The Sun.
London, England, 1858-08-20 00:00:00

THE LATE MYSTERIOUS DEATH AT

ACTON.

The adjourned inquest on the body of John Gates, who
was found on the night of last Monday week dead on the
Acton-road with a sword stab through the heart, was re-
sumed yesterday at the King's Head, Acton, before Mr.
Wakley and a jury of the inhabitants.
Mr. Sergeant Ballantiue appeared for Lieut. H. A.
Clavering ; Mr. Giffard.for Capt. Miller; and Mr. Marshall,
solicitor, for the family of the deceased.
The inquest-room was densely crowded during the in-
vestigation._

The jury having been sworn,
The Coroner inquired of Mr. Sergeant Ballantine whether
he or Mr. Giffard had any witnesses to call ?
Mr. Sergeant Ballantine—You intimated oa the last
occasion that these gentlemen ought properly to have some
legal advice, and we are here to-day rather out of respect
to your sugrstion—at the sametime it is impossible not to
feel the importance of the inquiry.
The Coroner---I think it is quite right that they should
have legal advice, and I am very glad that you are here.
Am I to understand that you do not give in the names of any
witnesses ? _ _

Mr. Sergeant Ballantine—Not at present. Lieut. Claver-
ing and Capt. Miller are here, and will answer any ques-
tions you may desire to put to them.
The Coroner—Capt. Miller was under examination at the
last inquiry, and at the conclusion of his evidence the fore-
man of the jury expressed a desire to cross-examine him,
and I interposed, as I did not think it odvisable under the
circumstances to allow a cross-examination. He is now
fortified by legal assistance, and perhaps the better course
might be to recall Capt. Miller.
Mr. Sergeant Ballantine—Has not Lieut. Clavering been
examined ?
The Coroner—He said a few words at the last examina-
tion, but they were not taken down. I should now like to
hear from the jury whether they wish to have Capt. Miller
recalled.

The Foreman—We have certain questions which we wish
:o put to Capt. Miller, and we should be glad to have the

opportunity of re-examining him.
Mr. Sergeant Ballantine—Capt. Miller was examined on
the last occasion as a witness, and in that character alone I

have no objection to his being examined again.
The Coroner—l am quite sure that the only object which
the jury have in view in seeking to cross-examine Capt.
Miller is to ascertain the simple and naked truth.
Mr. Sergeant Ballantine—l am sure of that, and I can
only say that my client is most anxious that the whole truth
should come out, and with that view is desirous of giving
every information and assistance in his power.
Capt. Miller, R.N., was then called and re-examined.

The Foreman—What did you mean by saying on the last
occasion that the deceased made " a great commotion ?"
Witness—The commotion was this : the man was swearing
and making a great noise. He seemed to be quarrelling with
himself. It is extremely difficult to define what is a com-
motion.

The Foreman—lf you were so near the body when the man
fell, did you observe any particular motion of the arm by
Lieut. Clavering? I ask you, as a naval officer, accustomed
to the use of arms, whether, if the sword had been run into
the body of the deceased, there would not have been a jerk
to withdraw it? Did you, in fact, see Lieut. Clavering
make any jerk with his arm, as if withdrawing the sword ?
Witness—l observed nothing of the sort. I saw no thrust,
nor did I see him withdraw the sword as if he had made a

thrust.
The Foreman—Yoa said that when you got to a lighter
part of the road you examined the sword to see whether
there was any blood on it. How far was that light place
from the place where the deceased fell?
Witaess—l cannot say how far it was. It was the first
light place we came to.
The Foreman—Was it beyond the railway bridge ?
Witnesi—lt was beyond the bridge some little distance.
The Foreman—Was it before you came to the lamps at
Ac, en Vale?

Witness—Oh, yes ; long before it.
The Coroner—How many yards were you from the body
when you met the cart ?
Witness—lt was some little distance, and the persons in
the curt could not have seen the bodf I should think we
were twice the distance between the lane and the bridge
from the body when we met the cart. I should think it was
about 200 yards.

The Foreman—When you consulted as to whether you
hou Id go back and ascertain whether the man was hurt,
had you seen whether the cart had stopped at the body and
taken it up?
Witness—No, we had not. We were too far off to see

whether the body was taken up. Had we not met the cart
for a mile, I would have stopped It and said the same

thing.
A Juror—Now, I wish to ask you whether you and Lieui
Clavering were sober at the time? _ _

Witness—l was as sober as—what shall I say ? —as sober
as a bishop. (Laughter.)
The Coroner—You mean you were perfectly sober. Was
Lieut. Clavering the same ?
Witness—He was.

