The Sun.
London, England, 1857-10-07 00:00:00

THE MURDER IN CHESHIRE.

The adjourned inquest on •the body of James
Benclerscrn;s farmer, of Bramall (or, as it otherwise
called, " Bramhall"), Cheshire, who was shot while
in bed on Wednesday morning last, was held at the
Victoria Inn, near the Bramall station of the Mac-
clesfield Railway. The coroner, Mr. W. Johnson,
took_his seat at 10 o'clock. The jury was princi-
pally composed of farmers, and Mr. Marsland, a
landowner of the neighbourhood, was the fore-
man. Me.- W. P. Roberts, solicitor, Manchester,
appeared for James Henderson, deceased's eldest
BOn, who was present in custody. The police de-
scription of the prisoner is—" height, sft. 4in.; com-
plexion, light ; eyes, hazel, sharp and deeply sunk
in the forehead ; hair sandy ; cheeks very hollow."
He was brought from the Stockport county lockup
in a cab by Mr. Superintendent Andrews and Mr.
Little, deputy constable, of the Cheshire County
Constabulary, A considerable crowd of country
people, many of whom must have been known to
him, were congregated round the door on his arri-
val, and on alighting from the vehicle his lips
quivered and he appeared somewhat nervous. The
township of Bramall is composed of scattered de-
tached farms and cottages, and the population is
about 1,800 in number. The scene of the murder
is about three-quarters of a mile west of Braman-
hall, the seat of Col. Davenport, the owner of the
farm, which is an ancient brick and timbeiman-
sion, said to have been erected in the reign of
Richard M. The jury-room was exceeding crowd e 1
with people, some of whom had come from Stock-
port, and many of them from the village of Hazle-
grove, which is only a couple of miles east, and
Cheadle, about the same distance west, of the
township.
Michael Maluckney, sworn.—l am a farm la-
bourer, and was in the service of the late Mr. Hen-
derson at the time of his death. I lived on the
farm, and slept in the granary with John Dillon,
a fellow servant. It will he 15 weeks to-morrow
since I entered his service. On Tuesday night last,
Sept. 29, I went to bed at half-past 8 o'clock, and
Dillon did the same. I was awoke about 2 o'clock.
I suppose it was by the prisoner, who called from
the kitchen or pantry for me to get up quick. I
commenced dressing. My sister also lives as ser-
vant there, and she and the prisoner came and
called again soon afterwards, and desired me to
" come down smart," and not to dress. I and Dil-
lon then went down and found the prisoner in the
kitchen with a gun in his hand. The prisoner's
brother Thomas was there, my sister, and Blaize, a
servant lad. Prisoner asked if we had heard any-
thing, and we said, we did not. He said, " Come
up stairs, there are robbers about the house." I
went up stairs, but we (James, and Thomas, and I)
first went into the cellar. e found that there
was no one there. He then said, " Come upstairs
and we'll try the rooms." We all then went up-
stairs. James (the prisoner) then went into one of
the bedrooms, but not that in which deceased lay.
He had a candle and only looked inside that room,
and then he went into deceased's room. The door
was not open, because I saw him raise the latch.
We followed him in, his brother Thomas following
first, and then myself and Dillon. The prisoner
said, " Come on out, my father is killed." He had
not been up by the side of the bed, but he went a
little past the foot of it. He did not touch his
father, nor did Thomas. We then left the room.
No search was made to see if anything had been
taken. The prisoner then went into his mother's
room, and I heard him tell his mother his father
had been killed. I did not go into her room, and
did not hear whether she made him any reply. I
did not hear any shriek nor any expressions ofgrief.
We next went down to the back kitchen door, when
the prisoner gave the gun to his brother to fire,
and Thomas discharge t two shots, one after the
other, outside the kitchen door. The prisoner thm
took us into his siting room, and showed us his
leather desk (like that ;produced), which had
been broken open. He went and examined
the desk, and said, " Here's where my money
was, and it has been taken out." I think
he said there was 151. 10a. We all then went
into the kitchen, and the prisoner and Thomas told
us (me and Dillon) to go and dress ourselves ; we
did so, and returned. We found the prisoner and
Thoma,, when we returned, in the beck ki:c'ieu,
and Dillon was sent with Thomas to fetch the po-
lice. The prisoner and I remained by the kitchen
fire to guard the house. While I was the e my
sist-'r came down. The plisouer asked me out after
the others had gone—about five minutes after—to
look at my bedroom door, which is outside the
house. He said, " Come Mick, let.'d go look at '
your door." He bad a light in his hand, and went
up to the steps to the doorbefore me. I was open-
ing the door to go in, and he s,id, " Oh, Mick.,
look what's in your door," awl he gat hold of a
piece of woad that was s„ur2k in the latch. [The
door is fastened outside by a wooden latch, and
persons inside could only open it by putting one
finger through a hole under the latch.] The piece
of wood he showed me sticking in the latch, was
about the size nowshown tome. I said" Oh, James,
what put this here ?" and he said, " That's a bit of
wood put there to keep you in." We returned to
the kitchen, an I soon after the prisoner asked me
to come from thefire into the b tck kitchen. He told
me to stop there while he went to look about the
hedges and ditJbe,, and I did se. He took no light
with him, nor any weapon. He remained away
nearly half-an-hour. When he returned he asked
me ti go up.,ta'rs with him, and I went into his
own bed, own with him. He went to his drawer or
box, I cannot say which, and he pulled out some
papers and put them into his pocket. He did not
go into deceased's chamber again, but went down
stairs to the fire. Here he pulled a quantity of pa-
pers out of his pocket and throw them into the fire
and burnt them. One of the pieces fell out an Ihe
got hold of i; and put it into the fire again. My
sister Nancy was present at the time.
- The prisone-, who was taking notes at a table
behind his att irney, here hande 1 a atip cf his notes
to Mr. RobJit,, but the latter founded no question
upon it.
Witness continued—l hive seen decmsed and
the prisoner- together in the harvest, but I never
saw them speak together. I never heard them
speak together at meals, but the old man usually
toll( his meals alone.

