JOHN VAUGHAN.
4th February 1856
Reference Numbert18560204-292
VerdictNot Guilty > unknown

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292. JOHN VAUGHAN was again indicted for feloniously inserting a false entry in the register of burials of St. Matthew, Brixton, relating to the burial of William Raven.

MR. SERJEANT WILKINS with MESSRS. CLARKSON and CLERK conducted

the Prosecution.

MARY BULLEN . I live in South-street, Stockwell. I knew Mr. Raven, in his life time—he resided in Stock well-grove—I was present at his death—I

do not exactly know the date, he died in Stock well-grove, at his house there; it was in Sept, 1854—I attended his funeral at Brixton Church—a child of his had died six weeks before, and was buried at Brixton Church—I was present at the death of that child; it died at my house, not in Stock-well-grove—I had the care of it, in South-street, Stockwell, but it was buried from the Grove; it was taken from my house to the parents' house, and buried from there—I went to Mr. Bolt's, of Russell-grove, the registrar for the Kennington district, and registered Mr. Raven's death, and the child's also—I got a certificate from Mr. Bolt—I delivered it to Jane Miller, a sister of Mrs. Raven's—she was in her own house at the time, White Cottage, Love-lane—Mr. Haydon was the undertaker.

JANE MILLER . I am the sister of Mrs. Raven. I recollect the death of her husband, in Sept. 1854—after his death Mrs. Bullen gave me the undertaker's certificate—I gave instructions with regard to Mr. Raven's funeral, to Mr. Frederick Haydon, of Stockwell-green; he had buried a child of Mr. Raven's about six weeks before—Mr. Raven died on the Saturday, and I sent for Mr. Haydon, and gave him instructions on that same day—Mr. Raven died of cholera—Haydon afterwards saw me and made a communication to me on the Tuesday morning—I was anxiously waiting to know if my brother in law could be buried—I gave him the certificate of Mr. Raven's death on the Monday evening—I saw him again next morning at 9 o'clock—I did not see him again until he came to bury Mr. Raven, at 3 o'clock in the afternoon—he spoke to me about an interview that he had had with Dr. Vaughan on the Tuesday; that was when he came to tell me that the funeral might take place—he told me about an interview that he had had with Dr. Vaughan—he told me what had passed between him and Dr. Vaughan; that was before the funeral—I was present at the funeral—Mr. Eastman, the curate, performed the service—the funeral was at St. Matthew's Brixton—I did not see any entries made at the time of the funeral—I afterwards paid the undertaker the amount of his bill, and I have the bill in my pocket (producing it)—I paid him 1l. 15s., I think, for the interment.

THOMAS WILLIAM BOLT . I am registrar of deaths for the second part of the Kennington district I know Stockwell-grove—that is within the second part of the Kennington district—on 18th Sept, 1854, I registered the death of Mr. Raven, and gave a certificate for the undertaker for the interment of the body, signed by me—this book is in my handwriting—it is what I took down at the time—(Notice to produce the certificate was admitted.)

Cross-examined by MR. ATTORNEY GENERAL. Q. I suppose you gave a certificate in the form in the schedule of the Act of Parliament? A. Yes; it is supplied for us by the Registrar General—one part of Robert-street is in my district; it is partly in my district, and partly in the Brixton district.

MR. SERJEANT WILKJNS. Q. But no part of Stockwell-grove is in the Brixton district, is it? A. No.

FREDERICK HAYDON . I am an undertaker and builder, carrying on business at Stockwell I knew William Raven, who died in Stockwell-grove, on 16th Sept., 1854; I was employed as the undertaker to bury him—I had buried a child of his some weeks before at St. Matthew's Church, Brixton—I paid the double fees on that occasion—in the case of Mr. Raven I received the undertaker's certificate from Mrs. Jane Miller—I gave it to Dr. Vaughan—I first of all applied to Malby, the sexton, and in consequence of what he said, I went to Dr. Vaughan on the following morning.

COURT. Q. When was it you applied to Malby, the sexton? A. On

18th Sept., in the evening; and I went next day in consequence of what he said to Dr. Vaughan.

MR. SERJEANT WILKINS. Q. Was that at the parsonage on Tulsehill? A. Yes; it was in the morning, between half past 8 and 9 o'clock—Malby, the sexton, opened the door to me at the Doctor's—I did not know anything at all of the household of Dr. Vaughan—I knew Dr. Vaughan—I did not go into the house, I stood under the porch at the door—Malby fetched the Doctor to me, and I told him that I had come respecting the burial of Raven, and I handed him the certificate—he said he could not take the funeral as it was out of the district—I told him it was the wish of the friends of the deceased that he should be buried there, as his child had been buried a few weeks previous—he said that the Churchwardens had made a piece of work about taking burials out of the district, and if he took it he must take double fees—with that I handed him two sovereigns—the Doctor had got the certificate in his hand at this time—he went in and wrote me a receipt for the money, and gave me the change, 5s.

