The Sun.
London, England, 1865-12-20 00:00:00

Court of Common Council.

LA W INTELLIGENCE.---Dec• 19.

ASSIZE INTELLIGENCE.

Yesterday a Court of Common Council was held
at Guildhall, -under the Presidency of the Right
Hon. the Lord Mayor, for the despatch of business,
and with a view to clear up, if possible, before the
end of the year the several matters appearing on the
agenda paper. The Council was very numerously
attended, even though the proceedings commenced
at the unusually early hour of 11 o'clock.
The minutes of the last court having been read
and confirmed,
The Town Clerk communicated to the Court a
letter received from the assistant secretary of the
proposed Eybibition of National Portraits at Ken-
sington, of which the Earl of Derby is president,
praying the assistance and co-operation of the Cor-
poration, by the loan of some of the valuable works
of art of which they were possessors. The commu-
nication further stated that her Majesty had signi-
fied to the Earl of Derby her sympathy in the pro-
jected exhibition, and her readiness to co-operate
with the object in view.
The letter was referred to the City Lands Com-
mitte, to give such directions in the matter as that
body might think fit.

(Sittings at Nisi Prius, at Guildhall, before Mr. Justice
Blackburn and a Common Jury.)
TARNER V. WALKER.
Mr. Sergeant Parry and Mr. Laxton were counsel for
the plaintiff, and Mr. Digby Seymour, Q.C., Mr. Pearce,
and Mr. B. Rigby for the defendant.
This was an action to recover asum of money under the
following circumstances :
It will be recollected that a robbery was committed in
February at Mr. Walker's shop in Cornhill, when an im-
mense number of watches were stolen. A handbill was then
circulated offering a reward of £250 for such information as
-should lead to the conviction of the thief or thieves, and a
further reward of .£750 for such information as should lead
to the recovery of the property, or in proportion to the value
of the property recovered. The plaintiff is a watchmaker at
19, Wilderness-row, Clerkenwell. On the morning of the
14th of February a man, who afterwards turned out to be
Roberts, called upon the plaintiff and produced a gold
watch, stating that he wished to have something done to it.
The plaintiff looked at the watch and requested Roberts to
call again in the afternoon. Upon looking at the watch it
struck him that it was one that had been stolen from Mr.
Walker, and he went to Walker's and there saw his son, who
said it was one of the stolen watches. Plaintiff then com-
municated with the police, and two police officers were
placed in the plaintiff's back room. Roberts came in the
afternoon, and was at once taken into custody. Upon
Roberts being searched another of Mr. Walker's watches
was found upon him. Roberts was ultimately convicted at
the Central Criminal Court. The two watches were worth
£lOO. The plaintiff brought his action for the share of
tho reward. The defendant paid £ll into court.
In the cross-examination of the plaintiff he said that part
of the name of the maker had been erased before the watch
was brought to him. He swore positively that he did not
himself erase the name. Roberts had been a customer of
his for 12 months. Ho did not know whal business Roberts
was. He did not ask customers their addresses. Knew
Roberts as " the Quaker." He did not tell Roberts to go
to any other person to have the name erased. Insured his
stock of watchmaking materials for upwards of £5OO.
David Roberts, who appeared in his convict's dress, said
—I never was a jeweller. I was apprehended on the 14th
of February. On the 17th of February I sent Mr. and Mrs.
Adey (my sister) to the city police, and in consequence the
police came to me in Newgate, and I told them I had some
valuable information to give them. They asked me how I
came possessed of the information. Mr. Hicks brought it
me. I told them the burglars were to be found at an eel
pie shop in Whitechapel-road, No. 124. Foulger wrote it
down. They said if that turned out to be true I should
have a free pardon and some money to leave the country. I
said I did not know who the burglars were. I have since
ascertained who they were.
Cross-examined—l was living at 45, Westgate-street,
Devonshire-street, Mile-end. I was in Carter and Co.'s
employ. They are silk manufacturers in the city. I have
known the plaintiff three years. I used to see him in Lever-
street, where he then lived. I took a watch to the plaintiff,
and he said he would buy it, and he offered me £9 for it. I
said I could not sell other people's property. I asked him
to repair it and put a new hand to it. He took a screw-
driver and took two screws out of it. It then came open.
He put something in the vice and screwed it up. He then
gave me the plate to take to Hicks to get gilded. He had
put it in paper upon which he had written something. I
knew Hicks; he was a gilder. I gave it to Hicks, and left
it with him.

him with the murder of Hannah Brook.

