past and present
Murder of William Lilley
The Trial
22 December, 1865
At Leeds Town Hall, Thursday, before Mr. Justice Shee, David Booth (50), Labourer; William Sykes (38), Forgeman; Aaron Savage (35), Excavator; John Teale (35), Labourer; John Bentcliffe (29), Collier; and Henry Bone (35), Collier, were indicted for the wilful murder of Wm. Lilley, at Ravenfield, on the 10th of October. Robert Woodhouse, aged 40, Labourer, had been committed on the charge, but was admitted Queen's evidence. All the prisoners pleaded not guilty, Booth adding that he was guilty of being present, but not taking part in the murder. Mr. D. Seymour, Q.C. (specially retained), Mr. Middleton, and Mr. Blackburn conducted the prosecution; Mr. C. Foster defended Sykes, Bentcliffe, and Bone; Mr. Waddy and Mr. Skidmore appeared for Teale; and Mr. Yeatman for Savage. Booth had no counsel, but, at the request of his Lordship, Mr. Bruce undertook his defence.
Mr. Seymour, in opening the case, observed that the solemn charge into which the jury were about to inquire rendered it their peculiar duty to approach it with anxious care and considerate caution, and with a most determined resolution to allow no evidence which was offered against the prisoners to prevail against any one of them more than it legitimately ought. He would content himself by laying before them, as simply and clearly as he could, a general outline of the circumstances which led to that inquiry, and of the various heads of evidence by which he sought to bring home conviction to the prisoners.
The case arose out of one of those unfortunate night affrays which took place in this and other parts of the country, between those who were the appointed and lawful guardians, protectors, and watchers of game, and persons who gave themselves up to the practice of night poaching. Whatever might be said or suggested, during the progress of the case, as to the impolicy of the laws which protected game, they would approach its consideration guarded and guided rather by those higher considerations which were directed towards the security of the subject, according to which the life of a man employed lawfully in his occupation could not be sacrificed without the parties who caused his death being liable to a charge of murder. On the night of the 20th of October, about 8 o'clock, the deceased, accompanied by three others, Hawkins, Machin, and Butler, went to Silverwood, four or five miles from Rotherham, for the purpose of watching game. They were in the service of Messrs. Henry Jubb and others, who preserved the game in that locality. The watchers had no particular reason to anticipate the arrival of the poachers, but there had been a continuance of dry weather, and as rain had fallen during the day they thought it likely that the opportunity would be seized by men of this class to secure game. Accordingly, the deceased and his companions went to Silverwood, and sat down under a fence which adjoined and separated it from the large field in which the events about to be narrated subsequently occurred. They lay concealed for two hours, and about 10 o'clock, all being quite silent, they heard a noise as of a stick breaking, and then observed several men in the adjoining field. Three or four of them were engaged setting a net, and Lilley, the deceased, who appeared to have been the most active of the keepers, immediately exclaimed, "Now's our time," jumped across the fence, and proceeded in the direction of the men, who were eight or nine yards off, As he approached them he was struck by someone, either by a stick or stone, or by the hand. He was felled, and sank at once to the ground. Immediately two men, who were afterwards joined by a third, came up to where he lay, commenced beating him, and, guarding himself in vain, he received from his assailants no mercy. Butler, one of the watchers, was attacked about the same time by one or two others, and there could be no doubt that the prisoner Sykes was one of the men who struck Butler a severe blow. He cried out for mercy, but the injuries he had received prevented him doing anything towards assisting his comrades. After this, finding the other watchers powerless, Machin went for assistance, and, returning with two other persons, they found Lilley lying almost lifeless. He was placed in a cart and removed home. It was then seen that he had received eight wounds, several on the body and head. His skull was fractured in various places, and the injuries showed that he had been the victim of extreme and brutal violence. On the following day he died. The jury had now to approach the solemn duty of considering how far the prosecution were able to bring home to the prisoners, or to any of them, the responsibility as the authors of his death. As to the ability to identify the prisoners it would not extend very far, but he would be able clearly to prove that Teale was a foremost man at the time the blows were struck at Lilley. He was seen close by him, with a stick in his hand, in a threatening