering from the operations of the New Poor Law Act, and that their distresses drove them to acts of rebellion. This is not true. We cannot on inquiry find that a parish pauper was of this party. They were all in full employ. Wills, who seconded Courtenay with so much resolution at the fight, lived in a good house at Fairbrook, has property of his own, and farms a small portion of land. Wraight, who is killed, occupied sixty acres of land — eighteen of which were his own property — had a team of horses, and was doing prosperously. Foad was well off, and was much esteemed by his wealthy neighbours; and several, or nearly all, were in the employ of excellent masters, and had been so for a series of years.

On Sunday Courtenay visited Wills. In the afternoon he had tea at Kennett's, a labourer’s, at Dunkirk, at the foot of Boughton-hill. After tea he preached a sermon to a large party of his followers, one half of whom were women. On Monday he was in the neighbourhood of Boughton, and was met by small parties of labourers, with whom he conversed earnestly and shook hands. A numerous party of people of both sexes, visited him at Culver’s, at Bosenden, by invitation to tea on Monday evening.

On Tuesday morning, early, Courtenay met a party of fourteen or sixteen unarmed men, residents of Dunkirk, and proceeded at their head through Boughton, calling at Mrs. Palmer’s, a strong partizan, and other shops, and purchasing bread and cheese. They then marched to Wills's, at Fairbrook, from which place he sent for a pound of tobacco and beer for the men. Here the party regaled themselves for two or three hours, and several flocked to his standard. When at Boughton he was attired in a shooting jacket, but having mustered a company of determined and powerful men, to the number of between forty and fifty, he bedecked himself in the showy vestments with which he had aforetime imposed upon and deluded the citizens of Canterbury. His "gold"” chain and glittering orders were exposed, and his pistols and dirk were stuck in his belt.

They then proceeded to Graveney, and at a bean stack a loaf was broken asunder and placed on a pole. Thence they proceeded to Goodnestone, near Faversham, producing throughout the whole neighbourhood the greatest excitement, and adding to their numbers by the harangues occasionally delivered by this ill-fated madman. At this farm Courtenay proclaimed that he would "strike the bloody blow," and introduced a bundle of matches into the stack, but which fortunately did not ignite. It is uncertain whether he intended to fire the stack at that moment, to infuse terror in the neighbourhood, or whether his conduct was directed by a desire to show to his party that he should not hesitate to have recourse to the most outrageous acts to promote his views, and that he considered himself superior to mortal vengeance or human retribution. It is reported, that this and other stacks were to be lighted as a signal to confederates who had not yet joined his standard on the flag of defiance having been unfurled, and that all who did not wish to be victims of his desolating power, or who desired to aggrandize themselves by the ruin of others, must, at once, declare in his favour. Certain it is, that mysterious threats and imprecations were chalked on the walls and gates in the adjacent country, foretelling the arrival of a day of devastation and bloodshed, when the fire of the Lord should be kindled, and the enemies of godliness and the oppressor should meet with the just reward of the wicked. The Union workhouses were to be opened, and the inmates released, and the wails razed to the ground. Many of the active officers of justice were to be immolated — an instance of the cruelty to be proclaimed was witnessed by the murderous and barbarian like treatment received by the constable on the following Thursday — and the lands and possessions of the despoiled were to be distributed among his followers. Several of his active and zealous attendants were already, by promise, rich and great men. To some he had allotted farms — to others, treasures — and the rewards to all were to be measured by the daring and firmness they evinced to his cause. None appear to have questioned either his ability or right to rob, and destroy, and murder. He had in repeated instances exhibited his Divine origin, and it was not for them to dispute the behest of a man with whom, by an unaccountable fascination, they had leagued.

They next proceeded to a farm at Herne-hill, where Courtenay requested the inmates to feed his friends, which request was immediately complied with. Their next visit was at Dargate-common, where Sir Wm., taking off his shoes, said, "I now stand on my own bottom." By Sir William’s request his party went to prayers, and then proceeded to Bosenden-farm, where they supped, and slept that night.

On Wednesday morning the party left Bossenden. They had slept all night in a barn, where a guard had been kept over them to prevent intrusion. At three the band left the barn, and passing through Brighton, Ospringe, Greenstreet, Bapchild, went to Sittingbourne, and breakfasted at the "Wheat Sheaf." By Courtenay's orders all the men were armed with bludgeons; he himself being laden with pistols and a dirk. A white flag, bordered with blue, and bearing the device of a lion rampant, was borne in front of the procession. For the breakfast Courtenay paid 25s.; and shortly afterwards his party increased to nearly a hundred strong. From Sittingbourne they marched to Newnham, again partook of refreshment at the "George." Courtenay asking the labourers as they passed to join his ranks, — as he would provide them with provisions and money From thence they directed their course to Doddington and Eastling, over Throwley Forstall and Seldwich Lees, through Lord Sondes’ park to Sellinge, and rested in a chalk-pit belonging to Mr. Clackett, at Gushmer. Having stayed here two or three hours they formed its rank at the sound of a bugle, and proceeded back, passing at the foot of Boughton Hill, returned to Culver's house, at Bossenden. This round was a distance of about 30 miles readied Culver's at about five o'clock. They had now about sixty in company, who had supper at Culver's. A grey horse, on which Courtenay had figured at Canterbury during his better days, was led in front of the party by Tyler. The brute is a most vicious one, and none but Courtenay dared to mount him.

In the evening, at about nine o'clock, Mr. Curling, of Herne-hill, a respectable farmer, went from the "George Inn" at Boughton, to Culver's house, to inquire after some of his men, who had left his employ. On reaching Culver's house he was hailed by Sir William walking in the garden. He demanded, in a very authoritative tone, "What do you want?" Mr. Curling replied, "I'm looking after some men who have run away from my service." He rejoined, "We have none of them here and after a few more words Mr. C. left and returned to the "George."

The magistrates having granted a warrant to Mr Curling to apprehend his men, supposed to have joined Courtenay's party, he put it into the hands of Mears, the constable, who on Thursday morning proceeded to Culver's residence to execute it.

The circumstances attending to the death of the constable will be found in the report of the inquest on the body. We shall, therefore, make no further reference to the horrid and brutal murder here, but proceed to detail the occurrences which subsequently transpired. On the two assistants escaping, they applied to the magistrates for aid, which was promptly rendered. Courtenay had an interview with this force near the ozier bed and exchanged fires, and madly exposed himself to three shots returned to his men, and exclaimed, "You see, nothing can touch me I am proof against steel and bullet." The magistrates offered a reward for his capture but no one ventured on the dangerous undertaking. Expresses were sent to Canterbury for the military; and after considerable delay, a reinforcement arrived.

Courtenay had now left the ozier bed; his party carrying oak boughs over their shoulders, and proceeded to Mr. Francis's. Here he demanded gin and water for his men, but on the suggestion of Mrs. F. that beer was their more usual beverage, he desired they might be supplied with it. He took gin and water himself. After a long lapse, it was reported that the military were sent for and he drew off his men towards the woods, and took his station in a thick jungle. This position was admirably adapted for Guerilla warfare. They lay on the side of a gentle slope, hid in underwood of four or five years’ growth. In their front the base of the hollow was comparatively clear, only a few oak stems and low shrubs growing on it: whilst on each flank and behind him the wood was almost impervious. About a quarter of a mile in his rear was Culver's house. The men lad down in the brushwood, and the only sign of their temporary habitation was the occasional shaking of the boughs as they crept about to communicate orders.

From whatever cause Sir William chose this spot, he could not have selected one more easy of defence had he permitted his friends to use fire-arms. It is said he had aforetime had the place pointed out to him as where the Danes fought a sanguinary battle, and he intended it to become celebrated for the defeat of a military force by a body of unarmed peasantry. At two o’clock a division of the 45th marched into the dingle, accompanied by Dr Poore. N. Knatchbull, esq. W. H. Baldock. esq. R. Halford esq. and other gentlemen. The military formed a double line of fifty, extending across the bottom, and on the Church wood side of a rivulet dividing it from Bosenden, and within twenty or thirty yards from Courtenay’s band. Ten rounds of cartridge were served to each man and they were ordered to load. During this operation Sir William's party lay perfectly quiet, and whilst the soldiers were waiting for "the word." Courtenay thrusting his scimitar into the long grass, took up a bludgeon, and advanced towards them. At the same moment Lieut. Bennett advanced from the ranks, stepped over the rivulet, and in disobedience of the order of his superior officer to "fall back," still approached to Courtenay. It was at this moment he met his death. The tragic scene is related in the examination at the inquest.

We visited the spot on Saturday. It is a sweet, secluded and romantic glen — the hills mantled with luxuriant shrubs rising with a gentle ascent on all sides, the approach is by two roads each of which the military took. At the bottom of the glen the brushwood has been cleared away, and the view until the eye rises to the elevated ground is uninterrupted and picturesque — oak trees overtopping the copse at short distances throughout the whole extent. The long grass where Courtenay and his band were concealed is bent by the recumbent posture they assumed. The scene of the conflict is still more distinct. The grass as if in sympathy with those who so lately encumbered it with their inanimate and ghastly forms is dead or withering away. Pools of blood met the eye in various directions. The twigs of the saplings and the smaller branches of the underwood are split and riven by the bullets of the musquetry, and the stems of the oak show by their multifarious incisions how sharp and close was the firing. Where a few days ago the shouts of rebels and the report of deadly musquetry were heard - now nought only reached our ear but the gentle swelling of the zephyrs, and the melodious and shrill warblines of the woodland songstresses.

The conflict lasted but a few minutes. The fall of Mr. Bennett was the signal for a general assault by the military, and Courtenay fell next by a ball which penetrated his left shoulder. He fired a second pistol, but whether it took effect has not been yet ascertained. His attack was resolutely supported by his followers, who abetted him with a daring and determination worthy a better cause. On seeing their leader fall they fought desperately, and, notwithstanding the deadly weapons with which they were assailed, they rushed forward to the muzzles of the guns, and attempted to beat them down or to wrest them away. The steady fire of the soldiery however, was too effective, and after seven of the party had been stretched dead on the field, and a greater number wounded, they took to flight.

The soldiers immediately ceased to fire, and the special constables, lushing forward, made several of the band prisoners. The dead were picked up and laid alongside the bank of the rivulet, and the wounded were conveyed, with all imaginable speed, to Boughton.

Courtenay was attired in a mackintosh, with abroad leathern-belt — wore thick overalls on his trousers — had a yellow handkerchief round his neck, and a white straw-hat. His beard and his hair was long, and several of his followers were allowing their beards to grow after his example.

Of the civil force one only was killed, and whether by Courtenay's second pistol, or by a musket-shot, is not ascertained. His name is George Catt, He lived at Faversham, and kept a beer-shop. He was a powerful man, and was supposed to be rushing towards Courtenay, when the shot passed through his head and killed him instanteously.

Several of the military were bruised with the bludgeons, but Lieut. Bennett was the only one shot. This young officer had seen some service in the Burmese war; where, it is said, he distinguished himself. He had only lately obtained his lieutenancy, and a few days before his death had returned to the regiment on the expiration of a leave of absence. His father is an unattached officer, living in Ireland. The company to which he was attached was not ordered on the mournful duty, but he volunteered his services, and strongly pressed for permission to be of the party. We know not with what truth, but it is reported, that one of his brother-officers remonstrated very strongly with him against going on the expedition, because he had dreamed that he (the Lieutenant) had been shot.

The body of the officer was conveyed by the soldiers to the "Red Lion," and the bodies of Courtenay and his comrades were carried to the same place, and laid in the stable. On the following day a cast was made by an Italian tarrying in Canterbury of Courtenay’s head, when his fine flowing beard and glossy locks were shaven off.

The body was afterward removed to the house, where it underwent a post mortem examination. The medical gentlemen gave the following report of his wound.

The ball entered in front of the joint of the left shoulder passed along under the collar bone, fracturing the first rib, then through the upper part of the left lung, through the spine, crushing the second dorsal vertebrae, through the right lung fracturing the second rib on the right side of he chest. Here the ball took a backward and downward direction, making its escape from the back just below the right shoulder-blade.

There was a quantity of extravasated blood on the head above the forehead supposed to be occasioned by

the blow struck by Milgate. He had also a bayonet-would on the cheek and a slight abrasure of the skin on the left hand. His skin was delicately fair, his body very muscular, and his hands and feet particularly small. There was a great thickness of fat on the internal parts of the body, and his heart was unusually large. After being deprived of his hair, it was difficult to recognize any of his features. Such was the anxiety to possess something belonging to Courtenay, that his beard was clipped, and the buttons torn from his clothes, and his shirt nearly stripped from his back before he was conveyed off the field of battle.

There was nothing very remarkable in the other bodies. They were clothed in husbandmen's attire, and their features gave no clue of the agony they must have suffered for the few moments some of them survived their deathblow.

The body of Lieutenant Bennett lay at the public-house until the next evening, when it was conveyed in a hearse to the Canterbury barracks. His fate is universally lamented. He was a very fine-looking young man, and an only son. He has died with the reputation of having been an excellent officer and a perfect gentleman. The shot which killed him made but a slight puncture in entering his right side, but created a dreadful laceration in passing out on his left. To look upon his body and behold it penetrated by the mortal wound by which he died, and perceiving also that the wretches who had murdered him had, in the rage of the moment, inflicted a severe blow upon his left temple, one was inclined in grief and agony, to heap curses on their heads. By this selfish and base outrage they brought death to many of the ignorant, murdered so brave and kind-hearted a gentleman as Lieut. Bennett, and entailed misery upon his family, his connexions, his brother officers, and upon every one who was acquainted with him.

Another man was discovered in the woods on Saturday. He was wounded by a bullet, which passed thro’ his throat and out of his mouth. Three men were reported as found on Sunday; two of them dead. Baker died on Saturday. Thirty one of the band resided at Herne hill. Several of the party are still missing; and their friends are scouring the woods in search of them.

