The Sun.
London, England, 1863-12-19 00:00:00

ASSIZE INTELLIGENCE.

NORFOLK CIRCUIT—CAMBRIDGE, Dec. 18,
(Before Mr. Baron Martin.)
THE ➢rt:RAEIL AT WHITTLESEY.

The two prisoners, John Green and Wm. George Smed-
ley, were again placed at the bar and the trial resumed.
Mr. D. D. Keane and Mr. Markby for the prosecution ;
Mr. Metcalfe and Mr. Orridge for the prisoner Green; and
Mr. Sergeant Tozer (specially retained) for Smed ley.
The prisoner Green is a powerful young man, exceedingly
well made, and not by any means ill-looking. He was very
watchful all yesterday, and seemed thoroughly to understand
all that was going on, and during the summing up to-day
kept his eyes fixed upon the judge, and listened attentively.
We were not able to give the medical evidence yesterday,
but to-day it is in full.
Robert Hetley Crisp, a surgeon practising in Whittlesey,
being sworn, said—l was called to Mr. Whyle's Malting
at about a quarter past 6 on the morning of March 12. I saw
a body lying near the furnace. The face of the deceased
was upwards. and turned towards the left side. The arms
and hands were raised from the body, the knees drawn up
towards the body, which was on the back. It was naked,
all but the stockings and boots. It was much blackened by
smoke or fire. The face was not so dark as other parts. The
hair was very short and appeared to have been burnt. I
saw all this by the light of a lantern in the hands of one of
the bystanders. The furnace-room, where it was lying, was
very dark. In trying to raise the body I took hold of the
left arm. Smoke was still issuing from the chest, and upon
throwing water upon it there was a hissing sound as if some
part were still on fire. I took hold of the fore part of the left
arm in trying to raise the body, and found the arm broken
above the elbow. The arm was held together by the muscles,
and the fore arm was complete. What is called the humerus
bone was broken and a piece of the bone missing. That
piece has never been found. The parts of the bone left
were not charred or calcined. The right arm was raised up
a little higher than the left. I helped to take the body
into the pump room, and then made a closer examination.
The eyes had collapsed and the humours had escaped. The
tongue protruded between the teeth, which were tightly
clenched. I noticed nothing about or upon the throat,
except that it was of a bronze colour from the smoke or fire.
The left side was open and a great part of the integuments
gone. The cartilage of some of the ribs and portions of the
bones were entirely absent. The middle portion of the ribs
between the front part and the cartilages was gone. Seven
ribs were gone, Upon examination I was of opinion, and
am now, that they ware broken by violence, because the
edges of the bones left were rough and uneven. Part of the
cartilages were attached to the sternum. The viscera of the
left aide and left lung had been acted upon by fire. I could
see the apex of the heart also burnt. The akin still covered
the right side, but was discoloured by burning. The hips
and thighs had blisters on them. The right side of the back
was very much burnt. The left side was also much burnt
and the skin gone. I did not that day come to a conclusion
as to how death had been produced. On the 14th I noticed
the mouth more particularly. There was no sign of any
ligature upon the trachea. I examined the fracture of the
humerus. It was oblique. The edges of the remaining bone
were not charred. They were smooth. I was of opinion
the fracture had been produced by the entry of some sharp
instrument. The fracture of the ribs I think was produced
by some blunt instrument and by repeated blows. I could
not form an opinion if the blows were given before or after
death. I think the woman died from asphyxia by a shawl or
some such thing passed round the neck or upon the mouth
and nostril. On the 12th I observed a scratch on the nose
of the prisoner, and his hair was slightly singed.
Cross-examined by Mr. Metcalfe---I found no marks of
burning on him other than the singeing of the hair. I exa-
mined his clothing and saw nothing which attracted my
attention. When I first went in the feet of the woman were
under the settle. The body might have been in the posi-
tion if she had fallen from the settle. The woman might
have fallen. The attitude was that of a person who had
fallen. The settle was much charred. There was a space
about the size of the crown of a hat not burnt. The wall
above was discoloured by smoke. I found no mark or sign
of pressure of any kind about the head or throat. The
brain was not surcharged with blood. Had a person resisted
suffocation with great force I should have expected it to
have been surcharged. Suffocation caused by violence would
cause congestion of the brain, and I found none here. I
dont believe fire from the clothes catching fire would cause
such a smoke to surround the person that suffocation would
at once ensue. I know the gases generated by combustion.
Oxygen must exist, or flame would not. Carburetted
drogen is destructive to life. I do not admit the ribs would
have been broken as they were by the woman falling from
the settle. The elbow might have been broken by a fall.
If the bones were calcined they would be very brittle, but
