The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1884-12-06 00:00:00

THE WHALLEY WILL CASE.

The elose of the sensational trial at the Central
Criminal Court, which will be handed down amongst
English causes dlebres as the Whalley Will Case, was
not unmarked with dramatic incident. On Tuesday
morning Mr. Justice Stephen concluded his summing-
up. The dull light of a damp December morning
struggling with the lighted gas filled the old brown
court with flickering shadows, and the judge full-
featured and florid with his close-fitting wig, his robe
of scarlet and ermine and his white bands, was the
most impressively attractive figure. On his left was
Mr. Alderman Evans, and on a chair placed to his
right was Toady Stephen, who has been a coastant
attendant at the court &wing the trial. The sheriff in
his furred robe and wearing his gold chain of office,
one of -the under-sheriffs in a black Court suit, a
common councilman in his mazarine blue gown, and
two or three ladies and gentlemen also found places
on the bench. The seats reserved for the Bar were
occupied by a fair sprinkling of counsel learned in the
law, the burly figure of Mr. Danckwerts, and the
dark features of Mr. Gwynn& James showing con-
spicuous amongst them. The galleries were filled,
and the benches setapart forwitnesses closely packed.
Conspicuous amongst those seated in the body of the
court was Mr. Whalley Priestman, the victim of the
forgery. He is a tall, spare-built young man, with
something of a sporting air. Near him was seated his
sister, and most of the witnesses in the case were in
court. During the summing-up, the prisoners ree
mained seated in a row along the front of
the large square clock, under the charge of
a couple of uniformed warders. Thomas, the
ex-railway portk occupied the extreme left. He
is a young fellow of hardly unprepossing appearance,
and barely lovas ths us‘, frt him_ 31 year?.
His features are strongly marked and spare, and his
dark complexion has lost something of the ruddy
tinge that it wore during the preliminary examina-
tions at Bow-street, and has assumed a sallow tone.
He was plainly dressed, wearing a dark grey coat.
Nash, who occupied the central position, is of more
commonplace appearance. He was dressed in a black
frock coat. Gunnell is a man of quite a different
stamp, evidently of a firm disposition, and hard to
shake in his first impressions. He, too, was respect-
ably dressed in black. During the greater part of
the summing-up the three sat as motionless a wooden
images, though Gunnell from time to time passed his
hand over his chin, and Thomas leant forward to com-
municate with his counsel. The judge's sumoling-up was
delivered in a hesitating and colloquial tons,though his
voice grew very hard and stern when he passed some
severe strictures on the conduct of the witness Turner
with rega:d to his drawing up the affidavit for Rees.
Rees, too, was described by him with some sternness.
Several times he blundered over the names of wit-
nesses and prisoners, speaking of Gunr ell's death
instead of Whalley's. His summing-up was con-
cluded at a quarter to two. The jury made a request
for several documents, including the forged will,
which its official custodian made some objection to
surrender into their hands, but which he had to
deliver in obedience to the judge's command. They
then retired to deliberate. At three minutes past
three they returned into court, the foreman
holding in his hand the paper containing
the result of their deliberations. In answer
unafolotusengaduteildtyTi.nhto,rlenaseapiarc,aebtecrlaers
to the usual formal question, the foreman
stated
cclaimed
mguilty,e andtsl amt
eG
untnhd
nieveyil
dl
reserved
Nash
ex-
d-
for witnesses. Gunnell was told by the judge that he
might sit down. Mr. Justice Stephen then asked
Thomas and Nash whether they had anything to say
why sentence should not be passed upon them.
Thomas at once broke into an impassioned speech.
In firm, loud tones he asserted his innocence, and
begged to be allowed to show' how the villainy was
done." It was, he said, a plot to rob him of his
rights. Would the judge only allow him to
write one word on a piece of paper there
in front of the dock and as he spoke
he kept bringing down his hand with ring-
ing force at intervals and he would show
how it was all done. He would do it, he ap-
pealed, with his lordship's own pencil, on any
piece of paper they might choose to give him. Then
he went on to dilate on the care and attention shown
by his wife and himself to the late Mr. Whalley.
They had watched over him night and day, when be
was utterly neglected by all others. Fiercely Thomas
protested that, innocent as he was, he would rather
stand there on that charge than have been exposed, to
censure from a coroner's jury for neglecting. Mr.
Whalley. His remarks were interrupted from time
to time by a loud and passionate outburst or sobbing
from an elderly woman seated amongst the witnesses.
To her he turned more than once, and exclaimed,
"Don't cry, mother, don't cry," adding in one in-
stance, "I've got a clear conscience, and that's more
than Priestman, Turner, and Rees can say as they
lay their heads on their pillows to-night." Nash,
on being asked if he had anything to say,
simply answered "I am not guilty," which elicited a
cry of "Hear, hear" from the person already guilty
of a similar breach of decorum. Mr. Justice Stephen
then proceeded to pass sentence. As he commenced,
the sobs of Thomas's mother were painfully audible,
and the prisoner, turning to her, again said "Don't
cry, mother," and then, facing the judge, added, "I
beg your pardon, my lord." Sentences of fifteen years'
penal servitude having been pronounced against
Thomas and Nash, and Gunnell having been formally
discharged, the judge somewhat grimly regretted his
inability to order the jury any compensation for
their loss of valuable time over the case, but suggested
as a compensation that they should bp released from
serving at the court for some time to come.