The National Register. — London, England, 1818-08-03 00:00:00

!!16 sure whether she took a quarter of an hour or 20 minutes. l'he Weenies were shut. and the door was open. The man was outside ti.: door, tie. woman inside. Witness walked on, leaving th parties in the VISIIIV petition. • She saw Mr. liird a ell enough to know him. John latent live. at the Greenwites academy ; occupies the two floors above the ground floor. Is a arsevetchy trade. Was employtd s. Inane' when the murder happereste iNe t i t o ree ve his h ome at 8 o'clock te go to the patrol. Has known the prisoner ayt ay. whey left a Lox at witness's house when he kft his service' in Mr. Steven- Vansittavet Buildiegs. He carried the box up entire. There were two pair of etaireases up to the apartments occupied by witness. The hoe was placed in a room not occupied by WHIleSa. but only passed throtlgh when going to his bed resin. There was a t'ront staircase anti a back one. The back one mild be used is going to tee nano where the prisoner's box ism deposited, but witness did not keow if the prisoner used it. l'risoner did not live in witmees's hottsc. he lived at the Tiger's Head. and frequented witness's house, and knew every pert rtf it ; witness has not the keys of the house, but merely kelps it till it be let. There are ono deers, one front the front and the other in the side. There are two. privies, one in the front place, and another in a place leading into the lane, which has no top; there I.: a spit near it where the children Intel to play. He never saw _thy nutting or rubbish in this place that scald have cenecaled a bun cii There is a cellar near this, where u person might conceal any thieg he was dispteeel to conceal. The door of this cellar is always open. From this cellar one might get up ti the T410:11 where the box 1 , was deposited ; there is a cistern near the staircase that keds up to the room where the bin; was, always filled with eater. There as a pump. in the kitchen, which kitchen is not in use. Any person neigh !raft it without being perceived by witnesc's kepte his cooper's tools in the lower part, close by the kitchen. He 'sorted in that place, and had tarts there as well as at the brewer's, lie had a cooper's hammer in the place near the kitchen before the murder of Birds which lie missed about ten days or a fortnight before that event. !female iequirles about it, but could not find it, It was a pall rivettu:g hammer. It had a poeicolar mark : its handle was split. Mr. liirkitc!!'s clerk showed him it Ia the presence of the tonstiVe Hodges. 1!e. bud previously described it to the magistrate*. and when lie Law it, was Certain it was the same hai iiiii cr. Witness had frequently seen prisoner come to the box in the room. He never saw the box upen but once, and their it did not seem half tilled.-- When {tai oner brought it, it was only secured by some packthread. Witnese, in consequence of what his wife said, took the box, which was sccttre,l by a strouger cord, to itlrs. Goddard. I/el:tend, who was a raison»o of the prisoner. Ile removed it about ten days after rite murder. ft wet heavier than when it came. which witness knew by taking it 015 priemer'e shenilder. Ile knew prisoner when he was rwrvant to sir Stevenson, where he eeted a:: and took care of a gig. which the a toners had seen him washing with water from the pond where the hammer was find. IVitnesi knew Mr. Smith's ground, whore the pond is. There was a tree in the corner next to the main road. Witness heard of the murder on Monday afternoon. and Saw the prisoner on that afternoon, who came to hi.; house about 2n minutes past three, or half au hour before jeer o'clock. He came up stairs with winiess's nephew, and stayed till ten minutes pest five, when he went by the coach, as he said, to his brother's at Peckham. Prisoner told witness that he had promised tai •• dine wit's his brother, and if not is time for dinner. he should he iti time for tea." Ile told witness he leul dined at his washerwoman's, Mrs. Bennet.