The Northern Daily Times.
Liverpool, Merseyside, England, 1856-04-02 00:00:00

CROWN COURT.-YESTERDAY.

His Lordship, Baron Martin, entered the court at nine
o'clock yesterday, and proceeded with the criminal business.
THE MURDER IN CHISENHALE-STREET.—PhiIip Wall
aged 25, seaman, end James Carr, aged 28, seaman, were,
placed in the dock, charged on a coroner's warrant, with the
murder of James House. Mr. Aspinall stated the facts on
which the charge rested, and which have already become well
known to the public through the police reports. The case was
one resting on circumstantial evidence. The deceased and

the prisoners were seamen. It appeared that the deceased left
his lodgings in Denison-street about eleven o'clock on the night
of the 19th February last. He was to leave the town
the next morning, because he had engaged to sail in a vessel
which was about to leave Hartlepool, and which he was to join
on the following day. The jury would hear what money he
bad with him, and also how he was dressed, which latter was
a very material fact, as a great part of the case wculd depend
upon the identifying of the clothes he had on when he left
the lodgings. It appeared that he went to a publichouse, a few
doors from the place where he lodged, and remained there
until about twelve o'clock. After some conversation
with the landlord he left the public house, in company with a
girl to whom ho was previously known. She would tell the
jury that she accompanied him some little distance in the
direction of her own lodgings, and left him about twenty yards
from a place called Chisenhale-bridge. The next witness
would be a policeman, who was the first witness brought at all
into any contact with the two prisoners. Tho policeman
would tell them that he saw the deceased going across
Chisenhale-bridge, with the prisoners, one at each side of him,
leading him. He took some notice of them, but after he had
asked them some questions he left them, and saw them no
more. The next witness was a girl, who lived in Chisenhale-
street, very near the bridge, and who had occasion to go from
her own house, between twelve and one o'clock, into a cook-
shop. As she went across the street she saw the deceased and
a girl coming across the bridge. Upon coming out of the cook-
shop she saw the deceased lying upon some steps. Sho also
saw the two prisoners standing at some little distance.
One of them was known to her, but neither the deceased
nor the other prisoner was known to her. She would

tell the jury that she also saw another man, a wit;;;;;;
who would be called before them, who came across
and helped to get the deceased up. While lifting him up the
two prisoners came up and addressed the deceased as shipmate,
took his arm, one at :each side, and walked away with him.
The man whose attention was called to this circumstance by
the girl, followed them for a certain distance, and saw them go
through a small street, called Knight's buildings, which led
into a street called Clement street. He watched them ; and a
policeman, in consequence of having his attention called to
them by this man, watched them also. They saw the deceased
and the two prisoners pass through Clement street, and go into
No. 5 court, and the second house in that court. The person
who kept that house would be called, and would tell the jury
that they remained in the house a short time, and would
describe the way in which they left it. It appeared that
opposite to the entrance to No. 5 court was an entry, called
Bagging's entry, in which there were no houses, but a stable.
The woman who kept the house in No. 5 court, would
tell the jury that the two prisoners and the deceased left
her house, and went out by a passage immediately opposite
the opening of Bagging's entry. This was the last
time in which the man was seen alive by any of
the witnesses for the prosecution. He left that house
probably about half-past one. At four o'clock in the morning
he was seen lying on his back, by a carter, who was going into
the stables in Bagging-entry. He was then lying at a distance
of 631 yards from the house which he had left about half-past
one. At the time when the carter saw him, he was without
a considerable portion of his clothing, having no boots, coat, or
waistcoat on. Now, unfortunately, the neighbourhood was
one of the very lowest description, and it was by no means an
uncommon thing for parties to be seen drunk there. Probably
some suggestion of that kind occurred to the carter's mind,
for he did not go up to the body when he first saw it. It
remained there a considerable time, until at last he called the
attention of another man to it. The other man did not choose
to go up to it at first, but, seeing that it remained there so
long, one of them, as they got alarmed, went and found a
policeman, an inspector of police, who was going off duty at the
time, and told him of it. He came, with another policeman,
and found that the man was dead. The body was without a
considerable portion of the clothes, and had a muffler tied tightly
round the neck, which the jury would see, from the evidence of
a surgeon, taken in connection with that of the policeman, was,
beyond all doubt, the cause of death. Now, it appeared, that
after they had left the house in No. 5 court, 'about half past
one o'clock, with deceased, the prisoners were not seen again
until about three o'clock in the morning, when they went into
a house in Banastre street, about a quarter of a mile from the
former place. They came into that house with a third person.
