Star. — London, England, 1813-09-18 00:00:00

neoind on inspection, no doubt . was entertainer t the deceased 11;4 me t his death by wounds in-' 'cued with some heavy instrument. There were and tear the pond a hat and a shoe, and some time fterwards a pocket-knife , with a black handle, the; lade e blunted at the point. To the attention of thel ury he particularly recommended this last mentioned* strument. The hat bore the marks of having beet& lolently struck, as it was cut in . two or three places, d those cuts were distinguished by,marks of whiting r lime, as i t the instrument with which. the blows, bad- been gfßit had been covered with some such material.. The body, and the things which -were Found near it, were removed to the Prince Regent public-house, in Gray's-inn-lane, for the purpose of being owned. Having now stated the discovery of e body of the deceased, before he proceeded to re ate any of the cirournstances which went to involve elite of the prisoner at the bar, he begged to state nature of th e intercourse which had existed be ween the parties. He did understand th at the wife of the prisoner and Mrs Clifford, alias Mrs. Burke, or such was her real Ilan*, as it wculd hereafter ap. ! le pear, mere acquainted. IYhen Clifford came from Ireland, he.solsi some little property, of which he was poisessed in that country, and brought the produce of it in Bank of England notes to Londcn. Of which fact it would be proved the prisoner had obtained ia fbrmation. After having lodged for. a short time, as he had already stated, in Leary's room, the de -1 ceased, with his family, removed to their new apart ment, and all intercourse between them and Leary had ceased for about a month. On Saturday, the 24th of July, however, Leary called at the lodgings of Clifford, and said he should be enabled to pro cure work for him on the Monday following; CH ' ford was not then 4 home ; but when he did come in, Mrs. Burke acquainted him with Leary's call.— The nett morning (Sunday) Clifford arose early, and left his wife asleep. She awoke about seven o'clock and missed him, and supposing from what she had told him on the night before, that he had gone to Leary's, she begged of a man named Slattery, who t lodged in the same room with her and her family, to go with her and shew her the way to the house in which they lived. He did so, and they went to Leary's. She saw Leary and 'his wife, and asked k where her husband was? They said he would be in Immediately, and he did so come in. She asked him •to go home, and he said he would after he had bought 411 hat. She then accompanied him to a Jew's of the same of Hyam B irnett, where he purchased a hat. He (Mr. Andrews) believed he should be able to prove that Leary was present when the hat was bought ; but he should certainly' make it clear, that Leary had that morning asked Mrs. Burke. whether she or her husband carried the money ? Mrs. Burke, her hus band, and Slattery, after this returned home, and re mained al home till five o'clock in the afternoon, at which hour they dined. While at dinner Leary and his wife palled upon them, and partook of some re freshment. It was proposed to send for some liquor, and Leary proposed that the quantity should be in creased, and it was so. There was in the room at this time a witness, whom he should call, of the name of Champion, a distant relation of Mrs. Burke's. be side Slattery. At seven o'clock the deceased seemed desirous of ..zalking nut, and he went out with Leary and his wife. Mrs. Burke excused herself from ac companying them, and Mrs. Champion and Slattery shortly afterwards went away together, leaving Mrs; Burke alone. As Clifford did not return, Mrs. Burke, knowing that he had drank freely, became uneasy - , and she went to the lodgings of Leary to look for him. On arriving there she found Leary and his. wife whispering on the stairs, and on asking where was Clifford ? they said •up stairs. She begged he might be called, and he came down to her. She begged he would accompany her home; which he agreed to do. At thin time he was very tipsey. As they went away, Leary thought proper to follow them; and here (ofilerved Mr. Andrews) was the commencement of that conduct which went directly to prove the motives by which Leary was actuated 111 his previous conduct. As they went along, Leary said he would provide winrk. for Clifford by Monday, and added, it was necessary he should go to his mas ter that night. After this declaration, it would be proved that he took the deceased into different public houses, where he invited him to drink, and paid for the liquor which the unfortunate man drank, but did not drink hintsr#: Leary and Clifford then proceeded at so quick a pace, , that Mrs. Burke, who was in an advanced state of pregnancy, could not keep pace with them, and they lett her near the end of Gray's Inn-lane. After this she pursued her course towards her own house, imagining that Leary had taken ker husband to his master's, as he had said he would' , She arrived at home about ten o'clock, but.elid not find that either Leary or Clifford had been there.