The Sun.
London, England, 1853-03-03 00:00:00

CENTRAL CRIMINAL COURT-(THIS DAY).

OLD COURT.
(Before Lord Campbell.)
MURDER.

Charles Saunders, aged 32, described as a labourer,
was indicted for the wilful murder of Thomas Samuel
Toiler, a commission agent, residing near Chadwell-
heath.

The prisoner is a slightly-made middle-sized man, of
dark complexion, and of forbidding appearance ; he was
attic ed in the prison garb, and maintained a sullen,
almost stoic, indifference throughout the trial.
Mr. Cook conducted the prosecution, and Mr.
Sleigh defended the prisoner.

Mr. Cook briefly stated the facts of the case, and then
called the following evidence.
William Clowser, aged thirteen-and-a-half years, living
at Chadwell-heath, said—On Tuesday, the Bth of Febru-
ary, I remember going about a quarter past 9 in the
morning to school, from a place called Barley-lane—it
runs out of the road from Chadwell to Ilford. On my
way to school I noticed a man standing at a hand-post
at the corner of the lane ; he held a stick in his hand,
and was not a very tall man. That person was the
prisoner..

The prisoner here said in a low tone—That is a lie, I
was not there at all.

Witness continued—After I had proceeded a little
way I looked back and saw the prisoner go up to the
man and hit him on his head and knock his hat off. He
picked up his hat and ran away towards Chadwell. The
prisoner went after him and gave him another hit on
the head which knocked him down. I then ran away
to school.

Cross-examined by Mr. Sleigh—l noticed the deceased
come up the road to the hand-post where the prisoner
was standing. They walked together for about three
minutes before the prisoner struck the deceased.
Thomas Willis, a gardener, said—On the morning of
the Bth February I was working in a garden near the
road leading from Chadwell to Ilford, nearly opposite to
Barley-lane. About nine o'clock my attention was
called to a noise, but I cannot say what it was. On look-
ing over the pailings I saw a man struggling with the
deceased. I called to the man twice to leave off. He
did not leave off. I got over the pailings into the road,
and went towards them. When I got about a-quarter of
a yard to the prisoner, I saw him take a knife from his
pocket and run it into the man's neck. The deceased
was on the ground, and the prisoner was standing up.
He stooped down when he used the knife. He thrust it
into the neck under the ear. I did not see the deceased
move afterwards. He was not struggling with the pri-
soner when I got into the road. I went up to the pri-
soner and said, " You have killed the man." He said,
"He tried to murder me, and now I have murdered
him." William Clark came up at the time. When this
conversation took place the prisoner had a knife in one
hand and a stick in the other. The knife was covered
with blood. I went to Chadwell for the police ; when I
returned to the spot with a policeman, the prisoner was
not there. Soon afterwards I saw him in custody. The
poor man was lying on the road when I returned with
the policeman.

Cross-examined by Mr. Sleigh—When I went for the
police, the prisoner left the body, and proceeded towards
Ilford.

William Clark, examined by Mr. Cooke—l am a
labourer. On the morning of the Bth of February,
about nine o'clock, I was pushing down Barley-lane to-
wards London. Had gone down the lane nearly a
quarter of a mile, when I heard something which in-
duced me to look back, and I then saw one man beating
another with a stick. One knocked off the other's hat,
and the man who was attacked cried out "Murder." I
turned towards them, and shouted out to leave off. I
saw the deceased knocked down. The prisoner is the
other man. The deceased received a great many blows
with a large stick. The deceased held up his hand. I
advanced towards them, and saw the former take a knife
from his person and cut the deceased's throat. I saw
Mr. Willis. We both went for the police. The pri-
soner went away at a running pace in the direction of
Seven Kings' Water. The deceased never moved after
he was knocked down.