By Mr. Roberts—lt was nut lung after we were
called befere we went into the cellar. I should
think it might be five minutes, but not much more.
I never saw the old man and the prisoner t )ge-
ther, or talk t )„oether, boat I h.tve seers the whole of
the rest of the family walking together and t.*lking.

By the tiunner—The old wan was not there then.
I never saw them speak togeth r. I never saw any
falling out among them, but they never spoke.
By Mr. Roberts—Toe deceased was a good, ten-
der-hearted master, and kind father to his children.
All of them, so far as I saw, were well-behaved to
him. The prisoner used to go out at 8 o'clock to
Alanchst.:T every m, ruing, and so inet,mes returned
at 7 o'clock, or, I,ter, in the evening. The old min
used to rise at half-put 4 sometimes, and went out
with us milking. Don't know what time the pri-
soner usually rose in the morning;. Thy fire wAs
low when the prisoner put, the paper in.
By the. Coroner—He did not put anything else
on the tire besides the papers.

By Mr. Roberts—Did you sag any diff3rence be-
tween the conduct of James with his father and the
others ?

The Coroner thought this was not a proper ques-
tiiin, and asked. the witnesi whether the other mem-
.bers of the fathily talked with the father. .r•
Witness said, the others talked With the father a
good deal.
By Mr. Roberts—Never. saw any differance be-
tween the conduct of James and other members of
the fami'y towards the father, except that these two
never spoke together. James (the prisoner) never
attended .to the farm business as far as I saw, but
when he came home at night he would talk to us.
• John Dillon, firm labourer, sworn—l had
,been
in deceased'sr service 14 or 15 weeks, and slept on
Tuesday night last with Mainckney. ..I was called
'tip at the same time with my felloW-servant. I
only put on my. trousers. James said when we got
into the kitchen that there were robbers about.
"Went upstairs with James, , and Thomas, and
Michael, and Nancy, and Blaze. James went into
a bed-room, and returned, and went , into his
father's room. The door was shut, but I cannot say
whether it was latched. He went to theend •of Ole
bed, or a little beyond. it. He went furthe.t into the i
menu. He did not examine the body or touch it '
He said either, " My father is kill ' or cc my.
fa,ther"firetot," but I am not sure wlelidCt:
in deceami's bedroom, No
cfur-
ther search was made
we Came' out and prisoner went into ilia monio,thane '
bedroom, and told his married sister, Mrs. Earl r 3,
that his father had been killed. I and Malucknthe"
afterwards went to dress, and I went for the police.Y
John Bld7e or R'ease _sworn—l am a farnala
bourer, and'eutered the service of the demased lest
Monday weak. I slept in the attic with a servant
boy, and Thos. Henderson slept in the same roe
Tuesday night about 8 o'clock, nd
. I
went to beaoil
ri.
the boy with me. About two o'clock in the m ru-
ing I heard the discharge of firearms. I he trg a
second discharge directly afterwards. I then go ,out
of bed and commenced dressin7. Thomas, who sad
got out immediately before I did, was also dressing.
I heard nothing after the second report —no noit e of
any kind. afterwards heard James call Thowas.
and say,
"Thomas, there's robbers in the hottse."
Thomas went down firat, and I followed directly.
When I got to the second landing, upon whichf the
bedrooms of the first floor open, I saw the prishner
James standing at his bedroom door, and he 'had
a double barrelled gun in one band and a
candle in the other, and said there were robbers in
the house. The candle flame was full, as though it