Various causes will be assigned for this riot, and the rioters were not all actuated by the same motive. That some of the poor wretches believed Toms, alias Courtenay, to be Jesus Christ, there is no doubt whatever; numerous instances can be furnished to prove it; nor is it at all doubtful but that revolution, or rather the war of the poor against the rich, to obtain by force a share of their property, influenced others — and this feeling is deeper-seated amongst the agricultural population than many persons are disposed to believe. The prevailing sin of ingratitude was never more strongly exemplified than in the threatened murder of the bailiff, at Dargate, who, for a great length of time, has paid the labourers good wages, and has always been ready to recommend an addition to the price of piece-work agreed on, if the job proved a hard one. In cases of sickness, or when the men were otherwise prevented from working, he was always ready to plead their cause and describe their necessities: and yet these very men not only knew of Toms intention to murder him, for having declared him to be an impostor and madman, and for endeavouring to dissuade them from this delusion, but actually stood in deliberation (within sight of him), as to the fittest time for Toms to execute his purpose and to destroy the premises.

The eloquence of the madman was captivating, and many who heard him have declared that they were nearly carried away by it, against the conviction of their reason.

It is a fact that Nicholas Mears, the man who was murdered by Courtenay, was so strongly impressed with the certainty that Courtenay would kill the first who should attempt to take him, that when he and his brother were proceeding to the fatal spot, he said to his brother:— "It is certain one of us must die in this attempt; which shall it be:" and then almost immediately said, — "It shall be me — I shall not leave any children." He also bade an affectionate farewell to his wife in the morning, and said he did not like the business he was going on, and that he would rather go anywhere else.

It is known by the friends of George Catt, that it was his intention to have pinioned Courtenay — and that it was in pursuance of such intention that he availed himself of the opportunity of rushing at Courtenay the instant he had fired his pistol, and thus exposed himself to the fire of the soldiers. It is eagerness and intrepidity had been previously noticed by the magistrates, and which, most likely, accounts for his being described in the papers as a constable.

Twenty-five of the prisoners were confined in Faversham gaol on Friday night, fourteen of which remained until Monday.

On Saturday, late in the evening, two country youths found a haversack, belonging to Courtenay. There was in it a pistol heavily loaded, a small hatchet or tomahawk, and other articles. It was lying a distance of forty rods from the scene of action. The pistol, with which he killed the officer, has not yet been produced. On Sunday thousands of people visited the scene of action, and it was reported that two bodies and a wounded man had been discovered. There are still five or six missing. Of those engaged, thirty-one were Herne-hill men.

Previous to Mears’ death Courtney addressed his men at Culver’s, and said to them, "This is the day of judgment — this is the first day of the Millennium — and this day I will put the crown on my head. Behold, a greater than Sampson is with you! If any of you wish to go home, you may have my permission to go; but, if you desert me, I will follow you to the furthermost part of hell, and invoke fire and brimstone from heaven upon you!"

During the whole period of the inquiry, the village of Boughton was in the highest state of excitement and bustle. On Thursday a detachment of military were present as guards over the prisoners. Vehicles of every description, and from all parts, were rapidly passing to and fro; the connexions of the deceased' were lamenting their untimely end, and constables and specials were in attendance, bruised, maimed, and bleeding.

The attendance of reporters for the press, from London, Canterbury, and other places, was very numerous, and the utmost attention was paid to their accommodation both by the magistrates and the coroner.

Sir Edward Knatchbull, one of the county representatives, attended the inquest on Saturday; and afterwards swore in a large body of special constables. Several thousands of persons visited the scene of action on Sunday.

The tragic affair has been brought before both houses of Parliament; in the lords by the Earl of Winchelsea, and in the Commons, by Mr. Plumptre.

The following lines are said to have been found in Courtenay's pocket. They are in a female hand:—

"Is it a delusion? No, its peace I hear

"As yet welcome sweet guest

"A passing spiriet softly wispers

"Him safe from harm—and when

"The loud clash of War’s alarm attacks

"Him and boasts the tyrants proudly

"Round him still his manly heart

"Shall know no fear—

"Then sink not oh! my soul nor

"Yeald to sad despair, the cause is

"Great that calls thy Lord away

"A sinking spiriet and a silint

"Tear but ill becomes the child

"Who from the bonds of Satann

"May go free."

INQUEST ON MEARS, THE CONSTABLE.

On Friday morning. Mr. DeLasaux, the Conner, held an inquest on the body of Nicholas Mears. The Magistrates present were — Rev. Dr. Poore, N. Knatchbull, Esq., and W. H. Buldock, Esq.

The first witness was John Mears, brother of the deceased. He said, I am a constable of Boughton, and yesterday morning I went to Bosenden to execute three warrants, to apprehend William Courtenay, alias Toms, William Wills, and William Griggs. I went in company of the deceased and Daniel Edwards to Culver’s house. Saw William Price, William Burford, Thomas Mears, alias Tyler, and several others. As he approached near to the house he saw Courtenay. Heard some one say "Is that them," but heard no answer. Courtenay approached, and asked who was the constable, and his (witness’s) brother said "I am." Courtenay put his hand forward, and presenting a Pistol, fired it, and shot him. Courtenay then struck at witness with a dagger, but he fell back and escaped. Deceased said "oh dear!" and held himself up by the hedge for a few moments. Courtenay in running after witness stumbled, and that circumstance witness escaped. Edwards was with him; there was a crowd of ten, fifteen, or twenty persons present. He (witness) then went to Faversham, and obtained warrants against William Courtenay alias John Toms, and the others named. He could not recognize more. He then went to the Magistrates for assistance to apprehend the parties. Dr. Poore and Norton Knatchbull, Esq., with a great body of persons, accompanied him back to the place. They went to Fairbrook field, where they understood the party had assembled. He could here only recognize Courtenay, who had forty or fifty persons with him armed with bludgeons.

In answer to a question by Dr. Poore:— Saw to flag.

Re-examination continued:— Saw Major Handley, and his brother, the Rev. Mr. Handley, pass near the spot at which the rioters had assembled by the ozier bed. Courtenay presented a pistol or something at them; he heard a report, and saw a flash from it. The murder of his brother was committed in the early part of the morning, about six o’clock. Saw William Wills at the ozier bed, and Tyler also. Had not seen Wills in the morning. Will is a labouring man: there was nothing in his hand. Tyler had a bludgeon. They followed the party to the tile-kiln leading towards Bosenden. He (witness) went to the "Old Red Lion" public house on the turnpike road, and there met a body of soldiers. Courtenay’s men walked in procession in military order, under the direction of Courtenay, and formed to the sound of bugle. They marched towards Mr. Francis’s house. Could not see if they went into the house. They turned round the woods into Bosenden, to which place witness accompanied Mr. Knatchbull and the soldiers. There was about fifty soldiers up the lane. The Magistrates divided themselves among the companies of soldiers. As they proceeded up the lane they heard a noise in the woods, and immediately turned up a pathway leading through. Having proceeded nearly half a mile they saw a body of men. Could distinguish Courtenay, the two Wraights (the elder of which is dead), Alexander Foad, Thos. Tyler or Mears, William Wills, George Branchard, William Rye, — Spratt, Edward Curling, Phineas Harvey, William Burford, and ---- Griggs. Witness did not recognize any others. Courtenay had a pistol in his right hand. One of the military officers approached to arrest Courtenay, who beckoned to his men, and said "Come on." Sir William presented the pistol, and immediately fired at the officer and killed him. The officer, as he was falling, appeared to strike at him with his sword. They were not a stride apart, when the pistol was fired it almost touched the officer. The sword struck Courtenay on the head. Heard an order given for the military to fire, which they did. Wills was very active in assisting and defending Courtenay. He had a bludgeon in his hand, with which he struck about him. The whole party came forward after the firing, and attacked the soldiers and the civil force violently and with resolution.

By Dr. Poore:— I heard Courtenay say to his men, "Follow me close," or something to that effect.

Examination continued:— The men rushed forward, and on the soldiers firing Courtenay and some others of the party fell.

By Dr. Poore:— The officer fell before the soldiers fired.

Examination continued:— Courtenay and some were killed on the spot, and others seriously wounded. The confusion lasted a considerable time, and several were taken into custody. The soldiers continued to fire until the rioters desisted from attacking them. The officers gave the signal to cease firing, which the soldiers did immediately.

Daniel Edwards examined:— I live at Boughton; am a labourer, and one of the Petty Constables of the Hundred. I accompanied Mears, by his direction, on Thursday morning to Bossenden, to execute some warrants. When we got there I saw Wm. Price, Wm. Burford, Thos. Mears or Tyler: they had large sticks or bludgeons of flayed oak, with nobs. Saw Courtenay come out of Culver’s house at Bossenden; he crossed a style which is near the house, and advanced towards us. He asked "Who is the constable?" Nicholas Mears (the deceased) said "I be." Courtenay went to him, holding a pistol in his right hand, and a dagger in his left. He presented the pistol at the deceased, and shot him. Deceased hung a little while by the railing of the hedge, and then fell to the ground. Courtenay then took the dagger into his right hand, and struck at the last witness, who escaped from the blow. Courtenay then returned to Culver’s house. He came out again. Nicholas Mears said, "Oh dear, what must I do; must I lay here in this dishabille." Courtenay answered, "You must do the best you can." He approached him, and taking his dagger from his left side with his right hand, struck him three times across the shoulder with it. I then ran away myself. I was distant from him about three parts of a rod when this took place. Tyler nodded his head to me to run another way when Courtenay was running after the last witness. We were about a rod from the house when Courtenay came up to us. On my retreating towards the woods I looked round, and saw Courtenay still striking the deceased with his dagger; and on my reaching the wood I heard the report of a pistol from that direction. I continued to walk through the woods, and reached Nash Court, when I again saw Mears the constable, and accompanied him to Faversham. We returned to the ozier bed. I saw Courtenay and the three persons before named, and others whom I should know if I saw them. The men were in the ozier bed. Heard the report of a pistol, and was told by some gentlemen to get my gun. I was close by my own house. Heard a horn sounded, and the men formed themselves info marching order. They past my house towards Mr. Francis's. I went home, and saw no more till after the fight. Miss Jane Horn was standing in my garden when the men passed, but I did not hear any conversation pass between her and any of the party.

The prisoners, to the number of three-and-twenty, were then passed before the witness to identify them. He recognized two besides those named — William Nutting and William Price.

Rev. Mr. Handley examined.— I reside at Hernhill. I first saw eleven or twelve of the rioters proceeding from the direction of Mr. Francis’s house towards the osier bed I was in company of my brother. We rode up to the rioters. I saw Courtenay leave his party, and advance to another body - some short distance from the bed. He addressed them, and I could distinctly hear the word "cowards" repeated. I approached the rioters, and exhorted them to leave Courtenay, who was guilty of the murder of one of their neighbours, and told them that they were guilty of high crimes and misdemeanours, and bringing themselves into great trouble, or words to that effect. Courtenay returned from the other party, which it afterwards appeared were the civil force, whom he invited to attack him; and addressing himself to my brother (Major Handley) or myself, said, "I will plant a bullet in your breast, sir!"

By a juror:- I was twenty-five or thirty yards from Courtenay at this time.

Examination resumed:— Major Handley replied, "You are a madman;" and Courtenay fired a pistol at the Major. Major H. then said, "I wish to parley with you and your men." Courtenay turned round, with an insulting movement of the hand, treating the offer with contempt. The Major then spoke to the men, and told them they were guilty of high treason. I addressed them to the same effect. We then joined Mr. Norton Knatchbull’s force. I shortly afterwards saw Courtenay and his party proceed towards Mr. Francis’s house; they passed me within about twenty yards, in single file, Courtenay directing them. I recognised six men by name, and one personally. They were — William Knight, Thomas Mears or Tyler, E. Wraight the elder, Edward Curling, Noah Miles, Charles Hadlow, and a youth named Hadlow, whose Christian name I did not know. I called them by their names, and asked them to leave the party. I said to Noah Miles, "Have you any regard for your family?" He said, "I have a regard for my family." I spoke also to Hadlow and Wraight. From what I saw of the desperate and resolute conduct of the men, I considered it necessary that the military should be called in. It would have been imprudent in the magistrates to advance against them with only the civil force; they were not sufficiently strong to quell the disturbance, nor to have apprehended Courtenay and those against whom the warrant was issued.

Mr. Charles Neame, of Selling, yeoman:— I know Noah Miles; I saw him with Courtenay’s party at the end of Nash Court-lane. He had left the party immediately after Mr. Handley had addressed them; he said he was tired of the party, which was then entering the wood. Miles’s son left with him. I am fully satisfied the civil power was insufficient to quell the disturbance; it could not have withstood the force and desperation of the attacks. There would undoubtedly have been much more bloodshed had not the military been called upon to interpose. I am confirmed in this opinion by the bold bearing of the rioters after the fall of Courtenay.

John Ogilvie, surgeon, of Boughton, had, with the assistance of Mr. Andrews, of Canterbury, examined the body. They found a gun-shot wound; the ball had entered at the seventh vertebrae, and came out at the breast, at the seventh rib. In its course it had passed through the liver, wounding the great vessels and nerves and causing death. Another gun-shot entered the breast above the ninth rib, and lodged in the body, but after the most careful examination it could not be found. There was a wound also on the left shoulder, made by a sharp instrument, which had fractured the neck of the bladebone; it was about two inches in length, and one deep. There was also a slight wound on the left arm. Either of the gun-shot wounds would have caused death.

The evidence having been brought to a close, the Coroner proceeded to sum up. All those persons that were in company with the man who fired were equally guilty with the murderer. Although the hand of Courtenay was proved to have been the one by which death was occasioned, all those persons who were sworn to as being seen in his company namely, W. Price, A. Foad, William Nutting, T. Mears, and W. Burford, were equally guilty of the offence with Courtenay. Murder had been defined to be that of a person of sound memory and discretion unlawfully killing n fellow creature. The jury were not to inquire to-day whether the party committing this offence was of sound mind. That would be left for trial by another Court.

After a few other observations, the jury consulted a few moments, and returned a verdict of "Wilful murder against William Courtenay, alias Tom, William Burford, Thomas Mears, alias Tyler, Alexander Foad, Wm. Nutting, and William Price." After which, the Coroner issued his warrant, and the four survivors, Foad, Nutting, Mears, and Price, were conveyed to Maidstone gaol, to take their trial at the next assizes.

