Star. — London, England, 1816-09-21 00:00:00

4 Ler• Mt, wn• )01• for he At lent r7t /* . . . oLD t " • tat% ett Todi POR.ikuatos Tads'came on tlae6lll isf IBMS TEA, 14naini "of the Bald faced Stag, public-house, at EnSeld awe, near Barnet, for the Wilful murder of John , D ra pe,. stimmoning Officer of the Court of Re. quests of Enfield, on the Bth of Aligost last. From the long.continned examinations at the Police Of f ice. 1 and the mystery that still seemed to hang over tbe. c are, even when the commitment of •the prisoner too k plate, the public interest was strongly excited. T h e c or m was crowded in every part soon after eight o'clock. On the Bench we observed the Duke of g o o& Lord MONTFoRT, Lord YARMOUTH. and several other characters of. rank. The .galleries and the b o dy of the Court were thmnged oath elegantly dressed -woolen. Indeed. so strongly was female seor k n ity.excited on this occasion, that several Ladies w ere content to stand in the dock; within two or t h ree feet of the prisoner. The yard in front of the bake Hall was filled with an anxious multitude. $ o great was the inconveoience when the trial corn ineocrd, in consequence of the steps being crows/ed. w hi c h prevented the witnesses, who bad previously been or d e red out of Court, from gaining admission. when co n e d on, without much difficoky, that it was found necessary to ernploy a posse of constables - to clear a passage; which, after a hard struggle, they e ff e cted. Esch side of the Old Bailey, almost to t h e en d of the street, wall filled with crowds of rows. Soon after nine o'clock, the RRCORRER having m. l ived in Court, Tuck was placed at the entrance of the dock. He is a tall, athletic man : his features tun good and intelligent. He was dressed in a drab. coloured frock coat, buff waistcoat, white cord., onaliclathes,' and drab gaiters. Being extremely lame, he was indulged with a chair during his trial. Mr. &MUDS, the Clerk of the Arraigns, read the two indictments against the prisoner. The first, which charged him with the Wilful murder of John Draper, contained two counts. One set forth that the prisoner had beaten the deceased about the head sod neck with his two hands, thereby inflicting wounds and bruises, which had occasioned death. The other stated, that the prisoner with his two hands had thrown the deceased into a certain well, and caused his death by suffocation and drowning. The second indictnient charged the prisoner with feloniously taking from the person of John Draper. two ,el Bank of England notes, his' property. To both in dictments the prisoner, in an audible voice, pleaded 46 Not Guilty;" and the customary question, of v How will you be tried ?" having been asked, he uttered the usual response. 46 By Goa and my coun try!" in a very bold and firm manner. Mr. Baron GRAHAM, Mr. Justice HOLROYD, and Mr. Justice BURROUGH arrived at ten o'clock, when the prisoner Wai immediately put to the bar, and the trial proceeded. The pleadings were opened by ldr. Wateono. Mr. Atannaw4 stated the case, and after going over the evidence he was now to adduce, said, that murder is general could only be perpetrated flout two mo tives, ember from a desire of revenge Pr some sup. Posed or inflicted injory,or from a tenseration to seize the property uf another. Under this last head, he should consider the crime now alledged to have been envenomed, and therefore the Jury had to inquire, I had or had not the man been murdered ? He argued I it was undoubtedly evident the man was murdered, first, nom the situation of the well, to which it was morally impossible any man could have gone volttn tardy, though ever so inebriated; secondly, From the p0 , ..i pi, in "ich the body was found; and thirdly, fro the money he had on him the preceding day totally abstracted, and no aceount being given . of .1. But the Jury had further to inquire, how far the prisoner wa, affected, and he (Mr. Andrews) certai .ly thought unless the prisoner could sati.facto rily account for the two RI notes traced to him, and which the deceased had the day of his fatally being bere,ived of life, there could exist no doubt of his guilt: The Magistrates had humanely given him every opportunity by means of a protracted exami. nation to account for the money, but he had not un fortunately been able to do so. Richard Thotas, a schoolmaster, was repeatedly employed by the deceased, John Draper, in