— She. looked up at the window, and seeing no candle she procured one at a chandler's shop opposite, and entered her room. She found Slattery in bed, and her five children. She asked the children if their father had been at home, and they answered in the ofrative. Sne sat herself down on the side tif the bed until past eleven, when she became uneasy that her husband did not return. She smoked a pipe, a custom very common in Ireland, and then went to bed. She could obtain no rest, and at three o'clock, finding her husband did not come back, she resolved to get up and go to Leary's, in search off him, On her arrival at theiriodgings, she found what would strike any person as very extraordinary. The key of Leary!: roonr-dOor was on the outside, and the door IkOs rocked.. She, however; unlocked it, and asked ft Leary was at home ? Mrs. Leary, who was at bottle, answered in the negative, and said he was gone out to work. Mrs. Burke then proceeded back to her own lodgings, in her way searching some public-houses in Sc. Gilees, but still unable to find the object of her search. All this he (Mr. Andrews) bad collected from this unhappy woman's own srate. karst ; 'and she would also state most positively, that from the' time she hod pasted with Leary and Clif ford on the Sunday evening, at ten o'clock, she did not: see him until she saw him a corpse. Leary hay log told - her that her husband intended to go to Ire land; and leave her, she began to fear that this threat tad' been carried into efecution ; and it would fit fonnd that on the Monday morning previous to the discovery of the minder, she liras consulting with :Mrs . Chanipion, her relation; - ate to-the best mode oi following him thither ; and was goin g out with the. intention of ruin a pass for purpose s when . . • • 1 Mrs. Singlehati, her landlady, who had hem! °MIL fctrd - 1 's dea th , prevented ter fronsao doing, anct s einsetly ,:terwards the dreadful event wateitnade known to her. It (continned Mr.,Andreivs) Mrs. Clifford, tomboy examination , the attention of the Court would be ticularly directed, spoke the truth, there could be no doubt that she.. had _left hie husband last in the' company of Leary, when she,saw hint pp.* , skip before the murder, and. it wrhuld be equally certatty that the Prisoner had made partially inquiriesof her sto whether she - or. Clifford kept put money, which halted ascertained they had, His motives for so ,doing .it would be for the Jusy todetetmine. That Mrs, Clifford was 'a witness. to whom implicit, credit could be given, he would not state, because she had', concealed the truth in one or two instances. 111, one she had asserted she was the wife of the deceased,. and in the other she had stated she had no money in her possession, when it would be proved that she had-, a private purse, unknown to Clifford; and was - not his wife. Having stated, these blemishes in Mrs. Burke's conduct, he could not give her character the highest name ; yet, he contended, that these facts did not go to impeach her testimony on other heads, 'the more especially when the whole tenour of the Pri soner's conduct was observed, both before and after the murder. His invitation to a. man, already ad vanced in intoxication a to drink more; his abstaining himself from drinking; his invitation to a Irwin man to go of a Sonday evening to seek employments and' ' his anxiety to know whether that drunken man had money in his possession or not, were all highly sus l picious circumstances. Added to this was the fact of his having confessed he knew the errand of the of. ficers who went to apprehend him, although they' had not stated to him what that errand was. When they asked for his master, Mr. Helstone, he said they did not come for his master, but for hint, on account of the murder of Clifford. Was this the conduct of an innocent man ? did this evince the pos session of a mind perfectly at ease ? Then again came the discovery of the knife