The Press. — London, England, 1858-08-21 00:00:00

ie middle of the road on to the path. loaf inn handkerchief lying close to the was blood flowing from his mouth. I rards Acton and told the police. lER : Did you see any weapon near the cord, dagger, or stick ? did not. lEft : Did you see either of the men hit No; I only saw ono of them swing a `X BAILEY LINGIIAM, member of the surgeons, residing at Acton, said : I first body of the deceased on Monday night, fore twelve o'clock. It was lying 1.(X) yards 'bray bridge, close to the Priory wall. The ras then qu►te dead• A quantity of blood the mouth and face, and the lower part was covered with blood. I examined the particularly, thinki►;g that the man might - run over, but they were not torn or I ordered the body to be taken to the ►blic•house, the George Inn, but as they , let it remain in the coach-house there it to the dead•house. On the following day examination of the body, and found blood 'hich could not have come from the mouth. clothes saturated with blood, and a small coat and a corresponding cut in the shirt. ing the chest I perceived a wound half an igth, corresponding to the cuts in the shirt The cut was two and a halt' inches to the ►f the right nipple. A very small quantity lad been discharged from it. I sub made a post-mortem examination. I chest, and on removing the skin I found under the cellular tissues. On opening the was a corresponding wound in the pleura. ted into the left ventricle of the heart, lie right lung. A great quantity of blood in the cavity of the chest and the pericar- CORONER : Was the wound sufficient to cause : Yes ; no man could have survived such Death must have been instantaneous. itness here produced the clothes, which fined with blood at the places where the in vere made. The coroner and the jury examinee the places where the weapon had which were very small, and appeared to have le with a very sharp instrument. ANSEI.L, No. 1, T division of police, deposed searched the pockets of the deceased, and pair of spectacles in a case, three halfpence IT, a small piece of pewter pipe, some tobacco, wine of soap. There was also a parcel lying to body, containing a half-quartern loaf and bacon. ;DWARD TARLETON, superintendent of the T of police, here addressed the coroner, and tat it had become his duty to arrest that Mr. Henry Augustus Clavering, of 61, ‘yerness terrace, Bayswater, a lieutenant in her '1 navy. He had taken Lieutenant Clavering the magistrate at Hammemnith, who bad to bail to appear again on Friday. CORONER inquired whether Lieutenant Ing was present? :ARLETON said he was in the house and ready !nd. ttenant CLAYERINO, a gentleman very fashion ired and about thirty years of age, shortly irds entered the room, and took a seat close to :pet intendent. He appeared to treat the matter thtly. lonosen, : Are there not other witnesses? entleman, who stated that his name was is Miller, and that he was a post-captain in aajeaty'a navy, then stepped forward to give fence. He deposed as follows :—" I reside at ',trove,' Exeter, and came to London this after- I am staying at 61, Inverness-terrace, Bays the residence of Lieutenant Clavering. Iwas Acton-road, near the Priory, on Monday night bout twelve o'clock. Lieutenant Clavering ith me. We were on foot. As we approached Tway bridge we thought we had lost our way. lined we were on the road from Turnbam towards Acton. We had been out for a walk. ierged into the high road from Acton out of a dark lane. As we gut out of the lane we red a man at the opposite side of the way, fitly intoxicated, talking to himself and making 'motion. On coming nearly up to him be round furiously towards us, and to the best of diet said, What business have you here? are you up to ? ' I thought the accent was f a foreigner, and I said to Clavering, ' He is discharged valet or barber.' Clavering said to man, We are two gentlemen, taking a walk for amusement, and I should like to know what mess that is of yours.' What further the man I cannot say, but I heard disconnected .tences, such as Do for you,' and he then made rush right upon Clavering, who happened to be bady from the There was a to body. There rime on tower The ConosE h01y....t sword Witness : I The Coctowi the deceased. Witness : stick. Mr. 1-le.sitl College of Sul o w the boil, shortly before from the raffle deceased was from I }lowed of the face w; c l o thes parti have bean r damaged. I n earest pub' would not L was taken to 1 made an e: exuding, whi I found the cut in the cc On examinit inch in leng and coat. 1 right side of of blood 111 aequently opened the blood initial chest there It extendet through th remained it drum. The Cox( death ? Witness a wound. The wits were staine visions we minutely e: entered, wt been made JOHN MI that he s found a pa in money, and a pie beside the a piece of Mr. ED division 01 stated Of morning Inverness Majesty's before th held him The ( Clavering Mr. TA to attend, Lieutet ally tutir terward the super very Nth The Cc A gen Thomas her TINE evidence. the (;re noon. I water, th in the AI last abc was