The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-07-27 00:00:00

By Mr. Stack: I saw the prhioner go over the gate
towards his (ether'. home.
. . .

By His Lordship: No one could see me in my garden
from the cottage windows unless I was stood upon the
lily Mr. Cole: If Beal looked out of his cottage win-
dow lie could see the orchard. There are no back doors.
I went all round the garden after the prisoner Came
Out.

James Seal, examined by Mr. Stock: I am a labourer
living at Yuckshom. Rebecca Guppy and her deceased
daughter lodged with me. I was working at Mr. Smith's
at Stoke Abbott. I left about eight in the morning and
took my dinner with me. Noah Hussey was working
with Inc. In the afternoon about four o'clock I obeerved
mine smoke rising from PLICILIIIOM. I said to Hussey
Let's run, for God's sake." Noah got there first. He
went to Hutchings', I went to my own house. The door
was latched and the key outside. I went in and saw the
body of Sarah Ann Guppy lying just inside the door.
There was some woman's gannent over the lower part ,
of her face and neck. I could just see her forehead.
The first thing I did I ran upstairs, c,atched up some
things. and ran down again. When I came down I aim
a great pond of blood right against her face. She was
on lily Left coining down. The body was lying on the
left aide. When I threw my clothes down I put my
hand on the right side of the body and found there was
no breath in it, and I called out there was • corpse in
the house, and for somebody to come in. There was no
one in the house beside myself at the time. In answer
to my sail Job Seal, the prisoner's father, came in and
carried the body out into the orchard. I went on saving
my things. Witness, on having the first named knife
put into his hand said it had been found in the fire and
he had never seen it before. The second sharp-topped
knife was not his either, but the other one—with •
round blade—and which had a small crack upon it he
knew to be Rebecca
Rebecca Guppy was recalled by Mr: Stock, and iden-
tified the round-topped knife as here
By His Lordship : I saw the prisoner in my house the
day before the fire. He brought in • knife and asked
ate it it was mine. I said no, it was Rachel Hatch-
Ile said he took it out of the thatch of the house.
Me took the knife. Rachel came in almost directly.
The Court then adjourned, shortly after one o'clock,
for a quarter of an hour, during which the jury were en-
tertained in the Grand Jury Chamber by the High
Sheriff.

Mrs. Hotohiop was recalled by Mr. Stock: She said
none of the luiives were hers. 14tr knives were large
table ones. _

Noah Hussey, examined by Mr. Compton, said : I
am a labourer residing next door to the prisoner's father.
I was working with James Seal, the witness, on the last
day if April for Mr. Smith. We worked all the worn.
ins up to four o'clock when we saw smoke issuing from
Puckshorn. We ran there at once. I bursted open
Hutchings' door. I did not see James Seal there. I
took some of the things out of Hutchings'. lif
saw Job Seal carrying • body with the head
downwards out into the orchard under an apple tree. I
knew the prisoner. I saw him coining from his father's
house at 9 in the morning. He was cutting some
victuals with • sharp pointed cheese knife. The lint
sharp pointed knife was handed to the witneu who said
he believed it to be the very same knife.
By Mr. Cole : I have not searched his father's house
to see if the ohms knife is there. Ido not know
the second; iii, a sharp topped one. The knife
I saw him with turned up at the haft. I never had the
knife in my hand. I have seen him different times sit
down eating his victuals at his father's house.
By Mr. Stook I never saw him with the knife ex-
cept at his father's house. I lived under the seine roof
as the prisoner's father. Ours are two cottages like
Puckslioni.

_
Gloom Norris, aged 11, examined by Mx. Stook ; I
moulted when poor Sarah Guppy was killed. I worked
then for Mr. John Tucker, • farmer, at Stoke Abbott,
I went into Lousely Field after dinner. Between 3 and 4
I saw the pfleoner In Mr. Smith's Seven Aoree. He was
walking foot along the foot path into Four Acres. I
know Puokshorn. He was minting therefrom. He was
going toward the Brilnley road. I loot sight of him
then ;he wee about 3 ground, from Puokehorn. Mt.,
he went by, It was not so terrible long before I sow
mobs._ _ _

