Reference Number | t18400615-1629 |
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Verdict | Guilty > unknown |
Sentence | Death |
Actions | Cite this text Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 28 November 2023), June 1840, trial of FRANCOIS BENJAMIN COURVOISIER (t18400615-1629). | Print-friendly version | Report an error |
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1629. FRANCOIS BENJAMIN COURVOISIER was indicted for the wilful murder of William Russell, Esq., commonly called Lord William Russell.
MESSRS. ADOLPHUS, BODKIN, and CHAMBERS conducted the Prosecution.
SARAH MANSER. I was in the employment of the late Lord William Russell, as housemaid, ✗ for three years—he resided at No. 14, Norfolkstreet, Park-lane—a cook and valet were the only other servants—the prisoner was the valet—the cook had been two years and nine months in his lordship's service—those were all the in-door servants his lordship kept—he had also a coachman and groom who did not live in the house—his lordship was a widower, and lived alone. On Tuesday morning, the 5th of May, I saw his lordship a little before nine o'clock—he came down before breakfast—he went out at one o'clock—the prisoner had been in attendance on him all the morning—after his lordship had gone out, the prisoner said Lord Russell had given him five messages to attend to, and he was fearful he should forget some of them—he said one of them was to send the carriage to fetch his lordship from Brooks's at five o'clock—he asked me what Brooks's was—I told him it was a club—the cook, the prisoner, and I dined together that day a little after one o'clock, the usual hour—after dinner the prisoner went out off the messages he had been entrusted with—he returned a little before five o'clock alone—he told me he should go and get his lordship's things out to dress—soon after he returned, the upholsterer's man came to the house, that was about five o'clock—he was in the house about a quarter of an hour—I saw him leave the house—he went to tighten the pull on the bell of his lordship's bedroom, to tighten the handle—the prisoner went up stairs with the upholsterer's man—while they were up stairs the servant's bell rang at the area gate—it was a man named Carr, an acquaintance of the prisoner's—I had seen him once before, about a fortnight before—he had then called to see the prisoner—Carr came down the area steps into the kitchen—he remained till about six o'clock—he took tea with us in the kitchen—the prisoner, the cook, myself, and Carr took tea—while we were at tea the
coachman came in by the area steps—on his coming down something was said about the carriage not having been sent for his lordship—the prisoner said he had forgotten to order it, and he should tell his lordship that he had ordered it at half-past five o'clock—I told him he had better tell his lordship the truth, and his lordship would forgive him—he said, "No, " he should tell his lordship half-past five o'clock; his lordship was very forgetful, and must pay for his forgetful ness—the coachman upon that left the house—after tea was over the prisoner went into his own pantry with Carr—(looking at a model of the premises)—this is the kitchen in which we took tea, and this adjoining room is the butler's pantry, where the prisoner went with Carr—they were there about half-an-hour—Lord Russell soon after returned in a hackney cab, about twenty minutes to six o'clock—I went to the pantry door and said, "Courvoisier, his lordship has been obliged to come home in a cab"—he then went up and let his lordship in—he went into the dining-room, which is on the groundfloor, immediately over the kitchen—his lordship soon after rang the bell, the prisoner went up, and afterwards came, down with a letter in his hand—he told me he was going to take it to the stable by Lord Russell's direction—he then went out, and Carr with him—I saw nothing more of Carr—the prisoner was not absent more than five or ten minutes, about as long as it would take him to go to the stable—he returned down the area steps—he told me in the pantry that his lordship seemed angry when he first came in, but he got quite good-tempered after—the prisoner brought in a dog of his lordship's when he came from the stable—Lord Russell then went out with his dog for a walk, as it was his custom to do every day—he returned about half-past six o'clock—the prisoner was soon after employed in making arrangements for Lord Russell's dinner—seven o'clock was the dinner hour—about seven o'clock a bellhanger came to fasten the handle of the door of Lord Russell's room—the prisoner requested me to go up with that workman, and I did so—he Was not in the house more than five or ten minutes—I did not go down stairs with him—he went out by the area—he mended the handle of the door—Lord Russell dined at home alone in the dining-room on the ground-floor—he was waited upon by the prisoner—he afterwards went up into the back drawing-room—he used to go up there to write—I left him there when I went to bed—he did not come down again to my knowledge—the coachman came in a little before nine o'clock to fetch the dog—I saw nothing more of the coachman that evening—the prisoner and I supped together that evening, a little before nine o'clock—the cook had gone out—during supper the prisoner and I had some conversation about change of servants, about a new cook coming into the house—the cook was going away, and a new cook expected—a friend of mine had applied for the place—the prisoner said, if his lordship did not take that friend he should not recommend any one himself—another person had applied—he said he wished he had not come into bis lordship's service, as he did not like it so well as he thought he should—nothing else passed—nothing was said about Richmond that evening—on the 22nd of April, the day Lord Russell came to London, the prisoner said his lordship had been very cross and peevish, as they had changed his room three times while he was stopping at the Castle at Richmond—I told him that must have been the reason that his lordship was angry—he said his lordship had lost a locket while they were at Richmond—he said he did not know how it was lost,
he could not find it—he said he did not know how the late valet could have stopped so long with his lordship; he did not think his temper would allow him to stop so long—some time after he said he must write to the porter at Richmond about the locket—he did not say what porter—it was not many days before the 5th of May that he said that—I think it was about between the 22nd of April and the 5th of May—I never heard him say any thing after that about the locket—on the evening in question the cook returned soon after ten o'clock—the prisoner let her in—she came in at the front-door—after the cook came in the prisoner went out to fetch her a pint of porter—he went out by the area gate—he was only gone a few minutes—there is a public-house close by—when he returned with the porter I do not know whether he locked the area gate or not—I did not see him bring in any thing but the porter—he made no observation about it—the area-gate was generally kept unlocked in the day—it was either the prisoner's or the cook's duty to fasten it—the key used to hang on a nail in the kitchen—I do not remember to have seen the key in the kitchen after he came in with the porter—I left the kitchen a few minutes after ten o'clock to go to bed—it might be ten minutes or a quarter of an hour after—I slept in the front-room, third-floor, immediately over the room in which Lord Russell slept—the cook slept in the same room—we slept in two separate beds—the room in which we slept had a lumber-room taken off from it—my bed was against the window, and the cook's against the door—I should have to pass the cook's bed in going to or returning from mine—it was my duty before I went to bed to light a fire in Lord Russell's bed-room—I did so that night—after lighting it I went up to my own bed-room—there is a door at the foot of the stairs leading from the landing by Lord Russell's door to the room where I and the cook slept—the prisoner slept in the back-room, third-floor, next to ours—every thing appeared to me in the usual state in Lord Russell's room when I lighted the fire, the same as on other nights—the room immediately joining Lord Russell's bed-room was not used—it is a sort of lumber-room—there is a door from that room leading into Lord Russell's room—the door which opened from the landing had a spring on it which caused it to close of itself—the opening and closing of that door made no noise, without it was shut hard—the door at the foot of the stairs leading up to our room shut easily—the door of Lord Russell's bedroom was covered with baize—the door at the foot of the stairs had a common latch, and had no covering—that door was sometimes closed at night, and sometimes left open—the cook came up stairs about a quarter of an hour or twenty minutes after me—I was in bed when she came up—she went to bed.
Q. Did you, or the cook to your knowledge leave that bed-room any more that night? A. No, I heard no noise, nor was I disturbed by any thing in the course of the night—it would be the prisoner's duty to remain up below till his lordship went to bed—the fire was left burning in the kitchen, and a supply of coals left—the cook used to attend to the fire—at the time I went to bed Lord Russell was in the back drawing-room—I saw a light in the back drawing-room as I went up stairs, and a little before that I heard the back drawing-room bell ring—I awoke about half-past six o'clock next morning—the cook was then in bed asleep—half-past six o'clock was about the time I usually got up—as I was going down stairs from my own room I knocked at the prisoner's bed-room door—I was accustomed to do that—I did not hear any answer given to my knock—I found the door at the foot of the attic stairs slightly open—I noticed the warming-pan on the landing
adjoining Lord Russell's room—it was lying on the landing with the handle nearest to the bed-room door—it laid across the door that would go into the back-room which was not used—you would have to step over the warming-pan to get into the back-room.
Q. Did it leave the passage to and from Lord Russell's room uninterrupted? A. Yes—it was the prisoner's duty to warm his lordship's bed every night—the warming-pan was generally taken down into the kitchen afterwards—during the five weeks the prisoner was in the service the bed had been warmed every night when his lordship was in town—once before the warming-pan had been left on the landing—I spoke to him about it, and told him it was not the proper place to leave it—I do not remember how long before the 5th of May that was—I think it was before Lord Russell went to Richmond—I left it there on this occasion, and went into the backroom adjoining his lordship's bed-room—I was not in that room a moment—I went in there for my broom—I did not observe whether the door between that and Lord Russell's room was closed or not—I then went down stairs into the back drawing-room, where I had left his lordship the night before—I noticed his lordship's writing desk turned round—it is what is called a Davenport-desk, with a sloping top which lifts up—four drawers were open, and the top jammed up with papers—I observed his lordship's bunch of keys and several of his papers lying on the hearth-rug—I noticed a screw-driver lying on his lordship's writing chair—I had seen that in the butler's pantry a few days before, in a bottom cupboard next the fire, in a little tool-box—I had seen it there two or three days before—the tool-box is one that the late valet had—it belonged to the place—I did not notice any thing in the front drawing-room—I opened the front drawing-room shutters—I then went down stairs, and into this passage—(pointing it out on the model)—when I got into the passage, I saw a number of things lying behind the street-door, which was shut—I went up to the door—it had no fastening but the latch—any body from the outside could open it with a latch-key—there were two bolts to the door, top and bottom, a double lock, and a chain, besides the latch.
Q. What did you first notice when you came down? A. I saw a number of things lying against the door—I was then at the bottom of the stairs—I then went up to the door and noticed bis lordship's large blue cloak—that was part of the number of things—it was not lying very close to the door—a little distance from it, was his lordship's opera-glass, a little trinket box lying on the top, and a number of things tied up in a napkin, which I did not examine at that time,—that was lying a little nearer the door than the cloak—the cloak was folded up very neatly—I did not at that time notice any other article—I examined the things after the police came into the house—there was his lordship's gold pencil-case, a gold tooth-pick and case—the pencil-case was in the folds of the napkin, and the tooth-pickcase also—there was also a silver sugar-dredger, a little silver caddy-spoon, a silver top of a salt-dredger, a pair of his lordship's spectacles, tipped with silver, a little cayenne spoon, a top of a silver dish-cover, and the cook's silver thimble—I knew the napkin to be the same that I had given out on the Monday for his lordship's dinner—I had seen it on the Tuesday, just before the prisoner went to lay the cloth in the pantry—I asked the prisoner if he wanted a clean one—he said no, he would make it do twice.
Q. Where were these things usually kept? A. The cloak was kept in the dining-room, on the last chair against the window—the opera-glass in his
lordship's bed-room, on the shelf over the fire-place, the little trinket-case, to the best of my belief, was kept in his dressing-case, but I am not certain; the gold pencil-case and tooth-pick his lordship generally carried about with him, and generally put them on a small table in his bed-room at night—he had three pairs of spectacles—I do not know where he kept them—the silver dredger was kept in the cupboard next to the fire in the pantry, and the caddy-spoon, and silver top of the cover—the dish cover was kept in a cupboard in the sideboard in the dining-room—the other part of the dish was also kept there—the prisoner had the key of that cupboard—I do not know whether it was locked or not—when I went up to the street-door I did not examine it, but just looked at it—I set the dining-room door open and saw a number of things lying on the floor—the shutters were closed, and I set the door open to give me light, as I felt alarmed seeing those things, and then I went and opened the shutters—after I had opened the shutters, I saw the candlesticks—I do not know whether they were plated or silver—some were plated and some silver—the bottom of the dish-cover and some sugar was on the floor—all the drawers and cupboard doors were open—I felt dreadfully alarmed, and ran up stairs to tell the cook—I found her in bed—I said something to her—she made me an answer—in consequence of what she said I went to the door of the prisoner's room—I said, "Courvoisier, do you know of any thing being the matter last night? "—he said. ''No"—his room door was shut—it was opened instantly by him.
Q. How long elapsed✗ between your first knocking at the door to awake him, and your going and knocking and speaking to him? A. I should say ten minutes—when he opened the door he was dressed all but his coat—he used to wash in the pantry below—he was dressed in the usual way that morning, except his coat—he used to put his coat on before he came down—I did not notice any thing but his waistcoat—that was the same he generally wore—he had his shoes on—sometimes I have seen him come down without shoes, and sometimes with them—he generally came down stairs dressed—on his opening the door, I said, "Do you know what has been the matter last night? "—he said, "No"—I said, "All your silver and things are about"—he looked very pale and agitated—he did not make me any answer—he came out of his room, and put his coat on as he was going down the attic stairs—he went down instantly, I with him—he went down first—he took the warming-pan down in his hand to the dining-room—it was my custom to call the prisoner of a morning—he was never so short a time dressing as that morning—he was sometimes half-an-hour, sometimes threequarters, and sometimes an hour—the first room he went into was the dining room, and there he left the warming-pan—I did not hear him say any thing then—he then went down stairs into his own pantry—there is a door near the pantry which opens into the back area—I did not notice whether that was open or shut—he went into his pantry—I followed him—there is a cupboard there and drawers, they were all open—he made up to the drawers first, and said, "My God, some one has been robbing us"—I said, "Let us go up stairs"—we both went up stairs, I think as far as the passage, and then I said, "For God's sake let us go and see where his lordship is"—we went up stairs—he went first—I followed him close behind—he went into his lordship's bed-room by the cloth door—the door closed upon me, but I had the handle in my hand, and went in immediately after—when you go in at the door there are three windows fronting the street opposite the door—the head of the bed is against the wall on the right
hand as you go in—when I went in, the prisoner was opening the shutters of the middle window—he would have to pass the foot of the bed to do that—I went about half way to the middle of the bed, at the foot of the bed, and saw blood on the pillow—before I noticed the blood, I said, "My lord, my lord"—the prisoner said, "Here he is, " or "There he is, " I am not certain which were the words—I cannot say whether that was before or after I saw the blood on the pillow—on seeing the blood I screamed and ran out of the room—there were hangings to the bed—it was a four-post bedstead—the curtains were closed on the side next the door, and about half-way at the foot, the same as I bad left them over night—I left the prisoner in the room, and I think I ran part of the way up the attic stairs, and then I turned round, and ran down into the street.
Q. Had you any object in going up the attic stairs? A. I was going to my fellow-servant the cook, when I thought I would give an alarm out in. the street, and my screams awoke her—I left the house by the street door, and went over to No. 23, Mr. Latham's, and rang the bell—it is nearly opposite—finding they did not come instantly, 1✗ rang the bell at No. 22, Mr. Lloyd's, and the footman came up the area steps immediately—I do not know his name—Young, Mr. Latham's servant, came out while I was standing at the door—I told him what had occurred—I had left the front door of the house open when I ran out—I was not gone many minutes, I merely crossed the street, rang these two bells, and came back again—when I came back to the house I think I met the cook at the bottom of the stairs in the passage—I am not positive—I then went into the dining-room—I do not know whether she followed me or not—at that time no stranger had come into the house—when I went into the dining-room I found the prisoner sitting on a chair in the act of writing—he had✗ a pen in his hand and a small piece of paper lying on a large book—he appeared to be writing on that small piece of paper—I said, "What the devil do you sit here for, why don't you go out and see for some one, or a doctor? " he said, "I must write to Mr. Russell"—he did not continue writing—he only wrote about two words—I said, "Some one must go for Mr. Russell"—I knew him to mean the son of Lord William Russell—he lived at No. 9, Cheshunt-place, Belgrave-square—on my saying that, the prisoner got up and came to the street-door—a sort of labouring man was going past, and the prisoner beckoned to him—I told him not to call such a man as that, and the man went on about his business—the coachman came a few minutes after, and Young, Mr. Latham's servant, about the same time—I think the coachman was in the house first—the coachman and Young went up stairs—I am not sure whether I went up with them, I am not positive sure—I do not know what I did at that moment—I think I did—I think the cook went to the bed-room door—I do not know where the prisoner was—I heard Young say something about fetching a doctor—I was on the stairs—I went down and was going to send some one for a doctor, when the coachman ran for Mr. Elsgood, a surgeon in the neighbourhood—the police arrived a very few minutes after that—I went up stairs when the police arrived, into the bed-room—when I went in I saw his lordship's face at that time, and I saw a quantity of blood—I was in the habit of making the bed—his lordship usually laid on the side next the window—there were two pillows—they were usually put side by side, as if for two persons—the pillows were in that state when I saw them that morning—his lordship laid on his right side with his face towards the window—he was lying with his head on the pil
low, nearest the window, and the other pillow was lying behind him—it was on the pillow next the window, on which I first saw the blood when I went into the room with the prisoner—when I went up with the police I did not notice whether there was blood on the other pillow—there was a dressing table in the room—it is the one on which Lord Russell used to put his pencil-case and tooth-pick—it had a white cloth on it—he generally used to leave his rings, which he wore daily, on the table—they were five—I had frequently seen them there of a morning—his lordship would frequently go down to breakfast and leave them there—there were no rings or toothpick, or pencil-case there then—they were all gone—there was a purse there—I took it up—it was empty—the police then took possession of the house, and have remained in it to the present time.
