William Owen, eighteenth-century Welsh smuggler

William Owen’s autobiography, NLW MS 21834B

Transcript of the account of the trial of William Owen at Carmarthen Great Sessions, April 1747 (pp.119-60: original pagination in parentheses)

• Introduction
• Summary of the biography

[119] William Owen was taken prisoner the sixth day of April 1747 in the county of Carmarthen near Lampeter, and committed to Carmarthen Castle on suspicion [120] of killing the Cardigan Post, but not charged then with the killing of Lilly, he was then very sickly and had but three shillings in the world, and would not send to his friends for relief, for that reason we cannot tell: One Daniel James there being goaler, a very hospitable man, took compassion upon him, and found him with necessaries.

Two days before the Assizes the return of the coroner's inquest was sent to the goaler, which had brought Owen in guilty of the murder of Lilly, which inquest the goaler shewed to Owen.

On Wednesday the 16th of the said month in the morning the bill was found by the grand jury [121] against Owen, In the evening he was brought to the bar, to be arraign'd

The Court being set, the prisoner being brought to court.

Clerk of the Crown Cryer, make proclamation, command every person to keep silent on pain of imprisonment.

Ck of the Cr. Jailor, bring Wm Owen to the bar (the prisoner being brought) Wm Owen hold up thy hand, you stand there indicted by the name of Wm Owen late of St Dogmell in the county of Pembroke mariner.

Prisoner. With humble submission [122] my Lords, I humbly beg that your Lordships may have the patience to hear, what I the poor prisoner at the bar has to say.

Judges. We will here you, go on prisoner.

Prisoner. With humble submission my Lords, I stand here indicted for the murder of James Lilly; I was not committed my Lords on suspicion of that fact that I stand indicted for, neither did I know that any such prosecution was to be carry'd on against me till Friday last, I have not had time sufficient to summons my [123] witnesses to appear here, by reason of the great distance they are off, some my Lords are in Pembrokeshire and some in Cardiganshire, I am innocent of the fact, but how my Lords is it possible for me to make my innocence appear to your Lordships, and my country; except your Lordships great goodness and benevolence will take this my present poor helpless case into consideration, and postpone my trial till next assizes: I have neither my Lords, councellors nor solicitors to plead for me.

Judges. If you want counsel prisoner, there is counsel in court, chuse your counsel.

[124] Prisoner. I have no money my Lords to retain counsel.

Judges. Have you any one in court to make affidavit that you had not time sufficient to get your witnesses, and that you could not get them here by this day.

Prisoner. Only my own affidavit my Lords.

King's Counsel. My lords I am concerned for the King against the prisoner at the bar, the law sayeth, it must be made appear by the affidavit of another person, and not by the affidavit of the prisoner.

[125] Prisoner. With humble submission my Lords I am no lawyer, neither do I understand the law, but my vulgar reason makes me believe that our happy constitution is grounded upon good men's consciences and consciences upon reason, reason on equity; I presume to say my Lords, that in equity I should have time to have got my witnesses

Judges. Prisoner, we can give no longer time because you have no affidavit - Jailer take care of the prisoner, and bring him to the bar at nine o'clock in the morning with his irons off.

On the 17th at nine o'clock in the morning, the court set, the [126] prisoner was brought to court.

Clerk of the Crown. Jailer bring Wm Owen to the bar - Wm Owen hold up they hand, you stand there indicted by the name of Wm Owen late of St Dogmell in the county of Pembroke, mariner; having not the fear of God before your eyes, did wilfully discharge a loaded pistol with a leaden ball valued at five shillings, at James Lilly late of the town of Cardigan which ball enter'd the body of the said James Lilly, in the pit of the stomach, and made a hole therein of half an inch wide, and seven inches deep, in the parish of Llanhenell in [127] the county of Carmarthen on the sixth day of this month, of which wound he the said Lilly expired, in a short time after. - What sayest thou, are you Guilty of this fact, or not Guilty.

Prisoner. Not Guilty.

