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

7 1 F . . . 4 4' •' .. • . • • . . . :(_-.- —•S . hot 360 . sna then left ter to go t "ttp o , , ', A rds St., Giles's', They led the wAy. Before they pitted with her, she never asked loam to go a diffe. rent way to that they were going. Is quite a ;stranger in London. Went straight home. Saw no lie it in her room. Got a candle in a chandler's shop, and lighted i t . The man who kept the shop .IVAS M'Claren.— Found Slattery and her children at home in bed, but n either Clifford nor Leary.; while she was lighting her p;pe it struck twelve o'clock. She Sat until she smoked her pipe, and then went to bed. She could not rest. She t eot up at two o'clock, being quite tm easy. She sat in the window. unhappy at Clifford's -art coming home, and fearful that he wits, according .0 what she had been told, toile to Irdand. Between Ihtee and four o'clock , sh e went, half 'dressed, to T.eaiv's lodgings. When she came theie, she found the street-door open ; went up to Leary's room. The !sey was outside,_ and she unlocked the door. She never noticed the key in a similar situation before. ,When she went into the ;vim, Mrs. Leary asked if that was Jim ? (the prisoner's name) ; she replied, it No ;it is I." Mrs. Lea** was in bed.. Witness .asked where her husband *as ? and some eonversa-. 'Con took place. • • Mr. ADOLPHUS objected to this conversation helng, repented. as the Prisoner was not present. • M. Aenerirs said, he. had no wish to press it, if the Cpurt thotight it was impropett The Court did not think it improper/. *lds* exaz mination was continued: , . . . •• She did not put any thing out of her hand into the room : she sat on the itlits a while, and then Went to Xi's: Charhpion's in Drury-lane ; found her at home-.told her whathad passed, and the cause of her distreii. Mrs. Champion went td witness's brothel., and.told him what had happened. She afterwards went to witness's, lodgings. This was between eight and nine. Had not heard at this time what had hap pened to ClOrad. Mrs. Singleton and some other women told her of.the accident which had happened. Tiaving imagined that Clifford had gone to Ireland, her brother tai,l he - would interfere to get her a pais. When she heard. of what had befallen Clifford, she went out with Mrs. Chainpion, and a good many more; to see the body. She saw;t at the Prince Re gent public-house. It was Clifford's—she knew it im eiediately. From the time of Leary and Clifford's parting with her in•Holborn she never saw Clifford fa she saw the corpse. Leary had asked her on - the Sunday etinning. when he came to her room with his wife, whether it was Clifford or she that had the Mo ney ? She answered she had .a little trifle of her own; and that he had his own. She tried to carry her money abaut her, and had it with her when she saw the body'. She used to keep it in the waistband of her petticoat,' , but ripped it out to give the men something to drink who had carried Clifford's body. In consequence; it was found at a subsequent period by her children, on the; floor. She give it to a Mr. Lawrence for safety, since the murder • she had been delivered of it child in Ake House of &section since the murder. ' 6iit-ei;a4iittiii b . i Mfr. ADOLPHUS. . • . ; wallow. Leary or his wife Sefore her terival sr, it ..testy. did tint call at he r lod g i n g s for f• g do fol With after she left his room. She had not told Leary . Wu her husband had money on the fi rs t S atur dai.m.ght Wite.nbe called on her, to s ak about get. tin .her hifspanct work. ;After she ad been with *.tart' foar days she met Slatter y--s e had known Itithen, as he eime froth the same heights( iirbood with t,: 'tins never communicatbd to him that her hus band hid money. Was in London before when she strass si' ... ' ili .. ild : liired then in Parket'sAane, with her *I near Drury-line and .Holborn. Did not irlong she was in London . Cohld not tell h dge was.. She is now SI, years of - age. Lived •• - . a yta4 ottwo with her brother in PaAtees-lane. Did . not, alihTiugh Are s'o flied in London , know „bete Helte.rn W'a3. She supposed 'she vigsable to run about isliso she seal before in Lendon. Slit tan of messages ftzi•liet lirbther. 