— When he first came mer witness's retell, winless seed, 'e Charles, where have you been. you are quite groggy ?" He said he hail been at the Tiger's Head me night before, and lied got snore than Ia: wes used to take. lie said, as ire was going us the washerwoman's. he met a person of the name of Jesse, and bad part of three pints of hot at , the Ship and Last, and from that he went to his washerwoman's ; that he had dined there, anti that lie could do no has. after hoeing th. eed with lice. than give her eotnething to drink ; that he came from her to witness's house. The prisoner, after remaining a short time enth witness, went to his room, and remained fortes minutes. On des return ht: asked for comething to drink. Witness saw a pair of gaiters at tie , National School, which were shove, by the Magistrates, and which he believed to be the prisoner's. Ile remembered a con versation about the gaiters before, when the witness said they did not fe hint, and he said that he bad bought them from a hostler at the Prince of Orange, to whom he paid 4s. fin . them. Cross-examined by Mr. Nolan.—Deposed that he had known the prisoner %then at Mr. Stevenson's. and heard nothing against his cha zeeter. Witness painted out the neon ter the box, and it was not c;ewen by the prisoner. The house had not been inhabited for 18 months before. tVitneas took charge of the garden, but had not pr ocularly examined the premises. The hod was not locked, and mtly neuted at all trines by a cori. 'Eire cord was changed. hut winless did not notice when. It remained with witness three renntfts. . _ _ . Examined by the Coort.—The witness said that lie could depose t 714 there Was LO Malting or mid:Ws, but only that he saw none a: vat the corner alluded to. Maria Litton. the wife of the last witness, deposed, that she remetn t!'ted the LOW that I:tomes? the prisoner put into her husband's house. Slse reinenils. rat the pri,oner's asking hem procure a person to curry the box ti Mrs. Goddard's. Iler husband did so at her request. S!ic renwailiered the 'Ow of the hammer, and dic search made tio it about ten days [vitae the murder. Hussey came to her InAantl's helix about half-past three o'clock, and remidned till p:wt five. When she went mu and heard of the murder, th , 2re were many pc :pie about. The pond Was be::11 from the house in Vabsittures t. 'ace. t - rui,-examined by Mr Atioipicis.—Witness deposed that Ilussey Rue no directions about the person Woo was 1.3 carry the box, but desired her to get any body. Elie (7'.1 not think that unerring. or rubbish could be :n the sitiott'nn where tile bundle was said to be depositA, without her perceiving it. Lituus, a nephew of the last witness, recollects the Sun day when t':e murder was discovered. ll e knows the prisoner, and went into his oncle's house with bun on ;hat tounday about Mi tites after Circe o'clock, in the afternooo. Hassey came irons the side of the house were the lane was. done Goddard was culled. She appeared much agitated. She' liv e s in Delman: ; reh,ted to the pthoner by marciage I remem bered a box being hr. night to her house on the Monday alter the stli of February. '11:e box :loud in the shop and remained there three weeks before it was opened. Her husband opened it ; and foninl. the fir"t the silver ladle . then sheets. There were in it old clothes, which she returned t he box. The box was opened aboPt twr. or three (lotus af..crwaids, in the presurre of ail:tie gcntleiron of Greenwich. • Hussey cause the n.:xt day after the box was brought, and opened it. Site was present when the box was ei%lted a s..vond time. and ,licald know the articles in it. r.mswesarniwil by Mr. Notan..-W.::,..:14te1.aw1. ern tbrael's box eas not anti that Wit:lllW lie HAW spoke of reMOving ft. t.lepc . .ed to the e.mteics or the box. le foq saw a lnsdle, vs WI li!Vet la,11:". There via. a pair od our relnulloote., wilt a wine r 7slnu • the pocket. lie saw Wan a yahtorat with &e e_. He sowun one ut t. .. 11.. I. Ile then IpilVC information, n.ter havMt; oJnleti trunk. The orneaLim, Larhisi at l Ilalgct, e.une, trite he.w.is not Fe lt., nen they milt'. Croal ev.ambe_ , / by Mr. Adrtlphrte.