Clerk of the Crown. Who will you be tried by.

Prisoner. God and my country.

Clerk of the Crown. God send you a safe deliverance.

Clerk of the Crown. Call the list of the jurymen over.

[128] Judges. Prisoner if you have any objections to make against any of the jury, you may chuse twelve of thirty six.

Prisoner. I am my Lords an entire stranger in this country I am satisfied as they are called.

Clerk of the Crown. Jurors look at the prisoner, - Prisoner look upon the jurors, - the jury being sworn.

King's Councel. My Lords we will call our witness, and prove the fact that the prisoner stands indicted for. - call John Franklin.

[129] Witness. John Franklin deposeth that he on the sixth of that month, about the hour of six o'clock in the morning, saw the prisoner at the bar and James Lilly coming through Llanggeler in the said county, Lilly being on horseback the prisoner on foot with a leather cap on and about his face. He farther deposeth that about the hour of nine o'clock the same morning there came several people by, some on foot and some on horseback, and asked if we saw the murderers; the witness asked who, they said they were William Owen and James Lilly. Witness said that they went by about six o'clock in the morning. [130] Witness deposeth, that he and another joined and went in pursuit of them, and about the hour of twelve saw them on the hills. When they came within about a hundred yards off them. The witness deposeth, that Lilly, was on horseback, and Owen the prisoner on foot, and stopped, talking to one another, face to face, and pretty close to each other. The witness said he heard a shot, which he took to be out of a pistol, and saw Lilly drop off the horse, on the same side as the prisoner stood, and saw the prisoner turn round with something in his hand, that shined, which he took to be a pistol; the horse made off, the prisoner pursued the horse, and mounted him. The [131] witness further said, that he came pretty near Lilly, he laid on the ground with a pistol in his hand.

David Oliver being called, who deposed to the same purpose as John Franklin, only the distance which he proved about two or three yards the prisoner stood from Lilly, when the pistol was discharged; neither could not say whether by Lilly or the prisoner it was discharged

Judges. Prisoner have you any questions to ask John Franklin.

Prisoner. Yes, my lords, with humble submission to your lordships, I have several questions ask. If your Lordships please to ask John Franklin if he had [132] any personal knowledge of me before that day that Lilly was killed.

Witness. No not before that day.

Prisoner. I humbly beg that your lordships, may be pleased to ask him, if he knows my face

Judges. John Franklin look at the prisoner, do you know his face.

Witness. No I do not.

Prisoner. What knowledge have you of me

Witness. Cap, person and coat.

Prisoner. I humbly beg that [133] your lordships may be pleased to ask, what distance he was off when the supposed pistol was then discharged.

Witness. About four score or a hundred yards.

Prisoner. What part of the horse was towards him then.

Witness. I was rather before the horse on the left hand side with all.

Prisoner. How near was I, when the supposed pistol was fired; at the deceased James Lilly.

Witness. I cannot tell exactly - you were pretty close.

[134] Prisoner. Does he take upon him to say that I fired it.

Witness. I do not know how it was fired, but a shot went off.

Prisoner. On what side of the horse was I when the pistol was fired.

Witness. The right side of the horse.

The next witness for the crown that was called was Thos Phillips, who deposeth that he came thereabouts six o'clock and saw James Lilly lying on the ground, then alive, but in great agony, and several others [135] with; and that the said Lilly had a wound in the right side of his temples, which he thought he had received by a pistol ball and that he had another in the pit of his stomach, out of which wound there came blood as he breathed, which he thought was the mortal wound.

Judges. Prisoner have you any questions to ask the witness.

Prisoner. Yes my Lords, with humble submission, I have great many questions to ask him. If your Lordships please to ask him, if the wound in the head had bruised the scull or no.

[136] Witness. No the scull was not hurted, it went slantways, upwards.

Prisoner. Please to ask him my lords whether the wound in the stomach went slanting upwards, or downwards, or sideways or right in the body.

