The Sun.
London, England, 1862-07-19 00:00:00

little more fancy. A witness named Haskell would
tell them that on the morning of the murder, about
7 o'clock, he had occasion to pass through Hard-
ing's field, when he observed the cows, which were
perfectly calm, and there was nothing that
attracted his attention ; but on again being there
about half-past 10 he observed footsteps by the
lane, apparently of trampling, and that so far
attracted his attention that he went four yards up
the lane, but was then stopped by the depth of
water in the lane ; he saw a pressure on the bank,
and it was evident that somebody had gone up
the lane. He then went into a field called Lopez ;
he went along the footpath and saw the pri-
soner coming up through Harding's field, some
little distance off. They got within 20 yards of
each other; the prisoner had on a dark smockfrock.
The trousers of the prisoner were wet up to the
knees. His boots were unlaced. The cows appeared
to be disturbed, and they were looking into the
hedge, near which the body was found. Haskell
went on towards Fordiagbridge church. He ob-
served that the prisoner followed him until he
came to the stile. He then got behind a tree, as if
watching him. The next witness would be a man
named Gosney, a shepherd, who had occasion on
that morning to go to look after his sheep. He
went into a field called Amberland, in which the
sheep were. He saw the prisoner sitting in a dry
ditch in which there was neither water nor mud.
It was perfectly dry, and had been so for some days.
The prisoner was sitting in that dry ditch, appa-
rently rubbing down his trousers, and as Gosney
approached him he took up something, and he then
walked on in the direction in which he lived. The
next witness would be Mrs. Philpotts, the wife of
the half-brother of the prisoner, who would tell
them that he breakfasted with the family that
morning ;he went out at half-past nine ;he had
on a white shirt which she had washed for him; it
was then without a tear. He came back again a
little before one o'clock. Her little boy said he had
seen his uncle George hang out his stockings in the
hedge, and he put his hands on the prisoner's trou-
sers, and said, " Lord, uncle George, how wet your
trousers are !" The prisoner made no reply. He
then sat down and went to dinner with the family.
After dinner the prisoner said he wished to change
his shirt, which was a white one. Mrs. Philpotts
told him where to find another shirt, and he went
up and changed it. The white shirt was torn as if
in a struggle, and the sleeves were wet. He should
then prove by the dairymaid that at 12 o'clock that
day she went to a christening at the church. She saw
nothing to attract her attention in Harding's field.
She returned about one o'clock to dinner. Miss Hall
was not there, but the family thought nothing of
her absence, as she sometimes went to her cousin's. At
3 o'clock the dairymaid left her master's for the pur-
-1 pose of going to church. She saw the prisoner
going towards Midgham-moors. Mrs. Philpotts
went out with her little boy about half-past three
o'clock for a walk. She had not gone far when she
saw the prisoner coming in the direction of her
house ; he had a parasol in his hand. She said,
" Wherever, George, did you get that parasol ? "
The prisoner replied that he found it in Harding's
field flying about, and the cows making a great
noise. He then asked her if her husband was at
home. She said he was, and asked what he wanted
with him. The prisoner replied that he had found
a woman dead down in the ditch, smothered in mud.
The prisoner had given three accounts of finding
the parasol; one was that he found it flying about
in Harding's field ; another that he found it within
18 yards of the murdered woman, and that it was
in Coomb's field. It was impossible, owing to the
thickness of the hedge, to see the dead body of the
woman unless a person went close up to the hedge.
He should call several witnesses who were present
with him when the body was removed. The prisoner
did not assist in the removal, nor did he go into
the lane. Other persons went into the lane and
took up the body, and had the melancholy duty of
taking it to Midgham farm, and disclosing to the
young lady's father the distressing event that had
occurred. It must have been shortly before half-
past 3 that he said he saw the parasol flying
about;
whereas, the dairymaid who had passed shortly L
fore that saw no parasol, and the cows were quiet.
