would have had no jurisdiction in this case, it is an extraordinary jurisdiction; and, to entitle the judges to proceed, every circumstance must appear upon the face of the record necessary to give that jurisdiction; that the court could not judicially take notice of Caermarthenshire, it not being contiguous to Herefordshire; and that the want of this allegation in the body of the indictment is a fatal defect.

"Moreover That the statute of the 26th Henry VIII extends only to such of the counties of Wales as were the Lords'-marches; that the preamble of the act recites the several outrages that were committed in the marches; and that the powers in the act were given with a design of remedying those evils; that Caermarthenshire was not one of the Lords' marches, and consequently not included in that act." The council owned that he had seen the cases of Thomas Athoe the elder and Thomas Athoe the younger; and confessed that an objection similar to his last had been over-ruled, in respect to those unhappy men. See ATHOE.

After a full consideration of the matter, the opinion of the court was, that both of the objections were ill-founded. With regard to the first, in particular, it was said, that "the act empowers the jury to find the bill in the next English county. The contiguity of the county is no part of the charge, it is only a circumstance which gives the jurisdiction; and though not stated in the body of the indictment, yet it is set forth upon the record, when it comes to be made up, and will there sufficiently appear."

This being the opinion of the court, Sir Joseph Yates proceeded to pass sentence of death on the convicts; but, as some of them did not understand

the

the English language, he addressed himself more particularly to William Spiggott, in the following energetic language.

"William Spiggott! you have been tried, and, upon evidence that leaves not the smallest doubt, have now been found guilty of the most wicked, the most savage, the most horrid, murder that ever stained the hand of man-a cool, deliberate, concerted, assassination!-without a quarrel to provoke, without a passion to incite, without a motive to tempt, you, but the blackest that ever disgraced human nature-a willingness to earn the wages of iniquity, the execrable wages of an hireling assassin. And how hardened, how determined, the preparations you made for that bloody work! day after day projecting the design, till at last, deliberately putting on the ruffian's frock and blackened face, you daringly entered the doors of the deceased, and in his own house murdered him, most inhumanly murdered him, with every circumstance of savage barbarity! yet he had never done the least wrong to you, never gave the smallest provocation or offence.

"That unfortunate man is now in his grave, and in two days you will be as cold and lifeless as he; but how different your departure !-by your bloody hand he was wickedly murdered-you for that murder will justly die. It is now my duty to pronounce that dreadful sentence; an office which to me is ever painful. I feel for the melancholy condition you are in, who are so soon to die by the hands of justice; but how little did you feel for the poor man you murdered!

Friday next, the day after to-morrow, will in this world be your last; but think of the more dreadful day to come, when you will appear before

a far more awful tribunal, before the Great Judge of all mankind. Think how you will stand before him, covered over with the blood of your fellowcreature, whom you so wickedly murdered, most daringly presuming to destroy that life which the Almighty gave-which he alone had a right to take away.

"You have now but two days to live; and in that short time have much work to do. I therefore most earnestly intreat you to employ every moment that is left you in imploring God's mercy and forgiveness, that your soul may escape that dreadful punishment which lasts through all eternity. At this bar you must expect no mercy.

"The sentence of the law will most certainly be executed upon you; and that sentence is, That you must be taken from hence to the place from whence you came, and from thence, on Friday next, to the place of execution; that you be there hanged by the necks, till you are dead; and that your bodies afterwards be delivered to the surgeons, to be dissected. And the Lord have mercy on your souls!" "

After which, the convicts were re-conveyed to prison; and on the Friday following were taken to the place of execution at Hereford, where they suffered the sentence of the law, March 30, 1770.

FRANCIS DAVIES STIRN (MURDERER) was the son of a minister of the Lutheran church in the principality of Hesse Cassel, and his brother was superintendant over the clergy of a district. Francis received the foundation of his learning at the public grammar-school, and was then removed to the college of Bremen, where he studied divinity and logic. He was afterwards placed by his brother in the university of Hintelin, where he acquired additional knowledge. The

The French at this time making an incursion, plundered the inhabitants of Hesse Cassel, among whom Stirn's brother was so great a sufferer, that he could no longer afford to support him at the university, and therefore recommended him to a friend in London.

This friend, having no present opportunity of doing him better service, recommended him as usher at an academy in Hatton-Garden, kept by Mr. Crawford. Soon after this, he turned his thoughts to the military life; but from this his friends dissuaded him, presuming that his impetutuous temper would not allow him to submit to the necessary control. His next plan was to have entered himself of one of the universities; but this failed, as he had by this time disobliged his friends, so that they would not afford him the requisite assistance.

He now became acquainted with Mr. Matthews, a surgeon; and it was reported that Matthews persuaded the other that Mr. Crawford did not pay him in proportion to his merit; and from this time Stirn's behaviour grew still worse than before ; though Crawford declared he kept him only in consideration of the recommendations of his friends.

In a short time, Matthews proposed that if he would instruct himself in the classics and his wife and daughter in music, he should be welcome to his board and lodging. Crawford, who heard of this, advised Matthews not to engage so troublesome an inmate as Stirn, and Matthews immediately told Stirn what he had said; on which the latter spoke of Crawford in the most opprobrious manner. Crawford proceeded farther, by offering to advance Stirn's wages; but the other plan took place, and he removed to Matthews's house,

Soon