The Northern Daily Times.
Liverpool, Merseyside, England, 1856-12-31 00:00:00

THE SOMERSEISHIRE MURDER.

EXTRAORDINARY SCENE AT AN INQUEST.
The inquest on the body of John Aplin, who was found
with his throat cut in a cart, in a gloomy lane, abent one
mile from Wiveliscombe, on Tuesday last, was held before
Mr. Munckton, the district coroner, on Saturday, at the
Town Hall, Wivesliscombe. Mr. 'gratrend, solicitor,
watched the proceedings at the request of the prisoner's
father, a respectable old man, living at Upton. Mr. Goold,
the chief constable, has offered a reward for the recovery of
the purse in which the murdered man carried his money,
of which a sovereign yet remains to be discovered.
Eliz ibeth Hutchings, servant at the White Hart Inn,
Wivelisee'mbe, stated that she saw the prisoner and
deceased at their house on Tuesday last, and on the
latter rising to go, the former persuaded him to partake
of more beer. Samuel Willicombe, the 'ostler, deposed to
the circumstances under which Nation went away with the
deceased la his cart about pine o'clock on Monday night.
He stated also, that Aplin while standing by his cart
polled out his purse and counted five sovereigns. The
evidence of several Other witnesses,, who saw the two men
start off together, having been taken', john Hayes, labourer,
stated that about half-past nine he was siting in his house,
when he heard a cart coming down the road from Langley
at a rapid pace. Ho heard the horse stop at the gateway,
and went out with a light ; he saw a man lying in the cart
With his throat cut ; it was John Aplin. He was not
quite dead; his chin moved, and a goggling noise came
from his neck. The body was warm. Dr. Edwards
described the position of the body and the stains of blood
deceased's clothes, &e. The waistcoat and right
-breeches pocket had bloody finger marks upon them. The
;throat was cut, beginning two inches below the right
ear and extending seven inches across, terminating
one inch below and one behind the left ear. An instrument
such as the one produced—(the blood-stained kuife found on
the prisortel)—would make such a cut. Police constable
. Collard said : In company with Tont and Rockett, con-
stables, be arrested Nation, the prisoner, on the road near
Lowtrow's Cross, about a quarter before seven, on the
morning of the 24th inst. He told Nation fie apprehended
him for committing a wilful marder the night before ; and
.he replied, "You don't mean it At the Lowtrow Cross
public house, he searched the prisoner, and found on him
one sovereign, and tenpence in copper, the knife produced,
and a watch and chain ; the knife was bloody, both the
blade and handle. He asked Nation how it came bloody,
. and he said be had been cutting a piece of beef. He
searched the prisoner a second time, and found three
sovereigns, and a bunch of keys, one of which unlocks
the
_carpet bag. Witness went with Mc. Feather.
stone, and compared the prisoner's left boot with a foot
track about fifteen yards from a pool of, blood, near the
scene of the murder, and they corresponded. The coroner
commenced his summing up, when almost immediately the
cast iron girder supporting the cross timbers of the floor
gave way and mapped asunder with a loud report. The
court was crowded, and, as may be supposed, terror and
dismay sat on every countenance. Many who were Them-
selves trembling with apprehensive nervousness, called out
to the people to keep quiet, and at length, through the
coolness and presence of mind of the- magistrates, who
requested those fear to retire slowly, the court was
cleared in half an hour, except of the officials and jury.
Happily the timber sustained the weight, and no personal
accident occurred. A verdict of wilful murder against
Thomas Nation was returned, and he was committed on the
c ironer's warrant, and subsequently by the magistrates, for
trial at the next assizes at Taunton.

THE ROYAL BRITISFI
BANK.—THE DIVIDEND —The
sudden manner in which the meeting for the declaration of
the long looked for dividend under the bankruptcy distri-
J bution of this estate took place after the decision of the
Lords Justices confirming the judgment of the Vice-
ChancellOr Kindersley, and the handing over the assets in
hand by the official manager, Mr. tfareling, to the assignees
in bankruptcy, is likely to cause considerable disappoity-
anent amongst a large body of creditors, who, having only
proved their deb's before the official manager, and not,
having taken the double precaution of proving in bank
roptcy, will be deprived of the right of participating in the
first dividend;` and to that fact, no doubt, is to be
attributed a dividend of ss. 6d. in the pound on the debts
proved in bankruptcy, amounting to about £350,000,
whereas the debts proved before Mr. Harding, the official
manager, amounted to about £500,000. Since the
declaration of•the dividend, which will be completed and
payable this week, those creditors who had 'failed to prove
in bankruptcy have done so in shoals, but unfortunately too
late for them to receive the benefit of the first dividend.
Their proofs will be entered on the proceedings, and at the
next dividend meeting they will be entitled to be paid the
amount of the first dividend of ss. 6d. before the second is
declared.