Witness. The wound went directly in, neither one way, nor the other but direct, and through his coat and waistcoat

Prisoner. Was his coat and waistcoat burnt by powder, when the wound was given, as you can judge.

[137] Witness. Yes, both his coat and waistcoat was burnt.

Prisoner. Had he a pistol by him when you saw him.

Witness. No not one as I saw.

The next witness for the Crown, was one John Thomas, who deposeth that the prisoner and the deceased Lilly, came by his house about ten o'clock, and desired to have some victuals, he gave them victuals, and directed them in the road, in the evening it was reported abroad, that a man was killed upon the hills that he went to the place where he lay, and found Lilly with a great [138] many people about him, and he was alive; he declared much to the same purpose as the other witness.

Judges. Prisoner have you any questions to ask this witness.

Prisoner. Yes, my Lords with submission I have several questions to ask him. If your Lordships please to ask him, If I seemed to have any anger at Lilly when in his house.

Witness. No not the least, that I could see or hear, but seemed [139] very loving with another

Prisoner. How was the wound in his head, do you think he had that wound on him in your house.

Witness. No, he had not.

Prisoner. How was the wound in the breast, and was his coat and waistcoat burnt

Witness. His coat and wastecoat was burnt, and the wound was directly in.

Judges. Gentlemen for the Crowne have you any more witness to call.

[140] Counsel for the Crown. No my Lords we have no more.

Judges. Prisoner have you any witnesses to call in your defence.

Prisoner. Yes, my Lords, John Davies of Blanerdon.

Judges. What question will you have us to ask him.

Prisoner. If your lordships please to ask him; whether he was summoned there or no, to view the corps, and if he was sworn to the same.

[141] Witness. Yes, I and another freeholder, was charged there and sworn to view the corps.

Prisoner. How was the wound in the pit of the stomach, directly in, or slantways.

Witness. Direct in the body.

Prisoner. How was his coat, was it burnt, or scorched.

Witness. A large piece quite through the coat was burnt.

Prisoner. Is it to be supposed or thought, that a man at two [142] yards distance, could give him that wound.

Witness. No, I think not for I think that the pistol must have been close to his coat.

Judges. Prisoner have you any farther questions to ask.

Prisoner. No my Lords nothing else

Judges. Have you any more evidence to produce.

[143] Prisoner. No my Lords there is none in town as I know off.

Judges. Council for the King, have you any observations to make.

Council for the Crown. Nothing more my Lords.

Judges. Prisoner have you any observations to make.

Prisoner. Yes with your Lordships leave, the first evidence for the Crown, my Lords which was John Franklin, [144] deposed that he was before the horse; with all said, that I was close to the deceased Lilly. With humble submission my Lords, I take upon me to say that a man at such a distance, bearing upon a line with two men, may judge these two to be six or eight yards nearer then they would; neither, my Lords, did he say that I killed him, or discharged the supposed pistol.

Judges. Prisoner, have you any more to say - speak up.

[145] Prisoner. It's plainly made appear my Lords by the evidence of John Thomas that the deceased James Lilly and I had no spite or malice one or the other. It appeared my Lords, by the cross examination of John Franklin that I was on the right side of the horse. And all the witnesses agreed, that viewed the corps, that the wound went into the body direct, as appear likewise by his cloathes. My Lords, they likewise all agreed that the coat and wastecoat was burnt, particular, it appeared so by the evidence of Mr John [146] Davies, who was sworn to view the corps that the coat was burnt through.

Judges. Prisoner, proceed if you have anything more to say.

Prisoner. With humble submission my Lords, as I was on the right side of the horse, it was impossible for me to give him that wound, in the pit of the stomach, be pleased to heare me, as I was on the right side, I could not discharge [147] a piece that would penetrate direct into the body, it must have gone slantways to the left side and upwards. My Lords with humble submission, I shall give your Lordships farther reason for it, My Lords as he was on horseback and I on foot, and a large horse, and he being a great deal taller than than [sic] I, I must be my Lords too low by a great deal to discharge a piece that would directly go into the body, it must have gone upwards, for when a man discharge a piece, [148] he cannot lift that piece higher than his eye, if he does my Lords he will be aimless. In relation to the burning of the coat, I take upon me to say, for I have proved it by experience that if the muzzle of a piece be but half a foot off the body it will not burn cloth through. And as it appeared by the evidence of David Oliver, that he judged me to be two or three yards of Lilly, when the supposed pistol was discharged. So I trust [149] in your Lordships great consideration, that all the facts when compared, can never bring me in Guilty of his death.

