The National Register. — London, England, 1818-09-06 00:00:00

::~`- c CHAD! LS lIUsSEI". A few day. after the execution of If maey, a lon deelara t plliJii44,llo. 161 1 j, ! I w gA CAlled liii C ; co pi .4 it, that the piddle taie,ht It ire the menus .if it dgiolg for thelaselve4 ;lint, at the 'lame time we expreo.eti oik is CVIIV,N nr inennxiatency and lis'kelointl. The acconnvi. haweverom•eitled tir 4otim imutenx. who had not 4 1 .e11 a •Ificient paim W inseAigate add wei;;lt all the circuit'• ittaile,4 of the ease. FM' Ui. 1#10 , ..1b1e 1.31 - p4 ,C of removing all Muth, nn **abject au ititereolug In the oararter of our lii il by jury, a gentleman well acquainted wills the proceed• r.!,1.4 111114V/11 vp the follow tug able so:Armen. ; i.f whirls it unt to aattch to say, that it Wit the quertiou tanniiletely id real. Tito pmar protiatei against till wretched min upon his trial for the muraer of Mr. bird and his hons.: l / 4 2cper were to conclusive, that per= who was pc.nuat could doubt tl'a.:;uAt!ze of tip. veri'gct. The Ju4c, the jury. Lie spxtators. the :or the prisoner and a faiust hint, all left the Courtlmpreesee wrest one contiaou fc.iing of Isis rite public tturel lees sablectumtly been diSquictal by what has falsely been csll.sl the Confasion of (Marin ; and h the doubts of teas who, net forming their judgment upon tide evidence colletively, have ratter} upon detached torts. and .1-awn their em elusions. .t. if dis intik; rested upon single eircumstancs.s, and not upon the general tendency of the wind:. With Baton/sigh cznviction upon my own mind that Charles M— acy was the very murderer of Mr. Bird. and not a mcre aceon,plicc, let nie remtest your molars to weigh attentively the facts tutablisit.si upon the trial. compressed into as narrow a compass as possible; and, having fonne , .l their judgraent upon the testimony of the wit nesses, let them determine how far the declaration of the convict weakens or corrolorates that judgment. In canes like the present, direct evidatee of the hand that struck cannot be looked for. It is neither in the broad face of day, nor in the presence of lockers on, that then/tin:ern. in common, p;rpetrates his crime. But a chain of circumstanc..s will often fix the guilt with equal cgrt.::lty upon the criminal, and the. very artifices he uses tbr v 141111. Bird's house. upon the murder beii..g discovered. was most ace:irately examined, not by one percon only, but by many; and it appeared impossible that the inunkrer could hale entered the horse la any osier wav than by 'ho stre:t .loor, awl it was equally evident that alit:is-ion had not 6ern os.tailed vi , ; , two:, for the back door I was bolted on the insilc. he sl:utters all fa.,tencti ou the inside, and no mark of Weaking. o. of aey instrument having been mud to force en entrance was discooratige. The side gate was vise chained and rdlocked inside. It was proved by Ifatinali Cooper, that on Satitrelty even big, liar 7th of Fab. at 20 minutes Or half an hunr anus. etcht o'clock, the housekeeper was seen standing inside Mr. Boot's house talking with a person at the door, and that Mr. Hull was leaning forward from the parlour. The time is distinctly marked, fur the clock struck eight as Haunnh Cooper left her !muse on the NVotilwieh Road, - and, it tieing a very fog;;)' night, she walked slowly, and tan speak with precision to the time. . _ In the hall, where Cie body of Mary SiIEMOSP , was found, Vf3s a C.ititileSliek, with a witch- email*. in it, which scenic(' to leave been lighted Mot for a short time, anti to have gone out cenin. A quantity Of blood had How, d from her wounds, round the head, in the aunt oh: re it then lay; and near the • was :another pool of blood, a, if the body had been re moved front the place %%here it first fell, and which, liad it -iv:dinned to lie there, would have prevented any pc-son, !mending to go out at the hall door, from opening that door, about at the same time tnovi.ll; the body. The maid had aaavitril very nmeli is the hall. Although the barean where Mr. Cirri kept :tits cash an I rapers had been ransacked, n private drawer containing bank n tea had tveen overlooked. _ It was proved upon the trial, that a considerable quantity eg property belonging to 31E. Bird, and which had been seen to the horse a' very short lime before the murders, WAS in the prisoner's possession, and in the saine box where a part of the, stolen property was found, were clothes of the prisoner's 3:4inrd with blood. . _ - One pair of the eciters, Identified as the prisoners, were not only stained Leith spots of blood, but very much marked v ith splashes of vomit Mg. The iirisuner absconded. rpott his apprehensioa br fal►ricatcd a lung story, to induce a belief that he foetid the prop.