The Sun.
London, England, 1857-10-08 00:00:00

MUNI LON BON, Til unsn A Ey V*

INC OC-1 913 ER, 8 _1857

THE MURDER IN CHESHIRE,

the coenty,of Chester, for 10 years. Rent for first four
years, 2021.. and afterwards for the residue of the term
2401. payable 24th June.
The following additional evidence was given at
adjourned inquest on Tuesday evening : [mistake appears to have been made in the en-
;hedorsement, as the lease itself commences on the
Benjamin Cooper—l am a sergeant of the °hes 25th of December, 1853.] When he talked- about
shire county constabulary. I accompanied Superin- getting his father into a madhouse I remonstrated
tendent Andrews to the house of the deceased about with him and said he must not try to do so, as his
4 o'clock on the morning of Wednesday last. I father was perfectly sane and the surgeons could
found the prisoner and his brother Thomas there, soon ascertain, it. During the same interview the
and I afterwards saw the dead body of the deceased. prisoner at 'different times called his father
After we had made an examination of the house, " a blind old --.". Since that time I have
Mr. Andrews left, and I remained in charge. Be- never the prisoner and his father together. I
fore he left he locked uli the sitting-room and took have seen them both separately, and they each corn-
the key with him. No one went into it during his plained of the other. A few days after the lease
absence. With the exception of Sergeant Ham- was left with me the prisoner called on me and
mond and myself no one went into the deceased's said, "We can't put up with that old fellow ; I
bedroom until Mr. Andrews returned. I produce have given him something that he'll mind. I have
a leather shotbag and a powderflask, which I found had to tie his hands and feet." Thinking that the
in a drawer in a wasbhand table in the prisoner's old man had been hurt, I came over to Bramall the
bedroom. The bag is half full of shot, and there next morning to see him. I then saw marks of
is some powder in the flask. I also produce two violence on the deceased's body. His two eyes were
exploded caps, which ( found in the same drawer, very severely swollen and blackened. (Sensation.)
in which was also a box containing a number of His upper lip was also swollen, as was likewise his
caps which corresponded with the sr eat ones. I left jaw, which seemed to have been caused by a
have since taken 12 shots from the shotbag and de- kick. The skin was all off his left arm which he
livered them to Mr. John Graham, who weighed bared to show me. The shin bones of both legs were
them in my presence, and they corresponded in black with bruises. Those were all the marks that
weight with 12 others which he had. I searched the I saw. OnWednesclay morning last after the murder
premises, outside and in, on the morning of the the prisoner called upon me in Manchester. He first
murder, as soon as it was daylight, but could find called between 9 and helf-past 9 o'clock, but I bad
no trace of any footmarks. not then arrived,- and he came again shortly before
George Young Graham—l am a surgeon, prat- 11 o'clock. I had then heard of the murder. When
tising at Stockport. On the 39th September last I he came into the office he walked round the coun-
made an examination of the deceased's b3dy, at the ter tee the window where I was standing. He
request of Mr. Andrews. I f rund the deceased was then accompanied by another young man,
lying on his back in bed, his head resting on the named Matthison, and I asked them to be seated. I
and his face a little inclined ti, the said to the prisoner that I was sorry for the tran-
pillow, •
right. Neither the pillow nor the bolster ap- section which had taken place ; and he replied that
peared to have been disturbed in the least after the it was a sad thing, or circumstance. I inquired if
deceased had laid down to rest. His arms were out- his father was_ shot, and if so, where 7 and, putting
side the bedclothes in a perfectly natural position. his hand to his right cheek, he-said " through
Both hands were closed andcroesedover each other. there." He was next asked whether his father was
Both legs were stretched out and close together ; killed with a pistol or gun, and he answered "by
and the soles of both feet rested firmly against the a gun." I then said, addressing the prisoner,
footboard. Upon the ordinary covering of the bed " Now, sir, rest assurred that the murderer will be
was laid a shepherd's plaid, which reached from the found out ; if man cannot, God will." I mentioned
deceased's chest to the bottom of the bed ; it was the instances of Mrs. Manning and Rush, and said,
tucked in, and rested firmly between the deceased's " Horrid murderers cannot escape," upon which
feet and the footboard of the bed. The plaid was he and the other young man got up and left. Pre-
perfectly smooth, and did not appear to have been vious to this, when the prisoner first came into the
