The Northern Daily Times.
Liverpool, Merseyside, England, 1856-12-24 00:00:00

THE lURY

Messrs. S. Bail'ff, J. M'Whirter, T. Xenway, R. Hard-
groves, H. S. Bristowe, R. Gray, H. Robinson, T. H.
Galloway, M. M'Keatinsr, T. Browne, J. E. Thomas, J.
Burnell, J. Taylor, R. P. Evens, and B. Smith. The foreman
and jury then proceeded to view the body of the deceased,
_ _

after Which, the following evidence was adduced :—Mrs
Jane Sofiley, the wife of John Softley, the captain of a
vessel. but residing in Chrster Street, Birkenhead, was the
first witness examined. She said, about half-past one
o'cl )ck this morning, I had occasion to send tot a policeman.
I did so because there was two men knocking at my door,
which is a public house, and I could not admit them. The
door was fastened but the lights were not out. They kicked
olently at the door, and I opened it and pushed them
I told them to eo away. They then went to the other

second. I thin said, " Oh, I wish I could
and Patrick Fox, who was in the house at the tim
two others went for one. The two men still kept I

t an office

at the door,

I was much frightened, and I sent th

to look out of the window to see if she could see a con

Toe two men then ran away, one of them into the fiel
went to the door, when the girl called out, oh, he has

he house ag

a brick, and I went into
minutes the deceased constable came up

yin. In a few
hen one of the

men said, " why can't we get drink as well as other people."
The stoutest man of the two (Smith) looked in at the door
and said, " it, is now between one and two o'clock." I
said, never mind, I will not draw you any drink. The
deceased then asked me if I would give them in charge. I
said ..no, if they would pay me for the damage done to the
door and leave the place. They said they had only is on
them, and I said never heed it, get away from the house.
The deceased then told-theth to—get-away home, and he
walked down the street with them. By the Coroner : Did
y IQ. give them into custody Witness : No, I did not. I

'did sot
see anything mere of them or the deceased. I can't
`saywhether the men were drunk or sober, but I thought at
first they -were drunk. bat from the way they talked I
c innot now be positive. I think I should know the two
men again. (The two men, Smith and Breen, were then
brought into the court.) Those are the two men. It was
the stoutest (Smith) that was the most violent. I
'aria sure these are the two. I did not hear
any altercati.-ai between the deceased and the prisoners. I
never beard any provocation given by the deceased. By a
Juror: They had not been drinking at my house in the
cit.r eof the day or night lam sure the men knew quite
well what they were after at the time they were there. The
priaciner Smith : That is quite correct what she says, I did
kick the door. The prisoner Breen : Can you say that we
b )th kicked the door ? The Witness: No, I 'can't, but I
know that the stout one did. Patrick Fox, a groom, stated
—I live in Albion street, Birkenhead: Last night I went
to the house of the last witness, and she asked me to go for
a police constab!e. This I think was between one and two
o'clock this morning. I met the deoeased when I was about
twenty yards from the police office. I told him that I had
been sent for a policeman by Mrs. Softley, as two men were
trying to force their way into the house. I went in front
of the constable, and when I returned to her house I saw
the two men at the door. They were then only speaking
through the door. The decease I went OD to them and told.
them to go herne. They then said, " Well, Mr. Vaughan,
you will excuse us, as we want nothing more than a glass of
0,o-teething to drink " The deceased told him that they
Viuld not get anything to drink that night, and that they
14d better go home and go to bed. Mrs. Softley then
Opened the door, and told the deceased to see them off, but
I can't say the exact expression. The prisoner Smith : She,
told him to take us to bridewell. The Witness : The men;
went quietly away, and the deceased followed them a short'
distance. That is all I saw or heard. The Coroner : In,
what state.where the men. Witness : They were more i
-drink than they were in sobriety, but I can't say tt _
were drunk. I know both the prisoners by eyesight; and one
(Smith) by name By a Juror : I was as sober at the time
as lam now. I went on my way home, and as I was going
along I.heard that the man was stabbed. I. returned to
acquaint Mrs. Softley of it; but she had heard of it. lam
sure that Smith knew Vaughan, for he said, " I know you,
and you know me, Vaughan, but I know you better than
you know me, Vangnan." The prisoners did not put any
question to this witness. Joseph Lawton, a car driver,
s ed, I knew the deceased, and spoke to him, last night.
This morning I went into the house kept by Mrs.
Softley, and had a glass of ale. This was shortly after

one o'clock

from th
glass of
in. O

. ThPre was a person knocked at the dcor
tside, and said, " It is all right—we want a
o' Mrs. Salley said she could not let anybody