•? ty, but this story was runt ta -I:icted in every part l'v ■eciir..lo •witnesses. He attempted to a (Timid lot 1118114 cl from the morning of the Sa rtlay. vh. the •ile-r was perpctrated, till the arternmin of Stifiti.ty; but all the witnesses he relied MI tie pl'OVt! Itis being a* the 'ricer's Mead, at the time the mut der was committed, Ail oiled, that the cattiest time they could fix him there was a Quarter pas* woe. it was proved that Charles Ibisscy was engaged to till'• witb his brill her. Thomas liitsse. at Pcekdaiii, at one o'clock Oa the Suodav when ;he der was discovered; he did ioit go there t.II the evening. but kciit loiteriii.; about Greenwich; and when his brother .isked him why he did not come to act, his reply was, that there had ucen g holt ible nutrae• in Oreettwiell, which had made the town like a fair, and that had torevelited ; re us, to dine with his bro ther at Peckham at utie icrlock„he 1111 l st have set out at least en hour before the murder was discovered. It was these. tore evident that lee must have had a ,;nifty knowledge o: the rourder, st,td that the reason he gave rould not have been the cane ufhis oat going to dim: with his brother. The maw In %%hos:: home kept his clothes had, aLmit flortilittltt before the twarder,l.et a covers hammer, wi , h a hammer, in the judgment of several Niirgeut.s, were both the mos drrs perpelimed. • This r. ,, ry taytt amen' was 101.11 Sal A pull clime to ilia til.t.ee • where tiamiey'A box %vat, k er r, dust. Ito the lane whets: he said he 101 11 4 th e w a r ant 4.1,•5e In the enacts It.etse or het foritt.er ist tater, awl s% Itiri l bo had hells ill the lii of geitai t ; water rot eleanillt ids ismstt e:tAise„ 114.1 4415 her permit tweet the murderer, he sliest fse.t bar.. stolen Itn• Isirionser front Lettnu'g, nod artei gym sls, by similes., deposited it, uttcre it would furs,. else link or "si ehr!n of etressm.l,lm•e, too connected to be till rim etreet of a••4l.lenl. Thes.e were to sir of the pristrip.tl Cis , wll.oaiii•cs s , t • the e‘i deuce ovum whirls !Ise verdict of willi.l mostrdes was gi‘l.6l ax rtsdit ett.islest kftietie!.. Alusty snisous ei7costo , itt.ieex n 111 1 ,4.1141 stts•nattls Iv the • prousiueut feature, of the e w i lil y!, is j. Ilse Iti•aseetroqtry to Joel' upon rums heelis•l ▪ e•surirsts4don or the :e4.lntst fact% sire to be fairittl nias-eys sir,. str.,ll ; tur lie a:lsogres 115.1 I ssssss er m s a, e d oil the rests. 111 1 lir orturt-ts, that he lbw%it iislu the ustond vti lo . is .v a. 1113111 hr eis% -co t tootoot of ilo• 1116 r ▪ kill s .narked seith blood a n d corms , it. the halo wises the Isa l) ••I til.uy !ibis: vr.s. 1115.500 Mar des _ 'rite azf.r.c , .et tt:l npon h. 1 till hati been anticipated on the n%UU. I , t 4:.1,W11 Witn.Li....4 I) fax, in as U• . . . . . . . hlu seat le 'Late. Cie time he went to Cie Tiger'n !lead rlip es being 7 h eontraletel by the evidence of those who went p• 0.44. NATIONAL 11,Ei IIPerra w: len l ie gate d t h at ou he west front hii wa.slia wfutan's dirmtly w I.e4ton' , l. alttir tfinnar, and t'init it was then 4 o'cita.k. the wa.lierworiran herself mated. it was only R. When he said that he saw the person get over die wall at 6, arid that he aftwaartl: went and hid the bundle. which must have taken some time, ha was contradicted by Lofton, who ctated that it was not more than half paat S. or 20 minutes tp 4, whim Ifu.ssey was COlrie , - ing with him. When he estertal that he did not seethe pieces of bu.d.L,l.elonging to Mr. Bird, wii;ch wete found in his rosti`MlOn. till the Saturday. Ml. lowing the muri..r, Thonris Hartley provalit to has,: fallen from his pocket on the Monday precedirg. When he would hare shown that the stains of blood on his clothes were Imm a wound received by Ilarelton. in getting ...ver the wail, it turned out that he hail not on the ::amt clothes uri.er. 