-1/.lpa+ed, that no dircetions vrere en of t h e° hot tl t ,tt it vat orirded in the shop fin an) b o dy to l ea k a l. 11os.cy VMS roast:ilea a Ir.mane, hem at man; witness ne•;r:s horn! tnv thine t:ke o.etrarry. . . . ;Ir! tu me, et:brother of the ' , Thews, who wat my:dangly a.lectert, +Toted that Iti• ii:•tt at l'atii.hirn; tit..t he saw him about 4Or .e,•!o,* on *.inclay, when the yam* was diss”verett. Itrl ailed tun to cane and with hint cm He did not dt:tnee, bit 7f... war:a. Ile dr, not V1:11' . itt a eavA, first 041 , 04 Wle'n 114 arrived. lto ta.d ho 11.1.1 aken ran:-nanq ttlat hod tanned en inornit.4l. a.td ..illtetis if he luta kard of the ho-rot niur !era at Creen.vich. vat, no. 1111:ener then raid ridges+ I tag. ..71 I hit loam keeperltall twin' orid oppoilte where he hied. glhate‘t ait ho d a l not entre to dine s and he answered that it wa; awing *o , I:ke a fair. Ps ironer was di esp. PA in • : At 4,na waist.• at s..tt alixrd pa.:ais.ons s V. h a. t .14,11 rirotter go to Lendiat wid; hint ate foUcaln. 0w... ti• ^At A th, 0 kr' bed ,_t -743 1141 .1t VIE NATIONAL REGISTER primed him to go to Lofti% and he went, lie Aid not -rum with j witness, but witness eiw him et his house that night, when his ntalouto ei re wet and duty. he loving Niko into a ditch. Hl:nausea him a pair .•f pen a. loons, and the prisoner, in tlllllllllg OW his coat-picket, took out broke ai of buckles like silver, which prisoner said was silver. Ills brother, who wu by, proposed that witnvis should take the silscr, which he took, and paid him ss. an outlet lie kept i 7 till the watehis were diseocemd, and then threw it into the fire, brit took It cut before it wac nu:hot • A part of this silver witness deli vered to Mr. Smith, the Magistiate. lie heard meshing of the purchase of sheets by the pfiscatv Cron examined by Mr. Nolsoi—Dopesed the prlmeer received a legacy of dol. on the Wednesday after the ont:d4l. Thomas Smith, High Constable of Greenuich, received piece: of silver buckle from Thomas Hut-rev. Thomas Hussey, betni . ! said he delivered the pieces to Mr. Smith, the Magistrate. anti not to Smith the Milt constable. Thomas smith in continuation vitt, that h? noticed the pieiss of buckle not from Thomas Hussey's wife, but from luniself. Ile :lowed th • pieces of budge to the prisoner, Ishii said those were part of the things th-it Sci :• in the burdle that 1w found. remarking at the same time that the 7; : i•i.7-n in the fire. Itiehaet Smith, the Magistrate,. bcing ertll.l. ad.d that r ; ,•m of buckle was bnr.:ght over to Mm by TIN)111116 oil Llin March, when he delivered the watches. Thomai Smith being re-ear •4 arid, that he rtxxs•:ed the pieces of buckle from Thornier ltu.sey, and nut from hlr. wife, on the 15th of March. [This immaterial centetidietlon remained unnxplained.] Elizabeth Coodwytt, the slam of the prisone7, rmeh effected, and in hers, deposed, time she Nees at Peckham. The meaner slid not send her a box, but the box came abut the Bth of Pe . .taary. It wet Cull of her deceased moth, ehtlits. • Aterwards the pilx.ner came, and h::d Recess to the box: h.: opened the box twigs, the last time on then:it...Way, when he returned from the country, whi,b was three set after the murder ; she opened the box Meet or the Thuctlay followieg, end found in it the two watches and the nee.. r hasband and brrehet book them. There was on the watches the maw- of PIM. tier lumbago Goodwyn. She Mei not seen the box from the• time it came with weiring mtp:fel, and when it %astound with the watches in it. Iter deceased Oster had no sheets. Jll.9ll.lo()UtiViyYl is a taylor, at Peckham, and the husband of the last witness. fir ssw watches which came loan the bee. He examined the watch perers, and on one of thertf war the name of Biel. This was a month after the murder. He delivered them to Mr. Smith, the neetetrate. (hearse W. Bird, the son Of the deceased, ideortried tier watches to be his father's, which were afterwards shown to the jun. The one we a tortoise shell watch, end the other a metal f rte. they one of than had a watch paper. Mr. Bird said, the last time he saw it in hr eithe posuleitin was ten days befen‘ For death. The intense shell watch was leis mothees, 1111.1 rime her death hung up in the little earn, in which he was flu e : t. The meet watch he