The Sun.
London, England, 1860-10-03 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, OCTOBER 3, 1860

think they could have been brought forward in evi-
dence, unless they could have been proved to be in
some way connected with the body of the child ?
The blanket was evidence, because the body was
found wrapped up in it; but no connection had
been proved between the body and the piece of
flannel which formed a portion of the contents of

the water-closet. From anything that appeared at
present it might have been placed where it was
found a month before this melancholy event
occurred.
The Chairman said the remarks of the learned
gentleman might lessen the weight of the evidence
but they formed no objection to its admissibility.
The piece of flannel was found lying on the sur-
face of the soil, and was seen shortly after the
body was taken out. It was impossible, there-
fore to exclude it from the evidence. At the

same time, in order that there might be no pre-
judice about the matter, he might state that he
could not tell what weight should be attached to
the simple fact that a piece of flannel, even though
it could be proved to belong to the prisoner, was
found in the waterclost underneath the body of the

child ; it went only a little way to connect her with

a crime which was committed la her bedroom.

Mr. Saunders said it might show at all events
that the crime was really perpetrated in her bed-

room.

Witness continued—l believe the flannel to be a
worsan's chest flannel. There were marks of recent

blood on it. The blood was in a congealed state
The principal part was in the centre, as if it had
dropped on it. I saw the construction of the privy.
Below the top seat there was a splash-board, on
which I think the body of the child must have
rested. If the body had been lying on the soil it
could not have been reached by a man's arm. I
got up the flannel by a hook attached to a stick
from underneath the splash-board. There was no
soil on the flannel. It appeared to have been only
recently there. The blood did not penetrate the
flannel, but it appeared to have dropped so gently
on it that it had congealed drop by drop. I have
the flannel here, but it has been washed, as it be-
came so offensive. I heard the nurse say she did
not miss the blanket till the body was brought in
more than once the same morning. I saw her on
the 27th of August, when she left to go home, I
believe. By my directions the wife of one of the
police, named Dollimore, went to the house with
the piece of flannel and made searches.
Cross-examined by Mr. Ribton—This is the first
time I have been examined before the magistrates.
When I saw the prisoner on the morning the mur-
der was discovered the prisoner appeared willing to
give every information in her power. lam aware
that one of the constables has stated that before the
body was found she told him that a blanket had been
taken away; I did not hear her say so. The blan-
ket was narrower and shorter than the sheet and
counterpane, so that it could be easily with-
drawn without disturbing the position of the clothes;
at least, it is possible. At the time I saw the pri-
soner the child and the blanket had been found ; I
think what she said was that the blanket was not
missed till the child was found, and not that the
missing blanket was found on the child. My me-
mory is not so good as some persons'. Mr. Kent
told me that he did not know the blanket was gone
till he returned from Trowbridge • he said so in
presence of Mr. Superintendent Wolfe. I put the
question to Mr. Kent twice. I asked him if he
was aware that any blanket was taken away with
the child before he left for Trowbridge, and he said,
"Certainly not." I did not hear Mr. Kent give his
evidence, but I have heard that he has stated that
he knew the blanket was missing before he came to
Trowbridge. That does not alter my evidence.
The distance of the splash-board from the place
where the flannel was found was about two or three
feet, more or less. The prisoner left Mr. Kent's
about two months after the murder ; her father
came for her. During those two months I never
found her backward in telling me anything. I
never found any inconsistencies in her statements ;
they were always substantially the same. When
she got home she wrote stating that she had arrived
safely, and that if she was required at any future
time she would come forward, if I would drop her
a line. She also stated that she would not leave
home without letting me know. The warrant was
issued on the information of Capt. Meredith, chief
constable of Wilts ; he was present when Miss Con-
stance Kent was apprehended. The warrant was
delivered to me and Superintendent Wolfe. I sent
the police to Mr, Kent's house. I did not desire
him to lock them up. I was very much surprised
when I heard of it. The men nearly got discharged
for allowing themselves to be locked up. I have
never been able to find out Mr. Kent's reason for
locking the men up. I must be excused from say-
ing whether I have any suspicions as to the reason
for locking the men up. They reported to me that
they had been locked up. Neither of them told me
he had been asleep. When I saw Mr. Kent on the
Saturday he seemed very agitated.
Re-examined--The prisoner never gave me any
information that was of service to me. She often
stated that if she knew anything about it that she
would willingly tell me. I had some conversation
with her on the 27th of August, in which she said
she was sure it was not Miss Constance. I said,
" If you are so sure about Miss Constance you must
know who it was. Was it yourself ?" She said,
" No." I said, " Was it Mr. Kent ?" I think she
said " No ; it must have been some one concealed
in the house." I said, " That story won't do, nurse,
I can't believe that for a moment."
Mr. Saunders here stated that the evidence he
had to offer would be concluded in another sitting.
It was now half-past 4 o'clock, and he hoped the
magistrates would adjourn for the present.
Mr. Ribton thought the magistrates might now
fairly ask his learned friend what additional evi-
dence be had to produce. According to his opening
statement the only particle of evidence, in addition
to what had been adduced on former occasions, was
the piece of flannel of which so much had been said.
The magistrates, he supposed, might take that as
having been proved, and he could not see why they
should proceed any further, except it were for the
sake of exculpating some member of the Kent family.
Mr. Saunders said that when he had concluded his
evidence the magistrates would form their opinion
upon it.
Mr. Ribton submitted that nevertheless the ma-
gistrates would be doing no more than their duty
if they asked his learned friend whether he had any
additional evidence affecting the prisoner. If he
had not they could not require a single word to in-
duce them to discharge the prisoner.
The Chairman—ln a frightful case of this kind
we must go patiently through the whole evidence.
Let the next witness be called.
William Nutt, recalled, stated the body of the
child when found must have been resting on the
splashboard of the privy, as it could not pass down.
Cross-examined—l don't wear a chest flannel. I
wore a hareskin once. I wear some flannel all round
me.

