The Sun.
London, England, 1857-12-17 00:00:00

ASSIZE INTELLIGENCE,

OXFORD CIRCUIT.--STAFFORD, Deo. 15.
(Before Mr. Baron Martin.)
Ann Plant, aged 22, was charged with the wilful
murder of John Plant, on Oct. 22, 1857, at Wolver-
hampton.
Mr. Spooner appeared for the prosecution ; the
prisoner was undefended.
The facts of this painful case will be sufficiently
explained by the evidence given by the following
witnesses :
Hannah Hickman said,-1 am the wife of George
Hickman, at Half-green, Sedgley. The prisoner's
mother lives next door. The prisoner has not lived
with her mother for two years. I remember pri-
soner coming home with a little boy. On the 20th
Oct. the prisoner was sitting in my brewhouse, and
her sister asked me if I would let her sit by my
fire. 1 did let her. On the 21st she lay at another
person's house, Mrs. Cooper's. On the 22d she
came to my house, and asked if I could let her wash
and dress the bady. I gave her leave. That was
on Thursday. She went out with the baby between
2 and 3 o'olock. She said she was going down to
Froghall to father her baby. She called the baby
" John." I tried to give the baby some teaty,
when she had none to give it. She called the baby
"John Plant." She came back on Thursday be-
tween 8 and 9 o'clock. he had not got the baby.
I said, " Ann, what has brought you back again ;
what have you done with the child ? '' She said,
" By God, Hannah, I gave the child away. A gen-
tleman and lady came and said, 'Dear me, what
ails your baby ?' and asked me to give her the child.
The lady then took it, and carried it in her arms to
Stafford-street." She said, " the lady took it to
a house in Stafford-street, which was carpeted all
over." I believed what she said, and that night
(Thursday) she slept by my side. The next day
(Friday) she slept in the house of a person next
door but 'one. On Saturday, the 24th, sho went
away to Mrs. Walker's, of Hallfield. On the
Thursday she took some clothes, and brought
them back. She said the gentleman bought some
clothes for the child, and told her to take back the
clothes and make a few pence of them. On the
Tuesday morning, the 27th, I went to Mrs.
Walker's, at Hallfield. I saw the prisoner there,
and said to her, "You've destroyed your child ;
will you go with me or Mr. Ponder to the gentleman
you gave the child to ?" She said she would neither
go with me nor Mr. Ponder. I said, "Ann, if
you've destroyed your child, you will have to con-
fess." She said, " Oh, Hannah, I have destroyed
my child ; it is trouble that brought me to it."
She said at first she had put it in the river, and
then she said she had put it in the road. I then
sent for Mr. Ponder and he came. The next day,
Wednesday, Mr. Ponder showed me a child. It
was the same child I saw with the prisoner. I am
sure of that. I had washed its clothes and suckled
it. The prisoner's mother found her with victuals,
but she bad no money.
Catherine Ingram said,—l am the sister of the
last witness, and live with her. I recollect the pri-
soner coming back without the child.
William Ponder said,—l am a police-const able at
Bilston. On Tuesday morning I was sent for to
Mrs. Hickman's, at Hallfield. I saw the prisoner
there. I asked her what she had done with the
child. She made no reply. At length she said, if I
would allow her to jump down a pit she would tell
me all about it. I asked her two or three times, and
she said she would tell me when the crowd of
people were gone. I took her into an adjoining
room, with two gentlemen. She then said she had
thrown her child in the river. I asked her where-
abouts she threw it. She said she threw it in the
river by the side of the railway bridge that goes
over the river on this side Bilston-street, Wolver-
hampton. I asked her if she put anything with it
to sink it. She said, "Oh, Mr. Ponder, I throw my
child in alive." She then began to tear her hair.
She said she should have gone to Froghall, but her
shoes were so bad sho turned bank. She said the
child's Darnel was John Plant. I took her to
the police station, and then searched the river, but
I did not find any body that day. The next day
I got some drags, and found the body. I
showed it to Ann Hickman. I produc3 the gown it
had on. The body was about 100 yards below the
bridge down the stream.
Mr. H. D. Best, surgeon of Bilston, said he had
that
examined the body of the child, and he was of
opinion the child was suffocated by drowning.
There were no marks of violence.
The prisoners's statement before the magstrates
was put in and read, as follows :—" I did it for
want. I had no home to go to. I had been confined
only a month, and had to sit up all night in the
brewhouse. I had nowhere to tike it to."
Mr. Baron Martin having summed up,
The jury found the prisoner guilty, with a strong
recommendation to mercy.
Ms Lordship said he entirely concurred in the
