Q 24]

be of no ufe to me now, it is all over. Upon fearching the wound, the (hot appeared to have entered the left fide, and torn the bowels in their paffage to the right, in a dreadful manner; fome part had entered the liver, and the bully was full of extravafated blood -. his Lordfhip died a little after twelve o’clock.

It was urged in defence of the prifoner upon the trial, 1ft, “ that the gun went off by accident. zdly, That fuppofing it to have been fired with an intention to kill, the aft was jufl/fiaéle, being done upon jult provocation, and in de- fence of property and life. And, 3dly, Suppofing the fa€t notjufti- fiable, it could not be murder, the homicide being fudden, and during an affray, and not from malice.

It was anfwered, firlt, that there was indubitable evidence of Camp- bell’s declaring an intention to kill the Earl if he perfilled in the at- tempt to feize his gun. zdly, That the faft, if intentional, was not juftifiable, for thefe reafons: Iii, There was no provocation, nothing but words being pretend- ed, and words not being efieemed provocation in law. zdly, The Earl had a right to feize the pri- foner’s_ gun; for by aét 13, parl. 1707, it is exprefly enaéted “ that no common fowler {hall prefume to hunt, on any grounds without a warrant from the proprietor, under the penalty, flrfeiting dogs, guns, and nets, to the apprehender or difccverer;

from which it follows, that the ap- - hender has a right to feize dogs,._ Nor is this new in law, for all llatutes againit

gum, and nets.

among others, of

ANNUAL REGISTER, r776.

ofthe revenue to begin with feiZ- lng the goods, leaving it after- wards to be tried whether they have been juflly feized or not. 3m)’, It 1s of no moment whether the prifoner was or was not on the Earl’s ground when the gun was demanded; he had been upon the Earl’s ground immediately before under the Earl's obfervation, and as 1t mull be prefumed, that as he was there with an intention to kill game if he had found any, the Earl had the fame right to feize his gun as if he had got up with him before he left the grounds, fo that the aet not being julliliable, was under thefe circumltances, murder. '

He was fentenced ‘to be hanged on the 11th day of April then next, and to have his body given to Dr. Munro, profefibr of anatomy, to

be difleéted; but on the 28th of _

February, the day after fentencc pafled upon him, he hanged him- felf, by fattening a handkerchief to the end ofa form which he fet up- right for that purpofe.

Genuine Copy of a Letter fent h): a

Committee of the Supporter: of the

Bill of Right: to the Honnourah/e the Common: Hon/e of of South Carolina, in Jn/Fzuer to the Letter from the djemhly of South Carolina, renaming a fab. fcription to the Society of Fi rem hundred Pound: Sterling.

To the Hon. Common: Hou/E of 1f.‘

femhly of South Carolina.

Gentlemen, ‘ E are direeted by the So- ciety, Supporters of the

fmuggling authorize the oflicers Bill of Rights, to tranfmit to you

their

l