with the rail, I imagi green tc IVe eme narrow 'Amerces evident' a comr turned my bed What that of Nome d the ma our an busine' said I sentenc a rush THE PRE SS, AuGusT 21, 1858. - - nearer to him than I was. Clavering struggled with him with a swordstick in his hand." (A very formid able swordstick was here produced.) The CORONER : What do you mean by " struggling with him ?" Witness: The deceased caught hold of the sword stick, and Clavering told him to mind what be was about, as he hail a swordstick in his hand. lie repeated this two or three times. The night was very dark. I did not myself see the sword leave the sheath, but I saw the man strike two or three blows at Clavering, and one came right down on his head. I then saw that Clavering's sword was drawn, and it seemed to me he was endeavouring to keep the man off the point. I then thought I saw something glitter like a knife or a polished pistol in the unfor tunate man's hand. I sang out, " Take care, Harry, he has a knife or pistol in his hand, so look out." I grasped my own stick tighter, and got a little nearer to the man, to see what it was he held in his hand. I heard Clavering say distinctly to the man, "Take care, or I may do you an injury." He subsequently said, " This is the third time I tell you—take care I do not do you an injury." The man made another rush after• that warning, and fell. I never saw Claver ing strike a blow or make a thrust, but I saw him retreat to the side of the path. When I saw the man fall I said, " Come along, Harry, I expect there are more of them about." He replied, " Hold a minute until I pick up the end of my swordstick." I did not know until then that it was with the sheath of the swordstick that the deceased had struck Clavering. We then went on. Clavering said, " I fear I may have pricked the follow." I said, "Nonsense, Harry, I was close to him, and I could swear you never• touched him ; I expect his drunkenness has been the cause of his fall." He said, " Well, I don't know, but I will see directly whether there is any blood or stain on the point of my sword—possibly he may have got pricked in the arm while rushing on me." I said, " Well, if that's all, it will do him no harm, and serve him very well right ; but I could almost swear you have not touched him." A cart was passing at a slow pace in the direction of Acton, and Clavering sang out, " There is a drunken fellow on the roadside ; take care, and don't go over him." I also sung out, "You had better pick the fellow up and put him in the cart." After going on a little further we came to a light place on the road, and Clavering said, " Hold on until I see whether that fellow was really pricked or not." Clavering then drew the sword and we examined it minutely, and there was no mark or stain of blood of any descrip tion on the sword, and I remarked, " There, you see, I told you you had never touched the man," or " he was never touched." Clavering said, " I am very glad of it; but it' he had been pricked, it would have been his own doing." I then observed that a little bit had been chipped out of the sheath of the sword stick. Before this I had said, "Shall we go back and look at the fellow?" Clavering said, " No; I don't see the use of it." That is all I have to say. The CORONER : Then, gentlemen, I am bound to tell you that on every ground it is right that we should adjourn this inquiry, in order to have addi tional evidence. The FOREMAN of the JURY : May we not cross examine Captain Miller? The CORONER: I cannot allow him to be cross examined. It is a most important case, and I must bind the witness over in heavy recognizances to appear here again. He volunteered the statement he has just made, and I did not think it necessary to caution him as to what he was about to say. But after the statement be has made, and considering that he was present during the affray, I think it would be wrong to cross•examine him. I therefore propose to adjourn until Thursday next, and as both Captain Miller and Lieutenant Clavering must ap pear before me, it is possible they may avail them• selves of legal assistance. Lieutenant CLAYERING then stepped forward and said : I have only got to say that, if a man has run through another intentionally, his conscience must accuse him ; but I will take my oath, and may God strike me dead it' I tell a lie, I never pointed my sword towards him. Ho struck me three times. The CORONER: I think you had better say no more at this moment. Lieutenant CLAVERING : I wish to make that state ment before my countrymen. Captain MILLER: Am I to consider myself a cul prit in custody ? I am quite ready to appear. I knew nothing of the matter until I read it in the newspapers. The CORONER : I certainly cannot allow you to leave the room until you have entered into your re cognizances to appear on Thursday. Captain MILLER: I am quite ready to appear. The CORONER (to Mr. Tarleton): Did Lieutenant Clavering give himself up to you? Mr. TARLETON : Ho went to Sir Richard Mayne, and from information I went to Inverness•terrace, where he made a statement, and