The Sun.
London, England, 1846-03-30 00:00:00

ASSIZE INTELLIGENCE.

NORFOLK ClRCUlT.—Norwich, March 27.
CROWN COURT.—(Before Mr. Justice M&uLE.)
THE YARMOUTH MURDER.
_ _ _ _

Samuel Yarham, aged 29, was charged with the wilful
murder of Harriet Candler, at Yarmouth, by inflicting divers
blows on her head with a hammer, and cutting her throat
with a knife, on the 18th Nov., 1844.

Mr. Palmer and Mr. O'Malley were counsel for the prose-
cution ; Mr. Dasent defended the prisoner.
The case having been fixed for this morning at ten o'clock,
the avenues of the court were crowded at an early hour of the
morning, the greatest anxiety being evinced by all classes
to be present at a trial which had for so long a time occu-
pied the attention of the county, to the exclusion of almost
all other matters. The prisoner having pleaded to the in-
dictment with a clear and determined voice,
Mr. PALMER proceeded to open the case .n behalf of the
prosecution. The first witness was
Mr. Worship—l am a surgeon, at Yarmouth. On the
19th of November, 1844, I was called up to attend the de-
ceased. I went, and found the deceased behind the counter,
in a sitting position. This witness then went on to give a
minute description of the injuries which the deceased had
sustained from blows on the head, and to describe a cut in
her neck, from which he should consider about two pints of
blood had flowed. The finger on the right hand was cut
obliquely. He should suppose that she had been dead
about two hours. The wound in the throat was inflicted
before death ; the wounds on the head would not have
caused death instantly ; she might have survived the wound
in the throat, if the wounds had not been inflicted on the
head. These wounds were minutely described at the former
trial.
By the JUDGE—She died from the loss of blood produced
by the wounds.
Examination continued—After the infliction of the blows

on the head, she was in the state of a person in a At of apo-
plexy. She might have opened her eyes after the blows on
the head.
Cross examined—The wounds on the head would not have
caused instant death. I have seen instances in which in-
juries to the head had been greater, and the parties had
recovered.

Mr. W. S. Oatchpole, solicitor, Yarmouth, deposed—On
the night of the murder the prisoner occupied a part of my
louse ; the prisoner's wife was my housekeeper, and the
prisoner was a shoemaker, and had a room for that purpose.
On the Saturday I told Mrs. Yarham that I was going to
dine at the Angel on the Monday, and the prisoner took my
dress boots to the Angel. I went home about half-past one
o'clock. I rang the bell, and the prisoner opened the door
directly; the prisoner was dressed. I had a Scotch terrier
in my house, which was a very watchful animal. When I
went back the dog was. with the prisoner. There was a
light in the passage ; there was scarcely time for him to
have lit the candle before he opened the door; the pri-

