The Sun.
London, England, 1830-03-12 00:00:00

LONDON, FRIDAY EVENING, MARCH 12, 1830.

ter was sufficiently shown ?" It was of the reign
of Edward the Fourth the great lawyer predicated
this, and yet Sir James Scarlett, in the reign of
George the Fourth, says that the special pleading of
the present day, which does not hear a much greater
resemblance to that than darkness does to light, is
one of our ancient institutions !—Morning Herald,

THE ODDINGLEY MURDERS.

WORCESTER, AlAxcit 11.

••
It was not till half-past seven o'clock last night that the
Grand Jury returned their bills in th7s case. At that hour
the Grand Jury came into Court and returned the follow-
ing bills, viz. :—a true bill against Thomas Clewes,
George Banks, and John Barnet, as accessaries before
the fact, in the murder of Mr. Parker ; a true bill against
Thomas Clewes (ignoring it as to the other two pri-
soners), as acces-ary after the fact, in the murder of Mr.
Parker ; and a true bill against Thomas Clewes (ignoring
it as to the other two prisoners), as principal in the murder
of Hemming.
• In consequence of the return of these bills,' the trials
were appointed to take place the first thing this morning,
before Mr. Justice LITrLZti•LK.
The interest excited by thc trial in the city and neigh-
bourhood of Worcester was intense. We bare heard of
several gentlemen who last night were unable to procure
beds at any of the inns, and who, to do justice to their
curiosity, " screwed their courage to the sticking place"
of sitting up all night, and being in Court by six in the
morning. At that hour the main street of Worcester began
to wear a lively appearance, every one directing his course
towards the Court-house.

The Counsel for the prosecution were Messrs. CUR-
woon, WAKELY, and GODSON. For the defence, Messrs.
Serjeant LUDLOW and Mr. LEE appeared for Clewes ;
Messrs. CAMPBELL, RUSSEL, and RICHARDS, for Banks;
and Messrs. TAUNTON, SHUTT, and HOLROYD, for Bar-
net.

At a few minutes after eight o'clock the doors of the
Great Hall were thrown open, and the rush of people seek-
ing ingress was tremendous; it was a long time before
anything like order could be procured.
Mr. Justice LITTLEDALE entered the Court about the
same time ; and after the crowd of persons was somewhat
arranged the business of the Court proceeded.
The prisoners were then put to the bar for the purpose
of pleading to the indictments. Clewes appears to be an
elderly man, but by no means decrepit. Banks is a fine
tall man, with prominent features, and rather a striking
countenance. Barnet is an older man man than Banks,
and has a very respectable appearance.
Mr. Justice LITTLF.DALE asked who were the Clunsel
for the prisoners, because he thought it right to draw their
attention to the bills returned by the Grand Jury on the
previous night. He doubted whether upon those bills the
prisoners ought to be put upon their trial. But if the
prisoners chose to be put upon their trial the objection
would he waived. _ .

Mr. TAUNTON and Mr. CAMPBELL, on the part of the
prisoners, objected to their taking their trial.
Mr. Justice LITTLEDALE desired the Clerk of the Ar-
raigns to state what the indictments against the prisoners
were.
The Clerk of the Arraigns stated that there was a bill
against Clewes for the murder of Hemming; that there
was a bill against the same prisoner, as an accessary before
the fact, in the murder of Parker, making Hemming the
principal.
Mr. Serjeant LUDLOW—On this the point stated by
your Lordship will arise. With regard to any charge
brought against Clewes, as an accessary, I shall certainly
advise him to take your Lordship's judgment as to his
being required to plead, on the ground that, as there has
been no conviction of the principal, there is no existing
law which warrants the trial of the accessaries.

