From the Kentish Gazette 20 March 1838.

KENT ASSIZES.

These assizes commenced yesterday week at Maidstone. Sir N. C. Tyndal presided in the Nisi Prius Court, and Sir Wm. Vaughan in the Criminal Court.

CHARGE OF SHOOTING WILLIAM KNIGHT, AT CRANBROOK.

Samuel Kennard was charged, that he, on the night of the 25th of February, did shoot and kill William Knight, at Cranbrook.

Mr. Deedes was retained for the prosecution, and Mr. Clarkson and Mr. Hodkin for the prisoner.

The greatest interest was excited by this trial. At an early hour the Court Yard was thronged with persons, and the Court House was nearly filled with respectable females on the various doors of the hall being opened.

John Knight was first called:— He said he lived at Ivy-church. William Knight, the deceased, lived at Kennardington, about fourteen miles from the prisoner's house. Witness is son of the deceased, he went to see his father on Sunday the 25th of February. His father left home that afternoon about ten minutes past three, with some wild fowl in a basket. He said he was going to Mr. Richard Beale's to present him with a brace of birds, and to the prisoner's for the same purpose. He said he should be at Tenterden the next day about twelve o’clock, and was very sorry to leave him (witness) so soon, but if he delayed starting he should be late at the prisoner’s residence, at Milkhouse Street. His father said that the prisoner had been a friend to him, and he should lake the fowls to him as a present.

On his cross-examination the witness said his father and the prisoner were on very good terms.

John Boorman was next called:— He said he was a labourer. He knew the deceased; he saw him about eight o'clock on the 25th of February at the "Chequers," about four miles from Milkhouse Street. Saw him leave the "Chequers" about half-past eight. He had a brace of wild fowl in a basket, which he carried over his shoulder on a stick. Witness walked a short distance with him towards Milkhouse, were he was going he said to make a present of the fowls to a friend. He did not mention the name of any friend.

James Holness examined:— Is a labouring man. He remembers on the night of Sunday, the 25th of February, as he was going from Cranbrook to Biddenden, passing the prisoner’s house, and hearing a gun fired; this was about ten minutes before ten o’clock. A person named Finn was in the company of witness. A gateway leads from the road to the prisoner’s premises. Within the gate is a garden plot. A path goes from the gate to the front door of the house, and there is a path round the corner of the house to the back door, which is situated at one of the sides of the house. They were opposite the gate when the gun was fired. Before he heard the report he heard a dog barking; it appeared running about. After the gun was let off he beard a voice exclaim "Oh Kennard, what are you about, you have shot me." He afterwards went to the beer shop called the "Bridgeland Arms" with Finn. The beer shop is forty or fifty rods from the prisoner’s house. On their way they met a man named Crump. Did not go back to prisoner’s, but proceeded on his way to Biddenden. It was a dark night.

James Finn called:— He was with Holness, and corroborated his testimony, except as regarded the night; he said it was starlight and clear. There was he said a quick hedge between prisoner’s house and the road. There was an apple tree in the garden. The hedge was a young one.

Cross-examined:— He was close to the hedge and could see over it into the garden. He did not observe anything in the garden.

John Crump:— Is a bricklayer, at Cranbrook. Has lived there some time, and knows the prisoner's house. [This witness underwent a lengthened examination upon the situation of the prisoner’s house.] He had gone to Kennard's house on the evening in question in consequence of the information he received from some men; a neighbour named Gilbert accompanied him; it was about a quarter or twenty minutes before ten. When he reached the gate he did not enter, as he could neither hear nor see anything. He walked away and returned again. He heard a voice, and saw Robert Wood come out of the door with a light. Wood is servant to the prisoner. He then saw a man lying on the ground. He went up to the body. It lay at the corner of the house. It lay on its back, with the feet pretty near the path-way. Knew the person to be William Knight. He was alive, but did not speak. Witness went for assistance, and returned in ten minutes; the man was dead then. He went into the house. First saw Mrs. Kennard, she was standing at the bottom of the stairs. Saw the prisoner afterwards come down stairs. He was dressed. Asked him what was going to be done with the body; he replied "Let him lay," and ordered witness off. He went off, and called upon a man named Coleman, and returned and assisted him to put the body in an oast-house on the premises

Cross-examined:— Coleman is a constable, who had not been to the house when the prisoner ordered him (witness) to leave the premises.