"I AM NOT A MAN !-I. AM A MAJOR !!" I

THE HEAD-CONSTA.BLE CHARGED WITH AN
ASSAULT.

Yesterday, more than usual excitement was manifested in
the Police Court, in consequence of its having been understood
that a summons had been issued against the Head-Constable,
charging him with having, on Sunday, the 21st inst., as aulted
one John Stewart, a constable belonging to the Liverpool
Police force The summons was issued against John James
Greig, and was returnable at eleven o'clock, at which hour,
punctually, the Head Constable entered the court, and took
his seat in the witness box, where he remained during the
hearing of the case ; but, at times, certainly, exhibited much
uneasiness. Mr. Campbell, solicitor, appeared to conduct the
case for tho complainant. The case having been called on,
and the Head Constable having answered to his name,
Mr. Campbell sa'd : May it please you, sir, it is my
painful duty to appear to day, on behalf of the plaintiff in this
case, and I do assure you, that I sincerely wish that some
other professional gentleman had the duty to perform ; for,
when we consider the respectability of the defendant, the
position in which he moves, the great responsibility of the
duties he Las to perform—in conducting, efficiently, so efficient
a iotce as that of this town—the duty devolving en him is,
indeed, onerous ; but, at the same time, I hope I shall not be
offensive in anything I may say—l will not shrink from the
duty imposed upon me, by representing my client. It
appears that in this case the complainant was a police constable
belonging to the Liverpool police force. On the evening of
Sunday week last he was on duty in Duke street, and it was part
of his beat to attend to Dr. Rt.ffles chapel, and to see that the
best older was preserved there. There was another policeman
on duty near St. Mark's church, and another, whom the com-
plainant would speak about, in the neighbourhood of Duke
street. It so occurred that the othor two constables had to
take a disorderly character to the bridewell, and it therefore
became part of the complainant's duty to watch over the beats
of the other men, to see that there was no disturbances, or
anything improper going on. He was so engaged, and after the
two officers had returned to their heats he had a short conver-
sation with them, and then left to go on his own beat. Just
after he had left the two others he turned round, and saw the
Head Constable of the town i❑ conversation with the constable
he bad just left. The complainant passed on, bat soon after
the Head Constable came up to him, and I will, as well as I
can, endeavour to describe to the court what took place. The
complainant saw the Head Constable speaking to Gordon, and
was then going along Great George street. He left 118 (Lyon)
near Dr. Raffles chapel, and was, as he will say, walking
smartly on, when the Head Constable walked up to him and
said, " What beat are you on ?" Hie reply was," Great
George street, sir," at the same time making the salittation that
is usually made to the Head Constable. He was then ordered
to go to the other end of his walk; He replied, " Yes, sir,"
and again saheed him. The Head Constable then said,
"This will not do for me," and again ordered hint to go on
quicker, repeating the word " quicker," " quicker," seven or
eight times, and each time he repeated the word " quicker,"
lie applied the cane ho held in his hand across the man's hack
and shoulders. lTpon this the man very naturally turned
round and said, " If I am to go on and walk, I will walk ; but
if you tell me to run, I will run." The Head Constable then
turned round and said, " Do you speak to me in such a
manner ? I am a Major and the Head Constable." The
man at that time had not spoken anything impropnr, or been
impertinent in the least degree, and was walking much faster
than the regular pace. The Head Constable said he would
immediately suspend him, and ordered him to give up his
armlet, and go home. The man told him he did not want to
go home, upon which the Chief Constable said, " Well, then
you shall go to bridewell," and then ordered him there. Now,
all this took place in the street, and was the occasien of some
little disturbance, and perhaps the insult offered was
more than one man could bear ; at any rate no
man had a right to put up with it. No man
would feel justified in having such a disgrace put
upon him. There ie no doubt but that the Major has great
responsibilities upon him in fulfilling the duties he has to
perform ; but, holding that position, he has no right to enforce
his commands with undue severity. Of necessity, he has great
authority over the men under his command, but, as a man, he
has a right to exercise that authority with .moderation, and he
has a right to respect the feelings of every man under his
authority, is carrying out what he conceives to bo his com-
mands. Although the position of a policeman is that he is
subordinate to others, it appears to me that, however high the
person holding authority over him, ho has no right to descend
from the high position he holds, and inflict on that man any
inhuman degradation, and make him so to feel, that he is sub-
mitted to the like treatment of a dog, rather than the treatment
he has a right to expect in this country. The Chief
constable must know as well as I do that there are men in the
force, of which he has the command who have feelings as fine as
any man—some who have been brought down from their
former positions in society to fill the place they now occupy,
but whose feelings and sensitiveness is as fine as those who are