verdict ; but, as he felt sure, under the circum-
stances, that if he passed sentence of death it would
not be carried into effect, he thought it would be
better at once to avail himself of the power which
he had, and to order sentence of death to be
recorded. His lordship then ordered sentence of
death to be recorded, telling the prisoner that she
would be kept in penal servitude for life.
The prisoner was then removed.
EXTRAORDINARY CASE.
Philip Clare, 30, miner, was charged with the
wilful murder of Elizabeth Hopley, on the 29th of
April, at Bilston.
Mr. Scotland and Mr. A. S. Hill appeared for
the prosecution ; Mr. Kettle defended the prisoner.
Mr. Scotland having opened the facts of this case,
the following witnesses were examined :
Mrs. Welton, the aunt of the deceased, said she
was a young woman, 18 years of age, the daughter
of a farmer at Wem, in Shropshire. In April last,
and since Christmas, she had been living with her
at Bradley, in the township of Bilston. On the
29th April she had been working for a Mr. Moon,
and returned home about '7 o'clock in the evening.
She went out again near ten o'clock, withoutbonnet
or shawl, and without saying where she was
going, and never came home again. Up to March
last she had been working for the prisoner as a
bank's girl, but had left his service on the Satur-
day night before Shrove Tuesday. She had had a
dispute with the prisoner about her wages, and had
summoned him before the magistrates.
Cross-examined—l had had no dispute or quar-
rel with the deceased, who was in perfect health
and strength that night. In going to her work at
Mr. Moon's the nearest way would be by the canal,
where her body was found, which is less than a
quarter of a nide from my house.
Joseph Davis said he lodged with the last wit-
ness, and remembered the deceased going out in
the evening of April 29. The aunt found fault with
the deceased about not getting some water made hot.
Cross-examined—There was no passion.
Geo. Buckley, a labourer, said that at about half-
past 4 on the morning of April 30 he was going to
his work, and as he was passing Mr. Rose's wharf
he saw a body in the water in the Bradley arm of
the Birmingham Canal. He took the body out, and
ell-lied it to Mr. Welton's.
Cross-examined—Between the house and the
canal there is a coke-hearth, which gives a flickering
and unsteady glare.
Mr. H. D. Best, surgeon, of Bilston, who had
made a po.st mortem examination of the deceased,
said he found a slight discolouration on the back of
the neck and arm, and a few recent scratches on
the back of the right arm. The deceased died from
suffocation by drowning. She was a strong, healthy
girl.
Cross-examined—The discolouration would n t
nec7ssarily indicate violence, and the scratches
might have arisen from struggling in the water. It
is just possible, but highly improbable, that she
could have received a blow on the head sufficient
to stun her for 20 minutes without leaving some
mark. From the appearance of her body she must
have been sensible when put in the water. The
dress and one boot were coloured by the haematite
ore. The wall of the canal was two feet above the
water. The witness said he was of opiniote that in
corning to the angle where the canal forms a fork
the deceased had falten over the wall into the
water. He said the light of a coke-hearth was very
flickering and dazzling.
By the Judge—lf she had been struggling with
a I think there must have been marks on her
body, but there were none.
Edward Lloyd, the landlord of the Square and
Compasses Public-house. at Bilston, proved that
the prisoner was at his house from half-past 6 till
11 o'clock on the night of the 29th April, and left
in company with a man named Withers Wolliscroft
and three others.
Wm. Wolliscroft proved that he accompanied the
prsener part of the way to Mosiley, where the pr i
soner lived, and parted from Lim about a quarter
of a mile from his (the prisoner's) house.
Cross-examined—Wo went along 'he Holyhead-
road. We talked together for some time on the road.
George Hague, a ie liceman, saw the prisoner, at
about 12 o'clock, aboat 50 or 60 yards from hie
(Prisoner's) house.
S. Wall said-1 am a labourer. On 99 1.1 .1
was night watchman to Mr. Rose, at Bradley. The
p.
near the rail Tway areseatrhteli e nt ilw ay. bridge. I know the p
nightri-
of the 29th of April I came
to the foot of
ytahrede °tee°
I wasbridge. I noticed two people on
notths bridge.tell
whether
e t bt
or 200 yards off. I could
they were men or women. I went
ear the rails. I was
by
the
reenileiyo were at the abut-
ment heard the wom
about l b- or 16
said you would kill me before:'
(is j
ooiftitthheeb7riaydlogl
railings where the t
ansaY, "Philip
dI
one of them was a woman. I saw him
otnh'etn killk n
knew
we
raise his fist and knock her down. It was on some