Mr. Serjeant RUSSELL should certainly advise his client

to object to his trial.
Mr. Serjeant LUDLOW had to ask his Lordship to take
the indictment for murder against Clewes first. He thought
that that was the fair way of meeting the justice of the case.
Mr. TAUNTON should think it right to adv;se Barnet
not to plead.
Mr. CAMPBELL, on the part of Banks, had to concur
in what had fallen from his Learned Fiiend. He thought
that no prisoner was bound to answer a charge which was
not brought against him according to law.
Mr. Serjeant LUDLOW begged his Lordship's decision
as to which trial should be taken first. Clewes was in-
dicted for a murder ; on that murder he ought to have a
fair and unprejudiced trial, which would not be the ease
if he was borne down by the extraneous circumstances
which belonged to the other indictment..
Mr. CURWOOD did not rise to controvert what had
been stated by his Learned Friends, as to the impro-
priety of the prisoners pleading; still less did he intend
to disapprove of that course;, but still, as the acpessary
was permitted to waive his objection, lie had thought it
right to give them an opportunity of doing so. With
respect to the order"of the trials, he conceived that that
rested with the prosecution.
Mr. Justice LirrLEDALK was of opinion that it rested
with the Court, to decide in what order the trials should
take place. When an indictment for murder was mixed
up with other offences, the usual way was to proceed
with the murder first as the more serious offence. The
Clerk of the Arraigns would proceed with the bills in
the same order as if no discussion bad taken place.
The Clerk of the Arraigns then arraigned the prisoners
on the Coroner's Inquisition, as accessaries before the
fact in the murder of Mr. Parker.
On the prisoners being asked if they were Guilty or
Not Guilty, their respective Counsel objected to their
pleading.
Mr. Justice LITTLEDALE—If the prisoners really wish
to be tried, bad you not better consult them again before
you make that objection.
Mr. CAstrnELL--All discretion in such cases rested
with Counsel.
Their right to refuse to plead was then admitted by the
Learned Judge.
The Clerk of the Arraigns then arraigned Clewes on
the indictment which charged Clewes, in conjunction with
Taylor and Evans deceased, with the murder of Hemming;
and on the Coroner's Inquisition, which charged Clewes
and Banks with the murder, and Barnet with being an
accessary before the fact.
Mr. CastraELL had objections to take to the inquisition ;
but l►e had no abjection to his client pleading, on the un-
derstanding that it was not to prejudice his objections.
Mr. Coawoon consented to this arrangement.
The prisoners then severally pleaded Not Guilty.
Clewes was then indicted as an accessary after the fact
to the murder of Mr. Parker. _

-.-
Mr. Serjeant LUDLOW objected to Cloves% pleading to
this indictment.—Objection allowed.
Clewes was then arraigned for the murder of Hemming,
both on the Coroner's inquisition (which included Banks as
principal, and Barnet as accessary), and on the indictment
in which he stood alone.
Some conversation here took place as to the possibility of
trying the prisoners together on the Coroner's inquisition,
when the indictment was against Clewes alone, on which
it was also necessary that he should be tried, as he could
not be twice tried for the same offence. It was finally ar-
ranged that Clewes should, in the first instance, take his
trial alone on the indictment, the question on the Coroner's
inquisition standing over for the present.
Mr. GODMAN opened the case.
Mr. CURWOOD said-51y Lord and Gentlemen, I
rise to address you upon a case almost unparalleled in legal
annals, and totally unparalleled in my recollection, al-
though during the course of some length of time I have
been familar with Courts of Justice. The prisoner at the
bar stands charged for a murder which took place twenty-
four years ago, and the circumstances attending this mur-
der are so complicated with those of another murder, that
I do not know how the ccnsideration of them can be sepa-
rated. Gentlemen, at the period to which I have alluded
(now nearly twenty-four years ago), Mr. Parker was
Rector of Oddingley, in this county ; unfortunately there
was great enmity between him and several of his pa-
ri,hioners, whom I will not name ; suffice it to say that
the prisoner, Thomas Clewes, was of the number. Well,
Gentlemen, it so happened, that Hemming was imme-
diately known as the murderer, and a search was made,
but from that day forward there was no account of
him. Wherefore had he disappeared ? On the 24th
of June the Rev. Mr. Parker was murdered in one of
his own fields ; and I believe it will be proved, without
question, that the murderer was Richard Hemming, be-
tween whom and Mr. P. there was no enmity. He he-

