The Observer, Thursday, 25 September 1890

A VILLAGE CRIME.
A YORKSHIRE POLICE-SERGEANT SHOT DEAD.
EXTRAORDINARY STORY.
SLEEPING WITH THE MURDERER.
LEEMING, Monday

A murder of a callous and brutal description has been perpetrated at Leeming, a village about a mile from Leeming-lane Station and two miles and a half from Bedale. The victim was an acting sergeant of the North Riding police named James Weedy, aged 43 years, a native of Hoppen, near Bambrough, Northumberland, and the supposed murderer is a market gardener named Robert Kitching. Kitching, who cultivates a small garden, was heard some 18 months ago and again about seven weeks ago to threaten that he would "do" for Sergeant Weedy. On Friday night Weedy found Kitching drunk in the Leeming Bar Hotel, and ordered him to go quietly home with his pony and cart, which had been standing in front of the hotel from a late hour in the afternoon. A few sharp words were said, and those who were present declared that Kitching's threat was to the effect that he intended "to do" for Sergeant Weedy before the night was over. Nothing more, however, was thought of the matter. Kitching's conduct continued to be such as to cause the police-sergeant to follow him home to his dwelling-house at Leeming. On reaching home Kitching appears to have gone into the house, got his single-barrelled muzzle-loaded gun, gone back to his garth gate, and shot at Weedy, about a yard from him,

KILLING HIM INSTANTLY.

After committing the awful deed Kitching appears to have gone to his wife's father's house, and awakened the household by the startling news that he had shot the police-sergeant, and that he was in need of help. One of them assisted to move the body, and then they returned to the father's house, where Kitching slept for some time with his brother-in-law, after which, at five o'clock in the morning, the pair returned to the scene of the murder. After making all ready, the accused seems to have have loaded his plumbs, and a young pig he had to deliver in Richmond market, and to have driven past the scene of the recent murder, and past the place where the body of the murdered man had lain all night exposed to inclement weather, on to where his father-in-law lived. Here Kitching and his brother-in-law had refreshment in the shape of a cup of tea. Kitching then went on to Richmond market, and was in the act of putting up the canvas which covers his stall when Police-constable Nixon apprehended him on the charge of having murdered Sergeant Weedy.

The inquest was held on Saturday night, at Leeming, by Dr. Welton, the coroner for the division of North Riding. The inquiry was attended by Superintendent John Nicholson, of Leyburn, who objected to the presence of the reporters on the ground that if the evidence was fully reported it might interfere with the ends of justice. The Coroner excluded the Press.

Robert Lambert, labourer, of Leeming-lane, said he knew the deceased, and he last saw him about 10 o'clock on Friday night at Leeming Bar Hotel. Deceased then said to the accused, Robert Kitching, who was kicking up a row, that he had better go home, whereupon the accused replied that he would not go for a —— like him. Sergeant Weedy thereupon said, "I want no nonsense;" and Kitching replied, "I will blow the b——'s brains out," meaning Sergeant Weedy's. Kitching then asked him (witness) to ride home in his cart, but he refused. Kitching was not drunk, but had had a glass or two. In reply to a question, witness stated that Kitching said he would blow the sergeant's brains out two or three times.

Marmaduke Hauxwell said he knew Weedy very well. On Saturday morning, about 5.45 he was going up the line in Leeming Village when he met Fred Holland, the huntsman to the Bedale Hounds, going along with the pack. Holland said to him "Be quick as possible as Sergeant Weedy is laid down yonder," and he pointed to the green in front of Robert Kitching's gate. He hastened to the spot, and there found the body of the deceased laid just outside the gate which opened into the paddock where Kitching lived. The body was laid on the grass on its right side close to the gate. His cape was two or three yards from the body, in the middle of the road.

John Caygill, groom, of Leeming, in the employment of Captain Lascelles, of Bedale, said that about ten minutes past 11 o'clock on Friday night his brother-in-law, Robert Kitching, came to his father's house at Leeming Bridge, and knocked loudly for admittance. He was in bed at the time, but his father called to him to see what was the matter. He looked out of a window, and saw Robert Kitching there. He said, "What is the matter? Who is there?" and a voice replied, "Me, Robert Kitching." Kitching said, "Come down, and I will tell you something," and he replied he could not come down. His father thereupon went downstairs, and he followed him. The door was opened, and Kitching came in. He said,

"I HAVE SHOT WEEDY,"

or "I have done for Weedy," he could not exactly say which: but he witness understood from Kitching that he had killed him. They dressed and went with Kitching to his house. On going up Leeming Village he (witness) followed about 10 yards behind his father and Kitching, but on the latter getting to the gate leading to the garth, Kitching suddenly turned round and said to him,

"IT'S RIGHT, JACK; HE IS LAID THERE."

They then passed by the body, and went into the house. Kitching proposed to seek his wife, but he (witness) offered to go and seek for her. They both went to seek her in Lambert's field, while they also searched the house and the granary, but could not find either Kitching's wife or his four children. Kitching then went to the place where Weedy was laid, and he saw it was Sergeant Weedy. Kitching got hold of Weedy's body by the shoulders, and he (witness) said to Kitching "Who is it;" but the latter said nothing. Kitching then said "I am going to put him through the gate." He said to Kitching "Let him be," whereupon Kitching replied "Will you give me a lift?" He was afraid of Kitching, and took hold of Weedy's legs just below the knees. They were quite stiff, and

THEY CARRIED THE BODY OUTSIDE.

Afterwards they returned to the house, and Kitching got his gun and said he would go and seek his wife. When they got opposite the mill, Kitching said it was no use carrying the gun any longer, and he then threw the gun into the beck. This would be about one o'clock in the morning. As they could not find Kitching's wife he returned home with him, and

THEY SLEPT TOGETHER IN THE SAME BED

until about five o'clock in the morning. Kitching then got up and asked him to help to load for Richmond, as he had a pig and some fruit for market. He went back with Kitching to his house, and Kitching called at Mrs. Wade;s, a neighbour's house, and asked if his wife was there as he wanted to see her. She replied, "No." Where upon he (witness) said to her, "I believe Kitching has shot Weedy." He asked her to tell someone, but she seemed frightened, and said, "Go and tell Chisholm." He then went with Kitching and helped him to load, and after the cart was loaded, he rode with him as far as his father's house. As they drove past the place where Weedy had been laid he noticed the sergeant's lamp and stick lying against the wall. Kitching stopped at his father's house and had some tea, and then drove on to market.