'the properly she sold was a little house . "'and' inure Mid, near Cakir,' in the. connti of Tipperary I Sold. it'abOnt three months before She came - ,to England ;.:it prriduced WO: Paid debts. with paii pf it. •It was paid to her in ' Irish Bank not4;plift of which she changed for English Rink. notes in 'Cerk. — Neeer Said the' money that' 'Clifford had :vas part of the - piodUce of thr house. If she raid so, and did not think shellidi. : sit was not due. She alseqaltra.huise famine pounds ; of this money Clifford had nopart. :Had ' undergone some exami nations before. She told the Magistrate that Clit ford was not her husband. Had no words at any time with Clifford, but lived happily and comfortably with him. Clifford had frequent ly said he. would go back to Ireland. On the Sunday morning pre ceding the murder, Slattery bresdifasted with Fier.— He renaained in Leary's. room when she went with her husband to buy the bit. . She saw no hammer in Leary's - room. Slattery went home with her, and helped her to put up the beds ; partook of the beer in the- afttrndon with Leary. When she went home en Sunday night, she found Slattery in bed. Did nut know whether he was asleep or not, Her Ilttle gill spoke to her ; could not say whether she iptike to Slattery or not. ' When she got up, in agita tion, did not speak to him. After having been to Mrs. Champion, she went home. Slattery had - got up and was gone to work. She was sure he was in bed when she went out at four, for she saw his hat and coat. She did not give her money to Mr. Lawrence to keep till after the murder. This man keeps a chandler's shop opposite her lodgings. When she was first before the Magistrate, she was asked whether she had any money ? and she said she had a trifle.— §he was obli ge d t o a s k her way to Leary's on t h e Monday morning. . • - Re-examined by Mr. ANDREWS. When she was at home she spoke English, but not so well as now. She did not know her age, when she was in London before, %tad had no-recollection of the streets of London. She was too young when she was here before to remember. Charier Code, •Me of the Veers of Halton-Garden, examined. He stated, that in consequence of receiving intelli. gence of the murder of Clifford, he proceeded to the Prince Regent public:house. Having there bea r d that some. suspicion was attached to Leary, he went to his lodgings 'with Thistletun, a brother officer s While be was searching a box in Leary's room, This deton picked up a hammer, from under some coa l s , lust by the fire-place. They observed some cl ot h es la the MUD, but bad sit time to examine them. - _ • - . . . .• lat*brk, Windmill•streiti zrwy observed tii/O or three tam coining down from a shell ; ones of ttm wee the _prisoner ; he.had a hod nit 'his shoulder. Witness went up to him directly, and said, .. Where is your master?" He kimiediately observed, 4. It is not nil. *taller you want, k it ww." Thistleton said, it was him they wanted. They then apprehended him. He said, Let me speak to my master." Witness replied, Yes, certainly—*here lc he ?" The prisoner went to a place about twenty yards distant, where he was met by his master, to whom he observed -4g I an! going with these gentle men to Hatton-Garden." He then went along with them ; Thistleton laid hold of his arm; and witness walked after him. At the time that the hammer was found under the coals, it appeared to him that the cuts in the hat of the deceased had been made by an instrument of that kind. There was nothing parti cular on -the hammer. It was very rusty ; but he could not 'say whether it *is occasioned by blood or not. Crosvexamined by Mr. ADOLPHUS. He did not go to the publit house till half-past twelve o'clock, when he heard of the murder. It was the commoti talk in, every body's mouth. He found Leary at his ordinaty work, in the usual place, without any difficulty or impediment. He• was searched, but no bank-stoles or property wets folk* about him, except oni tightten-pennir piece. Thai , was no property fouria in his lodging r —he had gone to work at his usual time—the hammer was rusty— it was a shoemaker's hammer, and had Some white on it: William Thistleten, anodeer °jeer examined. In consequence of the murder of Clifford, be went to apprehend Leary, at a court in Windmill-'street, where he was at work on a .job. He had a hod on his shoulder ; and when asked for his Master, hi said "It ii not my master yod want, bet me.," Witness made •him no answer. The pnsoher said he. wohld speak to his master before he went.. He said to his master, " I am going with these two gentlemen to i Hatton-garden." Mr. Helkone, his employer, asked what was the Matter ? Witness said, but not in the _prisoner's hearing, that a Minder had been commit- Ted, and that Leafy could give sdme information