had seen in his fatimes possession about three month- hef3re ,is dealt. Thomas Larkin is a tuneable: went to the lietre et \lnf. I:odds:A, at Dept ford on the I Ith March, and round a trunk, which wei produced, with the sane cord then on it with which it was now fadenfsl. I fund in it two shirts, three sheets, a silver wine.strain,r, a silver seup-ladle, a pair of gait. w. cotton rocket handkerchiel, a pete;onere ticket with the name of Cherie; Hurry on it. Witness imelueed the areeke, which were examined by the Court and Jury. One of the sheets was marked It. It., another was marked B. at top. s. and Cl, fuming a kind of triangle, and the other sheet had no mark at all. 11 erten was at Mr. Itint's holm, ..but CU minutes after the discovery of the murder The gaiters had marks of Motel and lomiting, end witness observed voinitng near the body of the housekeeper, when he first scut to the house on the Sun day of the mutate. Mrs. Litton being called said, that the eaten avec:mei to be those of Charke Hasty, but on emeeertarninatkin she statel she amid not say they certainly were his. she Intil 'own fin the strap on one of his gaiters, awl remembered that the gaiters she rc wed the fame colinir, and every way the same as those produced, hut slit• mull not swes.r that they were the nine. eceiah Bell &peed te the abet: marked B. H. S. beiug Getwee Bird's. his wife's name being Sareie she !um, washed the Sbeehi many times. She hat observed the marks when ,lm hung teem cat to dry. she remeineered the sireet 1318/iihd It. U., which lieloaged to the family. Itchetsca heifer tee er.tnit mother's maw. eee knew the shirt likewise to Iv not' of titter. Ahes ashed ou the Monday previous to the mantle: in Mr. Bird's house. The ether articles found in the trunk were said to be the preorrer's by Mt. earl Mrs. Litton to the best of their kaostledge. Richard fled,ees, the e 3' • dement to the other articles contained in tee box deposited at Goddard's, which had retnained in his passession el Cr The winesstsainer and the soup-ladle Mr. Bird, the rein os the deceased, read not identify. but he sahl that such articles had beef mi ei er since the mur der, that sects articles were in the peeession of his tether before the murder, and reuenbled those he hail seen in his father's hetaie during his life. The Bank notes were identified to he indorsed by his father, some of them with the letters " 8., and January /2," and ...Yule is, Bank," with other marks on other notes. ter tr.ery one el the Wes was the signature of the deceased. The witness, Dodges, saw the hainter, found on die Ist instant, in the pond in Mr. Smiths garden. This pond was s isibke from Vaesittart's Terrace. It had been drained, and the hemmer was discovered, 'the hammer was pro. dueel, and identified by Mr. Litton, the omper,to he his, the one which he had lust beestre the lewder. It was molded in the handle. John i'reason, the constable of Dedeington, hs Oefordsbire f depottd, that he appreltsosted the prisoner on the Istof April, at Deildingem. IL• took from him a wawa, and a packet-look, with two letters. He identified the letters and the watch. After the witness had searched the prisoner, he asked him for the ring; he had heard he pawned. The prisoner said he put one of them down the privy at the King's .lens. It was seateiivdi for and found. It euntained an inscription, "To the memory of six children." The prisoner said this was the ring he had pot down the privy. Mr. Bird Identified the ring to be his father's, together with the watch, its seal ate chain. John Vickery, the Bow Street Olfwor, dep.:reel to the prisoner's being broeght to Bow-street by the hot witness, and to a ring being found in searching le: [item, weeli dropped from his boot or pantaloons. MreDird ideetiliel the ring to be his father's. It was kept in the bureau up stairs, and the box in which it was conteined was left behind. r. Searjmnt ouslow now orws,detl to another part of the ease, namely, to rt-.G tl.e examination and the letktr. ,lehn Bi.A.nes! was then e:Cilist. He is clerk to the Ma,zis:ratcs of the rilstiet in winch Greenwich is ;:;;.le.ded. I'e took down a , a;; me.nt which