From the Kentish Gazette, 4 August 1857.

CROWN COURT.

(Before Chief Justice Willes.)

The Court opened this morning at nine o’clock.

Samuel Baker was placed at the bar, charged with the wilful murder, at Deal, on the 29th March, of Edward M'Carrol, an officer of the 44th Regiment of Foot.

The prisoner was a publican, his age was stated to be 36, and he was described as being of imperfect education.

Mr. Deedes (with whom was Mr. Robinson) appeared for the prosecution. The prisoner was defended by Mr. Sergeant Ballantine.

The first witness examined was James Morden, who deposed as follows:- I am a coast-guardsman, and am stationed at Deal; I know the prisoner, and have known him for some years. He kept the "Ship Inn" on the Esplanade at Deal. I did not know the deceased previously to the 29th March last. On the morning of the 29th March, about one o'clock, I was on my beat on the Esplanade, when the deceased — who was dressed in plain clothes and wore a cap — came up to me and asked if I knew where he could get anything to drink. I noticed he had been drinking. I took him to the "Ship Inn." the house kept by the prisoner. The deceased knocked at the door and Mrs. Baker called out, "Who's there?" I said, "It is a young gentleman wants something to drink." Mrs. Baker opened the door and the deceased asked to be served with some liquor "on tick" (or credit). Mrs. Baker said she did not give credit, and he had better be off about his business.

The deceased said, "You may go to ----, which is a good warm place, where you ought to be." Hearing this conversation I moved off two or three steps, but kept my eye on the door, where Mrs. Baker and the deceased remained for some few moments in conversation, after which Mrs. Baker shut the door and the deceased walked away. I could see everything that occurred, and if any violence had been used by the deceased or by Mrs. Baker, I must have seen it. No violence whatever was used by either party.

When deceased walked away he went in the direction of Prospect-place, towards Walmer barracks, where, as I afterwards learnt, the deceased was stationed. I continued on my beat, and about five minutes after the deceased had gone away I saw Baker (the prisoner) come from his house, without either hat or coat, and proceed in the direction towards Walmer. He was gone about ten minutes, and during the time he was absent Mrs. Baker came out of her house and accosted me. She said, "What do you think that young gentleman did to me?" I said, "I don't know," and she replied "He thrust his stick into my mouth and loosened two of my front teeth." I said "I did not see anything of that." I was at that time close to the prisoner’s wife. I could see her face distinctly, but could not see the slightest sign of any violence or injury having been done to her. About five minutes or so after this the prisoner came back to the house; he afterwards came out on to the beach to me. At that time he had on his hat and coat. Prisoner said to me "Which way did that young gentleman go." I told him, and the prisoner went away in the same direction. About halt-past two on that same morning. I saw the prisoner and his wife together in the front of their house. Baker said to me, "I catched him." I said, where did you catch him, and he replied, "I catched him near the Toll-gate, and I had something my pocket which I gave him." I asked where he had left the young gentleman, and prisoner said "I left him on the beach abreast of the dockyard, near the red light. He hollored for the police and the coastguard, but I told him if he wanted me he would know where to find me, as I kept a public house in Deal." My beat meets the beat of a brother officer named Goldsworthy, whose beat is from Walmer towards Deal. About half-past five o'clock the same morning I and Goldsworthy were conversing, when we saw an object lying on the beach We went to the spot and found the body of the deceased. Deceased's head was towards the dockyard, his feet being towards the sea. When we first saw him he was in a convulsed state. I saw a stick which I had previously seen in the possession of the deceased - the stick was about four or five yards from the body, nearer to Walmer. Shortly after deceased left prisoner’s house, I heard a cry or holloa, but I did not pay any attention to it, as about Deal the people are holloaing about all night long. (A laugh.)

John Goldsworthy sworn:- I am a commissioned boat-man in the service of the coast-guards. My beat is from Walmer towards Deal and proceeds as far as the flagship in the dockyard, where it is met by that of the last witness.