Inspector John Holmes produced a gun which he had found on Saturday afternoon in Leeming Beck, close to Harrison's mill. He also produced deceased's clothes, which were pierced by a gunshot.

Dr. Thomas Haisfall, of Bedale, said he was called to see deceased's body early on Saturday morning. He had since made a post mortem examination, and found that deceased's death was due to a gunshot wound on the left side of his neck. The charge had passed backwards and inwards, causing a fracture of the vertebrae. The gunshot wound was the cause of death. Death must have been instantaneous.

The jury found that James Weedy died from a gunshot wound inflicted by Robert Kitching.

Deceased, who was 43 years of age, was greatly respected. He leaves a widow and 12 children.

SCENE OF THE MURDER.
Weedy lived in a pretty little cottage just 50 yards away. A road formed of brick rubbish led up the steep garth to Kitching's house, which is about 80 yards distant. About five yards from this gate, up the bank, was a large pool of clotted blood, and this was pointed out as the exact spot where the murder was committed. After the shot was fired Weedy seems to have fallen forward on to his face. The left arm was stretched out and the fist firmly grasped together, while the right fist was clenched and the right arm stretched across the chest towards the left, an indication that the poor fellow had seen his assailant level his gun and had put up his hands to ward off the shot.

THE FATAL SHOT.
Weedy's tunic had a hole of about four inches wide blown in it just beneath the star which denoted Weedy's rank, while his waistcoat was also shot through. His trousers were stained at the waistband with blood. It was evident that the body had not been dragged as his uniform bore no signs of any kind nor were there any marks on his clothes or on the ground of a struggle having taken place.

THE VICTIM.
Some three months ago a proposition was made to remove Weedy to Richmond when several changes were being made in the police arrangements, but Weedy sent in a petition to headquarters and pointing out that, although the change might be a step up so far as rank was concerned, it would prove a disadvantage to him, seeing that he had such a large family. The petition was successful, and poor Weedy thought himself extremely fortunate in being allowed to retain his place at Leeming, little dreaming of the fate hanging over him. He was a very powerful man, witha nerve of iron, and stood 5ft. 10in. in height. The great feature in his charachter was his devotion to duty, and this characteristic has no doubt led to his untimely end.

THE ACCUSED.
Robert Kitching is a man of about 30 years of age, and has a wife and four little children dependent on him. Some years ago he lost his left arm by the bursting of a gun, and he has since worn a crook. He is said to have a most ungovernable temper, and he has been before the magistrate on more than one occasion. His behaviour in Bedale lock-up was wild and noisy, and he did not seem to realise the awful position in which he was placed. It is said one of his sisters is now an inmate of an asylum.

Yesterday the scene of the murder was visited by hundreds of people. The visitors without exception conducted themselves in an orderly manner. Public feeling runs very high on the callousness of the crime.

The Yorkshire Herald - Saturday, September 27, 1890. (page 5)

BRUTAL MURDER OF A POLICEMAN NEAR BEDALE.
ARREST OF THE MURDERER.
INQUEST AND VERDICT.
Yesterday week a murder of a most callous and brutal description was perpetrated at Leeming, a village about a mile from Leeming Lane Station and two miles and a half from Bedale. The victim was an acting sergeant of the North Riding police, named James Weedy, aged 43 years, a native of Hoppen, near Bambrough, Northumberland, and the supposed murderer is a market gardener named Robert Kitching. That the murder was premeditated there seems very little doubt. Kitching, who cultivates a small garden and who sells not only what he grows but what he is able to purchase from his neighbours, was heard some eighteen months ago and again about seven weeks ago to threaten that he would "do" not only for Sergeant James Weedy, but the energetic Officer of Excise, Mr. A. H. Kirkby, stationed at Bedale, both of whom reported him for driving his conveyance and conveying passengers without a licence. On Friday night Sergeant Weedy found Kitching drunk in the Leeming Bar Hotel, kept by Mr. Frank Lowis, and ordered him to go quietly home with his pony and cart, which had been standing in front of the hotel from a late hour in the afternoon. A few but sharp words were said, and those who were present declared that Kitching's threat was to the effect that he intended "to do" for Sergeant Weedy before the night was over. Nothing more, however, was thought of the matter. Kitching's conduct continued, however, to be such as to cause the police-sergeant to follow him home to his dwelling house at Leeming. On reaching home Kitching appears, so far as can be ascertained, to have taken the pony out of the shafts, and to have put the trap in the usual place, and then have gone into the house, got his single barrelled muzzle loaded gun, gone back to his garth gate, and kicked up a row, which drew the attention of the sergeant to him. Weedy induced Kitching to go home quietly, but the fellow, after an altercation, appears to have gone into the house, loaded his gun, and shot at Weedy, about a yard from him, killing him instantly. Weedy was about three yards inside Kitching's foldyard gate. After committing the awful deed Kitching appears to have gone to his wife's father's house, and awakened the household by the startling news that he had shot the police-sergeant, and that he was in need of help. One of them assisted to move the body, and then they returned to the father's house, where Kitching slept for some time with his brother-in-law, after which, at five o'clock in the morning, the pair returned to the scene of the murder. After making all ready, the accused seems to have loaded his plums, and a young pig he had to deliver in Richmond market, and to have driven past the scene of the recent murder, and past the place where the body of the murdered man had lain all night exposed to the inclement weather, on to where his father-in-law lived. Here Kitching and his brother-in-law had refreshment in the shape of a cup of tea. Kitching then went on to Richmond market, and was in the act of putting up the canvas which covers his stall when P.C. Nixon apprehended him on the charge of having murdered Sargt. Weedy.

THE INQUEST.
EXCLUSION OF THE PRESS.
The inquest on the body of Acting-Sergt. James Weedy (43) was held on Saturday night at the Crown Inn, Leeming, by Dr. J. S. Walton, Coroner. The accused man, Robert Kitching, was not present. The inquiry was attended by Supt. John Nicholson, of Leyburn, who objected to the presence of reporters on the ground that if the evidence was fully reported it might interfere with the ends of justice. The Coroner, therefore, excluded the Press.