longed toter parish, and had no cause of quarrel

or complaint against Mr. P. The consequence was, that
an investigation took place to discover why Hemming had
committed this murder, and there was proof that he was
hired. Indeed the cause assigned on the instant was, that
be had been employed to commit the murder, and that
those who employed him had contrived to dispose of him
with a view to prevent him from giving evidence against
them. Years, however, rolled away, and nothing was
heard of him until his remains were found in the barn ;
those were recognized; his shoes were remarkable. The
shape of his skull and mouth were remarkable, and the
bones were identified by his wife. It appeared clear that
Hemming was the murderer of Mr. Parker, and, there-

fore, the inference was that Hemming had been murdered
by those who employed him, because it having been known
that search was made for this man, it became of vital im-

portance to those who instigated him to the heed that he
should be removed. With respect to the others, I will
abstain from saying anything; I shall merely observe that
Clewee, the pi ironer, had a motive, and I shall prove that
he used expressions of the most deadly hate to ➢lr. Parker.
He said he would give fifty pounds to have him shot; and

on Bromsgrove fair day, the very day of Mr. Parker's
murder, he stated be hoped he would find a dead Parson

before him at home. Gentlemen, he did find a dead Par-
son before him at him, and I will produce a witness to
sholf.that he knew what became of Hemming, and Hem—

ming was never heard of more. And here I must observe,
that great praise is due to Mr. Smith, the Coroner, for
the mode in which he conducted the late investigation ; in
the course of which, Gentlemen, a confession was made by
the prisoner at the bar, Clewes ; it appears, had remained
some days in prison when he made this confession, which
I shall read to you.
Mr. Serjeant LUDLOW objected.
Mr. Cuawoon proceeded—Gentlemen, the whole of
this confession must be given to you; but you are not
bound to believe the whole of it. You may believe the
prisoner when he says he was present ; but you are not
compelled to credit his statement, when he attempts to

explain away this presence. And, Gentlemen, I may
here remark to you, that in the whole course of my prac-
tice I never knew an accessary who did not, according to
his statement, fill a very insignificant part of the trans-
action. He never confesses to being the person who struck
the blow or gave the poison. Gentlemen, these are the
circumstances of the case. The man who murdered
mming must have had sonic motive for the crime;
and what motive could be stronger than that upon the
part of those who knew that if he were apprehended
their lives would be endangered. Such a motive had the
prisoner at the bar. Some of the persons concerned in
the transaction are now beyond the reach of human
justice, but they have not escaped all responsibility.
There is another world and another Judge before whom
they must answer. And he could not avoid remarking,
that there was something providential in the grave's ren-
dering up the mouldering remains of humanity after a
lapse of so many years, to bring the murder to light.

- The following witnesses were then called for the prose-
cution :

Charles Burton said—l live in Smikehill, in this
county ; I was employed by Mr. Howard to take down a
barn ; it is in the parish of Oddingley, in this county; I
was employed to take it down on the 28th of December ; I
remember removing the foundation near a small pool; it
was some weeks after I began to take down the barn. It
was on a Thursday in January, at four o'clock, I removed
the foundation. I found the remains of a human body, a
pair of shoes, and a carpenter'stwo-feet slide rule. These
were two feet six inches below the level of the bay in
which they were buried. They were in the second bay,
close to the wall, next to the pool, and about three feet
from the door. I did not proceed with my wort after
finding these things. I covered them up. Next morning
I went to Mr. Allen, at Droitwitch, and stated -I had
found something. I afterwards went to a Magistrate in
that borough. He sent me to Mr. Smith, the Coroner.
This was on Friday, the 22d of January. I returned the
same night to the spot where I found these things. I took
two men with me. I remember Mr. Smith and Mr.
Pierpoint coming there on the Saturday morning. I have
known this barn 30 years. It is situated on Netherwood
Farm. Ido not know who occupied it 30 years ago. I
remember the Rev. Mr. Parker ; he was shot on the 24th
June, to the best of my recollection, in 1806. I knew
Richard Hemming—he was married to my sister ; he was
a carpenter and wheelwright by trade. Before Mr. Par-
ker was shot, Hemming was living at Droit midi, which
is nearly three miles from Oddingley; he was parson of
that parish ; I never raw R. Hemming after Mr. Parker
was shot; there was a great deal of inquiry made after
him ; it was immediately after Mr. P. was shot ; I never
saw Hemming since Mr. P. was shot ; at the time Mr.
P. was shot, T. Clew•es occupied Netherwood Farm.
Hemmings was five feet three inches high ; he usually
carried a basket with tools ; I do not know whether he
carried anything on his person.
In answer to Mr. Serjeant Luntow—l do not know of