sonar assisted me off with my boots, but did not
say anything ; the prisoner afterwards came and called
me up, as the police had just rung the bell.
I was in the Black Swan between five and half-past five,
when the prisoner went in, and I sent him to my room for
my snuff-box and some money. When he returned the pri-
soner said his wife was frightened, as there was somebody
up the chimney; the chimney was searched and nobody
found. The prisoner repeatedly said he was quite awake,
and never heard any noise. The next morning I went back
to the house. The prisoner and his wife were conversing
about it. The wife said she had been twice into the shop f)r
candles for him at night, and had not heard or seen any-
thing.
Cross-examined—The prisoner and his wife have lived in
my service from July. They were recommended to me by a
tradesman in Yarmouth, to whom the prisoner was foreman.
I placed confidence in him, and he never abused that confi-
dence ; he was an honest and very industrious man.
George F. Knights, private watchman to Mr. Harvey's
tan-yard. On the night of the murder I was on duty, and
heard a row about twelve o'clock. I went towards the spo,,
and saw two men going in the direction of Beverley's Mill.
From thence they crossed to a sand hill. One stooped at a
sand hill, and then they both stooped at another sand hill.
They were about forty yards from me. The moon was going
down. One man was taller than the other. The prisoner
was not one of those two men. I got upon the hinges of the
gate to see what they were doing, but could not. Their
arms were moving. Hooked towards the bleach pales, and
saw a man going towards the north, which would lead to-
wards the Market-gates. At that moment 1 heard a noise,
and could not see anything. I returned, but saw no more of
any of these parties. I could not say who the single man
was, but ho was about the height of the prisoner.
By the JUDGE—That man was very much like Yarham.
Examination continued—The next day the money was
found near the place where I had seen the two men in the
night. After the trial I saw the prisoner when he came
from the Castle, and they went to a barber's shop, and from
there to a public-house. I heard Yarham say, " that
though they were clear of the murder. they ;were not clear
of the robbery. It would linger and linger on till it was
found out."
Cross-examined—l was not asked at the last trial about
the single man. I was asked about the two men. I then
said I saw the shadow of a man.
By the JUDGE—I saw the shadow of a man first, and then
I saw the man himself. The man had a great coat on.
Re-examined—When Yarham came out of the Castle, it
struck me that he was the man I had seen.
George Taylor, publican, formerly a policeman deposed—
On the night of the murder I was on duty. About half-past
twelve o'clock I was near Mr. Tooley's buildings, near the
Market-row. I turned my lamp against the Farmer's Arms
to trim it, and as I passed the corner of the road to the
Market-gates I met the prisoner. I have not the least doubt
of it in my own mind, as I have known him before.
By the JUDGE—It was about a quarter to one when I met
him.
Examination continued—On my way home I went to the
Feathers Inn, where I saw Hall lying on the settle.
Cross- examined—l was discharged from the police for
neglect of duty.
J. B. Bales, sergeant at mace—l went to the house on the
morning of the murder about four o'clock, and assisted in
taking the body up. Underneath it was a half-ounce
paper of tobacco. I was at the Black Swan the morning
after, and went to search the chimney, but could not find
anything.
Sarah Dick, the wife of John Dick, of the Town Battery—
On the morning of Tuesday, 19th November, 1844, I went to
get some linen. At half-past two I carried some linen to
Mr. Shipley's, and on returning home, I said to my daughter,
who was with me, "Let us see, the boys have been hiding
something here." I put my hand down, and there was
nothing. I followed this marks a little further where the feet
stopped. I said there is something here, let us see, perhaps
the woman's money is here. I went down on my knees, and
begun to poke the sand away, and I found a bag buried, and
which jinked as though there were coppers in it. Mr. Tooley's
man came over from the mill. My husband pulled the bag
out of the hole and said it was the woman's money, because
the ticket was on. Royal said there ought to be more yet,
and he put his hand in and pulled out a small bag with some
gold and silver, and he wanted to count it. My husband said
it should not be counted. My husband said he would carry
all, but Royal would not let him. We all then went to the
inquest together, and gave them to Sergeant Williament.
There was a brullen bottle and mug near the place, as if for
a mark. I was at the battery in the afternoon after I
tcaempelfarcoemwhtellie.acl oart ; a man came up to me, and was at
h
found the money • he was poking at the
hole. He walked up to me and began to talk to me; he
had dark trousers and a blue coat buttoned up to his neck,
and a high hat, and I did not know him then, but have since
ascertained it was the prisoner. The man said it was cold
here, and you need have a good fire. I said I would keep
better if I could afford it. He said, "Your nameis Dick !"
said, Yes." He said, "You found the money." I said "I did."
He said, "All you have to do now is to find the murderer."
I said, " I wished to God I could : I would walk twenty miles
to do so, lame as I was." He then said (moving his foot)
am the murderer." I said, "If you are the murderer, you
would not tell me." I said, " What is your name ?" He said,
" You know me." I said " I did not." He said "Yes, you do."
I said "If he would tell me I would tell the gentleman ;" he
said, " You know me." He then walked away as far as the
hole, then turned round and looked at me again, then pro-
ceeded towards the town. I told the Mayor what had passed,
and the Mayor said it was only some person tampering with
justice. I said I should like to see Yarham. He said it
could not be him. I was afterwards examined before the
magistrates, and when the other persons were examined I
looked at the dock when before the magistrates, and thought
I knew him, but could not recollect who it was. There was