found at the edge of the pond, near the body of the deceased. This knife, it would be proved, was the property of the prisoner, and was acknowledged by him so to be. To all' which might be added, the • voluntary confessions made by the prisoner before the Magistrat-. In the first of these, he declared, " that on the Sunday night preceding the murder, as he was cording out of the Union public-house with Clifford and his wife, he met Slattery and anotheranan, who went with Clif ford ; he then returned home, and on his way met Mrs. Clifford, 'but did not speak to her; he was at home at ten o'clock ; he remained at home till half past five the next morning." On this he (Mr. An.- drews) would beg to make an observation : he would ask, why be passed Mrs. Clifford, with whom he was so intimate, knowing' her anxiety about her hus band, without speaking to her ? But even if this , were true, how came he to make a statement totally different at another time ? Fortunately for the ends of justice, he did make such a statement, by which, if possible, he rendered his crime more atrocious, by endeavouring to stigmatize the unfortunate widow or companion of the deceased with the foul deed of which he was himself accused. It the original con-' confession were true, it was the best defence he could make, and afforded him the fullest opportunity of vindicating his character. He did not, however, choose to abide by that fabrication, but had recourse to a new one, and made a second voluntary confes sion, which was to the following effect :••• 4 4 On the Sunday morning," he said, " Clifford, the deceased,' came to his room, and said he wanted to get away from his wife (Mrs. Burke) that night. He lay down on some chairs, and he (Leary) covered him with some blankets. Between . eight and nine o'clock Mrs. Clifford came and asked if her husband was there ? He (Leary) said he was just gone out. but 'wool•! be in in a minute."—Here, certainly, observed Mr. Andrews, the tale of Mrs. Clifford 'and Leary's agreed.—" Clifford did return, when he and his wife quarrelled. She accused him of intending to go to Ireland and leave her. To pacify her, he offered / her a handkerchief in exchange for his great coat. , She was extremely angry, and refused to give it to him. He (Clifford) then attempted to throw him -1 self out of the window, but was_ prevented by him (Leary) and Mss.-Clifford. Mrs. Clifford said she would follow him to Ireland, and asked Leary and his wife to come to her lodgings in the afternoon' to buy their furniture. They did accordingly go, be. tween six and seven o'clock. Slattery was there, but, nothing was said about the furniture, deceased and his wile appearing to be good friends." It was rather extraordinary, remarked Mr. Andrew., if they went for the purpose of purchasing the furniture. that they said not one word about it. The confession then went on to 'state, 44 that Leary and his wife talked of going home. They had previously been drinking. Clifford went down stairs with them, and as they were going home (to Leary's lodgings) they met a man named Harrington, at Griffiths's public. house."—Did he meet Harrington ? said Mr. An-, drews—if he did, that fact was capable of prof."-- " Clifford then went home with Leary, and had something to eat. Here he was found by Mrs. Clif ford, who quarrelled with him, and they went out together; Leary went with them. They went to the Union public house; in Union-court, and from thence to another public house."—And now, conti nued Mr. Andrews, came a most important circum stance to the unhappy man at the bar, inasmuch as it was an attempt on his part to throw the %talc off himself on the unhappy woman who survived. His confession proceeded to state, 44 that as they were drinking some beer in the latter public house, he felt a stick in her bosom. Of this he took no notice.”— Was it an unusual thing, asked Mr. Andrews, to , find a stick in such a place, at such a time—if it was, why did not the prisoner take notice of it ? He would go on with the confession, hdwevere." They (meaning the deceased, Leary, and Mrs. Clifford) set out towards Gray's Inn-line e Mrs: Clifford com plained of being ill, and said she did not wish to go against the pct,ple (being in a state of pregnancy ), and to avoid the crowd, asked them to go home across the iquares." Was this probable ? them. Clifford was I K stranger iii town, and knew not scarce where she was. It was not likely, therefore, that she should make a proposition which her ignorance of the town rtmdered impossible.