The first witness called was Robert Lambert, labourer, of Leeming-lane, who said he knew the deceased. He last saw him about ten on Friday night at Leeming Bar. Deceased then said to the accused Robert Kitching, who was kicking up a row, that "he had better go home;" whereupon the accused replied that he would not go for a b—— like him. Sergeant Weedy thereupon said, "I want no nonsense." Kitching replied, "I will blow the b——'s brains out" (meaning Sergeant Weedy). Kitching then asked witness to ride home in his cart, but he refused. Kitching was not drunk, but had had a glass or two. In reply to a question, witness stated that Kitching said he would blow the sergeant's brains out two or three times.

Marmaduke Hauxwell said he knew the deceased, Sergeant James Weedy, very well. On Saturday morning about 5.45 he was going up the lane in Leeming village when he met Fred Holland, the huntsman to the Bedale hounds, going along with the pack. Holland said to him, "Be quick as possible, as Sergeant Weedy is laid down yonder," and he pointed to the green in front of Kitching's gates. He hastened to the place, and there found the body of the deceased laid just outside the gate, which opens into the paddock where Kitching lives. The body was laid on the grass on its right side close to the gate. Mr. and Mrs. Kettlewell, of Exelby, then drove up and several other people. In reply to a question witness said that deceased was laid on his right side with his feet towards the road, and his head clear of the wall. His cape was two or three yards from the body in the middle of the road. His clothes were straight and had not the appearance of a struggle.

John Caygill, groom, of Leeming, in the employ of Captain Lascelles, of Bedale, said that about ten minutes past eleven o'clock on Friday night his brother-in-law Robert Kitching came to his father's house at Leeming Bridge and knocked loudly for admittance. Witness was in bed at the time, but his father called to him to see what was the matter. He looked out of the window and saw Robert Kitching there. He said "What's the matter, who's there;" and a voice replied "Me, Robert Kitching". Kitching said "Come down and I will tell you something." He replied that he could not come down. He then noticed that Kitching had something in his hand. Witness thereupon called his father, who came from his bed to the window and asked Kitching what was the matter. Kitching replied "Come down here and I will tell you." His father thereupon went downstairs and he followed him. The door was opened and Kitching came in. He said "I have shot Weedy" or "I have done for Weedy." Witness could not exactly say which, but witness understood that Kitching had killed him. Kitching then asked his father if his (Kitching's) wife was in the house, and was answered "No." Kitching then asked witness and his father to go home with him, and they agreed to do so.
They dressed and went with Kitching to his house. On going up Leeming village witness followed about ten yards behind his father and Kitching, but on the latter getting to the gate leading to the garth, Kitching suddenly turned round and said to him "Its right Jack, he is laid there." They then passed by the body and went into Kitching's house. Witness then noticed that two powder flasks and gun caps were on the kitchen table, and his father took up the powder flasks and put them in his pocket. Kitching then proposed to seek his wife, but witness offered to seek her. They both went to seek her in Lambert's field, and they also searched the house and granary, but could not find either Kitching's wife or the four children. Kitching then went to the place where Weedy was laid, and witness followed him. The body was lying close to the gate, and witness saw that it was Sergt. Weedy. Kitching got hold of the body by the shoulders, and witness said, "Who is it?" Kitching did not answer the question, but said, "I am going to put him through the gate." Witness said, "Let him be," whereupon Kitching replied, "Will you give me a lift?" Witness was afraid of Kitching, who told him he wanted to put the body on the grass just outside the gate, and he took hold of Weedy's legs. The legs were quite stiff. Kitching and witness carried the body outside. Afterwards they returned to the house, and Kitching got his gun and said he would go and seek his wife. Witness accompanied him across the gardens and Mr. Quick's field to Leeming Mill. When they got opposite the mill Kitching said "It's no use carrying the gun any longer," and that he would have rid of it. He then threw the gun into the beck. This would be about one o'clock in the morning. As they could not find Kitching's wife they returned to Kitching's house, and they slept together in the same bed until about five o'clock in the morning. Kitching then got up and asked him to help him to load for Richmond, as he had a pig and some fruit for market. He went back with Kitching to his house, and Kitching called at Mrs. Wade's, a neighbour, and asked if his wife was there, as he wanted to see her. She replied "No," whereupon witness said to her, "I believe Kitching has shot Weedy." He asked her to tell someone, but she seemed frightened, and said, "Go and tell Chisholm." He then went with Kitching and helped him to load, and after the cart was loaded he rode with him as far as his father's house. As they drove past the place where Weedy had been laid he noticed the sergeant's lamp and stick lying against the wall. Kitching stopped at his father's house and had some tea, and then drove on to market.

Inspector John Holmes produced a gun he had found on Saturday afternoon in Leeming Beck, close to Harrison's mill. He also produced deceased's clothes, which were pierced with gunshot.

Dr. Thomas Horsfall, of Bedale, said he was called to see deceased's body early on Saturday morning. He had since made a post-mortem examination, and found that death was due to a gunshot wound on the left side of the neck. The charge had passed backwards and inwards, causing a fracture of the vertebrae. The gunshot wound was the cause of death. Death must have been instantaneous.

The jury found that James Weedy died from a gunshot wound inflicted by Robert Kitching, whom they found guilty of "wilful murder."

MAGISTERIAL PROCEEDINGS.
On Monday Kitching was brought up at Bedale Police-station, before Captain Charles Carter, the chairman of the Bedale bench, charged, on the in-
formation of Inspector John Holmes, with wilfully murdering Acting-Sergeant James Weedy, at Leeming, on the 19th inst. Prisoner did not seem to realise the awful position in which he was placed. Inspector John Holmes said he did not intend offering evidence to any great extent, but he had to apply for a remand in order to allow the police an opportunity of getting up the evidence and proving the case against the prisoner. He explained, however, that if prisoner was remanded until noon on Tuesday witness would then be in a position to proceed with the case. Prisoner was then formally remanded in custody until Tuesday next.

Mr. Teale, solicitor, Northallerton, on Wednesday morning received instructions from Sir A. K. Stephenson, Director of Public Prosecutions, and also from Captain Hill, the Chief Constable of the North Riding, instructing him to prosecute Robert Kitching, market gardener, at Bedale Petty Sessions, on Tuesday next, for the wilful murder of Acting-Sergeant James Weedy at Leeming on the 19th inst.

KITCHING VISITED BY HIS WIFE.
On Wednesday afternoon Mrs. Kitching, the wife of Robert Kitching, who is now under remand at Northallerton Gaol, on the charge of wilfully murdering Acting Sergeant James Weedy, at Leeming, on the 19th inst, paid a visit to her husband in prison. The interview was of a very painful description. Prisoner, it is said, sent for his wife in order that he might consult with her and give certain directions with reference to his being defended at his trial before the magistrates at Bedale next Tuesday.