a young man named Seamen in the battery at the time the
man spoke to me, and he told me the man's name was Yar-
ham, and that was why I asked to see him. After the
trial, I and my husband went home by the train,
when we saw Yarham and his wife. He tried
to shake hands with my husband, but he refused.
I said, "Good God, if that be Yarham, that is the man that
spoke to me." After I get in the carriage, Yarham's wife
asked me if I thought the people in Yarmouth would think
she was the guilty party if they stopped or left Yarmouth ?
I said " God knows, you know your conscience best." When
the prisoner first came up to the railway station, he said to
my husband, " Don't you know me, I am Yarham, but call
me Mr. C.," and offered to shake hands. When we were
going along, Yarham said, " Mrs. Dick, say as little about
the money as possible, for my solicitor told me that the pri-
soners' solicitor wanted to fetch me in the murder, and you
as the person that helped me to hide it." I said, " Dick, do
you hear what Yarham says ?" and my husband came up,
and the prisoner told him the same thing. On getting to
Yarmouth, the prisoner said, " Mrs. Dick, if
I see anything
in the paper that would affect you or your husband's cha-
racter I will let you know." my husband said, "Don't
paper."
come to mine, I don't want you, I take a I saw him
again on the top of the market,
on a Tuesday, either a fort-
night or three weeks after, it was between nine and ten
o'clock. He came up to me, and said, "How do you do ?"
I said, " Who are you ? I don t know you." I did not just
that moment recollect his name. He said, "Do any of these
fellows interfere with you ?" I said they did not inter-
fere with me so much as they did with the girl. I
said, Do they interfere with you ?" lie said, "No ; they
know better, but the people plague me so much that I cannot
stay here. I have been to the workhouse to get money to
go away with." I said, " I think you ought to have
spoken the truth at first, and things would have gone
better. I think you are either the murderer yourself, or
know who did it." I thought I had no right to say so, and
I turned to leaye him. He said, " Stop, and I will tell you
all about it." I stopped, and he said he was not so much
to blame as they were, for they never let him rest after
they heard that Mrs. Candler had got the money. He said
he heard Mr. Catchpole was going about amongst the
" angels'." I said, " Where is the house ?" He said, " The
Angel Inn." He said they came to him and asked him to
let them in ; that he made a bargain with them not to hurt
the old woman, for they bad time enough to get the money
in the time she was getting the beer, as she was generally a
quarter of an hour gone. He let them in at the back door,
except Royal, who watched about the time she went for the
beer. He told them to go into the bedroom, for that was
where she kept her money. While they were there the
woman came in sooner than usual. He was up stairs, and
on hearing Mrs. Candler come in, he put out the candle,
and sat on the bed. Royal went in. She said, " What
do you here? I know you." Royal asked for half an ounce
of tobacco, and as she was going to get it, Royal and
Hall knocked her down with the pincers. They thought
she was dead. Mapes ran out to a woman on the other side
of the street, and said, " All's right." He said, "If there is
any noise at the Swan, I will go and see who is there." She
said there were several people there. They all went up
Meek Swan-row, end eaw several people there; one of them
was a young man who they thought mast know them.
Mapes then ran home to the Feathers' tap. As he was going
along the Market-gates, lie saw a person turn a light on him,
who afterwards appeared to be Layton, the policeman. He
then ran home, telling the others to bury the money, and to
give him a signal when it was done, as his house was sure
to be searched first. When he went home he saw the woman
lying in the shop. She turned her eyes on him, and he,
seeing a la; d knife lying by her, took it, and cut her throat.
I said, " You are the murderer." Prisoner said, " No, she
could not live, she had been beaten so much by Royal and
Hall." Royal did give the signal, and he opened the window
and saw Royal going down the street, and pliceman Waller
coming down the other. There was a man come up then and
hit him on the shoulder, and said, " Are you going ?" and
they both went away together.
Cross-examined—l went about my business, and made my
purchases, and went home. I did not mention it to a police-
man till it was mentioned to the magistrates. It was some
time after. I cannot tell how long it was after. It might
be three months before I mentioned it. I was at Yarmouth
all that time. Yarham was not, to the best of my larowledge.
I did not see him. I saw Tatham at the old Gaol Hall. I
asked the mayor to see Yarham that I might see him, be-
cause I wanted to see if it was him. _ _ _