assisting him in the discharge of his duties, as a summoning Officer of the Court of Requests. About half-past ten on Thursday morning, the Bth of Augusts the deceased came to him to demand ltis assistance, and they both wait together, and arrested Daniel Chap tell, for a debt of . se2 18s. 9d, and he took bins to a Mr. Reynolds, at Potter's Bar, who paid the debt, and received ls. Bd. in change out of the sfrA notes. The deceased pulled out a parcel of notes, about three. finger* thick,- and put these 43 on theist aad put all in his small red pocket book, which he tied with a string. They Wets proceeded to the White Bear at Barnet, and witness remained with him till , about ten minutes past seven o'clock. Witness did' not think Draper either drunk er sober then, but is positive hepaid away no money whatever. Saw him no more is life. James Smith, a hair-dresser, lodging at No. 21, John -street, Edgeware.road, remeMbers calling at a public.home in Barnet on the clomping of August 8, where he found Mr. Draper, who till then was un known to him. They drank together. and witness SIW Mr. Draper have a pocket-book, but be paid no , money. After leaving that house they proceeded to another not far distant, where they had one pint of potter, and they then went to Tuck's *house in En field..wbere they found Tuck at home. They went into the parlour, and had two or three glasses of gin and water, for two of which witness paid.— deverdl persons, probably eight or ten, were in the parlour at the same time, and Tuck was repeatedly is and out on business. About ten Draper became i rather insulting, particularly to Robinson the black, and offered to bet any sum, of either delg Of de% but Robinson declared he would not strike him, but would go to law it he remained insolent. The pocket, book seemed pretty full of notes. Witness left the .toom soon after. ten, and Draper remained, but . on leaving the It to go home, be found 'Draper's horse and cast; which he brought back to the home* and found D:aper in the . satne room with Robinson :tad others, and he again endeavoured, hint unsue cessfully, to persuade Draper td go home, Draper 'gin& he would have a glass or taro first before he did 30. He went to theAbor with witness *thou bits • - 02 id lap ar e, he On ateiagill, 'ottleri ftE .k irelftaltb his turtle and eaiti Wel- re s plied, 4:dtd • twat know . Miele' the( tech, On eitildi at, Scuffle lank pleat s and the natter tell. Deceased iral an athletic man, about SO years Of age, and ,otter lmitring the ostler. attacked a haymaker, saying he Would wrestle, him, but the poor haymaker &Oiled, saying he wag. no wrestler, yet Draper collared him, on Which the' haymaker and he fell twice when Draper at last rising, offered to box him, and the hayniaker pushed him from him with his open hand. Mr blows *hat ever were given to his face by any person, and slit mess and Mrs. Tuck took him into the.parlour, when witness seeing no uie in persuading him to' come home, bade him good night. Cross-examined by Mr. Dowttoo.—The *ell is 60 or SO yards from the place where deceased and ostler were quarrelling. and there is a good footway tethe well. The fence round the well was rather .rotten, and witness had a good dog to defend him* from atfaeks. - William Robert, -ostler to Mr. Tuck, remembers very well the night when the poor eld man .was drowned. He came to the house before dark. .It eras a beautiful moon-light night. 4.leceased seized lint by the collar. -and tried once or twice to trip sins, but he did not succeed. Deceased fell down I. during the scuffle, but received no blows trom wit ness, who declared he was as good-natered as a 18Mb. Witness being tired, went to the tap-room land drank some beer. Soon after, Tuck said to him, " Go, Will, and look for that poor old man, fu he has lost his horse and cart." Witness then went, but he found only the poor bitch in the yard. He then went and lay down on some straw ; but he coul•.I not say at what hour, as there is no cloak in the • house. Cross examined.