'Latium gut his wound. The extravagance of Charles Hussey's declaration is manifelt in every sentence. Considering the character of the man, and his con duct upon this horrible assassination, it is not, I trust, a deficiency of common clinrity in use, to feel that his statement, as exculpating him front the actual murder, is totally unworthy of credit. He atitits, " that he planned the tubbel, and proposed it to - two other pAsons; that upon the very day of its being agreed upon they met, but did nothing that evening ; that a week afterwards they met again, and Hussey (by his own account the chief actor in the getting up of this tragedy) advised its being prneacdcd with that • evening. lie having p-ovided a hammer for the purpose of 'streaking open the den; that they went all three at half toast eleven, but find ing no ani.a er ass returned to the knocking, and a great many people pasAng a: id repaseiar, they hecione thAteartened, and that upon lins say recollecting what his washerwoman laid said alieut Mr. Bird's early house, they gave stp the undertaking for that night." taless 11 use). and his companions went with the -determination of rousing Mt. Bird, and inducing him to give an *demi, the hammer pro ideal by II witty must have been the worst instrument possible for the pur pose be intended it. Inquiry has been made of Iduisey's washerwoman, who denies positively that she had ever any conversation with him relative to Mr. Bird. nor did the know there was such a person as Mr. Bird residing In Greenwch. 11 is drc!aration p tweeds to state, " that the three agreed to meet in the Park at a i•retain spot and go front thence to Mr. Bird's house, which they accordingly did, b •tiveen tmi nine on the evening of the muttler. The plan vK:s, A was to k:iock at the front darn, and B. to get smear break oivit the side door. and so proceed roand to the back window. While this was doing, A was to engage the servant in conversation until such time as .he found B had got in; that B had great difficulty in doing this, but at last did." To those who have seen the ran - IVA-b. the fidsehood of tt.is part of the acenunt must be pnlpai,fe: and if Davey had recolle...ted more accurately the front of Mr. titers house, 'his story probably would have been differently fraMed. T!ie side door, which B w..a fo got over, is without any opening at the top, and the wall it billgS into is as high es the second-floor of Mr. Bird's house; getting over it, therefore. could never have bun a part of the . plan and as, when the murder was discovered, door was chanted and paellockai on the inside, an I had not Ire! broken at all. it is quite clear B did not get in at the back. while A was keeping the housekeepr in convert:l6on et the front dour.— Besides the absurdity of this pneh is sielf-evident. Aaat to keep the housekeeper in conversation et the front-door. while 11, at the back of the house, was doing that which must have immiaiiately given an :alarm-to Mr. Bird ant th^ inn ekeeper, at an hour when the least alarm Mould have been Inflaweil by thasivery. The tkelitta:ion goes on to state •• that B. after some difficulty, got in, when A inniscdiately knocked trawn and killed the savant with a mallet he had provi.lcd hat , •.ft . with, mat B rushed through the passage and' strugglA Mr. Bird, wh-,m he soon slid SIT with the hammer winch lies.sey had given him; that while this was going on, flearaey was standing clo c to the Ti.. - er's Head, and wad to waistle if he saw any one %rat , coning, A% hiclihe did twice • as there were two persons that !.;mud ; but az. the alpha wa, very foggy, and it :cal itlittle before ;iglu in the evening, may seemed to take no notice of the light of the candle which the servant lump in her hand nt Mr. Bird's door." It is neceseary tc pause seek here, to notice another of the iecotre sieteneies of•this very iniprotable story. Iluesey states, that his post was els=e ti the Tiger's Head, and that this transaction took place between S and 9 o'clock. It is to be recollected, that the evening of the murder was the club night of the Odd Fellows at the Tiger's Head, and that Hussey. being a member, would eland a ehence or being teen by some of the members as they passed him, wt ie lie stood Hoe to the Tiger's,. 