Re-examinod—l told the plaintiff the man wanted two
watches repaired, and would bring the other in the after-
noon, and I did so. I was afterwards convicted. Three
others were convicted with me--Brewerton, Caisley, and
Jeffrey.
Roberts was convicted of unlawfully receiving the
watches.
John Moss—l am sergeant in the police. I went to the
Whitechapel-road, No. 124, an eel-pie shop. I had been
in the neighbourhood some days watching different houses.
Three inspectors were with me. I had not received any
instructions from any ono to go there. I had beenwatching
these persons fromthe early part of January.
Mr. Sergeant Parry—And you watched them so cleverly
that while you were doing so they committed this bur-
glary. _ _ _

I tun a detective officer, and was in plain clothes. I re-
ported daily to Colonel Fraser. I apprehended Brewerton
and Jeffery. I found there and at another house 52 gold
watches, 146 chains, pins, and brooches, and a large amount
of money.
Cross-examined—Caisley and Jeffery lived in. Mile-end
road. There was no gold watch found at the eel-pie shop.
There had been other jewellery robberies prior to this. I
did not find anything from information given by the plain-
tiff or Roberts.
W. llamiltou—l am of the city police. I report to Col.
Fraser. I had an interview with Roberts in Newgate. A
woman came to my office and sent me to Roberts. He told
mo he had heard something of a pie shop in the White-
chapel-road. I may have communicated that to Colonel
Fraser. It was by my orders Roberts was arrested at the
plaintiff's shop.
Cross-examined—No information came to me from the
plaintiff. I have no writing to remind me.
Jane Adey-1 am the sister of Roberts. My husband is
a commercial traveller. I sent the police to my brother in
Newgate, as ho said ho wished to speak to them. They
made an appointment to go on the 17th of February.
For the defence it was submitted that there was no evi-
dence to go to the jury.
The Judge said there was plenty of evidence that the
plaintiff gave information which led to the apprehension of
Roberts. A reward offered for information leading to the
conviction of thieves did not extend to the apprehension of

a receiver.

For the defence it was urged that the jury should see
plainly whether the plaintiff came within the alternative of
the offer of the reward. The first thing was the conviction
of the person who broke into his house. He drew the line
between the information as to the burglars and the person
through whose information he obtained a recovery of the
property. His lordship was with him as regarded the re-
ceiver. , Upon the value of the two watches the defendant
had paid too much into court. Roberts had den:.ed all
knowledge of the burglars. The police were acting entirely
upon other grounds, and not from any information obtained
through Roberts.
Inspector Potter in November, 1864, received information
of a robbery at Abrahams', in the Strand. There were other
robberies. Captured William Brown. Watched the persons
who came to see him at the House of Detention, and fol-
lowed them, and then heard of the proposed robbery at
Walker's. That was in the early part of January. Traced
a dozen persons, first to the Waterloo-road, and direct from
there to the eel-pie shop in Whitechapel-road. It was a girl
who was a servant to Brewerton. We then watched that
house. We saw others come to visit that house. Three
other officers were engaged with me. We got all their ad-
dresses, and ultimately apprehended them on the 24th of
February. Commenced the watching on the Bth of Feb-
ruary. The delay in the apprehension arose from the address
of Caisley not being known. On the 24th we took Brewer-
ton and Jeffery, and then went to Ely-terrace, Bow-road,
and arrested Caisley. We followed the men and their
women from house to house. I know the plaintiff. It
was not from information received from him that the men
were apprehended.
Cross-examined—Brown wasapprehendod in December.
The women came to him, not the men. We followed them
to Shoreditch and Bow-common. I was told in January
that a number of burglaries were intended in the city, and
persons were cautioned no doubt. I did not hear Mr.
Walker's name mentioned.