COURT. Q. Have you got the receipt? A. No; I have not—he gave it to me—he gave me 5s. change and the receipt.

MR. SERJEANT WILKINS. Q. When he gave you the receipt, did he say Anything? A. He told me that if any one should ask me where the funeral came from I was to tell a lie, and say Robert-street—that was when he gave me the receipt—he said it in those words, "You are to tell a lie"—I told him where the body came from—I named Stockwellgrove.

COURT. Q. Repeat the words as you told him, you told him what? A. I told him that I had come respecting the funeral of Raven, and he told me it was out of the district, Dr. Vaughan did—I told him it was the wish of the parents—that was all that passed—there was nothing more passed between him and me.

MR. SERJEANT WILKINS. Q. Just relate what you said to him, as nearly as you can, about Raven? A. When I first applied to him, he refused to take it, on account of its being out of the district—he knew it was out of the district by looking at the certificate—I do not know what has become of the receipt—it is a general thing when we have a receipt and the money is paid for the bill, to give them up to the parties who employ us—I do not know whether I gave it up to them or not, but I cannot find the receipt anywhere at home, therefore I expect it has been destroyed—I suppose so because, at the expiration of the year, such things as invoices and these receipts of that description we do not take any account of, they are generally perhaps burnt; I mean invoices that we have with goods, and so on, that have been compared with the bills.

COURT. Q. But receipts, that is the question; do you usually destroy your receipts at the end of the year? A. Not all receipts, only receipts such as these, where I know they cannot be called on again to pay, because they will not allow us to bury unless we pay the money first.

MR. SERJEANT WILKINS. Q. This case happened as long ago as Sept., 1854? A. Yes; I have mentioned it repeatedly—I cannot say exactly when I first mentioned it—as soon as I returned from Dr. Vaughan's house, I went into my own house, and as soon as I came home I communicated it to my wife; and then I went direct up into my shop, and told my men what the Doctor had told me—I mentioned it on that day—I mentioned it to Mrs. Miller on the same morning, directly I returned from Dr. Vaughan's—during the time I was conversing with Dr. Vaughan, he held the certificate in his hand—I left it with him.

Cross-examined by MR. ATTORNEY-GENERAL. Q. You say you knew Dr. Vaughan, had you ever spoken to him before that time? A. Yes, at the funerals, that is all; when I have been conducting funerals.

MR. SERJEANT WILKINS. Q. During the time that you were talking to Dr. Vaughan, did any one come to the door? A. A boy came to the door, with something in a basket—I rather think it was poultry, I do not exactly remember—Dr. Vaughan himself took the basket in.

MR. ATTORNEY-GENERAL. Q. Had you ever been to the Doctor's house before this occasion? A. Never—I have never spoken to him otherwise than upon occasions when I have been conducting funerals there—Mr. Eastman generally officiates at funerals—I do not remember ever speaking to the Doctor above once—I saw Malby on the Monday, and he referred me to the Doctor—it was not arranged that I and Malby should meet next morning at the Doctor's—I am confident of that—I told the Doctor I had come respecting the burial of Raven—the Doctor told me it was out of the district—I told him Raven lived in the Grove, at Stockwell; I believe so, to the best of my belief I did—I cannot say whether I did say so, I do not know for positive whether I told the Doctor where he came from or not; I told him I had buried the child.

COURT. Q. But you have been twice asked what conversation passed—you said he looked at the certificate and said it was out of the district; then you said he would know from the certificate that it was out of the district? A. Yes, I do not recollect whether I did say, I do not believe I did say that it was out of the district myself, or where it came from—I do not know that I told him it came from Stockwellgrove.

MR. ATTORNEY-GENERAL. Q. Did you or not tell the Doctor so? A. Not to my belief—I do not believe I told the Doctor that it came from Stockwell-grove—I do not recollect—I do not believe I told him so—I do not recollect that I did—I am not aware that I said a moment ago, that to the best of my recollection I did—the Doctor's expression was, that the churchwardens had made a piece of work about his taking burials out of the district, and that if he took it he must take double fees—I believe double fees were always paid for funerals out of the district, I know that—I have conducted funerals there from the district—we do not always pay the ground fees ourselves—I know that on all occasions for out burials double fees were paid—they made a piece of work on account of taking any more out of the district—they were not allowed to take any more—he told me that the churchwardens had made a row, and therefore if he took any more he must take double fees—he went in and wrote the receipt—he went into a little room on one side—I was at the front door, the street door, it opens into a passage, and just on the right hand side is a door opening into a little room, the Doctor's study—that was where he went in—I could not see into that room—he was not in there I should think more than two minutes at the outside, time enough to write the receipt—I should think it was quite time to write the receipt, plenty—he brought it out to me—I did not perceive that it was at all wet—it did not appear to me to be wet—it appeared as if it had just that minute been written—I do not know that it was wet, it might have been rubbed off with blotting paper—I did not perceive that it was wet—it was at the time that he handed me the receipt that he said, "Mind, if any body asks you where it comes from, you must tell a lie and say Robert-street"—that struck me as rather remarkable, coming from a clergyman and a gentleman—I did not take particular care of the receipt that was given to me under such remarkable circumstances—I have no doubt that I preserved the receipt, it might