placed over them, and hence have no right to have those feel-
ings violated. I will not say one word in order to disparage
the character and the feelings of the chief constable, as we all
know his public worth, and the respect wo all have for his
private character ; but this man feels that he has been
wronged, and, therefore, comes before you to seek for redress. I
will add that, while in the bridewell, there was a conversation
which took place, in the course of which the complainant said
" he thought it was a pity that such a man should have autho-
rity over others ;" upon which the chief constable said that he
was not a man, and he was a major, and the head
constable ; but the bridewell keeper had observed on the occa-
sion, that he felt surprised that the complainant should have
behaved so, thus showing that he was respected. Why such
authority should be.usurped over amber, he could not tell ;
but I will not say any more on the subject, but call upon the
complainant to prove the case, as I have stated, and leave the
Head Constable to offer what justification he can for the
course ho has pursued.
John Stewart, a fine, strong looking fellow, was then est/ern.
He said : I was a policeman in this town. About seven o'clock
on the evening of Sunday week, I was on duty in Great George
street. About halfpast six o'clock I had occasion to walk the
beats of two policemen, ;Gordon and Lyons. They had
occasion to take a disorderly. person to the hridewell. When
they returned, they asked me if I had seen Inspector Hough.
I told them that he had been there; and that I had told him
that they had gone to the bridewell with a disorderly.
After that we each separated to go our respective beats. I
turned round as I was going up Great George street, and saw
the Head Constable talking to Police constable Gordon. He
then came up to me, and asked me what beat I was on. I
told him that it was Great George street. He told me to go
to the other end of the heat, and I walked on smartly ;
when he said, " quicker." I was then walking on,
when he said, "That will not do for me ;
" quicker !" I was walking on when lie said, " (picker,
quicker," which he repeated seven or eight times, and each
time ho repeated it he struck me over the shoulder with the
cane. [The witness here caused some laughter in the court,
-by trying to repeat the word "quicker" as rapidly as he had
the blows across his shoulders.] I turned round to him and
said, If you have anything for me to do at the end of the
beat, I will run." Ho then turned upon me and said, " I
ama Major and the Head Constable; I will suspend you at
once ; give up your armlet, and go home." I told him I did
not want to go home, when he told me to go to the bridewell.
I turned round to go there, but he kept repeating the words,
" quicker, quicker," and was iu such a furious passion that be
walked much faster than I could run. When I got to the bride-
well, he told me to give rip the uniform. He told Wilson (the
bridewell keeper) that I had been disobedient, and had disputed
his orders. Wilson said he did not think I should have done
so. I then said that I " thought it was a pity that ono man
should have so much authority over another," when he said,
"Sir, I am not a man, I am a Major, and the Head Con-
stable," The witness then produced a testimonial, which he
had received from all the inhabitants of Great George street,
stating that he bad never been uncivil, but had attended
strictly to his ditty. This, however, being a written document
could not be read.
The Head Constable declined to cross examine the witness
on any part of the statement he had given.
Mr. Mansfield : Then that is the case. for the com-
plainant.
The Chief Constable : Now, I will now make my statement.
Sunday is a busy day with me. On that day I went to all the
stations. In the afternoon I went to [hero the Chief Constable
repeated from the book all the places he had visited], and in
the evening I went out again. My instructions are, on the
Sunday evening, that the police should pay particular attention
to all churchee, and chapels, and schools, and every place of
religious denomination, and that they should see that there
is no dispute or disorderly conduct to annoy the congregations.
After I came out on Sundey evening, the first place I came to
was St. Mark's church. I then heard a noise, which I felt
assured must disturb the congregation, as service had just
commenced. I, of course, looked for a policeman where I
ought to have found one, but he was not there. I went towards
Dr. Raffles chapel, and there I saw throe policemen talking
together. This was at a quarter past seven o'clock, at the time
the service had begun in all places of worship. When the
three saw me they separated, and I went up to one, and asked
him what he was doing, and he told me he had been with a
disorderly to Jordan street bridewell, and I told him to goon
his beat. I then went up to the next, and told him to do the
same. I next came up to this man, and I asked him what
beat he was on? He said Great George street, and I then
told him to go to the other end of hie beat, as we had protec-
tion enough there. He moved on very slowly, and then I
said "quicker, quicker," but he did not increase his speed ;
and I having this "little switeh" in my hand, put it on his
shoulder, just so. [The witness explained the mode he had
done it in, by just drawing his stick through the air as a body
would endeavour to frighten a fly from the head of
a petted poodle.] After that he became impertinent
to me, and I threatened to suspend him. I ordered
him to the bridewell, and when he got there, some time after