had been lighted some time. He was in his night-
gown. He had no nightcap on. I observed, as we
stood on the landing, that deceased's door was
shut. I went down with James and Thomas into
the kitchen, the prisoner James carrying the gun.
I did not hear him charge the gun again. When
we got down some one said the kitchen door was
open. I looked and found it so. After this James
knocked for the Irish men-servants, and they came I
shortly afterwards. We then searched the house,
Thomas and Michael going into the cellar, and we
then went upstairs. We went into deceased's bed-
room last, and found that he had been shot. No
examination or search of the room was made. I
afterwards returned to bed, being very cold. I did
not see the gun charged again after 1 came down.
By Mr. Roberts—Never before saw the brace
produced. [This was a piece of a pair of braces
with a spot of blood on them, said to have been
found in the farmyard yesterday by a Mr. Smith.]
It was not a minute after the first report of firearms
that I heard the second. It was not more than half
a minute.

Nancy Maluckney sworn—l lived as servant to
the deceased at the time of his death, and had been
there better than three months. I went to bed on
Tuesday night after the men-servants, leaving Jane
and her mother up, and also the prisoner. Thomas
was not then in the house. The first thing I heard
in the morning was the prisoner crying out that
robbers were in the house. I slept in one of the
attics alone. I had heard no report of firearms. I
came down and saw the prisoner in the back kitchen,
and afterwards went upstairs with them. I went
into the room where deceased lay, but cannot say
whether the door was open or shut. I heard the
prisoner say afterwards to his sister that his father
was shot. On a Sunday, when there was company,
I have seen James and his father and family in the
sitting-room together. I never saw them sit toge-
ther alone. I 'Lave seen Thomas and his father
talking together, but never saw James and his fa-
ther talking together.
By Mr. Roberts—James used to take his meals
often in the sitting-room. All the family were
friendly together. I never heard any quarrelling.
The old man was a little hasty, but I never took
any notice. I never saw the broken braces pro-
duced. I do not recollect seeing James and his
father ever walking alone together in the fields. All
the family used to dine together on Sundays.
George Oswald Andrews, superintendent of po-
lice, sworn—l received information of this murder
between 3 and 4 o'clock on the morning of Wednes-
day last, Sept. 30, and went to the spot immediately
after. I met with the two brothers, James and
Thomas Henderson, at the house. I had taken
Sergeant Cooper with me. I said, " You have had
something serious here." James said, " Yes." I
said, " Have they taken anything?" and he said,
" Yes, they have broken open my writing-desk and
taken 14i. 10s. in gold." The sitting room door
was open, and I went in. James pointed to the
writing-peak produced, which lay open on the table.
He pointed where the money was taken from, and
he picked up the brass fastening, saying it had been
broken from the writing case. We had a candle,
but I made a slight examination of it only. I then
locked the door and brought away the key. In the
passage I asked how the entrance had been effected,
and James said that he had found the back door
open, and that he supposed some one must have got
in during the early part of the night, concealed
themselves in the cellar, and after the family had
gone to bed had let ~,the rest of the gang into the
house. He had been up last, seeing all the doors
fast ; that he went to bed about half-past 12, an I
thought he heard a shuffling noise, which caused
him to turn several steps back, ut all was then
quiet and he went to bed. Myself and James and
Th enas and one or two officers then "went upstairs,
and James pointed out a pane of glass on the land-
ing broken by his having shot at a man he saw
standing on the stairs. I said, "Did you think you
hit him?" He said, " Yes, for be uttered an excla-
mation as if hurt." I examined the lauding where
the man was said to have been standing,
but could find no traces of blood. We then went
to the next landing to James's room, and at my
oiliest he got the double-barrelled gun and showed
me the position in which he stood when he fired.
I asked what was the very first thing he lie trd, and
he said the report of firearms in his father's room,
upon which he sail he jumeed out of bed, seize 1 a
gen that was against the drawers, opened his bed-
r. o n doo-, and, seeing the outline of a mxn against
the window ou the landing, he immediately fired
at him. I said, "ad you not call out before you
fire 1, 13.-!caus-) it might have been your brother or
some one of the family." He said, " No, I did
not." I aske 1 what next took place, and he said
