The Sun.
London, England, 1864-12-22 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT—LEEDS, Dec. 21.
(Before Mr Justice Keating.)
John Glynn was indicted for the wilful murder of Richard
Jowitt, at Otley, on the 6th November, 1855.
Mr Middleton and Mr Shaw conducted the prosecution ;
Mr Blackburn defended the prisoner,
Mr Middleton stated that the jury would have to pro.
teed in this case with extreme caution, as it was so long
since the murder was committed, and the evidence against
the prisoner rested on the uncorroborated statements of a
aingle witness. On the evening in question the deceased
boy was brought home dying, having left the house in per.
feet health about two hours before. On undressing him he
was found to be stabbed in the stomach. The following
morning he stated a lad had stabbed him. Several boys
were brought to him for identification of the boy who had
stabbed him, but he was unable to do so ; ho died during
the afternoon of the same day—and now, at the end of nine
years, a man named Leathley came forward and told a tale
that the jury w ,uld hear best from him. Leathley also gave
a motive for the prisoner stabbing the deceased, and if they
believed him only one course was open to them, and that
was to bring in the prisoner guilty of murder.
Elizabeth Jowett—l am the wife of Wm. Jewett. I had
a son named Richard. In September, 1855, he worked at
Mr Ackroyd's mills. He took his meals and lodged at my
house at Otley. On Tuesday, the 6th November, I remem-
ber him coming home from work at 20 minutes to 6. He
got his tea and after that he went out. He was in good
health. He left between half-past 6 and 7. He came home
between 9 and 10. He appeared to be in a dying state. He
was as pale as death. I spoke to him, lie was not able to
speak to me when he first came in. He stood by the door.
I took him to bed. The bedroom is upstairs. I took off his
clothes. I noticed that they were stained with blood. I
sent for Mr Ritchie. During the next day some boys were
brought to my house by the constable. My son was con-
scious when they were brought. The boys were shown to
him. The constable afterwards brought the prisoner, be-
tween 3 and 4 o'clock in the afternoon. When the prisoner
was brought one or two boys were with him. The prisoner
stood by the foot of the bed. I stood nearer to my son than
the prisoner. Hebointed to the boys and said, " 1 believe
that is the boy." He said it so loud. that the prisoner could
hear. My son was very weak at the time. I cannot say if
there were one or two boys with the prisoner. I said to
my son " Mind what you are doing,that you do not swear to
the wrong one." He said he did not want to tell, because
they would kill him at Otley if he got better. The prisoner
said nothing. My son lived four hours after this. He was
12 years old the September before.
Cross-examined by Mr Blackburn—There was an inquest
on the body. did not eay before the coroner that he had
said threo Irish boys attacked him, and that one of them
pricked him. He told me when he came in that three Irish
boys had met him, that one of them had pricked him, and
that the three had beaten him. Ho said ho went to the
801 l Inn, and when he left two Irish boys went into the
town. He said there was a big Irish boy got hold of him—
that something ran into him, but he did not know what.
He told me one of the boys said he would " fix" him, that
the boy hurt him, and said, " I have given it thee." My
son always spoke of more boys than one being with him.
He gave me to understand that the boy who struck him
was the boy he struck some days before. No one was taken
before the magistrates.
Re-examined—No boys were brought in after my son
made the statemennt.
John Smith said—l am a superintendent at Otley. I
heard of Richard Jowitt being wounded, I went to the
father's house. I took some boys. I took John Glynn and
two other boys. They all stood at the bottom of the bed.
The mother was sitting by the bedside. I did not hear
anything pass between the mother and lie_r son. I asked
Jowitt if any of them stabbed him the night before. lie
said something to his mother. I did not hear what he
said. His mother said, " Don't swear to any one, if so he
will be hanged." I told Mrs Jowitt that she must not de-
feat the ends of justice. I then asked Jowitt again if any
of the boys stabbed him. He then turned or to his side
and said he thought not. I took no one after. I took
Wynn from the description the deceased gave; he is an
Irishman. After his death I had a conversation with
Leathley. I bad another conversation at another time
about six months after. I had three or four conver-
sations en the same subject. I apprehended the priso-
ner on the 22d of November; he said, "You took me
before, and the boy did not swear to me." The deceased said
that three boys had been playing at tig with him near the
Fleece Inn ; that he tigged a boy that stood in the passage.