attitude and apparently intending to strike, and two of the keepers would prove that he was evidently taking a prominent part. It would also be shown that Sykes was there; he was seen in the field close to where Lilley lay, and was the man who struck Butler down. Then there was the evidence as to another man - Robert Woodhouse. That he was there, there could be no question whatever, and on behalf of the Crown, Woodhouse had been admitted approver against the other prisoners. The Learned Counsel said it was his intention to put Woodhouse in the box as a prominent witness. He knew all the prisoners, he had been companion for years of most of them, and had been engaged with them on other similar excursions. He would tell the jury that on this particular occasion he was addressed by Sykes in the afternoon, and that an arrangement was made that they should meet in Sykes’s house, that early in the evening they left Sykes’s house by the back door at Rotherham, and that the party set out for Silverwood. He would repeat to the jury a minute account of the course they took, where they turned out of the high road, where they took it again, and so on. It was extremely important that evidence should be given to confirm the general truthfulness of his statements, and he (Mr. Seymour) should be able to confirm him in a great many particulars, which would strengthen his evidence. He would give an account of the men who were with him, and as to that he would be confirmed as to each and all. The keepers would speak as to Woodhouse and two others; other witnesses would identify one or other of the prisoners at various portions of the night. Woodhouse would tell them the time they left Rotherham, and would be confirmed as to that. He would tell them that Booth had a dog, the keepers had a retriever, and the two dogs began fighting during the struggle. As the party went along they passed by a canal and the lock gates. Four of them went on one side and three on the other, and by independent testimony it would be proved that Woodhouse was one of them. By undoubted testimony, Teale would be proved to have been of the party that was going in the direction of Silverwood; that he did not return home until late, and let himself in by a latch key. A variety of circumstances, which in themselves, perhaps, were not important, would be proved, but which, as connected with Woodhouse's statements, would supply links in the chain of confirmation, and leave little doubt that he was the witness of truth. The morning after the occurrence, Woodhouse was arrested. He was at first discharged, but subsequently was again taken into custody. The other prisoners, some on the 31st of October, and Sykes on the 4th of November, were apprehended, all of them having left their homes. One was taken at Sheffield, another near Nottingham, and another at Wakefield. After their apprehension they all made statements, but The Learned Counsel said he considered it better that the jury should hear these statements from the witnesses. Booth admitted his presence, as he had done before the jury, but while trying to acquit himself he threw the suspicion of guilt upon others; and the jury must remember that this statement must be confined to its effect upon himself. Booth admitted he was there, and it would be for the jury to say whether he was there sharing in the common purpose of maiming and taking the life of the keepers, or simply for the purpose of engaging in poaching. If they were of opinion that these seven men went out for the purpose of unlawfully taking game, armed for the purpose of taking offensive steps against anyone who interfered with them - if they went out with this common object, then, although with regard to some two or three of the prisoners, he could not bring clearly home that they actually struck the fatal blow, yet, being close to the spot where Lilley fell, if there was a community of object the law held there was a community of guilt, and they were equally as guilty as the man who struck the blow which felled the deceased.
Robert Woodhouse, the approver, was the first witness called. He wore handcuffs, but his Lordship ordered them to be
removed. He stated: I am a labourer; formerly living in Westgate, Rotherham, with Mr. Hempsall, my brother-in-law.
I know all the prisoners at the bar. I have known Booth and Savage ten years, Sykes five years, and the other men about
six weeks before this affair happened. Those I have known longest have been companions of mine, and have worked for me.
The others have been companions during the six weeks referred to. I remember the 10th of October. I know the new road which
leads from Westgate to Bull Green, Masborough. There is a railway crossing the road. Between three and 4 o'clock on the
afternoon of the day in question, I was on that road along with Teale, Savage, and Booth. We were on the north side of the
bridge. While there we saw Police officer Fletcher. We went up the new road as far as the Post-office, at the top end of
Westgate.