By Mr. Cole ; I wee not before the magistrates or the
coroner. Mr. Slade (Mr. Fox's clerk) found ins out
Saturday to bring ins here. I saw the smoke about a
quarter to live perhaps. I saw the prieoner moot days.
By Mr. Stook I Snit told Mr. Tucker, my tuner,
about ening the prisoner, on the saute day the
Friday.
Jamas Seal recalled by Mr. Stook Seven Acne I.
within a quarter of • mile of my house—half a quarter.
William Paul, aged 15, examined by Mr. Compton
I live at Beaminster. On the day of the fire at Seal's I
was sent out with sheep by my muter. I returned
through Stoke in the afternoon, about hilfinat 4, going
In the direction of Beaminster. I saw him ooming up
Hornbill lane, which is about a quarter of a tulle from
Stoke. As I weal the end of the lane he came up it,
with a stick in his hand. He walked with me about
60 yards. I heard about the fire at Seal's u I nine
through Stoke half an hour before. The prisoner never
spoke to me, but turned his head another way. He had
on a fustian omit and !within trousers. I saw some wet
about the lap of his trawlers, and his finger was tied up
with sonic rag ; his trousers seemed wet with water. He
turned up Wood Lane, and a few yards on one of nty
sheep ran or, and I ;taw the prisoner stooping and
rubbing some yellow dirt over his trousers, and over the
collar of his coat. About 60 yards farther on, I met
P.C. Lavender, and I told him I saw the prisoner go up
the lane.

By Mr. Cole When I came home from Crewkeme
market I heard the coroner had gone over to inquire
into the murder. I first told lavender about the
yellow dirt on Chard fair day. I don't know how long
it Is ago.
P.C. Lavender, examined by Mr. Stook, said: I ant
one of the Dorset Conetabulary. Ido not know when
Chard fair is. On April 30 I heard of • fire and murder
at Stoke Abbott. On my way thither I met Paul.
From what he told me I cams upon the prisoner in
three or four minute.. I asked him to let me examine
hie hands. The forefinger of the right hand was tied
with • bit of rag. I took off the rag. There was no
blood, but a cot about half an inch long. I saw blood
down the right leg of his trousers and on the outside
collar of his jacket. The blood was quite damp, and
there was some yellow sandy mould rubbed over it just
above the knee. The blood on the collar was moist also,
A small quantity of the yellow soil was likewise rubbed
on that. I asked what canoed all this blood on his
trousers. He said it was from the cut on his finger,
caused by a knife he borrowed of a carter at Bowood to
otit a stick with. He had • stick with him, and I re-
marked to him that it had not been recently out. He
said lie had not out but found that 'dick. He cut his
fingers with the knife and returned the instrument to
the carter again. I asked him who the carter was. He
said he did not know; nor the name of the carters mas•
ter. I asked him if he had • team of homes. The pri-
soner replied that he had a wagon. I asked how many
horses there were in the team, and he said lie did not
know. I then asked him if the fire had not attracted his
I attention, into Stoke; whether he had not been there
very recently? He said no i he had not been that way
since 9 o'clook in the morning. He passed by the gate
on his way to Honeyoombe, near Broadwinior, but did
not go there. linked hint why he was going up that by.
road. He said to pick sticks. I took him into
custody, and conducted him to Beaminster. His clothes
were taken off in my presence. I then discovered •
quantity of blood underneath the right sleeve of his
jacket, on the outside. That was more moist than the
other. The cuff of the left hand sleeve was a little
burned. (The jacket and trousers were produoed, and
the witness explained where the blood had been visible.)
The appearances on the clothes were leis bright than at
the time I first saw them. There was • piece of one of
the cuffs of the jacket out for the purpose, as the wit-
ness said, of analysing.
By Mr. Cole : I will swear that my evidence is not
brighter to-day than before. I was emu-examining the
prisoner for ten minutes in the lane. I have • book of
instructions, but I had not charged him then with
murder. I don't know whether lam a good specimen of
the Dorset police. I made a note of part of the exarui-
nation, and I have not read it since I went to the ooro-
ner's inquest. I don't know what has become of the
notes. They were in an old pocket-hook; and not
made to be of any use. I should have apprehended him
as soon as I saw the blood, and I saw that at first. I
was in plain clothes, but I told him I was a policeman,
and he went pale. He stoutly denied being the mur-
derer when Icharged him.
By His Lordship: I was examined at the inquest by
the Coroner and by the jury.
Patrick Mac Hide, superintendent of the Dorset Con-
stabulary at ileaminster, examined by Mr. Compton: I
received two knives on the evening of April 30. I asked
the prisoner on the same evening if he would have some
rugs to cover himself with. He said, No. I asked if he
would have anything to eat. He said, no ;he had had
none since yesterday morning. I asked him where he
had been to work that day. He said he had been to
Honeycombs to get some money; but he could not get
any and mune hack to Broodwinsor. He said he had
had two quarta of beer or eider given him and he did
not know what he had done. His father, he said, would
kill him if he went home, and the men at the kiln could
my that he had fits and had fallen into the kiln.
By Mr. Cole : I had no instructions to the contrary
about asking prisoners in my charge questions, and I
cautioned him not to say anything to onininate himself.
William Sergeant, woodman, of Netherbury, ex-
amined by Mr. Stock, said: Netherbtuy is about • mile
from Stoke Abbott. Before April 301 purchased tim-
ber on a farm in Stoke Abbott. On that day I went to
Stoke to remove my timber from the farm —Bury Farm.
I arrived there about half-past 8. I afterwards WSW the
prisoner there—at half-put 9. He helped four others
to move the timber till two o'clock. I was aheent from
the field half-an-hour, but I saw prisoner there all the
while I WAS there, till 2. I did not ask him to touch
the timber, but he put his hand to it and to anything
that was doing. All the fivo had about half-a-gallon of
cider amongst them. I can't say whether he left at
two before 1118 or not. I did not see any blood on his
clothe, up to that time.
By Mr. Cole: I had two carters there. One went
away about half-past one and the other stopped.
By Mr. Stuck: One of the carters who went away at
half-past one returned before I left. I never knew the
prisoner so well before, but that is the man, I think.
By Mr. Cole: I saw the prisoner coins out of the van
yesterday. I had not seen him before gum the 30th of
April. I did not go there particularly to identify the
prisoner.
Mr. John Keynes Webb, surgeon, of Beamineter, ex-
amined by Mr. Compton: On the lit of Mg I made a
post aortae; examination of the body of Sarah Ann
Guppy at Beaminster. There was • wound in the
throat four inches and three quarters in length, extend-
ing from left to right, dividing the carotid artery, the
windpipe, and the pharynx. It had been caused by a
sharp instrument, and it might have been inflicted with
one of the knives produced in a sharp state, but not in
their present state. After the severing of the carotid
artery death must have been almost instantaneous.
There was • cut on the ring Anger of the right hand -
the fourth. There was • email out above the right
wrist. I saw no other wound. The cuts were recent.
By His Lordship: I saw the body the night before for
the first time. I did not then observe any of the ap-
pearances on the hand, but I saw the wound on the
throat. The cuts had been made within eight and forty
hours of the time I made the poet aortae, examination.
By Mr. Compton: I examined the net of the body;
'it was quite healthy, and she was • virgin. On the
SOMA day I examined the prisoner. Thus Was • eat on
• the fore finger of his right hand; and several swatches
on the beck of the same hand.