Q. Have you ever had conversation with the prisoner on the subject of money? A. Yes—the last time was on the Tuesday morning, the 5th—he said he had no money at home, he never took any out with him, and he had no money in the bank—I do not exactly remember what led to that conversation—he afterwards said he had 8l. some odd shillings in the bank—that was on the same day, in the same conversation—when he first said he had no money in the bank I did not make any observation—he said all the money he had then was 5l.; when that was gone he must ask his lordship for some more, and that he had 8l. owing him on the books against his lordship—nothing passed between the time of his saying he had no money in the bank and his saying that he had money in the bank—the cook was present.
Q. Do you remember whether any thing passed between you, after having first said he had no money, and then saying he had? A. I said to him, "Have you spent all that money I saw you take out? "—he said, "Yes"—I do not know how that conversation began—it was at breakfast—I had seen him take some sovereigns out of his box when he came up into his bed-room, and I was in my bed-room, and he had some sovereigns in his hand, which he put into his waistcoat pocket—I cannot say whether this was on Monday or Tuesday—that is what I meant by asking him what he had done with the money I had seen him take out—(I do not know how many there were)—he said he had, for he had paid a tailor's bill—this was on the Tuesday—it was his own tailor's bill.
Q. Which was mentioned first, having money in the bank, or paying his tailor's bill? A. Having money in the bank was mentioned first—I asked him what bank—he said in St. Martin's-lane—I believe there is a Savings' bank there—I told him that was the best bank he could put it in—I do not think he said any thing more at that time—he said he was not so well off as when he first came to England—I think he said that before that time—he said it once before, and he said it again at tea time, when Carr was there on the Tuesday evening—he said on the Tuesday morning that he had but 5l.
COURT. Q. Did he say where the 5l. was? A. No; he said he had but 5l.
MR. BODKIN. Q. Can you tell us whether he said he had but 5l. before or after he said he had the 8l. odd in the bank? A. I think it was before he said he had the 8l. in the bank—I never saw him in possession of any money of his own, but the sovereigns which I have mentioned—I never saw him with any Bank-note.
Q. Did he ever speak to you, or in your hearing, on the subject of
Lord William Russell's property? A. Yes, on two occasions, I heard speak of that—the first occasion was before his lordship went to Richmond—he said Old Billywas a rum old chap, and if he had his money he would not remain long in England—I said his lordship was not a very rich man—he said, "Ah, Old Billyhas money, and if I had it I would not remain long in England"—the next occasion was before the Tuesday, but I do not know how long—it was after he returned from Richmond—that was on the same subject—he said the same words as before.
Q. Do you mean to the same effect, or the same words? A. The same words—I was alone with the prisoner at supper the night before the murder—I had a glass of ale—he offered me a glass of something, which I tasted, but did not drink—he drank the same ale I did—in the course of the day on the 6th, I asked the prisoner if he heard me knock at his door—he said he thought he would begin to dress—he did not say whether he heard me or not—I have frequently seen the prisoner in his lordship's bed-room.
Q. Did you notice any thing particular in his conduct at any time? A. Yes—I did several times—I noticed that he was, looking into all his lordship's property, and every thing that he could—I asked him what he wanted in the rooms, and he told me he was looking after something—he has not told me what—this was before he went to Richmond—I cannot mention any article in particular, which he appeared to be looking at—on one occasion I noticed that he had his lordship's dressing-case down in his pantry.
Q. Would it be his duty to have it down there to clean it or any thing? A. I never knew the other valet to have it down—I cannot tell any article that he was looking at when he was in his lordship's bed-room, because his lordship used to carry the keys, and I never knew his lordship to leave any thing unlocked in the bed-room, except his dressing-case—it was not only in one room that I saw him looking, but every room—I do not know exactly what property his lordship had—one day his lordship left his cash-box unlocked—it was the day his lordship went to Richmond—it was kept in his lordship's bed-room, by the side of the bed—it was a little box his lordship always called his cash-box—it was covered with leather—the prisoner brought it down, and said it was unlocked—his lordship was gone out for a walk at that time—the prisoner brought it down into the dining-room, because his lordship was going to Richmond, and he always took it with him—his lordship burnt a rushlight at night in his room—I set one up that night—it was a whole rushlight—I left it unlit when I went to bed—I have since given one of the rushlights out of the same parcel to inspector Beresford.
Cross-examined by MR. PHILLIPS. Q. You have been examined, I believe, several times before the Magistrate? A. Yes—I cannot recollect how many times—it was three I believe, but I do not know how many times—I was also examined before the Coroner—I have not been examined by anybody since the committal of the prisoner, that I swear—not by Mr. Hobler—this is not the first time I have said I saw the prisoner looking not only into one room, but into every room after his lordship's property—I said it before I ever went to Bow-street, to the solicitor who was there when first I was examined, I believe it was Mr. Hobler—I also said it to my fellowservant—I have several times told what occurred, without mentioning that I saw him looking after the property—I gave evidence in the house of
Lord Russell on the first or second day, I am not certain which—I believe what I said was taken down in writing—I have no doubt that it was—Mr. Mayne, the commissioner of police, was there—there was no Magistrate present to my knowledge—I never saw him—there was no attorney there to my knowledge—I did not see any—there were only two persons, Mr. Hobler and Mr. Mayne—I did not know Mr. Hobler was the attorney—I did not know that was the name—the prisoner was not present—when I first went into his lordship's room with the prisoner, I said, "My lord, my lord, " and saw some blood on the pillow, and ran away screaming—I did not see his lordship on that occasion.
Q. Now, attend to me, on the oath you have taken, have you never said, "I saw my lord murdered in the bed? " A. No, sir, I never did—I never said his lordship was murdered, the first time—I did not see his lordship when I first went in with the prisoner—I never said I did, to my recollection—I really was that frightened, I do not know what I said at the moment—I know what I said in the room.
Q. But did you ever represent that when you went the first time into the bed-room with Courvoisier, you saw my lord murdered in the bed? A. I saw blood—I did not know whether he was murdered—I never said that I saw him murdered in the bed—I am sure I never did—I did not see his lordship the first time.
Q. I am asking what you said; if you said that, on the first occasion when you went in with Courvoisier, you saw his lordship murdered in the bed, would that be true or not? A. I do not know whether I said murdered or killed—I think I said something to my fellow servant—I think it was "killed"—she says I said either murdered or killed.
Q. I am talking of the time you went in with Courvoisier; did you represent to any body that, on the first view of the bed on that occasion, you saw my lord murdered in the bed? A. No—I do not think I said it—I could not say that, because I never saw my lord then—I did not represent that I did, to my belief—I did not, to my knowledge—I cannot say whether I did or not—when I first went in I saw blood on the end of the pillow—I said, "My lord, my lord, " and ran screaming out of the room.
COURT. Q. In giving an account of this afterwards to some other person, was the expression you used that you had seen my lord murdered in his bed, meaning lying in his bed murdered, is that what you said? A. No—I recollect it now; I said some one had murdered his lordship—I said it in the street to Young.
MR. PHILLIPS. Q. I am not asking what you said in the street; I ask you this, Did you ever say that the first time you went into the room you saw him murdered in the bed? A. No—I am sure of that—I was examined before the Coroner—to the best of my recollection, I have always given the same account of what I saw in the room on the first occasion, as I have given to-day—it is a thing which impresses itself on my mind—I was that frightened, I do not remember what I saw—on the second occasion I went in with inspector Tedman, and saw his lordship's face—I did not go up to the side of the bed, I went to about the middle of the foot of the bed, I then saw saw his lordship's face—Tedman went up before me—I followed him instantly—I was in the room the same time as he was—I did not see him go into the bed-room—I was further down the stairs—I followed up quickly—I did not see Tedman do any thing to my lord—On going down into the passage I saw several things lying there—I saw the napkin—I did
not look into the folds of that napkin then—I never represented that I did at that time—there were two or three policemen present when I saw the napkin the second time—I do not know whether Tedman was up or down stairs—When I went up to the cook, after having seen the things tossed about, I asked her if she knew if any thing had been the matter last night—she said "No"—the expression I used to Courvoisier was, "Courvoisier, do you know if any thing has been the matter last night? "
Q. The same words as you used to the cook? A. She told me to call him—those were the words I used to the cook.
Q. Pray, had you the least doubt that a great deal was the matter? A. No, I had no doubt at all—I did not think there was any thing the matter—not so much the matter as there was, because I had frequently seen his lordship's papers strewed about, much the same as they were that morning—I never before found the passage strewed with things.
Q. Had you any doubt then of any thing being the matter? I did not know what to think—I thought there might be something the matter—I did not know whether the cook could give me any information—she was up later than me by a quarter of an hour—I did not think she could know all this in a quarter of an hour.
Q. Why ask her? A. Because I had nobody else to go to—I did not know what to think when I saw the things in the passage—it surprised me very much—I went immediately up to the cook, and told her what I had seen—I went into the parlour first.
Q. Why not instantly go up when you saw the things in the drawingroom and in the passage? A. I did not know what the things were laid there for—I knew nothing about it—I did not go into the parlour before I went up to her—I went up to the door to see the things—I did not examine the street-door—I could see it from the bottom of the stairs—I went to it to see what the things were.
Q. Were you not surprised to find it unchained and unbolted? A. I sometimes have found it unfastened before—I cannot say exactly how long before—it might be before his lordship went to Richmond—once Courvoisier had forgotten to fasten it—that surprised me—I do not know whether I mentioned that to the cook or not—it was only once before that I had seen it unfastened—I was surprised at seeing the things strewed about the passage, but I was not so much alarmed till I went into the parlour, I then became more alarmed—I just opened the shutter—I went into the drawing-room to pen the shutters, not to see if property was there—I did not suspect any thing when I went into the front drawing-room.
Q. Although you had seen the desk twisted round, the drawers open, and the papers sticking out, you never suspected any thing wrong? A. No, I did not.
Q. Now it has been opened to us to-day that Courvoisier never took the least trouble to give any assistance; if I remember right, you told me that the prisoner appeared to be writing, and said he was writing to Mr. William Russell? A. He said he must write to Mr. Russell—I said, somebody must be sent for him.
Q. And after that, he was about to send the first man he saw at the door? A. Not that I know of—he beckoned to the man—he had sat about five minutes after I told him Mr. Russell must be sent for—when he beckoned to the man, I gave him a push, and said, "Don't call such a man as that"—I did not know what he was calling him for.
Q. What did you mean by saying, "Do not send such a man as that? "
A. Because he did not look like a man to send any where—I did not think the prisoner was going to send him for Mr. Russell—he was not a man I should send any where.
Q. If you found a house robbed, and a murder committed, should you not send the first person you could find? A. I do not know whether I should or not—I did not see his lordship when I first went into the room with Courvoisier—I am not certain whether I ever said I saw blood on the pillow, but could not tell whether I saw his lordship—I never said, "I did see his lordship the first time"—I did not see him—I never said, "I was not sure whether I did or not"—I had been living at Mivart's hotel—Lord William was stopping there a short time, not living there—he was there about a fortnight—I left Mivart's after his lordship went away—I do not know how soon after, it might be a fortnight, or it might be more—I did not go into any service after leaving Mivart's—I went into lodgings for two months—I then went into Lord William's service—it was at Mr. Don's, No. 9, Upper John-street, or Lower John-street, Golden-square, where I lodged.
Q. You have stated you took some ale from the prisoner, did you ever say you grew quite drowsy? A. Yes—I was not asked the question to-day, I felt quite drowsy afterwards, not immediately—I felt sleepy and drowsy—I feel drowsy of a night, but I felt drowsier that night, after taking the ale—I do not say it was the ale—I do not know whether it was the ale or what it was—the prisoner took some of it—I was sitting there about threequarters of an hour—just before I went to bed I became drowsy—I did not become so very shortly after taking the ale—it might be half, or three-quarters of an hour—it might be very shortly—I cannot say exactly the time.
Q. Do I state your sensations truly when I describe them in this way, "I felt very heavy and sleepy, and felt a drowsy sensation come over me very shortly after taking the ale? " A. Yes—it might be the ale that made me so—I did not mean to convey to the jury that he gave me drugged ale—I never tasted any thing particular in the ale—I did not mean to insinuate that it was drugged ale—I mentioned it merely as a matter of course—I never meant to insinuate it was the ale made me so—I was dreadfully frightened after I found that his lordship was murdered—it was after that that I said to the prisoner, "What the devil are you doing there? "—I am not in the habit of speaking so, but I did not know what I was about—I observed what he was about—I should not have said that, had he got up and assisted me—I think it was quite right to apprize Mr. William Russell immediately of the horrid event that had happened—Belgrave-square is not very far for a man to ride on horseback—the coachman might have gone—Courvoisier might have gone for the coachman.
Q. And might he not have taken the opportunity of escaping, if he was conscious of any crime? A. He might have escaped—Our sleeping-room is divided from Courvoisier's by a wall—I do not know whether it is lath and plaster—it is not very thick, and not very thin—I have knocked my hand against it—I do not know that it is hollow—I did not knock against it for any thing particular—I did not notice a hollow sound that I know of—when I went down with Courvoisier, and saw the things tossed about, I said, "Let us go and see where his lordship is."
Q. Did you think any thing was the matter with my lord then? A. I did not know what to think—he was unprotected, and nobody went to see—I found my fellow-servants safe.
Q. Why did you not use the expression, "Let us go and tell his lordship the house is robbed, " instead of saying, "Let us go and see where his lordship is? " A. Those were the words I used—I expected to find him in his bed-room—I did not know whether he was in his bed-room, or not—it is a small house—I had been into every room except the kitchen—I had not been into his lordship's bed-room then—I did not know where he was—I did not expect any mischief was done to him at that time—I was anxious to see where he was—I had no doubt where he was—I believe there has been a great deal of inquiry and search made all about the premises—I saw a ladder on the premises—it has been there ever since I have been in the house—it was there before I went into it—all the police saw it, and knew it was there—I heard inspector Tedman inquiring about the ladder—I do not know that he mentioned it at any investigation—I heard him mention it, but not at the investigation—I did not mention that there was a ladder on the premises—I heard many inquiries as to how any body could have got over the walls.
Q. Is not that ladder exactly the height of the wall which separates the yard of the premises from another? A. I never noticed it—the ladder was not always kept in the yard—when it was not there it was kept in the bath-room, which goes off from the house—I cannot tell how high that wall is—I have been in the yard hundreds of times—I have no idea how high the wall is—I have gone up that ladder, but not in the yard—I have had it in the house—I do not know the height of it—it is the height of other ladders—I do not know whether a person on that ladder could get over the sidewall—I never saw the ladder standing there before the morning of the murder—I did not see it till the police saw it—it was standing in the passage on the Tuesday, and I asked Courvoisier to take it away, and he took it and placed it there himself—I remember that now—it stood inside when I asked him to take it—it was in the passage just below three stairs—I was cleaning the passage, and said to Courvoisier, "Will you take this away? " and he took it out there.
COURT. Q. Standing in the house? A. Yes—it had been left there on Monday—the late valet had been there hanging some pictures for his lordship, and left it there—I asked Courvoisier to take it away, and he took it away, took it out of the house, on Tuesday—he set it where it was found by the police, on the side of the wall of No. 15, the left-hand side.
MR. PHILLIPS. Q. Did you desire Courvoisier to put it there? A. No, I desired him to take it away—I saw where he took it to—it did not surprise me in the least next morning.
~COURT. Q. Did it reach to the top of the wall? A. Not exactly, that I know—I never noticed it—it stood quite upright.
MR. PHILLIPS. Q. Was it leaning against the wall? A. It must be leaning against the wall—I did not see it for a long time after—I saw it in the course of the day leaning against the wall—I do not know how far it was from the top of the wall—any body on the top of that could easily have got over the wall.
