The Sun.
London, England, 1849-04-05 00:00:00

we shall ever be in such a state of excitement as I main features of the case so fen but there are details to '
these witnesses- were then in ; but who con say that which I shall shortly direct your a-tention—l say shortly,
he would have his faculties sufficiently about him because if the main features do not satisfy you of the
under such circumstances to observe what happened? I prisoner':. guilt, I never would have you to rely on very
Even where there is las excitement a great difference in minute circumstances, as they are apt to deceive, and
the minute details of evidence always arises. In the I yotteennot fully depend on them. These minor circurn-
pteeent instance, one witness who had his eyes to the stances are these. The murderer dropped two papers in
door saw a figure and a flash of light, while the other, the Hall. It has been attempted to be shown that these
whose attention was not directed in that way, saw no papers came from Rush. (His Lordship read the netic,.s
thing. About twenty minutes af:er the body of Mr. signed " Thomas Jermy.") That Thomas Jermy knew
deny was found in the porch, and was carried with nothing of these notices was quite clear. Who then
the' -f his son into the dining-room, both were ex- wrote them? In order to show that it was the prisoner,
are ed, and from both a number of pieces of lead were Jesse White swore it was his handwriting, though in a
ta' .. Whether these pieces of lead were like round disguised hand, and that there were two or three of the
or slugs is entirely unimportant to the question letters which he knew to be Rush's. Now, I must say, if
evil:: ►we are now considering. What, then, do we I were a juror, I would not attribute a feather's weight
leas- from all this? Whatever other matters arc in to this. The_ witness, no doubt, thought he was right,
doubt, it appears clear that the person who shot young and might be so, but in printed characters such as these,
Mr. Jermy was guilty of the murder of Mr. Jenny, sen., it would be almost impossible to speak with confidence,
.` I cautiously use the words " guilty of the mur- and such evidence was unsatisfactory. All you can say
because it is a possible hypothesis that the hand is, the papers were written by some one whose writing
teett shot young Mr. Jermy was not the hand that shot is not dissimilar to that of the prisoner. But there is
his father, I need, however, hardly tell you that if two other evidence of some importance. Among Rush's papers
or more persons come together on a common enterprise, were found two books, just of the size and with similar
and one kills one victim and the other another, they are covers to those produced. The prosecutors say thatk the
both equally guilty of the murder of each. If it was covers on which the notices were written were the
done by two persons, it was done in concert, because covers of these books, and I can only say the same also.
the hypothesis that they. should come for such an In the books found in Rush's house are two, with the
object without concert is obviously absurd ,• but labels on the makers (" Messrs. Gerrard") upon them.
if there is any
doubt about that, the similarity Mr. Gerrard, on being called, says, that in 1848 he made
of the slugs found in the two bodies and on the floor up certain books for the purpose of teaching book-
proves the thing to demonstration. Therefore, it is keeping, in sets of five, three large and two small. The
clear that the man who was in the house was guilty of three large had labels upon them. The probability
the murder of Mr. Jermy, whose body was found in the therefore is, that whoever had bought two of these books
porch. There remains, then, only one thing, viz., to would have bought the third, and inasmuch as only two
discover who was the man who shot Mr. Jermy. The were found in Rush's house, that he must, at some time
prosecution says it was the prisoner, and that is the or another, have had the third. It is said that the covers
point which you, gentlemen, must satisfy yourselves on which the notices were written are exactly such co-
upon. To show you who was the man, the first evidence vers as those of the missing book would have been. They
is the same that I have already called your attention to are of three sheets of paper in order to make them
in showing what the prosecution teas. (The Judge read strong for children's use. This evidence is to my mind
the evidence of Watson, Chestney, and Reed on this much stronger than that of the handwriting; but Ido not
point. Ile was interrupted by the prisoner, who wished rely much on it, for, after all, who could tell but that the
to have mentioned some little discrepancy as to his book might have been taken from the prisoner by some
movements. The Learned Judge then continued :)—lt other person, and the book might still be somewhere at
makes no difference in the world where the man was his house? It is suggested that where two books are
when Watson suet him. It does not matter a farthing found you should find three; and this goes in some
whether he had turned the corner or not. You see that degree to connect the prisoner with the notice.
out of the five witnesses who saw the murderer at Stan- Prisoner—There is one observation I wish to make,
field-hall, four state their confident belief that the pri- my Lord. Mr. Gerrard sold 100 sets of these books. Do
soner was the man. The fifth never saw him before, you think you could get them complete in every house
and could only say that the murderer was a stout-built you went to? This is really very extraordinary.
men. Now, this is very cogent as evidence, but at the same The JUDGE—WeII, that is very fair. I put the case
time several observations would apply to the evidence if in another way. There is another circumstances men-
it rested there. The very confusion attending such oc- tioned, but I don't think you can attend to it. The book
currences was unfavourable to such evidence, and I have missing is the cashbook. In the cashbooks of the set
