WE cannot so clearly see by the report of this trial, as the jury might have done by the evidence adduced, the malice propense necessary to constitute the conviction of murder. But, though we are by no means disposed to question a verdict of the country, yet we cannot avoid saying, that the case added to the services which the unfortunate man had rendered the king, should have proved a strong recommendation to royal mercy.
This soldier was a native of Morpeth, in Northumberland, and brought up as a husbandman; but having inlisted in general Cope's regiment, he served five years and a half in Flanders; when, some horses being wanted for the use of the army, he and another man were sent to England to purchase them.
On the 11th of February, 1748, as Whurrier and his companion were walking over Finchley Common towards Barnet, the latter, being wearied, agreed with a post-boy, who went by with a led horse, to, permit him to ride to Barnet, leaving Whurrier at an alehouse on the road. Whurrier having drank freely; met with a woman who appeared to be his country-woman, and with her he continued drinking till both of them were intoxicated, when they proceeded together towards Barnet; but they were followed by some sailors, one of whom insulted Whurrier, telling him that he had no business with the woman.
Whurrier suspecting there was a design to injure him, asked the woman if she had any connection with those men. She said she had not: but in the meantime the other Sailors coming up, said they came to rescue the woman; on which Whurrier drew his sword; but returned it into the scabbard without annoying any one.
A soldier riding by at this instant, Whurrier told him that the sailors had ill-treated him, and begged his assistance, on which the soldier getting off his horse, the sailors ran away, and Whurrier pursuing them, overtook the first that had assaulted him, and drawing his sword, cut him in such a manner that he was carried in a hopeless condition to a house in the neighbourhood, where he languished till the Sunday following, and then died.
It appeared by the testimony of a surgeon that the deceased had received a cut across the skull, as if done with a butcher's chopper; so that the brains, lay open; besides a variety of other wounds..
Whurrier being taken into custody for the commission of this murder, was brought to trial at the next sessions at the Old Bailey and being capitally convicted on the clearest, evidence, was sentenced to die.
After conviction he said he thought there was a combination between the woman he had met with and the sailors; and a day or two before he suffered, he procured the following paper to be published, which he called, "Whurrier's Declaration."
"This is to let the world know that I have lived in good credit, and have served his Majesty eight years and two months. In the time of my service, I have stood six campaigns, and always obeyed all lawful commands: I have been in three battles, and at Bergen-op-zoom, during the time it was besieged. The first battle was at Dettingen, June, 1743, when his Majesty headed his army: the second was in the year 1745, April 30, at Fontenoy; the third was at Luckland, by siege; besides several skirmishes, and other great dangers. I had. rather it had been my fate to have died in the. field of battle, where I have seen many thousand wallowing in their blood, than to come to such disgrace: but, alas! I have escaped all these dangers to come to this unhappy fate, to suffer at Tyburn, and afterwards to hang in chains on a gibbet, which last is the nearest concern to me; and I cannot help expressing, that it would be more beneficial to the public to employ blacksmiths to make breast-plates for the soldiers, than irons to inclose their bodies to be exposed to the fowls of the air.
"I have been a true subject and faithful servant, as is well known to the officers of the regiment to which I belonged. If I had been a pick-pocket, or a thief, I should have suffered much more deservedly, in my own opinion, than I now do; for what I did was in my own defence: I was upon the king's duty, and was assaulted by the men in sailors' habits, who gave me so many hard blows, as well as so much bad language, that I could no longer bear it, and was obliged to draw my sword in my own defence; and being in too great a passion, as well as too much in liquor, I own I struck without mercy; as thinking my life in danger, surrounded by four men, who I thought designed to murder me; who, or what they were the Lord knows; it is plain they had a false pass, as it was proved: and that they had travelled but seven miles in nine days; but I forgive them, as I hope forgiveness: and the Lord have mercy on My soul, and the poor man's whom I killed.