Q. Now, you were in the house ever since this unhappy event took place, have you seen any people trying chisels, pokers, and instruments of all description, against the doors and wainscoting? A. No—(looking at the model)—this is the glass door leading into the yard—I do not know of any experiment being made on that door and door-post since the police
came into the house—I had not observed any marks on that door before the police came into the house—that is the door through which I have gone scores of hundred of times into the yard—I never noticed any marks on that door—I believe I first mentioned about the prisoner giving me the ale at the last examination, but I really do not know—I was never in the house before I went into his lordship's service—I never was in the street before—I had not looked out for a situation while at Mr. Don's.
Q. You preferred living on your means? A. No, I did not, I was doing the servant's work in the house—Mr. Don kept two servants.
Q. I thought you mentioned it as a lodging? A. It was a lodging when I first went there, but the servant went away, and I did the work of that servant, because I would not be spending my own money—I was, it might be, about a month at Don's before the servant went away, but I do not know—I did not hear of a situation in that month—I inquired of people coming to the house, and the servants in the house asked the tradespeople about a situation for me—I did not go myself—Mr. Don is a tailor—I had never seen the Waterloo medal but once before—I saw it then on the table in his lordship's bed-room—he had emptied a little box—his lordship never kept his bed-room door locked.
Q. How did you find out that my lord wanted a servant? A. When I left Mivart's hotel I asked the head waiter if he heard of a light place to let me know, he said he would, and when his lordship came from abroad he sent for me by one of the men out of the stable—I never, to my recollection, heard Courvoisier mention the wages he had at Mr. Fector's—he had not so much at his lordship's by 5l. as the late valet—I do not know what his wages were—I do not know that it was 45l. a year—he told me it was 5l. less than the late valet had—I did not hear him say he had double the wages he had at Mr. Fector's—he told me had no money in the Bank, and then said he had 8l.
Q. When you said to Courvoisier, "Let us go and see where his lordship is, " did he not say to you, "What will he say? " A. No, I did not hear him say any thing—I cannot swear he did not—I never heard him say any thing at that time—I can swear I never heard him say that—I do not recollect hearing him say any thing when he was going into the diningroom—I never heard him—I did not see the area gate at all after the prisoner went out for the beer for the cook.
MR. BODKIN. Q. You have been asked about some examination of persons in the house in the presence of Mr. Mayne and Mr. Hobler, on what day was that? A. I do not recollect the day—it was not the day of the murder—I was examined in the absence of the prisoner—the prisoner also went into the room to be examined in my absence—the other servants were examined separately in the same way—we were all kept separate from each other—no one had been at that time charged with, or accused of this offence, to my knowledge—when I went up into the bed-room with Tedman the door was opened by the men that went up stairs—the door had not closed after them before I went in—it remained open—I do not know how near I was to the room when Tedman went in—I was part of the way down stairs—when I went into the room Tedman was round by the side of the bed against the window, near his lordship's head—Young and some other persons had been up in the room before I went up with Tedman—I had seen the Waterloo medal about three months before his lordship's death—his lordship was in the room when I saw it—it was lying open—I never in my life had any quarrel or cause of quarrel with the prisoner.
MARY HAELL. I was cook in the late Lord William Russell's service for two years and nine months—his lordship dined at home on the 5th of May—after dinner I washed the plate—I went out a little before nine o'clock, and returned a little before ten—I went out alone and returned alone—Courvoisier let roe in at the front door, and he fastened the door when I came in—he locked, bolted, and chained it—I went down stairs into the kitchen—I did not go out of the house after that time—before I went out at nine o'clock, I went into the yard to fetch the cold meat in for supper, and I bolted the door after me—the cold meat was kept in a safe in the lower yard—the door I bolted was the one which leads from the passage close to the pantry, into the lower yard—there were two bolts to that door, one at the top and the other at the bottom—I do not think I bolted the bottom bolt, because it was out of repair—I had not been in the habit of bolting that bottom bolt of late—on my return home I had my supper in the kitchen—Courvoisier and Manser had already supped—Manser went to bed first—before I went to bed Courvoisier went out and fetched me some beer—he went out by the area gate—I did not notice where he put the key of the area gate on his return—it usually hung up in the kitchen—he had taken it to let himself out of the area gate, but I did not notice on his return whether it was put there again—I went up to bed about half-past ten o'clock—the prisoner did not remain in the kitchen till I went up stain to bed—he was in the pantry when I went to bed—he had not been very long in the pantry before I went to bed, only a few minutes—he had been up stairs while I was at supper—he went up stairs to the drawing-room as the bell rung—when I got up stairs into my bed-room Manser was in bed.
Q. Did she to your knowledge leave; the room in the course of that night? A. No, I do not believe she did—I did not leave it at all—I was not disturbed at all in the night by any noise, or any thing out of the common way—Manser got up first next morning—I think it was about a quarter to seven when she went down stain—I was still in bed—she generally used to knock at the prisoner's door as she went down—I heard her do so that morning as she went down—she came up stairs again in about five minutes and made a communication to me—I immediately got up—before I got up she went again to Courvoisier's door, and I heard them both go down stairs—whilst I was dressing I heard the housemaid scream, and on hearing that I finished dressing and ran down stairs—I ran to the lower part, near the dining room—I saw Manser there—she said his lordship was killed—I just went into the front dining-room—I saw the prisoner and Manser there—the prisoner had got a slip of paper and a pen, and was writing something on a book—I then went to the front door—in the course of the morning I saw the prisoner in the back diningroom—it was a few minutes after I had seen him in the front dining-room—he was sitting in a chair by the middle door—he said, "Oh dear, they will think it is me, and I shall never get a place again"—when I came down I saw some things lying about in the passage—there was his lordship's cloak, an opera glass, and trinket box—I saw a bundle in the passage by the cloak, tied up with a dinner napkin—the contents of that bundle were not taken out before the police came—I had left a thimble of mine the night before in a work-box in a cupboard in the kitchen—that cupboard is on the right hand as you face the street—in the morning when I went into the kitchen, I found the cupboards and drawers all open—there
was nothing taken away that I am aware of, except that thimble—there was nothing of any value in the cupboard—I do not know how it had been opened—there was no force used—the lock was shot—I think it could be opened easily—I could not open it when it was locked—this is it (looking at the plan) there are two or three doors to it—I did not observe any marks of violence, but the lock was turned, not unlocked—the bolt was shot—I had locked that cupboard myself the night before, and taken the key up stairs—there is a little bolt on one side as well as the lock—I could not be positive that I put that bolt down, I think I did—two of the dresser drawers were open, all out of order, and rummaged—they had not been locked—I left a fire in the kitchen, the night before, when I went to bed—I left the prisoner up, he was to supply it, in case any thing was wanted—his lordship always had his bed warmed—I left coals to feed it with.
Q. Do you recollect ever having any conversation with the prisoner about money? A. On the Tuesday morning at breakfast he said he had only 5l., and when that was gone he must ask his lordship for more—there was something else said, but I cannot recollect—I heard the prisoner say once that Old Billywas a rum old chap, and if he had his money he would not be long in England—that was all I heard him say—I cannot recollect when that was, exactly—it was about a week before—it was in the kitchen—we were at one meal, I cannot recollect which—the prisoner and the other servants lived comfortably together, we never had a word with him—I was going to leave the service—that was not on account of any quarrel with the prisoner.
Cross-examined by MR. CLARKSON. Q. The prisoner, and you, and the others lived comfortably and peaceably together? A. Yes, we never had any quarrel, because we had no reason—when he said that about my lord, I only thought he said it as a joke—he said if he had as much money as Old Billyhe would not remain in England—he is a Swiss—I do not know whether it was his lordship's custom to give him money for the weekly or monthly supply—he has not paid bills, except for his lordship—he said something about money in the Bank—that was when he said he had only 5l., and when that was gone he must ask his lordship for more—he said something about having 8l. in the Bank.
Q. The 5l. did not refer to all he had in the world, but to what he had for the expenses of the house? A. I did not properly understand him—he said something about the Bank—I did not give more than 18d. or 2s. for the thimble—I had had it a very long time, before I went into my lord's service—there was a step-ladder in the yard—it used not to be kept there lately, I think—I believe it had been in the bath-room, except a day or two previous to what happened—it is not a ladder, but steps, which open with a string from one end to the other, and stand by themselves—I think it is six or seven feet high—I saw that ladder the following morning, after his lordship's death—it stood in the yard, just outside the glass door of the upper yard, and against the wall—it was not quite so high as the wall—there would be no difficulty, in a person who was at the top of that ladder, putting his foot over to the lead at the top—I do not know whether the prisoner sat in a good many places in the course of that day—the back dining-room was the place I saw him in.
Q. How soon after your fellow-servant gave an alarm on the opposite side of the way, was it before the coachman and groom came into the house? A. The coachman came first some time—I think it was five or ten minutes
before he came—I do not know who gave the order for Mr. William Russell to be sent for—I do not know whether it was the prisoner—I do not know who sent—the ostler of Mr. Shenton, a neighbour, went—that was after I saw Courvoisier sitting in the back dining-room—I saw him in the back dining-room before any body was sent for Mr. Wm. Russell—it was a minute or two either way—I do not know who went for the man that went for Mr. Russell—I was very much alarmed and agitated—I hardly knew what I did.
Q. Would you not as soon have sent the first man you met in the street, as have sent the ostler? A. No, we knew the man—he came to the door, and knowing him, somebody asked him to go.
Q. We understand your bed comes the right side of it, flush on the lath and plaster of the division between your bed-room and the prisoner's? A. Yes, it is a thin partition—I never examined it—I cannot say whether I could hear him turn in his bed—I could hear him in his room, if he moved a chair or any thing—if he had been walking about in his shoes, and I was awake, I should have heard him—I should hear him cough and blow his nose, if I was awake—I was awake when Manser got up at a quarter before seven o'clock—I heard her go out—it might be about half-past six o'clock when she got out of bed—I had not spoken to her before or after she got out of bed—there was no conversation—I had not spoken to her—I do not recollect her speaking before she went out of the room—she was about a quarter of an hour dressing—she washes up stairs—I cannot recollect whether she washed herself that morning—I cannot say whether she did or not—that was about the time she usually got up—the prisoner used to wash and shave himself below—he sometimes was longer dressing than at other times.
Q. You say he said, "Oh dear, they will think it is me, and I shall never get another place, " did that strike you as being a natural expression for a man under such circumstances? A. I thought it seemed strange, but he was alarmed, and I thought at the time he did not know what he was saying—he seemed as confused and agitated as the rest of us—there was nothing in his appearance to lead me to suppose more than that he was alarmed and agitated—when Manser came up-stairs after being below, she described to me what she had seen—she did not tell me what she had seen in the folds of the napkin then—I came down and saw them—I saw a gold pencil and tortoiseshell toothpick—I saw them when I first went into the passage—I saw the bundle lying, but did not untie it—I saw the pencil-case and toothpick lying in the folds—that was five or ten minutes before the policemen came—I think Manser was with me at the time—I believe she observed them, and pointed out the things—I cannot positively say whether she spoke about the pencil-case and toothpick in the folds of the napkin, or whether I saw them myself—I cannot say whether she repeated the words, but I saw them there—I cannot tell whether she pointed them out to me, or I to her—I observed the bundle lying in the passage, and the cloak, and the pencil-case and toothpick-case in the folds of the napkin—I recollect seeing them—they might be seen by a person going to the spot without meddling with them at all—I did not see my lord's rings found—I had seen his lordship wear rings—they were much more valuable than my thimble—there is some plate which I believe has not been found—I believe there is a reward offered for some—I know there are silver forks and spoons
which have been advertised and never been found—I do not know how many pieces—I have heard there are forks and spoons among the missing plate.
MR. CHAMBERS. Q. Do you know at all how much is missing? A. No—the pencil-case and toothpick were in the folds of the napkin, outside, lying on it—Mr. Shenton is a livery-stable keeper—his lordship kept his horses at livery there—the pencil-case and toothpick were visible for any body to see that came down—I am not aware of the prisoner's paying any of Lord Russell's bills—he might have paid small bills if his lordship gave orders—I was to pay the household bills after Ellis left, but none of the household bills were paid after Ellis left, because I have got the books.
COURT. Q. You said the prisoner took the key in order to get out by the area; do you mean the key of the door of the house leading into the area, or the key of the area gate? A. The area gate—the area door was bolted and barred—I left it bolted and barred that night—that was after he came in with the ale—I bolted and barred it myself after he came in—it was not necessary to open that door to let him in with the ale—the housemaid and I were in the kitchen while he was gone for the ale—the door I speak of goes out of the kitchen into the area, not out of any passage—I do not remember whether the key of the area gate was brought back to the place where it usually hung.
WILLIAM YORK. I was coachman to the late Lord William Russell. I lived out of the house—I should have been in his lordship's service four years on the 6th of June—there was also a groom—he lived out of the house—on the 5th of May I went to his lordship to see him, at half-past eleven o'clock—I saw him—nothing particular passed between us then—I went to the house again at half-past two o'clock, but did not see his lordship—I had no directions from the prisoner about going to Brooks's—I went to the house again about ten minutes after five o'clock—Courvoisier and the two female servants were at tea—Courvoisier said to me, "You should have been at Brooks's at five o'clock, but I forgot to order you; you had better go directly"—I went directly—his lordship had gone when I got there—his lordship had some explanation with me, and I told him I had gone according to order—on the following morning, when I was dressing myself, a little before seven o'clock, a report came to my lodging, in consequence of which I went to his lordship's house—I got there a few minutes after seven o'clock, and saw the cook, the housemaid, and Young, the butler, from No. 23—I did not see the prisoner at that time—Young and I went up-stairs to his lordship's bed-room—Young went to the bedside next to the window, and uncovered the sheet—I perceived blood on the pillow, and on the sheet likewise—I did not see his lordship's face when the sheet was pulled aside—the face was covered up with a cloth or towel of some kind—I stood at the foot of the bed a few minutes—the police entered the room—inspector Tedman came into the room, and the police with him, or a few minutes later—that was after I had seen the sheet pulled aside, and the blood on the pillow—Tedman and the police came in while I was at the foot of the bed—in consequence of what was said I went for a surgeon immediately—I went to Mr. Elsgood, at the corner of Park-street and Grosvenor-street, and brought him to his lordship's house—on my return to his lordship's room, I saw the prisoner behind the bed-room door sitting down—his face was covered with his hands—he said
"O my God, what shall I do! "—I saw him again about half an hour afterwards, down-stairs.
EMANUEL YOUNG. I am butler to Mr. Latham, of No. 28, Norfolk-street, Park-lane. On the morning of the 16th of May I heard the house-bell ring about seven o'clock—I went up and found Manser on the opposite side—she told me something that had happened—I went to Lord Russell's house—she told me to go for the police—I returned in about five minutes—York, the coachman, came very soon after—he and I proceeded up stairs to Lord Russell's bed-room—I believe York went into the room first—we went in nearly together—the shutters of the middle window were open—I noticed blood on the bed—as I was standing at the foot of the bed I saw the blood on the bolster, on the towel, and also on the sheet—the towel was covering his lordship's face—I then went to the side of the bed nearest the window, and turned down the sheet of the bed—I did not take the towel from his face—I had no opportunity of seeing whether there was any wound on his lordship—the prisoner came into the room shortly afterwards—at that time the head of Lord Russell was still covered with the towel—his right hand was in a bending position—I saw that on moving the sheet.
Q. You had ascertained, I suppose, by observation, that he was then quite dead? A. The housemaid told me his lordship was murdered, and the house was robbed, before—I felt his hand when I turned down the sheet—it was quite cold—I did not observe any weapon or instrument on the bed or near the body of Lord Russell.
COURT. Q. When had the housemaid told you that his lordship was murdered, and the house robbed? A. At the time I crossed the road, before I came to the house—I saw the napkin taken off his lordship by Mr. Elsgood, the surgeon, afterwards.