Of that third person no trace could be found. Every enquiry
had been made upon the part of the prosecution, but it could
not be ascertained who he was, or where he went. He left
them at the door, and they went into the house. At that
time it would be seen, beyond all doubt, that they were each
wearing a portion of the clothes of the deceased, and that they
made a statement with reference to that fact, which the jury
would find was of the utmost importance. They did not stay
there very long, but left that house and went to another, where
they slept each with a girl whom they had previously known.
Statements were made in that house, and conversations would
be detailed which were very material. In the morning they
sent a girl to pawn the coat worn by Carr, and the vest
worn by Wall. The girl took them to a pawnbroker, who
hesitated at first to take them in, and insisted on her fetching
the persons to whom they belonged, which she offered to do,
but finally he took them, and advanced her eight shillings on
them. That coat and waistcoat would be identified, so that
there could be no doubt whatever they were the clothes which
the deceased man wore on the night when he lost his life. The
jury would find also that in the first house into which they
went they were asked by the woman who lived there for a
muffler, which it appeared had been lent to the prisoner Carr,
arid belonged to Mary Fanning, the landlady ot the house.
With reference to that muffler the statement was made which
he had already mentioned. The jury would find that the
muffler would be proved beyond all doubt to have been the 1
property of that woman, to have been lent to the prisoner Carr,
and to have been the muffler subsequently found around the
deceased's neck. It would also be found that the muffler
which deceased bad on that night when he left his lodgings,
was found to be worn by the prisoner Carr when he was appre-
hended. The prisoners were not seen again until the middle
of the following day, when they were in a boarding house where
they had something to eat, and where they gave the landlady
the ticket for the coat and waistcoat which had been pledged,
and upon which they were subsequently got back. On their
apprehension, which took place late the same day, the prisoner
Wall was found wearing boots which would be identified as
the boots of the deceased, by the best possible evidence, that
of the bootmaker who had sold them, and who not only sold
them, but had seen them on the deceased in his shop on the
evening previous to his death, at which time he would state
that he also saw the prisoners outside his window. The
police who apprehended the prisoners would relate the different
statements made by them on their apprehension. These were
the circumstances of the case, and if these circumstances were
proved, the learned counsel submitted that the jury could have
no doubt of the guilt of the prisoners.---The evidence of the
landlady of the deceased's lodgings ; of the landlord of the
Public house into which they first went ; the girl who accom-
panied him ; the girl who saw him crossing the bridge; the
policeman who accosted the deceased and the
prisoners, and the man who saw deceased sitting
on the steps, and helped him up, was then
given, and exactly bore out the opening statement so far
without any variation. All the witnesses deposed that deceased
wore a pilot cloth coat, a black satin waistcoat, a figured shirt,
striped trowsers, and a blue and red muffler. The landlord
of the lodgings added, that deceased was in the habit of leaving
these clothes in his care while he was at sea, that he had them
at one time for three years in his care, and could, therefore,
positively identify them. Mary Brophy deposed, that she kept
the house in No. 5 court. On the night of the 19th Feb-
ruary, Carr knocked at her door; she went down and opened
it, and saw the prisoner Carr and another young man, whom
she afterwards knew to be the deceased ; they came in, and
they appeared to be tipsy ; the deceased had a black satin vest
on, and a pilot coat. [The proceedings were here interrupted
by a painful incident. One of the jurors suddenly fell in a
fit, and had to be carried out ot court. A medical gentleman
at once attended to him, and presently certified that it was not
possible he could resume his duties that day. Some discussion
took place as to the course which should be pursued. Finally,
it was agreed that another juror should be sworn, and that his
Lordship should read over his notes of the evidence,
each witness being called, and asked, in turn, if the notes
accurately represented the evidence given. This was accord-
ingly done, and occupied considerable time.] The evidence of
the witness, Brophy, was then resumed. When the parties
came into her house, Carr was dressed as he is now. Wall
was with them. They asked if there were any girls there, and
she said there were none. After remaining there a few
minutes, they went out, and turned down the court. James
Bryan, a carter, residing in Clement-street, was examined by
Mr. Brett, who, with Mr. Aspinall, appeared for the prosecu-
tion, and deposed that at half-past four o'clock he saw the
deceased lying on his back, in the passage called Bagging-entry.