Witness (in great agitation)-34 Lord, am I obliged to
answer these questions?
JUDGE—Ye', indeed you are.
Witness, I thought it was not right to give the man in
charge after what the mayor bad said. I saw him'when he
was before the magistrates. When I saw bim there I thought
I knew him, but could not recollect for the moment who it
was. _ _

Re-examined by Mr. PALMER—I did not expect to meet
Yarham. My husband told me not to say anything about
it, for he said they should get into trouble, as no one could
put an ounce of weight upon 'his (Yarham's) evidence. I
first told a married daughter of mine about it, and she told
me to tell the gentlemen; and it was she that told the gen-
tlemen about it, and they came down to her about it.
Sarah Dick, examined by Mr. O'MALLZY—I am daughter
of last witness. I lived in 1844 at the battery. On Tues-
day, the 19th of November, I remember a man coming and
speaking to my mother. There was a boy in the battery
who told me that the man's name was Yarham. The pri-
soner at the bar is the man. I remember going to Norwich
after the trial. Yarham and his wife were there. I know
him to be the same man that spoke to my mother. My
mother told me the conversation she had with Yarham, and
I told Mr. Wm. Yates, the magistrate, about it. There was
some disagreeableness between my father and my mother,
and I asked her the reason. She then told me all about it.
I told the magistrates, because I thought it not a proper thing
to. be kept a secret.
Re-examined—l had heard my mother mention, speaking
to Mr. H. Palmer, who was then mayor, and I did not think
it was necessary to mention it again.
_ _ _

William Seainen' examined by Mr. human, deposed—l
remember the 19th of November, 1844. I looked out at the
gate and saw a man whom I knew to be Yarham. I had
known him before. He lived at Mr. Catchpole's. I had
seen him them when I swept the chimneys.
John Dick, examined by Mr. O'MALLEY, deposed—l am
a gunner of the artillery, and I remember flading the money.
I was at the trial, and in the witnesses' room, but I did not
see Yarham then. I saw him down at the railway station;
my wife said something to me. I told her to have nothing
to do with him, we had had trouble enough. Some time
after my wife was going to tell me some conversation with
Yarham about it, but I refused to listen to her.

Cross-examined—l read the account of the trial in the
newspapers to my wife in my own house, and read over her
own evidence. at her request, read out the trial.
Re-examined—My wife was busy about the house. It did
not take me long to read it.
James Kemp governor of the workhouse at Yarmouth—

On the 18th of March Yarham applied to the board for some
money to go away. The board took time to consider about
it, and he was to call upon me on Tuesday the 22d. It was
to enable him to leave Yarmouth. I gave him 31.

William Shuckford, keeper of the borough gaol—Yarham
was in my custody in December, 1844. The paper pro-
duced 1 received from Samuel Yarham ; it is in his hand-
writing. It was given to me to give to the Mayor. I also
received two other papers, which I received from the pri-
soner, or one of the assistants, while they were in my cus-
tody. I delivered them to the borough magistrates. On
Sunday, Dec. 8, 1844, I went into the prisoner's room, and
he felt very uncomfortable, and said, it was very hard that
he should be shut up there for what he did not know any-
thing about. I said if he was innocent ho had no reason to
fear. It was a serious matter, and I had no doubt the truth
would come out, and that the reward that was offered would
help to get at the truth. Prisoner said if he knew anything
about it he would freely tell. The schoolmaster then entered
the room, and the prisoner asked him to pray with him,
which he did. I never held out any inducement to him to.
confess.
Joseph Jackson, schoolmaster to Yarmouth gaol, held out
no inducement whatever to make him confess.
Cross-examined—The magistrates several times saw the
prisoner, but I was not present, and cannot say what passed.
Henry Worship, surgeon to the gaol—l remember seeing
the prisoner on the Bth of December. I held out no induce-
ment or threat whatever to draw out a confession.
Mr. Holt, clerk to the magistrates, was present when the
prisoner was committed the last time. There was no induce-
ment made to him whatever. These are signed by him.
in
terviews
with magistrates had many
with the prisoner on the Bth of December, and before too,
and they put questions to him. None of them said in my
presence that it would be better for him to tell the truth,
and then he would be admitted as evidence. He was com-
mitted as principal at first, and was not examined after he
was committed. He was committed on a charge of murder.
I do not know that the magistrates sent men to try to get
out of him what they could. Some of the magistrates
came and examined the prisoner nearly every day. I can-
not say whether much impression was made upon the pri-
soner by the questions that were asked. He always seemed
collected. Sometimes the magistrates visited the prisoner
three times a day, and sometimes as many as six magistrates
examined him at once. I was present on most occasions,
and Mr. Palmer, the solicitor, was there too. He was very
busy about the case, but did not ask any questions of the
prisoner. I suggested to the magistrates sometimes. They
used to take their friends sometimes, but I didn't think the
prisoner was made a " show" of. Their object was to elicit
the truth. He was questioned and crJss-examined by
them. I have known prisoners questioned by justices in
public court. These interviews were all in the gaol, and
were privately conducted.
Re-examined—The visits were made in the justices' room
at the gaol, to avoid the necessity of taking the prisoner
through the streets each time.
Mr. PALMER then offered to put in evidence certain writ-