A. Juror—Did the deceased fall upon his face or back

Witness—My impression is that he fell upon his side.

Lieut. Clavering was then called in and examined—My
name is Henry Augustus Clavering. lam a lieutenant in

her Majesty's navy, and have served in China and elsewhere,

Capt. Miller was staying with his wife at my house at the
time of the occurrence. I am married and have two
children. There was another officer, Capt. Skipwith, staying
at my house that evening. At 10 o'clock it was suggested
we thould take a walk, and Capt. Skipwith declined. I said
I had taken a good deal of exercise in the course of the

day, but was " game" to walk to Harrow or Acton. I
knew the road perfectly, but we missed the turn to the rail-
way in the dark. We net two men, and one of them said
we had gone too far, and the other subsequently said,
" Young gentlemen, we thought you were making
game of us in asking the way." We then went on,
ar,d came to the station-house, and sang out, but
got no answer. We subsequently found ourselves in
Priory-lane, when, just as we got to the top,:we beard a
noise. We hard a man swearing and cursing, as if he had
lost something. He was on the other side of the road, and
a goad deal in advance of us. I mean he was nearer to the
railway bridge than to Priory-lane. Capt. Miller said
to me, " Stop a moment, and let that fellow go on, he seems
to b 3 a bad character." Capt. Miller meant he should go
on, and that was in the direction of London. We stopped
accordingly, and then he made a rush back on us from the
far side of the road. Capt. Miller was then on my right-hand
side. I cannot say which of us he rushed at. The man said,
" What the b- h- are you doing here now 7" I said,
"We are two gentlemen taking a carstitutional walk after
dinner, and allow us to pass." He then muttered some im-
preca'ions, and I said, " Take care, I am armed with a
sword-stick." He then grasped at my sword-stick, and said,
"You -, I will do for you both." He wrenched the
sheath oft' my sword-stick, made a spring back, and then
rushed on me and struck me on the forehead. The blow
made a mark on my forehead which was very apparent at
the time. He again struck me on the right shoulder, but
the blow was rather broken by the rim of my hat. He then
sprang back to make another blow, and I held the sword-
stick with the point upwards as a guard, and he hit
the sword a violent blow which I thought had broken
it. He then made another spring at me, and I said,
"I am a strong and determined man. If you strike
me again I may do you some injury." He did not strike
me again, but be rushed forward and fell. I considered
he had fallen over the rough stones on the road. On my
oath I was not conscious at the time that I had inflicted
any personal injury upon him. When he fell he let the
sheath of my sword-stick fall out of his hand. I did not
see him rise again. I made a grasp at the sheath of my
sword and walked on. I said to Capt. Miller, " I hope
I have not pricked that fellow in the arm." The effect
of the blow on the sword was to turn the point down. I
was not conscious of the fact that it reached his body, or
that his body reached it. When I got to a lamp-post I
looked at the sheath, and found that some of the woody
fibre was cut awn). I was certain the notch or cut
in the sheath was not there when I took the stick out,
as it was quite fresh from the maker. When the
deceased first caught the stick I thought he would have
wrenched it out of my hand. I bought the stick in March
last, when I thought I should have to go to Siam. I had
charge of the Siamese Embassy when they were here. It
was I who sang out to the man in the cart to look oat, as
there was a drunken fellow in the road. I never saw any
announcement of the circumstances until I saw it in the
Observcr on Sunday,
as I came home from church. I then
went to Sir Richard Mayne, at four o'clock the same day
and disclosed everything I have said here to-day. I had a
ball at my house on Tuesday, went to the theatre on
Wednesday, to a pie-nic at Richmond on Thursday,
and had a dinner-party at home on the Friday following the
occurrence. I will swear I never made any blow at him. I
have been in command of two ships of war. I took Lord
Lyons out to Sebastopol, the day It was taken, and I brought
home Sir William Codrington. I also commanded the
Pluto, on the coast of Africa, and the Caradoc, in the Medi-
terranean.