PROPOSED HELP FOR THE BEREAVED.
We understand that arrangements are being made with a view to raising funds to assist the widow and twelve children of the late Sergeant Weedy, who was murdered on Friday night week while on duty. An influential committee is being formed to carry out this object, but until the preliminary arrangements are completed—and this will take a few days yet—the public are requested to wait until an appeal is formally made before any isolated action is commenced.

FUNERAL OF THE VICTIM.
On Tuesday afternoon the funeral of Acting-Sergeant James Weedy, the victim of the Leeming murder, took place, amidst universal tokens of respect, in the churchyard at Leeming. The weather was very fine. Early in the morning a telegram was received from Mr. W. D. Russell, J.P., of Newton House, directing that all the employés on his Londonderry and Newton House estates should have leave to attend the funeral; the iron-foundry of Mr. Frank Mattison was closed at noon in order to enable the employés to be present; at the Vale of Mowbray Brewery and at Messrs. Harkness and Son's, Rose Gardens, every employé who could be spared was present, and the assembly was computed at no less than 1,200 persons, who conducted themselves with the utmost decorum, reverence, and sympathy. The Bedale Bench of magistrates was represented by Captain Carter, J.P., of Theakstone Hall, the chairman; and Mr. H. Rous, J.P., of Firby Hall. The North Riding Constabulary were represented by Captain Thomas Hill, of Northallerton; the Chief Constable; Supt. Thos. Nicholson, Leyburn; Supt. Spence, Pickering; Supt. Wright, Heworth; Inspector John Holmes, Bedale; Inspector Dove, Scarbor'; Inspector Pinkney, Northallerton; Inspector Ellerby, Thirsk; Inspector Albert Beswick, Wath; Acting Inspector Matthew Heald, Richmond; Acting Inspector Hind, Leyburn; Sergeant Alexander, Catterick; and a posse of constables. The North-Eastern Railway police were represented by their Superintendent, Mr. Jas. Dobie of York, and P.C. Dobson, of Northallerton, while the Cleveland Miners' Association, of which deceased was formerly a member before he joined the police force, was represented by their agent, Mr. Joseph Toyn, of Saltburn. Amongst others present were Mr. J. G. Robinson and Mr. Jas. Ward, Northallerton; Dr. Horsfall, Dr. Hind, Mr. Reuben Towler, Mr. John Hannay, Mr. Jas. Wheldon, Mr. Alloway, Mr. Brown, Mr. W. Vasey, Rev. A. J. Bull, Mr. Geo. Lowis, Mr. W. Walker, Bedale; Mr. and Mrs. Gothorpe, Londonderry; Mr. Dodsworth, Scruton; Mr. R. King, Mr. F. Mattison, Mr. R. Harkness, Mr. Thomas Ellerton, Mr. John King, Mr. J. W. Lowis, Mr. Atlay, Mr. John Wilson, Mr. Wray, Mrs. John Harkness, Leeming; Mr. Bell, Burrill; Mr. Pybus, Hook House; Mr. Sayer, Catterick, &c., &c.

The coffin was of polished pine, and the breastplate bore the simple inscription, "James Weedy, died September 19th, 1890, aged 41 years." The bearers were: Acting-Sergeant Daniel, of Middleham; P.C. Vokes, of Well; P.C. Nixon, of Catterick; P.C. Eden, of Masham; P.C. Rutter, of Leyburn, and P.C. Thompson, of Crakehall. They carried their mournful burden from the shed in which it had lain to the deceased's residence, where earnest prayer was being offered. Shortly after three o'clock the Rev. W. Denison, vicar of Leeming, conducted a short service over the remains in the open air, and then the procession was formed. First came a posse of police, then a number of the Bedale Rifle Volunteers, then the Bedale Rifle Band playing the "Dead March in Saul," next the coffin borne by the comrades of the deceased, after it the bereaved children, the father, sister, and brother-in-law, and other relatives and friends.
The church was crowded to the doors. As the coffin was borne up the centre aisle the choir very sweetly sang the hymn "My God, my Father, while I stray." The burial service was read by the Rev. W. Denison, and at the conclusion the hymn "On the resurrection morning" was sung. The remains were then borne to their last resting place amidst general expressions of sympathy. After the mourners had departed, the crowd reverently took a last look at the grave of one who had gained the goodwill of all. The coffin was literally covered with beautiful wreaths and crosses, amongst which were a handsome wreath from Mr. W. D. Russell, J.P., of Newton House; a beautiful wreath formed of white flowers and maiden hair ferns from Supt. Thomas and Mrs. Nicholson, of Leyburn; a similar wreath as a token of respect from the officers and constables of the Hang-East Division of the North Riding; a wreath of white camelias and white chrysanthemums with much sympathy from deceased's brother officers in the Richmond Division; a wreath with deepest sympathy from friends at South Bank; wreaths and crosses from Mrs. Stone, Feliskirk, Miss Royce, Mrs. McLaurie, Londonderry, P.C. and Mrs Butten, Kirklington, Inspector Beswick, Wath, P.C. and Mrs. Nixon, Catterick, P.C. Bell, Dishforth, Mr. C. Holtby, the Leazes; and a loving tribute of Glory Dijon roses from the family and relatives of the deceased.

The North-Eastern Daily Gazette, Wednesday, December 10, 1890 (Fifth Edition)

