The King against Henry Rogers and John Street.
Indictment for murder of William Carpenter, by shooting him in the back with a gun charged
with leaden bullets, 19th June 1734, at Crowan, in com. Cornub.
Plea, Not Guilty.
Sergeant Chapple pro Rege.
Stephen Tillie was Under-Sheriff 1734. 8 June 1734 received a writ of assistance under the great seal. 31 Maij, 7 Geo. II. writ of assistance, reciting the writ of execution of the decree and writ of injunction, whereby possession was to be delivered to Anne Rogers, commanding to put Anne Rogers into possession, and to remove and expel the said Henry Rogers, his tenants, and accomplices, from possession of the premises.
18 June he went to the house; the prisoner was in the window, and held a gun at him; he called to him, and told him that he had the king’s writ, and must have possession; would not meddle with his person.
Prisoner said Lord Chancellor made an unjust decree. He said that then he might deliver possession and appeal. Swore, damn him, he would not deliver possession. Saw two or three hundred people. Read the proclamation. The prisoner fired a gun, burned his wig, and singed his face. One of his officers said he was shot through the head. Expostulated again. Then he swore if the King and Lord Chancellor came he would not deliver it. Several guns were fired. He told him he would give him time till tomorrow morning eight o’clock. Sent to Captain Sadler for a few soldiers; the captain sent them; he went with them; he demanded entrance. Prisoner said, “Damn you, are you come again?” A gun was mounted out of the hole cut in the door within an inch of his body; discharged; and it shot Carpenter, who fell with it, and said he was a dead man. Another gun fired, and shot Hatch, his servant. Rogers had a gun in his hand when he first saw him, and afterwards came out with a gun in his hand. Carpenter was a bailiff to the sheriff, and he had commanded him to go to his assistance. Mrs. Rogers, the plaintiff, was there both times.
George Ellis. 18 June was desired by Mrs. Rogers to go with them. Rogers and his wife in the window, and had a gun between them. Mr. Tillie demanded possession. Prisoner said he would not; swore and cursed, and said he had strength enough to defend his possession against any person; insisted the estate was his. The Under-sheriff expostulated with him, and told him if he had a right, his best way was to submit to the law. Sheriff read the proclamation. Rogers asked him to drink a dram; he went for it, and in the meantime his wife held the gun; guns were fired.
19 June went again. Under-sheriff told him he hoped he was in a better mind now, and would deliver him possession. Refused. A gun fired from the house. Soon after, heard it called out that Carpenter was shot in the back, and a soldier shot in the groin. He is a surgeon, and dressed Carpenter; found him shot from about the fourth rib to his buttock; many slugs and jagged pieces of lead in it.