about it. In crossing Criltspur-street, the prisoner saki, he :1 had heard of this poor man.'" Witneci asked, "In what reioect ?" The .prisotier answered, " that the man was killed." The news had gone abroad in the neighbourhood at this time; witness knew bf it at seven o'clock ; it was then ;sassed two. Witness asked the prisoner how he had heard of the murder ? His` answer was, " Never mind." He was in Isis working diess at the time: He.said no more to witness while he was in custody. He and Cooke, his brother office, asked the prisoner some questions, but as he did not seem willing to answer them, they pressed him no further. Neither of the hammers which they found wire used by bricklayer's labourers. One of them, which witness found in Leary's room, under some coals, was a shoemaker's hammer. It was be. fore Leary was taken into ctibtody that he searched his apartment, ail, in a corner, beside the fire-place, nnsitr i small quantity of mkt, the shoemaker's -henirper was discoeited. The o uter hammer was ibued iir Mrs. Clifford's apartment, in Fitzroy-market, about a week after the Murder; Witness recollected itt.Caetliy, . formerly a publica,n, coming to the office, while the prisoner was detained there. He understood tram Leary that hi wished to see M'Car. thy. When M'Carthy cane, lie piked hitn and the Prisoner in the strong rooth belonging to the Offict, having first told tseCarthy that he had no objection to his seeing the prisoner provided that they spoke in English, so that the witness might understand them. He then locked theth in the rontWand heard what joassed• betaren them. When M'Carthy first came in, Leary aid--..- 1, What do you think of this job of mine r , M'Carthy answered, " I think it is a very b d case—l think the evidence t•hich will be brought against yob this day will be sufficient to hang you :" and he urged• him a great deal, if he was guilty, to acknowkege it., for the purpose of clearing the rest of his'coutary nien Wu) were its custody. Leary said, " If he valid get a person to prove that he was at hoMe and in bed at tea o'clock on the night of the murder, it would be all right." M'Caithy immedi ately observed, 44 Suppose you could get e person to prove that, wi.ere were you froM the tithe you parted from Mrs. Cli ff ord until ten o' c lock ?" Leary said in reply, " ' 1 o answer that is where I am lost."— M'Carthy rejoined, " I think frothing twill get you through this business." Leary observed, " I must tell you, there is but one thing that.can save me—l can fix it upon some one else." M'Carthy filen said; If that's what you sent for me for, I will leave, yoti to your fats—you may be hanged like a dog, and not one of your countrymen shall come forward to give you a shitting." Witness then knocked at : the door, and asked, would they come out l—they : did so, and nothing more passed in his hearing.— ' fhis took place on the Thursday after the Prisoner : was apprehended, and subsequent to his first exa , minatien. Cron-examined by M. Amman.. The second hammer was found at Mrs. Clifford's lodging, it had a wooden handle and iron cheeks.— Witness could not say that if put into,the bosom of a woman's stays, it would look something like a busk. The other (meaning the shoemaker's hammer) could not, be supposed, be placed in that situation. It was not impossible that such a hammer,although not made for bricklayers, might be used by them, it would do for picking out mortar. At the titne of the prisoner's interview with M'Carthy, such circumstances had been laid before the Magistrates, its caused his deten tion. Mrs. Clifford had not kin then examined, but she was examined in the course of the day. She stated most of the circumstances which she had jost detailed in evidence. Witness was in the passage, close to the door, when the conversation with M'Carthy took place. He opened the door himself for M'Carthy, and put him in. Witnes s could not say positively that the prisoner did not - know what he had observed to M'Carthy, Its to :Freaking in English ; as he stated it at the door, he might have heard it, but witness shouldrather think he did . .net. The prisoner Con versed with M'Carthy without restraint; he saw the witness open the door—there was a grating in the door, through which ally person speaking in a com mon voice nfiglit be heard. -Witness was not present when the disclosure was made that Mrs. Burke was not married to Clifford ; neither was he present when she acknowledged that Lawrence bad money of per's ' S I/ 4 . •• • , J . 