THE MURDER NEAR BEDALE.
PRISONER'S STATEMENT IN DEFENCE.
THE DEATH SENTENCE PASSED.
At York Assizes yesterday, before Mr Justice Lawrance, Robert Kitching (30), market gardener, Leeming Lane, near Bedale, was placed at the bar on the charge of having murdered Police-Sergeant James Weedy (43), by shooting him through the neck at Leeming Lane on the night of Friday, September 19th. Mr Luck and Mr Meek (instructed by the Treasury) appeared for the crown; and Mr S. D. Waddy, Q.C., M.P., and Mr Scott-Fox defended the accused. On the conclusion of the evidence (which was given fully in yesterday's North-Eastern Daily Gazette) Mr Waddy addressed the jury for the defence, contending that defendant was the victim of an accident. The theory he set up in explanation of the affair was that the prisoner, who was a one-armed man, was defending himself against the policeman, whose blows he was parrying with his gun, when the weapon accidentally went off.— His Lordship summed up, and the jury after half an hour's deliberation returned a verdict of "GUILTY," coupled with a recommendation to mercy.
The prisoner, when asked if he had anything to say why sentence of death should not be passed on him, made a long statement, in which he argued that the affair was an accident and would not have happened if the policeman had not entered his gate. He said he had put up the gun with the object of firing into the air; he pulled the trigger, but the gun did not go off; the officer heard the click and came up to him. He urged that his father-in-law had made a wrong statement, and declared that he had not used words which that witness said he used. At his house he said he kissed his father-in-law and said "It's a serious accident, isn't it?" and he replied "It is, my lad." He attributed the occurrence to the peculiarity of the gun, which he contended would go off any time, and he begged someone in court to try it to prove his assertion that it acted irregularly. He pleaded that he was a respectable man, had been married ten years, and had a wife and four children; also that he had not shot wilfully at the police-sergeant, who, he alleged, had come and struck him. He hoped the sentence would be reduced, and that he would be given another chance.
The learned Judge, addressing the prisoner, then said: "Robert Kitching, after a long and patient trial, and after having had everything said that could be said in your behalf by one of the most skilful and most eloquent advocates of the Bar, the jury have come to a conclusion with which I feel it right to say I entirely concur. I have no wish to say a word to add to the terrors of the position in which you find yourself at the present moment. I will forward to the proper quarter the recommendation of mercy which the jury have made, but I can hold out no hope whatever of any commutation. I most earnestly advise you while you have time to avail yourself of the ministrations of those with whom you will be brought in contact for the time you have yet to live, and I hope you may seek forgiveness from that God against whose laws you have so grievously offended. The sentence is not mine. The sentence is one which I am compelled by law to pass upon you." His Lordship, who was visibly moved, then passed sentence of death in the prescribed form.

The Yorkshire Evening Post, Tuesday, December 9, 1890. (page 4)

THE BEDALE TRAGEDY.

TRIAL OF KITCHING AT YORK.
STRONG CIRCUMSTANTIAL EVIDENCE.
"I'VE DONE FOR HIM."

(BY OUR OWN REPORTER.)
The Crown Court at York Castle was early this morning besieged by a crowd of people of all ages and both sexes, anxious to gain admittance to the trial of Robert Kitching, for the wilful murder of Sergeant James Weedy, at Leeming, on the 19th September. The details of this painful tragedy are still fresh in the minds of Yorkshire people, and whether the result of chance or intent, the living victims of the tragedy—the widow and children of the deceased police-sergeant — have received the practical sympathy of many.
Mr. Justice Lawrance is the judge now sitting at the York Autumn Assizes, and as he took his seat this morning, punctually at half-past ten o'clock, the prisoner was brought to the bar. He is described as a market gardener, 34 years of age, and is
BY NO MEANS AN ILL-LOOKING MAN.
He has a good open brow, and wears a moustache connecting with side whiskers, and no beard. He appeared pale but self-possessed, and when arraigned he pleaded "Not guilty" in a firm voice.
Mr. Luck and Mr. Meek, instructed by Mr. J. W. Teale, solicitor, Northallerton, on behalf of the Solicitor to the Treasury, appeared for the prosecution; Mr. S. D. Waddy, Q.C., and Mr. Scott-Fox defended.