have been for some months afterwards—I did not destroy the receipt—we generally give them up to the parties of whom we have to make the claim—I cannot swear whether I did so in this instance—to the best of my belief, I do not know whether I did or not—I cannot swear positive to anything, whether I gave it up or not, I cannot say—my impression is, that if it is not produced now, I could not have given it up—I do not believe I did give it up—I expect it has been destroyed and burnt—I told the Magistrate I expected it had been burnt—I believe it might have been burnt along with other things at Christmas time—I believed I had burnt it—I do not know that I swore it—I supposed that I burnt it with other things—I do not know that I said positively that I did burn it—I will not swear that I did not—the question put to me was, "What did you do with the receipt?"—I said I believed it was burnt—I was not asked, "The receipt you have lost, have you?" nor did I answer, "I burnt it after a time"—(MR. JUSTICE WIGHTMAN was of opinion, that if the cross-examination was at to what the witness stated before the Magistrate, the depositions must be first put in. The ATTORNEY-GENERAL submitted, that he was only compelled to adopt that course if he intended to contradict the witness by the depositions; he was not now cross-examining upon the depositions, but upon the short hand writer's notes. MR. JUSTICE WIGHTMAN considered, that if the object was to elicit what was said before the Magistrate, and what was taken down, the depositions must be put in, otherwise the rule upon that subject might always be evaded)—I did not burn that document, that I am aware of—I might have done so along with other things, but I am not aware that I did.

Q. When did you see Malby next after this? A. I saw Malby as I came down the hill from Dr. Vaughan's, he was in the churchyard, that same morning—no conversation passed between me and Malby on the subject of the Doctor having told me to tell a lie—I did not make any remark to him—I cannot say how many of these out district funerals I have had at St. Matthew's, Brixton—I might perhaps have had ten or twelve, or more than that—I did not go to any of these meetings, I evaded them all—I was sent for to attend the meetings, but I did not wish to have my name brought in question—I wished to have nothing at all to do with the affair whatever—I am sure that Malby let me in, I am positive of it—I cannot say now whether I rang or knocked at the door—I do not know Dr. Vaughan's maid servant—I did not see a maid servant—I saw no members of the family, no one but Malby and the Doctor himself—this was from half past 8 till 9 o'clock, between those times—that was the only occasion that I ever went to the Doctor's house at all—the Doctor's maid servant did not open the door to me and let me in, I swear that—neither of the Doctor's daughters were in the hall, or passage, at the time I was speaking to the Doctor—no one whatever was present but me and the Doctor, nobody but the boy with a basket—that was the only person I saw at the Doctor's house—I do not know who that boy was.

MR. SERJEANT WILKINS. Q. How long have you been an undertaker? A. Five years last Oct.—I have superintended a great many burials at Brixton altogether—in all cases of single fees, I have always consulted Malby, the sexton, or the old sexton previous to him—this injunction on the part of Dr. Vaughan to tell a lie, struck me as something remarkable, that was why I was induced to mention it to my wife and my man—at the time I mentioned it to Mrs. Miller, and the other parties, nothing whatever had been said about any prosecution of Dr. Vaughan, or anything connected with it.

Q. How was it that you were called upon to give evidence, or who called upon you? A. Mr. Eastman, I believe, to the best of my knowledge, was the first person that called upon me—afterwards some of the churchwardens called on me—I then stated to them what had transpired—I also carry on business as a builder—I have been a builder five years last Oct.—I have never taken any part in any proceedings against Dr. Vaughan.