he could see a lig'at from hia father's room, but the
moment he fired it was extinguished and two men
ruche 1 out down the stairs, anti he believed from
the noises there we:e two or three persons outside
the house. He said the feet of all the men were
muffled. I then went into deceased's room. I
found the deceased lying upon his back in bed with
a severe wound on the face, the face blackened as
if from an exp!osi al of powder, and I noticed that
the features were placid, so that I formed the opi-
nion that he must have been shot while asleep.
His arms lay upon his chest and were crossed. A
t.i.hle that stood under the window was pointed out
by the prisoner as the place where the old man kept
his money. I found the top locked, and the table
had no appearance of having been distur'ce 1. Tee
room struck ma as in a remarkabie st ete of neat-
wee and order, considering what I had heard ha
t liken place. There was a piece of carpet by the
bedside which not been d stuleed. I then
locked tine room and went to make inquiry at S.e_ ck-
port about a discharged man-servant. I returned
a,i,oat 9 o'clock in company with Messrs. Graham
anti Son, surgeons, of Stockport, and called their
particular at'enion to the position of the body as
to whether deceased hal been shot while asleep.
I th n mede a search of the b=dclotht s,
and picke I up about 12 pieces of paper on the body
and bed and side of ti 'e bed, which appeared to
have le.;eu used as the wadding of the firearms with
which deceased was shot. They arc b'aelet ned
with l owder and singed. They are now produced
in :he state in which I found them. They were in
places where they might le expected to be found if
a gun ha -I been discharged at the deceased, at or
near the foal of the bed. I also produce two teeth
.found there. I then male a minute search upon
the stairs where James had said the man stood that
he tired at. I WAS aisisted iu this search by Ser-
geent Hammond, and we picked up a number of
pellets that had been flattened wi h the discharge
sgainst the wall, and Sergeant Ilemmoud picked
up what apps ars to have been the wadding of the
gun and handed it to me. I afterwards found in the
prisoner's b dream, in the chamber-pot, two pel-
lets. Mr. Little, the deputy chief-constable, was
then assisting me, and 1 sae him take from the
chamber-pot the piece of paper produced, and he
took from the same utensil a sp; nt cap. Upon the
floor of the chamber I found a quantity of sh )t and
anothcr spent cap. These I produce. 12 of the
shut or pellets, and 12 of the flattened pellets found
on the stairs I delivered to Mr. John Graham, arid
saw him compare them with pellets he had in his
p seession (taken from the body of deceased) and
weigh them t,gelier, 12 of each, and they were
pric!sely the same weight. In the dressing-room I
found a numb.tr of publications called "Tile Cot-
tage Girl, or the Marriage Day." A l ort:on of one
of these I now produce. The pages are 1,185,
1,186, 1,199, and 1,20 d. On one of the pieces of
wad taken from deceased's bedroom were the
corners of pages 1,197 and 1,198, the fourth figura
being torn off. There is letterpress also on the
piece of paper. I produce a perfect number of the
same publication, commencing with page 1,185, an
ncluding with 1,200 which has been since pur-
chased.

Mr. Roberts said he objected to this as not,
evidence.

The Coroner overruled the objection.

The w:tness continued—lt contains the whole of
the page 1,198, and on comparing the pieces of
paper found in deceased's room with this perfect
copy of the work I find many of the words ou each,
and on comparing the wadding found on the stabs,
and the piece of paper found in the chamber-pot
iu the prisoner's room, I find they contain the
same matter as that on the lower parts of the same
page. I examined the door of the granary, and
found the pieces of woad now produced, one being
:,in the latch and the other at the bottom of the
steps, being picked up by police-constable Smeaton.
The prisouer, James Henderson, was not at home
at this time. Before I left the first time he said
he was cashier to a firm in IVlanches'er ; that it was
of importanca he should go down there, as he had
keys and books that would hinder the business.
I told him there could be no objection to his going,
but desired him to get back as soon as possible to
assist in the inquiry. He rerurned in'the afternoon,
and a, little tree after I told him I would arrest
him
said o,n,
iritslaciecharge of committing th's murder. He
strong
what grounds r' I said
Grounds of
t lined till the
Very well master
'Fa IspciBon, and you will be le
He said, "-,
been furtherinvestigatea.,
mother'?" I said lie might,sue I may speak to my
11).-1 he went to ask
her to get him a cup of toi
tookHetooksilverfrom from her
pnaysislvirunrde,
and found to be 7/. 10s. in gold,
which he said he had from his Thomas,brothert.oi
which the latter said he had given him
bills.