Mr. Parker's death except from what I heard ; a two
foot slide rule is carried by masons and other tradesmen as
well as carpenters.
Mr. Matthew Pierpoint—l am a surgeon, living in this

city ; I am a Member of the College of Surgeons ; on
Saturday, 23d January,"l went to Oddingley with Mr.
Smith the Coroner ; I saw Burton there ; he pointed out
to me a place where a barn had been removed ; he called
my attention to a place near the foundation of the wall ;
there was an appearance of human bones there ; I collected
them together; I first removed the loose earth from the
bottom, where the shoes were lying ; I then took the
length from the fractured skull to the shoes ; that was
about five feet four inches in length ;*I measured the depth
from the top of the earth to where the bones were lying,
it was about two feet six inche=. I then measured the
width ; it was about sixteen or seventeen inches. It was
very narrow. I then commenced to move,. first, the shoes;
they contained the bones of the feet, with some dust. I
then gradually removed the bones till I came up to the
pelvis ; on removing the thigh bones I found a rule in a
hind of pocket, or a portion of it, which I believe is usually
made for the reception of such an instrument ; there were
also an old knife, and what is usallr called a whet-stone,
three half-pence, an old sixpence, and some small
portion of woollen clothes, including a piece of the
waistcoat and a portion of the front part of the
waistband of the small clothes ; they appear to have
been made of corduroy ; I then proceeded to remove the
upper part of the bones, until I arrived at the skull ; till I
arrived at the skull they were the bones of a perfect.skele-
ton ; I have since carefully examined the bones, and there
can be no question but that it is a male skeleton ; in my
opinion the body had been thrown in on the left side ; the
bones of the right arm were lying across the ribs ; the
bones of the left arm and hand were lying under the
skull; the bones were those of a middle-aged person; the
skull was lying on the left side of the face, and the whole
of its bones were fractured, just across the frontal bone
especially ; all the bones were smashed and broken to
pieces ; 'I
have seen instruments called, blood-sticks; there
are various sorts of blood-sticks, and I have seen such a one
as would produce that injury; I saw no injury:to the bones,
except those of the skull ; I found no hat, nor the remains
of one ; I placed the bones in a bag, took them home to
my own house, and have had them ever since ; I showed
the bones to Elizabeth Newbury on the following day ;
she gave me the description of the rule before she saw it;
[The bones of the skull were here produced, as were also
the other articles discovered in the barn. The remains of
the clothes presented a most dilapidated appearance ; in-
deed there was net a piece more than an inch or two
square ; the knife and the rule were in so crazy a condi-
tion, that they had broken since being discovered, in the
attempt to handle them.]—From the appearance of the
bones, I should think that the man had a full projecting
mouth when alive; I should think thatithe:injuries done to
that skull were sufficient to produce instantaneous death".
Eliza Newbury—ln 1806 I was the wife of Richard
Hemming. We then lived is Droitwich, in the parish
of St. Nicholas. He was a carpenter and wheelwright.
Mr. Parker was shot on the 24th of June, twenty-four
years ago, next Midsummer-day. I saw my husband that
morning. He left home about half-past five in the morn-
ing. He was dressed in a dark blue long top-coat ; and
to the best of my recollection corduroy breeches. He car-
ried a rule in his breeches pocket at all times. There was
a mark at the top of the rule. It was cracked on one side
near to the rivet. My husband was a short thick man,
no strong,
heels,and tolerably
and tie
with a full mouth and teeth, and he stood one inch under
the standard of the militia. His teeth were very sound
annaidledstirwhite. His shoes were low,
back on the heel, which wore that part of the shoe. I
d in front. He trod very much

do not remember anything particular in the manner of his
tying his shoes. I heard that Mr. Parker had been shot

about ten o'clock in the evening. I never saw my husband
afterwards. Mr. Richard Allen came in search of my
husband that night. He came three times to look for him.
—(The shoes were here shown to the witness.)—l firmly
believe those shoes to have been my husband's (she pointed
particularly to the nails in the heels and the wearing away