pointed that circumstance out in every case when laying faint lines have been made on the covers by the ruling,
evidence of the kind before a jury. There is no sort of and if there were light enough you could see similar
evidence that is given which is more convincing, and yet traces on the covers produced. In addition to this it has
which has been more frequently proved to be completely been relied on for the prosecution that the prisoner was
unfounded. A striking instance of this occurred in a in the habit of going out about the same hour on several
case where a jury convicted a man of a gross and mur- nights before the 28th, and the suggestion is that he did
derous attack upon another person. It afterwards turned so with the intention of committing the same crime
out that they were mistaken. But, at the same time, in which he afterwards had an opportunity of doing.
my experience, these mistakes were in the instances Whether that may be so or not I will not say.
where men had a long time to look at a person who was Prisoner—lt's extraordinary to say I went out at the
previously a stranger. We are less likely to be deceived same hour, my Lord; no such thing was proved.
in the appearance of a person we know than by looking The JUDGE-1 really don't think it matters whether
for a while at one we don't know. If any of you, gen- you went out halt an hour more or less. (Ills Lord-
tlemen, begin looking at a man sitting at that table, and ship then reviewed the effect of the evidence so far, and
he goes out, I think you would pause before you swore continued.) The morning after the murder the police
to Lim afterwards; but if you have only a sufficient went to Potash, arid somebody at the ;all must have
knowledge of a man's appearance, a momentary glance told them to do so. It is stated by the prisoner that
will in an instant tell you that it is him, Take, for in- this should go to his favour, because they went there on
stance, one of your children; you will recollect him at account of his known hostility to Mr. Jermy. At all
once by signs which perhaps it is impossible for you to events they had the police watching the farm, and the
deecriee, You will say, " I don't know how, but I am prisoner conducted himself like a man who had com-
as certain as lamof my own existence. I feel a degree mittod a great crime, as well as giving a false account of
of confidence which it is impossible for me to doubt." himself when ho is arrested.
Tine question, therefore, comes—Have these four wit- Prisoner—But was it likely I should have made the
maces a sufficient knowledge of the prisoner Rush? observations I did to Emily Sandford if such a thing had
That as to Mrs. Jenny is as follows:—Rush appears to been on my mind?
lieve been on odd terms with Mr. Jermy, sou., sometimes The JUDGE—TiIe prisoner suggests, gentlemen, that
ceiling on him, and sometimes quarrelling. what he said when he went home was in his favour,
Priscner—My Lord, I don't know this elm Jermy. and you are not to mind the inference I draw, but to
Baron ROLFE—That is a proper observation, and I form them for yourselves. The next question is what
don't complain that you set me right. Yet one can't un- could have prompted the prisoner to so dreadful an act
deestand but that Mrs. Uermy must have been in the habit —one happily so unusual and unprecedented as for a
of eeeing the pi issuer. That being so, he was in the po- man to go out in the dusk of evening to murder the owner
sithon of a man nut an entire stranger. The servants and the son of the owner of the adjoining estate, and to
W.;:re in the habit of seeing him go along the passage. attempt the life of a lady and her servant? It is true
I,: Is made out that the man who was seen there on the great crimes are often perpetrated without any imagine-
neeht of the murder was disguised—how, we don't know. ble motive, but when motives did appear to exist they
Ines it a person is well known it is not quite so easy were so far a means of arriving at a satisfactory con-
fr him to disguise heneell as at first sight may be sup elusion. On the part of the prosecution it is attempted to
peoel. That being so, the four witnesses swear as I be shown that a most malignant feeling existed on the
la zee read to you. I would advise you not to pay much part of the prisoner towards Mr. Jermy. I confess I pay
attention to the difference between the use of such words no regard to the evidence of Howe. I don't inquire
as " I believe it was the prisoner," and more posi- whether it is true or not; but suppose a man talking to
tive expressions. All you know is the confidently a lawyer or his clerk about a lawsuit to use angry ex-
expressed opinion, that the prisoner was the man. It pressions, it suggests no more to my mind than if he
thus becomes very important to see what other evi- said, " I'll break his head." Other observations of a si-
deuce there is; whether there are circumstances con- nailer kind I would dispose of in the same way; but these
sistent with the guilt of the prisoner
.and inconsistent remarks do not apply to two letters which the prisoner
with his innocence. The main evidence that is relied on put in evidence—one dated April 26, containing a most
fen this I proceed to notice. Rush is living at Potash-farm malignant strain of expressions towards the deceased,
Iles Lordship tben proceeded to read his notes of the and another of an earlier date. But in addition to this,
evidence of Emily Sandford, and when he came to that there is attempted to be shown a long series of transac-
portion of it where she sail the prisoner went out and tions whieh led to the result, that if the Jermys could
returned about 9or half-past 9 o'clock, observed—" Now, be murdered, a large property, to tho amount of many
If he is a guilty man, it was during the interval he corn- thousands, would come into the possession of the
milted the murder; if innocent, he was otherwise occu- prisoner, and which if they were living he could not get.
pied." Having concluded the notes of her direct evi- If this be true it is not confirmed or weakened by any-
eence, his Lordship proceeded to her cross-examination. thing I have said. The evidence of this motive is to be