Re-examined— One was always watching the pie shop.
I knew Roberts as the Quaker.

Inspector Brennan—l was engaged with the last wit-
ness in the endeavour to discover tho perpetrators of these
robberies. Did not act upon any information received

from the plaintiff or Roberts.
Cross-examined—ln January I heard there was to be a
burglary in Cornhill. If I had known the time I should
have been there. I did not hear the name of Walker, or
it would have been a shocking thing of me not to have
named it to him. _ _

George Ranger—l am a police-officer, and accompanied
the other officers. Was not indebted to the plaintiff for

information.

Mr. Walker, jun.— I am the son of the defendant. I
know these two watches—one was of the value of £33, and
the other £2O. 'The property lost was £6,000, and the
reward being £750, we paid into court £11; the proper
sum would be £7. _ _. _

Cross-examined—The selling price was £55 and £45.
Ultimately the jury returned a verdict for the plaintiff
for £250, and a proportionate amount of the £750 reward
for the recovery of the property found when the burglars
were apprehended.

THE LEITH MURDER.—On Monday, before the
High Court of Justiciary, Giuseppe Masselli,an
Italian seaman, was charged with the murder of a fellow-
seaman, named Giuseppe Profumo, at the Victoria Dock,
Leith, on the night of the 13th of November last. Both
men, who belonged to the same vessel, had been drinking,
in company with several of their messmates, at a dancing
house near the dock, and were returning together towards
their ship, when a foolish dispute arose between the pri-
soner and the deceased as to which of them was the
stronger and the braver. They closed with each other,
and, in the course of the struggle, Masselli stabbed Pro-
fumo, who fell mortally wounded, and died in the hospital
shortly afterwards. The jury found the prisoner guilty of
" culpable homicide," and he was sentenced to penal ser-
vitude for life.

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THE SUN, LONDON, WEDNESDAY EVENING, DECEMBER 20, 1865.

MIDLAND OTROUIT—LEEDS, Dec. 19.
(Before Mr. Justice Shoe.)
Eli Sykes was charged in one indictment with the wilful
murder of Hannah Brook, and was further charged in another
indictment with the wilful murder of her mother, Sarah
Brook, at Batley, near Dewsbury, on the 19th of August.
The prisoner was also arraigned for the same offences upon

the coroner's inquisition. The prisoner having pleaded
not guilty, was first tried upon the indictment charging

Mr. Middleton and Mr. Whitaker prosecuted ; Mr. Camp-
bell Foster and Mr. Waddy were for the defence.
From the opening statement of the learned counsel for
the prosecution it appeared that the prisoner, who was 19

years old, was a cloth finisher and a member of the West

Yorkshire Rifle Volunteer Corps. Hannah Brook, the

deceased, was 18 years old, and lived with her deceased
mother who was about the age of 60. All threct resided at
Batley. Prior to August last the prisoner had paid his
addresses to Hannah, who bad accepted him as her sweet-
heart. About the beginning of August last certain circum-
stances arose which led to a disruption between Hannah
and the prisoner. A young man from Wakefield began to

pay his addresses to Hannah. On the 13th of August, which
was a Sunday, it appeared that Hannah Brook went to tea
with Hurst, a neighbour, and about 5 in the afternoon the

prisoner passed by Hurst's door while Hurst and Hannah
were standing there. The prisoner came by again between

9 and 10 in the evening, and said to Hurst, " This young
man that is coming from Wakefield shan't have her, and
no one else shall." On the 19th of August, about half-past
10 in the evening, prisoner was seen in Commercial-street

at Batley, dressed in Volunteer uniform, with his rifle
and bayonet, having just returned from drill. He told a
friend " that he was going to Hannah's ;" his friend said he
had better not. About 11 the same evening a man named