The manner in which we got together was this -
I went about 2 o'clock to Sykes' house. John Teale came in whilst I was there. Sykes, who had been upstairs mending his
net, said we must be up at his house pretty early that night, as we had to go a longish journey. We stayed about half an
hour, and Teale left with me to go to David Booths, in New York, on the road from Sykes' house to the new road to which I
have referred. Booth was at home and Savage was with him. Whilst there we made four rabbit nets. It was from this house
that we went to the bridge I have referred to. When we got to the Post-office Teale went away with a man he knew, and the
rest of us went to the bottom of High Street, where we all separated to go to our own homes. About 6 o'clock I went
to Sykes's house, calling on the way at Booth's, where I found Savage. The latter went with me to Sykes's, where we were
joined by Teale, Booth, Bentcliffe, and Bone. The two latter had nets and one dog with them, and they left with me
about 7 o'clock. We all took a stick apiece. They were sticks for protecting ourselves; they were about 3 feet in length and were as thick as the stalk of a hay fork. We went across the little paddocks to Clough Road. We passed the Carr House Colliery, and saw there, three men. Bone said to Bentcliffe that he thought they had better turn back, as one of the men looked like a policeman in plain clothes. We then went on to Lord Fitzwilliam's carriage road, and got to a place called the first lock-house, where we waited until the others came up. When they joined us, they had their nets with them, and each of them carried a stick. Several sticks were here handed up to the witness, but he could only identify that carried by Bentcliffe.
His Lordship: ‘ Is your stick there?’
Witness: ‘ No, I threw it away.’
His Lordship: ‘Was yours the same size?’
Witness: ‘Yes it was a little larger, but not so heavy’
Examination resumed: We then went along Aldwarke Lane to Rawmarsh, where we all picked up some stones as large as a man’s fist. We next got to the Wear Bridge. I passed on the North side of the lock-house with Sykes and Bone, and the others went on the south side. A man came out of the lock-house as we passed. I cut my hand with some wire fencing just at that place, and muttered an oath as I passed the man.
His Lordship, addressing the jury, said: - Gentlemen, all this evidence may seem unimportant to you; but this witness is an accomplice; and unless what he says is corroborated in several particulars, it will be my duty to tell you not to believe him. It is, therefore, necessary to go into these details regarding the persons met on the road as the prisoners and this approver went to Silverwood.
Examination resumed. The man followed us, and when we joined each other at the first field past the lock-house, I told my comrades to hurry on, as we were followed. We went direct from the place to Silverwood. We set some nets on the first seed field we came to. That field adjoins the wood. Bone, Bentcliffe, Booth, Sykes, and Teale set the nets. Savage held his dog in a band. We commenced driving the field with a line, and caught three rabbits. We then went to a field on the north side of the wood. Bentcliffe put his net down at the side of the gate entering into the field, in one end of the field; Savage and I held the dog in the band, and the others went over into the field. Bone set his net, and just as he had got that done the word was given, “Hey up! They’re here." The meaning of these words was that we should all get together as soon as possible. The words were said by one person, and I thought I recognised the voice as Sykes's, but I could not swear to it. As soon as the word was given Bentcliffe got over the fence, and then Savage, and then me, and we all ran up to the place where the fray was going on. I saw a man laid on his belly, and Sykes, Teale, and Bone were "paying" him. I mean by that they were hitting him with sticks. The man who was down wore a dark coat. I did not know him then. Sykes stood between the man who was down and the wood; one on his right side and the other on the left side, Teale on the north side and Bone on the south side. Before we got onto the field Savage let go the dog, and it began to fight with a black retriever that came up. I saw three keepers - two up and one down. One of the keepers I now know to be called Machen. He ran down the field with Bentcliffe and me after him. We did not catch him, and when we came back I saw Savage and Sykes running Butler, another of the keepers, down the field. Butler either fell or was knocked down. I can't say who hit him when he was up; but most of us hit him when he was down. He said - "Don't pay me anymore, and I'll never come again!" Sykes hit him a heavy stroke over the head with his stick; the blow broke a bit off the stick, and I