When the prisoner was taken into custody two
policemen were present ; the prisoner was cautioned
in the usual manner, but he said and persisted in
it that he was at home all day until 1 o'clock, and
that he had had a nap in the garden. He was out
during the whole time ; he denied that the white
shirt was his, and said that he had on a
coloured shirt, and that he had changed it
before breakfast. He should prove that be had
one white shirt which he changed after din-
ner. There was another strong circumstance,
some spots of blood were seen upon his waist-
coat, which were evidently fresh. His account was
that his nose had bled a fortnight before. One
of the policemen told him it was important for him
to prove where he was on Sunday morning. The
prisoner, after a short consideration, sent for Gos-
ney, and asked him what time it was when he saw
him in the ditch, Gosney said about a quarter-past
11, and the prisoner said " That's right." His boots
had apparently been washed, but there were pieces
of mud adhering to them. In the dry ditch three
pieces of grass were found as if torn up, they were
wet and dirty, and smelt like the mud in the lane.
There were some other statements which the pri-
soner made to the constables. He stated to Rod-
doway, "I have been in pretty near as bad a mess
as this ; do you think it will be a hanging touch ?"
The constable said, " I do not know, it makes me
feel ill to think of." The prisoner said, "Soit do
me. I should be glad to get rid of it. This will be
the last time you will have to take me :up." There
was another remarkable fact—A person named
Jefferys, who was the sexton of the church, would
tell them that they were working together on the
Saturday. The prisoner was working in his shirt-
sleeves, and he had on a white shirt ; that was tole-
rably clean, and was not at all torn. Jefferys took
particular notice of his boots ; tney had nails all
round them, and he thought they corresponded
with some footmarks which were near the lane. He
believed he had now stated the leading facts of the
case. It was peculiarly a case of circumstantial
evidence. The facts were themselves very slight,
but it would be for the jury to say whether these
were reasonably consistent with the innocence of
the prisoner. If they were, let them by all means
acquit him, but if they brought home a conviction
to ',heir minds that the prisoner was guilty, he was
sure they would not hesitate to do their duty by
convicting him.
The witnesses were then called in support of the
statement of the learned counsel, but as that evi-
dence was given in extenso in The Sun of the 4th
inst., it is not necessary to repeat it.
Mr. M. Bere then addressed the jury for the pri-
soner. He stood in one of the most awful positions
I possible; he was the unexpected advocate of the
prisoner. As the summing up and the verdict
might be influenced by the address he might make,
he felt he was in a most terrible position. No ex-
pense on the other side was spared. Counsel of the
greatest eminence were engaged—one eminent for
his eloquence and the beauty of his language, and
the other eminent for his skill and experience—who
would watch well every word that was uttered. All
the sympathies of every one were properly enlisted
against the prisoner, for the facts proved were not
of a common kind. The unhappy young lady had
left her hitherto pleasant home to attend her reli-
gious duties, to pray for forgiveness of her sins, and
to ask to be protected from any temptation that
might assail her, but was brought home in torn and
dirty garments, and laid a corpse at her unhappy
father's feet. Every feeling was against the pri-
soner, and his only hope was in the impartiality of
the learned judge and the honesty of a British jury.
His learned friend had opened the case with great
forbearance and in a manner that did him the
greatest justice. It had been said that circumstan-
tial evidence was much safer than even what was
called direct evidence ; but they must see whether
each link in the chain had been clearly made out.
He thought there had been a determination on the
part of the witnesses to carry the case against the
prisoner as strongly as they possibly could, and this
applied partieulariy to police officers, who looked
upon every person taken into custody as a most un-
mitigated villain. He did not know at what time
the theory of the prosecution considered this murder
to have taken place. If the jury thought that the
time when the cows were first seen to be disturbed
was the period when the murder was committed,
hew
the first link in the chain was made out ;
did that show theprisoner to have had anythhinu
with it, for Haskell said the man he saw r at thatsvore a light
had on a dark slop, whereas the prisen:s to be taken
one. But if nearness to the to do
Boner being wet,
as a test, then Haskell was nearer
soner. As to she trousers of the pro]
have got them wet in
.ovirit than the pri-
why could not the prisoner
any other place than
sees was not conclusive of the
Holmes-lane ? The fact of
the wetness of the trousers
that lane. Then came the
prisoner having
the
bewenhe
found on the body of the poor
information,
prisoner had said that he got
blood. No bloo
The
murdered girl.