On the morning of the 29th March, I was on my beat. There is a foot-path on the shingle, or beach, opposite the dockyard. This leads to Walmer. Deal Castle is between the toll-gate and the village of Walmer; the toll-gate being at about the centre of the castle. The red light is on the Deal side of the dockyard, about four yards from the centre of the flagstaff. I patrolled the whole of my beat only once on the morning of the 29th March. That was shortly before two o'clock About half-past five o clock I was conversing with the witness Morden, when my attention was attracted to something lying on the beach. We went to the spot, where we discovered the deceased, who was lying on the beach with his feet towards the sea. When I first saw the deceased, I thought he was dead, but on touching him, he moved. I left Morden in charge and hastened and procured assistance, and the body was removed to one of the offices of the dockyard. I noticed that there were large stains of blood on each side of the place where deceased's head had lain. The blood had been partially soaked up by the shingle. I also noticed more blood on the upper end of the foot-path. There it was in drops, sprinkled as it were over the beach. I afterward, found a small patch of blood about seven yards from the place where the body lay when I first saw it, and there was the end of a cigar there. About six yards from this I found the stick produced. There was at the time a little blood upon the stick, at the thick end of it. The face of the deceased, when we found him, was covered with blood and we could not distinguish the features.

Morden re-called and cross-examined:- The deceased had evidently been drinking, but the prisoner had not. I don t believe the prisoner had been drinking, nor do I recollect ever having said that he had. I have been examined before the magistrates, and also before the coroner, but I don't remember having said the prisoner had been drinking - nor do I believe he had.

John Dessent sworn:— I am a bridlemaker, and live at Deal. On the night of the 28th and early on the morning of the 29th March I was at the "Ship Inn," on the Esplanade, Deal. I saw the prisoner several times during the night. A few minutes after one o’clock the prisoner came into the tap-room he then, for the first time, had his cap and coat on. The prisoner took up the tap-room poker, put it under his coat, and went out with it. I did not see any more of him that morning, as I left the house within a few minutes afterwards. I saw Mrs. Baker several times while I remained at the house. I saw her as I was leaving, and bade her "good night," which she returned. Mrs. Baker did not appear to have sustained any injury. She made no complaint of having been ill-treated. The tap-room door is in a line with the front door of the house. I heard no scuffle that night or morning.

My Mr. Sergeant Ballantine:- I was at the "Ship" from nine o’clock until a little after one. I was quite sober, as sober as I am now.

Police-Sergeant Henry Redsull, of Deal, sworn:- On the morning of the 29th March I was on duty near Prospect place. I was in company with Police-Sergeant Parker.

About half-past one we met the prisoner coming along Prospect-place at a rapid pace. He was walking about four miles an hour. He bade us "good night." I noticed something sticking out of his right-hand coat pocket; it had a kind of glittering white knob to it. On the same morning (the 29th), from something that had transpired, I went to the "Ship" and inquired for the prisoner. Mrs. Baker said her husband was in Mr. Bate’s coach-yard. I went there and found the prisoner. I told him that a man had been found near the dockyard with a severe wound on his head; the man had since died; and from information I had received I should take him into custody, on suspicion of being the person who had inflicted the blow which caused death. The prisoner said, "Yes; the man put his stick into my wife’s mouth, and nearly thrust out her tongue."

I took the prisoner to the station-house, and while there he said, "The man struck me first, and I struck him with a small bavin stick in self-defence." I asked him what he had done with the bavin stick, and said he had thrown it in among the other bavins. The prisoner was searched at the station-house; he was stripped, but no blood or marks of violence were found upon him. I searched the prisoner house, but could find no such stick as the prisoner had described.

Cross-examined:— The instrument that prisoner had in his pocket appeared to me to be a stick. I didn't search the prisoner’s house for the poker, as I didn't hear anything about the poker for two or three days afterwards.

Thomas Parker corroborated Redsull’s evidence.