Thomas Benger was also recalled to prove the
same fact.
Henry Heritage, one of the Wilts constabulary—
I went with Mr. Foley to the privy on Saturday
morning and saw the piece of flannel found. I went
the same evening to Mr. Kent's house with Urch,
and we found ourselves locked up in the kitchen.
Cross-examined—That was the first time I was
ever locked up in that way. I knocked at the
door with a stick for 10 minutes or a quarter of an
hour before Mr. Kent came. I told him I did not
know we were going to have the door fastened on
us. He said he had been walking about.
And he locked you up to prevent you from
walking about, I suppose ?—I suppose he did.
Francis Wolfe—l am one of the superintendents
of the Wilts Constabulary, and am stationed at De-
vizes. I was at Road-hill-house on Monday, July 2,
and went over the greater portion of the house with
Mr. Kent, for the purpose of seeing if there was
any place where a person might secrete himself.
Mr. Kent took me to a room on the first floor, and
said, " Here is one here which is not frequently oc-
cupied." I looked in and saw it was furnished, and
said, "It was not likely a person would go there.
There was no hiding-place in that room." The
next room we went to was on the same floor, and
was called the lumber-room. I said " No one would
surely be here, because they might not know that
one of the servants would not be coming at any
time for some of the children's playthings that are
in it." We went on through the other rooms, and
the only place I could find where a person would be
likely to be secreted was in the roof at the top of the
house, over all the other rooms. The access to this
was rather difficult from the house, but there was
another mode of access by coming over the leads
through a window. I saw nothing to indicate that
any person had been there. This was not a room ; it
was a place where the watertank is which supplies
the lower part of the house. I went to Road-hill-
house on the Ist Aug. with Mr. Foley and Captain
Meredith. There was a conversation with the nurse.
Captain Meredith put the questions to her. She
said it was about half-past 10 or 25 minutes to 11
when she last saw Mrs. Kent on the night of the
murder. She was speaking at the same time about
the comet, and said how nicely Saville was sleeping.
In reply to a question about the blanket, she said,
" The first time I missed the blanket was after the
child was found, I went up and looked at the crib
before I went to dress Mrs. Kent's hair."
By Mr. Ribton—l did not caution the prisoner at
this time, or any of the other servants of whom we
made inquiry.
Examination in chief continued—The prisoner
has frequently said to me that the first time she
knew the blanket was missing was when she saw it
brought in on the little thing.
By the Chairman—There Ras conk iderable duet in

Vic inquest was again adjourned till Saturday
next.
To-morrow (Wednesday) the three prisoners will
be brought before the magistrates at the courthouse,
Wakefield.

him, and his lips quivered. llis appearance excited my:
curiosity. As he got near me he crossed the road and'
passed close by me. I stepped n one side and took my
hands out of my pockets, and then he stag- •
gered back. What I had seen induced. me to commu-
nicate with the police at Robert-street, about 10 days before
he was taken into custody. I afterwards went to the House
of Detention, and on being shown the cells in which the

prisoners were confined, one in each, I found the prisoner
in one of them. lam certain he's the man I saw on the
morning I have referred to.