OPENING OF THE CASE.
Amid a deep silence, Mr. Luck opened the case. He said the deceased was a police-sergeant in the North Riding Constabulary Force, stationed at Leeming, a little village about three miles from Bedale. The prisoner was a market gardener, who also lived in the same village. After explaining the plans laid before the jury, Mr. Luck said that the prisoner was in the Leeming Bar public-house on the night of Friday, the 19th September, and he had left his horse and trap outside unattended. Sergeant Weedy, in the discharge of his duty, advised the prisoner to go home, but he refused, swearing, and, when the sergeant said he would have to report him, said, with an oath, he would blow the sergeant's brains out. Sergeant Weedy was last seen alive at twenty minutes to eleven that night, walking to the place where he lived. Having threatened to blow out the sergeant's brains, the prisoner
appeared to have gone home, unyoked his horse and cart, and loading his gun deliberately to have placed himself at his own gate, to have waited for the sergeant, and then to have shot him as he passed. Of course, the
EVIDENCE WAS ONLY CIRCUMSTANTIAL
on that point. Between 10 and 11 that night Mrs. Dale, who lived next door but one, was aroused by the prisoner's wife, who had fled to her for refuge, bringing first her babe and then her other three children. The wife was in great distress of mind. After they got to bed they heard the report of a gun discharged close by. It was about eleven o'clock when the prisoner aroused his father-in-law, Mr. Caygill, saying, "I have done for the ——," or words to that effect. The learned counsel then traced the doings of Mr. Caygill, his son, and the prisoner that night; how they went to the prisoner's cottage to search for the prisoner's wife, and there saw powder, No. 4 shot, and caps; how in crossing the prisoner's meadow he said "He is yonder," pointing to the dead body of the sergeant; how they carried him into the roadway, parallel with the footpath; how the prisoner threw his gun into a beck, and slept with the Caygills that night. The body was found in the morning by the huntsman of the Bedale Hounds, on the way to Baldersby. There was a large wound in the neck. The prisoner went to Richmond market [as] usual that morning, and when arrested said "What, me? They cannot blame me."
EVIDENCE.
Robert W. Thompson, architect and surveyor, of Bishop Auckland, proved the correctness of the plans produced.
Frank William Lewis, landlord of the Leeming Bar Inn, said he returned home at seven o'clock by train on the evening of the 19th September. The prisoner was in the kitchen of the inn, but he went out, and returned to the bar at 8.50. At 10 minutes to 10 Sergeant Weedy came in and said, "Kitching, I want you," and the prisoner went out with him. Presently Kitching returned and said, "Landlord, how long have I been here?" and he refused to say. The prisoner stayed until 10 o'clock—closing time—and then drove away in his horse and cart.
Cross-examined by Mr. Waddy, witness said he understood that the prisoner's horse and cart were drawn into the yard while he was in the house.
Why did you refuse to tell Kitching how long he was in the house?—I had no reason. It was only a casual remark.
But common courtesy would make you tell him?—I had no reason for refusing.
A LITTLE TIFF WITH A WITNESS.
Is that how you treat all your customers?—That's my business.
No, no, it's my business just now: I want to get at what's behind this.—There is nothing behind it.
Then you did it out of a pure determination to be disobliging?—No answer.
Robert Lambert, ploughman, living at Leeming, deposed that he was at the Leeming Bar public-house at 3.5 in the afternoon, and remained until ten at night. When Sergeant Weedy came up at night, he told the prisoner it was time for him to be going home. This was outside the house. The prisoner swore and said "he would not go there for a —— like him." The sergeant told him to go quietly or he would report him, and then Kitching twice said, "I will blow your —— brains out."
By Mr. Waddy: The prisoner asked witness to ride home with him that night at closing time.
When did Kitching leave?—At about ten minutes past ten.
How long would it take for him to get home?—About five minutes.
You followed him along the road?—Yes, sir, when he started in the trap.
You passed his house on your way home?—Yes.
Did you see anything more of Mr. Weedy or the prisoner that night?—No, sir.
The prisoner was in a quarrelsome temper that night?—Yes, sir, he was.
I believe he threatened you that night—to knock you over, or something of the sort?—Yes.
Did he threaten a man called Dale?—He were talking about it.
The prisoner had an accident by which he lost his left hand. Did he screw his crook off when he was going to fight Dale?—Yes, and Dale said he wanted no bother. But it wasn't that day.
A SLEEPY WITNESS.
Do wake up, man! Have you had any drink this morning?—No.
Did he threaten Dale on the 19th September?—Yes.
Thomas Wood, blacksmith, of Leeming Bar, said he was with Sergeant Weedy until 10.40 that evening at Leeming Bar. When they parted the sergeant walked off in the direction of Leeming.
Mary Elizabeth Dale, widow, living at Leeming, gave evidence that she lived three doors off the prisoner's cottage. Between ten and eleven, as she was sitting in the front room, Mrs. Kitching came to the door, in great distress, with her baby in her arms, and made a statement to witness. Then Mrs. Kitching ran back home for the other three children, whom she brought in their night-dresses. Witness locked the door, extinguished the lamp, put the children to bed, and remained with the prisoner's wife. A short time after they, being in great fear, heard the report of a gun.
"I'VE DONE FOR HIM."
Edmund Caygill, market gardener, said the prisoner was his son-in-law. A little after 11 someone knocked at the back door. His son went to the window and found it was the prisoner. They went down and let him in. Kitching said, "I've done for Weedy," or "I've shooten him." Witness said, "You havn't done that, Robert," and he replied, "I have." Prisoner asked for his wife and bairns, and they went with him to seek them. They searched Kitching's house, finding powder and shot flasks on the kitchen table, and the children's bed unoccupied. Kitching pointed with his finger and said, "He's laid over yonder toward the big gate." They went to the body, which was lying on the cart road four or five yards from the gate. Witness would not touch the body,
but went home followed by the prisoner, who was very heavy in trouble. Witness's son went back with the prisoner. They returned and went to bed. In the morning witness advised Kitching not to go to Richmond, but he said he must, as he had some very ripe plums and a pig to deliver.
A GROOM'S EVIDENCE.
John Caygill, a groom, corroborated his father's evidence. When witness returned the second time with Kitching they searched the granary for the wife and children, and then went to the body. Kitching insisted on moving it on to the road, and witness ultimately helped to carry the body to the grass in the roadway. Kitching took out a gun from a shed, and threw it into a beck. Prisoner told witness that he and the policeman had had some words, and the constable went in the direction of Mr. Quick's. He (Kitching) said one word which pricked the constable, and the latter turned back. Prisoner dared him to go through his gate, and he went through. Then prisoner touched the trigger of his gun, but the cap didn't go off. That was the statement made by the prisoner to witness.
Some sensation was caused by the production of the rust-stained gun in court.
THE HUNTSMAN'S STORY.
William Frederick Holland, huntsman of the Bedale Hounds, said he passed through Leeming about a quarter to six in the morning, when he saw a policeman's cape, and further on the body of Sergeant Weedy. Witness whipped off the hounds from the body.
At this stage the Court adjourned for lunch.
THE MEDICAL EVIDENCE.
Dr. Horsfall, of Bedale, deposed to examining the body in a shed. There was a large rent in the left shoulder, and a wound in the neck, which was full of shot, fragments of clothing, and wadding. Death was instantaneous. He thought the gun was fired at a distance of four to five feet.
Cross-examined, witness did not think the contused wounds on the face were produced by anyone defending himself in a struggle with a gun. After a hard cross-examination, Mr. Horsforth admitted that the wounds on the face and neck might have been caused by a blow with a gun, which then went off in reaching the shoulder.
INSPECTOR HOLMES,
of Bedale, proved securing the powder, caps, and gun, on the nipple of which was an exploded cap. There were no marks of a struggle where the blood stains were found.
Superintendent Nicholson, of Leyburn, deposed to receiving the prisoner in custody at Richmond. Four yards inside prisoner's gate witness found blood. The shots produced were like those of the prisoner.
"THEY CANNOT BLAME ME."
Constable Nixon said he apprehended Kitching in Richmond Market. Charged with the wilful murder of Sergeant Weedy, prisoner said, "What, me? They cannot blame me."
A. H. Kirkby, of the Inland Revenue, said that on the 24th May Weedy reported the prisoner to him for an unlicensed trap. On the 31st August Kitching told witness that the sergeant was to blame for the license, and he wanted shooting.
This ended the case for the prosecution.
Mr. Waddy intimated that he did not intend to call witnesses on behalf of the prisoner, and Mr. Luck summed up the evidence for the prosecution. He said there might be expressed malice on the part of the prisoner against the deceased, but the motive was not adequate to the enormity of the crime. He submitted the animosity was caused by Weedy's action in reporting his unlicensed trap, and again in cautioning him on the night of the murder.
During Mr. Waddy's long speech for the defence, the prisoner's self possession completely broke down, and he wept with great emotion. His Lordship having summed up exhaustively, the jury retired at 4.30 to consider their verdict.