By Mr. Marshall—l had a
glass of whisky and water at
the Pack Horse, Turnhani-green, and Capt. Miller had a
glass of beer. That was all I bad had but two glasses of sherry
at dinner. We only went into the public-house in order to
ask our way. This was about half-past 10 or 11 o'clock.
By a Juror—Did you consider the deceased was intoxi-
cated when he attacked you?
Witness—l did. The man was not so drunk that he could
not stand or fall, as his rush was the most vigorous thing I
ever saw. I attributed his fall to his being tripped up by
the rough stones. The afliay did not last more than a
minute and a half at the outaide.
By a Juror—l got a slight wound on the head when I via

struck with the sheath, and I showed it to my servant the

next morning.
By Mr. Ballantine-'The hat I wore was a short, stiff felt
hat, which had got quite limp by sitting on it on board ship,
and getting it wet through. I had had it two year., and
it was so shabby I could only wear it at night.
The Coroner then inquired whether the family of the de-
ceased person wished to examine any witnesses ?
Mr. Marshall, solicitor, said that Mr. Edward Gates, the
son of the deceased, wished to be examined.
Mr. Edward Gates, the son of the deceased, said he was
the manager of a glass warehouse, and that he last saw his
father alive on Sunday the Bth of the present month. He
was a painter, glazier, plumber, and wholesale varnish
maker. He was an honest, sober, and upright man, and by
no means violent in his conduct. The landlord of the house
in which he lived could testify to his general sobriety and
good conduct.
Mr. John Wood, of No. 12, Great James-street, Lisson-
grove, grocer, deposed—Knew the deceased person for
five years, during which time he lodged in his (witness's)
house. I generally saw him every night when he came
home. He was, generally speaking, a sober man, but I
have seen hint at times the worse for drink, but not very
often. He was very quiet when intoxicated at home, but I
never saw him intoxicated abroad. I never knew him to
assault any person whether drunk or sober.
By a Juror—l never heard him make use of aoy Scrip-
tural expressions when intoxicated.
Mr. James Wingfield, landlord of the. Horre and Groom,
Esst Acton, examined—l knew something of the deceased
as a customer at my house. I last saw him alive last Men-
day week, at six o'clock, in front of my house, sitting in a
chair. He had then the appearance of not being sober. lie
had a pot of beer and two glasses of ale. I went to London
while he was there, and never saw him alive afterwards. He
was noisy to himself, and was in the habit of being disagreeable
and interfering in the affairs of other people. I should say
he was of a quarrelsome disposition when in company, and I
have heard the people in the tap-room tell him to go away,
as they did not like his conversation.
By a Juror—He did not offer to fight with any one that
evening, nor did I ever see him attempt such a thing. I
never saw any weapon in his possession.
John Beach, carrier of Uxbridge, deposed to finding the
body of the deceased man on the night of the Bth inst. a
few yards at the Acton side of the railway bridge. Before
he arrived at the spat where the body was lying be met two
men walking away from it, who said, " Mind you don't run
over the man that lies there." Witness said, f Why do you
not move the man out of the road ? " but they walked on,
and I never saw them afterwards. The men were walking
slowly, and did not put themselves any way out of the way.
The young man who was riding with witness then got down
and removed the man on to the footpath. In doing so he
blooded his coat and hands.
By a Juror—The body appeared to me to be lying on its
back.

By the Foreman—The two men whe spoke to me were
quite close to the body at the time—about as far as across
this room (some 15 feet).. The men did not offer to assist us
in any way.
By a Juror—The men never told me to take up the body
and put it in the cart.
Mrs. Elizabeth Page, landlady of the Six Bells public-
house at Acton, stated that she saw the deceased about 20
minutes to 11 p.m., on the night of the occurrence, in com-
pany with a person named Knight, living in Brentford-
lane. The deceased was not sober at that time, but he was
not quarrelsome. He talked to himself a good deal about

religion.
Mr. John Tickner, landlord of the Red Lion at Acton,
deposed—Saw the deceased opposite his house at a
quarter-past 11 o'clock, when the police were moving him
on. He was then drunk, but was well able to walk. He
went off " brandishing" his bundle. He had nothing to
drink at witness's house.
James Tillot, No. 119 T, stated that he saw the deceased
sitting on the ground, nearly opposite the house of the last
witness, on the night of last Monday week. He was the
worse for drink, and when witness told him to " move on"
he replied," I suppose you want to lock me up." He did not
stagger, but got up and walked away. Witness was sub-
sequently called (about 12 o'clock) to move the deceased
away ou the stretcher when he was lying on the road.
Samuel Charles Geary (a lad about 15 years of age), of
Bay Tree House, Acton Vale, said that he saw the deceased
between six and seven o'clock on the evening of his death.
A boy called out to him, "You want a bottle of soda-water,
I think." He then ran after witness, and said, "Come
here, you --, and I will fight you." He was then intoxi-
cated. The boy who called out about the soda-water bad
that commodity for sale.
Mr. John Reeves, nurseryman, of Notting-hill, said that
he knew the deceased, who had been working for him about
a month before his death. On the Saturday before the fatal
occurrence witness had to remonstrate with the deceased for
not having done more of the work be had contracted to
do, and be charged him with having been absent half the
week drinking. Witness only gave him 305., instead of
£3, at which he was rather abusive. He subsequently ad-
mitted that he bad been drinking, but said that be would
come on the Monday morning at six o'clock, and make up
fur it. He came accordingly and mixed some colours, but
then went into a public-house. That was about eight
o'clock in the morning. Witness reckoned him a very un-
steady man, and he was obliged to look after him very
sharp, though he never saw him intoxicated.'
By the Foreman—There is nothing unusual in a work-
man, when away from home, to breakfast in a public-house
at eight o'c:cck.