would not present the rough and jagged appearance of these.
Re-examined by Mr. Keane—The fractured surface of the
humerus was not charred or calcined. None, of the broken
ends of the rib bones were calcined. On the portions re-
maining the flesh was adhering.
By the Judge—l think the arms and ribs were fractured
by the same means.
Ed ward Clapham, M.P., and house surgeon at Peter-
borough Infirmary, and who assisted Mr. Crisp in making
a post mortem examination, then gave similar evidence,
and Mr. Metcalfe in his address to the jury contended that
upon the medical evidence it was clear that death might
have been the result of accident. The woman having gone
in by the open window, and sitting upon the settle opposite
the furnace for warmth, fell asleep, her clothes caught fire,
and she, probably the worse for drink, in a state of stupor
was speedily suffocated.
His Lordship, addressing the jury, said—Gentlemen, the
two prisoners are charged upon an indictment—one (Green)
with having of malice aforethought murdered Elizabeth
Brown; the other (Smedley) with having harboured the
said Green, knowing him to have committed the murder.
Now as to Smedley, there is no evidence against him worthy
of your consideration. This is a question of law to be de-
cided by the judge, and I at once tell you you must acquit
the man. And further, I feel bound to say there was no
pretence for ever putting the man upon his trial. It is the
first time in my experience a man has been put upon his
trial in this way with anothercharged with murder. Having
this strong opinion, I feel bound to express it, and I repeat
he ought not to have been put upon his trial here. You
heard yesterday a discussion as to admitting some evidence
properly objected to by his advocate, and I'll tell you what
the nature of that evidence was. It was simply this. The
man Smedley, on the morning of the murder, when he iiad
seen what had happened in the furnace-room, saw the driver -
of the mail cart first and said nothing to him, but imme-
diately after seeing another man told him what had
happened. That is all. I think it right on his behalf to
say what I have said, and at the same time I wish to say
that there is no ground for supposing the solicitor for the
prosecution acted improperly in including him in the
indictment, or with any view to suppress the evidence
he gave before the magistrates. I have looked through the
evidence given then by him, and it is of a nature to help
neither one side or the other. It is totally unimportant.
Having said this with regard to Smedley, I must now re-
mind you that you hay e a case against Green requiring your
best attention and care. It is true his life or death is with
you ; but at the same time remember we all have an inte-
rest in this inquiry, and you have a duty towards the public
as well as the prisoner. Remember this also; although it
has been proved that the deceased was a woman of disso-
lute habits, and bad character, this is an inquiry relating
to her death, and must be conducted with the same care as
if she had been of the best character. It is true, as you
have been reminded, that in the event of your finding this
man guilty his lite will be forfeited, but with that you
have nothing to do. You have only to investigate the
case as far as the evidence is placed before you; what
becomes of the man afterwards is a responsibility that rests
with others. I make these observations that you may dis-
charge your duty without fear of consequences. Now, there
has been a good deal of medical evidence, and a great deal
has been said by the counsel for the prisoner as to its na-
ture, and the competence of the gentlemen giving it, but I
think you will agree with me in thinking both Mr. Crisp
and Mr. Clapham spoke very fairly, and to the best of their
ability; but if you believe Green was at the George and Star
at half-past I on the night of the murder, that on leaving he
accompanied the woman and took her into the furnace room,
and that between that time and 6 o'clock, during that time
and in his presence, she was burnt to the extent deposed to;
and if you believe he was there whilst this was going on,
and that he was the man who passed Stevenson with his
braces hanging down, and who was met by the other two
witnesses (who spoke positively as to his identity), having
been absent from home all night, those are circumstances in
the case which, left unexplained, render the evidence of the
medical witnesses comparatively unimportant. Whilst care-
fully considering ail these matters you are also to remember
that it is to be said for the prisoner no motive for this dread-
ful ant has been sunested. It was not to get money ; he
well knew she had none; she was a prostitute, and it doesci
not appear the two ever had anyquarrel or ill-feeling towards
one another. The apparent absence of all motive
if yoniabaelieve
extraordinary circumstance in this case;
this woman to have been killed,
d Entice the first
cruel a murder as ever has bean
it was ail:anlora and
murder was done. His lordship then :p7roltdceeenedeeedgitvoendebtyailthtoe
the jury all the material parts of the
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various witnesses, and cautioned Oleg' noallis'