INQUEST ON LIEUTENANT BENNETT OF THE 45th REGIMENT. SATURDAY.

Elliott Armstrong, Major of the 45th Infantry, was first called. He said, in pursuance of an order from my commanding officers to place myself under the direction of Dr. Poore and other magistrates, I attended from the barracks at Canterbury, and proceeded on the London road about four miles, to the "Red Lion" public-house, at Boughton. This was on Thursday the 31st of May, at ten o'clock. A body of troops, consisting of 100 men, accompanied me, with a proportion of officers and non-commissioned officers. On reaching the "Red Lion" I met Dr. Poore, Mr. Knatchbull, and other magistrates. By their directions I left the London road, and divided my party into two divisions, — the deceased, Lieut. Henry Bosworth Bennett, accompanying one division, with Captain Reed at their head, attended by N. Knatchbull, Esq.; I left the road some distance higher up with the other division. I proceeded with Dr. Poore about a mile-and-a-half into the centre of the jungle. When there, a man in front of us, answering the description of Courtenay, got up out of the jungle, at the head of a number of others, and I had just given my men orders to load with ball-cartridge, when I saw the deceased, Lieut. Bennett, come up on the left flank of us, facing Courtenay and his men, who were on my right flank. Courtenay’s men had a white flag with them; I imagined it a flag of truce, and seeing the men advance and Major Handley coming to me and saying they were coming to parley, I advanced to meet them. Major Handley called out "You deluded and misguided men, are you coming to reason with us." Courtenay made no answer; but, taking off his hat, turned round to his party, and said "Follow me." During this time deceased was advancing rapidly towards Courtenay, and Courtenay quickened his pace towards him. I called out "Fall back, Bennett, fall back," but being not more than four yards from Courtenay he did not do so. Courtenay and Bennett nearly closed, and almost rushed against one another. Lieutenant Bennett raised his right arm and was about to strike at Courtenay with his sword, when he (Courtenay) advanced with his pistol in his right hand, ready cocked, and fired. The blow from the sword and the pistol took effect at the same time. Lieut. Bennett made another blow or two; he raised his left hand and immediately fell. I then asked Dr. Poore if I was to fire, but from the scream of horror of my men at seeing Bennett fall I could not distinctly hear his answer, but I imagined it was in the affirmative. I gave directions to fire with ball, and to take Courtenay and any of his party dead or alive, and the men did so. Courtenay and several of his men fell. The remainder made a rush on the soldiers, who had formed into one division under my command. Courtenay’s men made the attack very resolutely with bludgeons. I never witnessed more determination in my life; so much so that I was obliged to order my men to charge with the bayonet to take them prisoners. This was soon accomplished, and I then ordered the bugle to sound for the firing to cease, which it did immediately. I gave the prisoners we had captured into the charge of the constables. In consequence of the violent attack made by the mob with their bludgeons several of my men were wounded, many seriously; particularly Lieutenant Prendergast, who was knocked down by a bludgeon and severely beaten. I consider the civil power could not have subdued the mob without the aid of the military. I distinctly heard the report of two pistols from Courtenay’s party; and I firmly believe both were fired by Courtenay. I firmly believe that the constable, Catt, was killed by the second pistol; and the more so because I believe him to have been out of the line of the soldiers fire when he fell. I can identify as being present William Wills, Stephen Baker, Thomas Griggs, and George Branchett. I never saw a more furious or mad-like determination in my life than I witnessed in the attack by Courtenay’s party.

The Rev. John Poore, D.D. of Murston, Sittingbourne, examined:— On Thursday morning last, in consequence of the riotous proceedings of a person calling himself Courtenay, and others, and of their desperate conduct in shooting a constable named Mears, in the execution of his duty, and considering it impracticable for the civil power, unaided by the military, to arrest them, I applied to the commanding officer of the 45th regiment of Foot, quartered at Canterbury barracks, for their co-operation. The military were some time before they arrived. I proceeded towards Canterbury to meet them, and met them near the "Gate" public-house. I immediately communicated to Major Armstrong the desperate conduct of the party; expressed my opinion that, whoever came first into contact with Courtenay would be shot, and said he must be taken, dead or alive, and his party dispersed; and that I hoped it would be done without effusion of blood. The witness then described the division of the troops as stated by the major. He (witness) accompanied one division down the Barn road leading into Blean Wood. After proceeding a mile and a half further we received information, on which Major Armstrong halted, and asked me if the soldiers should load. I said "certainly;" and the order was given to that effect. The cartridges were tied in bundles, and were not ready for immediate use; and this circumstance occasioned a slight delay. I then observed Courtenay, and about forty or fifty men with him. They had a white flag near the front, and Courtenay was at the head, with a pistol in his right hand. He called out to his men, "Boys, come forward, and don’t behave like dastardly cowards," or similar words. At this time Major Handley rode forward and called to Courtenay's followers— "Good men, he is deceiving and deluding you — he is leading you to destruction; are you open to reason," — or words to that effect. Immediately afterwards I saw the deceased (Lieutenant Bennett) close by Courtenay. I heard the sound of a pistol, and the deceased fell. I then heard Major Armstrong call to me, "Dr. Poore, where are you?" I ran towards him, and the troops began firing. The result was that Courtenay and several of his party were shot, and others taken prisoners. I saw Courtenay’s party attack the constables and soldiers. I saw Wills attack and strike Major Armstrong with a bludgeon. When the riot was quelled, I took down upon the spot the names of the following parties, who were either dead, wounded, or taken prisoners. Killed on the spot — William Courtenay, Edward Wraight, Pheneas Harvey, George Branchett, William Burford, William Forster, George Griggs, and William Rye. Wounded taken prisoners — Stephen Baker, Henry Hadlow, Alexander Foad, and Thomas Griggs. The other prisoners were, Edward Wraight, John Edward Curling, and Sarah Culver.

Thomas Milgate, a coach porter, of Canterbury, examined:— On the 31st of May I went towards a wood called the Blean, and observed several gentlemen on horseback. They said it would be as well to watch the movements of Courtenay’s party to prevent their escape. In consequence of this I accompanied Robert Little, the Superintendent of Police of Faversham, and proceeded a short distance into the wood, and then separated, I taking the extreme left of the party. Having gone a quarter of a mile I came directly upon them. I saw about forty lying down in a circle, Courtenay being in the centre, with a flag planted near him. When I was observed Courtenay started from the ground, and said, "Up, men." He held a pistol in his right hand, and said to me, "Move no further." Two other young men with me retreated into the woods, hallowing all the time as loud as we could. Mr. Little and others then joined us. We remained quiet for some time, expecting the soldiers to come in behind us. A body of soldiers did come in front of us, and drew up in a line. Courtenay’s party laid down after I left, but on seeing the military they all rose again. Courtenay said something to them, but I could not hear it. Courtenay faced the military, and his men then marched one by one towards the troops. I saw Lieut. Bennett at the extreme left of the troops, and Courtenay and he advanced towards each other. Courtenay turned towards his men, and they approached and formed nearly a circle round the two. Some gentlemen then rode forward, and begged of Courtenay and his party to desist, and not lead the poor men on to destruction; they made no reply, but Courtenay said to his men, "Come on, my brave fellows; keep close." The men not coming on so quick as he wished, he again said. "Come on, my men," apparently in a passion. I got nearer the officer, and the officer got nearer to Courtenay. When about two rods from the officer Courtenay ran and sprang over a stump of a tree towards the officer, and going up close to him with a pistol in his right hand, and a bludgeon in his left, he placed the pistol close to the officer's body and fired. The officer immediately struck at Courtenay with his sword, and Courtenay staggered; but whether struck, or to avoid the blow, I cannot say. The officer staggering, several of Courtenay’s men struck at him as he was falling. I recollect Wills as next to Courtenay. I, and one of the men before mentioned, who is dead (Catt), stepped forward, and with a bludgeon given me by a Mr. Pell, struck Courtenay on the head. He staggered back, but whether he fell I can’t say, as I was knocked down directly. I saw Courtenay standing just above me; the guns began firing, and Courtenay was shot and fell down close by me. He was, just before shot, fighting with Little and others. I was again violently struck with a bludgeon, partly on my thumb and partly on my bludgeon. I got up, and the man who struck me ran away. I cannot swear to him. When I got up I saw two men coming towards me. I seized one of them, and the other Mr. Little took. The rioters were soon after dispersed.

Edmund Foreman, of Hernehill, a wheelwright, having been examined, Bartlett Allen Chambers was called. He is a constable of Faversham, and took John Silk into custody. He received a gun-shot wound while taking him.

Robert Little examined:— I reside at Ospringe, in the parish of Faversham, and am superintendent of the police. I saw Edward Wraight, jun. and Alexander Foad in Bossenden-wood; took them into custody. Foad was wounded in the mouth while fighting with me. I saw Sarah Culver in the wood, and sitting with Courtenay in the circle, with the flag between them. I know her by her bonnet. When the affray was over, I said to the constable that was with me, "There is a woman in the wood — don’t let her go." After the officer was shot I ran into the centre of the mob, and struck down Edward Wraight. Edward Curling struck at me, and so did Alexander Foad. William Wills I captured, with a flask, now produced, full of powder. John Spratt and Thomas Tyler Mears acted with great violence. William Wills had a pistol in his right hand as he entered the wood at Tile-hill, near Boughton-hill.

Thomas Andrews examined:— Is a surgeon, residing at Canterbury. Examined the body of Lieutenant Bennett, assisted by Mr. Ogilvie. Found a gun-shot wound on the right side of the chest, passing through the right lung, running completely through the heart, and making its exit on the opposite side of the body. The wound caused instantaneous death.

Benjamin Jacobs examined:— Resides in St. Peter’s-lane, Canterbury, and is a general dealer. Went into Bossenden-wood on the morning of the 1st of June (Friday), at ten minutes past seven, and near the spot of the riot found the following articles, produced:— A brown camlet cloak, lined with green baize; then a blue bag, containing nearly two hundred matches; a leather bag, containing about 140 leaden balls of different sizes; a piece of oilskin; a pair of boots, maker’s name, "Goldsmith, Watling-street, Canterbury, 1834;" a Mackintosh cape; a flannel jacket; and an old newspaper — the Evening Mail of July 29, 1831.

William Exton examined:— Early on the same morning I found in the wood a leather pistol case, with hare-skin flap; one cotton glove, a blue jacket, a waistcoat, two short gaberdines, and a burning lens in a tin case.

John Ogilvie, surgeon:— Resides at Boughton. Corroborated the testimony of Mr. Andrews.

Some doubts were raised as to the woman Culver being in the midst of the party, and Milgate and Little were again questioned. Milgate did not see her.

The Coroner summed up in a few words, having laid down clearly yesterday the points for the consideration of the jury. They would bear in mind that it was sufficient for their verdict that the parties before them should have been proved to be present with this deluded and deluding madman. With respect to the woman Culver there might be some doubt, it appearing that a woman was there, and her name might have been Burford.

The jury retired for a short time, and on their return the foreman pronounced a verdict of wilful murder against William Courtenay alias Toms (dead), Edward Wraight the elder (dead), Edward Wraight the younger, Thomas Mears alias Tyler, James Goodwin, William Wills, Win. Forster, Henry Adlow, Alexander Foad, Phineas Harvey, John Spratt, Stephen Baker, William Burford, Thomas Griggs, John Silk, George Branchett, Edward Curling, George Griggs, and Win. Rye. — Sarah Culver, Wm. Spratt, and Samuel Eve, they did not consider sufficiently identified, and they were detained in custody to answer the general charge of misdemeanour.

FUNERAL OF LIEUT. BENNETT.

At five o’clock on Saturday afternoon the burial of this lamented officer took place at the Cathedral. The avenues leading to the place of interment were thronged with spectators, who appeared to sympathise in the dejection and sorrow which marked the countenances of the soldiery. The procession was headed by the light company, carrying their arms reversed, followed by the band, the drums muffled, and playing solemn dirges. The undertakers, Messrs. Bellingham and Mr. Kelson, builder, walked next, and preceded the coffin, which was covered with black cloth, six of the deceased's brother officers bearing the pall. The chief mourner, Lieutenant Colonel Boys, walking behind, closely followed by the rest of the officers of the regiment. The remainder of the 45th followed without their fire-arms. The procession entered the south western entrance of the cathedral, proceeded up the centre aisle of the choir, and through the sanctuary into the cloisters. On entering the sacred edifice several of the prebendaries and minor canons met the body, and the Rev. W. F. Baylay read, with much solemnity, the beautiful funeral service. The grave was on the southeast side of the cloisters, and the coffin having been lowered into the silent tomb and the service concluded, the light company fired three times over the grave. The soldiers then retired in the same form as they entered, and marched back to the barracks — the band playing military airs. The cathedral was thronged to excess, but the utmost order prevailed, — every one being impressed with the awfully tragic end of the lamented deceased.

MONDAY (YESTERDAY), June 4.

INQUEST ON GEORGE CATT.

Before entering into this melancholy catastrophe, Mr. Shepherd, at the opening of the Court, addressed the jury in the following terms:— "Gentlemen, — I produce a letter to the jury, directed to one of the magistrates, General Gosling, Ospringe, Kent, who is absent; but his son opened it and forwarded it to me. I mention this, that it may go forth to the public."

(copy).

24, Marshal Street, Golden Square, June 2, 1838.

Sir, — Having seen, through the medium of the public papers, an account of the fatal riot near Canterbury, I beg to state that I know well the person assuming the name of Sir William Courtenay, and that his real name it John Tom, a native of the town of St. Columb Major, in Cornwall; and that I also knew his family, having been brought up in the same town. — I am, Sir, your’s most obediently, G. B. ROGERS.

"I also beg to state that on Saturday evening a bundle was brought to me — viz. a leathern wallet containing a laden brass blunderbuss, a pistol laden with ball, a hog knife, sharp, and ground up fresh, a hatchet, also recently ground, a large bundle of matches, a flute, a jacket, a bible, a bundle of string, a perfectly new belt for a brace of pistols, a cavalry sword with sharp edge, and a pistol case.