The boy caught him at Well-hill, and said, " I have caught
you now, and I will give it you," The deceased said that
he had been struck with a sharp bottle. He died on the 7th
of September.
Joeeph Leathley said,—l am 28 years old. In November,
1855, I was working at Else Gill, which is one mile and a
half from Otley. I know the prisoner. I worked with him.
I was a friend of his. The prisoner then was about 20. I
remember the night cf the murder. I left my work at 8. I
went to West-gate. No one but the prisoner went with me;
we walked together. I saw the deceased Jowitt in West-
hill. He was standing in the street under the lamp. I saw
Wynn go and strike him ; ho then struck him again.
Jowitt fell; he woe knocked down, Glynn lifted him up,
put his hand into his pocket, and Fulled cut a knife. He
struck the boy a second time with the knife in his hand. It
hit the boy in the belly. The prisoner then ran away down
West-gate. I then went home. I had a conversation with
the prisoner 12 or 14 days before. Ile said there had been
a fight between one of his younger brothers end Jowitt,
and said ho would have revenge on Jowitt. They were
at the mill at the time. I was present at the fight; that was
the only conversation we had about the fight. I was taken
during the day to the house of the deceased. I think I went
with Larkin. I saw the prisoner at the mill about one hour
after. I told him I had been to Mr Jowitt's. He asked me
how I came On. I told him the boy Jowitt said it was not
him. I saw the prisoner every day, I spoke to him the same
week about the death. We had a quarrel. I threatened
if he struck me to tell. He said if ever I did he would have
my life. I continued to work 15 or 16 weeks at the mill ;
the prisoner worked there too. Wo were not very good
friends after the boy's death. I then became a soldier. I
stayed in the militia one year and nine months. After that
I went to work at the mills again. I live now three or four
miles from Otley. I went to Burleigh feast in October last.
I saw the prisoner there, He had some friends with him.
They followed me. The same week I told a man that the
prisoner had stabbed the boy. I told James Cooper. 1 never
spoke to the police about it.
Cross-examined by Mr Blackburn—l mentioned to the
police one week after that I knew the man who had stabbed
Jowitt. I told Superintendent Smith. I was not before the
coroner. On Nov. 6 I came from the mill with the prisoner.
Without saying a word he went and struck Jowitt, I was
four yards off. I did not interfere. I saw him fall. I did
not go to him. I saw the prisoner strike him. All I said
was'" For God's sake, dont hurt him." I did not go and
say that the boy was stabbed on the pavement. I saw the
knife. I saw no other boys running away, I threatened to
tell a week after. No one was present when ho told me he
should have revenue. lam sure he made use of that word•
He said he would give it the boy, and said he would have
revenge. It was eight days before the murder that the fight
took place. The boy was on the ground when I went away.
Jowitt could have seen me when I was with the prisoner.
He called me by my name in the bedroom. lam not Irish'
lam not living with my wife. I have left her eight years.
I left her because she went with other men. I left her
owing to the prisoner.
Re-examined by Mr Middleton-4 ton Smith on three
occasions that I knew who stabbed Jowitt. I went away
from my wife because the prisoner threatened my life, so I
thought I had better be off.
Thos. Ritchie, a surgeon, stated that the deceased died
of the wound, and that considerable violence must have
been used.
Mr Blackburn contended on behalf of the prisoner that
the witness Leathley was utterly unworthy of credit; that
the deceased boy Jowitt told quite another story, and that it
was the duly of the jury to acquit the prisoner.
His Lordship, in summing up, said that the credit duo
to a witness was a question for the jury. That no one
could be called by the prisoner to disprove what Leathley
said, ao Leathley was alone on every occasion with the pri.
Boner. If the statement of Leathley was true, there was no
doubt a most brutal murder had been perpetrated. The wit -
ness Leathloy also gave a motive for the murder, and that
was the fight between deceased and the prisoner's brether.
From the evidence of the surgeon there was no doubt the
boy had been murdered, and although no time was too long
to inquire into the death of any person, yet in this case
they must remember that for nine years one man who pro-
fessed to know who the guilty man was had not mentioned
that fact to any ono.
The jury found the prisoner not guilty.