part of her head. I was at the bottom of the rails.
I was struck, and I could not speak or movo.
After this I wont up to him. Before I got up I saw
him put her on his shoulder. I went close up to
them. I knew the man directly; it was Philip Clare
(the prisoner). He had got her on his shoulder to
carry her away before he was aware of me. I said
to him, " Philip, you'll have to suffer for this."
He said, " If you speak I'll serve you the same." I
said nothing further to him. He took her off. I
followed him a space of five yards. I thought it
better to follow Minty, as I thought I should stand
no worse chance if I followed him up than if I stood
where I was. The road which crosses the bridge
goes up to Bradley. He took her over the bridge to
the Bradley side, and then turned to the left, after
two or three yards. He went along a cartroad,
between two buildings, cottages. This was about
20 minutes past 12. I know that, because I had
heard Mosley clock strike 12 a few minutes before.
I saw prisonergo to the breast of the wharf, to the
basin. He turned round to me and said, " Now, if
you speak, or tell any one, I will kill you ; I will
serve you the same as I served her, and set
some one else on to watch instead." He said this at
the breast of the wharf. He then turned from me
and carried her to the point of the two basins. I
then went along the rail to the " Wonder Pit."
I saw the prisoner put the woman in the water.
I did not see the woman move, nor hear
a sigh nor a groan. He carried her iu
the same position all the way. I did not
see him leave the wharf. When I turned off
he was putting a woman into the water. The
woman had something of a red gown on. I saw
nothing on her head. The prisoner overtook me
again that night when I got a quarter of a mile. I
was going to the engine that did not work at nights.
He said, " Now, if you speak and tell anybody, I'll
serve you the same as I served her." I did not
speak to him at all. He went across the main canal
road, as if he was going to Motley. When he over-
took me I was 20 yards from the main road, and be
came after me down the fields. I went to the en-
gine, and locked myself up till daylight. I did that
because I was frightened of my life. I saw the pri
soner the next night about the same place, about
300 yards from the little engine. He said, " Now,
if you speak or tell any one, I'll kill you and serve
you the same as her, and set some one else on to
watch." Three weeks after this I first gave infor-
mation. It was to the mistress of the house where
I lodged, at the New-town, Bilston. I did not give
the information before because I was afraid of my
life. The prisoner several times spoke to me the
same. Three days after I gave the information I
was summoned before the magistrates and sworn.
Soon after I was discharged on a sudden without
notice. I then went to Dudley, and stopped there
at the Plume of Feathers till the 5 o'clock train,
and then went to Worcester. I was afterwards in
the workhouse at Bristol, at the latter end of June.
When I left I did not tell anybody where I was
going. I came back to Warwick. I was sent to pri-
son there for breaking the windows of the Warwick
Union. I went there for a night's lodging. I was
brought back by the superintendent of the War-
wick police, and taken before the corener at Bilston,
and examined. That was September the 4th.
Samuel Hawes said he was a watchman on the
Great Western Railway at Bradley, and on duty
on the night in question along with another man
named Watson. Watson watched the Bradley-
bridge, at a quarter to 10 he left, and I took charge
of the bridge. The bridge had been giving way on
account of the pits. I was in a little hovel by the
side of the bridge. At near 11 o'clock I heard some
people talking on the bridge. It appeared to be
a man and woman. I then went to sleep. I was
woke by a loud screaming noise, like a woman. I
heard a voice say, "Don't hit me," and directly
after that she said, " You said you would, but
don't, dont." It was all in a loud screaming voice.
I then went outside the hovel. I could not see any
one, but I heard some people talking. [ then went
in and sat down. I sat down about 20 minutes,
and thought I heard some one on the line. I could
see no one. In about 20 minutes I heard the goods
train. It was then 11.45.

