about sixty yards from the house, and he saw a gun fired from a window of the house; immediately on that Tubby fell down; he ran off; immediately saw Rogers in the window from which the fire came; afterwards saw Rogers come out to the man and walk round him and take Tubby's gun, but before Rogers came out another gun was fired; saw one or two more at the window afterwards; intended to apprehend him and bring him to Launceston.
John Williams. Was with Bennett and Tubby at the constable's desire to take Mr. Rogers, but ordered them not to shoot without necessity; about sixty yards off the house saw Tubby on his knee, almost before he heard the report of the gun; immediately saw Rogers in the window with a gun in his hand; thought Rogers was gone out of his house. Tubby cried, "Lord! Lord!" and fell down. Another gun fired, and he crept away through the hedge.
Henry Thomas. Saw Rogers on 16th March, with a gun, walk by the dead body forwards and backwards. Said, "Here lies the black Bill."
Henry James. Was called to assist William John the constable the Sunday that Tubby lay dead at Skewis; saw the prisoner with a gun within twelve feet of the body. Prisoner said, "Sir Andrew, thou didst make thy brag last Sunday that thou wouldst lend me a brace of bullets, but I think I have paid thee." Asked them to come in and drink a dram; refused. He said, "If he would, he would make them come into the castle." They went away, and we retired. Rogers stood in the lane with a gun in his hand, bid them turn in; said, Sir John St. Aubyn would be angry if they had any thing to do with any body in the house. He said, "Damn them, if they did not he would shoot them."Asked, if they knew who killed the man? "No." Said, "There was a black man lay dead in the moor, if any body would own him they should have him. I have the bill;" pro-
