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he found the deceased dead in the wash-house, lying on her back, and the body in a putrified state; insomuch that it was impossible to ascertain whether there were marks of violence about her. Her pockets were turned inside out, and some tritling articles were lying by her; and on witness going over the house he found that the drawers, &c. had been ransacked. Witness opened the door, and let in a Mr. and Mrs. Humphries; and it was discovered that some bricks had been taken out of the wash-house, by which a person might unbolt the windowshutters, which he found fastened. Thomas Burgess, a corn-porter, who was at work with Maycock, was taken ill on a Thursday; and on the Friday he heard of the murder of Mrs. Pooley. He also knew the prisoner Pope, the Barleymow public-house, and that of the decea. sed. About two months before he heard of the murder, Maycock informed him, asthey were going to work, that he would put him into a good thing, if he would go with him to rob the house of an elderly lady, who had always money by her, and who lived alone, and kept her house shut up, and who could easily be done out of her property. The prisoner did not say where the house was, nor did witness inquire.-The prisoner described the man who was to go with them as a ware bargeman; but witness did not consent to be of the party. On hearing of the murder, and the house where it was committed answering the description of that described by Maycock, witness gave information before Mr. Gra. ham the magistrate, which led to the detection of the prisoners.

A body of evidence was here produced to prove that Maycock had

plenty of money after the murder of Mrs. Pooley, without having any visible means of getting it; and tradesmen proved having sold him various articles to some amount.

John Grey, at whose house Maycock lodged, proved his having been absent from Saturday evening to Sunday night, the morning of the day when the murder was supposed to have been committed, in company with Pope. On the return of the prisoner in the evening, he was particularly anxious to know if any one had enquired for him; and the wives of the two prisoners were waiting for him at that moment.

Mr. Graham, the magistrate, here produced a written confession made by the prisoner Pope, in his presence; he had never advised Pope so to do, but, on the contrary, had cautioned him against the measure. It appeared, that a proclamation had been issued by his majesty, offering a reward for the apprehension of the party concerned in the murder, and for the pardon of an accomplice who was not actually the person that inflicted death. This proclamation had been shewn to Pope by Mr. Graham ; and he afterwards confessed being one of the party in a letter to Mr. Graham, which also expressed a hope of his majesty's pardon.

Mr. Gurney submitted to the bench, on behalf of the prisoner Pope, that he was entitled to an acquittal by virtue of the proclamation, he having made a full confession. After a good deal of argument the learned counsel carried his point; and a verdict of acquittal was taken for Pope, who was afterwards put into the witness-box to give evidence against the prisoner Maycock. Here another point`

was

was argued on an objection taken by Mr. Lawes, counsel for Maycock, who contended that Pope was not a legal witness after having been indicted. His objection was over-ruled.

Pope stated, that Maycock advised him to assist him in robbing the house of Mrs. Pooley, and on the 9th of August the plan was put into execution. The following is the substance of Pope's testimony. They were drinking together at the Barley-mow on the evening of Saturday, the 8th, the back premises of which house are contiguous to those of the late Mrs. Pooley. At ten o'clock at night Pope began to pull out the bricks; and having succeeded, he unbolted the shutter, entered the house, and opened the door for his companion. They were prevented from getting further by the door of the wash-house being fastened, and they were until daylight attempting in vain to open it. They returned to a cellar and wait. ed till Mrs. Pooley came down. On her opening the door, which was fastened, Maycock met her, and the old lady cried "Oh!" This was at eight o'clock in the morning, and Maycock held her throat until she was strangled. They then rifled the drawers, &c. of the house and got 907, which they divided, and re. mained in the house until ten o'clock at night to prevent detection, at which hour they went out at the street-door. Maycock rifled the pockets of the deceased and took the keys therefrom. The jury without hesitation found the prisoner guilty; and the judge in passing sentence observed, it was a murder the most barbarous and cold-blooded he had ever heard or read of.

The prisoner was ordered for execution on Monday, and his body to be dissected. The prisoner often laughed during the trial; and sentence being passed on him, he observed on going from the dock, "Thank ye for that; I'm done snug enough."

William Duncan was indicted on a charge of the murder of William Chivers, esq. in the parish of Battersea.