The prisoner's account of his behaviour was that he was foundintho papers to which I shall now callyour attention.
moved to tears by reflecting on his behaviour to her, and There were in London two claimants to the Stanfield-
by thinking in how terrible a position he had placed her, hall and other estates, named Jermy and Lerner. The
so that he could not take her to the c eacert. He sail prisoner held leases of two farms at Felmingham, of
ha wen touched by her ready acquiescence, and moved which the leases would expire on Michaelmas. In
to tears by the way in which she at once consented to October he entered into a negotiation with these men to
forego her wishes with respect to the concert. She goes put them into possession of the Felmingliam property,
on to say that on the night in question he went out about on the understanding that they would sign an agree-
7or half-past 7 o'clock, went to give him a beneficial lease of those farms ; but
Prisoner—When you get on further, my Lord, you as possession could not be had till the 11th of October,
v 'ill find something else—she said it was an hour and a there was another agreement actually carrying out the
halt' between the time I went out and I returned. terms of which the agreement of the 3d of October con-
The JUDGE—I can only state what I have got here. tained the effect, signed subsequently. It was arranged
In her cross-examination by the prisoner it was ad- that Emily Sandford should come down to Norwich on
reined by this witness that he went twice to her room the sth of October. She was met by Rush, and he brought
that night, although she said nothing about the second her over to Potash. At that time it was occupied by his
occasnoa of his going into her room. It further ap- son and son's wife. She was taken to Rush's bedroom,
peered in her account of that night that the prisoner on which was separate from the rest of the house. On
going into the room had talked a good deal, and that Tuesday following it was proposed she should go over to
among other matters they had spoken about the concert; Norwich. It was arranged that Savory, the servant-
and so far this bore out the assertions of the prisoner, boy, should drive her. The prisoner was to go in the
for they conducted themselves as if they were man and gig with her towards Stanfield-hall, where he said he
*lre, and us if nothing horrible had taken place. How- wanteel to go. They went as far as they could in the
ever, it is for you to say whether this was a blind or not, gig, when they got out. He went to the ball. She
but as far as it goes it bears out what he says about the waited 20 minutes; and when he returned he said he
concert. Supposing nothing else had been proved, had not finished his business with Mr. Jermy, but hoped
Verse ants would not show what he did, but they he should do so. (His Lordship then read his notes of
would show that ho was at something or other the subsequent evidence of Emily Sandford as to the
which pressed very heavily upon him. If the evi- copies of papers which she made at Rush's request while
clene.e rested there, the effect of it would be that Mr. at Norwich. His Lordship then read the papers, and
Jermy was murdered—that four people felt confident, commented on them with great care and minuteness,
more or !eve that Rush was the murderer—that he during which he wss several times interrupted by the
was out at the time of the murder, and returned home prisoner.) If those papers had been prepared before the
under circumstances which showed his consciousness of murder it is useless to speculate on any further
something very terrible having happened. From the motives. The forgeries could of course have been de-
tirst moment this evidence was given my attention was tected during the lifetime of Mr. Jermy, but after his
given to show how the rest of the evidence might be death these could have been put forward as genuine
brought to bear upon it, and how it could be explained deeds. Supposing the wicked designs actually fixed on
away; for as it stood there were two or three modes there was no time to be lost. On the Thursday following
sty which it could be cleared up. The prisoner, for in- the murder Mr. Jermy would have a right to take peg-
stance, might have been out in search of a poacher, ses •of Potash. Here, then, the prisoner is connected
end might have met and shot him. His agitation so far wittondeliberate fraud, and he waited till the last mo-
showed that something terrible had happened, but not relent of time when it desirable to carry his design
that he was a murderer. But coupling it with the fact into execution. IhatvweAlsooked very carefully last night
that he was recognised at Stanfield-hall, it might be dif- over all thevdence
df there is anything to affect
of
fher points, for, as to
Ikult thcome to any other conclusion than that he was the credit of Emily Saunsdefeori
the murder, it is
the guilty man. The prisoner therefore made a state- what took place on the night()u
sent the object of which was to show that all the wit- possible to deny it, because is admitted the prisoner.
Less stated was true, not strictly so, but slightly coloured, In her first depositions she stated what, 'fy' in charity we
but that his conduct arose, not from the fact that he had must not think to be a deliberate pe
been murdering Mr. Jermy at the hall, but that he knew stated with an intention to deceive rnyd W a
there s at least
something was going on and that he was therefore agi- tainly reason for distrusting, though not is
disbelieving,
rated and alarmed. the evidence of a person who has departed from the
Prisoner—After I heard the fire-arms. Yes. truth. (His Lordship then read his notes of the evi-
The Junen.—The account, he gives is this—(His dence of Emily Sandford at length, and compared it
Lordship read from his notes the statement in with her depositions as he went along.) Looking at
question, which has already appeared in the the case chronologically, you have a strong motive