The Coroner then proceeded to examine evidence touching Catt’s death.

Stephen Champ, a labourer, residing in St. Mildred’s, Canterbury, was first called. He said — I saw the deceased, George Catt, in Bossenden-wood, acting as constable, on Thursday, the 31st of May. Saw Lieutenant Bennett in front of his detachment; he went up and met Courtenay; Courtenay was advancing to Bennett. Some words were spoken by Lieutenant Bennett, but I did not hear them; they were addressed to Courtenay. Saw Courtenay lift his hand and fire the pistol. Heard the shot; they were quite close. The Lieutenant fell directly. Lieutenant Bennett had a sword in his hand. He did not strike any one else; if he had struck any body else, I was close enough to him, and must have seen him do it. There was no person within the reach of Bennett but Courtenay. Lieut. Bennett was the first man who fell. None of Courtenay’s men were near to Bennett before he fell. Catt was at his (the officer’s) right hand, and I think the soldiers shot him by accident.

Thomas Millgate examined:— Is a coach porter, residing at Canterbury. Saw Lieut. Bennett in Bossenden wood on the 31st of May advance towards Courtenay. Courtenay was advancing rapidly towards Bennett, and when within two strides of him presented a pistol with his right hand and shot him, he staggered, striking at Courtenay, and then fell. Bennett did not strike any body before he fell. None of Courtenay’s people were near enough for Bennett to strike them. Courtenay was scarcely near enough for the sword to reach him; and Courtenay was half-a-rod in advance of his followers. Saw Catt after he was dead. I consider he was shot by the soldiers, from the position in which he was running. I believe him to have been shot by accident.

Question by the Coroner:— If any body was to come before me to-day, and say that Bennett had run a man (one of the mob), through the body before he fell or was shot, should you think he was telling the truth or not?

I should consider he would perjure himself if he did so.

I did not hear more than one report of pistols from Courtenay’s party.

John Ogilvie explained the nature of the wound, which is much larger than either Mears or Bennett’s.

[This answer was elicited to do away with the impression of Catt’s having been shot by Courtenay, and not by the military].

Henry Ashbee, Colking Farm, parish of Boughton, yeoman, examined:— Was in Bossenden wood on 31st May. Saw the commencement of the affray. Saw the mob headed by a person calling himself Courtenay. Saw the officer that was killed there; he was leading a detachment of soldiers. Saw him leave the soldiers and advance towards the mob. Saw Courtenay come forward towards the officer. He said to his men, "Come on my men, prove yourselves men, and not cowards!" He was, at this time, leading them in a contrary direction to Bennett. Shortly afterwards Courtenay approached Bennett. He appeared to have a pistol in his left hand — at least, this is my opinion. He had a light stick in his right-hand. I mean a white stick, a club. I am certain that the bludgeon was in his right hand, as he flourished it over his head. When the pistol went off it appeared to go over Bennett’s head. Bennett, as Courtenay came up, struck at Courtenay with his sword; but very faintly. Bennett appeared to endeavour to strike up Courtenay’s pistol, and in doing so overshot himself, and the sword went up in the air, and fell faintly over his shoulder. Bennett was surrounded by the mob immediately, and my opinion is that Courtenay’s pistol missed Bennett, and that one of his people rushed forward and shot him just as he was about to strike Courtenay. I was within ten paces of Courtenay. No one was near enough of Courtenay’s party to be reached by a sword in the hands of Bennett. Catt was, undoubtedly, shot accidentally.

Mr. Ashbee said that Milgate was mistaken in saying he struck Courtenay, as he considered that Milgate was not nearer at any time to Courtenay than three paces.

Thomas Andrews, surgeon, &c. corroborated Mr. Ogilvie’s statement. The deceased was shot by a musket-ball, and not a pistol, as his wound was much larger than either Mear’s or Bennett’s; and unless the pistol was close to his mouth, it could not have made so large a hole as a musket.

The Coroner left it to the jury to decide the point at issue. They returned the following verdict — "We unanimously consider George Catt was shot by the military by accident, while in the execution of their duty."

An extraordinary scene was witnessed by the appearance of Mr. Church, surgeon, of Sittingbourne, who stated he considered Lieutenant Bennett struck one of Courtenay’s party before he (Mr. B.) received his death wound.

The Jury found a verdict of Justifiable Homicide in the cases of nine of the Courtenay party, who died from their wounds; and having complimented the Coroner upon his impartiality, and expressed their intention to recommend all the prisoners to mercy, the painful investigation terminated.

From the Kentish Gazette 12 June 1838.

THE COURTENAY TRAGEDY.

We left off last week at that part of the proceedings which immediately preceded the appearance of Mr. Church, of Greenstreet, before the coroner. Mr. Church asserted that he had been present during the fray, and that he saw Lieutenant Bennett run one of Courtenay’s men through the body, with his sword, before he (the officer) was shot. Mr. Church persisted n his statement, but as he has since discovered that he was in error, we have omitted that part of the inquiry relating to his evidence.

Boughton, Monday, June 4, 1838.

The jury having returned their verdict on the body of George Catt, proceeded to sit on the bodies of the rioters, taking them in the following order:—

WILLIAM BURFORD, ONE OF THE RIOTERS.

Norton Joseph Knatchbull, Esq. a magistrate of the county of Kent, being sworn, deposed that he was present in Bossenden-wood on the 31st of May, before the affray between the military and the mob took place. Lieut. Bennett was killed by Courtenay, who was the leader of the mob. Before the soldiers fired, the mob were noting very violently, and had their bludgeons raised to attack the military, whose lives were thus placed in danger. It was therefore necessary that the soldiers should, in their own defence, fire upon the mob. Dr. Poore was present, and the soldiers were acting under his directions. (The evidence of this gentleman being precisely similar in the other cases, we have for that reason abstained from repeating it.)

Mr. Andrews stated that he had examined the body of the deceased, who had received a gun-shot wound behind the left ear; the ball penetrated the skull, and made its exit about two inches from the place of entrance at the back part of the skull; there was a bayonet wound on the left hand, but the first stated injury was the cause of his death. There was no gun-shot or bayonet wound in the intestines or body of the deceased.

The evidence of this witness was confirmed by Mr. Ogilvie.

The jury returned a verdict of — Justifiable Homicide.

SIR WILLIAM COURTENAY, ALIAS JOHN THOM.

Mr. Andrews deposed that he had examined the body of Courtenay. He found that, a gun-shot wound had entered below the clavicle, fracturing in its passage the first rib; it then passed through the body of the second dorsal vertebras, and made its exit behind the right shoulder. There was also a contused wound on the scalp; but the first described injury caused his death.

The jury returned a verdict of — Justifiable Homicide.

GEORGE GRIGGS, A RIOTER.

Mr. Ogilvie stated, that the deceased received a gun-shot wound, which entered at the eighth rib on the right side, pasted through the liver and spleen, and made its exit at the eighth rib on the opposite side. The wound produced death.

Verdict — Justifiable Homicide.

STEPHEN BAKER, A RIOTER.

Mr. Ogilvie stated that he had attended the deceased on the 31st of May last, and found him wounded by a gun-shot, which had entered the left groin, about an inch and a half below the anterior spinous process of the ilium, passed through the pelvis, and made its exit on the left side at the second lumber vertebra; the wound caused his death by producing mortification. He died on the 2nd of June.

Verdict — Justifiable Homicide.

GEORUB BRANCHETT, A RIOTER.

Mr. Andrews stated that he had examined the body of Branchett on the 2nd of June; on the left side of the breast-bone he found a gun-shot wound; and another at the lower part of the left blade bone caused by the same shot. Witness again examined the body this day, and found an incision made apparently by a sword, or some other sharp pointed instrument, such as might, in his opinion, have been inflicted by a bayonet. It was the gun-shot wound that caused the death of the deceased. The last described wound was three-eighths of an inch in length and a quarter of an inch in breadth, but the depth he could not depose to.

Verdict — Justifiable Homicide.

WILLIAM FOSTER, A RIOTER.

Mr. Andrews stated that he found a gun-shot wound penetrating at the sixth rib on the right side of the body, and passing through the viscera of the chest, and out at the back near the third rib. The above injury caused death.

Verdict — Justifiable Homicide.

PINEAS HARVEY, A RIOTER.

Mr. Andrews stated that he found on the body of the deceased a gun-shot wound entering about the left clavicle and fracturing the cervical vertebrae; this was the cause of death.

Verdict — Justifiable Homicide.

EDWARD WRAIGHT, A RIOTER.

Mr. Andrews stated that he found a gun-shot wound upon the deceased; the ball entered at the eighth left rib. There was a second wound at the posterior part of the right scapula, and a bayonet wound in the right axilla. Either of these wounds would have produced death.

Verdict — Justifiable Homicide.

WILLIAM RYE, A RIOTER.

Mr. Andrews stated that he found on the deceased a gunshot wound. The ball entered the right hip, and made its exit at the left hypochondrium. The above injury caused his death.

Verdict — Justifiable Homicide.

FAVERSHAM, Monday Evening.

This morning, at eleven o’clock, a special petty session was held at the Town-hall, in Faversham, when the several prisoners who were captured at, and after the fatal affray at Blean wood, and who have not been already committed on the charge of murder, under the coroner's warrant, were brought up for examination.

There were present on the bench the Rev. Dr. Poore (who presided,) and Norton J. Knatchbull and William Fairman, Esqrs.

The following prisoners were brought from the town gaol, and placed at the bar, viz.:— Noah Miles, James Miles, John Hadlow, Thomas Adams, Charles Hills, Edward Newman, William Knight, Thomas Ovenden (an old man, upwards of 60 years of age,) William Coachworth (who was wounded in the throat by a musket-ball during the affray), Jas. Wraight, John Fuller (a mere boy), Emily Burford, Richard Foreman, James Hadley, Daniel Brawn, and Peter Adams.

The Reverend Dr. Poore said he thought the shortest mode of proceeding would be, to take the evidence as it was given at the coroner’s inquest held on Friday last on the body of Nicholas Mears. He proposed to call each witness in the same order, and read over to him such portion of his evidence as related to the identification of some of the rioters, and then direct him to point out among the prisoners present any others whom he could identify as having been seen by him taking a part in the riotous proceedings of Thursday. This mode of proceeding he thought would save much time, as otherwise they would have to go again through the whole of the evidence taken before the coroner.

The other magistrates having agreed to this suggestion, the evidence was then read over to the different witnesses, and Dr. Poore afterwards addressed the prisoners as follows:— "We have gone through all this evidence, and we have come to the conclusion that we must, in duty to the country, commit some of you. I think, however, that the ends of justice will be best answered by discharging the rest of you conditionally. William Knight, Noah Miles, James Miles, Thomas Adams, Peter Adams, James Hadley, John Fuller, and James Wraight, you are discharged on condition of your entering into your own recognisances for your future good behaviour in the sum of £50 each, and of your appearing hereafter whenever you may be called upon. I think it my duty to tell you that I shall state to the Home Secretary to-night, that what we have done in your case we have done in consequence of favourable circumstances which have come to our knowledge; but you must understand that you must appear if government, for the ends of justice, should be of opinion that you ought to be indicted for a capital offence. It is essential that it should be understood by all who hear me, that if many persons are assembled for an illegal purpose, and one of them commits a murder, it is not only he whose hands commit the murder, but all who are with him are held by the law to be liable for his guilty act. I mention this to deter you from again embarking in such schemes as you recently have done, like madmen. You did not, when you joined Courtenay, anticipate murder; nor did you anticipate that your meeting would lead to murder. I hope that the fate of so many of your companions will be a warning to you, and I likewise hope that females instead of exciting their husbands, as they have done in this case, to a breach of peace, will do everything in future to dissuade them from it. The kindest act that a man can do to his family is to abstain from opposition to law, which, if put in motion against him, must crush him. I hope that this event will be a salutary warning to the survivors, and that it will ultimately lead to your good. When you return to your homes, recollect not only that the law has extended its mercy to you, but also that you are bound to show gratitude for it. I hope that your masters, notwithstanding what has happened, will again receive you into their employment, and that you will display your gratitude to them by protecting not only their lives, but their property. A more painful duty is now imposed on me. Some of those who were discharged from this place on Saturday have been so unwise as to make improper observations against individuals residing on the spot. That might operate to your injury if we were inclined to make use of our advantage. But, in the discharge of our duties, we cannot suffer our minds to be biased by any such considerations. Recollect, however, that there are many lives now suspended on a thread. Be sure you abstain from anything which may by possibility accelerate their fate; for every one committed hitherto will be indicted for the capital crime of wilful murder. Charles Hills, Thomas Ovenden, W. Crouchworth, Richard Foreman, — I commit you for the same offence. I admit that there are circumstances in your favour, but I cannot deal with them. Mrs. Burford is discharged, and, in consideration of her melancholy lot, without entering into recognizances. Some of your comrades will be buried soon. Show what your feelings are upon committing them to the grave; but go quietly to your homes, and thank your God that your own lives have been spared."

The recognisances for the discharged prisoners were then made out and signed by them. Warrants were also issued by the magistrates for the committal of the other prisoners to Maidstone gaol.

Charles Hadlow, who voluntarily surrendered himself this morning, was also bound over in his own recognisances of £50 to appear when called on.

The following particulars relative to the intimacy between Mr. G. Francis and the madman, Mr. Thoms, were put into the hands of the county magistrates on Monday last by a friend of Mr. George Francis and at his request.

"Mr. G. Francis having unfortunately been upon terms of intimacy for a considerable length of time with the late madman, Mr. Thoms, who declared that he would never leave the asylum with any person but Mr. George Francis, when Mr. G. Francis was deputed by Mr. Thoms, senior, to receive his son from the asylum. Mr. G. Francis was not aware that Mr. Thoms, sen., had given security to the government for his son’s behaviour, nor did Mr. G. Francis ever see or correspond with Mr. Thoms, sen., on the subject, nor was Mr. G. Francis ever requested to give any security; but, on the contrary, having received a letter from the medical man of that asylum that he considered Sir William Courtenay perfectly inoffensive (which letter was yesterday put into the magistrates’ hands), he was induced to fetch him from the asylum to his own house, where he resided as a visitor for some time, always conducting himself to Mr. G. Francis and his family in the most gentlemanly manner.