The witnesses brought home the charge very strongly to the prisoner; who, when called upon for his defence, thus expressed himself:

"I beg leave to assure your lordship, that I never bore Mr. Chivers any malice whatever. On Saturday morning I had been employed in digging some ground; and with my spade in my hand I went to the green-house to give it some air, and there I left my spade. I then went for some refreshment, at 11 o'clock in the morning, as was usual; and on going into the kitchen I saw the footman, of whom I asked how long it was since Mr. Chivers went out. I then went into the garden, and to the green-house, into which I let a little more air. I then went with my spade in my hand and looked at a vine. I saw Mr. Chivers, told him that I had finished my digging, and said, I was sorry to have left so good a place as my last, and now to be turned off. A few words passed between Mr. Chivers and me; and the last expression he used when I had the spade in my hand was 'You scoundrel, I will break your skull.' He shook his cane over me; he made an attempt to strike at me, when I, turning aside, escaped; he again endeavoured to strike, and I avoided the blow. After this, he followed me up with his cane, and I

then

then had, as I before said, a spade in my hand. I raised the spade, and my surprise it struck him. "Immediately afterwards, I went into the grecu-house, with the full intention of taking away my own life, but I had not sufficient courage to do it. I then went into the kitchen, and called Henry, who said, "What is the matter?" and I replied, "Good Lord, I have struck my master, and he fell." I then went out towards Clapham, and the first persons I saw were a but. ler and a gardener. I went to the garden of Mr. Robert Thornton, and asked for Mr. Dixon. who is one of the gardeners. They said, he was cutting a vine, but they went to him, and Mr. Dixon sent me word that I might come to him. I asked if any body was with him, and they said "Yes." I then desired to speak to him alone. Mr. Dixon enquired if I had any thing particular to mention, and Itold him "Yes." The first words I said were," i have ruined myself." He enquired" What is the matter?" I said "I am afraid I have killed my master." He then said it was a dreadful thing, and that I had better go back and resign myself into the hands of justice. Upon this I observed to him, that if shorld be executed, I should be glad if he would write to Scotland, and inform my friends there that I had died suddenly. He said that he would, and I then came back towards Mr. Chivers's house, but my heart failed me. I turned again; but I had not gone far before I met a man, who said to me, "Are you Mr. Chivers's gardener?" He then told me I must go with him; and I replied, "with all my heart." He said that this was a very dreadful thing, and added, that he was very sorry for me; to which

I answered, "I am sorry also, but I am afraid that it is too late." After this I was taken to Wandsworth, where I underwent an examination. I was then committed to Horsemonger.lane, and from thence I have been brought here to take my trial."

The witnesses for the prisoner were then called to his character.

The chief baron, after stating the nature of the indictment, said, that the prisoner was accused of having murdered his master. He had given a detailed account of the transactions referred to in the evidence; and the jury would recollect, that in considering his narrative it was fair to allow what he said in his own favour, as well as what he said against himself. The question was this: whether there was a previous design in the breast of the prisoner to perpetrate the crime of murder; or whether, being threatened, provoked, or assaulted, he did this act from the passion of the moment? In the latter case, the crime in law was extremely different from that of wilful murder. It was not easy to suppose that there should be such a diabolical design formed in a short space of time. His lordship here entered into a general review of the facts in evidence, and then concluded: By the witnesses who have appeared on the part of the defend, ant, he seems to be, in their judgment, a very moral young man. You are to judge, if you think it was a deliberate intention; or if it were the ebullition of anger at the instant, under the circumstances of provocation stated. If the design sprung up on Wednesday, which was executed on Saturday, the offence will be murder; but if it were not previously formed, then there was no execution of such a deliberate

inten

intention, and he will be acquitted of the capital part of the charge. The jury, after having conferred for a considerable time, found the prisoner guilty of murder.

The prisoner, during the whole of the time, conducted himself with great composure. He was a tall athletic man, of respectable appearance.

21. At the Kingston assizes, Tho. mas Greenaway, aliàs William White, aliàs Weeping Billy, was tried on an indictment, charging him with the wilful murder of Elizabeth Winterflood, or Ann Webb, in Hig. Jer's lane, on the 22d of August last. [See Vol. XLVIII, p. 436.]