MR. BODKIN. Q, Do you remember the particular phrase she used? was it the word "murdered? " A. I believe it was—the prisoner came to the foot of the bed while I was in the room—he raised his hand, and instantly fell back into an arm-chair—he said, "What shall we do? "—he appeared to be very much distressed at the time—I cannot say how long he remained in the arm-chair, but it was some time—it might be ten minutes, or it might be a quarter of an hour—he constantly kept saying, "What shall we do? "—at the end of ten minutes or a quarter of an hour he rose up from the chair, went to a small table in the room, and began to examine a small dressing-case—he took off the top, and also took out the inner part, and put the inner part into a cupboard, very quickly, by the side of the fire-place—by the inner part I mean a kind of tray which lifts out—it contained several articles—he came back with the dressing-case after shutting the cupboard door, and with his hand he removed the rings, which I saw at the bottom of the dressing-case which was under the tray—I saw four rings—he removed them with his hand at the bottom of the dressing-case—I left the prisoner at that moment—during the time he was moving these things he spoke to me about his place—he said, "I have lived with his lordship only five weeks, and what shall I do for my character? "—I did not make any observation to him on that, to my knowledge—he did not interfere with any other article in the room in my sight—he said such and such things were missing, but I do not know what—he mentioned several things that were missing—I remember his saying rings were missing, and likewise his lordship's watch and pins—I did not go out of the room when I left him—I assisted Mr. Elsgood, who had come before that—he came
into the room before the prisoner—I assisted Mr. Elsgood in examining the body—I noticed a rushlight in the room—I cannot tell the length of it when it was placed up, but it appeared to have been burning a short time, I may say an hour—Inspector Tedman came in while I was there—after that I went down to the lower part of the house—the prisoner went with me—he did not say any thing to me till we got to the bottom of the house—he then said, "Oh, here is where they came in"—he pointed to the place where I was standing at the foot of the staircase leading to the basement—I could see the door which goes into the back area from where I was, and so could he—that door was open—I went and examined the door, but not with any great particularity then—the prisoner went to it first—it was not standing wide open, but it was open—the prisoner took it in his left hand, opened it still wider, and said, "Here is where they came in."
Cross-examined by MR. PHILLIPS. Q. You say the prisoner fell back into a chair? A. He did—I had an opportunity of seeing my lord's neck and face when it was uncovered.
Q. Was it not a spectacle to utterly shock and horrify any body who saw it? A. It was very horrifying, so much so as to affect the nerves of the stoutest, strongest man—it certainly affected me—I was not unnerved—my nerves were shaken, but I was not unnerved—I did not see Tedman at the door where the prisoner said they had got in—I left him up stairs—I found a silver candlestick in the bed-room, near his lordship's bed-side—I examined it, and ascertained that it was silver by the stamp—I judged by the appearance of the rushlight that it had been burning about an hour—I have been in the habit of seeing rushlights lighted and burnt—it had not burnt out entirely—it appeared to have been blown out—I judged it had been burning about an hour, from what was left.
MR. BODKIN. Q. At the time the prisoner came to the foot of the bed, and fell back in the chair, was the upper part of the body uncovered, so as to expose the wound? A. It was—Mr. Elsgood had uncovered it before the prisoner had come into the room—the candlestick was standing by the side of the bed, on a small book-case, between the two windows—it was as near to the head of the bed as it could possibly stand, being on the bookcase—there was an article of furniture immediately adjoining the head of the bed—it was not on that, but on the book-case between the two windows.
HENRY ELSGOOD. I am a surgeon, and reside at No. 14, Upper Brook-street, Grosvenor-square. I was called to the house of the late Lord William Russell on the morning of the 6th of May—I got there about half-past seven o'clock—I went up into the bed-room immediately—I found him in bed—the body was then covered up—the clothes were over the body, as usual with a person lying in bed, and the towel was over the face—I turned the clothes down and removed the towel from his lordship's face—when I had done that I observed the body to be lying on the back, partly on the right side, slightly inclined on the right side—there was some blood on the sheet which was turned over, and on the pillow, and also on the towel which was over the face—when I turned the clothes down, and removed the towel, the shirt-collar was wide open, and there was a sort of worsted network comforter, over the chest, drawn up to the chin—I was obliged to divide that comforter before I could see the wound—when I had done that I found the wound extended from the top of the left shoulder round to the part called the trachea—it went round to the
right side of the trachea, dividing the throat—that wound was decidedly sufficient to destroy life, and immediately—at the commencement it was about four or five inches deep, and at the termination, I should say, about three—it was made with one incision, I should say, decidedly, and with very great force, by the parts that were divided—it was a wound that might have been made with a knife or some such instrument—I have not been shown any knives that were down stairs.
Q. Having observed the body, and the situation in which his lordship was lying, and the nature of the wound, in your judgment was it possible he could have inflicted it himself? A. Decidedly not—utterly impossible—there was no knife, nor any instrument near his lordship whatever—I had never attended Lord William Russell—I had known him by sight for some time—I examined the body again on the Friday evening, and saw that the ball of the thumb of the right hand was nearly cut off, and there was a small incision below that—when I first uncovered the body the left hand gripped the sheet—it had a firm hold of it—there would be a great gush of blood from such a wound from the artery, to the left—I did not observe any appearance indicating that that had taken place.
Q. Was there any thing to show how that could have been prevented? A. There was a pillow at the left side of the bed, down by his lordship's head, which was saturated with blood, which induced me to say that had been used—not the pillow on which he was lying—it was at the corner, lying by his side—the corner down by his head had blood on it.
Q. How could that have been used to prevent the gush of blood? A. It might have been held directly over the mouth of the vessel, directly the artery was divided—the blood which had flowed from the wound had run through the bed and on to the floor of the room.
Cross-examined by MR. PHILLIPS. Q. Did you observe whether there was any thing on the counterpane? I do not mean any mark. Did you observe the miniature of a lady? A. There was a miniature there, I believe, which Tedman told me of—I do not recollect seeing it at all—Tedman had got there before me.
JOHN NURSEY. I am an apothecary, and live in Cleveland-row, St. James's. I was accustomed to be the medical attendant of the late Lord William Russell for many years—he was about seventy-three years of age—he had suffered from frequent diseases, and from asthma especially, and he was of a spare and feeble habit of body in consequence of that disease—on the morning of the 6th of May I was called to his lordship's house in Park-lane, and found Mr. Elsgood there—I examined the wound—I have heard Mr. Elsgood's evidence—I agree with him as to what he states about the wound being the cause of death, and being given by a sharp instrument with great strength—I could see entirely into the wound almost from one extremity to the other—I could not see behind, but I felt behind, and felt the bone—after examining the wound I felt interested as to what I saw, and requested those present to place every thing in the situation in which it was first found—Tedman, Courvoisier, and other persons were present—I requested them to place the things as they were at the time of the discovery—they did so—Courvoisier assisted in doing it—I entirely agree with Mr. Elsgood that it was impossible Lord William could have inflicted that wound upon himself—I have seen some of the knives in the house, the poultry carving-knife particularly—they were exactly such instruments as would have inflicted such a wound.
Cross-examined by MR. PHILLIPS. Q. I suppose a razor or any sharp instrument would have done it. A. Any sharp instrument would have done it.
MR. ADOLPHUS. Q. Do you mean, a razor would inflict a wound of that depth and length at one blow? A. I think it possible.
THOMAS SELWAY. I am servant to Mr. Cutler, who lives at No. 15, the adjoining house to the late Lord William Russell's, on the north side, towards Oxford-street. I went into the house on the morning of the 6th of May, about seven o'clock, hearing screams—I first heard screaming up-stairs, as I was dressing, then I came down and heard screaming at the front door—I made inquiry—it was stated what had occurred, and I went into the house.
Q. Did you hear the screaming up-stairs in the house, or were you up-stairs when you heard it? A. I was up-stairs—the screaming appeared to me to come from Lord Russell's house—from the attics—I did not hear screams from any other part of the house until I came down. stairs—the screaming then appeared to come from the front door—when I went in I observed the housemaid and the cook in the passage—I saw a cloak, an opera glass, and some other things lying in the passage, behind the front door—I then went into the dining-room—I found the prisoner there alone—he was sitting between the door and the window—he was not doing any thing.
Q. Did you speak to him, or he to you? A. I cannot recollect correctly, only I remember he asked me to go down to No. 100, Park-street, to ask the butler to come up—I do not know who lives at No. 100, Parkstreet—he did not say who the butler was—he appeared to be in a very agitated state indeed—he got up from his seat to speak to me—nothing more passed between us that I recollect—soon after that, two of the policemen came in—I then left the house, and returned to my master's—(looking at the model)—this wall separates the yard of Lord Russell's house from the yard behind my master's house, in connexion with that lead—directly I returned to my master's house, I went to the back drawingroom window, which enabled me to look on this flat—this is the wall behind Lord Russell's house—it continues on behind my master's house—the lead flat was very dusty indeed—I should say the lead is from three to four feet wide—it covers a flight of steps from my master's house.
COURT. Q. It is a lead flat which is let into the wall, and coven a flight of steps? A. Yes.
MR. BODKIN. Q. Did you observe any marks on the dust which was lying on the lead flat? A. I did not—I looked distinctly for that purpose—I believe no person could have passed over it in the state in which it was then, without leaving marks or tracings behind—these walls and the continuation of them at the back of my master's house, are whitewashed—I looked at them at the same time to see if there was any mark or scraping of any body having gone up there, and there were no signs of any thing of the sort—there is no mode by which any person could come from Lord Russell's yard across that lead flat.
Cross-examined by MR. CLARKSON. Q. You say the prisoner appeared in a very agitated state, did the two women appear in a very agitated state also? A. They did.
JOHN BALDWIN (police-constable C103.) I was on duty in Norfolkstreet, on the morning of the 6th of May—I went to Lord William
Russell's house a few minutes past seven o'clock—I saw a female at the door, who let me in—Rose was with me—I was accompanied into the parlour—I asked whether there was any man-servant, seeing the things lying about the parlour—she said, "There is the man-servant, sitting behind the door"—I saw a man sitting behind the door, with his hands up to his face—he had his face from me—I asked why he did not get up and tender us assistance—he did not get up or take his hands from his face—he made me no answer—I asked him after that, why in the world he did not get up and render some assistance, but he did not give any answer the second time—I turned round and said to Rose, "Rose, he must know something about this"—the man made no answer to that—I never received any answer—he was near enough to hear what I said—I remained there, collecting the things off the floor, and putting them together—I then accompanied Rose down into the kitchen, to see if there was any thing gone from there—I did not go into the front kitchen—I went to the back kitchen door, the door leading into the back yard at the very bottom of the house—it was standing open—I examined the door—the prisoner was not with me—I walked out into the area, and I thought there was no break in—I observed there had been marks of violence on the door—I then went into the butler's pantry, and saw a person sitting behind the door with his elbows on his knees, and his hands up to his face—it was apparently the same man at I had seen in the parlour—I told him I thought he had made a devilish pretty mess of it, and said, "You must know all about it"—he did not make me any answer—I never was answered by any one—I theft went and examined the back yard—there it a wall on the left hand side as you go out of the door at the back yard—on the top of the wall, there is a lead flat in the upper yard, the yard which is on a level with the passage which comes to the street door—I got up out of the back yard into the top yard—I got up by putting my foot on the window ledge, and on the door of the water-closet—Rose was with me—when I got into the top yard, I first observed the partition wall between Nos. 14 and 15, on the left hand of the yard—it is a white-washed wall—near the top of it, there is a ledge of slate projecting about two inches or two inches and a half.
Q. Were there any marks on the white-washed wall, showing that any person had climbed up? A. Not the least whatever, nor any dust brushed off—the ledge of slate was perfect, not broken—I took the steps and got up to the lead flat—I found the steps standing in the yard by the wall of which I have spoken, leaning against the wall—they were not in a position for a person to go up them at they stood—Rose pulled them out—they were not pulled out before, but standing close together—on getting up the steps I had a good view of the top of the lead flat—there was dust on it—there were no foot marks or any appearance of a person having passed over it at all—nor any finger-marks, for I tried it with my own hands—from the state of the dust a person could not have passed over it in the course of the night without marking it—I could not do it myself—I tried it with my hand to see if it would make a mark, and it did—I afterwards got on it and walked on it, and there were the marks of my feet upon it—I also examined the high wall at the back of the yard—there were no marks whatever on that of any person having got up it—there is a low building on the right hand side—I observed no appearance of a person having got out of the yard or got over there—Rose examined that—there were no marks whatever.
Cross-examined by MR. PHILLIPS. Q. What were you doing at the time you were angry with the prisoner for not giving you assistance? A. Looking at the things—I did not get any information of what was lost—I asked the females what was lost—I was angry with him for not assisting me—the females said they did not know what was lost—they did not tell me the things that were found in the passage.
Q. So that they gave you but little assistance? A. They did all they could—they did not tell me any thing—I could not have made any mistake when I got up on the leads—I did the best of my endeavours to see whether there were any marks, but I could find none—I would not make a mistake intentionally—I could not make a mistake there, because then was plenty of dust—I am not liable to make mistakes intentionally—when I tried with my hands I could see that I could make marks with my finger.
Q. A man doing a thing intentionally is a misrepresentation, not a mistake; but without intending it, have you not made a mistake in the course of this very examination at the house? A. I do not know that I did—when I first examined the kitchen door I thought somebody had broken in—I found afterwards that there was no break in—I thought there was at first, when I saw the door standing open—I did not think so after I examined the door.
Q. Did not you go down to the kitchen, examine the door, and first think somebody had broken in? A. The door was standing open—it might have been a breaking in I thought, till I examined it—I examined the door when I pulled it to, and could see there was no breaking in.
Q. Did you examine the door and think there was a breaking in at first? A. How could I examine the door when it was open—I examined it as soon as I got outside—I did not think there was a break in after I examined the door—I never said I did—it was from seeing the door open that I thought there was a break in—I laid my hand on the lead to see if I could make marks with my fingers—the dust was not very deep—it had been a fine night the night before—there had been no rain for some time.
Q. Tolerable good winds in the beginning of May I believe, were there not? A. Certainly there were winds—I should not say the wall is thirtyfive feet high—I never measured it—I do not know how high the whitewashed wall is from the ground—I was there a very few minutes.
Q. Perhaps you did not make much observation? A. I did all I could—it might be fifteen or sixteen feet high—I cannot say that it is double that height—it did not appear so, in my opinion—I cannot say how many minutes I was there—it was more than four or five minutes—perhaps a quarter of an hour or twenty minutes—I call that a few minutes.
Q. Have you heard of any reward being offered in this case? A. No, never—I have been a policeman several years—I joined it the first day.
Q. Now on the oath you have taken, do not you know that a placard with a reward was sent to every station-house in London? A. I never saw it—I never heard it to this day—I do not know what it is to this day—I never heard what the reward was—I never heard of it, or of any reward—I have been in Lord William Russell's house three or four times—I have not talked to my brother policeman about this dreadful transaction—I have seen him several times, but had nothing to say to him—I have not talked to different policemen about the murder—it has been men
tioned—I have not heard my brother policemen conversing about it—not with any parties belonging to the house.
Q. I am not asking about parties belonging to the house, but about your own brother policemen; do you mean to tell the jury that you have not over and over again conversed with policemen about the murder? A. I have certainly spoken to one or two, but never conversed with any body, not with the parties belonging to the house—I have spoken to people I know.
Q. To policemen? A. Of course I have—I cannot say to how many I have spoken to on the subject of the murder—I will not swear I have not spoken to twenty—I will not swear I have spoken to twenty—I might have spoken to twenty, thirty, forty, or a hundred.
Q. Why, then, did you fix upon one or two? A. I fix upon nothing—I spoke to nobody in no particular manner about it—I asked nobody noquestion—no policeman belonging to the house.
Q. Do you mean to persist in saying you never heard of a reward being offered? A. I do—I never was told of any reward—I can write my name—I cannot read much, I am not a very good scholar—I can read print in very large letters on placards—I belong to Vine-street station-house, Piccadilly—that is the station I have belonged to since the 5th of May—I am there every day—I cannot say how many policemen frequent that stationhouse—about 184—it is about three-quarters of a mile from Lord William Russell's house.
Q. Now, 184 policemen frequenting the same station-house with you, do you still mean, on your oath, to tell the Jury that you never heard of a reward being offered? A. I never was told of it—I never heard of the reward—I do not know what the reward is—I never heard of any reward—I never was offered any thing, nor ever heard of any reward—I did not suppose you asked whether any reward was offered to me—I say I know nothing about any reward—I was never employed in searching for the missing spoons or forks—I never read of 50l. reward being offered for them myself—I am a very bad scholar—there was something read out in orders about it, in the general orders.
Q. What was read out about it in general orders? A. There was some reward, but I do not recollect it—I cannot tell what the reward was for—I do not recollect the sum of money that was mentioned—it is a thing I do not take notice of, sums of money—I was present when it was read out—I do not know what sum of money was named—I cannot tell how long it is since it was read out to me—it cannot be so long as two months ago—I cannot tell whether it was one month ago, or a week ago—I cannot tell whether it was four days ago, or two days ago—it might be one day ago for any thing I know—I cannot tell whether it was yesterday—I cannot tell you any thing at all about it.