GEORGE MALBY . I am the sexton of Brixton Church. I was so in the year 1854—in the month of Sept. in that year there were a good many deaths from cholera in that district—there were a good many funerals taking place at that time in the churchyard at Brixton—I do not know how many there were in the month of Sept, there were a great number, I cannot say exactly—the late Mr. Thorogood was churchwarden at the time, and he wished for none to be taken out of the district, as the deaths were go numerous—he gave that direction as the deaths were so numerous—in the month of Sept. I remember seeing Mr. Frederick Haydon with regard to the funeral of a person of the name of Raven—Mr. Haydon came to me on the night before the funeral—I do not remember the day of the week, it was the latter end of the week, I do not remember exactly—he came about the interment of Mr. Raven, of Stockwell-grove—I had not known Mr. Raven particularly in his life time—I knew him personally, and knew where he lived—I refused to take the intermept without the Doctor's consent, and 1 went up to the Doctor the next morning and mentioned to the Doctor that Mr. Haydon, the undertaker, had got a man of the name of Raven that wished to be buried at Brixton Church—in a very short time Mr. Haydon came up himself, and the Doctor refused to take it—the Doctor was in his study at his residence at the time Haydon came up—I was in the study at the same time—I was very often at the house—I sometimes assisted there as waiter—I was not waiting there that morning—I acted as waiter when they had dinners there, and this morning I was with the Doctor in his study—at the time Haydon came the Doctor was in his study—I let Haydon in—the house door was closed—I went to open the door, because we saw Mr. Haydon coming up the hill—the conversation took place outside, on the front door steps of the Doctor's residence—the Doctor came to the front door—Mr. Haydon said he wanted the interment to take place at Brixton Church of a man of the name of Raven, in the Kennington district—the Doctor made answer, and said he could not take it at single fees, but he would take it at double fees—then Mr. Haydon paid the Doctor, and the Doctor made answer, and said, "If any one should ask where the funeral came from, or what fees were paid, tell a lie, and say Robert-street"—that was all that passed—I was at the funeral as sexton, Mr. Eastman performed the service.

Cross-examined by MR. ATTORNEY-GENERAL. Q. That was all that passed, was it, between the Doctor and Mr. Haydon? A. Yes, the whole—it all took place at the front door—the Doctor stood at the front door all the while, there was not any one in the study besides—I went up there first that morning—I was examined twice before Mr. Elliott about this matter of Raven's—in the first place before granting the summons or warrant, and afterwards upon the hearing, when the Doctor was given into custody—I stated in the first instance that I went up with Haydon to the Doctor's—I think Mr. Haydon was examined on the first occasion—when Dr. Vaughan was charged before Mr. Elliott, Haydon was examined first, and then me—I did not hear Haydon examined, I was not in the court—when I went first before Mr. Elliott, I stated that I and Haydon went up to Dr.

Vaughan's together, and rang at the bell, and were let in by the servant—the second time I went before Mr. Elliott, I said that I went up first and let Haydon in—my going first to the Doctor's was correct—when I said that I had gone with Haydon, I did not recollect at the time—I did not say before Mr. Elliott the first time, that I met Haydon by arrangement, and went with him to the Doctor's—I think I did not—I stated that I and Haydon went together, and either rang, or knocked at the door, and the servant let us in—and on the second occasion, I stated that I had gone up first, and that I let Haydon in—I did go up first—I do not recollect who let me in that morning, when I got to the Doctor's—I know the servant Smith, very well—I do not recollect who let me in—I think I stated so at Lambeth—Haydon and I did not go up there together, I am quite sure—I was let in to the Doctor in his study—the study opens into the hall almost close to the street door—it is a small room—any body in that room could hear very well what was taking place in the passage—except in the winter time, the study door is kept open by a weight, the room being small—the Doctor came out of the study and stood at the front door talking to Haydon, in my presence, and never moved from the door until he returned to the library again, not till the whole thing was over, and then he went back to the library as far as I can remember, I think he did not come out again—I did not expect Haydon there that morning—we bad made no arrangement, but from the library window you can see any one coming—I did not expect him to come—I cannot say what I went up to see the Doctor about that morning—it might be about some funerals—I do not recollect particularly what it was—I did not know that Haydon was coming there that morning—we had made no arrangement whatever—I do not recollect at all whether he was coming there, that morning—I do not recollect whether I knew that he was coining—Haydon and I have not talked about this matter frequently since.

Q. Do you mean to say that before Haydon was examined as a witness, you and he had had no conversation on this subject? A. At the police court only, we met coming up from Brixton—we did not come to the police court together, part of the way we did—we did not converse about anything particular on this subject—of course it was a very serious case, that was all that passed—I will swear that there was no conversation about the details.

Q. There was one question I wanted to ask you, as to the usual practice of the Doctor and you, in all cases in which receipts were given, was it not you, the sexton, who gave the receipts? A. The receipts for the interments? yes, I did so, except in vault funerals—in all other cases, it is notified at the bottom of the paper which is given to the undertaker that the burial fees are to be paid to the sexton, and the sexton gives the receipt for them—I remember the funeral of Raven taking place—I do not recollect that I was present when the entry was made in the rough book about Raven's funeral.

Q. I ask you whether you did not, yourself, give Dr. Vaughan the name of Robert-street, as the last place of abode of the deceased man? A. I do not recollect any thing of it at all.

Q. On your oath, did not you, in the presence of Mr. Joseph Vaughan, give the Doctor the place of abode of the deceased, Raven, to be entered in the rough book as of Robert-street? A. No, Sir—not to my knowledge, I did not—I can swear I did not—I will swear it—I do swear it—I did not.