Re-examined:— Did not know if the prisoner was in liquor.

William Gilbert was called, but not examined.

William Coleman, is borsholder of Cranbrook. On the night in question be went to prisoner’s house about eleven o’clock; John Crump and William Gilbert went with him. Saw deceased lying in front of the premises. The body could be seen by a person standing at the back door. He went to the front door, and rapped. Mrs. Kennard opened the door. He could see the body from the front door. It lay at the corner of the house, he went into the kitchen, where both Mr. and Mrs. Kennard were. He said to Kennard "This is a very unpleasant thing that has happened." Had known Kennard many years. He was sitting on a couch in the kitchen, and appeared to be tipsy. He (witness) said "I can bring the body into your kitchen if I like, it is the nearest shelter." He had previously said that the corpse lay at the corner of the house. Prisoner said he knew nothing about it. Witness then asked for the keys of the oast-house to put the body in, but Kennard refused twice. He then asked Mrs. Kennard to give them to him. She turned to prisoner and said, "Master, may I give him the keys," and he exclaimed "You shant." Witness then went out to get some straw, and Crump called him back. and they then received the keys. They deposited the body in the oast, together with a basket of wild fowl and a stick, which were found lying at his feet. The next, morning he accompanied the high constable to the oast, and examined the body. They found some shot in the left breast, rather lower than the breast. There was in his pockets £3 11s. 7 1/2d. in money, a snuff box, a knife, and two keys. Had known deceased, and often saw him in that part of the country. Deceased was a particular friend of the prisoner’s, and had frequently seen them together.

Cross-examined:— Saw that Kennard was tipsy. What he said was calculated to excite him. Had no reason in particular to dislike the prisoner. Had not a particular old grudge with him. Had had words with him two or three times. He (witness) had never threatened to shoot him. Prisoner one day said to him, "I have a great mind to shoot you." He replied, "Stop and let me fetch my gun, and then I shall have no objection to it." He had charge of the peace at the time. He thought he had a right if he chose to fight a duel with a gun. He did not think there was any thing improper in his doing so, being a borsholder.

George Dadson, the high constable, examined:— Had held his office eight or nine years, and known the prisoner a long time. He went on the 25th to prisoner's house, and saw him coming out of "Bridgeland's" beer shop. Said “Well, Kennard," who replied, "I suppose, you want me. don’t you." Witness said, "I don’t know that I do; I want to know how the poor man came by his death." He answered, "I’ve done what I meant to do, and you may take me as soon as you like. I have been annoyed a great many times by persons throwing stones at my house and calling me up." He answered, "I am very sorry to hear so." The prisoner then said, pointing to the borsholder, "This man comes to my house demanding the keys of my premises, and I don't know what business he has to come there at all." This conversation took place at the beer shop, and he thought the prisoner appeared in liquor. Witness afterwards went to the prisoner’s house. Saw one spot of blood where the body had lain. There appeared some shots in an apple tree near the place. The shot marks were three or four feet from the ground. He took possession of the stick and basket. The were marks of the shot on the stick. Whilst in the oast Kennard called him out, saying he wanted to speak to him, and he went with him into his house. He there asked by what authority he (witness) came on his premises. He seemed little intoxicated. Witness said, "As a constable he was duty bound to be there." He said, "I don’t know that; I don’t think you've any business here." Mrs. Kennard remarked, "I wish I could see you once more in your right senses." The prisoner replied he was in his senses, and repeated it several times. Witness went to the prisoner’s house again on the same day, and found three guns and a pistol. None of them were loaded. One was hanging over the mantle in the kitchen, and two were in a little parlour. Thought two of them had been recently discharged. The prisoner did not seem sorry for what he had done, and he said he would do it again, he had omitted to bring the basket and stick; they had been in his possession ever since.

Mary Kennard examined:— Is niece of the prisoner, and bad lived with him nearly all her life. Recollected the night of the 25th of February. Her bed room fronted the road; Mr. Kennard's bed-room window is at the side of the house where the back door is. She passes through his room to get to hers. There is another front room; it is a spare one; that also opens to her uncle’s room. After she had been in bed some time that night there was a rapping at the front door. She left her uncle and aunt up when she went to bed. The front door is close under her bed-room window. She heard a dog barking; she did not look out of the window; she heard a noise like the report of a gun; she did not hear voices before the gun was fired; she got up soon after. The noise of the gun proceeded from the side of the house. Shortly after it was fired her aunt opened the door. Did not know if the gun were loaded or not. Had seen a gun in her uncle’s bed room once before. Did not know if the prisoner was in his bed room. Her aunt spoke to her from the room. Before her aunt spoke to her had heard nobody go down stairs nor any body walking about the house. When she looked out of the window, she something black lying, but could not distinguish what it was.