Edward Huffan, a lad who found deceased’s cap in Prospect-place, and Capt. M‘Kennis of the 44th, who identified the cap and stick as having been the property of the deceased, were next examined.

Mr. George Mason, a surgeon of Deal, and Mr. Gibbs, surgeon, in the 44th Regiment, described the appearance of the deceased’s body, and the result of the post mortem examination. There were bruises upon the arms and legs, a serious contused wound fracturing the skull, and another - an incised scalp wound upon the head. The contused wound was the immediate cause of death.

This being the case for the prosecution, Mr. Sergeant Ballantine made a lengthened and earnest appeal to the jury, admitting the fact, that deceased’s death was received at the hands of the prisoner, but urging that from all the circumstances the crime could not be looked upon as one of murder - it being only manslaughter.

His lordship summed up with his usual minuteness, going through the evidence and explaining to the jury the difference in the law as regarded murder and manslaughter.

For instance, the two parties met for a fight and one was slain, it would be a ease of manslaughter against the individual who killed him. But if he had a malignant intention in his mind to do him grievous bodily harm and kill him, then it was murder; because a man had no right to measure the amount of injury which he would inflict. He would be guilty of murder, even though he had no intention of killing the man. If a man attacked another with his fist and he died it would be manslaughter, because death in such a case would ensue from a means which from experience it would not be imagined to cause death. But if that man assailed his fellow with any formidable instrument, such as would naturally be dangerous to life, and then death resulted, it would be wilful murder. It would be this, even though no actual intention could be proved to take away life.

The jury retired to consider their verdict. They consulted for twenty minutes and then returned a verdict of "Manslaughter."

His lordship deferred sentence.

From the Kentish Gazette, 4 August 1857.

CROWN COURT.

SENTENCE ON BAKER.

The Court opened this morning at nine o'clock. (Before Mr. Justice Willes.)

Samuel Baker, publican, who was yesterday convicted of the manslaughter of Edward McCarroll, was brought up tor judgment.

His Lordship spoke of the great enormity of the offence committed by the prisoner, and said he had looked most anxiously into the various features of the case to see whether there was anything that would make the crime committed less than homicide, homicide of the gravest character, only secondary in the slightest degree — if at all — to that of wilful murder. He had consulted with his colleague, the Lord Chief Baron, whose experience was much greater than his (Mr. Justice Willes’,) and the result of their most anxious deliberation was, that he must in the performance of his duty, pass upon the prisoner the most severe punishment known to the law next to death. The sentence of the Court upon him was that he be imprisoned and kept in penal servitude for life.

The prisoner, who seemed stupified at the sentence, was then removed from the dock.

Kentish Gazette, 7 April 1857.

MURDER OF AN OFFICER OF THE 44th REGIMENT.

The town of Deal was thrown into a state of great excitement on Saturday se'nnight, by the intelligence that Ensign M'Carroll, a young officer of the 44th Regiment the depot of which is at present stationed at Walmer barracks, had been murdered near the naval yard. It appear that Mr. M‘Corrall was found at about five o’clock in the morning lying upon the beach in front of the naval yard in a dying state with his skull fractured, a deep gash on the side of his head, and one of his fingers much injured. He was immediately attended by Mr. Mason, surgeon, who had him conveyed at once to the Naval Hospital, but notwithstanding the attention paid to him, he expired at about nine o’clock, having been insensible from the time he was first discovered. In the course of the day a man name Samuel Baker, the landlord of a public-house, called the "Ship," upon the Naval Esplanade was apprehended an charged with the murder. He confessed that the unfortunate deceased went to his house between one and two o’clock in the morning, and asked for something to drink which Mrs. Baker refused to give him, whereupon he struck her with his cane, and immediately left the house. Mr. Baker followed him and admits that he overtook him an knocked him down. A coast-guardsman who was on duty in front of Mr. Baker’s house, states that Mr. Baker came to him at an early hour in the morning, and asked him if he saw a man leave the house, and in what direction he had gone. On telling him, Baker went into his own house and returned with some weapon in his hand, with which he followed in the direction the young officer had taken and on returning shortly afterwards "exclaimed, I have given him something that he won’t soon get over." The deceased was only 19 years of age. On Monday the case came before the magistrates, when the following facts were elicited.