papers, and continued)—Now, gentlemen, •if this pressing on the mind of the prisoner to get rid of
were true, the prisoner certainly would not be Mr. Jermy. Two nights before the time when it was
guilty of the murder of Mr. Jermy, but, morally, I could necessary to murder him to make the forged documents
nest see much difference in his conduct. He had heard available he was murdered. He was seen by five people,
shots fired and the bell rung at the Hall. Ho must have tour of whom say that it was Rush, though disguised.
guessed something terrible had happened;. but be went On that night ho was from home at the time of the
quietly back, and made no effort to assist the people lie- murder. Ile confessed that there was something going
mg there. However, the morality of his act has nothing on; he was greatly agitated on his return, and told the
to do with his present guilt. But let me see if it is pos- woman he was living with that he was only out ten
allele to give credence to this account, setting out of view minutes. Before the magistrates he gave no explanation,
that fact, that in spite of his animosity he should but but now he comes out with the story you have this day
have tried to save the life of one whom he called his heard for the first time. It is quite clear that the dress
fiend, and of his son. When he was taken up next he was out in that night has been made away with.
morning at 8 o'clock, and when the police said to him, He confessed that ho had burned the green frock, and
" You are said to be the man who murdered Mr. Jermy the pair of boots in his bedroom were not accounted for.
last night," would he not, if he possessed common sense, Do these things not convince you that he did the mur-
have said, "I murder kr. Jermy ! Never. I know who der? If from anything that has been said you have
they were that did it, and I will give you the best ac- doubts, your verdict must be Not Guilty; but at the
count in my power. Ono of them is a man named Joe, same time it is not permitted to any body of men to con-
and another is a man named Dick, and another calls jure up doubts, if in the bottom of their conscience they
himself a lawyer. They were the people who feel none.
did it, because I know they were going to take The jury then retired and were absent for six minutes.
forcible possession that night?" That was what a On their return—
man's interest, under the circumstances, would have in- The Cleric of the Crown addressed them—Gentlemen
duped him-.to say. You, gentlemen„ may form your of the jury, how say you; have you found the prisoner
own opinion. upon it, but
confess that is the light in guilty of the murder or not?
which it strikes me, lam bound to see equal justice The Foreman—GUlLTY.—(Sensation in court.)
done between the prosecutor and the prisoner, and I see The prisoner immediately seized, with a convulsive
no other way in which I
tcoaub put this. Ile knew a grasp, the sides of the dock with both hands, and ex-
dreadful outrage was going
nuaenuri!;itnitted; next morn- claimed—" I knozo it is all up now, my Lord."
ins ho hears that two gentlemen had been murdered, The Clerk then proceeded—Gentlemen, that is your
and a lady aid her maid all but murdered and he never verdict —you say the prisoner is guilty, and so you
says one syllable about the whole affair eexacept on day, and in the course of last:January,
wh this say all ?
a rote se letter to his solicitor with anintentionshtoofs satyastinneg the
l ib jurye voice, Here
in an au and most of them added,
a;1 h e knew about it. Here, then, the facts
—(flis Lordship recapitulated the evidenceansd thus. The Clerk then addressed the prisoner—James Blom-
dvo bowede, "A "All. assent,
enf,
ou see, then, he return t:d home at the time e
inf athr.e) field
Rush, you have been accused of the murder of Isaac
H greatest possible agitation. e knew something her_
Jermy on an indictment preferred against you and found
rible had happened, because, by the grand jury, to
according to his own state-
tepee of deatLhoui:ohl:trui;
ment, he had heard shots find and the hall bell put yourself on a jury of your country, which jury have
not be
you pleaded not guilty', and
ring. He is taken up, and he never gives the least teurm you guilty. What have you now to say why sen-
hint of his story, though it would have absolved him to law?
at once if true; for if so, there could have been some
cibetopassed upon you according
Baron Ro then put on the black cap, and amidst
trace of the people he men-tions— some of these persons profound sile
in the business would have come forward and awful sentence" passhipon the prisoner the
said, I was employed in taking possession, but was not and measured solemeniltayw;ersall()thspseauiskdelveirneadifonniet ofofslhoiws
manner, and the power of hisr,lloa;igruteenaede,u,
an accessory to a murder. But no one of these people
J a my eesu
bßalyoen
beentield
is found—no one comes forward. I have watched with profoundest impression. Ile r Produceddße rya
crime
r theme
See greatest anxiety, and have looked over thin papers to Rush, after a trial unusuall
which I had access must carefully, to see what ex lava- found guilty of the chargeyo,
ton could be given, and the moment he came to this part the highest any human being canl wilful
of his case, gave it my most undivided attention, and the deepest under any circumstapnecrepsetiOafteexoUtenarattihoenr;
Veis is my deduction. But if this statement should bean but I regret to say that in your case there is everything
netruth, how does the matter stand? Not only do all which could add a deeper dye to guilt the most ho
these people say it was Ra.,g, and net only is it proved rible. It appears from letters which you yourself put
u conducted himself in an extraordinary way on the night in that to th father of the unfortunate victim of your
question, but some time after he is arrested he concocts malice you owe a debt of deep gratitude. You coin
completely false story of his whereabouts at the time of
making the unfortu-
menced a career of crime by endeavouring to cheat your
tie transaetions which then took place. These are the landlord; you followed it up by

