Annual Register Vol LXXX 1838 page 127
Devizes Crown Court
George Maslin was indicted for maliciously shooting Bryan Rumboll with the intent to murder him.

Bryan Rumboll: - I am a farmer at Lyneham. The prisoner was a labourer in the same parish. I was at Calne market on the 17th January last, and was returning home on horse-back in the evening between five and six o’clock. I rode up to the first field, and when I came to the top of it, some hurdles were placed in the gateway; they were not there in the morning when I went through, but were in another place. I had put out my left hand to open the hurdle, when a gun went off, and my left arm immediately dropped, and the horse galloped off, and went to Lyneham, where I got assistance. I lay in bed five weeks. I cannot use my arm.
Cross-examined. – I never had any quarrel with the prisoner. I was overseer about eight or nine years ago.

Thomas Henley – I live near the last witness. I was returning from Calne market that evening and heard Mr Rumboll had been shot. I found him at a neighbour’s house and I assisted him home. I then went to the spot where it happened. Some snow had fallen that afternoon at half-past four. I observed some tracks about eighty-five yards from the spot where Mr Rumboll was shot. I traced it half way towards the spot, and came to a plain mark of a footstep. I had a leather apron put over that mark. I then traced a corner where the person appeared to have stood. There was the impression of a foot in the ditch. I then traced the marks from the spot, and about fifty yards off I found another plain mark, and I had that covered over with a gaiter. The shoe must have had a plate on the toe. I believe it to have been the left foot. I know the prisoner. He lives at Clack. I pursued the tracks across several fields. The man had not taken any path, but had gone across the fields to Lyneham. The tracks were all the same. No other party had passed. I pursued them to the road opposite Maslin’s house.

Enos Clarke, a labourer, corroborated the evidence of the last witness, whom he had accompanied in tracing the marks. He and Thomas Prior a shoemaker deposed that they examined minutely the impressions in the snow, and compared them with some shoes of the prisoners, with which they were found exactly to agree.

Samuel Eve. – I am a London police-officer. I took the prisoner into custody on the evening of the 6th of February at his house. I told him I came to take him into custody, but did not say on what charge. Behind the door of the kitchen I found a gun, and on the shelf a powder-horn and a shot belt, and some copper caps. I was about to take a small box when the prisoner said “You need not take that, as it is only tobacco”. – upon looking into it I found one bullet and some slugs but no tobacco. Under some wood in the kitchen I found a pair of old shoes. They appeared to have been recently worn. I took the prisoner to a public-house, and sat up all night with him. About six in the morning he said, “If any person says I shot Mr Rumboll they are liars.” I had not then told him on what charge I had apprehended him, and he added, “If I did shoot him, no one did not see me.” I took the old shoes, and compared them with the pattern the shoemaker had made.

Ann Guy. – I was living with the prisoner; he came home at eight o’clock that evening; he brought the gun with him; he appeared to be in very low spirits. I asked him where he had been? He said to Henry Lewis’s; and that he heard a gun go off towards the Goatacre road. On the 16th of January the prisoner told me to get him some bullets. I got him six, and gave them to him.

Jane Wilkins. – I live at Clack. The prisoner came to the house two days before Mr Rumboll was shot, and borrowed a gun to shoot rabbits.

William Ody. – I am a labourer. I was in Marlborough gaol for taking a bit of wood in the hard weather. I was in the same cell with the prisoner. I asked him wht he came in for, and he said for stealing wood, but not altogether for that, but they thought he had shot Mr Rumboll. I asked how they came to think it was him, and he said it was because of the shoes he had on that night; this was on the 9th of February. He said he had not worn that pair for twelve months, he said Mr Rumboll was a bas sort of man to the poor. I said it was a wonder he had not been killed. He said they were too big a hurry; they shot too quick; and that if it was him no one ever saw him; and he did not care, if they did not find the bullet mould; and as for his woman, he was sure she would not split; they had found half a bullet in the house.

James Franklin who had also been in Marlborough gaol for wood stealing deposed to having has a similar conversation with the prisoner.

Joseph Smith. – I am a labourer and sometimes worked with the prisoner. I remember his telling me many times that Mr Rumboll was an ill man, and that if he saw him in a ditch he would not help him out. That was more than two years ago.

Henry King, surgeon. – I attended Mr Rumboll; I found his arm was broken and wounded; the ball had passed quite through his arm, I found the bullet in his flannel-sleeve; it was half a bullet; he will not have the use of the arm again. I did not consider his life in danger.

This was the case for the prosecution. No witnesses were called on behalf of the prisoner, but his counsel submitted, that as the first count stated, “the prisoner with a bullet inflicted a wound, that the wound being a bodily injury, dangerous to life, with the intent to murder,” it was necessary to prove that the wound was dangerous to life; whereas it was not actually so.

The learned Judge, however, said he thought differently, and in summing up, observed, that the statute provided, that any person who stabbed, cut, or wounded another, although such wound &c., should not be dangerous to life, should suffer death. If the Jury were of opinion that the wound was inflicted with the intent to murder, that would support the capital charge. But, if it was inflicted only with the intention to do some grievous bodily harm, the punishment would be transportation for life.

The jury having consulted together for a short time returned a verdict of Guilty; upon which, sentence of death was pronounced. The wretched prisoner was executed on the 6th of September following, having previously made a full confession of his guilt.