The first witness examined was a boatman, of the coast guard service, named Goldsworthy, whose evidence went to show the discovery of deceased on the beach, and the position in which the body was found.

James Morden, a boatman of the coast-guard, deposed that he was on duty on Sunday morning, between the dock yard and the flag-staff esplanade, about one o’clock, when near the flag-staff he was accosted by the deceased who whishes him good morning, and said he had been to the election and lost £5, he then asked him if he would take anything to drink, which offer he refused, being on duty. The deceased then enquired if any public-house was open, to which he replied yes, there was one abreast of them, meaning the "Ship," kept by the prisoner, Samuel Baker. He then walked up to the door and knocked against it with his stick. Mrs. Baker asked who was there, the deceased replied that he wanted a glass of grog on tick; she refused to supply him with any and told him to go about his business. Witness then left him and went on guard again, but was in a position to hear and see all that took place; he did not see the door, which was partially opened, closed; the deceased did not go into the house at all; when refused the grog he said "you may go to hell, a good hot place for you," did not see a stick introduced when the door was opened. Baker came out of his house a few minutes after the officer left and told the witness that he had shoved his stick into his wife’s mouth and loosened some of her teeth, saw Baker go along the street without coat and cap in the direction of the Walmer-road, and return after an interval of ten minutes. In about five minutes after that, he saw him (Baker) come out a second time from his house, when he asked which way that gentleman went; he told him in the direction of Mr. Fitch’s shop; Baker had then a coat and hat on, did not run but walked, and did not appear angry. About half-past two observed the prisoner and his wife standing on the esplanade. On meeting Baker the last time he said that he caught the gentleman near the toll gate, adding he had something in his pocket and that he gave it to him. Witness then asked Baker where he had left him; he said on the beach abreast the dockyard, near the red light, moreover that he told the deceased he kept a public-house in Deal so that he would know where to find him. In the morning about a quarter-past five being at the end of his patrole, met Goldsworthy who noticed something lying on the beach which he supposed an anchor stock; on examination found it was a man apparently in a dying state, and the thought immediately struck the witness that it was the gentleman Baker inquired about; recognised the stick lying near the body as the same with which the deceased had knocked at the door of the "Ship."

Alexander Gibbs, surgeon of the depot, deposed that between six and seven o’clock he was called upon to attend the dockyard, where it was represented an officer had been nearly killed. He lost no time in repairing to the spot and there recognized Lieutenant Edward Carroll, of the 44th Regiment, lying on the floor before a fire in a room at the dockyard, he was alive, but quite insensible, and the face of the deceased had been washed. Mr. Mason, a surgeon of the town, was in attendance. On examination witness found an incised wound of the scalp, about three inches in length, and down to the bone of the skull, and which apparently had been inflicted by some sharp instrument. In conjunction with Mr. Mason, he made an arrangement for the conveyance of the deceased to his quarters at the barracks, where he was immediately placed in bed, and only lived about an hour after his arrival at the barracks and expired in a perfectly unconscious state. In addition to the wound there was a contusion, behind and above the left ear and from the left fore finger part of the skin was torn off apparently from the effects of a violent blow.

Henry Rudsell, policeman, deposed, that at half-past one or thereabouts on Saturday morning, while in company with Parker, another policeman, they saw Baker pass down Prospect-place, near the "Deal Castle public-house." Prisoner was walking quietly, wished him good morning, which was returned, and saw something in his right hand pocket, which looked like a stick with a white end to it; did not see Baker again till he apprehended him about half-past nine o’clock, when he told him a man had been found with a very serious wound on his head, and that he suspected that he was the man who had inflicted the blow.