By the Court:— It was not light enough to distinguish any object.

Cross-examination continued:— Had been frequently annoyed by persons at night rattling the front door, and running away; sometimes three or four times in a week. Had heard her uncle say he would send them to prison if he discovered them; never heard him say he would shoot them. Knew William Knight was a friend of her uncle’s; they were on intimate terms, and he used to stay and have a bed when he liked. Her uncle went to bed generally between eight and nine o’clock.

Cross-examined:— Could not say if her uncle was sober that night. The annoyances used to be at all hours of the night. Sometimes the gates were taken off their hinges, and the stones carried away from the door. Her uncle’s window was further from what was lying on the grass than her own. The discharge of the gun followed immediately on the rapping at the door. If a person stood at the front door, nobody could touch him by firing from her uncle’s window. She was an orphan, and had been brought up by her uncle with great kindness and affection.

Robert Wood examined:— He lived with Mr. Kennard in February last:- On the night of the unhappy occurrence he went to bed about eight o’clock. His master and mistress had not retired. His mistress woke him up. She had a light. The prisoner’s room was about five yards from his (witnesses). He did not hear the prisoner say any thing. In consequence of what his mistress said he took a lantern and went out and saw a man lying on his back about seven or eight yards from the window. A person standing at prisoner’s window could shoot another where deceased stood, without putting out his body. Had seen Knight two or three times since he had been in service, and he had once slept at his master's.

Cross-examined:— His master was always kind to him, and so he was to the poor man that was killed. Persons were constantly robbing and annoying them, and of calling him up and insulting his master. They broke the garden posts one night and fastened back the gate, so that any thing from the road could overrun the garden. They had opened the gate of his fields and let the stock stray. On the night in question, master was a little intoxicated. He ordered him some beer after being up. He did not do it for him to speak in his favour.

Mr. Jonathan Cork, a surgeon of Cranbrook, stated that he examined the body on the 26th of February, at the "Bull," at Milkhouse-street. He found twelve shot wounds on the left side of the breast. There were eighteen marks on the left arm below the elbow, and three on the back of the left hand, as if received whilst holding a stick over his shoulder. He extracted nine shots — one from the heart, one from the lungs, five from the arm, and two from the chest. He had them with him, and produced them. He was informed they were number threes. They had not been out of his custody. There were three wounds in the heart, which he should decidedly say would cause death. There were three wounds in the left lobe of the lungs. He passed a probe obliquely into one of them, from above downwards. It was fair to infer the shot was fired from above.

No other witnesses were called.

Mr. Clarkson then rose and addressed the jury on behalf of the prisoner:— He dwelt with considerable force and eloquence upon the points of the evidence favourable to the prisoner. The absence of all malice against the deceased was proved by all the witnesses. The prisoner had been annoyed, insulted, plundered, and injured night after night, and his feelings had been worked into a high state of exasperation by these continual harassings, heightened, no doubt, by an excessive indulgence in liquor. They could not find him guilty of the capital offence. His crime amounted to manslaughter; and be called upon them to look at the prisoner, an old man on the verge of the grave, and not return a verdict which would condemn him to a severe and dreadful sentence.

On the Judge proceeding to sum up the evidence the jury said they would save his lordship the trouble of recapitulating the case, as they were quite agreed that the prisoner was guilty of manslaughter.

The Judge then passed sentence on the prisoner, and assured him that he had had a narrow escape of his life, he considered him unfit to go again at large in his native country; and he felt he should not be discharging his duty if he did not visit him with the heaviest punishment of the law. He then ordered him to be transported beyond the seas for the term of his natural life.

The prisoner is very respectably connected. During the whole of his trial he paid great attention to the evidence. About two hours after the trial commenced he was accommodated with a chair. During the address of Mr. Clarkson, as well as the charge of the Judge, the prisoner was greatly affected. He covered his face with his handkerchief and wept bitterly. The trial lasted about six hours.

We understand that strong interest will be made to get the sentence of transportation remitted.