Mr. Wood said he did not wish to ask any questions.
By Mr. Selfe—lt was on Stepney-green I saw Mullins.
It was at the end of Garden.-street. I was going to the
B4'st India Dock. The prisoner was coming up the Mile-
end.iioad. The prisoner would have to come round by the
Gas,houso to get to the spot where I met him. Mullins
would ,'Ave to go out of the direct road from Grove -road tov

get to wik're I met him. I have not been. examined before

he Coroner.

Caroline Brim' Son--I live at 33, Barnsley-street, Bethnal-
there the day before Mrs. Emsley
Breen. I went to 2ive
been murdered. The prisoner lodged
was supposed to have
Tied a back room on the ground'
in the same house. He 6.41te,..

floor.— There was no proper ZAstening to the front door, and
the lodgers came in and out ~‘s.they liked. I saw him the.

first time on the Wednesday
Sergeant Thomas, 8 F, re-called--I entered the room
spoken to by the last witness. I prod.'ce a key which I saw
in the house of the deceaseclon the 18th ,of August. When

I took the prisoner into custody, he had n 9 2,e3r of his lodg-
ing upon him. I had authority to break crpo.9 the door of
his room. I have tried the key I hold in my hand with
the prisoner's room door. It both locks and unlocks it. I
also produce a spoon which I found at the prisoner's lodg-
ings at Chelsea. It corresponds with one I found in the
parcel found at Mums'. It bears the same stamp, and also

is marked by the initial of the maker "`V. P."
By Mr. Selfe—l found the key I have spoken of in de •
ceased's bedroom.

Elizabeth Fuke—l reside at 17k, James's-street, Com-
mercial-road East. lam tenant of a house, No. 14, in that
street which belonged to Mrs. Emsley. The prisoner set a
copper in that house some days before Mrs. Emsley's death.
He told me deceased had sent him to do the work, but had
not allowed him materials to do it with. I asked what he
wanted, and he said, " about a peck of cement." I gave
him the money to get it. The prisoner said Mrs. Emsley
was a miserable old wretch, and would neither allow them
materials to do the work or half pay them for what they
had done. He said " I was at her house this morning, and
I give you some idea what a miserable old wretch she is.
She was sitting down to a breakfast that he would not sit
down to himself. She would not even allow herself a
farthing's worth of milk to put in her tea, so she drank it
without. It's a great pity such a miserable old wretch
should be allowed to live." Mullins told me I need not
take any notice of it to Mrs. Emsley.
Mr. Wood declined to put any question.`'.
By Mr. Selfe—lt was not until Mullins was in custody
that I told any person about the conversation I just
related.
Robert Went, K 160—On the 20th of August last I was
sent to search the coal cellar of the house of the deceased,
No. 9, Grove-road. I found an old handkerchief in a
tin. It had a quantity of money in it, viz., £32 in gold,
and £l6 2s. in silver.
Dr. Gill—l examined a boot that was produced on the
last examination. I found some human hairs projecting
from between the welt and the sole. (The witness pro-
duced it, it consisted of three hairs only.)
Walter Thomas Emms—l occupy a cottage at Emsley's
Brickfield, Globe-town, Bethnal-green, and am a shoe-
maker. I collected some rents for the deceased. I last
saw her about two o'clock on Monday, the 13th of August,
at the end of Barnsley. street, just as she was leaving it..
She made a communication to me that induced me to go to
her house on the Wednesday afternoon. It was her custom
to go to Stratford with me on that day. I went to fetch
her. I knocked at the door I think about three times. I
did not get an answer, and I went away. I went again in
the afternoon; then I went to Stratford, collected her
rents, and returned to her house about half-past nine in
the evening. I knocked at the door, but could not gain
admittance. I did not go again myself until the evening
of the next day. I could not then get any answer. On
the following day (Friday) I communicated with Mr. Rose,
Mrs. Emsley's solicitor. I was taken into custody on
Sunday, the 9th of September, and I saw a parcel then in
the possession of the officers. I had never seen that parcel
before. I did not know such a parcel was in the shed
adjoining my house. I was surprised when the officer
showed it to me. On Saturday, the day previous, I was
unwell ; I did not get up until half-past nine. I left the
house for the first time that morning at half past ten. I
am certain it was not before that time. The place
from which the parcel was taken is on tho left hand
side going out. I did not go near the ruined
cottage at the back of my house that morning. I did not go
into the ruin early that day, get a parcel, go back into my
own house, and then return with it to the shed. I declare
I did not, before God and man. I was not near the place)
and I had no parcel in my hand that day.
Mr. Wood—l have no question to ask.
Witness—Has Mullins any question to ask me ?
Mullins (laughing)—l'll have a gentleman to talk to you
in another place.
By Mr. Selfe—Mullins has visited me frequently. Ho
has more than once had tea with me, and be knows it. If
he wanted to borrow a shilling or two ho knew where to
come to, and he's had it.