the prisoner 111134:C beftwe the mag,st itl4 . , and which pri,onet alum eti to be ...erred. Prisoorr was told that he twill make no stateneent, hut he wished to make one, and /: was taken down as he spoke. Witness saw the pohnies in the oven. In Van sitraers Terinw there are 5C windows, which overlooked the pond in Mr. Smith's gr-mneh l'h^ wthie,:, en cross-evamitiation, stated, that the prisoner refesed to sign the staternent, but declared it WA.' mercy!. The examination was then tail, as formerly gh go, together .w.eth the over Maul round emhis person whin he was apprehended. George Verimt was a servant at, the 'riser's Head. Hg !:.t..nv f limey. Ile came to the Tig..tas Heal three wee'or before Christmas. nut stayed a fortnight otter the introit r was ecnimitten. Witr , -rs knows a pee- , r; of the name of I Is- Metim, who wits a :racial of the prisoners. An 111V:lil`= had Nen rued to Ha zleton, who hail fallen user the 'v.ll. Ile had chi his right hand very much. Ilaeleton came to their heesse A I.ile 'A hand was bleeding. I lussey was dressed then in a lid..ok cord, a blae,...vaisteuat„ and gray pantaloons. Witness knew I lu,sey's wor?ingjaeltet. el.: ;.ir. thejackct cm thin. Heine shown the j.wher, he could ant identifS y it. hail noea.isaket en. Whites, ricollretid 42.. the Sattailay when the n' reeler wi .ntitted, but dkl not see II: owcy till half. twat Id at night. Thew was a club eared tad Fellows that met id the 1 igers I teed. lie 1 , 41144.4 by the tie morn at hi ltprit tea, :.tad saw there Ilussey as he sawisi thn dad*. Mr, We'miry, whei,cintlutTigres Pend, .!tposed, ',he did nnt see Huarey tit I within a few ntinutcs of ten Vel,o. at night rn haturd.r,., the 7th rd Febru ary. but Ord he might be in the ta.,-..r.;oir..irt hour Wine. Sht-sty.. hirn in the I.o.the !Loom of the Odd Allan& J.ko , Sparke la a bricklayer at Gevenwi h. Fla been nequainted with the Flaring!' for germn tint-. lig ve.ntin tip; to .room Of the TigPr's Head on baturnay night of the e.nriler, from 613 II o'ek d .. He saw Hussey is the tali mom her it that ni ;lil, abuut 9u minutia' or I isle nit hour past 10 olelci t. If the pripoip. r hal 4en thirst bt&ie be rne,t tare Erin Lim. Ile kdll' him *rain next morning, abort 10 Weise*, in lIIC tame hour. Flalllbcne is Strretary e f the Ledge of the " Odd FeIIOWS. " Fir remembered the loilge eilng on Ne... rdt y. th• • 7th of Felsitai y.'they mule All Mill FeNnw that evening. lie Lino prismirr. is an Onil Fellow :00, !nit not of their Lislge. TIE: prisoner , • liot uy.ha sheet a quarter raE• 0 n'•Eln.:ik. Leda.. :teeth rerrtEril.:.E.• Luttl tnipht they did act meet till WC 3 , 241.1r1.:11•-ar: Gila till I^:4 Late istwatde. AU G. S. Stephen Epsom was at tom. 0.1.1 rellowY i.e.* , on t•attied.e the 7th L; Fibruary. Ile did nut know what time Hussey entered, ;t w a., about hour before Out Lodge dosed, which was at 10 o'clock. William COUItCY is a painter at t.reenwith. Ile VIM at the (hid relic, Club on Saturday night. Hussey was there, but he did um anise till twe.d) min.:les befote 10 ticicek. if he had been there oche, witness would list tAxerecd him. Mrs. Bennet proved thlt he dined alth her about one o'clock on Sonlay, th? Bth of February, and !eft her house limit three. This was the ease for thy proaoeution, The prisoner was then asked by the Court, what he had to say for himself. He declared his innocence. He said, about 7 o cluck on Saturday he war to :mil some clothes at a woman's house, though she eumml.l not re collect any thing of this. He went then to an eating house, culled Perret's. He s!opt to hear some in the street, and went then to the Tiger's .Head about e ' half past eight o'clock. He then stated what happened it the lodge at the Tiger's. Head. He then related a long irrelevant story Aunt his conduct on Sunday, and afterwards. Ile repea:cd this string of incoherence with considerable fluency and composure. No look of terror appeared in his fare, but he seemed fatigued by standing in a crowded court for so many hours, from 10 in the morning. 