The Sun.
London, England, 1863-04-08 00:00:00

CRIMINAL COURT.---This Day.

OLD COURT.
(Before Mr. Justice Wilde.)
THE ACTON MURDER.
Joseph Brooks, labourer, 25, and Isaac Brooks, 23, baker,
were indicted for the willful murder of William Davey, a
police-constable at Acton, on the 19th January last.
The prisoners pleaded not guilty,
The deceased was a police-constable in the T division,
on duty in the neighbourhood of Acton. While so en-
gaged, he made a report to his sergeant in reference
to some wood which had been stolen from a house in which
the prisoners had been engaged as bricklayer's labourers.
It appeared that Joseph Brooks had redeemed his gun from
a pawnbroker's on the evening in question, and shortly
after he came home violently agitated. After the murder
the police went to the prisoner, Joseph Brooks's house, and
asked him if he had any firearms, and he said " No," but he
had left a gun at his place of woi k. They ordered him to get out
of bed, and on turning it up they found a gun between it and
the mattress. It had been discharged. A powder flask was
also found, which it was evident had been attempted to be
concealed. Both prisoners lived in the same house. On
Isaac being asked to spell his name Mrs. Davey recognised
the voice she heard at her door on the night of the
murder. The deceased lived at Petherton-villa, Cavendish-
road, and the residence of the prisoner was but a short
distance from that place. The deceased went on duty at
six o'clock, and he was seen on his beat at eight o'clock,
after he had made his report relative to the removal of the
timber. The constable afterwards went home to feet his
supper. A knock was shortly afterwards heard
at the door, and deceased's wife went to ascertain who
it was. On opening it a man was outside, and
asked for her husband. He said—" Is Mr. Davey at
hand P" She could not distinctly see who it was. She
then called out, " William you re wanted." He went to
the door, and she turned back. As soon as she got away
from the door, she heard the discharge of firearms, and,
on turning round, she found her husband dead. On
an alarm being given, the police at once proceeded to
the residence of the prisoner, and there the gun was found
as above described. The police-constables, and the wife of
the unfortunate man, and a witness named Winning, de-
posed to the above facts, the latter adding that she saw both
prisoners running, Isaac urgingithe other to make haste.
Jane Lake, who came into the witness-box crying, said
she lived with her father and mother at Turnham-green
She knew the two prisoners. Isaac Brooks was married,
and Joseph lived in the same house. Jeseph was keeping
company with her in January last. On Monday, Jan. 19,
at about six o'clock, she went to their house. They were
both in. Joseph had corduroy jacket and trousers on.
They both went out for a short time after she arrived.
They were away about a quarter of an hour. When they
came back Jeseph sat down and asked witness what
time the pawnbrokers closed. She said she would go
and ask her mother. Her mother was out. She told
Joseph her father said 10 o'clock. Upon that Joseph
asked Isaac Brooks to take hie trousers and pawn
them, and get as much as would redeem his gun, which
was at Mr, Ayre's. She went with Mrs. Brooks to Ham-
mersmith. They pledged the trousers and got the gun.
Mrs. Brooks gave the gun to Joseph ; he said he was going
to sell it. At that time Isaac was indoors, and he was so
when Joseph gave directions about the gun. Joseph was
asked where he was going to, and he said to Black Lion-lane.
Witness asked him to let her go with him, but he refused.
He then left the house with the gun. Isaac remained at
home. She was there when Joseph came back. He was
away about 20 minutes. Isaac seemed very restless whilst
Joseph was away, She did not recollect anything parti-
cular that he said. When Joseph came back he had the
gun with him. He put it in a corner of the room.
He said, " God bless the man, if I had him here
I'd shoot him with it." She was not quite sure the
word was " bless." He appeared rather hot when
she put her hand across his face because he looked so hot.
She said "You've been running Joe." He said "No, I've
not." He then went out to get some beer. Her mother
then came in and they both left together about half-an-
hour afterwards. Isaac had been in doors all the time.
When she first saw Joseph he had his cord suit on, but
before he went out he changed it and put on a brown
jacket. The jacket produced was it. When he cams back
he took his jacket off and put it on the stairs. When he
went out for beer he had his cord Jacket on.
The pawnbroker's assistant proved the gun was pledged
in the name of Brooks. It was clean when it was pledged,
but it had been destroyed since it had been redeemed.
Mr, Ayres confirmed the evidence of the girl Lake.
Matthew West said he saw a man getting over the hedge
after the shot had been fired.
By the Judge—He could not see whether he had any-
thing in his hand.
James M'Evoy said he saw a man leaning on the muzzle
of a gun. He was dressed in a dark jacket. He had dark
hair under his chin. (This description corresponds with
Joseph Broks.) It was about a quarter past eight when
she saw the man first.
Emma Rice said she saw a man near Petherton- villa with
something before him. To the best of her belief, it was the
prisoner Joseph.
The Judge—Do you feel confident it was him ?
Witness—Yes. WV ithin half an hour she saw him within
a yard of Petherton-villa.
James Edwards gave similar evidence, but he could not,
on account of the darkness of the night, be certain it was
the prisoner Joseph.
Charles Catlin said he saw Isaac amongst the persons
looking at the body of the policeman.
Prisoner Isaac—Mind what you're at, Charley.
Witness continued—They walked together, and they
agreed it was a cold blooded affair, and that it must have
been done out of spite.
A number of other witnesses spoke to the fact of seeing
Isaac Brooks in conversation with Catlin.
Mr. Bingham, surgeon, of Acton, said when he saw de-
ceased the top of his head had been blown off. He found
23 or 24 shots in the brain. They were No. 6 shot. re
gun must have been discharged close to deceased's b
;tan..
when
Mr. John Searle, inspector of the T
he proceeded to the home of Brooks he founue to
also coat, from
found
the pocket of which a powder flask fell-
somel loose shot, which corresponded Precisely
onded Y with that
discovered in the brain of the murdered man.
This being the case for the pros ion
Mr. Justice Wilde intimated that no ease had been made
out against the prisoner Isaac Brooks, and that consequently
he must be socenitted.
Mr. Best, of the Oxford Circuit, then addressed the jury
for the prisoner Joseph Brooks.
The Learned Judge, at the conclusion of the learned
counsel's speech. summed up the evidence.
The PITY then retired to consider their verdict, and after
an absence of about 20 minutes re-entered the court and re-
turned E. verdict of guilty against Joseph Brooks, and not
guilty against Isaac Brooks.
Proclamation for silence, under pain of imprisonment,
having been made,
The Learned judge proceeded to sentence the wretched