On Mr. G. Francis observing, in January last, a new pair of pistols in the possession of Mr. Thoms, he immediately remonstrated with him on the subject, and insisted on their being taken from his premises. Mr. Thoms having failed to give Mr. G. Francis convincing proof that he was the man he had represented himself to be, Mr. G. Francis, on the 10th of January last, desired him to quit his house.

On the 9th of March Mr. Thoms thrust himself into Mr. G. Francis’s house, and slept there one night, Mr. G. Francis avoiding to hold any conversation with him, excepting the requesting Mr. Thoms to take his horse from off his premises.

On the 5th of May Mr. Thoms came to Mr. Francis’s house for his horse, and, uninvited, drank tea there, on which occasion Mr. G. Francis left his own house for the express purpose of avoiding him, and drank tea at his son’s house.

On Thursday se’nnight, after Mr. Thoms had shot the constable in the wood, he came armed to Mr. G. Francis’s house with 36 of his deluded followers with bludgeons, and insisted on Mr. G. Francis supplying them all with gin and water, on which Mr. Thoms was supplied with gin and water himself and beer for his followers. At this moment Mr. G. Francis came up, when Mr. Thoms said, "Francs, I am come here to make my peace with you; we have not been upon terms, for some time; I forget and forgive you all that has passed, and I hope you will do the same and shake hands."

Mr. G. Francis said, "Sir William, I regret seeing you in this situation; you are not only getting into trouble yourself, but by coming to my house you are getting me into trouble also. I must request that yon will immediately take your party off my premises. I feel no animosity against you (and shook hands), at the same time I must tell you, that if you are not the person you have represented yourself to be, you deserve the severest punishment that can be inflicted." At this moment it was reported the soldiers were coming to the house, when Mr. Thoms said. "My Lads, come on down to the osier-bed, where we shall have an open field to fight in. Mr. Thoms and hid deluded followers immediately went to the osier-bed."

We are enabled to state from authority, that on a friendly application to Mr. Francis by the magistrates, that gentleman and his family at once gave up the whole of the property in their possession which belonged to Thoms.

From the Kentish Gazette 14 August 1838.

THE COURTENAY RIOTS.

Lord Denman took his seat at nine o'clock precisely on Thursday morning, and the prisoners Thomas Price and William Meats otherwise Tyler, were immediately placed at the bar, and the indictment read over to them, in which they were charged, on the Coroner’s inquisition (together with one John Thom, alias John Nicholl Thom, alias Sir William Courtenay, now deceased), with the wilful murder of Nicholas Mears, at the Ville of Dunkirk, on Thursday, the 31st of May last.

The prisoner Tyler, who is described in the calendar as 20 years of age, appeared rather younger. He was dressed in a sailor's jacket, bluet waistcoat, and dark trousers. He is a man with a fair complexion, auburn hair, light whiskers, blue eyes, a slight and graceful figure, end features which, though irregular, are not unprepossessing. His countenance is expressive of decision and of susceptibility of feeling which one may readily associate with enthusiasm and religious fanaticism; but there is nothing in his face that indicates a cruel or sanguinary disposition. The other prisoner, Price, was habited in a working dress. His age was stated in the calendar at 30. He is a hard-featured person, but though coarser and more common-place looking than his fellow-prisoner, there was nothing in his appearance or demeanour that would lead a bystander to ascribe to him any particular ferocity of character.

The Hon. Mr. Law, Mr. Sergeant Andrews, Mr. Bodkin, and Mr. Channell, conducted the case for the prosecution and Mr. Shee and Mr. Deedes appeared for the prisoners.

The jury having been sworn, The Hon. Mr. Law stated the case to the jury. He began by saying that he should be obliged to direct their minds to the scene of the murder of Mears. He did not think there would be the slightest difficulty as to the law. The only question was, whether the prisoners were aiding Thom, for he should prove clearly that the intention of Thorn was a violent resistance of the law. He entered into a history of the transactions in which Courtenay was engaged, all of which are familiar to our Kentish readers. The means which this person Courtenay employed were calculated to work on the sordid feelings if his followers, and whatever the state of mind this person was, the steps he took were well calculated to obtain his object, his addresses all favoured the intended object of his resistance to the authorities. They were always of this nature — "Come on, men, no harm shall attend you." It would be for the jury to consider whether this latter observation intended to convey that a general impunity would attend their acts, or that nothing would happen to them on the day when this address was made. When these large bodies of men were traversing the country, it became necessary for the authorities to interfere. Courtenay, a man of a line and imposing figure, led this band of men, armed with pistols, and having a banner with a picture of a lion, which he used for the purpose of strengthening the minds of his followers, whose passions he excited by telling them that "the day was now come when the blow must be struck, and the rights of the poor, so long in abeyance, vindicated." These speeches were generally made to about forty persons; and a secluded house, belonging to a person named Culver, was selected as the place where his followers met, and where he delivered his harangues. He would call before them witnesses to prove that the prisoners were present and assisting on many days previous to the murder of Mears. In order to show the motive of Courtenay, he declared, on being told that a constable would take him, that he was ready for such an attempt — and that he would try his arm with him, and mow him down like the grass. A very important announcement was made by Courtenay on the Monday previous to the Thursday, namely, that nothing should be done on that or the two following days, but that on Thursday the blow should be struck — that Thursday being the day on which the murder took place. Soon after six o’clock, when the constable appeared with warrants issued on the representations of Courtenay’s proceedings), at the house of Culver, where Courtenay's followers were assembled one of the prisoners, Price, on being accosted said, "Here come the constables;" and the other (Tyler alias Mears) went to the window, and announced to Courtenay the constables were come. Courtenay said, "Are they here?" The reply was, "Yes they are." Courtenay came out armed, and Tyler said to the constable, "Step forward." Mears having been asked by Courtenay whether he was the constable, and having answered that he was, was instantly shot by him. Courtenay then drew his sword, and lay in pursuit of the high constable; but having tripped he returned to the wounded man, and again shot him, and he directed the two prisoners to throw him in the ditch, which they did. One of the most revolting circumstances attending this case was, that after having committed this barbarous murder the whole party returned into the house and had breakfast. Having minutely dwelt upon all the circumstance attending Mears's death, the learned counsel proceeded to observe:— It is quite possible this person Courtenay may have been partially deranged, but if he had sense enough to adopt such means to an end as were calculated to effect a nefarious purpose, he was clearly amenable to the law. If in your judgment such acts were proved as showed a consciousness of the distinction between right and wrong, and that he was capable of adopting means to the prosecution of a criminal object, it is not any degree of insanity — it is not even a great degree of insanity which would relieve him from conviction if he were this day on his trial for murder. The law, in its salutary strictness, knows no degree of insanity which is sufficient to exempt a person guilty of criminal acts from punishment, except it amounts to a want of power to distinguish right from wrong. It is not in these nice and golden scales that the law tests unsoundness; for a lunatic is accountable for the acts which he commits in a lucid interval. This person Courtenay might have been tainted with insanity, and yet not be deprived of the sense which should dissuade him from committing an immoral and guilty act. If, therefore, he were now before you, he would, in my bumble judgment, be responsible for what has been charged against him as his act. But, for the purpose of argument, suppose that he was not amenable to the law, yet if, as a physical agent, the prisoners communicated and cooperated with him —if they stimulated and encouraged a madman — they are answerable for the deeds which he commits. If, knowing that a murder was to be perpetrated, or a violation of the peace to be committed, the end of which might be the loss of life, a party submit himself to the dictation of a person of unsound mind, or countenanced or encouraged such an individual, he becomes a principal in the crime of which he may be guilty. If yon went the length of reducing this alleged insane person to the insensible character of a mere instrument, they who employ it are accountable for its me. I have felt it my duty to lay the state of the law before you, because the most mischievous consequences may follow from its misapprehension. There is another view of the case which may, to a certain extent, be supposed favourable to the prisoners, and that is, that the acts of this person were so extravagant as to produce an impression that he had no settled purpose; but here the question immediately arises, if they thought him insane why should they identify themselves with his acts, and place themselves under his direction? If you disbelieve the facts — if you distrust the witnesses — if on the general aspect and complexion of this affair there arise a just and reasonable doubt as to the guilt of the prisoners — it will not only be your pleasing, but a bounded duty to give them the benefit of it. The case I have laid before you is of an importance to demand the closest attention at your hands. The consequences in which your possible decision will involve the prisoners, call for the exercise of the utmost caution. On the one hand you must stand between them and the charge, as far as your conscience will permit; on the other hand, if you are convinced they are guilty, you will, I am sure, firmly and faithfully discharge your duty to the public. One word before I sit down as to the conduct of the prosecutor. Mr. Curling was bound over by the coroner to prosecute, but the importance of the case was such that he felt bound to communicate with the Home-office, and to put the first law officer of the government, the Attorney-General, in possession of the facts. Inconsequence of the information which that learned gentleman obtained, and of an application to the Secretary of State, it was felt by the government that, though they did not send their own officers, the burden of this prosecution ought not to be thrown on the parish where the alleged murder occurred, but defrayed out of the public funds. I thought it right to make this statement lest I should be considered uncandid in appearing to act for one party, whilst another was in fact my client. This is the plain truth. Those who have been instructed to prosecute have nothing to conceal, and the government have only done their bounden duty in seeing that this charge underwent a full and strict inquiry.

James Gorham, examined by Serjeant Andrews, lives at Boughton, in the service of Colonel Groves. Is constable of Boughton and Hernehill. Knows the prisoners. Price, in May last, lived at Boughton-street; he is a labourer. Knows Mears; he was called at times Tyler Mears. On Sunday, 27th May, in the morning, witness was within a quarter of a mile of Wills’s house. Had left his home about ten. Knew Courtenay; he went through Boughton the same morning, leading his horse. There was a light fur skin over the saddle. Courtenay was dressed in a dark shooting coat; he appeared comming from the direction of Boughton Hill, as if from Bosenden. There is a road leads from Bosenden house to the high road, called Bosenden-lane. Saw Courtenay again about seven o’clock in the evening; he was coming as if from Hernehill to the Ville of Dunkirk; he was on foot, accompanied by Tyler and Wills. They crossed the road towards Kennett's cottage. He (witness) being sent for to the "Red Lion." passed near Kennett’s house. There was a large congregation of people there, over 100. Went to see what was the matter, and saw Courtenay addressing them. Did not recognise any one of those present. Courtenay said, "all were to go to work on Monday, and on Tuesday they were to meet him." The company consisted of men, women, and children. Courtenay passed the "Red Lion" with about 30 or 40 persons, whilst witness was there, and turned as if going to Bossenden-house. Wm. Culver is the occupier of the house. Witness spoke of what he saw to Col. Groves. On Tuesday saw Courtenay about eight in the morning; he had five persons with him; they passed his (witness’s) house. Thomas Brown led Courtenay’s horse, a grey one. Witness gave certain orders to a young man named Payne. He (witness) went to Bosenden house that evening. Was at the side of it; saw nobody; remained there all night; and on Wednesday morning Courtenay came out of Culver’s with a drawn sword. He walked about the meadow quietly; he did not see him (witness). Saw Courtenay again a little past two, coming out of the back part of the house. He then had on a gaberdine and belt, which he called a shepherd’s dress. He had about 30 or 40 men with him; they appeared to come out of the yard; they proceeded down Bosenden-lane, and on passing Wm. Branchett’s house they knocked at his shutter. Some one said, "Branchett, do you see it smoke." Saw Courtenay again on Thursday, at ten o’clock in the morning, on Dargate Common, about two miles from Culver's house. He had upwards of 30 with him at that time.

Cross-examined by Mr. Shee:— Has been two years a constable. Had known about six weeks previously that Courtenay had been at Boughton. When witness first saw Courtenay, he was in Boughton-road with another person. He had large moustachios, a long beard, and his hair was parted over his ears. Saw Courtenay after his death; did not particularly notice how his hair was dressed then.

By the Judge:— When I once saw him with is hat off, his hair was parted.

Cross examination continued:— Knew Nicholas Mears. The deceased and prisoner Tyler were cousins. They were often together, and on kind and friendly terms.

By the Judge:— Nutting told him that Nicholas Mears was killed. The witness took Nutting into custody.

Elizabeth Blunder, examined by Mr. Bodkin:— Lives at Boughton-street. On the evening of the 27th May went to Kennett's cottage. Many were going, as it was said Courtenay would make a speech. About 100 were there. Went into the wash-house, which communicates with the front room. Courtenay was there. A great many were round the door. This was about five. Staid an hour.

Cross-examined by Mr. Shee:— Had seen Courtenay in the winter time. He had a large beard.