Cross-examined—l afterwards mentioned in the
neighbourhood what I had heard.

lie-examined—l examined the railway book to
see what time the train arrived. It was 5 minutes
behind iti time. It was 20 minutes before the
train arrived I heard the expressions.
Elizabeth Ellmore said she lived near the pri-
soner's house, and saw him on the road about 60
yards from his house at one o'clock on the 30th of
April, and saw him go into his house. She saw
him pass Plant's house, but did not seo Plant. She
knew it was one o'clock because she heard the
clock strike.

Cross-examined—Was fetching water for some
one who was ill.

John Plant, the witness referred to by the last
witness, said he saw the prisoner pass his door on
the night in question, but he believed it was about
12 o'clock. The prisoner spoke to him, and stayed
talking till nearly two. Ho then went home.
( Hugh M'Crea, the 2uperint)nclent of police at
Bilston, took the prisoner into custody on the 24th
of May, and charged him with the murder. The
prisoner said he was innocent of that, and had
never spoken to her since she left him, and bad him
up about the wages. That was on the 3d of March.
The Bradley-bridge is about 260 yards from the 1
wharf, ten minutes' walk from the Holyhead-road,
and about 300 yards from the house where the
deceased lived. The canal is 6 or 7 feet deep a
short distance from the bank. The bottom of the
canal is red with the iron ore.
Cross-examined—There were appearances of re I
ores having been unloaded on the wharf. I have
known frequent accidents from people walking in
these fields at night. The lights are very dazzling.
During the assizes a man has walked into a canal a
quarter of a mile from this place and been drowned.
The coke-heath is 50 or 70 yards from the wharf.
The light makes it dangerous.
Re-examined—There would be no difficulty in
finding your way on a clear night.
Mts. Welton, recalled by the Judge, said the
deceased was keeping company with a young man
at Mr. Moon's, where she worked. The deceased
said he was at work that night, and she need not
be afraid of her going to him.
Martin Egan, the young man in question, was in
court, and, being called by the learned Judge, be
said he saw the deceased on the night of the 29th
of April, at 10 minutes before 6, but he did not see
her again that night.
Mr. Kettle, in addressing the jury for the pri-
soner, said that but for the evidence of the witness
Wall there was nothing to show that the deceased
had not met her death by accident. The learned
counsel then commented at some length on the
evidence given by that witness. He said it was his
duty to wander about at night among flickering
fire and strange sounds, and he suggested that,
having been himself the subject of blame, the wit-
ness had deluded himself so far as to make up the
strange story which he deposed. The story he
told was wholly unworthy of credit, and the learned
counsel called on the jury to disregard it altogether,
and to say the prisoner was not guilty.
_ _ _ _

Mr. Baron Martin, in summing up the evidence,
said the first question they would have to determine
was whether deceased was murdered at all, or whe-
ther sho was drowned by accident, as the surgeon
seemed to think. The case against the prisoner
rested entirely on the evidence of the witness Wall.
According to his statement the murthr was com-
mitted at about 20 minutes past twelve; but,
ac-
cording to the other evidence, the prisoner at that
time was at Plant's house, having left the Square
and Compasses at 11 o'clock. It was suggested
that Wall was under a delusion, but he (Mr. Baron
Martin) could see nothing iu his manner to sup-
port the suggestion. The jury, however, must say
whether they believed him, for it might be that
for some reason he had come to give false evidence.
The learned judge then read over the whole of
Wall's evidence, and that given by the other
witnesses, and left it to the jury to say whether,
under the circumstances, they could so far rely
upon Wall's statement as to find the prisoner guilty.
If they had any reasonab'e doubt, it would be their
duty to sly he was not guilty.
The jury almost immediately found the prisoner
Not Guilty, and he was discharged.