—Save the poor man in the well next morning. of which he was first told by his mas ter. The well is a wonderful one, being singular in every point. The dog was a little bitch, and as cross as could be, but not of sufficient strength to defend any man. William Webb, hay-maker, remembered coming past the Stag at ten o'clock that night when the man was said to be drowneck. SAW D:aper that night. whom he never saw before. He was then coming past the house. and WAS assaulted by Draper, who said, " I must wrestle with you." Seeing the de. eeased was intoxicated, viitness said, " My good , friend, I am no wrestler s" but deceased collared him, and licked him twice on the legs, but he never struck deceased. Both of them fell twice, and wit ness seeing decessed'rising the third time to attack him, pushed him down with his open hand, bin seas confident he was not hurt. He was afterwards taken into the house. Did not see Tuck all this time nor did he hear one word said about money ; but is confident that deceased was very drunk. John Walpole, butcher, at Enfield, was in Tuck's house on the night of the Bth of August, when Dra per came in. Several persons were in the room; and Draper had a young dog with him chained. knew Draper long, as he lived only three miles and a half 1 , from Tuck's. Advised him to go home at half -past nine, as he was totally inebriated then. Tuck was often in the room on business like any other landlord. Draper often challenged the black (Robinson) to fight, bot Robinson declined. Saw his red picket. book, which he often took out, and which did net seem either full or empty. He did not pay one far thing for liquor in witness's presence. Something passed between Draper . and some others abnit betting, but witness paid no attention to it, nor did he hear him specify any sum of bets. Cross.examined.—Saw no mon'ey in Draper's pos session, and did net see him exhibit any. The well is about four yards.frona the regular foot.path, and nothing about it to prevent a man fallitig•in. A certain place haft open for drawing water. On Dra per's leaving the room, aU the company believed he had gone home. . Examined by Ivir.Watzono.—Robinson and others kit the room soon after Draper. Perhaps; however, half an hour might intervene before they followed him. The first . witness was here Called up, and said that Draper had no regular days for business, but only embraced such as accident threw in his W4f. Thomas Kilmer:, a Constable, living at Totten ham. was in the Stag that day, and SAW Draper. Witness was there. partly on business and partly on pleasure, from three in the afternoon till after twelve midnight. Draper cammthere soon after eight in an intoxicated state:with another young man (Smith), and he had **dog with him, which he brought in its arms into the parlour. He was verymuch engaged in talkinand really very loudly. %rimers left the room on business, and so did Draper; but both soon I returned. when, seeing Draper way i n toxicated, he eifered to see him home. Soon after eleven, he missed Draper out of the room, and at the same time missed Sanders. Crouch,.Chnrch, and Robinson. who , are pugilists, and ledgers of Mr. Tuck'*. Did not see,Tuck at this time. 'Went out to -look tor Draper, but saw nobody, and the horse and cart were gone ; on which he said, " I Wiley. , Draper has given me the double, as I was going with him. He then took another glass Of gin and water, and went off soon after twelve. Tack might be twenty or thirty mi nutes out of his sight. Saw him, however, before -leaving the house, bat he had no remarkable appear ance then about him. Meyer saw the well before the Coroner's Jury examined jt. There is a backdoor leading to the well from the house, and part of the well is uncovered. There is a kind of rise before one Feel to the well, •probably about eight or twelve. inches; but he does 410 t. thihk it probable any man could fall into. the well by chance. Cross-esamined by Mr. ALt.ay.—Does not think the well was to exposed that a drunken man could . fall by ohm= into it; he did not me an to asseq, that Tuck was oat of the hens, daring the twenty orobirty minutes he did not see him, but he did not hear him going to beda . - James Peat . liven en-Cock-foster, which is not far, from Enfield. Saw Draper in Tuck's hoes*, and was , ahem an hour in his conspany Saw no money, pulled out by Drafter. • Cross-examined. —Had some emorenstion with, Mrs. Tuck. who applied to, him for die loan of some! theney, hating; as she said, to pay the brewer next i -morning: Gave bee the loan of 46, mid saw het, have at the safaim (time *boat 412 at' efle, and she I 'id Abe had onositialt pay lier.brewet ant . cley.-4., be: the al boltitaibtir Nom' SAW Ow, ifit 6(4 thineci Mai eft a.._ Notar.tbae time Ttlik asked' Me *Me Madre key klaittlied.room, astetaid he warring toile& ' •••• • exaritined by Mr. W4t.teitut.