J. Gaywood, butcher, at Chadwell-heath, said—l
know the deceased. He told me he was a commission
agent. He was in the habit of going to London. I
believe he went every day. He generally walked on
foot. Chadwell-heath is about ten miles from London.
He appeared to be a very quiet mau. He was married,
and had three children. He was about 48 years of
age. Barley-lane is the way to London. It is about a
mile from the deceased's house. About 9on the morn-
ing of the Bth I heard that Mr. Teller was murdered.
I did not go in search of the prisoner, but I went round
to serve my customers. I proceeded to a place called
Littleheath, and stopped near the end of Barley-lane.
At this point there are three roads. The prisoner came
up when I was serving a Mrs. English, a customer of
mine ; she keeps a beer-shop and a chandler's shop.
The prisoner came to the door, and asked for a half-
pennyworth of tobacco ; he said he had got a box to put
it in, and he asked for a inciter match. The articles
were given to him ; he then left the house. I had never
seen him before, but I particularly noticed him through
the window as he went out, as my dogs followed, which
was a rather rare circumstance, as thy are very shy of
strangers. He walked away towards Barley-lane. I
followed him, and when I overtook him he was at the
end of the lane with a policeman. I did not observe
that he had a stick with him when he was in the shop.
When I came up to them I said to the policeman, " You
have just ;got him in time—l was just after him my-
self." I Krought Willis to see the prisoner, and he said,
"That is the man." The prisoner made no answer. I
took the prisoner and the policeman to Ilford gaol in my
cart. On the way the prisoner said, "I will tell you
the truth—he once attempted to murder me, and now I
have murdered him ; lie once hindered me from getting
4d. and a night's lodging, and something to eat ; four or
five others I would have served the same if I had had time."
I asked him if he knew him, and he said "Yes ; I did
not do it for want, but fo: something I have known of
him before." I asked him what he had done with the
knife, and he replied, "It is no use looking for it ; it is
a moral impossibility to find it. I have broken the
blade off in the ground, and buried the other part." I
asked what he had done with the stick, and he said he
had thrown it away on the common. I asked him what
Common, and lie said among some furze. I also asked
him if he had smoked the tobacco which he had bought,
and he replied " No."
Mr. Sleigh said he had no questions to ask this witness.
William Coll said—On the morning of the murder I
was at Aldborough-hatch-gate about a quarter or 20
minutes past nine. I saw the prisoner there '• he opened
the gate, and went through into the forest. His gate is
about a mile and a half from the end of Barley-lane.
He was walking fast.
John Metcalfe—l am a police officer, stationed at
Chadwell-heath. On hearing of the murder at a quarter
past nine, on the morning of the Bth, I went to Barley-
lane, and I there found the dead body of Mr. Toller. I
knew him well ; he was a very peaceable and inoffensive
man. I found him lying on the footpath, with his
throat cut. The body was quite warm, and there
were marks of blows, as if he had been beat
with something. The body was removed to the
Greyhound Inn, Chadwell, where the inquest was held.
I heard from Willis a description of the person who com-
mitted the deed, and I went in search of him. About
ten minutes past ten I was standing at the corner of
Barley-lane, and I observed the prisoner coming down
towards me from Little Heath. His appearance agreed
with the description given by Willis. I went and met
him, and asked him where he came from? lie said he
came from Chelmsford and Romford—that was the con-
trary direction. I observed spots of blood on his coat
and trousers. I asked him how they came there ? He
said .he had cut his finger with a flint stone. He showed
me the wound—he had a piece of rag on his finger.
The wound seemed to have been recently cut. I did not-
take him into custody, but followed him down the lane,
and past the very spot where the dead body was found.
I noticed the bottom of his trousers were wet. I met
Gaywood, the butcher, at the top of the lane, and he
brought Willis to identify the prisoner. Willis, on
seeing him, immediately said, ," That is the man." I
then took him into custody, and conveyed him in Mr.
Gaywood's cart to Ilford. The prisOner on the way said
he would tell the truth, but I cautioned him that what he
said would be produced against him in evidence. (The
witness corroborated almost to the letter the conversation
which took place in the cart as deposed by Gaywood.) I saw
the stick produced in a stubble field, near the Seven
Kings' Water, about a quarter of a mile from the spot
where the body was found. (The stick was a short,
thick knotted one of black colour.) All he had upon
him was two books and a silk handkerchief. None of
the things known to be in the possession of the deceased
were missing.

Edward Toiler, brother of the murdered man, said the
deceased was 48 years of age.
Mr. Edward Sullivan, assistant to a surgeon at Ilford,
deposed to seeing the body of the deceased at the Grey
Horse Inn, at Chadwell, on the day of the murder.
There were several severe wounds on the head. There
was also a wound from one side of the throat to the
other. It had been committed by a sharp instrument,
and was the immediate cause of death.'
On cross-examination—the witness said he agreed
with the opinion expressed in a medical work, that in-
sanity was very often transmitted from one generation
of a family to another.
A man named Smith, a bricklayer, at Chadwell, said
he was in the habit of coming to London with his cart.
He came to Lot don on one day at the end of December
last. On his return he met Mr. Toiler, whom he knew
well, on the Mile-end-road. We had been waiting for
him in order to get a lift on the i oad. While I stopped
to give the horse some corn, the prisoner came up and
asked me for a few half-pence for a night's lodging. I
told him I had nothing to give him—that I worked for
all I got, and I asked him why he did not go to work as
he was as well able to do so as I was. Mr. Toiler then
came up and said, "He will not work—he is a regular
impostor : I have seen him before." I then went away
for a few minutes to attend to the horse, and while I
was standing aside I heard they were on the quarrel.
On returning to them they were still at words. Toiler
said, " I have a good mind to give you into custody."
I told the prisoner the best thing lie could do was to
toddle off about his business. Toiler said, "We have
nothing to give you," and as the prisoner was going
away he turned round and said, "I should like to' give
you something." We then went into a public-house and
got some refreshments. We saw nothing more of the
prisoner. I knew the spot in Barley-lane where the
body was found perfectly well. I have seen the prisoner
frequently in that lane. About four days before the
murder was committed, I noticed him about a quarter
of a mile from the spot with a short stick under his arm.
Mr. Sullivan was recalled and said he visited the pri-
soner frequently at the gaol, having been called to attend
him for the wound on his finger. I had conversations
with him on each occasion, and it appeared to me that
he was labouring under a delusion, not only that Mr.