Wm. Branchett, examined by Mr. Chaneell:— On the 29th May was living at Boughton. Knew Courtenay. On the day above named he was near witness’s house, in the road. Had four men with him. They spoke to witness, and he followed the party. Thomas Price had charge of the horse. Passed Mrs. Palmer's, a grocer, where Courtenay purchased four gallon loaves and some cheese. At Mr. Smith's, a baker’s, Courtenay had a quart loaf and half-a-gallon loaf. They went to Staple-street, it leads to Fairbrook. Wills’s house is at Fairbrook; the party went in there. Saw Tyler with the party before they got to Wills's. There were about 15 or 20. Tyler fetched some beer by Courtenay’s directions; Courtenay paid for it. The beer and bread and cheese was divided among the party. Saw Price at Wills’s; he went after the party had arrived there. Staid there an hour or more. In the road Courtenay had on a velvet coat and pair of dark trowsers. At Wills's, on the party assembling outside the house, there was a white flag edged with blue, with a lion on it. Wills carried it. There was also a pole with a loaf of bread on it. Price carried it. Some person remarked, there's bread before us. Courtenay said, "If you will follow me then, you will perhaps see more; but I will assure you you shall have more, for I will give you more." Courtenay said, "this is the 29th of May. I am going for a jubilee; any who will go with me, who has no work, I will till their bellies with victuals and drink. I assure you no harm shall be done." He altered his dress now; he had on a cloth gaberdine. He had two leather bags with him, and a blue bag. A dagger or sword was by his side; a bugle hung at his neck. Wills, Geo. Branchett, and Price carried the bags. They went towards Faversham; witness accompanied them. Courtenay blew his horn in front of Wills’s. [The flag was here produced.] They stopped at the "Horse Shoes." Tyler was leading the horse; Courtenay said to him, "Tommy, you go to Graveney church, and stay till I come to you." Tyler went, and the party proceeded to a field. Shortly afterwards Courtenay separated from the main body with four others. Saw Courtenay with a pistol, which his fired as they were going from Gravenev church. He re-loaded it; could not see with what. Price was with the party. They went to Wateringham, to Hadlow's house. Courtenay and both prisoners were there. They had now more in company than when they started. Tyler spoke to Courtenay and said, "I heard a man say the other night you were a fool and a madman, and he should not mind helping to take you." Courtenay said, "If any one comes to take me now I’ll slay them; I shall try my hands. I am come for no harm, only a day’s pleasure for those men who are out of employ, and want victuals and drink." He had a pistol in his hand, which he drew from a case and said, "If they do come, I will cut ’em down like grass." There was a candle on the table, and he said of it, "I will venture I could blow the snuff of that candle off as far distant as the pistol could shoot." Knows Wm. Stephens, of Herne; he was in the room, and could hear what passed.

Cross-examined by Mr. Shee:— In Boughton-street Courtenay asked him if be would have a slice of bread. Had only seen Courtenay once before, and that was previous to his going to the Asylum. Had heard him enter into religious discourse. He cautioned the men from swearing, they would gain nothing by it. He left off swearing on that account, and advised them to do the same. Thought he was well versed in the Bible. Only heard him call himself Sir Win. Courtenay. Never heard him say he was the Shepherd, and they were his lambs. He asked the party if they would like a hymn as they went along; they sang a hymn three times; it was, "Whilst shepherds watch their flock? by night." Had heard it sung at the Wesleyan Chapel. Courtenay joined. When finished, he asked them how they liked it. His manner was pious and devout. He appeared at times a man of good understanding. He showed his party a Bible, and said he hoped they would all follow it, as he intended to do. In speaking to the party, be did not call out very loud, nor use much gesture. Witness was born and bred in Boughton; there was no school when he was a lad; he could not write or read. He had a family. Had books in the house; the Common Prayer and Bible. His children went to school.

The Judge objected to this description of inquiry, and the Council sat down.

Alfred Payne, examined by Mr. Law:— Is a harness maker residing near Canterbury. Was at work at Col. Groves’s on tba 29th May. Went down the street to observe Courtenay, in consequence of what Gorham said to him. Saw the party at a baker's shop. Watched them to Fairbrook. Went to Wills’s with them; both prisoners were then. Tyler not only heard what Courtenay said, but he took him aside to talk to. Courtenay asked witness if he was out of work, and said, that this was 29th of May; there should be greater cause to recollect the events of that day, than there had been in the time of King Charles; that no one knew who he was; that he fell from the clouds, and was not like an earthly being. If required, he would with his right arm, at a swing, slay 10,000 men; and he would go away in an instant, and no one know any more where he was gone to than where he came from. They then had some beer. Courtenay gave the health of the Poor." Mr. Francis was going across the field at the moment, when Courtenay said, "There goes one who ought to be topped first. He is afraid to come near. He wants to know who wrote some papers. He will know, but will not be able to give an account of them afterwards." Saw a loaf on a pole. Wills had a flag, similar to the one now produced. Courtenay had on a Mackintosh cost; had a belt, two pistol cases, and a pistol in one, a sword, and a bugle. He told them to fall into threes, as soldiers, and have hearts as fierce as that lion, pointing to the flag. He called Wills and two or three others. He said, "You that have a mind, follow me; and you that have not, leave me." He said to the man named Wills, that he wished him to keep a good generalship over those he was going to leave for a short period behind. They went in the direction of a bean stack. There was a murmuring among the men, that he was going to fire the stack. The general said, "Wait and see." Courtenay on his return said, "Now I’m going to strike the bloody blow. The streets shall flow with blood, and the rich and poor who did not follow him should share of their fate." He did not say whose fate. Saw the party again at Boughton chalk pits on Thursday. There were about 40. Had seen some of them on the Tuesday at Wills’s. All had bludgeons similar to those produced in Court. They were going towards Faversham. (The sword, pistol case, blue bag, and a cloak, with which he covered himself when a gentlemen was approaching, and gave it back again after he had passed, were produced).

Wm. Stephens, examined by Mr. Bodkin:— Is a labouring man. Saw Courtenay at Wills’s house on Tuesday, at one o’clock in the morning. Twenty or thirty were there. Both the prisoners were there. Heard Courtenay tell Tyler to take the horse to Graveney church, and they would go across the fields to meet him. They went to Fairbrook. Price went also. Saw Branchett, Price, and Tyler at Waterham. It was Gorham, that Tyler told Courtenay, had said ho should wish to take him. Can’t say if Courtenay had anything in his hand at the time. He had a sword and pistol with him. Heard nothing said about a candle.

John Mears examined by Sergeant Andrews:— Is high constable of Boughton. On Wednesday he received a warrant from Dr. Poore, about ten o’clock in the evening. (Produced the warrants). On Thursday morning early he went to execute it, and took Nicholas Mears and Daniel Edwards with him. Nicholas Mears was his brother. They were to go to Culver’s house; it is called Bosenden House. On approaching within twenty rods of the house, saw Price the prisoner, and another man. Saw four or five Tyler was one of them; he had a large club. They appeared to come from the front part of the house. He spoke to Price, and asked him if Courtenay was there. Did not hear his answer. Price pushed forward and went to the front. Heard a voice inquire "Is that them?" He (witness) was walking with his two companions, and on reaching the gate Courtenay met them. He said "Are you the constable?" Neither of the prisoners were then present. His brother said "I am." Courtenay raised his hand, and shot at him. He did not fall immediately. Courtenay then made a blow at witness with his dagger, saying "you are another." Witness ran off, and Courtenay pursued him, but his foot stumbled, and he (witness) got away. He saw no more, but went off to Faversham immediately, to the magistrates' office.

Cross-examined:— Thomas Mears, or Tyler, is first cousin of witness. His brother and prisoner were on friendly term.

Daniel Edwards examined by Mr. Channell:— Accompanied the last witness to serve the warrant. Got to Bossenden about half-past six o'clock. Were all three together. Price and Mears and others were there. Saw Burford, who is since dead; did not see that Price had any thing in his hand. Tyler had a bludgeon of a similar colour to that produced. Mears spoke to Price. Courtenay came from the front, and asked which was the constable. Courtenay shot Mears. Price and Mears were a rod or two off. They followed Courtenay to the front of the house. Mears, when shot, supported himself by the fence. Heard some one say "he was not the constable." Did not hear Courtenay reply. Courtenay struck at John Mears with his sword or dagger; he missed him, and Mears got away. Witness staid till Courtenay returned. Mears was alive; he said "Oh dear, what must I do — must I lie here in this situation?" Courtenay said "do the best you can." Witness then run away.

By a juror:— Courtenay took no notice of him.

Re-examined:— Heard no report of a pistol. After leaving Bosenden he (witness) went into the wood. On looking round Courtenay was cutting at Mears. Heard when in the woods the report of a pistol.

Cross-examined:— Thomas Tyler gave a nod of the head to witness, but he did not believe it was to tell him to get away.

---- Hawkinge examined by Mr. Lucas. On Tuesday the 29th of May saw Courtenay at Bossenden, with about thirty persons. Both prisoners were there. Had supper at Bossenden House, composed of milk, bread, cheese, and pork. Sarah Culver, Courtenay, and Mears served. Some had tobacco afterwards. After supper Courtenay said they were to sleep in the cottage. They went there. He said he should call them in the morning. They had straw at the cottage to lie on; witness was one of the party. They went to Sittingbourne, and breakfasted at the "Wheat Sheaf;" and returned, after going through several places, to Bossenden. At Green-street they had twenty or thirty with them. Seven or eight joined them that day. They rested in the cottage at night. They had a flag and carried bludgeons and sticks. About half an hour after he was called up on Thursday, he saw Nicholas Mears. He heard the report of fire arms. Saw Mears leaning against the hedge. Courtenay ran after another man. Courtenay seemed to make a slip, and the man got away. Courtenay afterwards chopped the fallen man with his sword, and fired a pistol at him. The body was carried to a ditch. He did not see who carried the body, or know the number of persons who carried it. He not see the body laid down. The prisoners and the rest breakfasted afterwards.

Cross-examined:— Had heard Courtenay say he was the Christ nailed on the cross. Never heard him say his was the white horse mentioned in the Apocalypse. Have heard persons in his presence say that he had been crucified. Courtenay has cited passages from the Testament. Heard him say that he was the resurrection of the body of Jesus; that Sampson was a great man, but a greater one than Sampson was among them. Heard him say, "I am the blessed Lord and Saviour; I can call fire from heaven, and burn every one of you in your beds. You are safer with me than at home in your beds." Was present when one man fell down at his feet, and asked him whether he should follow him with his heart or with his feet. This was in the wood. Heard him speak of Nicholas Mears, and say, "Though I have killed the body, I have saved the soul." Thinks this was before breakfast. He said if any man attempted to run away, he should be a dead man. This was after killing Mears. Bossenden-house is about three quarters of a mile from the London road.

Thomas Harris went to work on Thursday, the last day of May, in a field at Bossenden-house. Heard a voice; looked up, and saw Tyler at a window. Courtenay was standing near. Understood him to say the constables were coming; and after moving away a few moments, he returned, and said again "The constables are here." Courtenay went out and met them. When he chopped Mears there were several round him. He cut him six or seven times.

William Stephens recalled:- Slept at the cottage at Bossenden on the Wednesday night. When the constables came up Tyler called Courtenay. He said he was ready for them. Tyler was close by when Courtenay struck the man with his sword. When they went to move him he said "Let me lie." Four men carried him; Tyler and Price were two. They carried him three or four rods. Courtenay said "Carry him to the ditch." Is sure of the prisoners being two of the carriers. Several followed. They laid him down as he was taken up; he seemed dead.

Re-examined:— I was afraid to go away over night, and staid till the morning, and got some victuals. I was afraid to go.

Another labourer was next called:— In May last I was working for Mr. Curling, and slept at Bosenden House. Tyler and Price were there. The evidence of this witness corroborated previous witnesses with respect to the arrival of the constable, and Courtenay's conduct to Mears.

Cross-examined:— Had gone to Sittingbourne with Courtenay and was tired, so I staid all night at the cottage. Had heard him say "This is the White Horse mentioned in Revelations."

Stephen Gorham was at work in the garden on the morning of Thursday, at Bossenden. He saw Tyler there but not Price. He corroborated the testimony of the preceding witnesses respecting Courtenay's conduct to the constable. Heard the wounded man say "They all know I am not the constable." Courtenay said "You told me you was," and then walked to the front door. Courtenay told his men to bring the body after him; he headed them with his drawn sword. Did not know who were the men that carried. They afterwards went with him to the front of the house, and he told them he was the Saviour of the world, the shepherd of the flock, &c. He sounded the horn three times, and ordered them into the house. Witness then went away.

Cross-examined:— He appeared a frantic madman at the time of hacking Mears with his sword.

Re-examined:— The men might all have left him if they chose to do so.

John Fill is employed as a servant on Bossenden farm. Was in the stable early on the day in question; there is a window in it looking towards where the constable came; Price was standing near the window; the constable came up lo him, and Nicholas Mears said "Is Sir Wm. Courtenay about here." Witness left the window, and soon after heard the report of a pistol. Looked out of the window and saw Courtenay running after John Mears. Courtenay stumbled over some bricks. On returning from running after Mears he said "I'll show them." Saw Courtenay dragging Nicholas Mears by the collar, and heard him telling Courtenay that he was not the constable. He laid Mears on his right side, so that he could hit him in the neck. Every time he struck him the head raised from the ground, and the man groaned. He struck six or seven times. Did not see the body removed, but saw it in the ditch. Went towards it about five minutes afterwards and saw the head raised up and fall again once.

Cross-examined:— I dared not interfere in behalf of poor Mears. Courtenay was very wild.

Re-examined:— No one attempted to interfere.

William Gibbs, grocer of Faversham — Found a flag in Bosenden wood.

Benjamin Jacobs — Found a cloak on Friday 1st of June, and a blue bag, in Bosenden Wood, — it contained a packet of about 150 bundles of matches, and a small bag with 150 bullets.

Edward Amos produced a bag, sword, and pistol case; another bundle of matches, a pistol loaded with ball, a butcher's sharp knife, a flute, and some smaller articles.

John Ogilvie, surgeon of Boughton, examined the body of Mears. There were two gun shot wounds; — one shot passed through the body, the other lodged. The first was mortal. There were severe instrument wounds on the left shoulder, and a cut on the right arm.