After some time he went into Vauxhall-road to look for a
policeman. Could not succeed in finding one, and when he
came back the body, was there still. Sent another man then
for a policeman to the bridewell. An inspector and an
officer came, and went up to the body. The man was lying
dead. The witness was cross-examinod by Mr. Tindal
Atkinson, who appeared, with Mr. M'Donnell, for the
defence. John Duggan, inspector of police, examined
by Mr. Brett, deposed that about a quarter past
six, upon the morning of the 20th of February, he
went, on being summoned by a person named Hughes, into
Bagging entry. He there saw the dead body of a man near the
stable door. The man was lying on his back with his hands
down by his side, and his legs straight out. He had a striped
trousers on, and a figured shirt. He had no coat or waistcoat.
He had stockings, but no boots or shoes. He bad a coloured
muffler wrapped tightly twice round his neck, and tied in a hard
knot. Witness immediately unloosened the knot, which was
very difficult to untie. His face appeared very black. 'Witness
sent for a doctor. There was no money found upon him.
'William Sayers, surgeon, deposed that he examined the body
of the deceased, and that there was a bluish red mark on his

neck, his mouth was open, and he had all the symptoms of
strangulation. Having heard the evidence describing the
position in which deceased was found, witness does not think
the deceased could have tied the muffler round his own neck,
and then disposed himself in that position. Could find
nothing to account for his death except strangulation. On
cross-examination by Mr. Tindal Atkinson, the witness stated
hat there was no abrasion upon the neck. This witness spoke
in a tone as low as if he were carrying on a confidential whisper
with some one close to him, despite repeated retnonstrances
from the judge and counsel. The cross—examination was
directed to show that the death of deceased might have
resulted from an apopletic fit. Mary Fanning deposed that
she lived in 12 court, Banaster Street : On the morning of
the 20tb February, Wall and Carr, both of whom she had
known before, came to her house with another man; the third
man who appeared like a steamboat man, and whom she had
never seen before, went away after ten minutes, and she has
not seen him since; Carr had on a coat and muffler, and a
black satin vest ; Wall had a black coat, very thick, with a
black velvet collar ; they remained about half an hour ; Carr
chewed her the clothes he had on, and asked her how much
she thought she would get on them in the morning ; she said
she did not know; she asked him for a muffler of hers which
she had lent to another girl who gave it to him ; the muffler
produced by inspector Duggan is hers ; Carr staid she could
not have it because it was o❑ another man's neck ; Carr had
another muffler on at the time, and that was the reason why
she asked for hers; Carr said he would go to bed,
but witness said he should not, for she would call a
policeman ; Carr said he had plenty of money, and
pulled some cut of his pocket ; Wall called to
him to come away, and they went away. To Mr.