disturbed in the slightest degree. It required, in- office,. I asked how the unfortunate occurrence
dee.l, a little effort to release it from the footboard. took 'place, and he then said, "About two o'clock
The face was extensively blackened from exploded this morning I heard a noise in the house, anal took
powder, the blackness extending from the chin to out my gun, because on Mond'ky my father had a
the forehead. The upper part of the deceased's shirt sale of cattle, and theaubtioneer and other parties
on the left side was also a little blackened. The said there were many rough characters about ; and
right eyelids were perfectly closed, but the left owing to the. money that 'was taken for the cattle
ovver eyelid was slightly open. There was a large they might lay siege to the house at night. I
quantity of blood upon the bed, on the right side then loaded my gun, both barrels, but as no one
of the deceased. There was a gunshot wound on appeared that night, on Tuesday morning, observ-
the face, and the brood had escaped from it on to ing a few small birds on a tree in the garden, I let
the bedclothes, from which it bad flowed in se- fly at them, and brought down one. I then put
veral streams to the mattress, arid thence to the the gun by in the corner of my bedroom ; and on
floor. I should think there were at least 12 ounces the Wednesday morning, about 2 o'clock, I heard
of coagulated blood on the floor in addition to a noise in the house, and got ont of bed, and took
the large quantity found upon the bed- my gun and went to my bedroom door. By a dark-
clothes. On examining the wound I found that a ish light from the window on the landing I observed
considerable portion of the upper lip, a small strip a man there six feet high ; and I immediately put
of the cartilage of the nose, and the whole of both my guu to my shoulder, fired at him, and it struck
the bard and the soft palate, with the teeth from him here (pointing to the lower part of his right
the upper jaw, had been carried away by the shot. cheek). When he got the shot he gave a great
The edges of the wound were lacerated and black- jump and a loud screech. I then observed two men
ened. The right malar or cheek bone and the bones go downstairs, with their feet muffled, and I called
of the nose on the right side were not injured. The to my brother Thomas, and told him there were
bones of the face, as well as those of the nose, on robbers in the house." He further said that he
the left side were completely shattered, so that the knew the robbers had been in the cellar, because
left cheek sank for proper support. 1 also found an they had left the tap of the ale cask running. In
opening in the anterior portion of the base of the speaking of his going into his father's room, and
skull. Portions of the bones were driven into the finding bib. killed, he said, "I shall not forget that
brain, and the hole was sufficiently large to allow sight the longest day I live." The deceased called
me to pass my finger through the opening. I next at my office many times since March, and I had
had the body removed from the bed, and stripped. always looked upon him as a clever man, and per-
On the left arm I found a small bruise, but not of fectly capable of managing any farm, if he had his
recent date. I and my son then examined the eyesight as he formerly had.
brain. On removing the top of the skull we did John- Cooke—l am the land-agent of Lieut.-Col.
net discover any marks of injury to the upper per- Davenport, of Bramall-hall. The deceased was one
rion of the brain, but at the base and back part of the colonel's tenants, under the terms mention-
there was a quantity of coagulated blood. We next ed in the lease produced. I saw him frequently
removed the brain from the skull, and found that it during his tenancy, and knew the prisoner very
was lacerated at the base at a part exactly corres- well. I had a conversation with the prisoner re-
ponding with the internal fracture of the bones. specting the farm. About 11 or 12 months ago I
Blood was extensively extravasated in the substance received a letter from him, which I now produce.
of the brain, and I extracted the eight shots which It is in his handwriting, and is as follows:-
I now produce from the brain. I next examined the " Hardy's Farm, Bramall, Saturday Evening.
mouth, at the back part of which I found the " Mr. Cooke—My dear Sir,-1 shall feel extremely
two obliged by your Mon-lay calling upon me on evening
shots and two teeth which I now produce. The aboat 8 o'oloalr, as kwish a little private conversation with
tongue was slightly lacerated. The whole of the vie- you, coupled with a few small matters relative to the
cera were healthy. From the above facts, my ira- farm. Existing circumstances prevent me calling upon
pression is that the deceased was shot while asleep, you as I should otherwise have done, and shall therefore
and that death was instintaneous and without a esteem your compliance as a favour.
