On Monday the 22nd of December I again returned to the house and found the barrel of a gun concealed in the thatch of the back part of the house. It was in the thatch among the straw, stuck in the eaves nearly as far as I could reach, and lying quite close by the side of a spar. The lower end was two feet up. It was pushed in at the eaves, and could not bee seen either from the outside or from the inside. I found two pieces of gun stock also, in a field in the occupation of Mr Thomas Moses, of Basckerdike, adjoining the road between Longdales and Ainstable. They were concealed in a sumph – a watering place for cattle. There were concealed from view by the mud at the bottom, amongst which they were lying. I found two smaller pieces of gun stock also in the same place. I produce those pieces. The small pieces fit the other part of the stock which I have already spoken of, and formed part of it in fact. (The several parts of the gun spoken to by the witness were here put together by the superintendent. Two small pieces which were found on the spot where the murder was committed were now produced by police officer Pharoah, and were found to fit and correspond with the broken part of the stock and barrel. These pieces made up the gun complete, with the exception of the lock, which was altogether wanting. The gun having been examined by the jury, the witness continued.) The gun has been broken close by the trigger. The barrel muzzle is bent a little to the right. When I found the barrel there was blood upon the breach end of it and also upon the trigger guard which is on the stock. I did not find any blood upon the stock. The trigger guard is also broken and twisted. I went to Edinburgh and took a pair of fustian trowsers, a velveteen coat, a pair of cord trowsers, and a jean purse with me, on the 1st of December. I took them to Dr Maclagan; they were examined by him in my presence and I brought them away again. I now produce them.
John Pharoah, recalled. I produce two pieces of gun stock, which I received from James Elliot’s wife (the pieces already referred to,) They appear to have been broken from a gun stock. I have compared them with the gun stock and barrel just produced by Smith, and I have no doubt that they fit the broken part, and without any doubt form part of the gun. I also produce a piece of ramrod, which I got from Hamilton Hogarth. It is the head of a wooden ramrod and is four inches long.
John Robinson – I am inspector of police stationed at Penrith. On Friday the 19th of December I had charge of the cells at Penrith lockup. William, Henry and Joseph Graham were confined there, in separate cells, on a charge of having murdered Thomas Simpson. About four o’clock on Friday the 19th, Henry Graham asked me to be allowed to see his brother William as he (William) was so poorly. I told him I could not permit it without the consent of the superintendent. He asked me the same question on Saturday the 20th. I told him I should endeavour to get an answer from the superintendent as soon as I could. Dr Jackson, who had been visiting the prisoner William Graham, told me that he was dangerously ill, and also told Henry the same in my presence, both on Friday and Saturday. The superintendent came home on Sunday morning, and I told him what Henry had said. In consequence of what the superintendent said, I allowed Henry to go into William’s cell, and he has been allowed to remain with his brother ever since, in consequence of his illness. A short time after Henry went into William’s cell, he (Henry) knocked at the door. I went to inquire what he wanted. Henry asked for the superintendent, as William wanted to tell him all about the matter. I informed the superintendent what Henry had said, and he and I went into William’s cell. William then made a voluntary confession.