Mr. Charles Preston, landlord of the King's Arms, Acton
Vale, said he had known the deceased 30 years, and that he
lodged with him previous to his dean. Saw him last
alive on last Monday week about half-past 5 o'clock. He
was then "very comfortable," and witness advised him to
go to his work. He was not drunk at the time. He was
generally a sober man, and witness never saw him quarrel
with any one, although he used to hop and skip, which,
however, was nothing when a man was " half tight."
(Laughter.) Some men when in that condition would
clench their flits and offer to fight a flint stone, but there
was nothing in that. (Laughter.) He might have alarmed
a person with weak nerves, but witness did not believe he
would have harmed a worm.
Constable Langharn, 54 T, said he saw the deceased in
High-street, at half-past 11 o'clock on the Monday night of
his death. He was talking to himself rather loudly, and
witness requeeted him to be quiet. Ile said, " I am beastly
intoxicated, and you can take me into custody if you like."
Witness told him there was no necessity to take him into
custody as long as be went his way peaceably. He then
said "Good night; God Almighty bless you ! I wish I
may soon be in Heaven." Nothing more passed. Did not
hear him quarrel with or abuse anybody.
John Neighbour, barman at the Pack Horse tavern, Turn-
ham-green, said—l remember two gentlemen coming to the
bar of the house, when one of theta kad a glass of whisky
and water, and the other a glass of ale. The gentleman
who had the glass of whisky and water afterwards
bad a glass of whisky neat. (The witness was then
taken into another room, when he identified Lieut.
Clavering and Capt. Miller among several other persons.)
Was certain that the light-complexioned gentleman with
the bushy whiskers (Lieut. Clavering) was the one who had
the whisky and water, and subsequently the whisky neat.
They remained about 10 or 15 minutes--(I cannot be par-
ticular to minutes)—aad asked me the way to Acton. I
told them as neat': as possible a mile. There was ne quar-
relling er disputing at the bar. The gentlemen were, in my
opinion, perfectly sober. They said they had startel for a
walk, and had mistaken their way at Shepherd's-bush, and
instead of going down to Acton, had got to Turnham-green.
By a Juror—Were there any suspicious characters about
your house that night ?
Witness—None whatever. There was an old gentleman
named Barrett in front of the bar, and they treated him to
4d. worth of gin and water. They gave me ls. to take out
the score, and refused to take the change.
Constable Bownick, 236 T, deposed that Henry George,
groom to Mr. Scott, of Ealing, informed him, as he was
standing at Mr. Barrow's gate at 10 minutes to 12 o'clock,
that a man was lying drunk in the road, and that he bad
spoiled his coat pulling him away. Witness went to the
place indicated, and found the man, not drunk, but quite
dead, lying across the path. He was bleeding from the nose
and mouth. Heard footsteps coming in and saw two grooms,
whom he asked to help him along with the body, but they
refusal on the ground that they were in a hurry.
The deceased was quite dead and his eyes were
"fixed." Witness was at the spot a quarter of an
hour before, when all was quiet and no one about.
If there had been any great noise or scuffle witness
must have heard, as he was not altogether two hundred
yar,ls from the spot.
The Foreman of the jury said that it was now well ascer-
tained that the deceased had very little money on the Mon-
day in question, and that he had not his watch with him.
The Coroner said that no one now supposed that a robbery
had been committed.
Mr. Lingham, the surgeon, was recalled, and said that the
wound which had occasioned the death of the deceased was
between seven and eight inches deep. There was no other
wound on the body.
By the Foreman—The wound took a straight direction
across the chest to the heart. It must have been given when
the man had his side to his adversary, or it must have been
given by a left-handed person.
By Mr. Sergeant Ballantine—l have heard the evidence
of Lieut. Clavering to-day, and the wound was consistent
with his evidence.
The witness George (the groom who first found the body)
was recalled, and stated that the two men who called his
attention to the body, and told him not to drive over it,
were about six yards from it at the time. The tallest man
of the two had a stick, or something of the kind, in his hand,
which be wee swinging. They walked off the moment they

spoke to witaeas. The deceased was lying on his side when
found. Witness saw the body before the men called out to
him.