" Hoping that it will produce no inconvenience to you,
struggle. I consider death to have been caused by
believe me to be, yours truly,
injury to the brain and shock to the nervous system, " JAMES HENDERSON, Jun."
which was produced by the gunshot wound. At the I went and had an interview with the prisoner on
request of the coroner,- I and my son, and Mr,
the Monday evening. He commenced by saying
Downes, a surgeon of Stockport, made a further
what he was going to state was a hard thing for a
post mortem examination on Friday last. We
son to say against' a father, and that he wished to
removed the top of the skull, and Mr. Downs have a little private conversation with me during
made a most careful examination of it. We 0
his father's absence in Scotland. He then said his
then tried to discover any more shot that might
father's temper and disposition were so bad that
be in the body. For this purpose we removed
they could not live with him, and that through his
the tongue, trachea, and oesophagus, and we (the father's) stupidity he had had a lawsuit while
found on the right side, among the deep-seated
he was in Scotland, which had almost ruined him.
muscles of the neck, and also scattered about the
He also stated that his father was a very great
mouth, a quantity of shot which weighed about
drunkard while he lived in Scotland ; and he added,
two drachms two scruples, making the total weight
" I do not kuow, whether you are aware that I
of shot extracted from the body at both times three
drachms. found—theegreater portion of the money to come
Rap the farm, and I wish very much to have the
By Mr. Roberts—' was not acquainted personally
with the deceased. I never saw a more healthy hod©r for my brother arid self to manage and con-
duct the farm. -w
man. It is usual for most persons to die on the back.
The bedclothes indicated perfect rest. The left hand I' .ish you to speak to Col. Daven-
that
port to know whether it cannot be arranged.
was closed, but not grasped tightly, as it would I and my brother should. ave the farm instead of
my father, and I will ewe that the rent is punctually
have been ifthere had been any resistance. - - paid. If so, my father shall have a comfortable home
hesitation in saying
and walk about as he pleases, but I wish him not to
that the person who fired at the deceased must have
By the Coroners--I have no
interfere, for I do not consider him fit for business,
stood somewhat to the right of him. Judging frciut 2
the direction which the shot took, Ido not thinleit b • bad, and he has on more than one
of shilling." * " The
is paida sovereign instead a s ling.
is possible that the deceased could have been in a •
his eyesight. mug
rising or sitting posture when he was shot., prisoner then referred to the covenant in the lease
4 respecting the additional rent to be paid after the
George Downs--I am a surgeon of Stockport. On first,
and"My father will not pay the
'Friday last I made a post mortem examination of years, said,
in company with, the last additional rent because he does not consider that
the body of the deceased,
the farm wiil afford it, but I am sure it will if it is
witness and his son, Mr• J. Graham. I concur in
. * evidence given byproperly managed, and if I can have the manage-
the Graham as to the state mentof it I will see that it is paid." In answer to
of the wounds, and also generally as to the cause of what he said, I replied, " It is all very well, Mr.
death. James, but you know that your father is tenant,
John G. Graham—I am a surgeon at Stockport. and that unless he isagreeable nothing can be done." .
rassisted my fathem at both examinations of the
I asked him if his brother and mother and sisters
deceased's body, and I concur with him entirely iu were agreeable, supposing' his father and Col. Da-
the has given. I produce the veaport were ; ane-he said, " They are perfectly
I have kept 12 of them in a separate
shots taken from the eceased's neck at the second agreeable, and they wish it to be so." Since then he
examination.
bthoex.evildeanlscoe
pwrohdicuhe -13 two. parcels of shot consisting has repeated the application at my own house ; I
which I received from Mr. Andrews on think it was in March last. From my intercourse
of 12 each, with the deceased I considered him amen of vigor-
Saturday, and another parcel of 12, which I received
Cooper this morning. I have weighed ous intellect, and capable of managing leis own
from Sergeantaffairs, He was a little stupid (obstinate) sometimes
them all by the standard and with each Other, and
but I never thought he was incapable of managing
they are exactly of the F4lll-3 weight. • •
Chas. Lomax—l am a letterpress printer at Stock- his affairs. He called at my house on the Saturday
before his death.
port. I have examined the portiOn of the publica- This being the last witness to be called for the
,tion, " The Cottage Girl; or, The Marriage Day,"
prosecution Mr. Roberts obtained the permission
found in the prisoner's bedroom, and, on comparing
of the coroner to call a witness to prove the finding
it with the perfect number now shown to me, I
of the brace. •
.
have no doubt that both are printed from the same C. efl. Smith, son of one of the prisoner's em-
type, and the ' illustrations in front of both are
ployers—l cams over to Bramall this morning with
my father, and I went with him to the deceased's
thethepacke same
packet
now
we block. Among the
shown to me mared "pieces of
C" (c ornd-
house. ie were looking abo at in the garden, and
posing the wad found in deceased's body), I fins
in the grass near a tree, opposite to the end of the
the numerals " 1093," and portions .of threen
house, in which there is only one window, I found
printed leaves, which correspond with the corre-
the back part of the brace now produced. My fa-
spending lines in the perfect number. The paper
the wad Cher picked up another piece of a brace (the front
marked ,s D" now shown te me (part of
lines P`
art of one) about four inches from the same spot.