YORKSHIRE ASSIZES.
YORK CASTLE—TUESDAY.
(Before Mr. Justice Lawrance.)
THE LEEMING TRAGEDY.
THE SUMMING UP.
The learned Judge commenced his summing up at a few minutes after five o'clock. His lordship made copious quotations from his notes of the evidence, and dealt in detail with the several theories put forward for the prosecution and defence. He said the jury would have to ask themselves the question, how they could account for the action of the wife on the night of the tragedy, except upon two grounds, either that prisoner had threatened to do his wife or children some injury, or that he had returned home avowing vengeance against the policeman. If the wife heard what he was saying, saw him with a gun, and heard him declare what his intentions were, did they not think it would be a natural thing under such circumstances for her to remove herself and family away from the house. He could see no other alternative in explanation of her conduct but those two. He thought they would all agree that, under whatever circumstances the policeman came to his death, Caygill's advice to prisoner not to go to Richmond Market the next day was sound and good, for whenever he went that day he ought not to have gone to market. The jury would also have to consider whether a man who had accidentally shot another, as it was sought to show the accused had, would not have gone for help. There was plenty to be got near at hand if he had asked for it, but instead of that the body of this policeman was taken as though it had been the carcasse of the pig which Kitching took to market next day—indeed not so much care was taken of it—and thrown into the highroad. The body laid there the whole of the night, and next morning prisoner went about his business as though nothing had happened, passing within a yard of the body of the man whom he had either murdered or accidentally shot without taking the slightest notice of it. They would also have to consider whether prisoner's statements to his relatives were consistent with the theory that the sergeant was accidentally killed. But the greatest difficulty of all in the way of the defence which was set up was the point why prisoner came to have a gun in his hand on the occasion with his meeting with the police-sergeant at his gate. That was a difficulty which had never been attempted to be grappled with in the course of a speech in which almost every difficulty suggested in the case was grappled with. If the prisoner discharged the gun in a struggle in which he was being over-powered, then he would be guilty of manslaughter, but if they came to the conclusion that he went to the spot armed with a gun for the purpose of carrying out the threat he had made earlier in the night, that would be murder. If they came to the conclusion that the theory suggested by Mr. Waddy was the correct one, viz., that the sergeant met his death as the result of an accident, and that there was no intention to kill, then they would give prisoner the benefit.

His lordship's summing up occupied an hour and a half.

The jury retired at 22 minutes to 7, and in their absence prisoner was removed to the cells below the court.

THE VERDICT.
The jury were absent from the court just half an hour, and, in the interval of waiting, sentence was passed upon two prisoners who stood convicted. On the jury returning to their places the prisoner was again placed in the dock. Beyond the fact that the pallor of his countenance was somewhat more marked he showed little outward signs of anxiety as to his fate, but advanced to the front of the dock and stood there, erect and impassive, awaiting the verdict. The jurors having answered to their names, the Clerk of Arraigns put the question, "Gentlemen of the jury, are you agreed upon your verdict; do you find the prisoner, Robert Kitching, guilty or not guilty?"

The Foreman: Guilty, with a recommendation to mercy.

STATEMENT BY THE CULPRIT.
In reply to the usual inquiry whether he had anything to say why sentence should not be passed, the prisoner at first made a low, hesitating response in the negative, and there was perfect stillness in the court as the Judge assumed the black cap, and commenced to pass sentence.

The Prisoner then said he wished to say one word, and proceeded to make a rambling, incoherent statement, in which he protested his innocence, and ejaculated broken entreaties for mercy. Starting in a calm, self-possessed voice, in which hardly a tremour was observable, he said he wished to say that he did very wrong that night to take the gun out; and he wished to say also that this would never have happened if Weedy had not gone through the gate. He (prisoner) put the gun up in the air with the intention of discharging it, and when he heard the trigger go Weedy rushed through the gate, and rushed on to him and struck him with his stick. Whether he (prisoner) hit him over the head with the gun or not he could not tell, neither could he tell whether the cap had done singeing at the time, or whether the gun hit the policeman and went off. He wished to say, too, that his father-in-law had not told the truth. "I am here," prisoner exclaimed, "going to be sentenced to death—Lord have mercy on my soul—and I hope and trust that He will be merciful and let me off this. I am not guilty of wilful murder, sir; it is a very hard case, is this." The culprit then went on to say that he was in great trouble when he wrote his defence for his solicitor, and he said to his father-in-law, "It is a serious accident, isn't it?" and he replied, "It is, honey lad." He would ask any farmer whether the gun which had been produced was capable of use. It might go off any time. It would not strike a cap the first time, and the cap which was on on the night of the 19th September might have been singeing when the charge exploded. He did not shoot the man wilfully. After a pause in which he appeared to be collecting his thoughts, the prisoner went on to say that he wrote to two men whom he had expected at the trial. As far as could be gathered from his succeeding remarks, the prisoner complained that he had not had time to prepare a defence to fresh evidence which had been adduced against him. He denied that he used the words imputed to him by the Excise officer, and said he would be very sorry to say that which was not true in the position he was in now, between life and death. He was a respectable man; he had been married ten years, and had four children, and if he had been a very drunken man, or a man very badly liked, he would never have been patronised as he had been in his business, left as he was with only one hand to raise a livelihood for his children and his dear wife. It was very hard to get an honest living now without spending so much money, and this trouble had all arisen through drink. "But I didn't shoot this man wilfully," prisoner went on, "and the Lord have mercy on you, to incline your hearts to prevent this. If any man here will examine that gun I will forfeit my life, which is nearly gone now, that the gun won't strike the cap the first time. I have never had a chance to speak. Lord help me." Sobbing, the prisoner repeated that he was not guilty of wilful murder, and he did not know how it was his father should make that blunder, and swear he had told him that "he had shotten that —— Weedy." He did not try to conceal the murder at all. If he had intended wilful murder he should never have allowed Weedy to pass through his gate. He would never have stopped there, but gone deliberately out to the sergeant. He hoped his lordship would take that into great consideration, as his (the prisoner's) life was entirely in his hands. The gun went off in a scuffle, and if the jury had come to the
conclusion that they had he could not help it. He did not try to bury the body or take it away anywhere, he simply took it on to the road for some one to find it and take it away. Bursting into tears, the prisoner exclaimed, "It is a very hard case to be found guilty when you're innocent. I dare say here's some men put up to come and swear this against me because it was an officer. This exciseman has never liked me because I did not take out my license always when he told me—perhaps I had not always the money, sir. It is very hard."

A warder asked the prisoner if he had anything else to say, and he responded in a broken voice "I hope you will reduce the sentence and give me another chance, as the evidence is not correct of wilful murder. It was really through a scuffle. The Lord help me."