nate girl whom you had seduced the tool whereby
you should commit forgery; and having done that, you
terminated yonr guilty career by the murder of the eon
and grandson of your friend and benefactor. Moro can-
not be said. It unfortunately sometimes happens that
great guilt is too nearly connected with something that
is calculated to dazzle the mind; but, fortunately, in
your ca s, you have made vice as loathsome es it is ter-
rible. There is no one who witnessed your conduct
during tha trial, and who heard the evidence produced,
who will not feel as the result of that evidence that you
must quit this world by an ignominious death, an object
of unmitigated abhorrence to every well-regulated mind.
I shrink not from making this statement, in order to
point out to you the position in which you now stand.
To society it must be a matter of perfect indifference
what your conduct may be during the few remain-
ing days of life that remain to you. No conceal.
silent of the truth in which you may continue to
persevere willful cast the slightest doubt upon the pro-
priety of the verdict. No confession you can make
can add a taper light to the broad glare of daylight guilt
disclosed against you. So far, therefore, as society is
concerned, the conduct you may pursue is matter of
indifference; but to yourself it may be all-important,
and I can only conjure you by every consideration of
interest that you employ the short space of life that yet
remains to you in endeavouring by penitence and prayer
to reconcile yourself to that offended God before whom
you are shortly to appear. In the mysterious dispensa-
tions of the Almighty, not only is much evil permitted,
but much guilt is allowed to go unpunished. It is per-
haps presumptuous therefore to attempt to trace the
finger of God in the development of any particular crime,
but one has felt at times a satisfaction in making such
investigations, and I cannot but remark that if you had
performed to that unhappy girl the promise you bad
made to her, the policy of the law, which seals the lips of
a wife in any proceeding against her husband, might
perhaps have allowed your guilt to go unpunished.
The Prisoner—l did not make that promise.
The JUDGE—You have been convicted on testimony so
clear, that observation and comment are unnecessary.
Having conjured you to employ the smell portion of life
which remains to you in that which can alone interest
you now, I have to remind you that human interests are
for you at an end. I will only add mylearnest hope that
the only social right that remains to you—that of entire
seclusion—may be granted, and that no morbid sensi-
bility to guilt, nor any idle curiosity of the vulgar, may
be suffered to pry into the secrets of the murderer's cell,
or to raise a factitious interest in that in which you are
alone concerned. It remains for me to pronounce upon
you the awful sentence of the law—that you be taken
from hence to the place from which you came, and thence
to the place of execution; that you he there hanged by
the neck until you are dead, and afterwards that yourbody be buried within the precincts of the gaol in which
you are confined, and may the Almighty have mercy on
your soul!
The prisoner at the close of the sentence was imme-
diately removed. He preserved his firmness to the last,
and as he passed out of the dock, closely guarded by
turnkeys, was observed by several gentlemen who stood
near him to smile.