McDonnell : The girl who lent Carr the snuffler lived in the
house for three weeks. She was called " Red Mary." No
other girl lived there at the time. To the Judge : Carr
said he would tell me where the muffler was round the man's
neck, but I must keep it a secret. Mary Higgin (the Red
Mary alluded to) stated that three weeks before the 20th
of February she exchanged mufflers with Carr, and gave him
one lent ,to her by the last witness, which she identified as
that found round the neck of the deceased. Mary Anne
Lanerty deposed that she lived in Mrs. 'Washington's house,
17, Court, Chisenhalesstreet. It is a brothel. At five o'clock
on the 20th of February the prisoners came in. That she
was sent out for ale, and when she came in she said an awful
thing had happened in Bagging-entry. Carr said ho would
take a man's life at any time if he had enough of money.
Wall said he would kill a man for ten cents. She did not
think lie was in earnest. This witness deposed that she
pawned the coat and waistcoat for the prisoners at Mr.
Rowland's pawn-office, Vauxhall-street. The clerk refused
to take them at first, unless the persons who owned
them came. She went back for the prisoners, who
came and stated that the clothes were theirs, and they were
taken in pawn, and a ticket given. Thomas O'Brien, clerk
in the pawn office, corroborated this evidence, and identified
the coat and waistcoat, which were handed over by him to the
police. Anne Harrison, keeper of a sailor's boarding house,
deposed that the prisoners came into her house on the Wednes-
day, and had something to eat; they gave her a pawn ticket
for the clothes. 'William Wilson, detective officer, deposed
that he apprehended the prisoners in a house in Waterloo road;
searched Carr, and found in one of his pockets a pair of braces,
and in another pocket is Bd. Witness produced the coat and
waistcoat which was pawned. Carr said he knew nothing about
tho matter, and that ho had purchased the clothes in New
York. John Gresthwaite, detective officer, who was also
present at the arrest, deposed that he searched Wall, and asked
him where he got the boots which he had on, and which
appeared to be new. Wall said he had received them in exchange
three days before from a man who had gone to sea. Wall
asked was there any thing about them ? and witness said he
believed they belonged to a dead man. Wall then said Carr
had given them to him that morning, but Carr said
he knew nothing about them. A third detective officer, also
engaged in the arrest, produced a muffler which he took from
Carr. Mary Martin, a prostitute, identified this mud er as
one which she had given to the deceased before his death, and
which he wore. He wore a pair of braces like those produced,
but she could not identify them. Michael Hannan, clothier
and outfitter, Great Howard—street, identified the boots taken
from Wall as a pair which he had sold to deceased, and which
deceased had on when in witness's shop making some purchases
on the evening of the 19th. Witness also identified the coat
and waistcoat produced as those which deceased wore on that
occasion. Deceased was purchasing another pair of boots, and
he showed witness those he had on, saying two such pair
would do him for a voyage. Saw the two prisoners at the
time ; they were walking backwards before the window whilst
witness was serving the deceased. To Mr. Atkinson : The
prisoner Wall had a red shirt on at the time. Observed the
prisoners particularly, because he thought tbey were going to
steal something. Had seen the prisoners passing his shop before
that night. They appeared to him to be what are called in that
neighbourhood " whitewashed Yankees." (Laughter.)
The witness Mary Anne Laverty was recalled at Mr.
Atkinson's request, and deposed that on the 19th and 20th
of February Wall had on the same shirt as he had on that
moment in the dock—a striped white and brown shirt.
The:case for the prosecution having closed, Mr. M'Don-
nell addressed the jury in defence of the prisoner Carr,
and strongly deprecated the thought of a conviction upon
evidence so merely suspicious as that which for the most
part had been given.: Mr. Atkinson then addressed the jury
on]behalf of the prisoner Wall. He contended that there was
no sufficient proof at all that the death had been caused
by murder, and dwelt in eloquent terms on the unsatis-
factory character of the evidence to support so solemn a
charge. His Lordship charged the jury. After retiring
for about an hour, the jury again came into court and
found heal prisoners guilty, but added a recommendation
to mercy! The prisoner Carr gazed at the jury before
they delivered their verdict with an expression of fearful
anxiety, and after the verdict had been delivered his head
dropped heavily. The other prisoner received the verdict
quite indifferently.