SENTENCE OF DEATH.
The Judge had listened to the prisoner's statement with his face hidden in his hands, and when his lordship lifted his head on Kitching signifying that he had nothing more to say, his moist eyes and shaken utterance betrayed the emotion under which he was labouring. He said: Robert Kitching, after a long and patient trial, and having had everything said in your behalf by one of the most skilful and eloquent advocates at the Bar, the jury have come to the conclusion—in which I think it right to say that I entirely concur, and I think they would have been wanting in their duty had they not come to that conclusion—that you were guilty of this crime. I have no wish to say a word which may add to the terrors of the position in which you find yourself at the present moment. I will forward to the proper quarter, the recommendation to mercy which the jury have made, but I can hold you out no hope whatever of any commutation. I will most earnestly advise you while you have time to avail yourself of the ministrations of those with whom you will be brought in contact for the time you have to live, and I hope that you may seek for forgiveness from that God against whose laws you have so grievously offended. The sentence is not mine; the sentence is one which I am compelled by law to pass upon you, and that sentence is that you be taken from hence to the place from whence you came, from thence to a place of execution, and that you there be hanged by the neck until you be dead, and that your body be afterwards buried within the precincts of the prison in which you were last confined, and may God in His infinite goodness have mercy on your soul.

Prisoner received the sentence with blanched face, but uttered no sound, and at the conclusion of the judge's final commendation he was removed from the dock.

The court, which had been thronged throughout the day, many being unable to gain admission, then emptied, the remaining cases on the calendar standing over till this morning at 10.30.

The Manchester Evening News, Tuesday, December 30, 1890. (page 2)

THE MURDER OF A YORKSHIRE POLICE-SERGEANT.
EXECUTION TO-DAY.

This morning Robert Kitching was executed at York Castle for the murder of Police-sergeant Weedy at Leeming Lane, near Bedale, in North Yorkshire. Billington was the executioner, and the fact that the dread sentence of the law had been carried into effect was announced to the outside world by hoisting the black flag. Press representatives were not admitted.

The Press Association says:— The hoisting of the black flag upon Clifford's Tower of York Castle announced to the outside world that Robert Kitching had suffered the extreme penalty of the law this morning. A comparatively large crowd, consisting chiefly of artizans and boys, congregated within view of the flagstaff to be the first to learn that the unfortunate culprit was no more. Kitching passed the night in a troubled sleep, and, as early as six o'clock, was visited by the prison chaplain, the Rev. H. Vyvyan. He was still engaged with the chaplain when Billington, the executioner, entered the condemned cell a few minutes before eight o'clock. Beyond muttering a few inarticulate words, and exhibiting a nervous discomposure, he did not show any acute signs of emotion. The work of pinioning was expeditiously despatched, and soon all was ready for carrying out the dread sentence. The engine of death projected from an adjoining room and, as eight o'clock chimed out, the mournful procession moved off from the condemned cell. The governor, Mr. Taylor, went first, followed by the chaplain, then came the culprit with an officer on each side, and Billington was behind him, the rear being brought up by Mr. Gray, under-sheriff. The noose having been properly fixed, the legs pinioned, and the white cap adjusted, while Kitching was standing over the drop he seemed to reel and nearly fainted; but the bolt was instantly withdrawn, and he passed into eternity immediately. There was little or no vibration of rope. The culprit's demeanour during the latter part of his confinement was marked by great resignation, except when he was visited by his wife and other relatives, on which occasion he relapsed into violent paroxysms of grief. He paid great attention to the ministrations of the Chaplain, and expressed himself very penitent. It is understood that shortly before his execution he left with the chaplain a confession of his guilt, but this had not been communicated to the press at the time of telegraphing; neither were reporters admitted to the execution. The body hung for the statutory hour, when it was cut down.

THE CRIME.
The culprit, Robert Kitching, was 34 years of age, and followed the business of market gardener. The murdered man was a sergeant in the North Riding of Yorkshire police force, stationed at the village of Leeming, near Bedale. Kitching, with his wife and family, lived in the same village. During the evening of September 19th he was with some other men at the Leeming Bar public-house. He left his horse and cart outside without any one in charge of them. The deceased police-sergeant came in, called him out, and advised him to go home. Kitching refused to do this and threatened to shoot the sergeant. He returned to the public-house, and eventually left at closing time and drove home. He appears, upon reaching his house, to have got his gun and loaded it. Between ten and eleven o'clock Kitching's wife went with her young children, who had only their night dresses on, to the house of a neighbour. It was suggested that this was for protection from her husband, who had been in a quarrelsome and somewhat drunken condition at the public-house, and had threatened other people besides the sergeant. The last time the sergeant was seen alive was at 10 40 p.m., when a man named Wood left him walking in the direction of his house. A short time after Kitching's wife and children had gone to the neighbour's house the report of a gun was heard. About eleven o'clock Kitching, apparently in great trouble, went to the house of his father-in-law, Mr. Caygill, who lived in Leeming. The family had gone to bed, but Kitching roused them. He told Mr. Caygill that he had done for or shot Weedy. Mr. Caygill went back with him to the house and found on the kitchen table two tins containing some powder and shot respectively. Some caps were also found. Kitching afterwards pointed to the gate saying, "He's yonder," and the body of the deceased was found at the spot indicated. Later on Kitching said to Mr. Caygill's son, "I will put the body on the road through the gate. I'll trail it so that people may see that it has been trailed by the marks," or words to that effect. Upon this Kitching and young Caygill carried the body through the gate and laid it on the high road. Subsequently Kitching took a gun from a shed, and after walking some way with young Caygill threw it into some water. Upon an examination of the body of the deceased it was found he had been shot in the neck at a very short range. No doubt the wound had caused almost instant death. There were no marks of powder upon the deceased, and there were no indications of any struggle having taken place at the spot where the body was laid before it was removed into the high road. The spot was about five or six yards inside the gate leading to Kitching's house. Kitching was arrested the next day at Richmond Market, and when charged with the murder of the sergeant replied, "What, me; what, me! They cannot blame me." A stick was found at the spot where the deceased man had fallen. The defence set up was that the deceased man having gone inside the gate a struggle took place between him and Kitching, in the course of which the gun went off accidentally, and so caused the sergeant's death. The jury found the prisoner guilty, with a recommendation to mercy. Upon being asked whether he had anything to say why sentence of death should not be passed upon him, Kitching made a long statement to the effect that Weedy was shot accidentally. He said he was holding the gun pointed into the air, when Weedy rushed in and struck him with a stick. A struggle then took place, during which the gun went off accidentally. The learned Judge, in passing sentence of death in the usual form, said that, although the recommendation to mercy would be forwarded to the proper quarter, he could hold out no hope of mercy.