—" At that time the watchman was crying ten."—Was this consistent with the priso .:ner's first contes‘ion ? In that, he said he was home At ten o'clock.—" He (I. 4 eary) wanted to leave them at tine tend at - Gray's Inu-lane ; but Mrs. Clifford beg- , . • • . .. • _ tiles sake, that he would not. saying,' if i‘NO ill, her lussbapd knew •nothi, and could itutaltiChap no assistance: He (Leary) id consequence [ , t with them. They went to-the end - of Gray's Itin e, and turned into shriek - field , where Clifford and a his wife began to quarrel. She asked liim if he _synetnd to go aolveland that.night ? Sbe then slipped ,ss i kateanier ftati ',oder bee gloak, - and struck him /Clifford) on the bead, 10Melted hiM down, and re peated her bloWs, after which she *walked away-- Slattery was present; bad on Clifford's coat ; he helped to drag the body by the legi.iroo the pond,. where it was fiwind ; Mrs. Clifford afterviards 'put the hammer in Leafs rocirn."—Here 'theti ended this extraordinary narration, in which the prisoner admit ! ted that he felt a hammer in the bosom of Mrs. Clif-, ford previous to the murder—sees her draw forth' the instrument of death, an d inflict the dendliO wound, and yet never attenlile,.d to _ in*ltre— T -1 , Could any thing be pore prepo sterous - could atiyl thing sound less like the defence of a . than who was innocent of the crime imputed to him ? And if it, could, how was it to be reconciled with die statement which he at first made ? Was not eveiy particle of his recital totally at variance with the statement of Mrs. Clifford ? How was *ate circurcistaike of the key found on the outside if the prisoner's dOOr to be. accounted for—and in what manner were all the other contradictory statements to be elucidated ? A hammer was found is die - peisonees idoiri; . hidden . under some coals, wbie* was marked with lime or whiting. This Mr. Helstone, 'tl+, prisonies'inasfei„ , would prove to have bca_ in his are and cu4odi i: and yet he would insinuate, that it bad-been put int o his room by Mrs. Clifford, after the murder was per petrated. The Learned Counsel, after some further comments on the conflicting stories of the prisoner, proceeded to state, that Mrs. Clifford would be con firmed in her evidence by Mrs.. Singleton, her land lady, and Mrs. Champion. With respect to Slattery, of whom the Court had beard—he did not intend to call him, although be did not wish to'deprive the prisoner of the benefit of his testimony, if he thought proper to call him, and had him in Court for that purpose; but this man had, either wilfuily or other wise, se grossly prevai itated in the stories he had already told, that he did rot think any thing he r could say was deserving of credence. To those he had already mentioned, would be added persona who would prove the acknowledgment on the partbf the prisoner, that the .knife found by the side of the pond was his property, and the testimony of a Mr. M'Car thy, with whom the prisoner had some conversation after he was in confinement, and to whom he did not deny his guilt, although he expressed a wish to prove i that he was at home on the night of the Murder.— I Then come the facts of some marks ' of blood having I been found on the prisoner's coat, which he said had i spirted from the wounds of the deceased. A pair of j breeches, too, which-it wculd be proved were worn I by the prisoner on the day of the murder, would, also be produced, which also bore marks of blood, which, .rt was evident, an attempt had been made with the use of lime-water to eradicate. If the blood, as the prisoner had stated, had spirted from the' wounds of the decrased, and had fallen on his coat it was equally probable that it inight.have on fallen on pis breeches, and csequer.tly there was 'lto trecessitY, for the attempt which he had made at concealmen t, hence might he deduced a new proof of his guilt. Mr. A ti DREWs concluded his opening, by eshortin the Jury patiently to weigh all the lasts which would I be submitted to their judgment, and to come to such; a conclusion, as from an impartial view of the whole, they mi&ht deem just. Mr. WALYORD then proceeded - to call witnesses in support of the indictment.' William Broaghton examined. He deposed that he is a brickmaker. On the mor ning of the 26th of July he .happened to be near Mr. Adams's brickfield. • Therj.4a pond in that field.— In consequence of some aibetnatiOn which he re ceived, he went to that pond. He saw something is the water, which praied to be the body of a man.