By Mr. Cole : The wound on the throat VIM from loft
to right. The wound from left to right was quite such
• wound as a person intending to kill himself would
inflict. I cannot, therefore, swear positively that the
wound was made by deceased or another person. Tlie
cut was very clean. The knives produced have been
under the action of fire ; but they do not seem to have
had very sharp edges.
By Mr. Stock : A person bent on self-destruction
would, holding the weapon in the right hand, cut from
left to rigid ; but another person inflicting the wound
might also cut from left to right. I believe the wound
on deceased's throat was not her own doing. I know
heat blunts a knife, bat I do not know to what extent.
The greater the lmat, probably, the blunting would be
greater. I have not been in l'ourt ell (lay, and I did
not hear the evidence as to the position in which the
body was found.
By his Lordship: I founded my believe that the
wound could not be deceased's act from the poet ;Horton
examination and not from anything I heard. When the
carotid artery is divided death is almost instantaneous..
The windpipe and the pharynx behind it were cut.
Blood flows in large quantities immediately from a body
on the severance of the carotid artery. There is nothing
I can speak to on the appearance of the knives heyund
the action of fire. I should think it would be impe.
sible on the carotid artery being cut for the suicide to
cover her neck and face as far as the forehead with •
cloth.

By Mr. Cole: Something might fly up over the face
on • person falling after the carotid artery had been
divided. When an artery is out the blood spouts forth
not in little drops but in a stream
Rebecca Guppy readied, examined by His Lordship:
My daughter bad • three-cornered woollen handkerchief
on about her neck. She had only her frock and the small
shawl (produced) on when I last saw her alive. That
shawl hini been washed since. It was upon her when I
saw her at the inn, and was blood all over. It was
pinned at the neck. The shawl was washed at my
house.

James Seel was recalled and, in reply to his Lordship,
said: The cloth over the deceased's face was rather brown
—like the shawl hown to him.

