The Sun.
London, England, 1863-12-18 00:00:00

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ASSIZE INTELLIGENCE.

NORFOLK CIRCUIT—CAMBRIDGE, Dec. 17.
(Before Mr. Baron Martin.)
THE MURDER AT WHITTLESY.
John Green, a labourer, 26 years of age, was charged
„with the murder of Elizabeth Br,a,wntat Whittlesey, on the
12th of March, 1863; and William George Sinedley, de-
scribed as a magistrate, age 45, was charged that he did
feloniously receive, harbour, and maintain the said John
Green, well knowing him to have done and committed the
felony aforesaid.
Mr. D. D. Keane and Mr. Markby conducted the prose-
cution; the prisoner Green was defended by Mr. Metcalfe
and Mr. Orridge ; and Smedley by Mr. Sergeant Tozer, spe-
cially retained.
The case excited great interest, and the court all day was
very full. Excellent arrangements were, however, made by
the persons in charge, so that at no time was it inconve-
niently crowded, This trial should have taken place at the
last summer assizes, but quite unexpectedly, and at the last
moment, the prisoner Smedley, who before the magistrates
and coroner had been examined as a witness for the prose-
cution, was given into custody and indicted jointly with
the prisoner Green. Mr. Metcalfe was then instructed to
defend both prisoners, and feeling embarrassed by this sud-
den step on the part of the prosecution, applied to the late
Mr. Justice Wightman for the postponement of the trial.
After some discussion and consultation with the Lord Chief
Baron, the application was granted.
To-day Mr. Keane stated the case for the prosecution,
and the following narrative will embody what he said.
Mr. Whyle is a maltster, having large premises in the
town of Whittlesey, and both prisoners, at the time of the
murder, were in his employment—Green as a labourer, the
elder prisoner as foreman. Adjoining the malting is a
publichouse called the George and Star; and on the night
preceding the murder there was a dance at the house. The
prisoner
Green and tho woman were there (Green only at
the dance), and at about half -past one in the morning were
last seen leriving the house together, going down the lane in
a direction for the malting. This was the last time she was
seen alive, and between that time and 6 o'clock the prose-
cution say the poor creature was barbarously murdered. A
native of Whittlesey, she had :ed a very immoral life, and
at the time of her death was about 35 years of age, living in
a cottage alone, gaining her livelihood by prostitution. The
prisoner Green is a married man, and also a native of the
place, and lived at Inham's End. It seems that in Whittle-
sey the ancient custom of ringing a morning bell at a quar-
ter before six still exists, and there is a funationary styling
himself the public behringer. On the morning of the 12th
of March he was going rather late to the church bel-
fry when he was startled by a sound as of a door hastily
shut. He looked round towards Mr. Whyte's malting door,
but saw no one, and went on to his duty. A few minutes
after this a man named Stevenson, going to his work and
towards Inham's End, was passed by a man running fast
towards the prisoner's cottage. His braces were hanging
down, and Stevenson called out, " You'll lose your brace,
old partner." The man continued running, adjusted his
braces without turning, and his face was not teen, but al-
most immediately after two men coming from Inham's End
met a man running whom they distinctly recognised as the
prisoner Green. He was well known to both, and they saw
that he was dressed in the clothes he had been wearing the
night before. A man living in a cottage next door to Green
also heard about this time a noise as of some one running
towards his house, and almost immediately Green's street
door open and some one go upstairs to the bedroom. The
prisoner Smedley now must come upon the scene, for on
going to his work as usual to the malting, immediately on
opening the door of the kiln furnace room he found the
room filled with a thick smoke, and saw the body of, as he
supposed, a man lying upon a heap of smouldering sacks.
He turned back at once, and meeting in the street a man
named Robinson, called to him; " Jim, Jim, make haste,
Jim, Jack Green's got barned to dead. I know he's dead,
for he can't speak. Ha's in the kiln house." Robinson at
once went and Smedley with him ; they were soon joined by
more, and Mr. Crisp, a surgeon, was sent for. The doors
and windows being opened and daylight becoming stronger,
it was found that a settle opposite the furnace door within
two or three feet of the fire was burning, and upon a heap of
partly burnt sacks was the bed yof a woman, partly consumed
and still burning. Water was thrown on and a door brought,
on which the remains were placed. It was a horrible sight.