413 . 15 MS Sehlon. Riiiiiii tibia iof the NI Tie 4 * • WpoJ , was with witnea.wben the conversation tbOk place in the strong room. fie Wit near enough 'to hear it, btit he did not know that such was the fact.' Leary &mild not be aware that he was listened to. * Pima: lir Carthy.examined. • The witness said, he wash boot and shoe-maker, has known Leary almost since he was born.' The prisoner sent for him to the lock=up room, in'Hatton garden. He fully corroborated the important evi dence of Thisteltou. He told him he believed him" guilty, but,he said he was innocent of the miirdsr.-.....' He said that 50 persons had seen him go to his work, and among them a man .named Richard White.— Mr. M. asked him, why that man did not come and prove that ? " but suppose he did so. how could you prove you were in bed by ten o'clock ?"--" There's where'll am lost ; if I could prove that I should he free." Witness then said, he Should confess, and not allow two of his countrymen to be punished for his guilt ; and added, he had no means of getting over it : to which the prisoner replied, .P None, but one ; and that is, to Ax it on somebody else." Witness asked, "On whom?" He said,." I think when I sat in the Union Arms, with Mrs. Clifford, I felt in her right-hand pocket a hammer." Witness told him he was the man who had committed the murder, and that be should have no assistance from him (the witness). Crorprxennined.—Leary said; 66 I know I shall be hanged i but when 1 am hanged, I wish I may go to Hell if I know any more of the man's murder than you (the witness) do." Re-examined—The phrase Leary used was," I am lost there, unless somebody comes forward to prove that," namely, that he was in bed by 10 O'clock, Shuttlroorth proved, that the holes in the earth were likely to.have been made by one of the hammers belonging to Leary: J Beciett,Togrnity of Cold4athAlds Prison, ekamined. . Deposed, that Leary said," Faith, I'll tell you the truth." It was 'taken in writing, and has been al ready before our Readers ,in the form of his confes sion. In it he charged Mrs. Clifford with commit tag the murder, and that he was present; at the dis tance of three yards. Leary described the implement With which it was done, arid witness got it from Mr. i lielstone, the prisoner's master. Witness asked him about his knife, but lie denied, for taro days, having any knife. But, on the Wednesday, he confessed that he had a knife at home, with a black handle and a broken point. f/yam Barnett, examined. He swore, that Clifford came by himself to pur chase the hat, alid was then without a hat • he paid four shillings, and got change of a.itote. As he was receiving • the change, the woman came in. The wo man laid hold of the hat, and Clifford ran away from her. She had asked hitch to give her the change, but he refused. They had the appearance of having quarrelled. _ -' ' H. Singleton, examined. She deposed, that the Cliffords lodged with her; but gave no materlal evidence, 'except that Mrs. Clif. ford said in the mcfning, that she thought Clifford was gone to Ireland. Witness said she did not know that they quarrelled. Mary Burke, called Again, said Leary wore black hreeches, and that Clifford did not speak English. Mr. Ujiltas, a surgeon, deposed as to the wounds found upon Clifford being the cause of his death. William iirmarong, one of the keepers of the House of Correction, produced the different declarations of Leary, which were read. William Slattery swore, that he came to London be fcre the Cliffords; he knew Mrs. Clifford in Ireland, and me: her by accident in London; Clifford only spoke Irish ; they were not in the habit qf quarrel ling ; Clifford often said, that London did not agree with him and he would go home to Ireland. He never saw Leary after seven o'clock that evening, till he saw him at Hatton-Garden ; be went to bed. at half-past nine o'clock, and did not awake all night ; Mrs. Clifford did not speak to him. The Prisoner being now called upon to know, if he had any defence to offer, hehantled a paper into Court, which was read. It was very incoherently written, and without containing any justificatory matterd dwelt rather upon what the prisoner considered the, insufficiency of the testimony delivered, together with other topics quite irrelevant. He hoped to prove some parts of the evidence false, and if he did, he then hoped the Court and Jury would acquit him. It stated that he was in very low spirits, because he had , not had the same