—. He also saw a shoe and a.hae by the side of the pond; found some great cuts on the side of the head of the body. He took it to the Prince Regent public house. Cross•examined by Mr. 4voL 11111 S) on the part of the Prisoner. Q: At what time was this ?—A. At about a quar ter before five. Rotert Shutitenvorth examined. He went to the pond alluded to by last witness.— Saw the boily--examined the pockets--found only threehalf pence ; one of the ',cam was turned inside out. He saw the hat—it was broken as if by,blows. Looked at the ground near the pond—saw three holes, as if struck with a hammer. Near this spot saw upon a plaintain leaf some brains lying. He gave these brains to Daniel Brewer, who took them to the Prince Regent public house, where the hat and shoe were also taken. Croir.examined zi Mr. iincLiflVS. Q. Them were a great nuMbes of persons there at that time, who would of course go away impressed with what they had seen ?—A. Yes. Daniel Brewer examined. Is ;.• bricklayer. He likewise went to the spot de scribed. Saw the deceased just after he was taken obt of the water. Saw blood and brains near the pond. Took a little of the brains, and laid it down at the Prince RegZnt public house, by the head of the deceased. Phinit Price examined. Is the landlord of the Prince Regent public house. A knife was given to him by a young man named Law. It was a black handled knife, and broken .t the point. Nothing else WAS brought to him but some brains, and a hat and shoe, the latter tie handed to Cook, the officer. John' Law examined. Is a bricklayer. lie, like the other witnesses, was on the spot where the murder was corumitted between six and seven o'clock is the morning ot Monday.— He foluid:a knife near the edge of the pond, which he took to.thariace Regent public house, and gave it to the laiidlord. • 'Nook, the officer, here produced the hat. At the got it from Mr. Price there were some •cuts upon it, with some blood. There were breaks upon it, which seemed to have been given with a hammer. They were distinguished by some marks of whiting or lime." John Higginbottom also produced the knife which was alluded to by a former witness. • H lf r arg nam ß e Nt sl i te e' b ia a r lilir d was its i. y C l A urk fri e ' L en sl imil le emeo.h4abi atel with a person named Edward Clifford (the de reeased); was in London, five weeks before the mur der—brought some money from Ireland, which she tot by-selling a little plate—Clifford got his money l _work—she had X 7 of her own—he had six one pound notes, a £5 note, two guineas in gold, and six teen shillings in silver. This was immediately pre- . cedlA the murder. Clifford had previously given het two pound notes. When she gat out of the wag. toss after she had arrived in London, she was seen by lifts. Leary, who asked her if she had come front • • Ireland ? She answered in the affirmative,' and ad ded that she was in great distress, and asked where ibecould get a lodging ? Mrs. Leary said, es she was insech.distiess i. she would take hes into her owo Cmus, and she took her to her lodging , where she. lifford, and bar five children, slept four nights.-4 Ahe paid half-a-crown a night for her krdgirg. ford was not her husband, but behaveal to ber as such —met Slattery, with whoM she W.iS acquainted in ''lrel,aed—teld him the high' price she paid for her' lodging—he advised that she sbeeld take itfiei lodg ings, .and premised to go live with her—kidgings were accordingly taken in Church-lane, St. Giles's. Leary did not call at her ltidgings till the Saturday . before the murder. Mrs. Leary knew witness had • mom ;--Leary did' not know' that- Clifford had money, wail she tolthiti on the Sunday before the murder.- He came. to her lodgings on the sa. turday, and told her he • tirObld get' work fir her husband on Monday. Witness told Clifford of this, and the next morning at seven o'clock, when she awoke, she found that Clifford was gone out, . and supposing he had gone to Leary's, site got Slattety to sheer her the way there. This was alter seven. When she got there, no one but Mrs. Leary was at home. While she was there Leary came in.