FE LEGAL TITLE ASSURANCE
COMPANY.
(I•rovisionally Registered, January 17, 1849.)
Capital, 2,000,0001., in 80,000 Shares, of 251. each.
Preliminary Deposit, 2s. Gd. per Share,
rrespectuses and full information may be obtained at the Tempo-
Oftees of the Company, 13a, Cannon-row, Westminster, on ap-
iicatim to

G. F. HOWE, Hon. Sec., pro tem.

HER MAJESTY'S THEATRE
MDLLE. LIND.

It is respectfully announced that a Series of SIX CONCERTS
mill be given at Her Majesty's Theatre, comprising the following
operas :—The Flauto Magico of Mozart; Oberon, Der Freyschutz,
and Euryanthe, of Weber; La Ncctate and Fernand Cortez of
Spontini ; and Fidello of Beethoven; which will be sung by Mdlle.
Lind and the princ;pal Singers of the Establishment, accompanied by
a full Orchestra and Chorus. The dates and particulars will be duly
announced.

The Subscribers are respectfully informed that they will have the
option of Including any number of these Concerts In their Season's
Subscription.

The Pirst Concert will take place on Thursday, April 12.

ASTLEY'S ROYAL AMPHITHEATRE.
Proprietor, Mr. W. Batty.
rider the Patronage of her Micjesty the Queen, his Royal Highitass
Prince Albert, &c.
THIS EVENING,
GRAND EQUESTRIAN FETES, when the Theatre will close for
the production of a Grand Equestrian Spectacle, by Fitzball, entitled
THE WHITE MAIDEN OF CALIFORNIA; or, the Horse of
tne Ocean, on Easter Monday.
tsox-oflice open from Eleven till Flve.
',raze Manacer. Mr. W. West.

TO CORRESPONDENTS.
No communication can be attended to unless authenti
wed by the name and address of the writer.
Rejected communications cannot be returned.

TUE WEATHER.—SUN OFFICE, APRIL 5.
THERMOMETER, Lowest, 42; Highest, 51; Noon, 50.
BAROMETER, 29.49.
The Barometer has risen eleven points since the morning
WIND —fine breeze, with sunshine and cloud.:.

wA'fER AT LONDON fitctio4g.

Tuts DIY IS min. after 12 1 Everthr. 43 min. after 12
To-Mos:tow—Morning, 8 min. after 1 I Evening, 29 min. after 1

444)pp,
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