and lifted up her head. Aligh.t not
hedge got upon his waistcoat at that time
over the
until after the prisoner had gone
out after dinner. Another fact was, that tne pri-
was the first person who gave the infer
ftohre
ibtlowoads have got
sonar
and therefore it was said that he must have been the
murderer, and because he had made different state-
ments as to the manner in which he first saw tl
body, but animals had seen it, and, if they saw it,
t,
why could not the prisoner have seen it. He saw the
parasol, he heard the cows making a noise,
and he
got over the hedge to see what it was, and that he
did not know who it was ;but other witnesses had
said that the body was so disfigured that they could
not for some time discover who it was. It was very
hard that th,:. unpractised answe •
is given by a man to

questions put by a practised and well.skill6 '1 police
officer should be brcught against him, not for an
offence which subjected him to banishment or impri-
sonment, but for a crime which would take from him
his life. Was not the prisoner's conduct consistent
with his innocence, if not inconsistent with his guilt.
Would tfelY convict the prisoner upon the evidence of
the smell oi mud ? Did they think that
when there
had been thie • death-struggle to protect her honour his
coat would ha ye remained without a tear ? The pri-
soner must have been an unheard-of villain te, have
sat down in a core.nosed and calm manner to eat his
dinner withthe fans.
ily immediately after he had com-
mitted so dreadful, so diabolical a crime. He thought
he had gone through el, ery fact. Did they ever hear
of so brutal a murder hav:ng been committed without
a motive ? He knew not wh„et the theory on the other
side was, but he urged that tilt' medical evidence had
completely shown that there hadill been
ex n no vidolatiundon.
visteer
He did not believe that such a
God's Heaven, who would commit aisuch monstrous
crime without a motive, and he confidently con-
tended that no motive had been proved, Why did
the prisoner give the information ? Why, if he
committed the murder, did he not leave .her there?
Instead or thae, he went and told his brother, and
took him with ieim to the spot. If they could say
prisoner wes guilty, they would say so, without a
motive being shown. He hoped they would give
his observations the attention they might deserve.
If they acquitted the prisoner, and he should be
guilty, his suffering mind would be a greater
punishment than his immediate removal from this
life. Let them pause before they pronounced the
solemn word of guilty. If they did pronounce that
awful word, a ecene would in a few days be enacted
in this city, when the bolt would be drawn, and
the prisoner, with all his sins upon his head, would
be hurried into et ernity.
Mr. Justice lie ating then summed up. They
would look to the eyidence and the evidence alone.
It was a case of circumstantial evidence, which re-
quired to be carefully teed vigilantly watched. No
human eye looked upon ,the deed except the mur-
derer and his victim. it ,was not for the prisoner
to show how he committed
he murder if he did not,
t.
but it was for the prosecutio n to make it out to
their satisfaction. If they allc, wed the considera-
tions of the consequences of their v erdict which had
been urged upon them by the learn ed. counsel who
had so ably addressed them to linfinonce that ver-
dict, then they would fail to discharge their duty.
The leerned judge then went through all the evi-
dence. When a prisoner was in custody on a
charge it was better that the police should abstain
from putting questions, although accompanied by a
caution; but if a prisoner made a statement volun-
tarily it was the duty of the police to take it. The
magistrates' clerk had gone beyond his duty in
putting questions to the prisoner. The jury would
give their verch;ct upon the evidence--on the one
hand, discardinj from their minds any rumours
they might have heard before they came into that
box, and disregeeeding any suggestion of conse-
quences on the othe. r hand.
The jury retired fc, T about 25 minutes and then.
returned a verdict of
His Lordship then ac,ldressed the prisoner—After
a long, a patient, and fair trial, the jury have
found you guilty of m uteler—murder, under cir-
cumstances of aggravation which present a case
almost without parallel In the history of crime.
That unfortunate young lady', upon whom you cast
a lustful eye, you attempted to dishonour; but you
experienced a degree of resistance which led to
her cruel death. Ido not advert to these circum-
stances for the purpose of aggravating the horror
of the position in which you stand, but I advert to
them for the purpose of endeavouring to induce
you to forego the hope •of any mercy here, and to
look for it hereafter. Tirre will be given you--
that time which you did not give to your victim,
for you hurried her to her great account at a
moment's notice. The law will be more merciful
to you. You will have some time to think of your
past course in this world, and etedeavour to pre-
pare yourself for that which is to come. His
lordship then passed upon the prisoner the awful
sentence of death, and the prisoner was then re-
moved from the bar.