—Got t 8 these de 4111 notes limn a Mr. Parish's housekeeper; they *eke pietty nal •• Had the 'dew •NI for tett clays in his poineeside. . • Samuel Robinson (the Black) lodged in-tbelt l i house; and he left the deceased, a talkative old fel la*, in the parlouji between ten and eleven o'eloek at night, when he (Robinson) went to‘bed. Told deceased he would not Strike hitu t but would take the law of hini. Wait ib bed at that diamond never came down stairs till late out morning. Richard Crouch lodgell with Tuck on the Bth of Augest last, and saw Draperthere about half past ten o'clock, in the parlour. He left the parlour-be; fore witness. Church, the pugilist, Hired also there at that time, but unfortunately is no* in the King's Bench by a warrant. In the morning ofahe Bth, he saw Draper, who was then going to . Barnet, sod Tuck, through the window. seeing him come in, said, while at breakfast —' o There comes Mr. Draper, as honest an old Magi as ever breathed I he was once a mail of great property, but, poor man! he has last all bi a law-suit, or some misfortune, and his friends have all his property, and now, poor man! he has to give away summonses for his bread."--Swears to these being the very words used by Tuck. On Dre per's coaling up, Tuck and he shook hands, met cor dially, and seemed very warm friends to each other. Saw Draper in the evening, who was pretty drunk when he came to the house, but very much so before he Writ. . Draper seemed disposed for-a battle, - for I seeing nobody would fight himself personally, he en deavoured to make his little drig and a dog of Mr. Tuck's tight, and for that purpose took off the chain ' and collar from his own dog. Tuck, however, very prudently took away his dog, and Tuck repeatedly said, 41 Mr. Draper, I really advise you to go knew. as you can only make yourself worse by drinking more." Witness went -to bed about twelve o'clock, and at the same time, he saw Tuck preparing to go to bed also. Church and Robinson left t h e room before Draper. Charles Johnson, servant to Me. Parish, passed' Tuck's house about twelve o'clock, and SAW tour men rush out of it, the first of whom was Tuck himself, whom witness heard say--,a , D---n his old eyes! he is *gone round this way, I know :" knew it was Tuck, as the moon was very clear at this hoar, and he was familiar to Tuck's voice. Heard another say— ,' We'll give him a good hiding, and we'll kick his :" they ran round the house, in the direction of the well: there is a gate by the side of the house, leading to the field where the well is, and he is posi. tive they went through this gate; did not stop to see where they went further, or what they did ; his two companions (Btickett and Austen) had gone into the house, and lie was then going to his lodgings; was sure it was twelve o'clock, as he heard Cum, mings's clock strike twelve after this, and after he had gone half a mile j was kept at work rather later than usual, as he was at Louden that day by having a load of ashes be was bringing with him, and which he lett opposite to Tuck's house, and took his horses home ; mentioned next morning to Harvey and Sey mOur•what he had seen at Tuck's, in consequence of Iris learning thete that a poor man was found drowned lie the .tell; heard of the old man being drowned first from Tuck's hostler, who came to his master's for warm ; is sure he passed Tuck's house at ten in , foaling from London. Cross-examined by Mr. Ar.ciev.—Left London at !six o'clock, and the distance he had to go was twelve I miles. Tuck's house is about two furlongs from his master's premises. Had three horses with him, , which be might take two hours to put up and dress. is positive to ten o'clock 'being the hour when s he passed Tuck's house homewards; told the Justices all he had said here, on , the Monday week following,, but did not say be had any person with him when pessiag Tuck's house at twelve, as in fact his two friends were in the house. Remembers getting a beating from one of the boxers for his insolence. at Tuck's house, on the Monday nreceding Draper's death, when he admits having called out, 4 , t want a pot of ale and a prize-fighting boser," He was then• rather fuddled, and he WAS knocked down for his conduct, but got no beer oe ale, Solemnly declareV he has not the smallest ill-will oe malice to the priso ner on