subsistence in prison, nor his usual exercise. He hod no friends and ho money. He was a native of tribe/id, and his father was a schoolmas ter: He himself knew how to write, and therefore he was always called Mr. Leary, in Ireland. He men tioned.that to shew that he was not entirely ignorant. He protested he did not kill the man, nor did he lend any assistance to its being done ; he never Lad any quarrel with him, never kaput with him, and what motive, therefore, had he to murder him ? It was not likely he should commit the horrid deed for money; sucji a thought never entered his head ; he had never been accustomed to covet other people's money ; he had always been honest, as his masters could prove. He was not a thief, and if he was convicted, it must be upon better testimony than was now before the Jury. He complained much of the newspapers ; they had inserted-things to his prejudice, and altered them from the truth ; what they called his confession was no such thing ; it was not a confession. On the night of the murder lie said he was tipsey ; Clifford was drunk ; so were both the women. He again com plained of the nes; spape rs ; t h e y h a d altered the facts, and said that the public examinations before the Ma gistrate proved Leary's guilt ; they did not do so ; he hoped these statements would have no influence uptet the Jury, who would decide upon the evidence before them ; his Lordship would tell them that was the only way to give a proper verdict in his case.— Many persons had been unjustly condemned ; Hollo way and H.,ggerty for instance The large hammiT 'was his master's property.; it had been left nut by the men, and lie being the oldest labourer, it was his place to see that it was not lost ; he could not put it into the shed under the door, he therefore took it home for safety. The other hammer could riot have been covered with coals, as was basely asserted bythe newspapers, for he had not coalirenough go-cover it. There was no blood on his coat, nor had.. iii. been' scoured. Cooke and Thisselton ,itatecL o matsly things about him which never took place. They were always telling him he would be banged, that he should - S • .0 • ) . . . . ltirinialit iod out, ike. AM* Irplieet that .slily - +visaed his life, and ;twos better he be hung thin live in such hovers. Mi•.'Aboi,eritss - then proce.d A to •call~ witnesses i concerning the character of the pr:son/r. . • Mr. H. Ward, a maser hrield iyer, was fita per (laced. The prisoner had been fifieen mitotic in his , service, previously to his livng with Mr. Hel -t' ne w and be .h id always coasidered him as a well disposed persou : nothing unruly nor violent in his lb s posn ion.. 1 Richard Barnsley, constable ot the S.ffron !ell .tis. trict. said he knew a great deal aliout the Irish in that' qu trier ; he was well acquainted with the prisco - ow Leary, and always comidered him as the gigs slietest v man he ever knew toirlin Irishman. ' .- Williams Dixie kept the ,One Tut public-hour pre Saffron-hill. The priiimer was frequently therl ; he had never disc•ivered any thing quarrelsome in: is disposition ; on the contrary, he was always a peace maker among his cognomen, and when he could not succeed he left'them. Mr. Justice --hewn now summed on the evidence to the Jury, with his wonted perspiality, and desired • them to dismiss all rumours and statements whatever . from their minds, except the evidence b 4 re them. there was no doubt but that ciiitivd had been mur dered for the sake of his money; and if they believed the evidence, he must either have been murdered - by Mrs. Clifford; oi- the Prisoner at the Bar. •• • The JurY then retired to consider of their verdict; and after being absent for about a quarter of anhour, they returned a verdict of—Guilty. On the verdict being pronounced, Leary, for the I first time during the whole day, displayed something .i like feeling; as lie then burst into tears. He was asked if he lkad any thing to say why the sentence of the law shou'.il not: be passed on him ? but he did nut answer a 0 thing. The ROCORD6R then proceeded to pronounce the sentence of the, la* on the prisoner. In doing this he said to James Leary, the prisoner at the bar, that after a most full, fair, and considerate investigation of the evidence adduced against. him, and after it' most humane attention to all that had been bt!oight forward in his behalf, the Jury, in the discharge of their duty, and of theesacted obligations imposed on them by their oaths, had fount him Fuiltrof the