There being no further evidence,
The Coroner proceeded to address the jury, and observed
that he would a iv, rt iu the fist instance to the impression
which had been made by the first announcements with re-
gard to this melancholy catastrophe. It was announced
to be a murder, it was thought to be a murder, and there
was every reason to believe that a murder of a most atro-
cious character had been perpetrated. There could be no
doubt that the circarnstances justified, at that time, that
impression. The nature of the wound seemed, beyond all
question, to indicate that the crime had been deliberately
committed. Considerable light had, however, since that
period been thrown upon the circumstances, and he would,
thtrtf re, beg of the jury to discard that impression, and to
bend their minds to the facts as they appeared in evidence.
All preconceived notions, impressions, and opinions should
be utterly discarded and deliberately rejected befire the jury
could come to an impartial verdict, as they had sworn to re-
turn their verdict according to the evidence,and to that alone.
The facts of the death were clearly and satisfactorily proved,
and that the death of the deceased was caused by the
wound in his chest there could be no shadow of
doubt. But then came the all-important questions—how
was that wound inflicted ? what culpability was there ?
what was the degree of that culpability, and to whom did
it attach ? The circumstances were in many respects of a
very painful na! ere. It a ened tiles, uzfartneat de-
ceased was hardly in a fit state to leave the world ; but the
observation that he made, as spoken to by one of the wit-
neves—that he hoped he might soon be in Heaven—was
most remarkable. The jury would next have to look to
the circumstances under which two gentlemen, of hitherto
unimpeachable character, were placed, and who no doubt
must feel the greatest pain at having been instrumental in
causing the death of a fellow-creature. It was undoubtedly
to the credit of Lieut. Clavering that he knew nothing about
the termination of the unfortunate affray until he saw it in
the newspapers, and that he and his friend then did all in
their power to further the ends of public justice; the one
by giving himself up, and the other by attending as a
witness to state all he knew of the affair. If those gentle-
men thought that when they saw deceased his object was to
attack and rob them, then they were justified in resisting;
but they bath distinctly swore that the wound was not
the result of a thrust, apd the surgeon had deposed that
it might have been caused by a rush of the deceased, as
represented by Lieut. Clavering. If the wound of which
the deceased died was inflicted wilfully, it was a most
brutal outrage, but the probabilities were strongly in favour
of the assumption that the deceased had, in the first in-
stance, assaulted them with some description of noisy de-
monstration, as described by several of the witnesses. The
learned gentleman then explained to the jury in lucid
terms the difference between murder, accidental death,
justifiable homicide, and homicide by misadventure, and
directed them to weigh the evidence, and fearlessly return
a conscientious verdict.

The jury then retired to consider their verdict, and after
an absence of two hours the foreman entered the court and
announced that they had agreed to the following verdict :
" We, the jurors, consider that the death of John Gates
was caused by a wound in the chest which penetrated to his
lungs and heart, but whether the said wound was inflicted
wilfully or was caused accidentally there is not befgre the
jurors sufficient evidence to show."
The Coroner said be was bound to observe that had he
been a juryman in the case he should have returned a
verdict of that kind, or one closely analogous to it. The
circumstances of the case were involved in great doubt and
difficulty; but this was a very severe verdict, because in
point of fact it showed that Lieut. Clavering's description
of the manner in which the wound was inflicted was not
credited.

The Foreman said they had given him the benefit of their
doubt in that respect.
The Coroner said he did not think the jury could have
done otherwise. At the same time he must remark that
none of the particulars of the case would have been known
if these gentlemen had not come forward as witnesses.
Notwithstanding this, it appeared that the jury had not
given credence to their statements.

The Foreman said there were same statements made in
the evidence which the jury found it impossible to reconcile.
The Coroner said he had no doubt that the jury acted
conscienticusly.
Mr. Giffard said that Lieut. Clavering and Capt. Miller
were in attendance.

Tue Coroner ordered their recognisances to be discharged,
and said they might leave the court.
The proceedings then terminated.

RAILWAY INTELLIGENCE.