seized him by the shoulder saying - "For god's sake don't kill the man." I then went up to where the man was lying on the ground. I hit him on the side of the left leg, and he turned himself over on his right elbow. I saw blood on his face. We then all got together at the Gateshead to consider which way we should go home. Sykes said. "I hit him fair on the head with a big stone, and made it all soss again." Teale said he had got one of the b ...'s hairy caps in his pocket. Booth said, "Well, chaps, you should not have done so much at him as you have;" and Sykes replied, "I hope the b... will die." I said that I did not think any man could take all that punishment without killing him. We then went through the wood to the top of Dalton. We left the wood about 11 o'clock. We divided at Herringthorpe. I got home about 12. I had to knock my wife up before I got in. I told my wife to call my brother-in-law, Hempsall, up. I told him we had had a poaching affray at Silverwood. I was apprehended on the morning of the 11th, and released the same day. After I was discharged I went to Masborough, where I saw Teale. I asked him if he had heard anything of the affray, and he replied that he had not. I said that I had heard that the man at the wood was dead. I asked if he knew what they called the man who had got killed, and on him stating that he did not, I said they called him Lilley. He said, "If I had only known it was him I would not have left him while there was a drop of breath in him." On the following day I saw Booth, Teale, Sykes, and Bone. We were all at Sykes's house, and we went up to Kimberworth together. Heard them say that Teale's trousers were covered with blood, and that they had to scrape it off. I was again apprehended on a Monday night in the latter end of October. I was apprehended in Carlisle-street, Sheffield.
Cross-examined by Mr. Foster: When I was first taken by the police, I told them I had been in bed on the previous night. They searched the house and then let me go. My stick would have knocked a man down. I never was the captain of a gang of poachers. It is nine years since I gave over poaching; but during that time I have gone out once or twice with Sykes. I have had three months for poaching in Gainsbrough, Lincolnshire. I was once apprehended on suspicion of stealing pigeons. I have lived four months in my present lodgings. They were once searched by the police. I don't know what it was for, but it had nothing to do with this affair. We had two kinds of sticks with us. Sticks to set the nets with, and sticks to protect ourselves. I had stones in my pocket. It is true that before I went to pick up the nets I went and stood a bit beside the man who was lying on the ground. I never used my stick against that man, except when I struck him on the inside of the left leg. I struck him then to see whether he was moveable. He turned round and looked at me. The other men had gone on a few yards; and I was last beside Lilley.
Mr. Foster: It was your stick that gave him the last blow?
Witness: Yes, on the side of the left leg.
Mr. Foster: You say so. It was you who said that you did not think any man could stand so much punishment without being killed?
Witness: Yes; we could hear the strokes all over the field.
Foster: Did you ever make such a statement before?
Witness: Yes, I have; but I don't think I said so to the justices. I heard of the inquest being held on Lilley. I did not see a handbill offering a reward of £350 until I saw it in the police-office at Rotherham, and that was after I had made my statement. I do not know that this reward was made public on the day after the inquest. On the day before I was apprehended, I saw something about the reward in the Sheffield newspapers. The reward was £350; and it stated that Sir George grey would ask a pardon for the man who informed. This was on the day before my statement. In the same paper, I read some of the evidence taken before the coroner. I will not swear that I did not read the whole account. I don't recollect reading that the keeper said that they did not see sufficient of the poachers to identify them. I did not see the beginning of the affray. I cannot say whether the keepers had sticks; but stones were thrown by the keepers. When I was apprehended, I don't recollect saying to the officer, "It's a bad job; I was resolved to take care of myself; the guilty must suffer." I heard most of the evidence given before the Justices; but I had made my statement before that.
The witness was then cross-examined by Mr. Yeatman and Mr. Bruce as to the parts taken in the affray by their respective clients. In answer to questions by Mr. Bruce, the witness admitted that when before the Magistrates, he stated that after Sykes said he had hit Lilley over the head, Booth remarked that it was a shame to use the deceased in that manner.