Judges. Prisoner, have you any further observations to make.

Prisoner. I humbly beg to be heard in one thing more my Lords.

Judges. We will hear you, for you have a right to speak, [150] being as you have no counsel.

Prisoner. With humble submission my Lords I humbly presume to say upon this melancholy juncture of mine, my adversaries embraced this oppertunity, in throwing all the ill natured aspersion as they are capable of saying of me to my injury. Permit my Lords to say that I am a mariner bred, and have had the pleasure of serving in His Majesty's Royal Navy some years: and [151] likewise my Lords have served in the Merchants employment for a considerable time, and have been in many enterprizes, especially in America, and by all those that employed me I was always respected. I was likewise my Lords master of a vessel for many years, employed by several merchants of different parts; my last expedition was in the Blake Privateer of Liverpool in July last I went out master of her, and came home in January last first lieutenant of her. [152] Now my Lords I stand here indicted for that heinous crime of murder, which crime I am innocent off. I presume my Lords to say, that I put all my adversaries to their defiance, to make it appear that ever I committed or attempted a barbarous act, but always discharged my trust, with honour.

Council for the Crown. My Lords we do not in behalf of the Crown prosecute the prisoner for his character, [153] but for the murder of James Lilly.

Judges. Prisoner have you anything else to observe.

Prisoner. No my Lords, I have nothing else.

Judges. Jury hear to the charge against the prisoner at the bar, and the evidence that was given for and against him. The judges having [154] read the deposition of the witnesses to the jury, and told them to consider whether the prisoner was guilty or no. The jury withdrew, after some debate among them, brought the prisoner in guilty of murder.

Judges. Take care of prisoner jailor, and bring him to court at four o'clock in the afternoon.

The court being set, [155] the prisoner being brought to court.

Judges. William Owen what cause have you to shew, why sentence of death should not be pronounced against you.

Prisoner. I have my Lords several causes to shew, had not time to get my witness, which witness would have proved that they saw Lilly giving himself the [156] mortal wound by discharging a pistol at himself. and I believe that there is several points of law that I hope will arise in my favour.

Judges. As to your witnesses you had time to bring them. But to the aforesaid points of law, what are they.

Prisoner. My Lords I am no lawyer, neither do [157] I understand the law, for that reason I cannot plead the law.

Judges. Have you any farther cause to shew.

Prisoner. No my Lords, I have nothing farther.

Judges. William Owen you were indicted for the murder of James Lilly, you threw yourself upon your country, which country [158] found you Guilty. You are to go from thence to whence you came from thence to the place of execution, and there be hanged by the neck, Dead, Dead, Dead: 'The Lord have mercy on your soul.'

Prisoner. My Lords, I have the greatest concern to me, to pray for of your Lordships. Your Lordships has performed your duties, in pronouncing sentence of death on me. [159] Permit me worthy Lords, to say that I have spent my youthfull days quite negligent of my duty towards my great Creator; in pity to my poor immortal spirit: I pray for the sake of Jesus Christ for a fortnights extraordinary, in order to enable me to make my peace with my great Creator, who I the unworthy creature hath so often offended.

Judges. That will be considered upon, Jailor take care of the prisoner.

[160] On the 28th the jailor came by their Lordship's commands to the prisoner; and told him, that he was commanded by the judges to tell him that the day of his execution was appointed to be on Saturday the second day of May. The prisoner made answer, if the day for the execution of my body is fixed so soon, I thank God the day of execution on my soul is not at their Lordships commands.