'lced. The night was very feggy, and might have shielded him from observation; bu t this would equally have prevcn'ed him from knowing when les steno of whistling would b: propel ; indeed, the signal seems to have been' useless, flint wile, according to his statement, twice repeated without being no:iced. no- declatce;on proceeds, •• that Hussey kept welch for about twenty minutes, and thinking them a long time, aml tbat they might diecosene:. he crossed the street and quietly upped at the door ; no one ane wend, nor did he hear any noise. Thinking this strange, he weet tee the ride door, and tried to get in there, but found it quite fast ; he then returned to the front door, but could oat open it. lie knorl:ed again, :end was at lase let in : he forgot by which bf the two, hut he said, • We were ut the top of the house looking over what we had found, and you alarmed us. " This part of the snore is irrecatwileable with the former. If B had ether git over the aide door, or broken it open, and bad tweed au entrance into- the bask part of the house, the sone passage was Oinn to assey; but he tried that way, and mid-not get in, alt...ns If the*: supposed accomplices were alarmed by Huseey's knocking. they would hardly bate opened the door without some cignol being previuted v given, which they could Pear while inside the Louse; this. ut so eery an hour in the evening, would be rather a dergeruus ex periment. The ketwk at the deer was loud enongh to be heard by them while at the top of the home ; and when they Opened the door to Hussey, they risked discovery flout aay person who might be pees trig. as there was atan,p iminethately over tite front door of the house, waielinnght have shown the acme of blood. Ile fnither metes, " that he went in, and in going up stairs stumbled over she body of she sereant which they then removrd out of th eir way. lie was shocked to l=am from them the fate of Mr. Bird and the inaidseervant. but B said it could not be helped. as they found diem, and particularly the ski man, so resolute. After bcin an the hoes: 5 minutes. it was agreed that he should go out, and in ten minute, after they both came to him. Ile was then in the middle of the ee-oet, nearly opposite to Mr. Pird's house. anti it wets so dark that nobody could see him. 'They then went into the park, and from the light of a dark hewn. wl6-ii A bad brought with Mui, they beeein dividing the pre eerfy which was tied up in a sheet. There w eta prat many article:, but the smallest part fell to his lot. They said, teat in the bareaa a greet many guinea% were found, which it was agreed they sheen have, and nueseythe Bank notes and watches, ke. They then - .parated, and he went and (-hanged himself. When he had dene.this, he came down privately, end • went to 0 poodneer Vamitrea!-ternice, %cline he threw to the mallet anl hanitoer, which Iwl been tied na in his bundle, and which the 'truer two men requested hitu to take aid, him." If my conetruceea nf the term" cordeseion" is a eorred one. and that it 111,NLIS kit ae owal of the with. the f e w irk sentences of this man's declat a. :on destroy the poedbility of the statenitgla he made in tot cedar °rayon theactifi:Ou. being tehotthei as a confession. Ile affirms that he was ut the fete of Mr. airsi and ids bets keeeer, and yet. sit :eked ae he was, Within 0:1C hour of Ole eqtllll.iS- Ibi•S tot' this lauteiroes as eess;tintiou, of which he was the e,de mover, tee could eo to a club mom, and sing two temps with his usual cheer tu:ness. drink, ennike, end sleep. rind within a few days tudowing to the rave, as an idle s; cantor. the bodice of the two victims of his ohms. Alia can we for a .I,J:went cre iit that Mr. Bird's rccolnter.cas was motive fur the i .ttp.let ; a poor infirm man, 3 yctus might Last: beta ti•_(l to his chwit with a packthrvd • SEPT. - • • In Iltieseys hoses ion, at the distance of a month after the mur. dera, were bound