Cross-examined by Mr. Waddy: I had made up my mind to make a full confession before I was apprehended. I said so to my brother James. I should say that he knew about the reward as well as I did. I told him about the reward, and also about the recommendation as to a free pardon.
Re-examined by Mr. Seymour: I made a detailed statement at the time I was apprehended. It was taken down in writing. I told the officer who apprehended me that I would tell the truth, and that the guilty would have to suffer. When I was first taken into custody the police searched my lodgings and asked me several questions before I was set at liberty. Bone and Bentcliffe were also apprehended and discharged. I had three stones in my pocket. I threw one after Machen as he was running off; and the other two I left in the field. The only blow I gave Lilley was a tap in the inside of his leg. No stones came from the keepers before Lilley was down. The place where I live is a registered dwelling-house, and when my rooms were searched the whole house was searched.
Mr. Seymour: Now you say you have been out poaching on previous occasions. Were any of the prisoners with you on those occasions?
Mr. Bruce: I object to this improper question.
His Lordship: I think you had better not put it. It is useless attempting to whitewash this man; he is a confirmed poacher.
Mr. Seymour: I am afraid it would be a hopeless task to whitewash him. Confirmation of his testimony is another thing; but I will not press the question.
Henry Machen: Gamekeeper, at Silverwood. On the evening of the 10th Oct. last, I went with Hawkins, Butler, and Lilley, to watch at Silverwood. We got there about 8 o'clock. We placed ourselves under a hedge, and about two hours afterwards we heard a voice, indicating the approach of someone. It was a still night, and the moon was just rising. We saw three men about a yard behind us drawing a net. They set the far end of the net not far from us, and in going back they passed about two yards to us. Lilley said, "This is our time," and sprung over the hedge. I followed him, and the poachers ran up the field, calling "Hey up, they're here." As Lilley was running up the field, a man came from the hedge side, and knocked him down with a stick. I ran up and struck at the man who had knocked Lilley down. That man was the prisoner Teale. After I struck at him, I was forced to run away. I saw another man stood near to Lilley, but I can't say who he was. Two or three men ran me down the field, about 200 yards, but I am not able to identify any of them. I got away and went to Ravenfield for assistance. I had a black retriever with me, and I saw a dog belonging to the poachers fighting with it. The fight between the dogs began just as Lilley was knocked down. I returned in about 20 minutes with assistance. We found Lilley lying on the ground. Mr. George Wildsmith of Ravenfield, was standing beside him. Lilley was lying very nearly in the same place as I had left him. We flung on him all the coats and rugs we had brought, and we went for a cart, with which we conveyed him to his own house. He was bleeding freely from wounds in his head. I was shown 11 persons in the lock-up at Rotherham about a fortnight after the affray. I identified John Teale, but no one else.
Cross-examined by Mr. Foster: All the gamekeepers had sticks. Mine was the regular walking stick which I always take with me. Lilley also had a walking stick. Lilley had his stick in his hand when he ran up to the poachers. [The stick carried by deceased was here produced. It was a large formidable looking weapon.] Witness stated that his stick was not as large as that one.
By Mr. Waddy: When Lilley jumped over the hedge he ran towards three men, and ran after them until he got knocked down. When before the coroner I was asked if I should know the man who had struck Lilley. My answer was that I could not say, but that I might perhaps be able to speak to him if I saw him. The coroner then asked me, "Do you know them at all," and I replied, "Well, I think I should be better able to speak to them if I saw them." The Coroner then said, "What do you mean by better; could you speak to them at all?" and I said, "I don't know, but I might if I were to see them." A juryman asked me whether the man who struck Lilley had a hat or a cap on; and I said, "Well, I will speak to him if I see him again." The Coroner said, "You must answer the question if you can." The juryman asked, "Did he appear to have a jacket on," and I gave the same answer again - "I think I should know him better if I saw him." I first saw the man at the Town Hall, Rotherham. There were eleven men, and they were in a narrow passage, I walked up and down the front of them 6 or 7 times. They then had their faces turned to the wall, and I walked up and down several times while they were in that position. Teale was the very end man of all, and he was the only man I identified.