611.6 o'clock in the afternoon. r. Sergeant Lens, who sat as Judge in the Cr , minel Court, then summed up. This was a ease which deserved attention from the Jury, and he was hapry to see that it received it. The learned Sergeant had said that time evidence of eirrmamrummee was stronger than testimony, hut still it must depend upon testi mony. Thoq,;z the evidence was long, it might be brought within a narrow compass. The eirmrEastances of tile murder could not be doubted ; but the questioz was, were they vrought home to the individual at the bar. The time within which the murder must have been perpetrated was nearly fixed. The murder must Lave been committed between the hours of .8 and 9 o'clock. The deceased was a man of regular habits, raids went tut bed before 10 o'clock. The supper was prepared; the potatoes were in the oven , the water was boiling ; and the table cloth was (Ilona to be laid on the table. The Jury bad heard a circumstantial account of the state in which the bodies and house were found. It was not necessary to detail them. There was almost no doubt that the woman was coming to the door when the crime was perpetrated, and that Mr. Bird was in the attitude conjectured. 7he learned. Judge then went over the evidence, with great impartiality and discrimiaation. He made towards the conclusion a very solemn charge to the Jury, and seemed very much affected in desiring them to make up their minds, amid pronounce their cookientious conviction, however fatal it might be to thelmisuner.at the bar. He spoke two hours. The Jury, 4ithout retiring, tiller a consultation of a few minutes, returned a verdict cf Guilty. The pri soner, who had during the whole day maintained a firm and intrepid aspect, tmw became agitated aad pale. He exclaimed that he was as innocent as the Judge who sat on the bench, and that he was ready to meet death to-morrow with such a conviction Tice learned. Judge then proceeded to pronounce the awftil sentence of the law, which he did AN ith great solemnity and feeling. It was a painful duty to him to attend this day's proceedings, and the most painful port of it still remained to be performed. After what the Court had heard to day, and after the conclusion to wlich the Jury were forced to come, be wished the prisoner bud spared the declaration he made of his in nocence. lie hoped he would stkl be brought to re pentance and contrition for his crime, of which there could remain no doubt in the mind of any reasonable man ; and in the few hours which yet remained that he would make his peace withliod, from whom all tiisguise was ineffectual or impossible. In this way he ta;ght secure pardon above, while there was no chance of it here. 'Nothing now remuined for him hut to pronounce the sentence of' the law, which was, dl; the prisoner be taken hence to the place f:om whence he came, ard on A.utalay be carried to the place of exe cutien, and there hang by the neck till dead, and his L:dy given to be anatomized, and the Lord have mercy on his soul. At the conclusion of the sentence, the prisoner cast .an anxiobs agonising look towards thehench, apparent ly <wishing agi.in to address the Judge. Ile did not Co so, however, but retired under 'charge of the •officers without speaking a word. His composure and ::tainess of nerve during the whole trial was remarkable, and could only be explained on the supposition of a confidence in his acquittal. Indeed, he entertained arta expressed such a- hope up to the morning of the trial. If any thing could have affected him, it was the tam duet of his sister and brothers, who were so overpower ed by their feelings in giving their evilence, they could neither look towards him or the Cot:rt. His sista espe.!ally seemed overwhelmed, and wept bittvrly.— Her voice was so stifled with her distress, that she could not be heattl by the Court. On her examination, a seat tsar: ordered her, nod her depositions were obliged to -b repeated to the t.onrt and Jury, by a gentleman et the liar who sat near bor. Towards the evening the crowd without the court was i unnerve, And their anxiety to now the verdict extreme ; but there were nu tec t imonit:s, either of sittisfinttion or disapprobation, shown at the result. The trial lasted frtita lU o'cluel; is mmt:ng till near It) ma