Q. What enables you to recollect now, when two minutes ago you said you could not recollect? A. I do not recollect anything of it at all, I mean respecting the certificate—as the Doctor took the funeral, therefore I am quite sure nothing passed—I have no recollection of the entry being made at all—I did not give him the name of Robert-street, because the certificate was given to the Doctor—I do not know anything about whether the certicate contained the name of Robert-street—part of Robert-street is in our district, and part of it is out of it—the certificate would not show the name of Robert-street at all—it is Kennington district—I will undertake to swear that I did not give the Doctor the name of Robert-street—I have no recollection on the subject of the entry being made at all—it was sometimes the habit of the Doctor to make the entries twice a week, on the two days that he performed divine service at the Church—he used to go into the vestry, and then make these entries—when we had burials with certificates that did not describe the last place of abode of the deceased, I furnished the Doctor with the information—on the day I was at the Doctor's with Haydon, I did not, to my recollection, see the servant—I do not remember seeing any—I will swear she was not in the hall when I and Haydon were talking to the Doctor, not in my sight—I did not see her—I did not see either of the daughters.

MR. SERJEANT WILKINS. Q. How long had you been at Dr. Vaughan's on the morning when Haydon came? A. About five or ten minutes, I think, as near as I could judge—there is a window in the room in which I was with the Doctor, from which you can see any person coming towards the house—you can only see to the gate—that is about the length of this Court from the house—I let Haydon in—in the first instance, when I was before Mr. Elliott, I stated that I went with Haydon—I think I came away alone—that was after Haydon left—he left first from the Doctor's—I did not see the money paid—I heard it paid—I did not see it paid—it was paid—I heard it paid into the Doctor's hand—the Doctor took the money at the front door—I heard it ring—I cannot tell what he did with it—he brought it into the study—I do not know what he did when he took it into the study—I do not recollect anything that passed when he brought it into the study—the interment was taken—my memory is a blank about that—I do not recollect anything further that occurred—I have only a distinct recollection of what I have stated—I had no occasion to apply to Dr. Vaughan at all when it was an ordinary funeral—if a person comes to me about a funeral of a parishioner in the ordinary way, I take the whole business upon myself—I have referred to the Doctor on many other occasions about funerals out of the district—it was a general thing, out of the district, but not in the district—I generally referred to the Doctor if a funeral was out of the district—sometimes the undertaker, generally myself, went to the Doctor—I generally consulted the Doctor myself—sometimes the undertaker used to go to him—that was seldom.

EDMUND HODSON . I am a law book auctioneer, of Fleet-street, and live at Brixton-hill, in the district of St. Matthew. In 1844 and 1845 I was senior churchwarden of the district Church, churchwarden of the incumbent—I know of no interference on the part of the churchwardens with the funerals or interments that took place; there were three applications to me, sent by the request, I suppose, of the incumbent—I said, "I do not know why this is put to me"—there are more letters, I do not know whether they refer to this point or not—I find in the rough book of Sept, 1854, this entry of the funeral of Raven, "William Raven, Robert-street, 33, 3 G. E, 6s."

—I have seen Dr. Vaughan's writing frequently, and had letters of his in my possession; but I do not know whether this is his writing, but I believe it is—I was staying at Dover, with my family, the whole of the month of Sept, 1854, but I had occasion to come up to town sometimes—in the course of that time I received complaints on the subject of these out district funerals—this (produced) is a copy of my letter to Dr. Vaughan, in consequence of those complaints, and this (produced) is the answer I received from him—certain portions of the burial fees for those out of the district, as well as those who are in, are paid to the churchwardens—it was the habit of the Doctor to settle every two or three months with me and my brother churchwarden—such portions as came to us, together with pew rents, which came into our hands, were appropriated to any repairs—we did not get them—we had no control over the vestry books, but had access to see them if it became necessary—we had nothing to do with the conduct of the funerals in the churchyard—I have no recollection of any application being made to me on the subject of the funeral of Mr. Raven, in 1854—in this rough book, which I believe to be the writing of Dr. Vaughan, the 6s. is the single fee—Dr. Vaughan accounted with me in respect, among other items of other burials, for this fee of 6s. in the case of Raven, and only for 6s.

REV. GEORGE EASTMAN . Here is an entry in this book, on 19th Sept, of "William Raven, Robert-street, 33, 3rd ground, G. E., 6s., "the whole of which is in Dr. Vaughan's writing—"G. E." are my initials, and are in Dr. Vaughan's writing—by my initials I know that I performed the funeral, but there were so many funerals that I cannot recollect one from the other—the initials were not put by me, but by the Doctor.

Cross-examined by MR. BALLANTINE. Q. If you look at the book, the three or four preceding entries are the same, initialized by the Doctor? A. Yes—I cannot say whether that would be by the direction of the sexton, two or three days after—I performed the funerals—the Doctor would not be present at the performance of the funerals, but the sexton would.