Re-examined by Mr. Seymour: I was asked before the Coroner whether the man who struck Lilley had a hat or a cap on, and I stated that he had a low hat on. I was asked by a juryman what he wore, and I said he wore a jacket. I was asked what it was made of, and I said it was made of fustian. I was asked whether he was a tall or a short man, and I replied that he was tall. No stones were thrown by us, and nothing done, until Lilley was struck.
Wm. Butler: I am a labourer at Ravenfield, and was assisting in watching Mr. Jubb's preserves on the night of the murder. After confirming generally the evidence of the previous witness, he said: Lilley was knocked down before he had the opportunity of using any violence towards the men. When I got up, I was on Lilley's right hand side. There were two men near him when he fell. One of them was the prisoner Teale. He was standing holding his stick up in a threatening manner. A man four yards in front of me commenced throwing stones at me. I stopped one stone with my hand, and I met the man throwing stones. There were others behind me, and they paid (struck) me over the head with sticks, and I fell down at the feet of the man who had thrown stones. I got up and walked to where Lilley was lying, and was then knocked down again by some of the party with sticks. I got up again, and Lilley was still lying on the ground. Machin had gone down the field. I crept a little, and then rose to my feet. I had not gone far when I was met by two or three men, and was once more knocked down by them. I told them not to kill me, and I would not bother them anymore. One man pulled away another who was beating me on the head. The man so beating me was Sykes. I lay in the field insensible, and on recovering I walked down the field to the stile. I met Machin, and went with him for assistance. I was afterwards taken to the lock-up. I saw 11 men there, and picked out two, Teale and Sykes, whom I recognised at once.
By a Jurer: I don't know the man who pulled Sykes away. I did not see him well.
By Mr. Foster: I only saw two men near Lilley when he was knocked down. One of them I did not know. It was a nice moonlit night. When I was "paid" about the head, there were 10 or 11 men about me. I don't believe, I am sure, the man who struck me was Sykes.
By Mr. Yeatman: There might be more than 6 or 7. I thought there were 10 or 11 men, and I think so still. I went to Woodhouse's next morning with the police when he was taken into custody. I told them I could not recognise him.
By Mr. Bruce: I can't describe the man who protected me; I never saw his face.
By Mr. Waddy: I had never seen any of the prisoners before that night. I was able to describe how Teale was dressed. - Were you asked by a juryman at the inquest how the men were dressed? - I don't remember.
Re-examined: If the question had been asked I could have described the men. The two men I saw at Rotherham corresponded with those I saw in the field, both in dress and features. When the cry of "Hey up, lads, they're coming," and when Lilley was down, 5 or 6 other men came running up, and one of them followed Machin. John Hawkins, head keeper for Mr, Jubb and others, also gave confirmatory evidence. When he saw Lilley on the ground, three men were near him, one holding up a stick sufficiently neat to strike. Teale was the man who held up the stick. He heard a cry of "Help," and 3 or 4 men came up from the gates. They went within 6 or 7 yards of witness. Woodhouse was one of them. Lilley was down before Woodhouse came up. Witness was struck with a stone on the top of the head, as he was making towards Lilley. He was "sullied" for a time, and felt it for a day or two. Machin and Butler were making away, and Lilley was rising on to his knees, when he was knocked down again by a stick or stake. Witness made back into the woods, a distance of 14 or 15 yards. He turned round as he was retreating, and saw Machin running down the field and two or three men after him. When he got into the wood he heard the blows on Lilley going on.
The Judge: How do you know they were blows on Lilley?
Witness: By the sound.
The Judge: What kind of a sound was it?
Witness: Like the sound of blows over a man's jacket.
The Judge: Did you hear any cries? Witness: Not then.
Mr. Seymour: Did there appear from the sound to be more than one striking?
Witness: By the rapidity of the blows there appeared to be more than one. I afterwards identified Teale and Woodhouse in the Rotherham lock-up.