MR. CHAMBERS. Q. How long after the 6th of May were you first called on to give your evidence? A. I cannot say—something more than a week.
(Adjourned.)
FRIDAY, June19th.
The Queen against Francois Benjamin Courvoisier (continued.)
JOHN TEDMAN. I am an inspector of the C division of police. On the
morning of the 6th of May I was called to the house of the late Lord William Russell, about half-past seven o'clock—I believe I found the coachman or groom at the door, and one or two other persons let me in—they were servants in the neighbourhood, but I have not seen them since—my attention was directed to the door of the area, leading into the passage—there is only one door at the bottom of the house, leading into the back area, I mean the door on the floor even with the kitchen and the butler's pantry, the back door—it was open when I examined it—I saw it was bruised—I saw several bruises when I closed the door after me—they appeared to have been made by a blunt instrument—the door was bruised from the top to the bottom, all the way down in different parts—I also examined the doorpost—that was bruised also in a similar manner—the bruises on the door and door-post did not exactly tally—the door was bruised in one part, and the post in another—I could not tell exactly whether those bruises had been made by force from the inside or outside—the top part, I thought at the time, had been done from the outside, and the bottom part I thought had been done inside, by the bolt at the bottom—that bolt could not be fastened without a good deal of forcing, because it was in a very rusty state, as if it had not been fastened for a considerable time—I exerted myself to see if I could fasten it or not—if it had been fastened the night before, I should think it could not have been in the state I found it—some of the marks of violence were near that bolt—those marks appeared to have been made from the inside, and I had not the slightest doubt about the upper part—when I had done examining the door, I saw the housemaid and cook close by—in consequence of what they said to me, I went as far as the pantry—that is on the same floor as the door, close by—when I went into that pantry I saw the prisoner sitting on a chair behind the pantry-door, between that and the cupboard—Sarah Manser said in his presence, "Oh dear, my lord is murdered! "—I said, "Come along with me, and show me where the body of his lordship is"—I said so to Mantel and to the prisoner—I told both to come—I then went up to his lordship's bed-room with both of them, and the cook followed close after—I believe I went first nearly to the door, and when I asked which room it was, I really cannot say which opened the door—I asked for the door, and one of the three opened it, and we made one entry—on entering the room I found the curtains of the bed partly drawn—two of the shutters were open, of the far and middle windows—the shutter in front, where his lordship laid his face, was nearly closed—that was the shutter of the third window, nearest to the head of the bed—that was nearly closed—I opened that window shutter, and then turned to the bed—I saw the bed was covered over, the bed clothes lying as if the body was covered over, and a napkin over the face—I pulled the napkin off, turned the clothes down, and saw a great quantity of blood in the bed, from his lordship's head down to the middle—the blood was in the bed, and on one pillow, there was some blood, but not much—I took the napkin off his lordship's face—he looked as if he was asleep—his eyes were closed, and the tongue protruded a little way out—just as I was doing this, the prisoner was standing at the foot of the bed, and fell back in a chair, and said, "Oh dear, this is a shocking job, " or "a shocking thing, " (I am not certain which, ) " I shall lose my place and character"—I sent for a surgeon, who came and examined the body—there was a watch-stand standing on a night table, close to the head of
the bed, between that and the window—there was no watch in it—I also saw a Russia leather little box, and a mahogany box, which I have here, and two note cases—(producing them)—here is the watch-stand, the Russia box, the mahogany box, and the note cases—the note cases were lying side by side on the night-table—the Russia case was opened, and the silk note case also as they are now—there was nothing in them—upon finding these things, I asked the prisoner if there was any thing missing, pointing first to the watch-stand—he said, "Yes, " the watch was gone—I asked him if his lordship had any money, much money about him—he took hold of this note case, examined it, and said, "Yes, there was a ₤10 and a ₤5 note in that yesterday in the box"—that is the brown note case with the blue border—I asked him if there was any thing else missing—he said he did not know, he did not think there was—I proceeded to make further search—there was a book on the floor by the side of the bed, with a pair of spectacles in it—it was on the same side, between the bed and the window—it laid open with the spectacles in it—I asked the prisoner, "How did this book come here? "—he said, "I left his lordship reading that when he went to bed last night"—I searched this Russia, box, and found in it a gold ring, a spectacle-case, and two coins, one is copper (I do not know what the other is) and this old note case, which is a third one—that is all I found in that box, except two or three bits of paper—this mahogany rosewood box contained two tooth-picks and two medallions—I then went to the table between the two windows—between the window in front of his lordship's bed, and the middle window—I found a silver candlestick upon it—I have called it a table, but it is a book-shelf, not a table—it had a top to it, and the books were below—the candle was burnt out with a little snuff in the bottom—I have it here—(producing it)—that was standing on the book-shelf, five or six feet from the head of his lordship's bed—a person lying on the bed could See to read by the candle, because it was right in front of the face.
COURT. Q. Could a person who was lying in bed reach that candle? A. No—no person could reach it from out of the bed.
MR. ADOLPHUS. Q. I believe after this, the surgeon came and examined the body? A. Yes—I found no instrument by which the wounds could have been inflicted—there was no such thing near the place, I mean not near the bed—there was in the room—it was not within reach of any body in the bed—on the book-shelf, near the candle, I found this Russia case with four ivory rouleausfor sovereigns in it—I have not examined to see how many sovereigns they would hold—I asked the prisoner if there was any thing missing from there, pointing to the book-shelf altogether, he said, "Really I cannot tell you, but Ellis knows" (Ellis was the late valet, to Lord Russell—he is now with Lord Mansfield) the little Russia box was standing open—the tray was separate from the box—the prisoner told me it belonged to the box—on the next table, between the other two windows, I found a pair of boot-hooks, and a gold pin—I looked at it, and the prisoner picked it up, and said his lordship wore that yesterday—I found a quantity of silver articles on the table where the looking-glass stood—in the corner of the room near the last window—the looking-glass was on the table, a shaving-box, and these silver articles all about the table, as a gentleman's dressing-articles would be—there is a crest on them all, I believe—there was an eye-glass, two razors, and some other things—there was no blood, or the slightest mark on either of those razors to denote that they had committed the act
—there were four other razors—I say the same of them—there were halfa-dozen walking canes in the room, four of which have gold about them—on finding these things I said to the prisoner, "It is a very curious thief to leave all this valuable property behind"—he said, "It certainly is very strange"—I did not ask him any thing after that—I then went to the next table, upon which was a dressing-case, which had been wrenched open—I am now speaking of a little table at the foot of the bed, near the fire-place—this is the dressing case—(producing it)—it was standing in this way, with the back of it towards the bed—the lid was on it, a little way out of its place—it had been wrenched at the hinges, and I consider that was done after it had been unlocked—it was still locked—the lock remained up—I consider that it was unlocked before it was wrenched, and the hinges afterwards wrenched, forced back, without any instrument—it appeared to me that the box being locked had been opened with a key, the top thrown back, and the hinges broken, and then locked again afterwards—a bunch of keys were found in the back drawing-room, one of which fits the box—Mr. Weymouth, I believe, has them.
COURT. Q. You say you suppose the dressing-case had first been unlocked, and then the hinges wrenched back—can you give any reason what you form your judgment on? A. Because I consider if they broke the front part they would not have wanted to break the back—they are inside hinges—there is no mark at the back of their having been praised.
MR. ADOLPHUS. Q. Could it be opened from the back without some mark being left? A. I think it must have left some mark, but I am only giving my opinion of it—after the prisoner and I had examined that box I said, "Is there any thing missing from here? "—there were five gold rings in that dressing-case, and four glass bottles with silver tops—we were counting them—he was looking at it with me—when I asked if there was any thing missing from there, he said, "Yes, five gold rings, which his lordship wore yesterday"—they were missing—here are four mourning and one gold chased ring—when he spoke of the five rings his lordship wore yesterday, he meant five other rings—he had looked into the dressing case when he gave me that answer—I asked him if there was any thing else missing from there—he said, "I can't tell you, but Ellis can"—from there I went to a cupboard, in the left-hand corner as you enter the room—I there found four silver-mounted tobacco-pipes and an opera-glass—I then examined the wardrobe—I asked the prisoner if there was any thing missing from there—he said, "I don't think there is"—the locks of those places were perfect and uninjured, and the hinges not touched—I found a rushlight-stand with a rushlight in it—about a third of it was burnt—the prisoner told me, when I looked at it, that his lordship always had a rushlight burning at night—I asked him what time his lordship went to bed last night—he said, "About half-past twelve, or a quarter to one o'clock"—there was a key in the bed-room door, inside—I asked the prisoner if his lordship locked the door of a night—he said, "No, he never did"—I do not believe I made any observation on the door—the door opens and shuts very gently—I do not think a person lying in bed could hear it if they were awake, when the carpet is down, it is impossible—I went from there to the front drawing-room—there was nothing there worth noticing—I then went to the back drawing-room, which is a room in which there are books—I found the Davenport writing-desk turned round a little, moved a little out of its place, and some papers lying on the ground—the papers inside were in confusion, and appeared dis
turbed—I saw a screw-driver on the chair which his lordship used to sit in to write—I believe Mr. Pearse has it—there was a bunch of keys lying by the side of the Davenport writing-desk—I asked the prisoner if the screwdriver belonged to the house—he said, "I believe it does"—I asked him, "Did his lordship use it yesterday"—he said, "I am sure I can't tell you, " I then went into the front parlour, or dining-room—I found some drawers in the side-board pulled out, and plate and plated articles lying about on the floor—I said to the prisoner, " Is there any thing missing from here? "—he said, "Some spoons and forks, but I cannot tell you how many at present; " I do not think there were any left—I found a cloak, an opera-glass, and a great many things in the passage—I asked the prisoner if they were his lordship's property—he said, "Yes"—I said, "No thief would ever leave this property behind"—he said, "It is certainly very odd"—I asked him if he had locked the street-door at night when he went to bed—he said, "Yes"—he showed me how—he put up the chain, and locked it, and put the two bolts to—he showed me just as he had left it the night previous—the upper and bottom bolts bolted—I asked how he found it that morning, and after he had unchained, unlocked, and unbolted it, and put the spring of the lock back on the hook, he said, "As you see it now"—the area door of the front kitchen was undamaged, nothing arises from that—there is a door at the end of the street-door passage which goes into the yard—half of that door is glass—that door was not disturbed or moved in any way—the chain was on it, and it was bolted—it had never been disturbed at all—there is an inside shutter to that✗ door, but it was down—it could be taken down without undoing the fastening of the door—it is an inside shutter, it slips down—it shuts up the glass part—when I saw it, the shutter was not placed against the glass—it was the same as it is kept in the day-time—the glass was unbroken—there was not a mark on that door—the area gate was entire—nothing had happened to that, it was locked—that is the area that leads into the street—there is no gate to the back area—I afterwards went into the pantry and saw a press there, in which were some drawers—those drawers were open—the top one was forced, as if it had been done by a chisel or screw-driver—the lock was sprung, as if it was left locked, and forced open in that state—the articles in the drawers were disturbed—there is a window in the pantry—I asked the prisoner whether the window had been fastened that night, whether the window-shutters had been put to, and whether it was fastened—he said, "I do not think it was, I can't say exactly, I am not certain"—I then went to the back door on the basement story, that was found bruised, as I have stated, very much—the prisoner assisted me to examine that door, and pointed out some marks which I had not seen before.
Q. Did you say any thing to him on the examination of that door? A. Yes, I said, "Some of you in the house have done this deed"—he said, "If they have I hope they will be found out"—I said, "There is not much fear but what they will"—I looked about to see how any body could have broken into the house—I examined this wall (pointing out on the model the wall between Nos. 14 and15) but could not see any mark of any one having come down that way—there were some slates near the top of the steps, which I should think must have been disturbed by anybody descending that wall, but I could not say exactly—I saw Baldwin going up the steps to examine it—I should think no one could have got
down that wall without disturbing the slates—there was a quantity of dust on the slates, and that was not disturbed at all—I went up on the leads, but Baldwin and Rose were up there before me—there was a great deal of dust on it.
Q. Could any person or thing have trampled on that dust without making marks? A. I think it impossible—I think a man passing there must have left marks of his feet behind—the weather just before had been dry and windy—if a person got over the opposite wall, that is Sir Howard Elphinston's house—I should think they could not have got into Lord Russell's house that way—I examined that carefully and could see no mark—the other constables had not been there—there is a water-closet—they could not have got to the house without getting on that water-closet, and I should think they could not have got on the water-closet without disturbing it—it was not disturbed at all—there is a deep area on the other side of that wall, much deeper I believe than on this side—I examined it, I did not measure it.
Q. Did you go with the prisoner into his own bed-room? A. Yes, he showed it me—he took me up stairs—I there found a purse containing a 5l. Bank of England note, and six sovereigns—I gave them up—I asked the prisoner how he got that note—he said, he gave his lordship change for it a day or two ago, and the rest of the money was his own, he had had it some time—he showed me his box which contained his linen—I examined every thing in it as I went along, but saw nothing to tend to explain this case at all—he had the key of the box himself—it was left in the room—I left it with him—he left the box open every day.
Q. What had he on at the time? A. In the morning a sort of round morning jacket, and a clean shirt, apparently a very clean one—the prisoner was from that time, though not in custody, yet under the watch of the police, and the female servants also—care was taken to prevent their having any conference with one another—the prisoner was not debarred or hindered from going to his own room if he pleased—he was taken into custody on Friday, the 8th of May, in the afternoon part—he was not taken out of the house till Sunday night, but there was a constable with him constantly in the room, from Friday till Sunday—he was not exactly in my custody, but there was a constable with him—he was taken to the stationhouse on Sunday night, the 10th, and before the Justices, at Bowstreet, on the Monday—there were several examinations, and he was finally committed—on the evening of the 13th, while he was in custody, application was made for some linen for him—his uncle came to the door, and said his nephew wanted a clean shirt and stockings—I did not see the prisoner afterwards, so as to let him know what his uncle had said or done.
COURT. Q. What did his uncle ask for? A. He came to the house and said his nephew wanted some clean linen—I had had directions to send him whatever he required—I did not go up with the uncle to the place where the linen was.
MR. ADOLPHUS. Q. Did you go up to the box? A. Next morning I went up with sergeant Lovett—I did not send the linen that evening, as I was going to Bow-street myself next morning—I went up with Lovett next morning, took a shirt out, unfolded it, held it up by the collar, and these gloves dropped out of it—(producing a pair slightly stained with blood)—I first unfolded the shirt on the bed, and shook it,
and these gloves dropped down into the trunk—they are such gloves as servants wear when in attendance on their masters, white cotton gloves—I had not seen those gloves when I examined the trunk before.
Q. Had you examined with sufficient accuracy to tell whether they were there? A. I pulled the things out, and laid them on the bed, but I certainly did not examine so accurately as I did then—I had unfolded them, but not shaken them—the gloves dropped down when I shook it—I did not perceive them when I unfolded it—I unfolded the shirt, and did not find them before, and I unfolded it then and did not find them.
COURT. Q. Describe how you unfolded the shirt this time? A. I undid it—I unfolded it, as if it was lying on a table or a bed, and then held it up and shook it—I did not find the gloves when I unfolded it, but when I shook it I did—when I first searched we unfolded the shirts on tbe bed—I and Beresford merely unfolded them.
MR. ADOLPHUS. Q. Did you make any further observation at that time on the linen? A. No.
Cross-examined, by MR. PHILLIPS. Q. Have you one of the shirts here? A. Yes—I do not think I have a clean one—the prisoner had all the clean ones.
~COURT. Q. Did you examine the prisoner's hands, to see if there were any scratches on them? A. I did—I noticed them that day, and also on that day when I took the gloves—I first examined his hands on the first day, on the 6th, when I examined his room—I did not see the slightest scratch or mark.
MR. PHILLIPS. Q. Did you consider it your duty to examine the trunks of the different persons in the house when you were first apprised of this melancholy transaction? A. They all wished me to do it, both the prisoner and the other servants—I did do it—I examined the prisoner's trunk, to see if there was any weapon or any article with marks of blood on it—I satisfied myself on that subject—I searched as carefully as I possibly could.
Q. Mind the form in which I put this question; when you talk of the morning of the 6th, is this true, that you "found two shirts, which you looked at, and found them free from spots? " A. Yes—there were several shirts—on the 14th I unfolded the shirt which I was about to give for the prisoner's use—I unfolded it in the same way as I did in the first instance as nearly as possible, I think—on the 6th I took out every article in the trunk—I and the prisoner both replaced them—I assisted him—whatever was done by him was done in my presence—the prisoner had access to this room, and several of our men and the women also—there was no speck of blood on any thing that I saw in the trunk on the 6th—there was no mark on the area-door with the glass to it, on the 6th—I examined it for the purpose of seeing whether there were any marks.