the following articles, which would alone make a tolerably large bundle, viz —C large sheets, a piece of n'w cloth, a large cotton shawl, a silver soup ladle. a silver wine strider:. an old cotton handkerellief, 2 shirts, 2 watches, and five IL BaiA of Elie. land no:es, and two Yl. Bank of England tortes ; and Net he state , , that the smallest share fell to his lot. Besides these, rings of some value, and one of great apparent value, and a watch. were &mid cis • his peron. If they went to the Park to divitle this plunder, they must have paced unnoticed through the streets svith their large bundle. or through the Circus, to have got to the Park ; and as the gates are in the eienth of Februery loyked at nine n'clock.uhen they 1:44 finishi , et their tkrrtition, they would. upon their return, hare to get over the Park call with their buntßm If )ir. Bird had by Itim the guineas utirdt Hussey speaks of as having becn found in'the bateau, they would pet bably have been in the secret drawer, which *as neverthelesa undiscovered ; and when he aflinned that share consisted of the Bank m tts seal t he watches. while the gold was retained by the others, he was not aware that it had been clearly ascertained, OW, he had himself been dispositc.; ef gold coin at a shop in tiewgate Street a few days after the . niurder. That the valuable share of ease supposed accomplices could c,.n. sist of it is difficult to imagine; kr, with the exception of some IT.t and two or Circe artieles of silvcr. all that was lot on the night et' the murder w re, found in the possessicti of Charles I I ussey. If. a; ths, lie has thrown the toMmer and mallet into ti:e nord Vansittert Terrace, - there would have they both ben found ; but a :171!11:!:CT a only found there, (although; the pond has hem twice thoroughly searched.) and with a li:tinnier only,etand not a melba, v ere the blo s and fractures upon the liend.ecf but the mur dered persons inflicted. There was no nterk whatever of a wake having been in any way used in this lionible work of deash. With relation to his alleged companions in therobbery, Iftreicy appmes to have evinced feelings of considerable indulgence; thr, al though lie plarued the robbery, yet he received the smallest chart of the plunder, and took upon himself all the risk of the discovery ; for he under:NA to dispose of the instruments of death, and kept in his possession the bloatty clothes, which must ; when discovered, add to the other resumptions against him; and, white lie lurks about the scene of the assasSiration, his associates, the actual murderers. (whose names, be it known, are, by accident no doubt, the MOat common to be found in the navy li , t) escape without a trace to lead to their detection, or even their destination. _ _ nut. to COTIViIIC any reasonable inquirer of the fesehool of th,.. 3ev's declazaeon, it it only requisite to compare a short computaeon of the titne he gives, with the data furnished by the testimony of accurate witnesses. The ilee.nation alleges, Batt the house was entered between eight and nine; some apace of time int Tvened Letween A knocking at the door, and B overfeniing the difficulties he found in gating into the hem?. Another allowance of time must be made for the commis.. sion or the murder, M. Bird having struggled a good deal. Hussey minutes on the watch, before he went to the door to them i.sseriates. He was in the house for five minute:. and tL,n %a i te d ten minutes for thew. They went to the park to divide the plunder; prabahly we should allow ten minutes forthis part-of the transac tion ; the division of the booty might take the minutes. Hmsey's return from thence to dress. and the act of changing his clothe d . cannot be computed at less than a quarter of an hour. His then going to the pond at Vansittart.terrsee, to conceal the hammer and inailet. and his returning to the Tiger's Head, must have comma at least ten minutes or a qtr.rter of an hoar more. ily his account, thiblefore, of the uat.snetien, from the idols of the murder to his joining Ii oln.ipaiiions at the Tiger's Head. it would teqiiire, upon the most moderate c , ,iiiiintation. an hour and a half, and pri,bahl!, n 'much longer hßute than mils