me, I told him to give up the uniform, upon which lie said,
" It is a pity that any one man should hate so tntich,power
over another," which• I considered impertinent. I then
thought the whale matter was concluded, but as he was leaving
the door he said, " I would not have cared if you had -not
assaulted me." I then knew the sort' of man I had to deal with,
and I said to him, " You say that I have assaulted you, now,
on your solemn word, did I do more to you than that" (just
touching his shoulder with the cane,) and he said, " No, I had
not." It is not my p'lee, as a superior officer, to stand in the
street and argue with my men. If I see them looking into a
silversmith's window, I touch them on the shoulder, and tell
them to go on. Surely that is not an assault. I mix with my
men, and I give them ev: ry.instruction, as a proof of which I
can say, that during the year 1855, I made 1,354 visits at
different times, and mixed with them. Now, all I have to
say is, that if a tap on the shoulder, with my little twitch, is to
be converted into an assault, I do Lot see much safety for
myself or my superior officers. At ill • time I had an entry
made in the memorandum book of the bridowell, of the occur-
rence, which I will read-7
Mr. Campbell : I shall ol,j,•et to that.
Mr. Mansfielu : It is not admissible. But you could have
cross examined the witness, if you had pleased, in order to test
his veracity.
The Chief Constable : Well ; have you been reported for
being in liquor.
Complainant : Yes, twice ; but I was not in drink.
The Chief Constable : Have you been reported for being in
a public house ?
CoMplainant : Yes ; once.
The Chief Constable : How long have you been in the force?
Complainant : Two years and nine months.
The Chief Constable : That is all I ask.

The Complainant: I have never been drunk ; and when
reported for being in liquor, it was on the New Year's Day.
Wilton, the bridewell keeper at Jordan street, was called,
ana he fully corroborated the statement made by the Head
Constable as to what took place in hie presence. In answer
to Mr. Camphtli, he said, he thought he might have said, that
he was surprised that the complainant should behave so ; but
would not swear that he had, and he, thought ho might have
heard the observatioa, " I am not a man ; I am a Major, and
the Head Constable ;" —but he could not e,y positively. He
was upon his oath, and had stated what he believed to be the
truth; end if he was to' be cross examined for an hour, they
would not get more nut of him.
Mr. Campbell : After the last observation, I shall not ask
you another'question.
Mr. Mansfield : It seems to me that much more importance
has been attached to this case than it deserves; and the only
object the complainant could have had in view was the annoy-
ance it would give to Major Greig, and from what we have
heard, I do not believe that there was any assault intended,
nor had it at the time been thought to be an assault, There was
a great difference in using the word "quicker" amongst the
people, than there would be among a military or semi-military
force, the same as our police was. There was no doubt but
that the man was moving on sluggishly, and that the Chief
Constable had said quicker, and had touched him with the
cane, as he would have touched him with his hand, if he had
not had not had the stick in his hand—then it would not have
ben considered as an assault. There was no doubt but that
the last was an after thought, and he thought that the police-
man had done himself but little credit in bringing the subject
forward. He perhaps might have been annoyed at being found
loitering, and had turned sulkily, and did not stir when told.
However, he did not believe that any assault had been
intended, and therefore the case was dismissed.
All the parties then left the court.