Q. The only means of the Doctor knowing it, would be by the sexton? A. Not being present, I cannot say—the certificate is another means, but that would not show that I had buried the party—there was no other curate but me at that time—I did not send for Haydon to give evidence against Dr. Vaughan at the police court—I swear that.

MR. CLARKSON. Q. Do you produce the burial register of Mr. Raven? A. This is it—I met Mai by one morning just by Haydon's house, and in consequence of what he said I went into Haydon's house, but I did not leave home with the intention of calling on Haydon—that was the only conversation I have had with Haydon about this—it was as soon as circumstances were first transpiring in the parish—I had not at that time heard from the churchwardens what was suggested in regard to this case—this entry of the burial is in the Doctor's writing (reading it): "William Raven, Robert-street, 19th Sept, 1854, thirty-three years. George Eastman ")—the "George Eastman "is in Dr. Vaughan's writing—by the rough book (looking at it) there were, I think, about sixty-two interments in September, 1854—I cannot exactly tell you, from the statement in Dr. Vaughan's writing, how many of those were burials out of the district, because some words are ambiguous—Stockwell might be in Brixton or in Kennington—I do not see an entry in this rough book in Dr. Vaughan's writing, which is beyond all question out of the district.

MR. SERJEANT WILKINS. Q. Just hand it to me; look at "Hannah

Franklyn," and tell me in whose writing it is, and whose figures they are? A. "Hannah Franklyn" is in my writing, the figures are Dr. Vaughan's—the entry is, "Hannah Franklyn, Kennington, twenty-five years. G. E. 6s."—according to the ordinary rules, the sum charged for Kennington should be 12s.—here is also, "Sept. 10, William Death, Clapham," my initials, and "6s."—I think I may state positively that no part of Clapham is within the district parish—the next entry is, "11th Sept., James Norval, sixteen years," my initials, and "6s."—the word "Kennington "is erased, and "Brixton "placed over it, in Dr. Vaughan's writing.

MR. ATTORNEY-GENERAL. Q. A scratch through with a pen? A. Yes, and "Brixton" written over it—my entry is scratched through, I do not know by whom, but Dr. Vaughan's writing is over it—on 15th Sept. here is "Elizabeth Ashley, Kennington, sixty-five, G. E., 16s.," and on 16th Sept, "Helen Maria Livingstone, Walworth. G. E. 6s."

Q. What would the 16s. mean? A. It was in the second ground, but I do not at this moment remember whether it is single or double fees—they are higher in the second ground—I do not see any other decisive case.

COURT. Q. Then how many have you made? A. Five—I think they are in my writing chiefly, but the figures are all in Dr. Vanghan's writing.

(The letters were here read, as follows: "Dear Sir—13th Sept, 1854—I have been requested by several of the inhabitants who are located near Brixton Church to call your attention to the circumstance of a number of funerals taking place there of persons who were not resident in the district, and to in quire whether any plan can be resorted to that may tend to allay their alarm at this period. Signed, Edward Hodgson." "Sept. 14th, 1854. Dear Sir,—I am truly sorry that you should have been requested by several of the inhabitants who are located near to Brixton Church to call my attention to the interment of considerable numbers of persons who are not resident in the district. In reply, I beg to say that if, instead of disturbing your mind, being at a distance, they had kindly called upon me, I would instantly have given them proof that they had been misinformed I regret to say that Mr. Thorogood has so frightened Malby that I have serious lean for his life. Dr. Ray ordered him this morning to go home and go to bed instantly. Strange to say, Mr. Thorogood commanded him not to toll the bell, and not to take any cholera cases. This day I refused to take five funerals from the borders of the district, and I wish you had been present to witness the heartrending scene of the applicants in not being allowed to fulfil the wish of the deceased, by being buried with their relations in Brixton churchyard The sixth case I could not refuse: the fact is, if you will refer to the Times, you will find in seven weeks, Brixton had only twenty-one cases of cholera; and what are these in a population of upwards of 14,000? In your absence, he assured there shall be no just cause of complaint In haste, believe me, dear Sir, yours faithfully, John Vaughan.")

MR. ATTORNEY-GENERAL to MR. EASTMAN. Q. Do you happen to know whether, when strangers were buried at Brixton, if they had relations buried there before, was there any practice that you know, of not charging double fees? A. I do not know, I cannot speak positively.

MR. ATTORNEY-GENERAL to GEORGE MALBY. Q. If persons have had relations who did not live in the parish, and died out of the parish, when they came to be buried, if they had relations buried there before, was it the practice to remit the double fees? A. To receive the double fees—there was no difference made, to my recollection.

The following Witnesses were catted for the Defence.