Q. Now, I ask you, not who may have done it, but are there not a number of marks now on that very door which had none on the 6th? A. There are, and also on the post of that door—they appear to have been made with some kind of instrument—the prisoner was under the inspection of the police from the very time of our entering the house—my orders were to keep them separate—that is what I mean—sergeant Pullen was appointed over the prisoner—he is with me at the house now, and Cronin, a constable, who is here—I did not find any weapon in the prisoner's trunk on the 6th.
MR. ADOLPHUS. Q. You have been asked about unfolding the linen; did you, either✗ on the 6th, 13th, or 14th, when you went for the shirt, do more than lay it down and unfold it, as you would linen you wanted for yourself? A. I have said I shook it—I unfolded it and shook it—on the 6th I only unfolded it.
Q. In that unfolding might a pair of gloves be in the shirt and you not see them? A. I cannot say—there might be—when I held it up by the collar, and shook it, every thing that was in it would come out.
Q, Was the extent of your inspection of the prisoner such as to prevent any body from visiting and speaking to him, or only to prevent the women? A. Only to prevent the women—nobody could have any conversation with the prisoner but ourselves—it was to prevent any body having conversation with him—that was the inspection under which both he and the females were placed—I was not present when the marks were made on the glass door—I did not see who made them—I know nothing, of my own knowledge, of any being made—I had charge of the premises, that is all.
COURT. Q. Did you order any to be made? A. No—I only had charge of the premises.
MR. ADOLPHUS. Q, There were none on the 6th, but there were afterwards? A. Yes—they are there now.
WILLIAM ROSE (police-constable D124.) I went to Lord Russell's house on the morning of the 6th—I went into the back yard with Baldwin—we examined the wall between Nos. 14 and 15—(looking at the model)—this little edging represents some slates which are let into the wall—they project about as much as this in proportion—that edging of slate was not in the least disturbed or interfered with—the wall itself is whitewashed—I did not observe the least marks upon that wall, not before I made any myself—I saw the lead flat, which covers a stair-case on the other side of the wall—I went up for the purpose of examining it—I went first—Baldwin was with me as far as the lead—there was a deal of dust on that lead flat—there was no mark on the dust, as if any person or thing had crossed it—I tried whether a foot or band placed on it would leave any impression—there was sufficient dust on the lead to write your name in it—I also examined this small building on the opposite corner—it is covered with a tiling—this black line represents a board in front of the tiling, to throw the water off—what is called weather board—neither the tiling or board was at all interfered with—that piece of weather board is quite strong enough to bear the weight of a man—I examined the premises on the other side—it is a mews, I believe—there is a bottle rack in the back yard of the next house—I went over the leads of Lord Russell's house on to the leads of No. 15—I did not go into the premises on the other side.
Cross-examined by MR. CHAMBERS. Q. Was it a windy night that night? A. I was not on duty at all that night—I was in the morning—it was very cold then.
HENRY BERESFORD. I am an Inspector of police. I received information at the station-house about ten minutes past six o'clock in the morning of the 6th of May, and went to Lord Russell's house—after looking at the body I went down stairs to the bottom of the house, to a door which leads to the area at the back—I examined that back area door and saw several marks upon it, and also on the door-post—my impression was at
first, that the marks had been made with the door open entirely—I looked at the marks on the door-post—I could scarcely tell with what instrument they had been made—my impression was then that they had been made from the inside, and with the door open—upon further inspection and examination that opinion was altered—I think the marks were made by inserting some instrument between the door and the door-post—the door and door-post do not close exactly, and some instrument had been inserted—I think the marks were made by a person standing outside the door—they might have been made when the door was bolted and fastened, but I think the door was merely on the latch—I think the instrument could not be inserted sufficiently if the door was bolted—that is merely my opinion—the marks did not appear to have been made with n chisel, but I should say with a hammer—I tried that experiment with a hammer upon the halfglass door up stairs leading into the yard, and Pearse also tried—when I first went to the house there were no marks on that door, but Pearse afterwards took me to show me the experiment he had made—the marks on the door and door-post of the back area door were not on the same level—the marks on the door were something lower—(part of the door and door-post were here brought into court)—when I got there the socket of the top bolt was lying on the ground—I examined it, and could see some instrument had been put into the socket—it was a dark instrument, at it had left a black mark—it was such a mark as might be left by a poker—that mark could not have been made when the bolt was shot or fastened—the socket was inside the door—I looked at the lower bolt—the socket of that bolt was not injured—it appeared as if it was slightly sprung, but on more particular examination I do not think it was—it was merely from rust and decay—it is much decayed—the bolt would not act in it—I attempted to bolt it, and it was with the greatest effort I could mote the bolt at all—this is the first rail of the door and the door-post—this is the outside of the door next the yard—these are the marks I allude to—one is below the other—if an instrument had been put in, which it must be to get a purchase, it would be quite impossible to do that without injuring this edge of the door, as the point of the instrument must necessarily fall on the edge of the door, and there is no injury whatever on the edge of the door—there is a mark made, but that is not the means by which the door could be prised open from without—there are a great many marks in the place whore the bolt never met the socket—the door shuts in a rabbet—here is no mark on the edge even opposite all this violence—(the witness pointed out to the Jury the various marts on the door and door-post, to which his evidence refers)—there are marks of violence on the door-post by the lower bolt—I believe these marks to have been made with a screw-driver or chisel—I am speaking of the marks outside on the door-post opposite the doorbolt—there are no marks on the door opposite to this to correspond with them, scarcely any violence at all—there is one impression, but nothing to correspond with the violence on the door-post—to make the violence on the door-post the instrument must catch here—the next mark is what I have described, as I suppose being done with a hammer—that mark is about six inches below the handle of the latch outside, and is both on the door and on the door-post, one slightly below the other, that on the door being the lowest—I should say both those marks were done from the outside—I am quite certain they were made at the same time, and when the door was closed, from the experiment I
tried on the other door—they were certainly not made with sufficient violence to prise open the door—I am quite satisfied of that—not if the top bolt was bolted—if the latch only were latched, it would be sufficient to resist the violence made, even if unbolted—between that and the top there are five marks of exactly a similar nature, with more or less violence—why I feel certain the latch would resist it, is because I tried the upper door with only the latch, and I could make quite as much violence on that door with the latch only resisting, without any bolt—nearly opposite the top bolt outside there are two marks which I have described—I should say all the marks, except those at the bottom bolt, were made with the same instrument—I have no doubt of it—there is certainly not sufficient violence to the top bolt to have forced the socket off from the outside, if it was bolted—supposing the door to have been prised open from the outside, the bolt could not have forced the socket off in the way in which it appears to have been forced off—there are marks inside the socket which it is impossible the bolt could have made—it could not have been forced from the outside without making considerable violence on the door—the mark is partly destroyed, because the plastered wall comes up to the door, and in taking the door away the impression was partly destroyed—it could not be avoided, but still here is the mark of the impression—when I first saw it the dust had come down upon it, and it was evident that the socket had been taken off from the inside, with the door open, because I shot the bolt and found it would not make the marks here made, because it would not touch them—it would not reach this mark within half an inch—I felt quite certain it could not have been made by the bolt itself—the mark of the instrument appeared to have been recently made, because on the end of the instrument reaching the mortar, it had made an indent there, and the dust was there—it had been made within twenty-four hours, I should say—I believe there are no other marks inside the door-post—here is the socket—I found the door would not shut within a certain distance, and this piece of wood was put on to show the exact distance the door would be open in its natural state—it was nailed on to prevent it going further than it would before—it is in the state it was before—the bolt will not reach this black mark here, nor will it touch any of the marks that appear here.
JURY. Q. The wood of the door-post is not at all rotten, is it? A. Not that I can perceive—the nails are all bright now, but they were rusty.
MR. CHAMBERS. Q. Were you in Lord William's bed room when you went to the house with the prisoner? A. Yes—I went up with the prisoner and Tedman almost immediately—I wished to see the body—I almost immediately asked the prisoner all the articles that were missing, that I might circulate them through the police generally—I asked him to describe them as nearly as he could—among other things he described a gold watch, but not at that time—he kept saying, "You had better send for Ellis, Ellis knows better than I do"—he mentioned several articles only slightly, and said Ellis would know much better than him—I went down and examined the door, and afterwards went up and had all the articles described as well as he could tell me—I went down and examined the door, and afterwards returned up stairs with him again—it was then he gave me a description of the articles, after my return to the bed-room—he mentioned a gold watch, and showed me where it always stood, in a case alongside his lordship's bed—he said it was a gold watch with three seals
attached by a black ribbon—he told me the watch was made by a foreign or French maker, but he could not tell me the name, but it had "Lord William Russell" engraved on the case—that is all the description he gave me about the watch—he said one of the seals had Lord William Russell's coat of arms on it—he said he knew it was something about a goat, but all at once he said he would go and get me the impression of his seal—he went and got a wax impression—in the course of the day I went up into the prisoner's bed-room with Tedman and the prisoner—I believe Mr. Mayne was there too—that was the first time his box was searched—it was about the middle of the day on Wednesday—in a black trunk or box between two waistcoats, about the centre of the box, I found a chisel—this is it—(produced)—when I first went into Lord William Russell's bed-room, I had seen a rushlight shade, with a rushlight partly burned—I afterwards received a rushlight from one of the servants, I believe Sarah Manser—I lighted it and tried the experiment how long it would take to burn down as far as the one I found in the room—it took about half-an-hour as near as possible.
Cross-examined by MR. PHILIPS. Q. Did you find the door of the prisoner's chamber open? A. When I went up to search his box, I really will not undertake to say whether it was or not—it was not locked, certainly, at all events, I should say—I really do not recollect whether it was open—I do not know that there is no lock to the door—I never took that notice—I really do not recollect whether there is a lock to the door or not—I was not in the house when you and Mr. Clarkson went up to that room—I do mean to say that I do not recollect whether there is a lock; I believe there is, but there may not be—if I have any belief, it is in favour that there is a lock, but there may not be—the trunk was not open—while we were searching the bed I ordered the prisoner himself to get the trunk open for my search—I suppose he opened it, but we were taking the clothes off the bed very carefully one by one, and I really cannot tell I did not notice whether the trunk was locked or not—the same search was made of the two female servants as of him—I cannot tell whether the trunk was locked or not—I should say I took about half of the things out before I came to the chisel—I certainly took the things that were at the top of the trunk, off.
Q. Did you go to examine it, or had you any specific object? A. On finding the marks on the door, my impression was that they were not made by a house-breaker, and that no house-breaker had got in, and my wish was to examine all the trunks to find if there was any thing suspicious—I went to the trunk for the purpose of examining its contents—I took them out—I did not undo every article—I do not think I took all the articles quite out, for when I got just to the bottom I believe I turned them from one end of the box to the other—I examined sufficiently to convince myself that there was nothing suspicious to be found.
MR. CHAMBERS. Q. Was there more than one trunk or box examined there? A. There was—I examined a black trunk, or I should better have described it as a portmanteau—the prisoner saw me take the chisel out—he did not make any observation.
Q. Did you open any of the articles? A. I think I recollect two shirts—I opened them merely to look at the wristbands—I did not shake them nor turn them out.
NICHOLAS PEARSE. I am an inspector of the A division of police. I first went to the house of Lord William Russell on Wednesday, the 6th
of May—after being up stairs I went to the lower part of the premises—I examined carefully the marks on the door and door-post of the door leading out into the back area—it was not my opinion that it was done for the purpose of breaking in—I arrived at that conclusion after my examination—the socket which receives the bottom bolt was on—the upper one was forced off—that appeared to me to have been done by some instrument put into the socket when the door was open, and the instrument wrenched both ways to prise it off—I think that was the case, by the marks on the wood of the door-post—it was on Thursday I more particularly examined it.
Q. Explain what marks satisfied you that it was forced off by an instrument put into it? A. The top nail was in the socket, and the other nail was at the bottom of the door outside, and the nail bent—when the door is bolted, the bolt does not come to the wood by half an inch—then is a mark on the wood, and the wood is driven back by some instrument, and it appears very recently done—I found marks at such a distance that the bolt, when shot into the socket, could not reach them—I have no doubt those marks were made at the time the socket was forced off—I found this poker (produced) in the fire-place in the pantry—it is bent—it was in the same state when I found it as it now appears—such an instrument would make similar marks to those of which I have been speaking, on the wood—I found a screw-driver on a shelf in the same pantry—I applied that to some marks on the door, and it corresponded with them—I found this hammer (produced) in a cupboard in the pantry—I fitted this to some marks on the door and door-post, and it corresponded with them, by placing the claws of the hammer between the door and door-post when shut, on the outside—supposing the door to have been bolted inside, the pressure caused by the claws of the hammer would not have been sufficient to force it open—it would not be possible with such an instrument to force that door inwardly, supposing it to be bolted inside—the marks by the upper bolt and socket could not possibly have been made by a person on the outside, supposing the door to have been fastened—I found the bottom socket started from its place, but not off—the bolt was rusted in the socket—I should say it had certainly not been used lately—there were marks of violence by that lower bolt—that violence would not be necessary, supposing the bolt had not been shot—I found some marks near the bolt, which, in my judgment, could not have been made if the lower bolt had been shot—(pointing them out)—here is a mark on the rabbet, as if an instrument had been put in from the outside between the door and door-post—if the bolt had been shot, that could not have been done—there is a mark on the outside which corresponds with the mark I have alluded to—that mark apparently done by an instrument such as this screw-driver—a person outside could not have made the mark inside in the rabbet—he could have made the mark on the outside.
Q. From all your observation and examination of the door and post, in your judgment did any person break that from the outside or not, to enter the house? A. Not to enter—some of the marks were made outside when the door was to, and some of them when the door was open—a breaking into the house could not have taken place by means of that door, not by the marks made—I made some experiments on the half-glass door, on the ground-floor—some were made only last Saturday, and some before—till those experiments were made, that door was uninjured, and unmarked in
all respects—I made the first mark on it myself with the hammer—I made those experiments to see if such an instrument made such a mark as we discovered on this door, and it appeared to do so—there is a latch on the half-glass door—an experiment was made on that door while it was on the latch—it was made with a hammer, by placing the claw of the hammer between the door and post, and pressing the handle down—the latch resisted the pressure—it made a similar mark to those on the door below, equally deep—I found this pair of tongs, which I applied to this part of the door of the safe in the pantry, which had been forced open—(producing it)—the mark on this appears to have been made with the tongs—it is a black round mark—I also found a chisel in that room—I compared the screwdriver with some marks on the safe, and there were two marks which appeared to have been made with that.
JURY. Q. Was the bolt shot when you tried this to the door? A. Yes—it was placed back with very little difficulty.
COURT. Q. That is the bolt of the lock of the pantry safe? A. Yes.