By Mr. Foster: I had a pistol. Lilley was down when Woodhouse first came in. He was present when Lilley was knocked down. I will swear Woodhouse did not strike the blow which felled Lilley a second time. He was 12 or 14 yards off, following Machin. When the men who raced Machin came back, I heard beating in the field where Lilley was. I could not see who the men were. Many gentlemen shoot over the grounds.
By Mr. Yeatman: We thought there were 10 or 12 poachers. Woodhouse made after Machin first of all.
By Mr. Waddy: The field Lilley was knocked down in belongs to Mr. Taylor. At the inquest on Lilley he might have said there were 3 or 4 on Lilley's right, 4 or 5 on his left, and several more behind. His impression was there were more. He told the Coroner that he did not think that he could recognise any of the poachers. He had known Teale for 16 or 19 years; but he did not recognise him when in the field. He did not know him by his name, but he took particular notice of him and knew that he could recognise him when he saw him again. He had never seen Woodhouse before that night. About an hour after the murder he saw a policeman; he was with him an hour talking over the affray; but he gave no particular description regarding any of the persons involved in it. He had some talk with the other keepers before they went before the coroner, but there was nothing said amongst them as to being careful not to commit themselves in the description of any of the poachers.
Re-examined: Witness stated that he had not seen Teale from March last until the night in question. He had no doubt as to the identity of Teale.
Henry John Knight, surgeon, Rotherham: I was called in to see Wm. Lilley, at his own home, about 2 o'clock in the morning of the 11th October. He was lying on his back in bed perfectly insensible. His breathing was not good. He was bleeding from his head, and the pupils of his eyes were fully dilated. I dressed his wounds, and stayed with him a couple of hours. I found a pulpy swelling over the left temple, a lacerated wound about half an inch in length behind the left ear; higher than this on the same side a contused and lacerated wound, star or cross shaped in form. On the top of the head I found two lacerated wounds, each about two inches in length; and also two lacerated wounds on the back of the head, a lacerated angular wound above the right ear, and a contused and lacerated wound on the right ear itself, dividing the cartilage of the ear. He was in a hopeless state. He appeared a strong and healthy man of about 40 years of age. I never saw him alive again. I made a post mortem examination on the following day. I found injuries internally corresponding with what I had seen externally. I found evidence of blood in the left temporal muscle, corresponding to the pulpy swelling I have before described. There was also blood in the whole of the muscles on the left side of the head. On removing the muscles I found 8 or 9 pieces of the skull cap had been driven in upon the brain; and in the outer membrane of the brain I found a rent about an inch in length, corresponding in position to the star shaped wound I mentioned before. Beneath the rent there was a layer of coagulated blood, on removing which I found the substance of the brain lacerated to about an inch in circumference. I then removed the brain and found a layer of coagulated blood on each side of the base. There were together 8 wounds and a swelling. Death was caused by pressure on the brain caused by the fracture and extravasation of blood. I have seen one or two of the sticks produced today. Such instruments as these would be likely to cause the wounds. Considerable violence must have been used. One or two of the wounds looked as if they had been caused by stones. I saw Dr. James Allen yesterday. He is confined to bed, and is too ill to attend this trial.
By Mr. Foster: I saw no other wounds on his body. If he had been struck with such violence on the side of the left knee as to cause him to roll over on his side, the blow must have left a bruise.
Robert Oxley, assistant clerk to the Magistrates at Rotherham, proved the statement made by Dr. Allen before the Magistrates.
Mr. Seymour proposed to put in the deposition of Dr. Allen.
Mr. Waddy objected to its reception on the ground that every sheet of it was not signed; and after some argument,
His Lordship reserved the point until this morning.
John Gillett, superintendent of police in Rotherham: At half past 12 on the night in question I went to Bone's house. He was not at home. I searched the house, and found a quantity of netting, pegs, and a gun. I have had all the prisoners in my custody. For the purpose of identification I placed them indiscriminately in one of the corridors, with 5 other prisoners I had in custody. I then brought in the keepers. I told the keepers not to speak; and after they had looked at them for some time they left the corridor. They then in turn communicated with me, and each pointed out the men whom they knew. They afterwards identified the men before the Magistrates. On Monday, the 31st, Woodhouse made a statement in full detail. On the evening of the 1st December Booth also made a statement, which was taken down in writing. He had no means of communicating with Woodhouse before making that statement. He made it freely. It was read out to Booth after it was written, and he said it was true.