Pease heard a cry of " Murder" three or four times, and on

going into the street he saw Sarah Brook bleeding from
wounds and standing in the street in her nightdress. From

something she said he entered the house and saw Hannah
bleeding from wounds in the neck, leaning against the fire-
place. The prisoner was about a yard off, inflicting wounds
with his bayonet on his own throat. Others then came in,
the prisoner was thrown down, and the bayonet taken from

him: During this time the mother came in saturated with
blood, fell down, and died at the door. In ten minutes

both mother and daughter were dead. A surgeon was sent
for, and while he was dressing the prisoner's wounds, the
prisoner said, " I feel easier in my mind now than I have
felt for a fortnight before." The police came and took the
prisoner to the lock-up at Dewsbury.
The following witnesses were called :
Hannah Hurst, examined by Mr. Whitaker, deposed,—
I live at Batley. I have known the prisoner for two or
three years. I knew the deceased Hannah Brook. The

prisoner lives near me. I remember Sunday, the 13th of
August. The deceased Hannah was at our houso on that
evening. The prisoner passed by about 5 p.m. Hannah
was with me. She left at 6. After she left I again saw the
prisoner between 9 and 10 that night. Prisoner asked me
if Hannah had gone home. I said she went home about 6.
Prisoner then said, " This young man that is coming from
Wakefield shan't have her, nor any one else." He then
struck his hat against the chair. I said, " Eli, I think you
are going out of your mind." Prisoner said, "You will

see." Ho then left.
Cross-examined by Mr. Campbell Foster—Prisoner was
a little excited. It was that that made me say "Eli, I think
you are going out of your mind." He hadLbeen courting
Hannah for two or three years, and was her accepted
lover. They were always affectionate. I never heard of
any quarrelling. I have hoard Hannah scolding prisoner
but ho never said a word back.
William Walton, examined by Mr. Middleton, deposed,
—I have known prisoner. I was in Commercial-street in
Batley on the evening of the 19th of August. About 25
minutes past 10 I saw the prisoner in rifle uniform with his
rifle in his hand. There was a bayonet in its sheath by his

side. I asked him where he was going ? He said, " I

am going to see Hannah." I said, "I would not if I was
you." Before that the prisoner had told me that she had
told him to stay away. He said, "I will." I said she had
gone by me about a quarter of an hour before. Prisoner
said, " Was there any ono with her ?" I said " No." Pri-
soner then loft me end went in the direction of Hulme-
street, where deceased lived. Prisoner was sober.
Cross-examined by Mr. Campbell Foster—Prisoner's
corps had been out marching that day. lie is a quiet and
inoffensive man. Prisoner promised to meet me next day
(Sunday) to congratulate me on my recent marriage.
Robert Jones examined by Mr. Whitaker —I live in
Hultne-street. I know the prisoner. Prisoner has been
with Hannah for 18 months. I have often, seen them to-
gether. I saw them at 10 o'clock on the night of the 19th
of August on the stepsof deceased's house. In consequence
of something I heard in a quarter of an hour I returned to
deceased's house.
Joseph Pease, examined by Mr. Middleton—l live in
Batley, next door to deceased. On the 19th of August I was
at home. A few minutes after 11 that night I heard Sarah
crying out " Murder" three or four times. I ran out. I saw
Sarah in the street in her night-dress. In consequence of
something sho said I went into Brook's house. I found
Hannah leaning against the fire-place ; blood was pouring
from a wound in her neck. Prisoner was standing about
a yard in front of her with a bayonet in his hand piercing
her throat. 1 seized hold of him and threw him. As I
threw him he struck at me with his bayonet. There was
a little boy four or five years old in the room. No one else
was present but Hannah and the prisoner. The little boy
was at the far side of the bed screaming. Fawcett and
Police-sergeant English then came in. Fawcett took the
bayonet from him. I saw a rifle on the floor of the room.
I noticed that the stock was broken. I saw Sarah again.
She dropped down dead just inside the door. Hannah got
past me and the prisoner. Hannah fell down about two
yards from the door. Other persons came in. Hannah
and Sarah were then laid on tho bed. Hannah was given
some water to drink. In two or three minutes Hannah
died.