this account, as he never had a word with hint ()tithe subject. Really thinks Mr. Tuck to be , no object of his ill-will for any thing which a bruiser I -might have done. ' Richard Langdaoe said he is bailiff to the parish den dittinctly remember Johnson, the last witness, comiog home about a quarter before nine on the Bth of August. Has no reason for being particular as to the time. but thinks that after this he might be an hour and a half in feeding, dressing, 'cc. his horses: its certain he gavehiat tome beer that sight, ns he divided seven quarts among seireral of the men; of whoa) Johusai tlaa Or" but be does not know whether Johnson actual', drank the beer or not. Crass-examined.—'l'hebeer was given out between • nine and ten at night. 'Johnson did oot say when he left London, but is quite sure' he wee home before nine, as he saw him just at dusk. • Samuel Lickett, a -fellow-servant of Johnson's, declared that on the day Johnson was at London, he (witnets) was very much. employed and- very long, kidatinging home hay. Does not know the exact time Johnson came home, aad did not set bins in the stable while the beer was 'cried out, or while it was drinking, which was about half as hour. Saw hios .soon after in the stable, and waited for him .till he shad finished dressing his horses. About IS o'clock (at least the watchman said he was going td cry that hour), they. via. he, Johnson. and the boy, pro ceeded towards the Stag, that being theway to lobo SO W ' S lodgings, and be (witneu) as he we; going to London next day, wishing to have some chew, broad. and porter on the evening before he went.-- Witness wss first in the compaay on the road, and ll* 'multi). boy- (Austen) went into the Stag while Johnson went to Cock Foster's. Demanded some beer front Mrs. Tuck and soma breed and chatee. elikkis *be refused to give. saying it Wei not proper • but she bellowed to a boy to go too his waster ask if might give it. The.boy wen; out of a No& door and soon retantedesaying his master left ilea to do as sbe liked. • AeasedieglY 'kg- get that beer sad broad and Am* L ase taptoews there were a boy, -a girl iiivagiag so the bone ; •dse old -I `ek . . . . . 'efniallialaktik lb% ABBLlffliii.i.iii4 , lin VI stailaPialilt* et-Ileilisnee'bet tivettfds . rei Mt irtiti; racy soltly on the eget:mitt of cirtit the siatthhiad gave hiM. Dori not kenibmber JebSison tatting a single drop of theheet, but he trill 011 t *Wear that Johnson WA'S nut in the stable, thoilgh he does not thirst he Saw hies. It teas moonlight before withrsi left over work, end it intiSt therefore haste been at least balf-past riibe . . When Johnson left hint 14 (aithess) WAS near the Stag pnblie haste, and he de; elaies on his oath he saw nothing, and heard hdthlit Mote - than he has now told. He saw hot one person collie out of the trusit door. Johnson's hack was to the Fosse in his going to Cock Foster, but he could easily see who came mit of the house by looking round, if he chose, and he could be et DO great distance td OfeIICIA him hearing the words of any person coming out of the house , and'ialking any way audibly. (wit. tress here gave 2 distinct account of the pArticillai sisuarido of•the house, and the two roads. vii. the one he and his friend took to the Stag, and the nthei 1 Which Johnson took; He gave this accauat fines a . map of the house and its position being skean him.) Johnson's account of its being .4 clear moonlight night was . accurate. Johnson did not tell witness sett racketing one word of what he saw about the four men Bushing obt of the house. William Austen-, ayoung bray, examined by Mrs WALPORD—Was in company with the two last wit: 'seises on die night of the alledged murder. His direct evidence corrnborated - their i s. Cross-examined by Mr. DawuNa—ntild not sal at what hour they lift Mr. Parish. They had some* beer in the stable, but did not know positively whether Johnsba drank any or not. . Joseph Ilarrey examined by Mr. Antinewv.i.l: * carpenter; saw brayer at the St ig on the 6th of August, saw him - wrestle with a haymaker, but did not think he received a butt ; did not see hurl pro duce any money; saw Johnsga lay a load opposite the Stag, et half past nine; met him next morning after he . (witness) heard of the murder, and asked Johnson whether he had heard of it ? Johnson said he guessed the man was drowned. He then told wits , nest the circumstance venich he before detailed in his ' -evidence, of having •ohserved the men on the pre. ceding night. He (Johnson) did not tell who the 4WD he saw were; Johnson also said that he had heard a noise and sealing in the yard Of the Stag, ind a man say these words, "he ie gone round this way and we will follow him."