ten statements made by the prisoner on and after the Bth of
December.

Mr. DASENT ebjected to their admissibility after the ac-
count which had been given of the treatment experienced
by the prisoner before those statements were procured from
him; and
His LORDSHIP said that he should only receive them sub-

ject to the opinion of the judges. The prisoner certainly
appeared to have been dealt with in a most extraordinary
manner by the magistrates, though it is difficult exactly to
say that they acted improperly. He was subjected, at all
events, to their visits for several weeks, and often three times
in one day, there being sometimes six magistrates present,
besides other parties. If the statements were pressed, he
should receive them, but it would be at the peril of the pro-
secution to use them.
Mr. PALMER then declined to put them in evidence, and
then closed his case.
Mr. DASSWT then addressed the jury, confessing that be
rose to do so with great fear and trembling lest the interests
of the unfortunate man at the bar might have suffered from
the peculiar circumstances under which he had been called
upon to defend him, coupled with his inability as an advo-
cate. He had only been instructed at nine o'clock on that
very day, and but for the feeling that, having been present
at the former trial, he had a general idea of the case, and
that it was his bounden duty not to refuse his professional

services—weak though they might be—when they were
required in aid of a man accused of so heinous an offence as
that of murder, he should certainly have declined to under-
take so arduous a task. The case of the prisoner was one
which had attracted public attention to an extraordinary
extent. The peculiar circumstances which formed the
groundwork of this charge had found their way not only into
the country papers, but into the metropolitan preos ; but he
hoped that the jury, in coming to a verdict on the case now
presented to them, would discard all rumours and prejudices
which they could not but have imbibed when abroad, and
would bring to the consideration of the important questions
about to be submitted to them the firm determihation to
administer justice with impartiality, steering a middle
course between the desire to shield a murderer from false
Symeathy on the one hand, and that blind rashness which
hurries to a conclusion of his guilt, simply because the
offence with which he was charged was that of murder.
The case now ripe for their verdict was one which was
perhaps unparalleled in the history of crime. Never before
had a charge been brought forward under circumstances so
extraordinary, so exposed to suspicion; and it therefore was
the duty of the jury to watch and scrutinise the evidence
with which it was supported with the utmost jealousy, for
if it should appear to them to be a charge capable of proofi to
a certain extent at least on the former trial, and yet kept
back most sedulously from public view on that occasion, in
order that the evidence of that day might tally with the TieW

