tam /et OgatiLt nail I rut ,-.- . t Our ilium ecntatttutian anti*alani• No. 1,263—V0t. XIII.] KENT ASSIZES. TRIAL OF NRSBETT. IPOI THIC YUIDEI OT NW PARKER AHD HIS MAIDSTONE, JUST 28. James Nesbett as indicted for the wilful murder of Thomas Parks*, at Woolwich, on.ibe 9d March, MO. A separate indictment charged him with the murder of Stull Brown, at the same time and place. There were also indictments imputing to the pnaoner the crimes of arson and burglary. The prisoner was first put upon his trial for the murder of Mr. Parker. The Common Sedeant and Mr. Chitty conducted the prosecution, and Mr. Andrews appeared Itir the prisoner. At the first sitting of the Court an application was made by the prisoner's Counsel to postpone the trial, on the ground of the absence of a material witness, but Mr. Baron Wood being of opinion that ample time had already been offered the prisoner to prepare for his de fence, refused the application. Mr. Chitty opened the pleadings, and the Common Serjeant stated the case to the Jury at great length, and with much perspicuity. The following witnesses were then called in support of his statement. Isabella Johnson proved, that on the 3d of March, between one and two, she saw the deceased Sarah Brown, the housekeeper of the deceased Mr. Parker. Witness spoke to her. Witness saw Mr. Parker between five and six on the same day nin his ow parlour—if be had gone to bed that night witness could have seen hint, but did not. Mary Giles proved that she lived next door to the de ceased—on the 3d March heard no knocking at the door —hoard it openand shut—heard a noise about eleven but did not know where it was. _ _ _ David Brooks proved, that on the 4th of March he was quartered at Woolwich, and passed Mr. Parker's house -at one in the morning. He saw smoke coming out of the chimney. At half-past one, on an alarm of 6re, he -came to the house—he broke open the door and went in —it was locked withinside, on the spring, as in the day time; the house and furniture were on fire—the front parlour was burning, full of smoke; he threw water 11110 the room. When the smoke was dispersed two bodies were laid on the table; could distinguish that one was a woman, but not the man; there was only one leg oldie woman left unhurt ; a man's.shoe was on the foot of that ; there was blood on the floor behind the parlour door—no great quantity; it was then wet. On his eross-examinstion he said, that there was a crowd of twelve persons at the door when he first went up--did not see any windows open. William Lyon, at two in the morning of the 4th of March, came to Parker's house, on an alarm of fire—the door was open ; he went in and managed the engine hose; the fire in the front room up stairs was extin guished; the parlour was smoking ; when the smoke subsided saw the skull of a human being on the floor; not severed front the body —pit was much burnt. I gave an alarm there was a woman behind the skull dead— her legs and•feet were burnt, and her clothes very much; her head and rice not at all burnt; there was blood about the nose ; there were marks of blows on the head: one .on the back part; the bodies were laid on the table; the body of the man, in lifting, broke into pieces. Stephen Howard proved, that on the 3d of March he was alarmed by fire between one and two in the night; went to Mr. Parker's house; the door was open; got a •ladder and broke the windows on the ground and first 'floors ; broke open the shutters of the parlour and bed room; went into the first chamber; saw a chest of drawers, with all the drawers pulled out; they seemed to have been rummaged ; papers were strewd about the room, and all appeared iii confusion; the curtains awl counterpane looked as if they had been burnt; the fire there did not scent to communicate with that below ; a blanket was fastened up to one window, which faced the street; went into the bedchamber; nothing burnt there nor tlisturhed; neither of the beds had been slept in that night; examined the back door; it was fastened; witness forced it open. On his cross-examination, could not be sure as to the state of the beds. John Hay proved, that on the 4th of March, at two is the morutug, lie went to Parker's house; took the engine ; went in •' eight or ten people there; wean into the flout chambe r; there had been tire about the bed, but it was out. 'f he fire them did not communicate with the fire to the parlour. The bedding was not camel, burnt—the bed was thrown out of the window before witness arrived. The drawers in every room had been opened, except in the parlour, so as to chew what they contained, and the articles dropped on the floor just under the drawers; there had been fire in the room over the chamber, that was a bed-room too, and more burnt than the lower one. The fire here could not have arisen from either of the rooms below; the bed curtains were nearly destroyed ' - the bed and bed clothes very much injured, particul arly the feathers; it must have been %Unto& a considerable time. SUNDAY, JULY 30. 