In a small village of Warwickshire, in the year 1800, a young
gentleman suddenly disappeared on the evening previous to his intended
marriage. After a lapse of some days, his body was found floating in
a mill-stream, and it was generally concluded that he had committed
suicide, though the cause for such a rash act could not be conjectured.
Upon stripping the body, some marks of a suspicious nature were
discovered upon the throat. A surgeon was sent for to decide whether
death had taken place from any other cause than drowning, who, after
a minute examination, gave it as his opinion that he had died by
strangulation. Suspicion now fell upon a man of bad character, who
had been seen the night the gentleman was first missed, running in
great haste from the direction in which the body was afterwards found.
He was apprehended, but, no evidence of guilt being elicited by the
examination, was discharged, and the fate of the unfortunate young man
remained buried in mystery. Ten years afterwards, the person suspected
was convicted of sheep-stealing, and sentenced to transportation.
While on board the hulks, he made a voluntary confession of having
destroyed him, and declared that such was his remorse, and the horror
of his conscience, that he earnestly desired to expiate his crime on
the scaffold. He was tried for the alleged offence entirely on his own
evidence, which was as follows:—
Upon the evening of the fatal event, he was stealing potatoes from a
field-garden belonging to the deceased, whom he unexpectedly saw coming
over the gate to secure him, upon which he jumped over the hedge on
the opposite side, and ran across the field to make his escape. The
gentleman pursued him, and being an active young man, nearly overtook
him; upon which he (the prisoner) attempted to leap the mill-stream,
but the bank on the other side giving way, he fell back into the
water. The young gentleman, instantly plunging into the water after
him, strove to secure him. A desperate struggle now ensued, and the
deceased had at one time got the prisoner down under him in the water,
by which he was half drowned. At length he succeeded in overturning
his antagonist, and, seizing him by the throat, held him fast in this
manner under water, till he seemed to have no more power. He then left
him, sprang out, and made his escape.
The judge gave it as his opinion that the case amounted only to
excusable homicide, and the man was acquitted.
In forming an opinion as to the cause of death in doubtful cases of
suicide, the following important points ought to be carefully kept in
view:—
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