Mullins looked at the witness and smiled, but made no
reply.
Susannah Emms—l am the daughter of the last witness.
I was at home on Saturday, the Bth of September last. My
father bad his breakfast in bed that day. He did not get
up until about half-past nine, and then commenced work-
ing in the same re ,m as myself. He went out about half-
past 10, but he did not remain longer than 10 minutes.
The window of the room in which we were working looked
into the brick-field. Any one going into the shed must
have passed the window, and I must have seen them, as I
was working with my face towards it the whole day. My
father did not pass the window that day. On the afternoon
of that day I saw Mullins in the brickfield ; he was near
the school wall. He was looking down on the ground, as
if in search of something.

Walter Thomas Emms, a little boy, the son of Emma,
about 10 years of age, said—l recollect father being taken
into custody on a Sunday. Before that I saw Mullins ii
the brickfield on Friday, about half-past two. He was
lying down, with a handkerchief up to his eyes. It wa
against the school wall. He stayed there about half an
hour. I was minding my pigs. I saw him again on Sa-
turday, after dinner. He came towards a heap of sand,
where they are putting in drain pipes. I saw him there
for about 10 minutes, and then I went in and told my
mother I had seen him. I was not at home when my
father got up that morning. I was out with the pigs.
Mr. Wontner—That, Sir, is the whole of the evidence
for the prosecution.

The prisoner was then asked, in the usual manner, wha t
he had to say to the charge, and he replied that be should
reserve his defence.

Ile was then fully committed for trial.

THE 111AlLS.

MAILS DUE.

Australia, Ceylon, and Mauriti(usvia(vmiaarseines) South-
ampton) .. .. Oct. 19.
Oct. 13.
D.c. • • • • • •
Brazil and Cape Verds ..
..
..
.. Oct. 5.
Buenos Ayres, Monte Video, &c.
..
.. Oct. 5.
Bahamas and Havana (via New York) .. .. Sept. —.
Canada &c. (via Galway) .. .. .. Oct. 5.
Cape of Good Hope, &c. .. .. Oct. 1.
China, Penang, and Singapore (via S'ampton) Oct. 1."
Do. (via Marseilles) Overdue.
Gibraltar (via Southampton) • • • • • • Oct. 2.
India (Calcutta), Ceylon, &c. (via Southampton) Oat. 2.
Do. (via Marseilles) Overdue.
India (Bombay), (via Southampton) .. .. Oct. 10.
Do. (via Marseilles) • . .. Oct. 4.
Lisbon .. .. • • . • .. .. Oct. J.
Cuba and Mexico..
.. .. .. Sept. 28.
Malta, Egypt, and Aden (via Southampton);, Oct. 2.
Do. .
(via Marseilles) .. Sept. —.
Vigo, and Oporto
• • • • .. Oct. 1.
United States, California, &c. • • .
. .. Oct. 3.
Western Coast of Atrica, Madeira,. TeneriEfe .. Overdue.
West Indies and Pacific, Carthagena, Cuba, &c. Oct. 15.

B I It T-H S.
BYASS.—On the Ist inst., at Reigate, the wife of R. Nicholl
Byars, Esq., of a son.
CLERKE.—On the 2d inst., at 15, Eaton-place S., the wife
of Wiu. Henry Clerke, Esq., of a son.
KENT.—On the Ist inst., at Bandon-lodge; Notting-hill,
the wife of G. B. Kent, Esq., of a daughter.