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

we shall ever be in such a state of excitement as ! miin features of the case so far, but there are details to
these witnesses were then in ; but who con say that which I shall shortly direct your attention—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? prisoner's guilt, I never would have you to rely on very
even where there is no excitement a great difference in minute circumstances, as they are apt to deceive, and
the minute details of evidence always arises. In the you cannot fully depend on them. ' These minor circum-
present 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 beshown that these
whose attention was not directed in that way, saw no- papers came from Rush. (EN Lordship read the notices
thing. About twenty minutes after the body of Mr. signed " Thomas Jermy.") That Thomas Jermy knew
Jermy was found in the porch, and was carried with nothing of these notices was quite clear. Who then
that of his son into the dining-room, both were ex- wrote them? In order to show that it was the prisoner,
mined, and from both a number of pieces of lead were Jesse White swore it was his handwriting, though in a
taken. Whether these pieces of lead were like round- disguised hand, and that there were two or three of the
shot or slugs is entirely unimportant to the question letters which he knew to be Rush's. Now, I must say, if
which we are now considering. What, then, do we I were a juror, I would not attribute a feather's weight
infer from all this? Whatever other matters are 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. Jenny was guilty of the murder of Mx. Jermy, sen., it would be almost impossible to speak with ,confidence,
also. I cautiously use the words " guilty of the mur- and such evidence was unsatisfactory. All you can say
der," because it is a possible hypothesie that the hand is, the papers were written by some one whose writing
that shot young Mr. Jamey 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 that the
both equally guilty of the murder of each. If it was covers on which the notices were written were like 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 lBefi 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 bad 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 was. (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; butl do not
point. He 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 hare 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 met 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. Gerritrd 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.
man. 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 muro 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
fur a while at one we don't know. If any of you, gen- you went out half an hoar more or less. (His 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 him afterwards; but if you have only a sufficient went to Potash, and somebody at the hall 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, sad the
describe. 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 mitted 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.
The question, therefore, comes—Have these four wit- Prisoner—But was it likely I should have made the
nesses a sufficient knowledge of the prisoner Rush? observations I did to Emily Sandford if such a thing had
That as to Mrs. Jermy is as follows:—Rush appears to been on my mind?
have then on odd terms with Mr. Jermy,sen , sometimes The JUDGE—The prisoner suggests, gentlemen, that
calling on him, and sometimes quarrelling. what he said when he went home was in his favour,
Prisoner—My Lord, I don't know this elrs. Jermy. and you are not to mind the inference I draw, but to
Baron Rooeo— That is a prover observation, and I form them for yourselves. The next question is what
don't complain that you set me right. Yetone can't un- could have prompted the prisoner to so dreadful an act
derstand but that Mrs. Jermy must have been in the habit —one happily so unusual and unprecedented as for a
of seeing the pi isener. That being so, he was in the po. man to go out in the dusk of evening to murder the owner
sition of a man not an entire stranger. The servants and the son of the owner of the adjoining estate, and to
were in the habit of seeing him go along the passage. attempt the life of a lady and her servant? It is true
It is meth) out that the man who was seen there on the great crimes are often perpetrated without any imagine-
night of the murder was disguised—how, we don't know. ble motive, but when motives did appear to exist they
But if a person is well known it is not quite so easy were so far a means of arriving at a satisfactory con-
for him to disguise himself as at first sight may be sup- elusion. On the part of the prosecution it is attempted to
posed. That being so, the four witnesses swear as I be shown that a most malignant feeling existed on the
have 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-
, dence there is; whether there are circumstances con- miler 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
for this I proceed to notice. Rush is living at Potash-farm malignant strain of expressions towards the deceased,
His Lordship then 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 said the prisoner went out and tions which 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 the amount of many
tf lie is a guilty man, it was daring the interval he corn- thousands, would come into the possession of the
mitted the murder; if innocent, he was otherwise occu- prisoner, and which if they were living he could not get.
picti." Having concluded the notes of her direct evi- If this be true it is not confirmed or weakened by any-
dance, his seurd.:hip 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 foundia the papers to which I shall now callyour attention.
moyel 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 Oat he could not take her to the concert. He said prisoner held leases of two farms at Felmingham, of
lid was 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 Felmingham 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, ment 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,
will find something else—she said it was an hour and a there was another agreement actually carrying out the
half 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
mitted 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
occasion 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
;wife, and as if nothing horrible had taken place. How- wanted 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 lis far A 3 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
these facts would not show what he did, but they he should do so. (His Lordship then read his notes of
would show that he was at something or other the subsequent evidence of Emily Sandford as to the
which pra ssed very heavily upon him. If the evi- copies of papers which she made at Rush's request while
deuce 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 less, that Rush was the murderer—that he during which he was 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-
first. 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 he 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
by which it could be cleared up. The prisoner, for in- the murder Mr. Jermy would have a right to take pos
stance, might have been out in search of a poacher, session of Potash. Here, then, the prisoner is connected
and, might have met and shot him. His agitation so far with deliberate fraud, and he waited till the last roo-
showed ohatesomething terrible had happened, but not went of time when it was desirable to carry his design
'thafte was a murderer. fiat coupling it with the fact io.nvioreaxlnition.