said he was willing to go before a magistrate. I met him by appoint ment, at the Brook Green station. We then went 813 before the magistrate at Hammersmith, where some evidence was taken, and the further hearing adjourned until Friday at two o'clock. Lieutenant Clavering was then bound over in his personal surety for 500/., and Captain Miller in 300/, to appear at the adjourned inquest on Thursday. The CORONER : Then the inquiry must be adjourned until Thursday next, when I hope the whole of the evidence will be completed. The case is one of great importune?. The public attention is intensely directed to it, and 1 recommend the jury between this and Thursday not to enter into any discussion with other persons upon the features and general character of the case, as they have at present only heard one side. The case was then adjourned until Thursday. The following is a report of the proceedings at Hammersmith police-court:— Mr. Henry Augustus Clavering, aged thirty-four, a gentleman residing at No. 61, Inverness•terraee, Bayswater, was charged, upon his own confession, with causing the death of John Gates, of No. 12, Great James-street, Lisson grove, by stabbing him with a swordstick ►n self defence, on the night of the 9th instant, in the Uxbridge-road, Acton. Mr. Superintendent TARLETON, of the T divisors, stated that on Sunday last, in consequence of infor mation he bad received, he went to No. 61, Inver ness-terrace, Bayswater, where he saw the prisoner, who made a voluntary statement, upon which he appointed to meet witness at the Hammersmith police station that day. fhe prisoner attended accordingly, and repeated his statement, which had reference to his killing a man on the night of the 9th instant. The prisoner also gave him a swordstick, which be now produced. The prisoner's statement was here banded to his worship, but it was not read aloud. It was to the effect that, about ten o'clock on the night of the 9th inst. he went out with a friend (Captain Miller, of the Royal Navy) for a walk to Acton and back again bef ire going to bed. On reaching Shepherd's bush, instead of proceeding along the road to Acton, they turned off to 'l'urnham-green, with the intention of taking a short cut across the railway into the Acton road and so return home that way. Upon their arriving at the Pack Horse public•house, Turnham green, they had something to drink, and asked their way. They proceeded along the road pointed out, and found it very dark. They subsequently met two men, and again asked their way. They took the turning the men directed, which they afterwards found to be the road by the side of the railway. They became rather alarmed, as they had seen some rough persons at the public-house. They turned into the Priory-lane, and there beard a man cursing and swearing. This man sprang upon him (the prisoner) and in holding up his swordstick the sheath, a black thorn stick, came off. The man then struck him with the sheath across the head and shoulders, each time springing back. He (the prisoner) told him that he was a determined man, and would defend himself with the sword. The man then sprang at him again; but this time he slipped and fell off the path. He (the prisoner) picked up the sheath, and placed the sword in it. They walked away, and he remarked to his friend whether he had not pr►cked the man. Before putting the sword in the sheath he looked at it, and did not perceive any blood. After proceeding a short distance he met two men in a cart, and lie told them to be careful, as there was a drunken man lying in the road. He then went home and heard nothing more until he read the account of the matter in the Sunday papers. He then imme diately proceeded to Sir Richard Mayne. Sergeant MANSELL, No. 1 T, said : About twenty minutes to twelve o'clock on the night is question he received information, and went to the railway bridge towards Shepherd's bush. He there found a man who was afterwards identified by his son. He was quite dead, and a quantity of blood was oozing from his mouth. The doctor examined the body, and afterwards made a postmortem examination. A wound was discovered about two inches from the right nipple, and it passed right through the heart on the other side. There was also a very small wound upon the stomach, the flesh just being touched. Such a weapon as the swordstick produced would cause these wounds. Witness had met the deceased about ten minutes before, and he was then drunk and singing. Mr. EDWARD GATES, the son of the deceased, said he saw his father alive and in good health on the same night. He knew that his father had a contract with Mr. Reeves, the florist, at Acton, to put in some glass. Mr. 'Namur said at present the only evidence against the prisoner was that furnished by himself. He thought the bail—himself in 2001. and Captain Miller in 1001.—for his appearance on Friday was quite sufficient. The prisoner was then liberated. On Thursday the inquiry was resumed, when Lieutenant Clavering and Captain Miller were again present, and were cross.examined by the foreman of the jury. y _~