Mr. Shea addressed the jury for the defence, in a powerful speech. Although (he said) this prosecution had not been brought by the government of the country, yet every thing that the resources of the government could afford had been arrayed in its support, and he deeply felt the responsibility attaching to the part that had devolved on him. He owned, however, that the government was, in a manner, bound to make every exertion to bring home justice to the door of the delinquents, in a transaction which had so deeply disgraced the country. At the same time he sincerely regretted, on his poor and innocent clients’ part, that they had not been favoured with any facilities for their defence, and which they stood so very much in need of. He coincided almost entirely in the law of the case as it had been laid down to them by his learned friend Mr. Law. and the responsibility attaching to all concerned in the infliction of death, however compassed; but he thought he had reason to complain that a prosecution so supported had afforded them no assistance in arriving at the facts of the case, for the benefit of his unfortunate clients, he then adverted to the law relating to murder, as stated by Lord Coke, by Sergeant Hawkins. Sir Matthew Hale, &c., and contended that the essential characteristic of murder — the malicious intention — was altogether wanting. His learned friend had indulged much in declamation respecting some "unlawful purposes" which Courtenay and his associates had in view, but though he listened with all attention, he could not hear what unlawful purpose was imputed to them; in truth, the establishment of that great and necessary point was altogether left out of his argument, and properly so, for it had no existence in reality; and without it he felt warranted in insisting that the crime of murder could not fairly be imputed or legally established. He quoted a decision which had been arrived at in the Court of King's Bench respecting a riot in Sittingbourne, in which resistance had been made to a constable who came to arrest the party, whereupon the constable fled, and a party of the rioters pursued and killed him. In the trial which ensued it was held that all those who pursued the constable with intent to kill were guilty of murder, but that those of the rioters who did not take part in the pursuit were not guilty of murder. He quoted from Tressel a case in which three soldiers went to rob an orchard. Two climbed up a tree, while the third stood at the gate with a drawn sword, and on being challenged by the owner’s son stabbed and killed him. The parties were tried for the murder, but those who had been up in the tree at the time were acquitted; for although they were in the commission of an unlawful act, it was a minor offence, and they were not engaged in or consenting to the murder. He also quoted a case from Hawkins, where a servant went out with his master, attending him, and seeing his master engaged in a murderous encounter, assisted him, and slew a man. Both were tried, and though the master was found guilty of murder, the servant (who had only followed him in the execution of his duty), was only found guilty of manslaughter. Here was, therefore, a distinction to be made as to purpose and assistance, still more so in the case of a madman like Courtenay, whose unaccountable insanity could not possibly be warped into "unlawful purpose," and if he were now alive, even after all this melancholy loss of life, they could not find him guilty of murder. He complained seriously of the withholding of the certificate descriptive of Courtenay's state of mind on his discharge from the lunatic asylum — an act which he characterized as unjust, cruel, and wicked in the extreme, as affecting his clients; and which, considering the power brought to bear on this prosecution, was evidently intentional on the part of the government. This he entreated the jury to mark; for they had a right to have that certificate, and a right to learn, by direct examination and cross-examination, why he had been suffered to go at large after he had been confined as a lunatic, instead of being punished as a criminal, for his conduct at Canterbury, he complained especially that Mr. Francis (who could give such important testimony) was not brought forward. The learned counsel then took a lengthened review of the absurdities exhibited by Courtenay, as stated in the evidence which they had just heard, dwelling particularly on the quotations and misapplication of Scripture, inferring from each and all the superstitious insanity of Courtenay, and contending that the statements of his learned friend respecting the intentions of Courtenay to stir up the poor against the rich were quite unsupported by evidence. He pointed out the numerous pacific and benevolent injunctions of Courtenay to his followers, the example of prayer and praise, and thanksgiving, and practical piety which be set to the innocent crowds which followed him in his perambulation, and contended that a simple, credulous people might participate in his movements and follow his example without the slightest evil design or malicious intention, or suspicion of mischief to arise from the indulgence of their curiosity, or listening to his praying and preaching. He analyzed the scene which took place on the death of Mears, and argued that there was no evil intention on the part of his clients, who might, if they were maliciously disposed, have joined in the pursuit of the constable who escaped. They did not stir a step to injure either him or the man who was murdered. They were at the most merely looking on while an unlawful act was done by a frantic man. He then went into the history of religious insanity in England, from the times of the Puritans and Quaker enthusiasts to those of Brothers and Johanna Southcote, and argued that nothing was more natural and ordinary than that (with such supernatural power as Courtenay pretended to, and such natural abilities and knowledge of the Scriptures as be possessed for the persuasion of an untaught multitude) he should succeed to a very great extent in drawing them after him. Such confidence in a religious teacher who laid claim to inspiration and superhuman power, who happened to possess, or was believed to possess, an extraordinary likeness to our Saviour, and who really laid claim to that character with all the apparent earnestness of a sincere conviction — such confidence was most likely to urge them with equal sincerity to believe and follow and obey implicitly the individual so leading, and teaching, and influencing them, without in any degree involving on their part the guilt of malice prepense. The learned counsel concluded an eloquent and feeling appeal to the jury by conjuring them that they might regard his hapless clients as ignorant, as misguided, as foolish in the extreme, to have allowed themselves to be led by a lunatic, but to discriminate between ignorance and evil intention — to do them simple justice, and to relieve them from the imputed guilt of wilful murder.

His Lordship then summed up. He commenced by reading the indictment. It is certainly true, said his lordship, that in order to make out the malicious intention imputed in the indictment to the act of William Courtenay the agent must be possessed of reason. It seems to me, on the whole of the evidence, that Courtenay was not a person of sound mind when he committed the act in question, and therefore the prisoners cannot be guilty as accessories, for there is no foundation on which their crime can rest. Now, it is one of the most difficult subjects that can be submitted to the mind of man, and requires the minutest examination to determine what constitutes insanity, and it must be a particularly painful one when the result of the inquiry may be attended with the most important consequences to their fellow-creatures; and I must own that the impression on my own mind is, that he was a man of insane mind, and it is exceedingly doubtful that he was possessed of any sound reason at all. I think, too, if he were now before us, that you could not safely say that he was in a condition to be answerable for his act. This is not an opinion which I mean to lay down as a rule of law to be applicable to all cases; but there was in this instance so much religious fanaticism, such excitement of mind, such absurdity and extreme folly, that if he were now on his trial it could be hardly said, from the evidence, that he ought to be called on to answer for his criminal act. Now, gentlemen, if that is your impression it will simplify the consideration which you will have to bestow on the second charge. On the second count, then, these persons are charged, not only with being accessories, but are themselves charged as having committed the offence; and if they were aware of the malignant purpose, and shared in that purpose, and were present aiding, abetting, and assisting in the commission of acts fatal to life in the course of this purpose, then no doubt they are guilty as principals on the second count. You have been properly referred to the authorities laid down in the books. I will read to you a rule as laid down by a high authority, and you will have to consider whether the conduct of the prisoners falls within it or not. Serjeant Hawkins, quoting the still more ancient and perfectly consistent authorities of the law of England, says, "Where divers persons resolve generally to resist all opposers, and to execute their purpose in such a manner as to be naturally attended with tumults and affrays, and in so doing it should happen that life is lost, all are guilty of murder, for they must at their peril abide the event of an act which is in violation of the public peace, and in open opposition to the authorities of the country; but in this case the fact must appear to have been committed strictly in prosecution of the purpose for which the party assembled." Now, as it is absolutely necessary to make out the latter part of the proposition, if has been argued very ingeniously that as Courtenay and his followers had no definite and distinct object, there could be no combination. But I must own that I think the evidence will lend you to pause a good deal before you come to that conclusion. It seems to me to be wholly unimportant whether the parties had a well-defined and particular mischief to bring about, as the result of their combination; because I think, if their object was, in the language of this extract, to resist all laws generally, and that the parties armed themselves with dangerous weapons for the purpose of committing a violation of justice, and taking for this purpose the means of executing their object, the whole of the assembly so convened, however blank the mind of Courtenay might be as to ulterior purposes, or however his followers might be undetermined as to the result, still, if they contemplate resistance to the lawful authorities, their case is that of men banded together for a common purpose to a sufficient degree to make them answerable for all that was done in execution of it. And then it will be highly important for you to look to the means with which they furnished themselves, and the instruments they employed, in order to fulfil their object. I may just observe, in passing, that the mere irresponsibility of the principal, whether he be a physical or moral agent, cannot relieve the parties who make use of him from answering for the consequences of his acts. If it appear that those engaged in an illegal act aid and abet the principal or agent in the means which he takes for its perpetration, no doubt they are liable for any consequences which may ensue. After going over the whole of the evidence, he concluded by saying that he thought it too much to suppose that, however superstitious these persons were, they were completely bewildered and deprived of their reason while Courtenay was lending them. He impressed upon the jury that any personal apprehension which the prisoners might have entertained from Courtenay’s acts was no justification for joining in a criminal outrage. He left it to the jury to say whether or not the prisoners were aware that they were engaged in an unlawful outrage upon the laws of the country, however wild and indefinite might be the plans of their leader or themselves. They were guilty of murder if they deliberately concurred in that resistance to lawful authority, from which it might he naturally supposed that the consequence which had taken place would follow.

The jury retired at five o’clock. After half an hour’s absence they returned and delivered their verdict. They declared both prisoners Guilty, recommending them to mercy.

The Judge proceeded to pass sentence of death in the usual form on both prisoners, and stifled outcries from the female spectators. His lordship then addressed them:— "I pass this sentence immediately, that I may have the opportunity of adding that it will not be carried into effect, and of assuring you that your lives will be spared in consequence of the merciful recommendation of the jury."

FRIDAY.

William Wills, aged 46; Thomas Mears, otherwise Thomas Tyler, aged 23; Edward Wraight the younger, aged 33; Alexander Foad, aged 42; Edward Curling, aged 33; Thomas Griggs, aged 30; Richard Foreman, aged 30; Charles Hills, aged 47; and William Foad, were indicted, charged with the wilful murder of Henry Buswell Bennett on the 31st of May, at the ville of Dunkirk. The prisoners were charged in the first count, as the accessories of Thoms; and, in the second, as principals.

By the advice of their counsel, Messrs. Clarkson, Shee, and Deedes, they all pleaded guilty.

We had prepared a report, taken in short hand, of the speeches of the counsel on either side, and also of the Judge, but are compelled to omit their insertion till next week.

His Lordship passed sentence of Death upon all, and then informed them that the sentence would be commuted, and that Wills and Mears would be transported for life, and the others receive punishments according to the parts they had taken in the horrid transaction.

The solicitor for the prosecution was Mr. G. J. Shepherd, and for the prisoners Messrs. Jeffery and Morgan.

After the Judge had addressed the prisoners, and they had been removed from the dock, Mr. Laker, who had been foreman of the coroner’s jury at Boughton, presented a memorial to the Judge, signed by 12 of the jurors, on behalf of the prisoners who had been tried upon the coroner’s warrant, recommending them to mercy, according to what appeared to them to be their different degrees of guilt. His Lordship not only condescended to receive the memorial, but with much emphasis said ha was "glad to do so," and perused it with marked attention.

From the Kentish Gazette 21 August 1838.

CROWN COURT.

At the sitting of the court on Friday morning the trial of the other Boughton-hill rioters was proceeded with, and William Wills, Thomas Mears, alias Tyler, the prisoner convicted on Thursday, Edward Wraight the younger, Alexander Foad, who received a musket wound in the mouth, Edward Curling, Thomas Griggs, Richard Foreman, Charles Hills, and William Foad, were indicted for the wilful murder of Lieut. Bennett, on the 31st of May. The first count in the indictment charged them with being accessories of Thom, and the second as principals.

The prisoners on being arraigned all pleaded guilty, and Mr. Clarkson then addressed the learned judge as follows: He had the honour of appearing as counsel for all the prisoners but Wills and Tyler, and after the verdict which had been returned yesterday and after the most anxious consideration on his part, and the part of his learned friends Mr. Shee and Mr. Deedes as to the course best likely to promote the interests of the country, and further the ends of public justice, they had recommended the prisoners to adopt the course they had pursued. After they had heard from his Lordship the law laid down with reference to the unlawful purpose for which these persons were assembled, and that it was not necessary the unlawful purpose should be either distinct or defined, they found themselves in a situation incapable of resisting the facts upon which the jury must come to a conclusion similar to that which the jury had arrived at yesterday. Under those circumstances they had thought that they were aiding the vindication of the majesty of the law, as well as advancing the interests of those whom they represented, by advising them to plead guilty to the infraction of the law, which amounted, as they had heard yesterday, to murder. His Lordship was aware that many of the men who now stood before him had been grievously wounded; eight persons had, besides, been mortally wounded, and there were as many as 100 lives dependent on the exertions and the assistance to be furnished by the men at the bar, and who were now helpless by their infraction of the law. He was sure that the prisoners were in the hands of a humane administrator of the law, and that no one who heard him now entertained the belief that these men contemplated the crime of which the madman who was destroyed was undoubtedly guilty, or were aware that they were violating the law to the extent to which, in point of law, they have been proved to have been guilty.

Mr. Shee said that he was concerned for the two prisoners Wills and Tyler, and he thought it right to state that he entirely concurred in the course which had been pursued. He had thought it his duty, after hearing the law laid down by his Lordship, differing materially as it did from the notion of the crime committed by these poor persons, to inform them that he could not persuade the jury that the law of murder was different from that laid down by the judge presiding in this court, he had thought it, therefore, the best course that they should plead guilty to this indictment.

Mr. Law, on the part of the prosecution, said he was sure every one acquainted with the circumstances of this case would readily admit that the learned counsel for the prisoners had exercised a perfectly sound discretion in the course they had adopted. Standing there on behalf of the public to prosecute, he most readily concurred in the recommendation of mercy in different degrees as it respected the parties charged, but he did not feel that in offering that recommendation he should be doing his duty if it extended beyond soliciting his lordship to spare the lives of Tyler and Wills. With regard to the other prisoner convicted yesterday, he was in a different position, not having assisted on the second occasion, in respect of which he must say that he could not concur with the view his learned friend took of that transaction. When blood had been shed, and when the unfortunate man, Nicholas Mears, had been sacrificed by the hand of Thoms, the assistance this party afforded afterwards to that unfortunate individual had, in his opinion, no other character but that of murder, accompanied with the most open design to use force. But at the same time he saw and felt the reasons urged yesterday by the jury, that the circumstances, even then, were of a most peculiar he well as painful nature. He also felt that the degree of guilt was much less to the remaining prisoners than that ascribed to the men whom he had already mentioned, he was not presuming to dictate, but doing what he considered his duty, in drawing his Lordship's attention to the circumstances of the case, and he was quite sure that, whatever might be the sentence he pronounced, the public would be protected from a recurrence of the circumstances of this most atrocious, unexampled, and dreadful crime.