calculation amounts to. Compare this with the proof upon the trial. Mr, Bird and his housekeeper were• seen alive at 20 minute: or half past eight; and all the wit tes.rs agreed that about 20 minutes after nine (one witness •aid IC ntinntc•s pn.f nine) Hesvey was et the Tiger's Head; so the all these dilrei cut ellen mstanees num, if they took place at all, have occupied octy 40 minutes —a tltiii quite ineredahle to those a lro kr.,,w the relative ►itnadon of Mr. Bird's and Letton's houses and Grecuwick Park. Upon tlie , egrotimis, strengthened by other minor circum stances of corroboration, is my conviction bounded, that Charles litissey's own hand inflitted the mortal blows upon Mr. Medan(' I:is housekeeper; that he had previutosly secret or the hammer for the iikp ea. purpose; that he knocked at the door at half pasl trt o'cliu k, and, la Ink speak h. gto the mind. felled her to the ground with his right hand, anti thrust to th e street dour %vitli his left: that upo t Mr. Bird's advanc mg to the door. he was in like maimer struel. down by the hammer ; that he made a hasty search thi ought Vie house, and having moved the housekeeper ftom the front door. (as her body 114.1 so as to pi event the drn:r front opening,) he eat his jacket and gaiters bloody, and the latter mai ked with vomit; that he took the bundle of things he stole to the dark cell:trait Letton's, and threw the hainnter Ii 0 the pond : that he then ,dianeed int. clotliesond Mont diately returned to the chin, where he spent the evening, tim:ffected by the fon! atinci• in which he had been engaged ; and that he depends. ed mainly for hid acquittal upon' the early hour in the even ieg at Watch he mixed amongst the numbers of his club. It may lie telt, and, indeed, has 10'03 urged, that flosselr made his r •nfession after joining in the solemn office of recei%- iiig the Sacrament, and that he could have uo expectation then of escaping punishment. Whates er weight these coil alder:tin-ins might have in the case of an ordinary otioteler, in the prewitt they have no weight with me. He received the Sarranwtit,,:eitying his implication in the e.tience; and in Ins WO leiter to his hi oilier bet:mettle tuba,); he exults, that how es er the gi natal opinion was against him, still while "there is life there's hope." J. L. BIChNELL. Gr.:cis% it'll, Sept. 1. n utronn of gigantic strength and stature. was punished by a scse,t drubbing. by a young gentleman in thrac respects greatly his inferior. The gentleman was tinning out uf (lan:try Lane into Flect-tst E., t, i 1 n gig drawn by a vety spirited horse. The • Annan was passit . : ;:t the done, and put - drovo'the dray so as net only to injure Cie gig, but to endruttlet the sstety of the t!river. The youtg gentleman reinonstratcd with him on his conduct. and was replied to by the most brntal abuse, s-com period with a stroke or the wi:ip. Ile halt soon, however. cause ti repent of his ruffianly emulnct. for the gei.tlcruen donnour.ting from his vehicle. and giving, his horse in charge to a bystander, soon gavo hip unweildy opponent so severe a dubbing that hs wes glad to cry out for quarter t having been tviniplettly yrived of sight, and his countenance in oth; r respreta hearing simile testimony to tl-e punishment he had so deservedly received for his brutal conduct. lie r: r.'; pl.teed on his own they. and the charge cf conducting his hoses was undertaken by another tincyntan who w, te raiss i rg at the time. The gentleman drove off amitict the cheers of the crowd, not havilig receivtal eau slightest apparent injury in the ruled) tre. • 'I ii , p.l4v young min. named 111110,1 Harley, ectifiiirtmall) employ Ed a+ 1t0.,1. cep. r an:l ca. 11,1 I. ill the 11 . .105*. of Mr Aruxa oder AtCattliy. an en:'ts••nl sees chant, rePi.lina in the oily of Cork. absconded with a •niii et wine:, arisotinting to newly fivr hundred poiiii•ls ; I.ii a., ri.ce %c.v. nhn..a,n 1111111PliilllelY not ice d. He war trared to Du Win, and tAi en iota ett.tody in a boat a Well ran endeavgimiiig to pot Iwo the p nrkel for Holyhead, WWI the view, nlri lua l i ly oo r fa ki ng rAi l le in Allis siva. The whole of alto eta, brazk LI property ‘$ 43 luund open him. nil f :13