—Witness did not ask who these men were. Cross-examined by Mr. Autv—Johntrut never told him that Mr. Tuck was one of the Men he saw or heard, Thomas Hilliard, examinesi by Mr. WALTORD.— Was in August last a watchman to Mr. Parish. Re members Brickett, Austen, and. Johnson going front 04r. Parish's on the night Mr. Draper was drowned. It was about or sear twelve o'clock. He had called balf.past eleven. Cross-examined by Mr. Dowt,two.—He could not swear positively whether it was halt-past eleven; John son did not tell Isim next day of what he had seen. To a question from the COUUT, witness replied that he could not say whether he saw Johnson next day. Mary Holborn examined by Mr. Aenazws.....Was a servant to the prisoner; had lived with him be. tweet% three and Imir months, knew Mr. Draper, saw him at the Stag on the Bth of August, he came ahaet nine o'clock, in company with another titan. Did not see braper make use of any bank-notes, or give any to her master. Did not see her master wait on him. Witness went to bed at half-past tenor eleven, as she could guess. At that time Mr. braper'wes in the house with Mr. Walpole, Mr. Flower, -Mr. Peat, and •Mr. Holmes; they were in the parlour; she did not go in there after. Her mistress is gene. rally last up, Some of the lodgers who slept in the house had got their candles to go to bed. Chinch bad got his candle. Mr. Crouch also slept in the ' house. Her master was, she believed, in the par. lour with the company when she went to Led, She was not disturbed after she went to bed that night. Her master's room was near her's ; did not hear him go to bed that night; did not hear Mr: Dra per wrangling on that night with any body. The house is shut tip sometimes at ten, and sometimee. at eleven, according to the company. Never had MO Draper before that night. She did not perceive that he had got any bruise or injury. Witness got up aext morning at a quarter before Ave $ her master called her. • He had been used to call her is the morning. Her master said nothing to her when ;he came -down. She went to the well about seven o'clock. It was in the same state at On the day before, •only that a piece of wood which WOO across it was broken in two or thtee pieces. That meat have been done since she saw the well the day before. The part she saw broken was part of the fence round the well, and tot the top or ;over of it. The top was in the same state as the -day before . The well was laege enough for a man to fall into it by accident. When she went to the well, she saw the water look very thick, and sbe dipped the pail down. She saw the deceased with -his hat On $ saw a part of his face:— She immediatdy went to ber master, aad said to s l i m . 4 1 Good Gracious, master, there is a man in the well!" Hee master was alone. He went and tooted, acrd said, 0 good Heavens I Lsuppose it is the poor oid ostler." He seemed much alarmed. She did oat return with him to the well. • , 'fo a question from the Cotner, witness said she only saw part of the head .anal - face, the Sillt of tte body WS2 covered with water. ft appeared as if standing and leaniag against the- side of the weft ; her master eanse•back from the well, and said to Ro binson the black, -" Robinson,. there's that poor old ostler in the well." . Tire body. when taken out, was •pet into die bathhouse. Heard her muter say, that he and ssime when- trek out the body. The clothes were onthe'llody , when she saw it, Did riot hear ber•usastersty how the deceased came by his death. She only heastd him say, that be was so shocked he could not eat his breakfast. 'Witness still lives with Mrs. Tuck.. • Cross-mambas! by Sfr:Att.evo—Her matter alai. 'peered quite shocked when he discovered Mr. Draper. The well sem in , such a way that a man might fall it. by =idiot. the ground was almost level near ie.,- There was a small rim sear it, but nostone stains Which a lean might atonable, She was is; the habit 'of oinsio the well cies., morniog. Her Illialen ;illy the ca m of the money, and her master Ite set it front het when he wanted k for doe &rm. wins* , oaf Odokeiti lid d* boy Avoriss. . . •