By Mr. Roberts—l searched about the house
that morning, and had several officers about and
around the premises making a minute searchduring
that and the following day. My attention was
not drawn to any footsteps. Two days afterward.,
I heard there was a faint mark of a clog under

the window at one end of the house, but knowing
one of the servants had clogs on I thought it of no
importance so long after the murder. I noticed
also two ladders that were in the orchard to get
fruit with. One of them would reach the window
referred to. From the quantity of blood which
had flowed from the deceased I should say a person
standing close by the side of the bed would be
likely to be sprinkled with it. Deceased lay with
his head on the pillow, and from the mouth a
stream of blood extended over the side of the bed
and on to the floor, where there was a pool of it
partly by the side of the bed, and partly under it.
By the Coroner—ln deceased's waistcoat pocket,
hanging at the foot of the bed, I found a key which
opened the table drawer, and there I found an
order for 1001. on the Bank of Scotland, a bank
receipt for 931. and five sovereigns and 9s. in silver
and copper money. In one of the pockets of de-
ceased I also found a shilling.
[At this stage of the inquiry the coroner and
jury retired and had some refreshment. The pri-
soner also partook of some. During the whole of
the inquiry the prisoner sat at a table supplied to
him for the purpose, and took notes of the evidence.
He wrote suggestions also for questions by his
solicitor.] _ _

On reassembling, one of the 15 jurymen (Mr.
John Lees, of Bramhall) was missing, and the
coroner said he should not proceed with the inquest
until he was present, and that he should report
his conduct to the Home Secretary. The missing
juryman was accordingly sent for, and fined 403.
At the time we dispatched our parcel the inquiry
was again about to proceed, and we understood that,
besides the medical witnesses to be called, there
was other very important evidence to be given,
showing the animosity which has for a very long
time existed, between the prisoner and his lather
and also to prove the abstraction by the prisoner
from his father's possession of the lease by which
the farm is held of Colonel Davenport. The lease,
was given to the witness by the prisoner last March,
who will also, if his evidence is admitted, prove
that the father had, on one occason, been violently
beaten by the prisoner.
The village is in a very excited state.

(Br THE ELECTRIC AND INTERNATIONAL TELEGRAPH.)

VERDICT OF WILFUL MURDER.

A verdict of " Wilful Murder" has been brought
in by the jury against the prisoner James Hen-
derson.

THE FRATRICIDE IN LIVERPOOL.

LIVERPOOL, OCT. 6.
At the police-court this morning William Jones
was again brought before Mr. J. S. Mansfield, the
stipendiary magistrate, charged with having stabbed
and killed his brother, Robert Jones, during a
quarrel in their own house in Trowbridge-street
on Sunday night.
The keeper of the Bridewell stated that the
prisoner was taken to the Bridewell about a quar-
ter before 12 o'clock on Sunday, the officer who
had him in custody stating that he was charged
with killing his brother. Witness asked whether
the man was dead ; and the pi isoner replied, "Yes,
dead enough." Witness then said, " Jones, you
are charged with stabbing and killing your brother.
You need not say anything, without you wish to
do so, and what you do say will be given in evi-
dence against you." He replied, " I was obliged
to do so ; he forced me•to it ; he struck me first in
the face." Witness then saw blood about his face,
and that his hand was cut. Witness drew the
prisoner's aVention to the latter circumstance, and
be said " they (meaning his brothers) cut my
hand." About two hours after the prisoner was
brought to the Bridewell witness visited him in
the cell with offic:ir 193, when the prisoner told
him that two of his teeth had coma out, and he
found one on the floor.

The surgeon (Mr. Allen) who had received the
ho ly of the deceased at the infirmary, described the
nature of the wound, which he said was about four
inches in depth, penetrating to the heart. The
wound wa3 the cause of death. It was also shown
when the quarrel commenced the prisoner was
using the knife at the table, getting his supper.
M 7-. Mansfield said th 3 case was as shocking as it
could well he, but it clearly did not amount to more
than mansla,ightcr, on which charge he must be
c3mnaitted for trial at the asAizep.
At the inquest on tha body this morning before
the bcrough coroner, a verdict of manslaughter was
also re limed.