She was lying on her back inclining towards the left side,
the hands were clenched, the knees drawn up towards the
body, the tongue protruding and almost bitten in halves by
the teeth, the features much burnt away, the eyeballs col-
lapsed by fire, and much of the tissues and miracles destroyed.
On attempting to raise the body it was found that the left
arm was brokenin an oblique direction between the shoulder
and elbow, and not only broken, but the part from the frac-
ture removed as if by some instrument, for the edges of the
bone were clear and uatouched by fire. This part of the arra
was never found, and on a minute examination made by Mr.
Crisp, some of the ribs were found fractured as if by some
instrument and untouched by the fire. From these circum-
stances there can seem little doubt the poor creature was,
cruelly murdered before an attempt was made to burn the
body. Green, who usually came to his work a little before
six, did not arrive this morning so early, and eves sent for
by Smedley. His wife answered the messenger from the
bedroom window, and soon after Green came to the place
and assisted with others in disposing of the remains. The
same morning. about eight o'clock, Smith, the superinten-
dent of police, in the presence of Mr. Whyle, spoke to
Green, who was then at his work, asking him what time
he left the malting the night before, and when he got home.
He turned pale, looked confused, and said he left the malt-
ing about half-past eight, and was at home by 11 o'clock.
Being asked further if he had seen Elizabeth Brown last
night, he said he saw her in the George and Star taproom,
but never saw her afterwards. Shortly after he was taken
in custody, and it was then observed that his clothes smelt
strongly of burning, and his hair was slightly singed. He
said to the policeman, " Oh pray don't, pray don't," and
trembled violently. Near the body of the woman was found
a cap belonging to him, and which acme women had eeen
him in the George and Star the night before believed he
then wore. A son of the prisoner Smedley was called fer
the prosecution, and explained that the malting doors had
Chubb's locks, and were always carefully locked by his
father upon leaving work. If the prisoner Greeen
could possess himself of the le,ys he might have
entered and admitted the woman, but nothing seemed
disturbed, and there was no unusual appearance
with the exception of a window, a pane of which was
broken, as it was suggested, from the inside, and some foot
marks on the yard gate, and an impression of a
.booterm
some ice on the top of a water cask that stood insides the
gates. It may now be asked, but how is Smedley ime
cated p He was a witness in the first instance befor pthe
magistrates against the prisoner Green in
seems to have to
tween that time and the assizes in July March, and be-
sWhittlesey, a
come to the knowledge of Mr. Smith, theit olicitor fort the
prosecution and clerk to the magistrates
was returning
on the morning of the murder, as Sneered
the body lying oh
from the malting after he lead discovered
be met the driver of the
the floor, before giving
an
slarm,cel for him, and that he
mail cart, who was to carry a par
told he had, instead of
asked if he had received it—being
addressed as ! Jim l"
telling what he had just seen he told the next man he met,
who it will be remembered
Smithand
uponthere
INseemed
Smithnothing
.
The mail cart driver told Mr:.
unusual in Smedley'
neha,a eempidloyncodt
fronting the driver ansdinSailledsley tahae
flraitgtebrteadmditthed
did
safe'
nothing to the driver, but "he was
know." His present master (dr. Whyle}
him for the last two years, and upon entering his service he
with a character for good conduct
horn his last ere-
cslon'ye er, with whom he had been for 20 years and upwards.
Upon such evidence Smedley was given into custody, and
has had this charge hanging over his head for live months.
To -day the evidence only went as tar as this—and upon
Mr. Keane continuing to call wituessea who could prove no
more,
Mr. Baron Martin interposed, and said, in his opinion
there was no more a case against Smedley than against
himself (the learned judge). There was no evidence what•
over that he knew any felony had been committed, and in
laV7, unless it could be clearly shown the he knew of the