"We will come in ; you have got
some carmen in, and why not let Fs in ?" She refused to
let them in, when they began to kick the door. She opened
the door, when bne of them rushed in. and she pushed him
back by the shoulder. The prisoner Smith is the man who
rushed into the house. When the deceased came up we
were all outside the door. Mrs. Softley told the deceased to
persuade the men to go home. Theretlid not appear to be
any angry or bad words between the parties.
went round by Halliday's corner. Iliad the deceased

The men
stood

,ether at the' corner for about a minute or so,
when one of Ihe men came mini towards Bridge street. I
leceased turned round

talkinz t

can't say which man it mg

and met him, and caught hold of his arm, saying, " Where
are you going ?" And as he turned him round he said,
"Go home with you." I did not see anything more of
them until I beard a great noise at the corner of Bridge
street and Hamilton street. I then ran towards them. I
saw the deceased undoing his belt and taking it off. When

THE

I got up to him he seemed to stagger, and I put my arm
round him and said, " What is the matter Vaughan ?" He
replied, "I am done, Joe—l am done, Joe—l am done,
Joe." I then assisted in putting the deceased into the
shandry. Police Constable Whitehead was with the
deceased when I went up to him. I went with the deceased
to the station house, and stopped with him until he died.
The prisoner Breen was close to the deceased when I went"
up to him at the corner of Bridge street. The deceased's
clothes was taken' Off, and-rtavrthat he had srwounchni the
left side:of his breast. By .a Juror The, prisoner Smith
was abOut twenty yards .off. By the prisoner Stni‘h : I was
-not drunk that I know of at the time, ',did not hear Mrs.
Softley tell you that you might have two glasses of whiskey
if von would drink it at the door. I will swear that she

dial not say so. By a Juror : The prisoners were
not drunk at the time. The prisoner. Smith was in
custody, and the other urisoner said, " When I took
hold of the deceased, " What have you got to with it ? Let
sta.'

the men go

belonging to the Birkenhead police force. Lie deceased,
William Vaughan, was also a member of the same force, he
was in it before me. I have been in it two years and three

when a car-driver told rae they had

months. Thu morning, a
I was at the Woodsid

ten_ mina

4 past two o'cloc

)king for a policeman to go to Satley's public house.
making the best of my way up, when I met the
d and the prisoner Breen at Halliday

H

c-irnar, a

said, " Th.i•have.. been kiekinc;

pane in." I askel him

aby more, and he said, " Yes, there is another
along Bridge street." He said "I know him by sight, but
not by name."
where they lire

I said it is best to get their names and
I then asked Smith where he lived, and
"At home." I then said " What
" I know that and that is plenty

ply to m,

is your name."

good enough." I said we shall rv,t stand this from you, if
you don't give us your name and address, we will put you in
Bridewell. Smith said he lived in Broke street, an I that w^
all he could tell. I then said to the deceased "
them to Bridewell at once." The deceased then ciugh
hold of the prisoner Smith, who was not for going

sonar Bre3n. I saw by the motions of tha

et us , ake

T Smith

that he was striking the deceased with his right hand
in the breast, but I did not see any knife The deceased all
at once let go of the prisoner, and said " He has been using
a knife, he has stabbed me." The prisoner Smith then
ran away, I was going tate, him, when I saw Clarke,
another policeman, about twelve yards from him. I shouted
to Clarke to stop him as he had stabbed Vaughan. Clarke
then met Smith, and knocked him down. When I got up
Smith was lying on the pavement and Clarke with him.
He was then brought to the Bridewell. The deceased,,
Vaughan then came ap, and said " I am dying." I
left Vaughan in charge of some persons there
and ran for the doctor. After I had reported
the case at the station house, I took a lantern, and went
where the scuffle bad taken lace, and I there found this
knife. (The knife was produced, and was a common
pocket shut knife, the blade being about four inches in
length, with a very sharp point). There were several
marks cif fresh blood on the blade, and also on the handle.
The prisoner's (Smith) hands were bloody. (The deceased's
coat and clothes were produced. There are four cats on the
left part of the deceased's overcoat. His inner coat, and all
.his wearing apparel, were completely saturated with blood,
but only one cut had perforated the under clothing. . There
was a fresh cut on the prisoner Smith's right hand when
be was taken into custody. The prisoners were in drink,
but could not be called drunk. By ' a juror : It is im..
possible that any other person, except the prisoner Smith
could have inflicted the wound which caused Vanghan's
•death. By the prisoner Smith : It was about 10 minutes
after you were at the police office that I brought in the
knife. It was not more than that. I and Vaughan told
you we would bring you to bridewell, because you did not
give your name and address. The prisoner: I did nut hear you.
Charles Clarke said, when I was on duty this morning the
last witness called to me. It was about ten minutes past
two o'clock: I was at the corner of Hamilton street.. I
heard Whitehead call out "stop him, stop him, he has
'stabbed Vaughan." The prisoner (Smith) was then running
towards me from Bridge street. When I came near to him
'he drew back his hand and said, " look out, you b "
1 then struck him on the head with a stick, and knocked
him down. Whitehead then came up, and assisted me to
get the prisoner off the ground. I then took him into
custody. I had charge of the two prisoners in the police
office for three quarters of an hour, during which Breen
asked if Vaughan was dead. I said, yes, he is." Breen
said, "I am very sorry for it," and Smith said, " and so am
I," Smith would not talk. He was under the influence of