the eofevideloheatvoealeoeoikfed very carefully last night
that he was recognised at Stanfield hall, it might be difs
ficult to come to any other conclusion than that he was the credit there is anything to affect
place
EmilyaSatinidford on these points, for, as to
the guilty man. The prisoner therefore made a state- what took night of the murder, it is im-
isttaistealmitted by the prisoner.
hat, if in charity we
talent the object of which was to show that all the wit- possible to deny itebecaeu
twhears at least
eer-
ness stated was true, not strictly so, but slightly coloured, In her first depositions alre
but that his conduct arose, not from the fact that he had must not think to be a deliberatew
-been-murdering Mr. Jermy at the hall, but that he knew stated with an intention to deceivieerjuarai
something was going on and that he was therefore agi- tainly reason for distrusting, thoug.h not di b
the evidence of a person who has departed from
the
gi:
tated and alarmed.
it
Prisoner—After I heard the fire-arms. Yes. truth. (His Lordship then read his notes of the
The JUDCE.—The account, he gives is this—(His deuce of Emily Sandford at length, and
- Lordship read from his notes the statement in with her depositions as he went along.) Looking at
questiou, 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 nanieler of Mr. Jermy, but, morally. I could necessary to murder him to make the forged documents
pot 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. He must have tour of whom say that it was Rush, though disguised.
guessed something terrible had happened; but he went On that night he was from home at the time of the
quietly hack, and made no effort to assist the people liv- murder. He confessed that there was something going
ing 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
Bible 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 cones 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
friend, 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 he 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, it 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. One 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 Clerk of the Crown addressed them—Gentlemen
duced him to say. You, gentlemen,' may form your of the jury, how say you; have you found the prisoner
own opinion upon it, but I 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.)
jione between the prosecutor and the prisoner, and I see The prisoner immediately seized, with a convulsive
no other way in which I can put this- He knew a grasp, the sides of the dock with both hands, and ex-
dreadful outrage was going to be committed; next morn- claimed—" I know it is all up now, nry Lord."
ing he hears that two gentlehad been murdered, The Clerk then proceeded—Gentlemen, that is your
and a lady and her maid all bumtertnurdered and he never verdict —you say the prisoner is guilty, and so you
says one syllable about the, whole aftair except on this say all 9
day, and in the course of last January, when he Here the jury bowed assent, and most of them added,
wrote a letter to his solicitor with an intention
s ofssafastini ge in an audible voice, " All."
all he knew about it. Here, then,thteheerfaideetn:stand thus. The Clerk then addressed the prisoner—James Blom-
---(His Lordship recapitulated
You see, then, he returned home at the timeaci far.) field Bush, you have been accused of the murder of Isaac
n the
greatest possible agitation. He knew something hor Jermy on an indictment preferred against you and found
rible had happened, because, according to his own state-- by the grand jury, to which you pleased not guilty, end
meat, he had heard shots fired and the hall bell put yourself on a jury of your country, which jury have
ring. He is taken up: and he never gives the least found you guilty. What have you now to say why sen-
tencehint of his story, though it would have absolved him
soot; the
profound silence at once if true; fur if so, there a ould have been some
.117 r? „,
to law?
deattharceEshtpohrueolnedepenot be passed upon you according
Baron ese
trace of the people he creations—some of these persons
°swaged in the business would have come forvrard and awful sentence audwet onto thepas s black ap cokn ctiaipe, and amidst
prisoner the
sa?d, I was en .I+, takine possession, but I was not and measured emnity,
.anidlethar)skeeveirneaditgonnietyofofslh°iws
I --e?rosatrai3et—ejda,
power of
trhis language, produced the
an accessory to a mu: der. But no one of these people manner, and the
is found—no one comes forward. I have watched with profoundest impression
the greatest anxiety, and have looked over the papers to Rush, after a trial 'anus;
weialsf:thmeurerdiesre—y
Peroetrate on 'another
which I had access most carefully, to see what explain- found guilty of the charge my
eosu hßalvembfieeel nd
to, mood be given, and the moment he came to this part the highest any human being e
ear trim©
hlin g,
of his ease, I gave it my most undivided attention, and the deepest under any ciruemasntances of extenuation;
this is my deduction. But if this statement should be an but I regret to say that is your
untruth, how does the matter stand? Not only do all which could add a deeper dye to guilt the most hor-
these people say it was Bush, and not only is it proved rible. It appears from letters which you yo
in that to the father of the unfortunate victiii:oefifltt
he conducted himself in an extraordinary way on the night
ill question, but some time after he is arrested he concocts malice you owe a debt of deep gratitude
a completely false story of his whereabouts at the time of menced a career of crime by endeavouring cheat y r
u corn.
oa
the transactions which then took place. These are the landlord; you followed it up by making the unfortu-
-