foal' - crime of Murder. In the ,perpetration of the .i•ittr., he had ,hewn a blood-thirsty mind. The crime had • been committed at a moment when the cl:ceased was completely defenceless and unsuspecting oand as such was the feature of- the case, the security of Society it. self called for justice. The crime wit 'not only in violation of the kiwi of man bat of those of Gone'. lie had said, 4 , Whosoever 'sheds man's blond, by man shall his blood be shed." Thus had the Ate sitottry forbidden the crime, and had also given • man power to punish those who committed ii. .t 4 IY crime was of most foul aspect,. and so much so. that Vs early and ignominious death only could exoiate . the clime which he had committed. That expißjon, • must be had—justice called for it ; and as the verdidi bad found him ouil:y, he had now only a few hours . to live. Such being his awful situation, k would well become him to employ the few hours which yet re. mined to him in prayer to' his GOD for the forgiie4 ness of his manifold sins. The Remota then, en- 5 . treated the prisoner not to lose a moment in etideit ' vouring to rrtake his peace With his Goo. The only . duty that now remained to be performed Was, to pass the sentence of the law on the prisoner at the bar. which was, that lict - be taken thenctto the place from whence he came, and thence on MOOday td" a place of execution" and thereto be hanged by the neck till he was dead, and his body afterwards to be delivered . over to the surgeons fur dissectic.o. . . During the whole of the trial, which lasted from . ten o'clock till five, the pristiner preserved a firm antr unaltered deportment, until the sentence was, pastiest on him. He then shed tears, and held oat hil hand to M'Carthy, for the piirpose of shaking hands, Ai first,•M'Carthy (who was standing in the b .dy of the -. Court) put forth his hand to meet the prisoner's s - but, recollecting himself, he drew.it instantly back, saying, in the mildest mantitr, 4 ' 0, .10; I can't go it I" As he was retiring from the dude, he Lila 1 something to Davies, the turnkey, who immediat ly communicated it to Mr. Newman ; and, in conse quence, the prisoner was brought back to the bar —. The Court was still in a moment, every one expecting that he was going to make a confession ot his guikt. but, instead of that,. he only applied to the Judge, in a faultering voice, that his wife might have his clothees. So idle a request, made at such a tithe, astonished the Whole Court, and he was removed to his cell. He is rather a good-looking man, and very'wetlinade. Hie eye is uncommonly quick and piercing ; and he oh. • served and listened with' great attention to the admi. nistering the oath to Mrs. Clifford and to M'Caithy. Two other trials on charges of murder were emigeti ed to have come on: the one of the horse soldier vith4 shot a lad near Finchley, some time ago; and thq . other of a man charged with the murder of 'Mr. : STEEL; near Hounslow, which took place some y back, and for which Holloway and Haggerty-Wit h:red execution ; but, in consequence, of the great length of time that had been occupied by the.pre. ceding trial, they were postponed: ~. The Court then proceeded to the Arial of several, - minor offences ; at the conclusion of- one of which a circumstance of unusual depravity .occurred; A prisoner, whose name we could not learnt •sysivoisil •for an offince which subjected him to trans ortation; and on the Jury returning a verdict' of . tiihy, the villain drew a knife but .of his pocket, a aim e d i t I li at the prosecutor. Fortunately, hishorrible intention was not effected; the knife fell short, and did no harm ; but the Court, to mark their. sense of the atro city of his conduct, instantly seutenced him to trans. portation for life. Atli* Middlesex Sessions, yesterchy, D. Leary wits indicted and found guilty of a violent assault on D. *Felt, a watchntaeof the parish of Stepney. on S. night last. The assault was of a mostdesptrate descripticin: the Court sentenced trim to one fear's isn: prisunment in the House of Correefion...:A tsalstteasst, named Price; liras'. put tattle bari.changed wilt 4n it as diceni and disgtstitt i g exposure.of• iris person, at the • winifirws' of his lodging; its Cross-street, to,the view of gltnelitint itnclisrepent able. females, ;awaiting oppOsiti tan*. T)* evidence %vitriol a must disgus.., ityg disercptiot. :The *Hance wactulLy proved ;. , üb d theittilcvaidiout-hesitation, found him Guilty. TLS Court deftrred pas:ins sentence. t%