Name |
Alexander CAVELL |
Birth |
Abt 1829 |
Gender |
Male |
Conviction |
13 Jul 1848 |
Winchester Assizes, Southampton, Hampshire, England, United Kingdom [1, 2] |
Night Poaching after being Aquitted for Murder of Charles Payne, also Manslaughter. Sentenced to 7 Years Transportation |
Magnet (London) - Monday 12 March 1849:
FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.
- Role: Co-Defendant
|
Conviction |
13 Jul 1848 |
Winchester Assizes, Southampton, Hampshire, England, United Kingdom [2] |
Night Poaching after being Aquitted for Murder of Charles Payne, also Manslaughter. Sentenced to 7 Years Transportation |
Magnet (London) - Monday 12 March 1849:
FATAL AFFRAY WITH POACHERS.
Thomas Knapp indicted for the wilful murder of Charles Payne. Mr Poulden, who appeared for the Crown, said that he should not offer any evidence in this case, and verdict of acquittal was taken.
The prisoner was then charged with having wounded James Call, with intent to do him some grievous bodily harm.—lt appeared that on the night of the 26th of February, 1848, three men, named John Call, James Call, and Charles Payne, assistant gamekeepers to Mr. Drummond, of Cadlands, were out watching, and at about half-past twelve they twice heard the report of a gun, whereupon the keepers went round to a cover, called Shaplands, to which they thought the poachers were likely to go. They saw five men coming towards them. Two of the keepers seized two of the poachers, and a fight ensued; when James Call, who was a little behind, coming up, he was met by the prisoner, who struck him violently with a gun which he had in his hands. A desperate struggle ensued, during which one of the poacher's guns went off, and Charles Payne lost his life thereby. James Call and the prisoner fought for some time, when at length he struck Call a blow which rendered him insensible. On coming to himself he found Payne dead , and the other two keepers struggling on the ground with two of the poachers. Knapp had made his escape and absconded. Three of the others were apprehended and tried for the murder of Payne at the last assizes, but the judge was of opinion that, at the time the keepers tried to apprehend them they had no right to do so, and, therefore, that the prisoners had a right to resist the keepers. They were accordingly acquitted of the murder, but convicted, on an indictment, for night-poaching. In the present case, however, the first assault was made by the prisoner on Call, so the present indictment was preferred against him, he having been taken into custody in November last.
The jury found the prisoner Guilty.—Sentence respited.
|
Prison |
13 Jul 1848 |
Winchester Gaol, Winchester, Hampshire, England, United Kingdom |
Conviction |
1 Mar 1849 |
Winchester Assizes, Southampton, Hampshire, England, United Kingdom |
Murder of Charles Payne, along with other Poachers, No evidence offered against Thomas Knapp |
|
Death |
Yes, date unknown |
Person ID |
I1878 |
Australian Convict Ship Project |
Last Modified |
12 Feb 2024 |