Rudsell’s evidence closed the proceedings on Monday, which were resumed at ten o’clock on the following day.

George Mason, Esq., surgeon, Deal, deposed, that he was called on Sunday morning about half-past five to see a man on the beach, reported to be in a dying state; he went immediately and found that he had been removed to the boathouse in the dockyard; he was lying on the floor with his face covered with blood, pulse scarcely perceptible, and in an unconscious state. By the direction of Mr. Wootton he was taken to a room belonging to the dockyard. Had his face washed and used every means in his power to restore circulation, by means of brandy and ammonia. On examining his head found a wound three inches in length, reaching down to the skull; at that time did not know who he was, but on taking off his boots, &c., found he belonged to the 44th Regiment, and immediately sent to the surgeon of the same, who arrived in about half an hour. With as little delay as possible he caused the deceased to be removed to his quarters in barracks. By order of the coroner, a post mortem examination was made at four o’clock on Monday afternoon, by Dr. Gibbs and himself, when they observed several abrasions and enchymose appearances on the outer and lower part of the left arm, and a considerable laceration on the back part of the left hand; there was an abrasion on the upper part of the left side of the chest, and several scratches on the throat, apparently done with the hand. Abrasions were also seen on the outward and back part of the right thigh, and on the front and upper part of the same leg; blood was seen about the nostrils and left ear, and both pupils were dilated, but the pupil of the left eye more than that of the right. On removing the scalp, a quantity of effused blood was found extending behind the ear, and spreading over a great portion of the head.

Mr. Mason here entered into a detailed description of the contused wound, which was three inches below the incised one; the former, he considered, was caused by a very heavy instrument, and not by a fall, thought a blow from a poker would have produced the effects presented. The fracture occasioned by the blow was seven inches in length, and extended through the temporal, parietal and small portion of the frontal bones; was of opinion that death was caused by the contused wound entirely, and that the deceased could not have had any consciousness after it was inflicted. Mr. Mason, at the close of his evidence, bestowed a deservedly high eulogium on Mr. Wootton, of the dockyard; and Dr. Gibbs, who concurred in the evidence of Mr. Mason, felt himself bound to acknowledge the prompt, kind, and humane assistance rendered by Mr. Wootton on the occasion.

J. Dcssant, brickmaker, deposed, that he was at the "Ship" on Saturday night the 28th, and on Sunday morning the 29th; several persons were in the tap-room, and the prisoner was with the company occasionally. About one o’clock in the morning saw Baker go out of the room, but before doing so, he went to the fire-place and put the poker under his coat, after which the witness saw nothing more of him. Before leaving the house witness saw Mrs. Baker and said good night. Nothing was said about her being injured, and was not aware that anything amiss had occurred. Heard no noise or knocking at the front door of the "Ship," although the tap-room door opens close to it.

Thomas Parker, policeman, deposed, that while accompanying Redsull on Sunday morning, they met Baker in Prospect-place. Witness noticed that he had got something in his right-hand pocket, in which was also his hand; it appeared from two to three feet in length, and projected from his pocket, in resembled in size a riding whip, and had a bright top like metal.

The evidence having been brought to a close, the Mayor asked the prisoner if he had any defence to offer or anything to say; in reply to which questions he said that he should reserve his defence.

The prisoner was then fully committed for trial, and has been sent to Sandwich gaol until the next assizes at Maidstone. Baker was an omnibus driver, and came to Deal a few years ago from Faversham.

The coroner’s inquest was resumed on Thursday.

The evidence was mostly a recapitulation of that taken by the magistrates, and at the close the jury returned a verdict of wilful murder against Samuel Baker.

The remains of the late unfortunate young officer were interred on Wednesday at the Walmer Military Ground. Most of the houses and shops were partially closed, and the public and shipping establishments had their colours hoisted half mast. The whole of the officers of the regiment, with many of the leading inhabitants and tradesmen, followed the body to the grave.