By Smith : I pat the handcuffs on you when you
were in the station, and not at the Woodside. I did not
strike you in the fact when you were handcuffed, and say,
" what could Ido to you." Mr. M. Jennett, a surgeon,
said : About twenty minutes past two this morning, I was
called up to visit the deceased. I came to the police office,
and found him in a dying state. He slightly rallied, but
died in about twenty minutes. I examined him, and found

on the left

le ; it was an inch lon

There v

to account for death

Phis afternoon

I made a

post mortem examination of the body, and I found the wound
extended two inches and a half oblively, and then it went

zontally, injuring the apex of the

There was a

e opening into the left venticle of the heart, the wound
there being about the third c-f an inch, which was the cause
f death. I have seen the knife produced, and it is such
n instrument as would inflict such a wound, if used with
Phe prisoners did not put any questions to this
The prisoner: Is Mrs. Hilton, of the Conway
Arms, here, or her daughter ? If they are, they can prove
that we had five or six glasses of whiskey, and hal more
beer at the north end of the town. The Coroner : I suppose

A itness

you want to show that you were in drink ; but drunkenness
is no excuse for crime ; therefore, I do not think that
evidence. is, of much consequence. Mr. Superintendent
Bernie having intimated to the court that he had. no other
witness to call, the Coroner called upon the prisoners, after

the usual custom, to make any statement they might wish
The prisoner Smith said they went to Mrs. Softley's door

and asked for wine i

Dftley said slai n

give us some ontsh..., would not let us in. I said, " You
have cabmen in ; why not let us in." I then knocked and
kicked at the door. When they sent for the police, I hid
up, but I came out agaitr,--and was talking at the door until
the deceased, Vaughan, came,up, and I told him I wanted
only a glass of drink. Mrs. Softly came to the door, and a
woman at the window said, " charge them up." Vaughan
told us to go home, and we were going home, but one of
them wanted my address, and I would not give it to him.
I went towards Albion street, and had irt been
walking easily more than a minute, when Vaughan
came up and hit me very violently with the
stick on the back, so I turned round and said, Mr.
Vaughan, don't ill use me like that ; if you want me to go
to bridewell I will go. He then got ,his hand fast in my
throat, and ill used me with the stick on my shoulders, and
I had no other way of defending myself. That is a'l I have
to say, except that I did not do it with the intention of
murder. The prisoner Breen was never near. Vaughan.
The Coroner then summed up the case to the jury. He
said the facts of the case were so clear, that it was quite
unnecessary for him to detain them with any observations.
He briefly narrated the facts, and then left it to the jury to
say whether they would consider Smith responsible for the
act he had committed; but of course, if there was a doubt,
they would give him the benefit of it. , With regard to the
other prisoner, there was no evidence against him, and
therefore he thought they would exclude him altogether
from their verdict, but he could not see how, on the uncor-
roborated statement ,of Smith, which was not much to be
relied on, they could do less than find a verdict of wilfal
murder; but still, if they believed it, and thought that be
had been used by; the deceasdd as he had stated, then they
might find a verdict of manslaughter. The jury retired at
five minutes after eigfie;airafter an absence of five minutes,
returned into court with a verdict of wilful murder against
against Thomas Smith. -The prisoner was then committed
to take his trial: at the next assizes. Upon ' the prisoner
4earing'the verdict of the jury, he turned dreadfully pale.
and it was with great effort that he could keep from shedding,
tears. He evidently felt the awful position in which he
was placed, although throughout the inquest he did not
appear to be paying much attention to what was going on,
being in a sort of stupor. At the time the inquest closed,
there were hundreds of persons waiting about the court to
ascertain the result, and during the hearing, the interior of
the court was crowded by the inhabitants of the town.