Thomas Ludgate. Sergeant 22nd Cheshire Regiment who was murdered in Floriana Barracks 16 August 1864 was interred a few days later with military honours in Quartine Bastion Cemetery, Floriana.
Soldier executed.
Private John Burns, 1/22nd Cheshire Regiment. Born 1842 in Ireland.
Executed 10th of September 1864 aged 22 years outside the Conradino Prison, Paola, Malta in front of the whole garrison who witnessed the sentence being carried out.
Longford Journal - Saturday 24 September 1864
THE MURDER OF A SERGEANT AT MALTA.
On Tuesday, the 6th inst., John Burns, aged 22 years, born Ireland, soldier of the 1st Battalion 22nd (Cheshire) Regiment, stationed at Florina Barracks was arraigned on the charge of wilful murder, which crime he committed on the 16th of August last in the barracks at Floriana, by having maliciously, and with the intention of putting the life of Sergeant Thomas Ludgate, of the same corps, in manifest danger, and of killing him, caused the instantaneous death of the said Ludgate by firing at him with his rifle, and inflicting him wound the right side of his neck. The Crown Advocate, Sir A. Dingli, C.B. who conducted the prosecution, invoked the punishment of death against the prisoner, as provided for in Article 205 of the Criminal Laws. The prisoner having pleaded Not guilty” to the charge, the Crown.
The following witnesses for the prosecution were then called and examined on Richard Pratt, private, 1st Battalion 22nd Regiment, deposed that the 16th of August he was in the barrack room, and having heard the report of firearms ran the end of room, and saw the prisoner placing his rifle against the wall, Sergeant Ludgate was lying motionless on his bed, with a wound under his right ear.
Sergeant William Lapthom, 1st Battalion 22nd Regiment, said Private Pratt gave him piece of a ball which he had found near the prisoner’s bed; it was the one exhibited to him in court.
There were other military witnesses but all gave similar evidence. They heard a shot, ran to the room of the prisoner, saw the dead sergeant and the prisoner in the room.
The learned President summed the chief evidence to the jury, and said that the present case w-s very simple one for their consideration, remarking that the words uttered the accused, and the principal circumstances deposed to some of the witnesses, left no doubt to the guilt of the prisoner. He warned the jury that if any of them were of opinion that the punishments inflicted on the prisoner had provoked him into the commission of the crime, this was not admissible by law. inasmuch as those punishments were legal and according to the provisions of the law.
The jury then withdrew, and soon after returned the following verdict.
The jury unanimously declare that John Burns is guilty of the crime with which he stands charged in the indictment. The jury, however, recommend him to mercy, owing to his youth.
On this verdict the court sentenced the prisoner, John Burns, to the punishment of death, which was carried into execution at about half-past six on the morning of the 10th of September 1864, outside the Conradino Prison.
The prisoner, being Roman Catholic, and not having been confirmed, was attended on for this purpose on the evening preceding the execution the Lord Bishop of Malta, and his remains were cut down by, and handed over for interment to, the fraternity of the Misericordia, or Souls in Purgatory, consisting principally of Maltese nobles and gentry, who for two days previous, dressed in ghostly looking white masks, made collection throughout the island for the purpose of the sinner’s soul. The Rev. Dr. Coghlan, the newly-appointed Roman Catholic military chaplain, and two Maltese Capuchin friars, afforded him spiritual consolation to the very last moment.
He was executed on 10 Sept in front of the whole garrison who witnessed the sentence being carried out.