MARY SMITH . I am in the service of Dr. Vaughan, and have been so nearly three years, as housemaid. I was with him in Sept, 1854, and one day in that month saw Malby, and another man, who I have seen since, and whose name is Haydon—he is the person who was examined against my master—I do not recollect the day of the month, but I had not seen Haydon on any other occasion—it was about the middle of the day—I was in the kitchen, heard a knock at the door, and went to open it—I found Malby at the door, and Haydon standing at the bottom of the steps—Malby said that he wanted to see the Doctor concerning the funeral of Mr. Raven—I went into the study, the Doctor was there—the study door was shut—I opened it, and saw Miss Lydia Vaughan, Miss Decima Vaughan, and Mr. Joseph Vaughan was sitting at his desk—I delivered the message which I had been desired to give, and the Doctor said that he could not be troubled with it, but that he must go to the churchwardens—I went to the door, but did not deliver the message, as the Doctor followed me out too quickly, and told Malby that he would not be troubled with it, he must go to the churchwardens—I did not hear either Malby or Haydon make any reply, they went away—I shut the door and went about my work, and the Doctor returned to his study—when the Doctor told Malby he must go to the churchwardens, I was standing by the door—the Doctor did not go into his study and write any receipt or paper, he did not leave the door—he did not receive any money from Haydon—Haydon did not speak to him—the Doctor did not say to Haydon, "You must tell a lie, and say it was in Robert-street," nor to Malby, or to any one at all.

Cross-examined by MR. SERJEANT WILKINS. Q. How long have you been in that family? A. Nearly three years—I was in service before that—I lived with a lady down Brixton-road—I had never seen Haydon before that morning—I saw his face—the person knocked at the door with the knocker—there was a knocker, I am sure of that—Mr. Joseph Vaughan was sitting at his desk, but the two young ladies were standing in the study, by the side of the Doctor—they were ready dressed to go out for a walk, and the Doctor was sitting at his desk—there were two desks—I cannot say the hour, but I should say that it was between 11 and 12 o'clock—a lad did not come with a basket while the Doctor was at the door, no poultry came—when the Doctor followed me out of the study to the door, the study door was left open—I am sure of that—Mr. Joseph Vaughan did not come out at all—I attended a meeting—it was in Oct. I believe—it was in the evening—I should say that I went at half past 7 o'clock, but cannot say the exact time—I returned about a quarter of an hour afterwards—I was only there about a quarter of an hour—I distinctly recollect the name of Raven.

Q. When was your attention first directed to Malby and the undertaker coming to your master about the funeral? A. I heard it read at the meeting in Oct.—I do not recollect any other names that I heard read besides Raven—there were other cases read—I should say that there are nine or ten steps to go up to the front door of my master's house—Malby was on the top step when he stood talking to Dr. Vaughan—it is not pavement.

Q. Did you say that the pavement did not come into the house, and that Malby was on the pavement with the Doctor? A. Not pavement; I have never said so—it was not usual for a sexton and undertaker to come to my master's house on such occasions—I never knew such an occasion before—when I went to that meeting, I did not see some men who had been to my master's house earlier in the evening—I remember five men coming to my

master's house one evening; that was the day of the meeting which I attended—I did not see those men at the meeting, but I had seen them at the house—I had never seen them before, and knew none of them—they went into the dining room—one had a glass of wine, and the others had beer—I cannot say whether Dr. Vaughan was in the dining room part of the time that they were there—I did not stay in the room all the time—I did not see them go into any other room—I cannot say whether in that interval Dr. Vaughan was in the dining room—I believe the young ladies were there—Mrs. Vaughan was there.

MR. ATTORNEY-GENERAL. Q. Did the young ladies walk before breakfast, or after? A. After breakfast—the family breakfasted at half past 8 o'clock—this was between 11 and 12 o'clock, as near as I can tell—I never saw Haydon before—I have seen him since, and know him.—I am sure he is the man that came with Malby—I know of no other instance of an undertaker and sexton coming to the Doctor—it being an unusual thing for a sexton, and undertaker to come to the Doctor and hearing the name of Raven mentioned at the meeting, I knew that it was the same—when I heard that story talked of at the meeting, and Raven's name mentioned, I remembered the circumstance—I knew that the meeting was about my master—I suppose that it was curiosity that took me there, knowing that it was something concerning the Doctor—I went to hear what they all had to say about it—there were many other females in the meeting, but not that I knew—when I got back I named what I had heard to the young ladies—a boy did not come with a basket of poultry any time that day that I know of—It was my business to open the door, it was part of my duty—there was no man servant.