Mr. Morris opened the prosecu. tion, and he was followed on the same side by Mr. Gurney, who, in a humane speech, explained the na. ture of the evidence he had to offer in support of the case. The circumstances the learned counsel had to offer were the following: The pri soner had said he slept on the morning of the murder, where he should prove he had not slept; he was seen, about the time the murder had been committed, near the spot, and he then appeared confused. This lat ter circumstance would be proved by two witnesses. He had also denied his real name, and that he knew the deceased. The learned counsel concluded by recommending the jury to weigh well the facts he should adduce in evidence, and, at the same time, to carry in their minds the life of the prisoner, whose existence depended on their verdict. The first witness called was Todman, a watchman, who found the body of the deceased, with her head reclining against the step of the door of Mr. Gibbs's house, in Higler's lane, between two and three o'clock on the morning of the 22d of August. A waggon was being loaded

on Mr. Gibbs's premises, at twenty
minutes before two o'clock; witness
then saw a man standing at the head
of it, and on his asking his business
he went away.
Witness described
the deceased as lying with her gar-
ments stripped up to her arm-pits,
and he found articles of her apparel
lying in a cart which was tilted up.
A handkerchief, which was suppo-
sed to have been tied round the neck
of the deceased, sufficient to have
produced suffocation, had been cut,
and the knot left untied.

Mr. Gibbs, who heard his dogs bark at about a quarter before three o'clock, was then alarmed, and arose; and on the watchman calling three o'clock, he gave witness the alarm of the murder.

Mr. Prince, a surgeon, who examined the body, was of opinion that the deceased had been strangled by the handkerchief. He saw a piece of fleshy substance of the size of a small nut, which had been táken off a secret part of the body of the deceased by an instrument, to all appearance; and there must have been a good deal of violence used towards her, from the appear. ance of her neck, and other lacera. tions. On comparing the fleshy substance with that part of the body from which it had been taken, it corresponded with it.

Mary Horner, the principal wit. ness for the prosecution, who resi ded in Higler's lane, stated, that she went to the house of a neighbour between one and two o'clock on the morning that the murder was committed; and on her return (in about a quarter of an hour) she saw a woman sitting at Mr. Tucker's door in Higler's-lane, with her head reclining on her bosom, her left hand in her lap, and her right hanging by her side. On witness going

te

to her own house, which was only a few yards distant from where she had seen the woman, she saw the prisoner behind some railing which separates the foot-path from the horse-road; and on being rather alarmed, witness asked him if he was a watchman, he replied no; and with an oath, and apparently much agitated, he exclaimed that he want. ed a watchman.

On witness going into her house, the reflection of a candle in her passage gave her a full view of the face of the prisoner, and she could not mistake his person. He wore a shabby hat, a good deal turned up. She had seen the prisoner in Cold Bath-fields prison, and she knew his voice before she saw him, and afterwards recognized his features. On being cross-examined by Mr. Pooley, witness said she had heard of a reward of 100l. for the conviction of the prisoner, but she had never paid any attention to it.

Mr. Clark, who was spending the evening of Thursday, August 21, at the house of a friend in Walcot. place, Borough, saw a man stand. ing at the corner of Great Suffolk. street, as he (the witness) was going home. This was about half past one o'clock. The man (who, witness believed, was the prisoner, but he would not swear to it) appeared greatly distressed, insomuch that his knees knocked together, and his gestures were terrific. He had a bundle under his arm. Witness had picked out the prisoner, as the man he saw, from a number of others in Cold-Bath.fields prison.

Ann Prior, who resides in Mans. field-street, St. George's Fields, proved that the deceased, who lodg. ed at her house, was visited on a Sunday by the prisoner; and other

witnesses proved that he had known her.

Emily Huntingdon proved, that she saw the deceased on the morning of the murder, at one o'clock, standing near the Obelisk, which was about ten minutes walk from where the body was found.

Barnet Isaacs, a Jew salesman, with whom the prisoner had had dealings, proved, that after the murder, the prisoner had exchanged a shabby old hat for one of the witness's old ones, which was little better than his own; as he said he was going to a gentleman's house.

Hopwood, a patrole belonging to Bow-street, apprehended the prisoner on the 28th of September, and he found on him a razor: the prisoner gave his name Green, and said he never had known the deceased; other witnesses proved, that the de ceased knew the prisoner by the name of White.

Mr. Stafford, chief clerk of Bow. street, produced depositions of the prisoner, as taken before the magis. trate (Mr. Graham). These depositions were read, and the prisoner had denied ever having gone by the name of White. Ile also said he lodged at the White Horse, and slept there the night of the murder, with a man of the name of Hawkins. He said he barely knew Ann Webb.

Mrs. Brakewell, in whose house at Brixton Causeway the prisoner had formerly lodged, and where he stated in his depositions that he had slept on the night of the murder, with Hawkins, proved that she had shut her door against him on the Wednesday preceding the murder, in consequence of some words which had passed between them; and that he did not sleep there on the Thurs. day night preceding the Friday

morning

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