_ .
of the toes, as corroborating her opinion. )--I also believe
this rule—(the rule was shown her)—was my husband's
rule. I described the marks upon it before it was shown
to me. The mouth of the skull is like my husband's. I

could swear to the teeth having been my husband's teeth.
I know the prisoner at the bar. He came to our house

three tithes to inquire for him. This was some time be-

fore the death of Mr. Parker. I knew of no cause of

enmity between my husband and Mr. Parker.
Thomas Barber—l live at the parish of Crowle ;I am
a victualler; I knew Mr. Parker, and remembered the
time of his death; I also know the prisoner Clewes ;
Parker came to my house some time before his de Ith ;

just as be was going out, I remember Clewes coming in;
Clewes said something about Parker in foul language, but
I cannot remember the exact words; he said to the effect

that there were 501. for any man who would shoot the

Parson.

Joseph Colley—l am a little farmer, and am '77 years
old ; in 1806 I lived in the parish of Ifinley, the adjoin-
ing parish to that of Oddingley ; I have worked for the

prisoner; I have seen Hemming and Clewes in company
together at Droitwitch and at the Chequers public-house ;

Clewes was drinking with Hemming: and drinking "to

the death of Bonaparte of Oddingley ;" Hemming said,
I have a nasty job to do at Oddingley, but it was too late
to go to do it then ; he said this generally to the company

in the kitchen; this was about five o'clock in the afternoon ;
I remember the death of Mr. Parker ; the conversation at
the Chequers was before the death of Mr. Parker.
Sarah Rogers—l am forty-four years old ; I lived at
Oddingley till within theme eight years ; I remember the
time when the Rev. Mr. Parker was shot; it was Mid-

summer-day; I then knew Thomas Clewes; there was a
place called the Pigeon-house upon Mr. Barnett's farm.—
There was a cellar under this pigeon-house, in which the
cider was kept. I heard a great noise, and my sister and
I were sitting up late—about twelve o'clock. I sat under
the trunk of a tree not forty yards from the pigeon-house ;
I could hear what was passing there. There were five
people in the pigeon-house ; I knew their voices well
enough to know who were there ; Mr. T. Clewes was
one of them ; I heard them drink one another's health ;
and to the parson's health they drank
left-banded ; a dog then made a disturbance, and I went
away; two of them came out, and I followed one to my
father's door ; Clewes was not one of those ; this might be
about a month before Mr. Parker was shot.
Cross-examined—l was too ill to be examined before
the Coroner; I told my father and sister what I had

heard ; but they are both dead now ; the pigeon-house
was about forty yards from my father's house ; it was on
a Friday night.

Susan Surman—Lived with Mr. Pat ker as servant in
1806, and used to fetch up his cows. Mr. Parker some-
times fetched them up himself. For as much as three
weeks before Mr. Parker was killed, she used to see,
night and morning, when she went for the cows, Hem-
ming walking up and down a field of Barnett's, which
was separated from Mr. Parker's fields only by a hedge.
There was a footpath in Barnett's field, but Hemming did
not walk in it. She always saw him at the same place by
the hedge ; he sometimes spoke to her. Remembers hear-
ing something about a gun. On the 24th of June she
heard a gun go off, and saw Mr. Parker run through Mr.
Barnett's hedges, and she heard him cry murder as she
ran down the lane. On the morning of that day she
heard Clewes declare that he should be very glad if he
could find a dead parson when be came home from Brooms-
grove fair.
Elizabeth Jones—Knows a person of the name of Hem-
ming. Has seen him at Captain Evans's. Remembers in
1806 finding a gin in a bag in Captain Evans's bay-rick.
She took the gun and bag into the house. The gun and
bag were covered with straw; Hemming called for it a
week after, and took it away, Paying he should take it
hack to Droitwitch ; that was abort a quarter of a year
before Mr. Parker's death. She saw Hemming on the
morning of Mr. Parker's death. Has seen Clewes at her
master's house, but he used not to come very often.
John Linch was passing through Oddingley on the day
of Mr. Parker's death. He heard a gun go off, and soon
after a cry of murder. A man named Giles was with him.
They ran up, and saw a man hiding something under a
hedge. Witness said to him, "Villain ! what have you
been doing? " and he replied, "Me? nothing ;" and ran
down the grounds, and Giles after him. The man had a
long blue coat and a round hat on. Witness went to the
gate of Mr. Barnett's field, and there found a man named
Tristen, with whom he went to the spot whence the cry
of murder proceeded, and found Mr. Parker dead. His
clothes smoked as if they were about to burst into a blaze.
There was a cut on the top of his eye, and he was besides
shot in the loins. Giles returned to witness while he was
standing by the corpse. Some other persons came up and
removed the body, and witness went away, On searching
the place in the hedge where he saw the man hiding some-
thing, he found a gun broken at the stock, inside a bag.
Thomas Colville—ls a carpenter, living a mile from
Oddingley ; remembers Mr. Parker being shot. Witness
had been at work, and was going home, when he saw
Hemming about a mile and a quarter from Mr. Parker's
come out of a wood and get over a gate into the road.
He had a long blue coat on. He was walking a good
fast step, but was no ways hurrysome. Has never seen
him since.