MR. BODKIN. Q. On the Thursday did you make any inquiry of the prisoner about any missing property? A. Yes—I asked him if he knew what money or property had been taken—he said he had seen a 10l. and a 5l. note in a purse a few days ago—I asked him where the plate was kept that was found in the passage—he pointed out a cupboard in the sideboard in the dining-room—1 do not think he mentioned any other things as having been missed—I searched the prisoner's box on Friday—Shaw, a constable, was present, nobody else—I was not there at any time with Tedman when any search was made in his room—there was a portmanteau, a deal box, and five drawers in the room—I turned the things out—I did not find any thing that attracted my attention—I saw the shirts—I cannot say that I opened them—to the best of my recollection I saw two clean shirts—they were in the portmanteau, to the best of my belief—on the same day, Friday, I made a search in the prisoner's pantry—at that time work-people had been brought into the house to open the drains, and make search of that kind—they had taken up the drains—I commenced my search by the side of the fire-place, between the fire-place and the sink—the sink is near the fire-place, under the window—(referring to the plan)—this is the sink in a recess under the window, just at the corner of the fire-place—I took off a piece of skirting-board which runs from the fire-place to the corner, meeting this piece which forms the angle on to the sink—(producing the two pieces of skirting)—I took this piece down first—this is the piece that faced me—when I pulled that down I saw the purse which I now produce—it was about two inches in behind this piece of skirting which remained—I perceived that the mortar had been disturbed before I took this piece of skirting away—I found in the purse five gold coins—one was in paper—five gold rings, one a wedding-ring, and a small bit of sealing-wax—(The coins were here produced)—I then took away this piece of skirting-board which ran under the sink, and found this silver Waterloo medal, and a little further on this ₤10 Bank of England note folded up—it had nothing round it—the place from which I took it was quite dry—it was very near the fire-place—the prisoner was in the dining-room at the time I found these things—I went up there directly after finding them—he was, to the best of my knowledge, sitting down when I went into the room, but I saw him standing up—I think constable Collier was with him—there was a constable in the room—I
took the things I had found up with me, took them out of the purse, and laid them openly before him, and laid the note on the table before him—I said, "I have found these things concealed in your pantry, behind the skirting-board"—he said, "I know nothing about them, I am innocent, my conscience is clear, I never saw the medal before"—I took him down into the pantry, and pointed out to him the places from whence I had taken the things—he again said, "I am innocent—I know nothing about them"—he remained in the pantry for some time, and I proceeded in my search while he was there—a water-pipe goes round his pantry, and continues into a scullery adjoining it, into which there is a door from the pantry—one of the workmen was removing the pipe which goes round into the pantry, between the pantry and the door leading into the vault—Collier was on my side, and I heard some one say, "There is a ring"—I saw the workman put up his hand behind the pipe, nearly to the bottom part of it, and take the ring from the pipe, and I took it from him—it was one of the men employed there—this is the ring—(producing it)—it is a split-ring—I continued the search—a pen-mender was found in a drawer in the pantry—the things I have mentioned were all I found secreted below on the first search—after searching below I went up to the prisoner's bed-room, and there searched his person—I found about 5s. in silver, a small locket, and a small bunch of keys on him—I did not apply any of those keys to any of the drawers or doors in the house—there was a variety of keys of different sorts—the name of Lord William Russell is on one of the rings of the keys—he said the locket was his own—I have no reason to believe to the contrary—I then again went below into the pantry, but found nothing more—other officers were pursuing the search, assisted by workmen—I saw the hearth-stone taken up the same afternoon or evening, after the split-ring had been discovered—I think the prisoner was not there at the time—I did not myself see any thing found there—the hearthstone was very firmly fixed in the ground—I should say it had not been recently removed—I did not perceive any chink or opening between the✗ flooring boards and the hearth-stone—I received this tea-spoon and saltspoon from Sarah Manser—(producing them.)
Cross-examined by MR. CLARKSON. Q. I think I understood you to say that you made some experiment with the door leading into the backyard? A. Yes—that is the door which is partly glazed—I also made the experiment on the door-post—it was done at the same time—I am the person that did it—I did both at the same time—I did some on Saturday last, and there were marks some time before—I cannot tell the date—it might have been a week.
Q. Are there any marks either on the door or posts of the door that were not made by yourself? A. Yes—I think there is one—that was made in my presence by a man named Craker, a carpenter.
Q. Now, for the purpose of pointing out to the jury the result of your judgment of the violence you found on the door before you, you have cut away part of the door, and brought here? A. I had formed my opinion—it was not from the result of my experiment alone that I came to my conclusion with reference to this door.
Q. Did that assist your judgment? A. It confirmed it—the comparison of the marks I made on the other door and post confirmed my judgment that a similar instrument would make such a mark—I did not
think it requisite to bring the other door and post here—I thought what was brought quite sufficient for the jury to form their judgment—I made the experiment to show Craker that a hammer would make such a mark—that was partly the reason why I made the experiment—I certainly applied the instrument in the presence of Craker, just to see that a hammer would make such a mark—it was not with the hammer that is produced to-day that I made the experiment, but a similar one—not the hammer to which I attribute these marks, but a similar one.
Q. Why not use the same? A. Being fearful it might get out of its place, so that I could not produce it in the state in which I found it, I was fearful I should alter the state of it—I have not the hammer here with which I made the experiment—the glass-door is not here, and I have not brought the hammer—it did not occur to me that I should be asked whether the hammer was the same or not—if it had, I should have brought it.
Q. Were there any experiments besides the one which you have spoken of, made by any body but yourself? A. I do not know—Inspector Beresford was there—I did not see any—I saw Craker apply a pair of tongs to the glazed door—I have seen it put to, to compare the marks with the tongs—I never saw the tongs in the Commissioner's hands—I saw a man named Christie, who, I believe, is a builder or carpenter—I do not know that I ever put it into the hands of any person, but several might have seen me do it—no one did it that I recollect but myself—I do not know that any one made the experiment with the tongs besides those I have named—Beresford might have done it—I do not recollect seeing the tongs in his hands—Collier did not have the tongs in his hands in my presence, not to my knowledge—no, Collier had not the tongs—I think I can safely say so—he did not have the tongs in his hands making the experiment in my presence—he stood by and saw me compare them—I have no recollection at all of ever having seen the tongs in his hands—there was no other instrument used to try any experiment on that door but the tongs and the hammer—I remember some gaping experiments on the door-post at the edge, two or three pieces out at the corner—I believe they were made with the hammer—I must have made them, because I was the only person that applied the hammer—if I saw the door I could tell—I made as many as eight or ten, and I have no doubt I made the marks you allude to, because I applied the hammer—I have every reason to believe I made those marks—I know I made marks, but whether those are the marks you have seen I do not know—there is a mark on the door, and one on the post—I will not swear I made all the marks on the door and door-post—I will swear I made half of them, and more than that—there is one mark of the tongs which Craker made—there are about twenty marks I should say on the door and door-post—no marks were made with this screw-driver in my presence or to my knowledge—I never saw any marks on the glass-door that had the appearance of having been made with this screw-driver—I think I last noticed that glass-door on Monday—I did not receive any orders from my superiors to make the experiments—I did not ask permission of any body to make those experiments before I made them—they were all made after the last examination before the justice—they were not made at the suggestion of any body, but at my own—I have not brought that door and post with me.
Q. Did you bring the door and post which are here to-day by order of your superiors? A. Not by the Commissioners, I proposed it—I had them taken away—the parts of the door cut down—that was done by my orders
—I had no instructions from any body to do so—I think Mr. Hobler told me to bring them here—I had told Mr. Hobler that I had applied the hammer to the glass door—I received no directions to bring that door here.
Q. Are there marks of violence on any of the wood-work you have produced which you assume to have been made by a chisel like this? A. There is a mark on a drawer which I saw the first day which such an instrument would make—I cannot positively say whether there are any marks on any of the wood produced which have been made by such an instrument as this—there are none here which I can speak to—I think if violence to any extent had been used on mahogany or any other hard wood with an instrument like this, it would show that violence had been used to it.
Q. Then this chisel, in your judgment, is not in such a state as you would expect if it had been used for any violence? It depends entirely on what force is used—I searched the prisoner's boxes on Friday, the 8th—Constable Shaw was with me—he went up with me—I believe I asked him to go up for the purpose of making the search—I consider that I made the search with every degree of minuteness—there was a black leather portmanteau and a box besides—those were the two articles in which the prisoner's things were—the trunk was not locked—it was shut down—I do not think it was strapped—there is a strap to it—one of the buckles might have been fastened—I do not recollect whether it was strapped or not, but I think not.
Q. What induced you to go up on the 8th to examine the portmanteau and box, they having been examined by Tedman on the 6th? A. I went to examine the dirty linen, and the coat, waistcoat, and trowsers' pockets, and to examine the clothes; for no other reason—when I make a search, and see any thing that may strike my attention (I may say a general search) I might go again, and be more minute than I was the first time—I generally make a search with every degree of minuteness—I went to make a minute search—I knew that Tedman had already made a search on the 6th—it was impossible for me to tell whether he made a minute search—I was not there—I had never heard he had made a minute search—nobody suggested to me to make a second search, I swear that—it came into my own head—it was on the 8th, the day I found the property—it was after I had found the property, I mean the concealed property—I saw some clean linen there—I looked at it, and examined it—I might have opened some, but I do not recollect that I opened every article I found—I do not think I did, I do not believe I did—I will not swear it, but it is my opinion that I did not—to the best of my belief, there might have been articles that I did not open—there was such a variety I could not examine every article that came into my hand.
Q. Did you not turn out from the box and portmanteau every individual article that was in them? A. I took them out with my hand—to the best of my belief I did not unfold the shirts—I do not think I have any recollection of opening the clean shirts—I think there were two clean shirts—I think there was only two—I am not certain that I unfolded them—I have no certain knowledge that I did do it, and to the best of my belief I did not unfold them—I took them out—I took out every thing, and put them on the bed, and left them on the bed—I did not put them back again—I saw the prisoner put them back—I had left the room, came there again, and saw the prisoner placing his things away—I put the shirts on the bed with other things.
Q. Now, will you have the kindness to repeat what you say passed between you and the prisoner when you say his answer to you was, "I am innocent, I know nothing about them—my conscience is clear? " A. They are about the exact words.
Q. I want to know what was the act done, or the words said by you, which preceded that observation of his? A. I said, "I found this property concealed in your pantry."
Q. What was the object of your making that observation to him? A. I thought it my duty to acquaint him, because I suspected that he had put them there—I thought as an officer I was in duty bound to do it.
Q. It was not to get a confession from him? A. I never tried it—it was not for that purpose—it was for no other reason than I thought it my duty, in that stage, to make the prisoner acquainted with what was found, and where—I naturally expected he would make some reply—it was impossible for me to tell what reply I expected.
Q. Do you really mean to tell the Jury, and to pledge your sacred oath to that answer, that in making that display of the things, and telling him that, that you had no object to obtain from him a confession? A. I expected he would make a reply—I suspected what he might say might be evidence—it might be for him and it might be against him—what I expected it is impossible for me to know—am I bound to answer the question, what I expected?
COURT. Q. You can state what passed in your own mind? A. I naturally expected he would make some remark, and I considered it my duty to make him acquainted with it.
MR. CLARKSON. Q. On your oath, did you hope or expect, when you produced the things, and made that statement, that you would obtain from him a confession, or any thing to that effect? A. I was anxious, decidedly, to do all I could in the case; but as to being anxious that he should make a confession to me, I was not particularly anxious. I felt an anxiety to arrive further into the state of the business—I am sot aware that the question was an improper one.
Q. Did you do that entirely of your own suggestion? A. I suggested it first—Mr. Mayne, the Commissioner, was in the room—he it a Magistrate, I believe—I first suggested the producing of the things—I thought it my duty at once to make the prisoner acquainted with what had been found in the pantry—Mr. Mayne coincided with me—Mr. Mayne said, "Take the property up stairs, and let him see it, " to the best of my recollection—Mr. Hobler was present, as well as me and Mr. Mayne.
Q. Now attend to this—did you not state this to the prisoner—be careful how you answer—"I have found these things concealed in your pantry; con you know look me in the face? "—did you make that observation? A. Yes, I made that observation with others—those were the words.
Q. On your solemn oath, why did you suppress those words when my friend (Mr. Bodkin) asked you the question, having, as you say, no hope or expectation of obtaining a confession from the prisoner? A. Why I should not mention to the Counsel that I found them concealed?
Q. No—you say you went to the prisoner, and in the discharge of your duty presented the things to him, and said, "I have found this property concealed in your pantry"—why suppress the remaining part of the sentence, "Can you now look me in the face? " A. I had no motive or reason for suppressing it.
Q. Will you now swear you did not expect to obtain a confession from him, when you said, "Can you now look me in the face? " A. It was impossible for me to say what he would say—I did not expect a confession—I have told you over and over my motive—I considered it my duty to do it—I thought it was no other than a proper question to put to him—I used no intimidation—I cannot say whether that might intimidate him or not—it was very likely to do so if he was a guilty man—I do not think the question I put was an intimidation—it might be taken in that light by the Court, but I did not think so—if I had thought so I should not have put the question—There is a reward in this case—I believe it it 400l.—there is also 50l. offered for the recovery of some plate stolen from his lordship's house—I do not belong to the same station as Baldwin.
Q. Do you expect to get any of the reward, if the prisoner Is convicted? A. Very likely I may—I do expect it, in the course of my duty—if I should say no, I should say false—I have had nothing at all yet, not a farthing from any body.
Q. How long after the reward was offered did you make the discovery in the skirting board? A. The property was found before I was aware there was a reward offered—I found the property on the Friday, and on that evening late, I think twelve o'clock, I called at the station-house, and found there was a reward offered—that was after all the property was found by me—I have not the least notion what share I shall get if there is a conviction—I am not aware that I shall get any if there is not a conviction—the reward is upon conviction—if the prisoner is not convicted there will be no reward—I never thought of a reward at the time I said to the prisoner, "Can you now look me in the face? "—if there had been any bloodstained articles in the prisoner's box, when I examined it on the 8th, I think I should have seen them—I believe I should have seen them, if they had been in the box or the portmanteau—I searched the prisoner's person, and found a locket on him—that locket was never claimed as being his lordship's, not by me—I have no reason to believe it is my lord's locket—I have reason to believe it belongs to the prisoner—I took it from him, because I thought it my duty to take what property he had from him, particularly such an article as that—I did not know at that time that his lordship had lost a locket—I did not see Ellis on the subject of this locket—I never heard Ellis say he thought it was my lord's—he said it Was not—I think I did hear Ellis say he thought it was my lord's, whilst in the room, but not at the time I took it from the prisoner—I think I saw Ellis before I found the locket on the prisoner—I saw him in his lordship's house—I was not aware, till after the locket was found in the prisoner's possession, that there was one missing—that locket was not produced to Lady Sarah Bailey, to my knowledge—I was not present at the time she saw it.
JOHN CHRISTIE. I am a carpenter and builder, and life in the New Cat, Lambeth. On Saturday last, the 13th of June, I went to No. 14, Norfolk-street, and examined this part of the door and door-post—it was shown me by inspector Pearse—I examined it carefully—I saw some marks on the outside of the door, and also on the door-post outside—the marks of violence on the outside, were not, in my judgment, sufficient to have forced the door open if it had been bolted—if forced open from the outside, the marks of violence must certainly have been greater—I ex
amined the socket of the upper bolt—I should say that had been forced off by a poker—by applying my magnifying-glass to it, I could tee that by the grain of the wood—that socket could not have been forced off by the poker, if the poker had been used from the outside, while the door was closed—in my judgment, the poker must have been used after the door was opened—(looking at the poker produced)—I should say it could have been done by this poker—if it was bolted, they could not get the poker in—I am quite sure it could not have been done by the bolt.
Q. Supposing the bolt to have been shot into the socket, and the door forced open, could the socket have been forced off by the bolt, in the manner it it? A. No, I do not think it could, because the poker could not be used—the staple was on too fast for the violence used to force it off—the marks on the door do not appear sufficient—I see no mark inside the door-post where the bolt shuts against—there is plenty of room—the bolt does not go at far into the socket as the mark of the poker extends—I also observe tome marks at the bottom of the door where the bottom bolt is—I looked at the bottom bolt and socket—I should not suppose from the appearance of the bolt that it had been bolted at all, very little, if any—the marks of violence at the bottom of the door near the bolt, were not considerable—part had been made by a screw-driver, and part by a poker—they had been used from the outside, when the door was closed, only on the latch—it could have only been on the latch, because I should say they could not get at it well without—I should have thought the instrument would have cut the door, if it had been dose extent when on the latch—(The witness here pointed out to the Jury the several marks on the door, and door-post)—here is the mark of a screw-driver—if it bad been used to force it open, it would have marked the edge of the door with it—here it where the poker hat been applied to it—besides the marks at the top and bottom, where the bolts are, there are three or, four little hammer-marks outside the door and post—they do not appear to have been done with sufficient violence to force the staple off—from the whole appearance of this doot, it is my opinion it was not opened with force from without—it must have been opened first before that violence was used—all these impressions were done while it was on the latch, and not boiled—I have teen this part of the cupboard door before, and hare compared the tongs—there is an impression of these tongs.
Cross-examined by MR. CLARKSON. Q, If those tongs were applied to it two or three times to make examinations, that would be very apt to make a mark, would it not? A. That must have been done on purpose.
MR. CHAMBERS. Q. You speak of hammer marks, and screw-driver marks on the large door, did you compare a hammer and screw-driver with those marks? A. I did—here is the hammer and screw-driver—(looking at them)—they exactly correspond with the marks I find on the door.
