Transcription
TRIAL AND SENTENCE. A full and Particular Account of the Trial and Sentence of ANDREW EWART, who is to be Executed at Edinburgh, on Wednesday the 19th March next, for Murder, and his Body to be given for Public Dissection. At Edinburgh, on Monday the 11th February, 1828, came on, before the High Court of Justiciary, the trial of Andrew Ewart, labourer, lately residing at Broken Bridge, in the parish of Libberton, and county of Edinburgh; accused of having," on the night of the 4th of December, 1827, or, on the morning of the 5th, wi thin or near the church-yard of the parish of Libberton, and county of Edin- burgh, wickedly and feloniously discharge a gun, loaded with powder and swan shot or slugs at Henry Pennycook, weaver, formerly residing at Libbetton aforesaid,now deceased; and the shot or slugs from the said gun did immediately enter the right arm or right shoulder of the said Henry Pen- nyeook, by which be was severely and mortally wounded, and continued to languish until the 8th day of the said month of December, or about that time, when he died in consequence of the wounds that inflicted, and was thereby murdered." To which the pannel pled not guilty. The circumstances of the case were shortly these: The prisoner, along with several others, happened to be in the watch-house, on Tuesday evening, the 4th December, and went to take a turn round the church-yard at Libberton, on the night libelled on, from which a body had been attempted to be raised the week before ,and some of his companions thinking he had been rather long out, two of them proceeded to look for him but,the one going be- fore the other, they accidentally took opposite di- rections. The night was cloudy, and windy,with some lightning, and as Ewart was turning a cornor at the church, the deceased Pennycuik approached him. Ewart, believing the deceased to be a resur- rectinest, called out to him three different times, and, receiving no answer, fired at him; but, just as the shot went off, Pennycook said, " Andrew, you'll no shoot me, and fell. There WAS no malice air ill-will, nor any pre- meditated intention of injury, in any sense of the word, alleged against the pannel, but the Solicitor- General mantained, that it was illegal to use fire- arms in watching a church-yard, consequently to shoot a man, on the supposition he was a resurret- rionest, was murder. This view of the law was supported by the unanimous opinion of the court. The Jury, therefore, by a large majority, found the pannel guilty of murder, but unanimously recom- mended him to mercy. The preciding Judge, Lord Gillies, after a so- lemn address, sentenced Ewart to Executed at Edinburgh, on Wednesday the 19th March next, at the usual place of execution, and his body to be delivered for dissection. The prisoner is a decent looking man, and ap-. peared to be very much affected when the awful sentence of death was pronounced against him. WATCHING CHURCHYARDS?The melancholy acci- dent which lately occurred in Libberton Church yard, when a man was mortally wounded by one of the watchmen, who took him for a resurrectionist will not, we trust, be allow ed. to pass without a strict scrutiny into all the circumsatan- ces connected with it. Much as we detest the practice of raising dead bodies, and anxious as we are that proper measures were adopted for putting an end to this gross and constantly reiterated outrage against the best feeling, of our nature, we cannot imagine a greater evil to flow from it than that the people should take the law into their own hands, and proceed without ceremony to would, maim, or kill persons found trespassing at night within the en- en-closures of a church-yard. This we strongly urged in a late article on the violation of sepulchres, pre- dicting that if, unchecked, it would soon lead to a state of things repugnant to the very first principles upon which society is founded. At the same time, it is evidently illegal to put loaded fire-arms into the hands of persons employed to watch church-yards, and thereby expose not merely re- surrectionists, but innocent and unoffending individuals to be shot, when the clown who is thus armed, causes to fancy himself warranted in tiring. The practice we know has been winked at with a view of deterring resurrection- ists from prosecuting their nefarious trade; but the remedy is worse than the evil it was meant to prevent; and it is high time that a decisive check were given to it. Suppose a resurrectionist is caught in the fact, we know of no law or principle which will warrant his be- ing shot dead or grievously wounded on the spot : and we have a striking instance before us of the mischief and danger that may ensue from entrusting fire-arms to persons whom fear, folly, or drunkenness may preci- pitate into the commission of acts lit le short of murder__ When the accident occurred at Libberton ail the parties were, we understand, in a state of intoxication ; and the unhappy man who met his death was frisking about among the grave-stones, for the purpose of frightening the watch- men. But this, so far from extenuating, aggravates the criminality of the act by which that individual met his death ; and justice will not be done If the person who fired be not called before a jury of his country to answer to a charge of culpable homicide.
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Date of publication:
1828 shelfmark: Ry.III.a.2(83)
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