Cross-examined—The prisoner had kept company with
Hannah for 18 months. He was always kind and affectionate
to her.
William Fawcett corroborated the last witness.
William English, who corroborated Pease, stated that
he took the prisoner to the lock-up at Dewsbury.
Jchn Martin, superintendent of Police, deposed that the
prisoner was brought to tho lock-up at Dewsbury at 20
minutes to one o'clock on the night of the 19th of August.
Blood was then flowing from a wound in his throat. Dr.
Thornton was sent for. While the surgeon was dressing
his wound prisoner said, " I feel easier in my mind now
than I did a fortnight before."
Patrick Murray, examined by Mr. Middleton, deposed—

I am a police-constable. I had charge of the prisoner at
the lock-up. Prisoner made a statement.
Witness was about to read something, when
Mr. Campbell Foster objected. It appeared that the
police-constable at the time reduced into writing what the
prisoner stated to him. The policeman afterwards made a
copy of this statement and destroyed the original.
His Lordship said that the witness could state from his
recollection what the prisoner stated. The objections were
disallowed, it clearly appearing that there had been no
threat or promise to induce prisoner to make a statement.
The witness then stated from his recollection as follows :
—The prisoner got up on his elbow and said, " I feel easier
and better in my mind now than I did before I did it. I
went to Hannah Brook last Monday night, and we were on
good terms. I went there last night. Her mother began
me and told me to go away, and would not have
me to come there. I asked Hannah if she would ever go
with me again. She said, No.' I asked if she was going
with another man from Wakefield. She said, Yes.' She
sat down on a chair and began singing, which aggravated
me. I took hold of the gun and hit her over the head
with the butt-end. She cried ont, Eli, let me alone, and
I will go with you.' I threw the gun on the floor, and
pulled out my bayonet and ran it into her. Her mother
got out of bed and tried to prevent me. I ran it into her.
I have told her many a time I would have my revenge,
and now I have got it."
William Bayldon, examined by Mr. Whitaker—l am a
surgeon at Batley. On the night of the 19th of August, at
11.30, I went to the house of the deceased. I saw Hannah
B.ook laid on the bed in the house. She was dead. I
examined her body. I found seven wounds on the left
cheek, one on the left side of the neck, one on the centre
of the loft shoulder, another behind the other shoulder, one
in front of the chest, one on the left buttock, one on the
side of the left thigh. They were all punctured wounds.
The bayonet produced is a likely instrument to produce
these wounds. I made a post-mortem examination. The
cause of death was those wounds. One wound was mor-
tal, penetrating the heart.
Cross-examined—l examined the body of Sarah ; she
had nine wounds ; the prisoner had five.
Mr. Middleton summed up the evidence for the prosecu-
tion.
Mr. Campbell Foster made an eloquent and able address
to the jury.
Witnesses were called for the prisoner, who all spoke in
the highest terms of the quiet and inoffensive habits of the
prisoner.
His Lordship then summed up the law and the facts to

the jury.
The jury retired, and after an absence of half au hour
returned a verdict of guilty of wilful murder.
His Lordship then addressed the prisoner as follows :

You have been found guilty of the crime of wilful murder.
My duty is to pass upon you the sentence of the law. I
would do simply this wore it not that one's feelings revolt
at consigning a fellow-creature to death without one word
of comfort and consolation. If.you seek for mercy by prayer
and repentance you will obtain forgiveness. I implore you
not to harden your heart for a moment. All good men who
hear of your sentence, and they will think it a just one, will
doubtless pray that the Lord may bo merciful to you. His
Lordship then passed sentence of death in the usual form.

Chappuis' registered whist-marker,. for long or
short, is now ready. Fancy card, is. the pair ; leather,
3s. 6d.; fancy wood, ss. 6d. Wholesale and retail of P.
E. Chappuis, the registree, 69, Fleet-street, and of all
wholesale and retail booksellers, stationers, and fancy
dealers. N.B.—lt is pronounced the best marker out.