By Mr. Bruce: I was sitting in my office about half past seven of the night in question, when my clerk came in and stated that Booth wanted to make a statement. I said, "Let him come here," and in a short time my clerk and Booth came up. My clerk said, "Booth wants to make a statement;" and Booth immediately began. I wrote it myself.
Elias Pilkington, clerk to the last witness: Booth's wife asked to see her husband, and Mr. Gillett granted her request. I went to the cell with her, and Booth said to me, "It’s only fair that the right man should suffer; it’s not right that I should suffer, who had nothing to do with it," and I said, "Stop; if you have anything to say you must say it to Mr. Gillett." I then took him to the superintendent's office, and he made a statement and signed it.
Superintendent Gillett recalled and examined by Mr. Bruce: I gave Booth no caution before he made his statement. I said nothing, but remarked that I would take it down in writing. Mr. Bruce thought that a statement made under these circumstances should not be received. He was afraid he had no authority on the subject.
His Lordship: I am afraid that the authorities are the other way. The statement will be evidence against Booth, who made it; but it will be evidence against none of the other prisoners.
Mr Seymour: I tender it only as evidence against Booth.
His Lordship said he would also reserve this point until the next morning.
Elias Pilkington was recalled. He said - I received from Woodhouse a description of a place where a stick had been broken. I went into a field a short distance from the canal leading to Aldwarke. I found that a stick had been broken out of a "binder." On the morning of the 31st October I apprehended Sykes at his house at Masborough. I charged him with murdering Lilley. The prisoner said - "It's a bad job." I searched his house and found two large field nets, two small gate nets, 22 small purse nets, 22 net pegs, a quantity of snare wire, and a ferret. On the same day I apprehended Teale, who made no reply. On the 13th of October Bone and Bentcliffe were at the police-station - not in custody. Bone said - “I went home a little before 9 o'clock on Tuesday night by myself. No one went with me; my wife was in the house. Bentcliffe was in bed. I left home about 7 o'clock, and left Bentcliffe in the house. I came down to Masborough with George Fuller. I left him between 7 and 8 o'clock and went round by Salter's row home, and never spoke to anyone that I know of after I left Fuller. I went to bed a little before 10 o'clock; I had two nets - one is mine and the other is Bentcliffe's. I have a gun dog; they are mine. All the tackle for poaching is mine, except one net. I worked at Pilley Green; I am out of work; I worked at West Melton last. I left there about six weeks ago, and have not worked since. My wife brings nothing in. I had no wages last week; I live as I can. I never was at Ravenfield or Silverwood in my life. Bentcliffe has been working today; Bentcliffe and I had our drinkings together." Bentcliffe said, "I was at my lodgings on Tuesday night. I went home about drinking time, and never went out anymore. I went to be a little before 9 o'clock. There was Bone and my wife in. I went to bed and left Bone and my wife in the house. Bone went home from Rotherham with me. No one came into the house that night. I am a collier and work at Rawmarsh. I worked five days after Melton feast. My native place is Thorpe Hesley. I never saw anyone that night, yon net is mine. I bought some of it at Castleford and some at Leeds. I don't know either Ravenfield or Silverwood. I never was there that I know of. I was not there on Tuesday; I was down at the doctor's. It is five or six weeks since I had any pay." I also went to Bone's on the 13th of October, and saw some netting and a dog. That dog is here. On the 6th of November I went to Nottingham and received into custody Savage. In answer to the charge he said, "I know nothing about it; I never was at the place in my life, nor do I know any of the men you have mentioned." I had a description from Woodhouse of a place where some stones had been thrown away. It was in Mr. Aldred's fields at Herringthorpe, and in that field I found two stones, which I now produce. I found them at the place where Woodhouse stated he had emptied his pockets.
The case was then adjourned. continued »