— She.asked where was Clifford ? and he said, "he will be here in a few minutes." He did so come, and wit ness asked, would he go home ? and he told her as soon as he had bought a hat he would. He went out and bought a hat ; she went with him. He bought a second-hand hat ; that produced was the hat which they bought. The band on it was got by her little girl ; Clifford paid 4s. for it; he changed a pound note. Witnesi saw at this time in Clifford's posses sion, six one-pound and one five-pound note, and two guineas. One of the notes he changed. Leary was not at the hatter's with thetn. After buying the hat, they returned to Leary's room for Slattery. On go. ing back, Leary said, " Clifford, recollect I have tovited you to dine here to-day." The deceased said, he would oat go. Leary asked witness privately— " Do you know that this man (meaning Clifford)• is going home to Ireland tonight?" She answered, " No, I never heard any thing about it." He added. lb Don't for your life tell .that I told you." Leary further said—" he is to go." Witness asked Clifford, in Leary's room, if it was true ? He said "No ;" I and asked who told her of it ? She would not tell— She took it into her mind that he was going, and she said, " not give you your riding-eoat."" Do," said be, and good-naturedly added, " and give you my silk handkerchief as a token." Nothing morw passed, and they went home to breakfast. Jaeg e r iirz an the sworn during this conversation, but She do not say he heard it all. There. was not one Word of quarrelling at time. Clifford was in and, (tut at their lodgings until they had their dinner, -be ween four and five in the afternoon. She was em . `Toyed Aim getting upsome furniture, and that kept - them so late. Slattery was there at this time:. When :rust &tie dinner, Leary and his wife got - to their house; did not expect them ; never told Leary any thing about buying their furniture—but Leary's wife once said, if she was uneasy about her furniture, she (Mis. Leary) would buy it. Witness could not eat • her dinner, for Mrs. Leary was quite drunk; Leary . was sober ; - neither of them said what they came for; she could not say whether her husband eat heartilr or not. Witness was sending out for beer for her own dinner, and Leary said, " Make it a gallon, and 1 will pay for half of it." The beer was sent for, and drank it among them. Mrs. Champion cdinein as Leary and his wife bad got up to go. Mrs. Cham pion is a relation of witness's. Leary called Clifford out of the room, when he was going, and Clifford went out with him. • 'Witness did not hear what they said together. After Leary and his wife, and Cif ford, bed gone, Mrs. Champion ailed witness to go and see her son. She made answer she would not ; and she remained at home until past seight;aelren she went out to look for Clifford. She went up to the corner of Church-lane, but did not find him. She went back, and told her children she could not find him, and then she set off to Leary's room ; when she got there, saw Leary and his ode standing at their own sneet.door. This was after nine o'clock. It was day-light. She asked if Clifford was there ? and Mrs. Leary answered, he was up in the room. Asked who was along with him ? Mrs. Leary answered, "No one ;" but added, "he is quite tipsy." Didn't go up, but sent Mrs. L. to fete hieweed she west am/ brought him down. He was tipsy, as she had been told. She asked him to go home, and he said he would, and they set nut towards her lodgings. Leary followed them. He did not say before, that he should go home with them. He came up and spoke to the witness, and said, that Clifford was to gee. work againt Monday morning. Leary proposed that they ,should go into a • public-house at the corner of The coui t. Witness spoke against it. Leary said he should only take one glass. They went in, Clifford I took one glass of gin ; witness or Leary took none. Leary paid for the gin. After they came out, Leary went into another public-house to have some beer; witness, Leary, and Clifford partook. Witness, to prevent Clifford drawing out his money, paid for the beer herself. Did not sit down in this house ; they (Leary and Clifford) did. Had nothing hard in her breast at that time. Had no hammer in her bosom. After the beer was drank, they all came out together. She asked Clifford to go home. Leary said, " You seem to be uneasy; my hand and word to you, I'll have this man in work on Monday morning !" They (Cid lord and Leary) were then going on quick, and she begged Clifford to wait fur her. Leary said, " I ant going to take this man to my master's hotoe, to bettlo %ith him against the morning." Witness said, "It is a late hour to go to a Gentleman's house, and espe daily on Sunday night ;" believed it was about ten o'clock. Leary then said, " Take your tune, a ira• easy, don't distress yourself, and we'll be up in your room taking a gallon of beer." She said no nixie,