LYDIA BROUGHAM VAUGHAN . I am a daughter of the Rev. Dr. Vaughan. I recollect Sept., 1844; I was at home at that time—I recollect an application being made at my father's house about a funeral; I was at that time in the library with my father—by the library I mean the study—my sister, Decima, was also there, and my brother Joseph, besides my father—I heard an application made by Malby—he had not been at the house that morning before that time—it was about the middle of the day, between 11 and 12 o'clock, I think—I believe the study door was open—the servant, Mary Smith, brought in the message, and Malby remained on the door step—I heard what she said, and heard my father's answer—she said that Malby had come with an undertaker, about a funeral, and my father said, "He must go to the churchwardens"—after my father had said that, he rose up, and went to the door—I was going out at the time, and saw Malby and nother man, Haydon, whom I had seen before, and knew by name—when my father got to the door, he told Malby himself that he must go to the churchwardens—nothing further was said—my father did not receive any money from Haydon, or from Malby, or any piece of paper from either of them, nor did he give any piece of paper to either of them—he did not go into his study till they had left—I was there when they left—my father did not say to Malby or Haydon, "Mind, if anybody asks you where the funeral comes from, you must tell a lie, and say, Robert-street;" nor did he say anything of the kind—I believe the name of the person who was to be buried was mentioned; it was "Raven"—that is a name with which I was acquainted, it was the name of a neighbouring clergyman, a friend of ours—I saw Haydon at the police court, he is the same man of whom I am speaking.

Cross-examined by MR. SERJEANT WILKINS. Q. I presume you had breakfasted that morning? A. Yes, the family had breakfasted—we generally

have breakfast between 8 and 9 o'clock, and had adopted our usual rule on that morning—I cannot tell you on what day it was—I cannot name the day of the week—I had seen Haydon before that morning, and knew him by sight very well—I have known him by sight several years in Brixton—he is the brother of our butcher, whose name is Haydon also—I have a brother who is a clergyman, he does not live with us—he had not visited us that morning—I was going to his house, my sister in law was ill—I have not known a visit from Haydon and Malby before on such an occasion—when the servant came into the room, she said that Malby had come about a funeral, with an undertaker—she did not say, nor did Malby say, that it was the funeral of a person out of the district—he did not assign any reason at all why he came to consult my father about it—he did not speak to my father, my father merely answered him—he had sent the message in—Malby may have said "Good morning," as he left, to my father, but he did not speak to him about the funeral—all that I can say is, that my father came out and said, "I cannot be troubled with it, go to the churchwardens"—I believe Malby said, "Very well"—that was all that passed—it was the servant that mentioned the name of Raven—I think I can swear that—I will swear it.

Q. Then why, just now, did you express it as a matter of belief, that you thought so? A. I think I can swear it—I will take upon myself to swear that the servant mentioned the name of Raven on that occasion.

Q. Why did you just now express it merely as a matter of belief; you said, "I believe?" A. Mr. Prideaux did not ask me if I could swear, to my belief—he did not ask me if I could swear to it—when my father spoke to Malby, the undertaker was standing on the steps, by the third step—he did not come up at all to the door—Malby was standing on the door step—I do not remember a boy coming with some poultry that morning—I do not believe a boy ever does come with poultry to our house—he never does—my sister and I may have been in the room five minutes, dressed for our walk before the undertaker came—we went out for our walk—my brother Joseph accompanied us—we went to my other brother's—my brother Joseph was writing—I do not know what he was writing—my father was talking to me at the time the servant came in, and my sister was standing by, not doing anything—my father was talking to us both, I suppose.

MR. ATTORNEY-GENERAL. Q. You say that the family had breakfasted; you do not breakfast in the study? A. No, we usually assembled in the breakfast room of a morning, and went to the study afterwards—we afterwards went out to our brother, the clergyman's—my sister in law was ill, and we were fearful that she would have the cholera—she was very ill—my father, on the message, went out, and I followed him—my sister Decima was standing by me—she was going out with me—I did not leave the hall from the time I followed my father out till the two men went away—there are, I believe, five steps—I mean the third step from the top, the middle step—I had known Haydon before—I will swear he is the man that came that day—I never knew him coming more than that once—I am sure that there were five steps at our late residence—we are not living at the same place now—there were five steps—I do not know how many there are now.

DECIMA VAUGHAN . I am one of the daughters of the Rev. Dr. Vaughan. I was at home with him in Sept, 1854, at the time the cholera was about—I remember Malby coming with another man to my father in that mouth—I had known him before, and knew who he was; it was Mr. Haydon—at

the time that Malby and Haydon came to my father's house, I was in the study with my sister Lydia, and my brother Joseph, and my father—my sister and I were just going out to see our sinter in law, the clergyman's wife—my brother Joseph was writing at his desk, and my father was sitting at his desk—when we were all there together, the servant, Smith, brought a message in that Malby and another man had called to see papa about a funeral—she mentioned that it was Raven's funeral, in delivering her message from Malby—she mentioned the name of Raven—my father told her that he would not be troubled with it.

(MR. SERJEANT WILKINS here stated that he wet to convinced of the truthfulness of the witnesses catted for the Defence, that he begged to retire from the Prosecution.)

NOT GUILTY .


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