then advanced by the prosecution, it did strike him most
forcibly that they ought at once to acquit the prisoner. It
was idle to conceal from himself or the jury the notorious
fact that Yarham had been examined on the first trial, and
had then made certain statements implicating the three men,
Royal, ➢iapE.s, and Hall, in Cala murder, under very peculiar
circumstances. Mrs. Dick was then a fallow-witness with
Yarham, was engaged with him, and acted in support of him
in the attempt to take away the lives of those three men,
and yet she was then, if she is now speaking truth, in posies.
sion of the astounding and conclusive confession of that very
fellow• witness, made to her and her daughter too on the day
after the murder, that he was the murderer, while he then
denied it on his oath. That fact she kept back from the jury
ou that occasion. So did her' daughter. Seamen was not
called, and yet the mayor, according to her statement, knew
that she had that information ! Was such a case to be readily
trusted? If such important evidence was kept back then, and
the proof was then dressed and trimmed to suit the peculiar
theory of the prosecution, and that, tco, with the sanction of
the magistrates, who had so conducted themselves towards the
prisoner at the bar, when they wanted to extort a " state
ment " from his lips, what might there not even now be in
the back ground ? This case to-day might be as vicious as
that, and it was the imperative duty of the jury to interfere
and put a check upon such conduct by at once declining to
act upon the testimony of Mrs. Dick and her daughter. He
left his client's cause in their hands, satisfied that they could
come to no conclusion but that which would lie favourable
to him.

Mr. Justice MAULS then proceeded to sum up the case.
The jury retired for a quarter of an hour, and at the end
of that short interval returned into court with a verdict of
Guilty.
The Learned JUDGE then, proclamation being made, which
scarcely stifled a low buzz of approbation consequent on the
verdict, passed the awful sentence of death upon the wretched
man, whom he conjured to apply himself to the task of pre-
paration for the future world in the most solemn and im-
pressive tones, aolding out no prospect or hope of mercy
from human laws.

The prisoner received the admonition of the Learned
Judge and the thrilling sentence of the law with a subdued
but indifferent demeanour, and at the conclusion of the scene
in which he had borne co prominent a part, was immediately
removed by the gaoler from public gaze.
Mr. Baron Parke has been trying prisoners during the
greater part of the day, and so has Mr. Sergeant Byles, the
civil business having terminated rather abruptly.
SATURDAY, TWELVE O'CLOCK, P.M.

Both the Courts sat all day, the one to five o'clock, and
the other, the Crown Court, to nine o'clock, by which time,
with the aid of the Learned Sergeant, the whole calendar was
disposed of. Many of the cases tried during the day were of
a serious character, but the length to which our report of
yesterday's proceedings have carried us, must plead as our
excuse for their unwilling omission.
On inquiry this morning, it was stated that the convict
Yarham was low and dejected, and that he had had frequent
and casual interviews with the worthy chaplain of the gaol,
but no indication had as yet been given of any desire to give
his sanction to the verdict of yesterday, which he had met
with the solemn expression. lam innocent. so help me
God."

NORTHERN ClRCUlT.7Livcrpool, Maich 27.

CROWN COURT.

The Court opened at nine o'clock.
MALICIOUSLY WOUNDDIG.—John Kirkham, Samuel Road-
hurst, William Savage, Charles Dakin, and James Clarke, were
indicted for having feloniously assaulted and wounded with a
sharp instrument James Jones, with intent to maim, disable,
or do him some grievous bodily harm.
The jury returned a verdict—Kirkham and Broadhurst
Guilty of assault ; and Savage, Clarke, and DakiniNot Guilty.
The former were sentenced to eighteen months' imprison-
ment and hard labour.

Mr. WILKINS intimated to his Lordship that ho had been
given to understand that it was the intention of the counsel
for the prosecution to prefer another indictment for inter-
ference with the officers of justice in the discharge of their
duty.
His LonDsutp granted him time for consideration.
FORGERY.— Wm. Henry Chapman, 22, was indicted for
having uttered a bill of exchange, with intent to defraud
Samuel Aston,

Mr. Drinkwater prosecuted, and Mr. Tindal Atkinson de
fended.

Samuel Aston is a capsule-manufacturer, at Bordesley-
green, near Birmingham, and received by post a letter, dated
Lord• street Chambers, Liverpool, 23d May, 184'4, signed
William 8011, ordering ten gross of copaiba capsules. Sent
the goods; and afterwards received another letter, dated
28th of the same month, inclosing a bill for 291. IBs. 9d.,
purporting to be signed by W. H. Norcliff and Co., Liver-
pool, and addressed to Mr. E. Williams. This bill was a
forgery.
The jury found the prisoner Guilty, but recommended him
to mercy on account of his youth, and the belief that he had
been an instrument in the hands of other parties.
His LORDSHIP NI as of the same opinion.
Sentence—Two years' imprisonment and hard labour in the
House of Correction.