foundwhioh onthestaThere was a mark on one part of the brace which
correspondir stairs contains
with corresps looked like blood. Not far off I saw an old pair of
1,198 in the perfect number. In both copies, idn
irowsere, without braces, which were in the same
ponodrtiinognslionfentainn.
pageas
the fragment and in the perfect number, the wor
state of dilapidation. Thee©" were also several
"robes" is spelt with a "c" (robes) instead of "e. .
pieces of old cloth lying about. I afterwards pointed
Another portion forms the last six lines of the same
out the place where I found the brace to Mr. Au-
page. I have no doubt whatever that the type
areas.
from which the whole of the pieces were printed is
T. Smith—l aen a cornfactor at Manchester. My
the same as that from which the perfect number is
son handed to me one piece of brace, and I picked
printed. the other piece.
Sohn Walker—l am a steam-packet agen,
t up at
By Mr. Roberts—The prisoner has been in the
Manchester. I knew the- deceased and the whole
employ of myself and my partner. for three years
of the members of the fancily, except the eldest and a half or four years. Everything was satisfac•
daughter, whom I have never seen. I haveknown
tory during that fime, and I considered him to be
the prisoner for 12 or 13 years, and the deceased for
a good and honest man. I never saw him idle a mo-
four or five years, which was a short time before he
mesa while
left Scotland. I have had conversations with the ..,rather parsi-
By the Coroner—The prisoner was
prisoner respecting his father. The first coeversa-
mot-lieu,.
tion was in March last.recalled, and
Mr. Superintendent Andrews was .
Mr. Roberts objected to conversations which , in the
he stated that he had been shown the spot
took place so long ago, but were found.
garden where the two pieces of brace
The Coroner decided upon receiving them.
He had several times before, on Wednesday, Thurs-
. Examination continued—.l had a conversation and it
day and Friday last, examined that spot,
with the prisoner on. some day is March last, when
wasp .
sable that the pieces could have been
he called at my office, 77 Market-etree . t He tom- was imposst
erass had been care-
/ th-re without beine seen. The' grass
p'ained greatly of his father's conduct, and used
y
full searched to find the wadding used by the pri-
abusive expressions towards hie fether, such as " Do
d
y.O know-that eld rascal and old villain? He ii soner when he shot thesparrow, and a piece of goo
quite by himself. R
e is quite deranged. He is
gun-wadding was found there. A pair of old trou
S and some pieces of rag were also there now
abusing us all, and we mu-t get him into a mad-
which were not there when the previous search was
house, he is not fit tocondue• his business or to have made. .
anything to do with the management of the farm,
This completed the evidence,
and at 10 minutes
and I intend to take it out of his hands Y He then
to 8 o'clock the coroner began to sum up. He, de-
produced a paper, and it was a copy of the lease of
urecated the comments which had been made by
his father's farm between him and Col. Davenport -.to dismiss from their
the press, and urged the jury .
which had
for 19 years. He said he wouldleave it in my pos
minds all except the sworn testimony
session, and I was to keep it secret from the family.
been given during the inquiry. The fact of , the
I th n said that I would not take it unless it was
murder was undoubted; but as to the way in which
made up in a parcel, sealed and addressed to himself,
it was committed there were two suggestions. : In
with the direction "to lie until called for." The
the first piece it was suggested by the son James
prisoner then sealed it up in a parcel, with a seal
that 3 or 4 burglars entered the house, broke open
bearing the initials "J. H." He wrote upon it
the writingclesk, and then proceeded to the old
the present teldress, " Mr. James Henderson, jun.,
man's room. The .statistics of crime in this country
Brain ill-11411,, t ,by.
_Stockport/ care of Mr. John
showed that the object of all burglars was plunder
Walker, Steam-packet-office, 77/ Market-street,
d and net tieurder, and they never desired to commit
Manehester.,,_[The parcel was her© opened, and bloodshed unless for the purpo eof personal protsc-
it was found to contain a pl tin copy of the lease,
tion or of seuuriug booty. In this case it was sug-
bearing the following endorsement] : to Mr gested that the burglars bad broken open the desk,
`•est December, 1854. Dame Maria Davenport
in• but, considering its lightness, it was more probable
James Henderson. Copy lease of a farm in Bramall,