The following witnesses were then culled to character:- Rev Charles Handley, is vicar of Herne-hill, in this county. Knows the prisoners Foad, Wraight, Curling, and Griggs — all of them reside in his parish. Wraight he had known from a boy, he having been in his school. Up to the time of becoming Thom’s followers, they were men whose characters had stood fair. Witness was present on the day on which the fatal contention took place. He expostulated with them during the day, and endeavoured to persuade them to leave Thom. During the day a pistol was fired at witness, or his brother, Major Handley, Knows Richard Foreman, and knows nothing against him.

Mr. Edward Curling is steward to some ladies of the name of Lamb, at Herne-hill. Has known Foad, Wraight, Foreman, Curling and Griggs, all their lives, and has been amongst them — they have generally been his servants and workmen. He never knew anything wrong of the men till the very dreadful business of Courtenay.

Charles Neame, Esq., lives at Selling, near Herne-hill. Has known Griggs ever since he was a child. He has been in witness’s service, and has always been a peaceable and quiet man.

William Kaye is bailiff to Mr. Snoulten, at Herne-hill, and has resided there the last 20 years, knows Wraight and Curling, they have worked for him for some years. They have always been peaceable quiet men. Has known Foreman for the last 14 years — he has worked for him as a steady workman for the last six or seven years, and has been a quiet peaceable man. Has known Foad for six years, he has always been a very quiet inoffensive man. There is ground adjoining the farm, which he hires.

By Mr. Shoe:— Has known the prisoner Wills 20 years, always considered him a very religions man, and very peaceably inclined.

Mr. Toker lives at Ospringe. Knows Foad. He was formerly in his service, and married from his house, when he took a cottage and four acres of land from witness. He has always been a very honest, respectable, and peaceable man.

Mr. William Gibbs, grocer, at Faversham, has known Wills for 20 years. He always bore a quiet inoffensive character, and was very religiously inclined.

Edward Judges has known Wills for 20 years. He was always a very quiet inoffensive man.

Mr. Neame was recalled to speak to Hills’ character, and stated that the only thing he knew against him was that he was too fond of drink, and this it was, he considered, which led to his being mixed up with this melancholy business.

The prisoners having been asked what they had to say why they should not have judgment to die.

Lord Denman then passed sentence in the following word:- "William Wills, Edward Wraight the younger, Alexander Foad, Edward Curling, Thomas Griggs, Richard Foreman, Charles Hills, and William Foad, you have been severally convicted of the crime of murder, and the law requires me to pass the capital sentence upon you, which sentence is, that, for the felony and murder of which you stand convicted, you and each of you be taken from hence to the place from whence you came and from thence to some place of execution, and that there you be severally hanged by the neck until you be dead, and that your bodies be then buried within the precincts of the prison. Now, having performed the duty which the law imposes upon me with regard to pronouncing the sentence, I do not think it right to keep you in one moment of doubt as to whether the sentence will be carried into execution. Having made up my mind on that subject, it is right to state to you that your lives will be spared. The fate that you have incurred by reason of the crime you have committed you have just heard in the sentence I have pronounced. That is the sentence which the law imposes, and it is at the discretion of the court, and perhaps ultimately, the government, whether it is carried into execution. I have had great difficulty in coming to the result that it was possible for me not to let the law take its course; the offence is of so enormous a description, and I think that along with the fanaticism and folly that have marked your conduct, there has been so much of bad feeling suddenly excited, so much disregard of the happiness and repose of your fellow-creatures, such recklessness and mischief, such a determined resolution not to interfere to prevent, when you all saw how imminent and frightful it was, that I really have felt it is a very strong act on my part to come to the resolution that your lives should not be made forfeit to the law. Two circumstances have weighed greatly with me in coming to the conclusion that they may be spared, independently of the recommendation of the jury which they yesterday pronounced in the case of Thomas Mears and William Price. One of them is, that a very considerable number of you misguided men actually fell under the execution of those who were called on to protect the law, and that in point of fact they may be considered as having already paid the forfeit of the law. Those men, necessarily, and therefore, lawfully put to death, in the vindication of legal authority, may be taken, I think, as persons whom the law has already sacrificed, and made example to others of the consequence of acts like yours; because the firing on these men, which unfortunately became necessary, would have been itself; an act of murder, and have subjected the parties to suffer punishment, if the act you were all at that time committing had not of itself authorised that proceeding; and so the law had been anticipated by the individuals who fired at you. There is another circumstance that greatly weighs with me in sparing your lives, and that is that the relations and friends of the unfortunate young man — the officer who was shot by the leader whom you thought proper to maintain in the violation of the law, and of all right, and of all feeling. Those relations have stated that it would be the greatest aggravation to the sufferings at the loss of their son, if any more blood was to be spilt in consequence of this unhappy affair; and I do feel that there is much respect due to those unfortunate persons whose nearest relation has become the sacrifice to his sense of duty and his courage in putting down this most atrocious attempt on the part of Courtenay and his followers. Now those things have led me to think that it is not improper your lives should be spared, and I may mention that, upon great consideration and consultation also, it appears to me that the course which has been now taken, and which has the sanction of the crown, and has not met with any disapprobation on the part of the court — I mean your pleading guilty to this heinous offence is not by any means without precedent. It has occurred on former occasions, when the law was perfectly clear as it is in this case, and where the facts also admitted of being proved by the most overwhelming evidence from numerous quarters, and where it was perfectly clear, before the trial began, what the fate of it must be with regard to every individual charged, as we have the means of judging from the depositions, and from what passed yesterday of the nature of the transaction. It might appear to be a waste of valuable time, and also dwelling upon circumstances of a most painful nature without necessity, if we had gone over again all these circumstances. I think, therefore, that the course which has been taken is the most proper course, and I have to inform you, you are to consider that the last punishment of the law will not take place upon you, but at the same time I must state that I had come to the conclusion before the observations were addressed to me by the learned counsel, that it is clearly an effort which one ought to be reluctant to make, to prevent the last example from being given to ignorant persons at large of what they must expect if they indulge in courses like these. And it is absolutely necessary that the next example, in point of severity, should be made in the instances of some of those who appear before me. There is one of you, — I mean Thomas Mears, otherwise Thomas Tyler — who was not only extremely active in exposing the unfortunate man, your near relation, to the shot that destroyed him, in the first instance, but afterwards, for one day at least, continued in company of his fanatic leader, encouraging him to all the violence which you knew be was so capable of committing. With regard to Thomas Mears, therefore, it is perfectly clear that he ought not to remain in this country, and that he ought to be made an example of the severest kind, short of taking his life. He cannot be permitted to remain in that society where he made himself so unfavorably known, and where the example of his going on in the same course of life as he was in before might of itself be extremely mischievous. The name of Wills has also been mentioned, and I am sorry to say, from what came out yesterday, and from what I observe from the depositions, that although he may have been a man of respectable conduct before this offence, there has been an indulgence to a great extent of the bad feelings that were excited by the affair. Therefore, in the case of Wills, and I should say, more particularly, owing to his being a man in a rather more respectable station of life than the others, I fear, it will be impossible not to come to the same conclusion with respect to him. As to all the rest of you, your cases will be looked at with reference to the facts in which you have been respectively engaged, and the sentence will be apportioned, as it may be, to your several degrees of offence. But I think I ought not to conclude without observing that many of those — I believe half — who were committed for this crime have not been brought to trial; not that their crimes were not easy of proof, or deserving of severe punishment, but because it has seemed just to those who conduct the prosecution not to carry the law to its extreme effect, but to make a selection, humanely, mercifully, and considerately, from those who might have been every one of them victims of the law, and whose families must have severely suffered if any degree of punishment had been inflicted. Let it not be supposed that there is any fear on the part of any one to carry the law into effect; but let it be assumed and known that the law having been carried into effect, and vindicated by the acts which took place on the dispersion of the rioters, it is not thought necessary to pursue any farther the remedies which the law assigns, and that it is thought on all hands to be sufficient that those persons who now stand before me should undergo the severest degree of punishment short of death, and which I shall assign to them before I leave this place. But although it has been thought safe to refuse to prosecute some of those who have been less guilty in the transaction, I trust there will be no feeling of triumph, and nothing like the notion that the law will not be carried into execution when it shall be at all violated; and that the course now taken will have the effect of showing that, however persons may be influenced by particular moments of madness — and however confident they may be of the power in their own hands — and however confident they may indulge some of their worst feelings in a moment of such temporary power, the law is too strong, and will be put into force according to the exigency of the case when it has been outraged and insulted as it has been on the present occasion, for the protection of her Majesty’s subjects, every one of whom might be at the mercy of an infuriated mob if proceedings like these were not put down by the strongest hand in the first place, and by the last operation of the law in the second. I trust that it will be understood, and that it will be a good example not only to this country but to every part of her Majesty’s dominions. With these statements you will retire from this bar some of you, most undoubtedly, retiring from it and your country, which you will see no more; others, probably to be sent to distant parts, where you will be for a long time at least, removed from your dearest connexions; and some of you perhaps escaping with less punishment; and I confess I see with great compassion that some of you who have been on this occasion carried away by feelings of a most culpable description are now evidently most severely suffering, never perhaps having dreamt of the possibility of your being placed in the situation in which you now stand. No doubt, if you had seen your own share of guilt in this proceeding you would have abstained from taking part in it. That consideration I hope will operate upon others, but persons ought to learn that every one of them is responsible to his country for his own acts, and he must take care so to conduct himself that others may not be endangered, annoyed, and slaughtered by reason of his indulgence of any momentary feeling. You may now retire from this bar, and I hope the example will have it proper effect.

The prisoners, who were deeply affected, were then removed from the dock.

At the conclusion of the case a memorial of the coroner's jury, recommending the prisoners to mercy, was handed in to his lordship.

John Silk, James Goodwin, and John Spratt, were then placed at the bar, charged with the murder of Henry Boswell Bennett. To this they pleaded not guilty.

Mr. Sergeant Andrews, on behalf of the prosecutors, said he did not wish to carry this inquiry farther. They were then ordered to be discharged.

William Nutting was then charged with the murder of Lt. Henry Boswell Bennett. He pleaded not guilty. He was ordered to be discharged on the application of Mr. Sergeant Andrews.

William Coutchworth and Thomas Ovenden were charged with the murder of Henry Boswell Bennett. To this they pleaded not guilty. They were also ordered to be discharged upon the application of Mr. Sergeant Andrews.

From the Kentish Gazette 20 November 1838.

UNDER WOOD. TO BE SOLD BY AUCTION, IN LOTS.

On FRIDAY, the 23d of November, at the "Upper Red Lion," Dunkirk, at Three o'clock, about 50 ACRES of UNDERWOOD, in the East and West Blean Woods.

Richard Dean, Woodreeve, will show the Falls.

Kentish Gazette, 18 June 1844.

DEATH.

June 13, at the Ville of Dunkirk, after a long and severe illness, Charlotte, wife of Mr. Hilder, "Red Lion Inn," aged 55.

From the Kentish Gazette, 15 April 1845.

During the past week two men have been stationed at the "Red Lion," Boughton-hill, for the purpose of making a return of the traffic on that road to the shareholders of the intended North Kent Railway, in consequence of which they are on the qui vive (they live) night and day.

Kentish Gazette, 8 June 1847.

VALUABLE FREEHOLD ESTATE, VILLE OF DUNKIRK, KENT.

TO BE SOLD BY AUCTION, By Mr. WM. SHARP, AT the "Saracen’s Head Inn," in the City of CANTERBURY, on THURSDAY, the 1st day of JULY, 1847, at 12 o’clock at noon precisely, unless previously disposed of by Private Contract:

A substantial brick built MESSUAGE or TENEMENT called the the "Red Lion" public house, with the stable, lodges, outbuildings yards,
gardens, and several pieces of excellent PASTURE LAND thereto belonging, containing together six acres, more or less, situate on the turnpike road leading from Canterbury to Faversham, in the ville of DUNKIRK, in the county of Kent, and now let to Messrs. Shepherd and Hilton, as yearly tenants.

For further particulars, apply to the Auctioneer, or to Messrs. Plummer and Son, Solicitors, Canterbury.

South Eastern Gazette, 25 October 1853.

EAST KENT QUARTER SESSIONS.

Charles Watking, 27, and William Lawton Thompson, 35, a lawyer's clerk, were charged with having, in the Ville of Dunkirk, on the 13th August, fourteen counterfeit half crowns in their possession, with the intent to utter them.

Louisa Pay kept the "Woodman's Arms," at Dunkirk. (sic) On Friday, the 12th August, at about eight o'clock in the evening, the prisoner Watking came and asked for a bottle of ginger beer and two-pennyworth of brandy, for which he tendered a counterfeit half-crown. She put it into her mouth and bit it, upon which he said ha had got a sixpence, of which he was not at first aware, among his coppers, when she said if he hadn't she would not have taken the half-crown, as it was a bad one.

Henry Jennings, butcher, of Boughton-under-Blean, deposed to the same prisoner coming to him in the evening of the same day, and giving a half-crown in payment for some beef-steak, which he put with other silver. On the following Monday he found a counterfeit half-crown.

Harriet Theobalds, who kept the "Red Lion Inn," at Dunkirk, deposed that the same evening Watking came and asked for lodging for himself and partner; and the two slept in her house, having previously given her about a pound of beef-steak, which they requested her to cook for their breakfast.

William Bourne, police-constable, followed them on Saturday morning from Boughton to Canterbury, where they joined company, he detained Thompson when they reached the Terrace, on suspicion of having counterfeit coin in his possession, and being in company with Watking, who had attempted to pass some. In reply to his inquiries, Thompson said he slept at Canterbury. On searching him, he found on him fourteen counterfeit half-crowns; and Watking afterwards said, as they had no good money, they were compelled to make use of bad.

Police-constable Norley corroborated what was stated by the last witness, as to following the two from Boughton to Canterbury, and that he arrested Watkin, finding on him one counterfeit half-crown.

John Sherwood, silversmith, of Faversham, spoke to all the coin being bad.

Thompson said that he should prefer pleading guilty, and with his partner, requested to withdraw the plea already made, at once pleaded guilty.

Thompson hoped the Court would take into consideration that they had already been in prison ten weeks.

Nine months hard labour.