Richard Page—ln 1806 kept the Virgin tavern, about
a mile from Worcester, on the Oddingley road. On the
24th of June, in the evening of that year, Hemming came
into his house and asked for a pint of ale. His coat was
on his arm, he appeared confused, drank his ale as fast he
could, and went off. It was a blue coat. Has never seen
him since.

Thomas Hill—On the day of Mr. Parker's death, saw
Hemming going towards the Virgin tavern. He had a
blue coat on.

Rev. Mr. Pindar—Remembers the day Mr. Parker was
shot. He saw him immediately afterwards stretched in
the field, and heard him draw his last sigh. This was a
little after five o'clock. A search was made for Hemming,
the supposed murderer, and a reward of 50/. was after-
wards offered for his apprehension.
Air. Richard Allen—ls post-master of Droitwich, and
was living there in 1806. At the time of Mr. P.'s death
he was a constable, and the same evening he searched
Hemming's house. He searched for Hemming. Has
never seen him since.
John Perkins—Lives at Crowle, but in 1806 was a
farmer at Oddingley ; was present at the paymaster's din-
ner at the Plough, in 1806. Clewes, Barnett, Banks,
Marshall, and Evans, were present. There was a dispute
at the time between Mr. Parker and his parishioners about
tithes. Captain Evans gave as a toast " Parker left-
handed." This toast led to a dispute, and witness and
Edward Ilareot refused to drink it. lie knew Richard
Hemming by sight ; had seen him repeatedly under the
hedge by Mr. Parker's grounds. Saw Hemming and
Clewes at a public-house at Droitwich together, about fire
weeks before the death of Mr. Parker. Clewes paid for
the liquor.
Cross-examined—ls certain it was five weeks before
the murder that he saw them drinking together. If the
deposition taken before the Coroner stated it to be fire
months before, there was a mistake. It was read over
to him before he signed it, hot he did not observe the
mistake. Mr. Parker was exceedingly unpopular with
some of the parishioners.
Re examined—Mr. Parker was as kind-hearted a man
as any in England.
Pinnott Cole—ls a surgeon in the army. Was called
in to examine the body of Mr. Parker, at the inquest.—
He found a gun-shot wound on his right side; and, on
opening the body, he found the main artery had been
shattered by several shot. There were three wounds on
the head—one on each temple, and another on the tots of
the head. The skull was fractured and beat in upon the
brain.
James Hoo
per—ls clerk to
coroner.
‘vWitness
Messrs.
enPd
eadr kr
the
e and S
late
mi t ;
inquest Mr. ,Smith
on the remains of hemming; a note was brought stating
that Clewes wished to make a communication to the Jury.
The note was put in ; it was as follows :
„ DE,u, Sift,-1 have seen Clewes; he expresses a wish
to see the Coroner and the Jury at the prison.
(Signed) " J. N. LAVENDER."
Air. Lavender, governor of time gaol, examined the note,