1820. This witness described the state of the bodies more particularly, but not niateriallydiffering from the former witnesses. William Campion, a constable, proved, that on the third floor there was a box containing a considerable quantity of plate, souse of•-• it marked T. P. M. There was no plundering on the premises.. The rest of his testimony was similar to that ashes othirr witnesses. William Heaven proved, thet+esisuMi in the privy some papers mud a tin box, which he gave to the Coro ner's Jury. Adam Reid proved, that he well knew Mr. Parker and his housekeeper—saw their bodies. No one lived in the house but those two; recognized the body of Sa• rah Brown; could not distinguish Mr. Parker; the shoe and foot of one leg were nearly entire ; thought it was Parker's foot and shoe; 51W a good deal of jewellery on the floor in the parlour; the deceased had been a fancy jeweller; witness knew some of the jewellery before as belonging to the deceased. William Riven proved, that he made shoes for Mr. Parker; saw the bodies; recognized Sarah Brown; knew the shoe on the foot of the other body; thinks it was of witness's making ; had once stretched that shoe, so as to break it on each side of the strap; had no doubt of the shoe • Parker's foot was particularly high on the instep; had no doubt the foot of the body was Parker's. William Patten, a surgeon, proved that he saw the bodies; Parker's skull was fractured in several places; the blows seemed to be given with a circular blunt in strument ; thought is must have been a hammer; they ' must have caused instant death; the female's head was fractured in two places • the face much bruised; the fractures must have caused instant death. Thomas Coles, publican, at Portsmouth, proved, that he saw the prisoner at Portsmouth a month before the murder; lodged with witness; prisoner left witness on the 19th of February; he then owed 51.; borrowed 11. of witness then to go to London. Prisoner said he was going there to sell some goods, and to set his father and friends. Witness was repaid on the sth of March at noon, by a labouring man, who took away the prisoner's trunk—it was paid by a 61. note; saw the prisoner once after this in Portsmouth. When he lodged with witness he went by the name o f J ames Watson. . . Cross-eiansined.—Prisoner had valuable goods, chiefly silk. When sober, the prisoner was v e ry peaceable and quiet; had the opthalmia when living with witness; did not wear spectacles. Francis Faulkner—Coachman of the Hero Coach; drives all the way; recollects prisoner; on the 4th of March took him up at Monse-hill, 36 miles from Lon don • had a small bundle with him ; he sat on the b o x ; said be had come from town to Milford by the Chiches ter coach that morning; shewed witness a coral, which he said he had found; it was in a tarnished awe; left him at the Fountain Inn, Portsmouth. at six o'clock that evening. Cross-examined—But not for the Way-bill should not have remembered the day. Ann Kirby lived at Portsmouth; an unfortunate wo man there; first knew prisoner in November; knew him by the name of Watson;• knew him till he left Ports mouth in February; he had a nephew there; the nephew called him Watson. Prisoner said he was going to Lon don to get some money; saw him on his return from London on the 4th of March , said he had come from Woolwich front his friends • said he and another rode on horseback to Mouse Hall , and from thence he came by the coach; said he arrived at eight, and came to wit ness directly, prisoner slept with witness that night, at the Red lion. Next day, at breakfast, pris4ner sent a man to Mr. Cole's, with a note to pay 41. 15e. ed. The wan returned with a trunk and somechange in a paper. Prisoner slept four nights.more there with the witness. After that, the witness was afraid to sleep with him. He threatened to kill witness, and was so alarntel in his sleep, would cry out in his sleep •' What's that!" and call on some name, Betsey or Sally. In consequence of this witness left prisoner. He gave witness ear-rings and a shawl, and 1.55. immoney. Witness occasionally slept with him afterwards—his behaviour in the night conti nued the same. Prisoner said he had killed two men and one woman—the men in duels; it was a secret, and witness must not divulge it. He killed the woman by striking her, but he did not like to hear of it. Prisoner often went to the play after he returned from London, and dressed differently to what he had done before—a hat instead of a cap, and white top boots—let his whis kers grow, which he did not before, and wore silver spectacles. This witness underwent a eery long and severe cross examination, but she did not deviate materially from her nritiiiial story. William Duffey, nephew to the prisoner, was at Ports mouth in March; first saw prisoner at Portsmouth in November • his name is Jame s N es b ett; h e went by t h e name of Watson in November;_ he said he went after his mother's name. On the 4th March saw the prisoner at seven in the evening; said he came from Woolwich by the coach; said he had seen witness's motives at Woolwich. On the 6th of March saw prisoner s and Ann Kirby at the Kal Lton b it half -past 10 in the morn ing; never saw them together ague; after ae was IT. [Placa 9id. moved. witness received a letter from him ; witness dee stroved it; don't know that the signature James Nes. bete was the prisoner's hand-writing. The letter asked witness to get a matt and Mr. Cole to take their oaths, that the prisoner had desired the man to pay money to Mr. Cole by a 61. note, which Ann Kirby had sworn to be a 101. note; and wanted witness to go to Mr. Carter to get sonic money, which was taken Irons hint when be was apprehended; also wanted to know if Ann Kirby was coming against him; if she did he would have her cropped. for she was the worst enemy he had. Witness did not know what 'cropped' meant. Joseph Irish, watchmaker, at Portsmouth.e.