Jane Corniok recalled by his Lordship, Raid: When I
and the prisoner had been walking in the garden we went
out through the garden gate. There is a hedge all
round the garden except where the gate is. After get-
ting out we got into a road leading into the bridle or
footpath. We went along the bridle way as far as
Broadolow gate.
This ended the one or the prosecution.
The Foreman of the Jury asked his Lordship if the
pieoe of the jacket taken by the police, aa they Raid to
be analysed, was to be put in with any explanation?

_
The learned Judge replied, that although it had been
stated by the police a piece of the jacket had been out
away for the purpose of analysing, the pmeeoution
had not submitted any further evidence upon it.
Mr. Cole then addressed the jury in defence. Re-
marking that he felt more than usually incompetent to
take part in so important a ems which the jury were
'shout to try, that of a young boy, just starting in life,
who wu charged with the moat horrible crime
a fellow creature Gould be charged with that
of wilful murder, Mr. Cola went on to say that
no motive had yet been advanced why the poor
unfortunate boy so charged should have committed
much & dead; there was not the slightest injury, malice,
quarrel, or motive whatever for It. commission, and yet
the prosecution would deliver the poor boy up for that
terrible crime. The use was what wu called on* of
oirownetantisl evidence, and the prosecution had under.
taken to satisfy the jury that the priaoner's was the
hand that took sway the poor girl's life, and that no
other person by poufbility had emeinitted the act, But
had they done so? If he failed to make out his use tei
them, he felt it would rather arise from inability, than
from the evidence addueed by the prosecution. Might
not the poor girl have committed the act herself? It
was, as far as the precaution went, a mu of specula.
Hone, suspicions, and probabilities. The learned
*ousel then proceeded, as he said, to consider the ow
as opened by his learned friend, and as it had been
actually brought into mud. Although there might be
pointe of suspicion against the prisoner, and he (Mr.
Cole) would not deny that there were suspicious air.
cumstanom in his cam, yet he contended that it was a
sea' of suspicion merely. His learned friend In 'mdsa.
vouring to discover a motive for the oonainiselon of the
crime, fell upon one of the wildest speculations and
most abeurd muiplolona that could be conceived of, via.—
that the prisoner might have known there was money in
the house of Hutchings; that the key of that house was
left in next door with Banat Ann Guppy that the psi.
loner quarrelled with her in order to obtain the trey,
and then the cot might have been committed I Was
ever speculation so extraordinary? And his learned
friend opened that he would prove this to be the feet,
that the key had been removed by some one{ hut he had
never attempted to prove it, and the speculation en-
tirely failed. His friend had failed, too, to prove that
the prisoner was aware that time priori of the pig was in
Hutchings' house, so that not the slightest motive had
as yet been proved against theprisoner why lie should
hive perpetrated the crime. The learned ennui then
replied to the seldom,' of the witnesses seriatim,
dwelling at considerable length upon the conversation of
the prisoner with Jane Cornick, especially as indicating
! the complete Innocence of the prisoner of the crime lin.
puted to him. Would the prisoner, if guilty, hove not
told Comic& what was not altogether true in reply to her
questions that Rachel Hutchings was in the house,
I for Instance? There was nothing unusual In the pal•
soner being about the prune's, and he left Guppy's
about 3, walked a quarter of an hour in Corniok's
garden, and then home, great part of the way with the
old woman; god at 4 o'clock alarm of fire was
spread. For this three-quarters of an hour the
prosecution were at •Irea to anamanl, and had hones
called a little boy who said, at four o'clock he saw the
prisoner near Puckshorn and directly saw the smoke ;
lint it was impossible the lad could see smoke from his
puition, besides, in cromexamination, he said the thne
was half-past four or a quarter to five. The prisoner
told Corniok she need not put paper on his fingers, but
when seen after four o'clock by the policeman, and he
had been to his father's house, he had some rag tied on
it. But if the girl did not commit suicide, had not the
witness Condi* stated that any one might have entered
Guppy's house while Coniick walked in her garden,
and, of course, after she left to go to her son's? Then,
were the jury satisfied that tile boruit the bar com-
mitted the murder Were they satisfied there had been
a murder committed at all! The learned counsel
went on to urge that the deceased committed self-des'
truction. Though he did not say it was so, he asked
the jury to say whether it was not so. As to his
learned friend proving that a knife found belonged to
the prisoner, the evidence offered was that the knife
supposed to have been the prisoner's was found farthest
from the body. The only thing noticeable relative to
the two knives pointed was, that they did not belong to
anybody in the house; but, was it likely the murderer
would go into the house with a knife in each hand to
commit his horrible deed? The blood on the boy's
clothes was accounted for by the cut on his finger. It
would have presented • different appearance if caused by
• divided artery, the blood tem n which sometimes spouted
out and covered a person several feet distant ; indeed,
Mr. Herapath once proved blood on a garment to be
arterial from the long splash of the blood. The police-
man did not appear in a very creditable light, and there
MAII no mould on the clothes, as the jury would admit.
Let him ask the jury if, upon the dim features presented
by the prosecution, they were satisfied beyond the pos.
sibility of • doubt, and would hence Bend to the scaffold,
a boy just entering on life, and who could not therefore
hereafter be brought back, to whom no motive for the
act had as yet been Imputed? Let them take the poen.
bibility of • NtliOide, of the deed having been committed
by another, the Impossibilities he had pointed out in
Ins review of the evidence, and he should sit down and
leave the ease in their hands, feeling that however feeble
he might have been in the execution of his duty, they
would faithfully fulfil their office.
The learned Judge then summed up. He said, the in-
quiry in which the jury had been engaged for so many
hours was one of the most important character, and was
of the uttnoet importance to the prisoner at the bar,
who was charged with one of the most aggravated and
heinous crime'' and one which if they felt it to be their
duty to convict would result in the most fearful conse-
quences to him. But whilst important to the prisoner
it was also important to the public, because if the crime,
in the judgment of the jury, had been committed it was
of the utmost import that such an inquiry should be in-
stituted that the perpetrator might be discovered and
punished according to the lawa of his country. The
jury etood between the prisoner and the country, and it
was entrusted to them to adininiater justice to both.
The present case was one of • circumstantial character,
and it often happened that it was only by such evidence
that crimes of this sort could be established. However,
though the evidence was circumstantial, if the jury had
no reasonable doubt that the prisoner at the bar warn
guilty, it was the duty of the jury fearleuly to convict
him. They must, too, acquit the prisoner if they thought
the case Wall not proved. It was not possible to dive into
the hu.nan bread, but the records of Courts of Justice
showed that motives, although not strong or suspected
at all, exist for the commission of crime ; yet still their
hest endeavours, their fairest, most honest, most impar-
tial consideration might leave them deficient of an op-
portunity of tracing the motive which might have
actuated the criminal. The case required that the jury
should give, if possible, more anxious, more unwearied,
more patient consideration to see if there was no fair
ground for • reasonable doubt, none presenting Mecum-
stanom otherwise than ooneistent with the guilt of the
prisoner. His Lordship then detailed the general fea-
tures of the case, afterwards considering the question as
to whether the deceased came to her death by her own
hand. He then read the evidence of time witnesses over,
and said the jury wont say whether • murder had been
committed and by whom. The learned counsel did not
gay that • suicide had been committed—although ex-
tremely improbable—but he asked the jury to say no.
The jury must couple all the circumstances together,
and if satisfied that the prisoner was the person who in-
flicted the wound upon the deceased they must not hesi-
tate to say so. In all oases, especially in oases of this
sort, the prisoner was entitled to any doubt; it was only
, when cases left no reasonable doubt upon their minds
that they ought to find the prisoner guilty. It would
, be satisfactory to the minds of the jury if direct proof
of the crime of murder could be furnished, but the ne-
cessities of society required that circumstantial evidence
must be resorted to in order that, looking at all the facts
of the cue, circumstances were proved consistent
with the guilt of the prisoner and inconsistent with his
innocence, when it was their duty to find the prisoner
guilty. His Lordship left the cue in their hands, com-
mending it to their beat judgment. Whilst the pri-
soner's case was in their !muds public justioe on the
, other hand was entrusted to them, and it was incum-
bent upon them faithfully to perform their important
duty.
The jury
then withdrew to their chamber at 10
minutes to 7. and returned into Court at 10 minutes
after, and returned • unanbuons verdict of GUILTY of
WILFUL MURDER against the Prisoner.
The learned Judge then put on the black cap, and
• The Clerk of Arraigns having asked the prisoner if
after his trial by hie countrymen he had anything to say
why sentence of death should not be paned upon kin—
to which the prisoner made no reply,
The Crier of the Court commanded Alsace, and
, The 'weed Jadge, addremaing the prisoner, said—
' jamea Beal, after • long and • patient iimairy you ha,*
been found Guilty by a jury of your country of one of
; the most aggravated end heinous offences known to the
I law. Every topic that oonid have been urged on your
L behalf bee been urged with greet energy and great
abi-
lity by the learned counsel who, at re 'request, kindly
undertook to watch the cam on yomr beat and to laa