-Prisoner came to witness on the 10th of March—left a repeating watch to be cleaned—it was cleaned. Prisoner called for it on the lath. Witness afterwards saw the watch in possession of Barnard Solomons—it was an old fashioned watch and very particular. Witness brought back the watch the same day—it had stopped—he called for it again in a few days—he asked its value. Witness said it was worth 51.—lie said, "Is it not gold ?" W Mies' said be it was. Prisoner said it had been in his family 100 yetis—he had the watch sway. Barnard Solomons, pawnbroker, at Portsmouth, knows prisoner; be came to witness's shop on the 22d March ; produced a watch—(last witness identified the watch as the one cleaned by him)—asked ten guineas for it ; said it had belonged to his deceased father ; he nes 83 years old when he died. Witness would not give that price for it. Prisoner said he had some old silver at the Geogre Inn, and would call the next day; he took away the watch, sod called the next day at three; he produced the watch and several spoons, Ex or seven table-spoons, and as many tea spoons; they weighed 17 ounces. Witness bought the whole for 91. 6s. 6d. (witness produced spoons), they are marked T. P. M. • and some W. M. P. Prisoner said his name was Page; witness sold some of the spoons but afterwards got most of them back. Prisoner acknowledged that these were the spoons and watch which he sold to witness. Edward Hunt, gaoler at Portsmouth, arrested the prisoner on the 23d of March ; went with Thomas Hill. at half-past II at night; found hint at the Red Limit he was alone. When I entered he pulled out a pistol ; I caught it by the muzzle; Hill followed me; in the scuffle I fell but got it from hint; he drew another pistol; Hill and the landlord laid hold of him; I got up; we secured him, and got away both the pistols; one was loaded with powder and wadding, nearly to the muzzle —no flint—the other had balls, and a flint, and printing. Hill starched liim, and found three keys. They opened a trunk, and a box in it—they were in the bed-room—. the prisoner's room—in the large trunk were clothes, a coral, and a file; there were remains of a mark on the coral ; it had been filed away, as it appeared by the file we found ; there was a cap with a gold band, and a pair of trowsers burnt at the hip, and a woman's apron ; and alto a pair of spectacles. not silver. lit the little box I found a gold watch, a pair of silver anger tongs. marked M. H. a silver sauce ladle. two table spoons, six tea spoons—die maker's name on the watch was Vick. London—several rings, brooches, chains, ear-rings, pins, and various ornaments, all gold, also souse knee-buckles. They were all shewn to the prisoner—he asked for an inventury—he said they were all his. Cross-examined.—Prisoner said he had bought some of the things of two men named Pearce and Carlile. This was three days afterwards. Thomas Hill accompanied the last witness, and corm. borated the whole of his statement; he produced the watch and a gold chain and seal, and another seal, engraved I'. P. with various other of the articles 111C11. armed by Hunt, particularly the silver spectacles marked T. P. which were found oil tot• prisoner's person; wit ness charged the prisoner with the murder. He relied, " You kuow but little about that yet, but you will know a great deal more." Henry Ridout, High Constable of Black heath.—l have known the prisoner many years; as long as I have known him he has guise by the untie of Nesbett; pri soner's father is now lit tag; he is quite a poor man. From October to March the prisoner was absent from Woolwich; Reid gave me some articles from the fire— Jewellery (witness produced them); they resemble those bound on the prisoner in fashion and date. 1 took down what the prisoner said at Portsmouth, and read it over to him, in the presence of Hill, on the 2.Bth March. No threat or promise was used to him.—(The paper was produced, and identified by the witness.)—l saw the pri soner sign that paper " James Nesbeit."—(The paper was read, and purported to be an account of the pri soner's purchesing, of some men whom he met near Woolwich, the articles found upon him at the time of his apprehension.) On the 11th of April prisoner made another communication to me in the gaol at Maidstone. I took down what he said, but not in his presence, nor did I ever show it to hiut.—(Wititess was allowed to read the paper.) It was a confession that the prisoner had been concerned in the murder, with four other men. who were then out of the country, and who, if they could be found, would, he dimwit, cleat Inns. The Jury roamed a verdict of esualts,and the prisoner was ordered fox no:cation on Monday nor.. • feloc