GEORGE COLLIER (police-constable E88.) I went to Lord Russell's house on the 6th of May—I examined the door and door-post leading into the back area—in my opinion from the appearances I observed, the breaking was from within—on the 8th of May, I assisted inspector Pearse in a search made in the prisoner's pantry—I saw Mr. Pearse remove a small piece of skirting-board leading from the fire-place to the corner where the sink is, and take a purse from there, and afterwardt a silver medal, with a ribbon attached to it, and a ₤10 Bank of England note—Mr. Pearse then
left the pantry, and went up stairs to the prisoner with the things—I followed him up to the parlour—the prisoner afterwards came down into the pantry—I went on with my search about the place—I saw Mr. Pearse find a split ring—it fell from behind a leaden pipe, which is against the wall—the prisoner continued in the pantry some time while we were searching, three or four hours, I should think—I saw some rings in the possession of Pearse, which he took from behind the skirting—I did not hear the prisoner asked any questions about them—I heard him say he never saw the medal—he said nothing to Pearse about the rings, but he did to me—he was in company with me in the pantry, and I asked him if those were his Lordship's rings which Pearse had found—he said they, were, and his Lordship had worn them yesterday—I asked him where his Lordship had put them when he went to bed—he said, "On the table, in his bed-room"—I asked him if his Lordship had a gold split ring—he said he had, and he used to keep his seals on it—this was not before the split ring had been found—I said to him, "It is a most shocking thing"—he said, "It is, I am innocent of it, but it would not look so bad against me had not the property been found in my pantry"—I said it looked very suspicious—he said, "I shall say nothing, at least, until I hear that the whole truth is told"—he was then taken up stairs and searched—he was then taken into strict custody—next morning I again searched the scullery, adjoining the pantry, along with Shaw, the police-sergeant—I assisted in taking down a platerack, and behind the leaden pipe, which runs close against the wall, and adjoining the plate-rack, I found this seal—(producing it)—I immediately showed it to Shaw, and marked it—it has a coat-of-arms on it—it was entirely concealed between the pipe and the wall—there was just room for it between the pipe and the wall—I searched another leaden pipe in the scullery, leading to the pantry, and found this signet ring behind it—(producing it)—it was behind the same pipe as the seal was found behind—the ring was bent with the pressure—it was squeezed down behind the pipe—the ring part was bent down exactly as it is now—it was close to the pipe, so that it could not be seen without feeling there—I was in the pantry on Wednesday, the 13th, when the flooring was taken up—I took the carpenter there—(I had still continued searching the drains and parts, and found nothing)—it it a wooden floor—from under the second board that was removed, which required some force to take up, the plumber pulled a handful of rubbish, among which was this sovereign, (producing it, ) which he gave to me, and I marked it—it was close to the door of the pantry into the scullery—on the following morning, Thursday, the 14th, I and Cronin went into the dining-room, and saw Tedman, and in consequence of what he informed us, we went up stairs, and in a portmanteau, in the prisoner's bed-room, I found these two handkerchiefs, one cotton, and one silk, near the top of the portmanteau; and likewise in the same portmanteau, this shirt-front—(producing them)—the handkerchiefs are both marked "B C"—there were a great many other articles of wearing-apparel in the portmanteau—I saw some spots or marks of blood on both the handkerchiefs—there are several spots—they are dirty handkerchiefs—I was present some days before this when that portmanteau was examined—I attended to the examination that was then made of it—I could not swear that I noticed either of these things then—I did not find any shirt any where, that this front would match—the handkerchiefs and front are is precisely✗ the same state as when I found them.
Cross-examined by MR. PHILIPS. Q. Was there any body present at the conversation you had with the prisoner? A. There was not.
Q. Did you tell him, in the course of that conversation, that he was sure to be hanged or transported? A. I never made use of such a word.
Q. And the prisoner did not upon that tell you he would speak nothing farther to you whatever? A. He did not—I have stated the facts word for word that passed between the prisoner and me—I did not say, "Do you suppose for a moment that a stranger would have come and put these things behind the skirting-board"—nothing of the kind, and the prisoner did not say, "It is very strange"—Cronin was with me when I searched the portmanteau, on the 14th—I believe it was Shaw that I saw search the portmanteau some time before—I will not be certain, but I know it was searched—I am not sure it was not Shaw and Cronin, or Shaw and Staple, I was busy searching another part of the room, and did not pay much attention to it—I assisted in the examination—I could see what was going on—that might be three days before the 14th—it was some time between Saturday and the 14th—Saturday was the 9th—I believe the prisoner was sent to prison on Sunday night, the 10th—I cannot state whether the search was on Sunday, because nothing transpired to bring any thing to my recollection—I helped to search the trunk—we were searching it for several things, as a good deal of property was missing then—I knew the trunk had been searched on the 6th.
Q. And you went to look for spoons and forks, on the 9th? A. I went to look for several things—there was no bloody shirt found—I did not know what might be found—the inspector was as likely to overlook a thing, as me—I thought I might find the forks and spoons—it was on the 8th that I knew the box had been searched—I did not know it had been searched on the 6th—it was on the Friday, the day Mr. Pearse found the property that he and Shaw searched it—I never heard of Tedman searching it on the 6th, not up to this instant—I did hear of inspector Pearse and sergeant Shaw searching it on the 8th.
Q. And you went on the 9th, hoping to find a bloody shirt, and forks, and spoons, and some of the missing things? A. I do not know about hope—I went to see if I could find any thing—I went to search what I could find, or for any marks of any thing bloody, that is what I went to look for—I suppose it was searched with that same object, on the 8th—I suppose inspector Pearse and sergeant Shaw would not fill the stations they do, if they were not officers of some reputation—I have stated that I found the two handkerchiefs very near the top of the trunk—I did not overlook them—I found them directly—I took up one handkerchief first, and I and Cronin took it to the window—I did not take any thing else to the window before I took the handkerchief, because the rest was linen, and we could see—I did not expect any thing was on it—I took it to see if there was any thing on it—I could not expect about it, I did not know—I took the other to the window in the same way—I searched the whole of the box—it was not locked—the room door was not locked—I did not notice whether there was a lock on it—I had no charge of the trunk—there were a great many police in the house—sergeant Pullen is in the house now—superintendent Baker, and police-constable Humphries, and one or two of the C division—I should think there are eight or ten altogether—I will not swear to one—the handkerchiefs were lying very near the top, no one could search the portmanteau without seeing them, if they had any eyes
—I found the shirt-front after I found the handkerchiefs—near the middle, a little below, under the handkerchiefs—I should consider a torn shirt-front was a thing that would attract attention—it attracted my attention—I do not see how any one could miss seeing it, I could not, I know—if a person took each article one by one, out of the trunk, I do not think he could have missed seeing it, or the handkerchiefs either, if they had been there—I do not think the prisoner was in the house when I searched the trunk after the 9th—I cannot tell what day it was—I think it was after the Sunday, but I could not say what day it was—I do not think it was on Sunday—I think it was on Monday morning—I believe it was Shaw and Humphries who searched it with me—they searched more particular than I did—I was searching other places—I helped a little—I mean to say I did not search the box minutely myself—I saw them searching—I was searching other places at the same time there, a band-box, and other things—they appeared to me to be minutely searching the box—I observed none of these things on that day—the prisoner was certainly not in the house on the Monday—any body might have access to that room, for what I know—my duty was below stairs—I found the door open—I cannot tell whether every body might have had access on that morning, for I was not there—I have not brought the trunk here—it is a moderate sized travelling portmanteau—I found it strapped—there was one strap on it—it was buckled—it was not locked, but there was one strap—it was about eleven o'clock on the morning of the 14th, that I went to search it—I cannot tell whether the other time was on the Monday, or not—I cannot tell what o'clock it was—if I could tell you what o'clock it was, I could tell you the exact day—I think it must have been in the afternoon—I should say it was in the afternoon, after two o'clock—it could not have been many days before the 14th, because Monday would be the 11th—if I knew how many days it was, I could swear to the day—I cannot tell whether it was two days before.
MR. BODKIN. Q. How many windows are there in the prisoner's sleeping-room? A. One—the portmanteau✗ was standing near to the window, but it was more towards the middle of the room when I saw it—opposite the dressing-table—when I lifted up the lid of the portmanteau, the lid went against the table, in a line with the window—(pointing out the situation on the plan)—the window is at the back of the house—the front of the portmanteau was from me when I went into the room—as you enter the room, the portmanteau was on the left-hand side, and the window too—I should not think any person could fail to see those handkerchief when they looked into the portmanteau—I took them to the window to examine whether there was any mark on them, because they are dark—there was not light enough at the portmanteau to distinguish whether there were any marks on them.
COURT. Q. What is the size of the room? A. A very small room indeed, just big enough to hold a little bedstead, a table, and two or three chairs—it is a small back attic.
FREDERICK SHAW (police-sergeant E8.) I went to Lord William Russell's house on Friday, the 8th of May, and assisted in searching the pantry that afternoon—on the following day, Saturday, I saw Collier find a gold seal behind the pipe, and a seal-ring bent behind the water-pipe in the scullery—the sink had been taken up in the pantry, and taken away, when I got there—about five o'clock on the Saturday afternoon I searched
the pantry, near the hearth, and found this gold locket close to the joist of the flooring—(producing it)—the stone hearth had been taken up—I was sifting the dust, and among it turned over the gold locket.
COURT. Q. Were the joists of the floor taken up as well as the hearth? A. Only the hearth—I found this close to the joists.
cross-examined by MR. PHILLIPS. Q. Had you ever searched the prisoner's box, or assisted to search it? A. I did on Friday afternoon, the 8th, between five and six o'clock—I assisted inspector Pearse to search it, to see if we could find any thing to lead to a discovery—our search was a minute one—we do not make a careless search when our object is to find any thing suspicious—I paid every attention my duty required me to pay—no one else was in the room, when we searched it on the 8th, but me and Pearse—we took all the things out of the box one by one—we took each article up in our hands, and placed it on the bed—we left nothing behind that we considered suspicious—we took every thing out, and put it on the bed, so as to Bee the box was empty and contained nothing more—I am sure nobody was in the room with me, except Pearse, at the time we were searching the box—I did not search it again after the 8th, that I am sure of—I never searched or assisted to search it after the prisoner was seat to prison—I never searched it with Collier's assistance, nor in company with Humphries or Cronin—my only companion at my only search was Mr. Pearse—the portmanteau is a good-sized one—it is here—(produced)—the initials "F B C" are on it—the prisoner's room is a small one—I was near the window when I examined the portmanteau—the room was perfectly light enough to see any thing.
MR. BODKIN. Q. Do you remember whether any thing was taken to the window in order to examine it by the strong light of the window? A. I do not recollect that there was—the bed was on the right as you went into the room—the portmanteau was in the centre of the room, near the fire-place, when I went up stairs—when I took the things out, they were put on the bed away from the window—I do not recollect that I saw any handkerchiefs among the things that were taken out.
MR. PHILLIPS. Q. You found no breast of a shirt torn, in the search you made? A. I recollect seeing one in the portmanteau—I saw one very similar to this—(looking at the shirt-front produced)—I think it is the same—I recollect seeing a front there of this description—I do not know that I saw these two handkerchiefs there—there were a great number of things in the portmanteau—I will not speak positively to the handkerchiefs—this front I recollect seeing on the 8th—Mr. Pearse was with me—I had this front in my hand—I remember there were a good many neck-handkerchiefs in the portmanteau—I do not recollect seeing any of this description.
PAUL CRONIN (police-constable C158.) I went to Lord William Russell's house on Wednesday morning, the 6th of May, about half-past seven o'clock, but I did not go into the house till half-past ten—I was outside the door till then—I remained there every day and night until Saturday—I assisted Mr. Pearse in searching the pantry, and saw him pull down two boards of the skirting, and take out a gold-clasp purse—he found it just on the corner inside the skirting-board—I also saw him draw out a ribbon, and attached to it was a Waterloo medal—he took that from behind the second skirting—I next saw him draw out a 10l. note—I believe Mr. Pearse took possession of all that property—it was on Friday,
the 8th, that Mr. Pearse made this search, and found the property, about eleven o'clock in the day, or about twelve or one, as near as I can recollect—on Tuesday, the 12th, I went there again, in the morning, with Mr. Pearse—I had left the house after Saturday night—I had done nothing in the house from Saturday night till Tuesday morning—on the 12th I went into the scullery, leading from the pantry, and examined the flooring, particularly under a small vault attached to the scullery—I passed my hand along the boards composing the flooring of the scullery, and in doing so my finger struck against what I considered to be a ring—it is a very dark small place attached to the scullery—I drew my hand out in the dark—I had no light—I drew it out with some difficulty, and it appeared to me to be part of a watch-key with the pipe and ring broken off—this is it—(producing it)—I went again on the following day, Wednesday—I first searched in the pantry, and afterwards up in a yard—there are two yards, one above the other—it was in the upper yard I searched—I went there with Collier for the purpose of raising some stones which appeared loose—after raising the stones I saw a leaden sink encased with wood—(produced)—it came from the pantry—I had seen it in the butler's pantry—it was a fixture there, just over the place where Pearse found the property—I saw the sink taken down, and, I believe, it was placed in the yard afterwards—I looked at the sink round the edges—it appeared to me that the lead had been turned up and put down again—not the whole of it, only a small place in front—I turned up the front with an iron chisel which I had in my hand, looked inside, and saw a watch there—I immediately called Collier, who saw me take the watch out—I kept it and sealed it up almost immediately afterwards—I produced it at Bow-street, and have had it ever since in my custody—it was in the same state as it is now, with the glass out of it.
JAMES ELLIS. I am at present in the service of the Earl of Mansfield. I was for two years and eight months in the service of the late Lord William Russell—I left I believe on the 1st of April this year—the prisoner succeeded me in my situation—I remained two days there to initiate him into his duties—I am perfectly well acquainted with three out of these five rings—they belonged to Lord William Russell, and it is my firm belief that the other two belonged to him—he was always in the habit of wearing those five rings daily—when his lordship retired to bed, they were usually placed on a small dressing-table in the bed-room, which stood between the two further windows—(looking at the watch)—I used to wind up Lord Russell's watch for him, on a common average, five days out of the seven—I firmly believe this to be the watch which I was always in the habit of winding up—that I placed at night always in a watch-stand on a little table by the side of his lordship's bed—here is a name inside it, but it appears to me to be the maker's name—I never noticed that his lordship had a watch in which his own name was engraved—this name is engraved on the inside case of the watch—I am perfectly acquainted with this seal, these two watchkeys, and this signet ring—(looking at them)—they were all the property of his lordship—this split ring appears to be the same which was always worn to the watch—it is rather broken, but it is a similar ring to what his lordship used—the watch-key also appears to be the same, but a portion of it it gone—his lordship had a chased key of precisely the same pattern—I know that his lordship had a Waterloo medal, but I never examined it, and he had a ribbon attached to it—this Russia leather box was called the cash-box—I know that, and these note cases I can speak positively to—his
lordship had always foreign gold coins in the cash-box, but I never examined them—it was always evident to me they were not English money—I remember to have seen this miniature in Lord Russell's possession—it was always in the small cash-box—I never saw it any where else while I was in the service—this gold pencil-case I know perfectly well by marks which I now see on it—that was his lordship's—he was in the habit of carrying it in his pocket every day—this tooth-pick-case appears to me precisely similar to the one always carried by Lord William Russell—they were generally placed on the small table at night, where the rings were placed—this sugar-sifter I am positive to—it was always used by me when in Lord Russell's service, and this dish-cover is the top of a hash dish always used by me in Lord William's service—this cloak appears to be his lordship's evening cloak—it appears precisely the same as when I left his lordship's service—a card is sown in it—I have seen a locket in his lordship's possession—(looking at the one found in the pantry)—it might have resembled this, but I am not quite positive of it—I never by any chance had much cause to examine it, only if his lordship left it in any part of the house, he desired me to fetch it—I am not at all positive to the locket—it was a similar one.
COURT. Q. You say you have seen his lordship with a locket resembling this, but cannot take on yourself to say this is the identical locket? A. No, I cannot.
MR. ADOLPHUS. Q. We understand a rushlight was lighted in his lordship's room every evening? A. Every night when his lordship retired to bed—his lordship was never in the habit of reading in bed at all, to my knowledge—I never observed it—the candle, by which his lordship went to bed, was always put out by me when, his lordship retired to bed, and put on the table by the side of the rushlight—I never observed the candle to have been left to burn out in the socket—his lordship was particularly careful on the subject of fire—he has very often cautioned me—I remember his lordship's returning from a short visit to Richmond—I saw the prisoner several times after that, before I left London—probably two or three times—once I recollect very well the prisoner asking me if I had any recollection of his lordship's having a locket—I told him I had—he then said his lordship had lost the locket while out of town at Richmond—I said I wondered how it could be lost, as his lordship always carried it in the note-case—the prisoner also said he could not account for its being lost, unless it had fallen from the pocket of his lordship's clothes while he Was brushing them—he said his lordship had written, or was going to write, to Mr.Ellis, the proprietor of the hotel at Richmond, concerning the locket—there are only two days in particular that I recollect having conversation with the prisoner—one day was shortly after the return from Richmond, and the other the Monday before the murder—I rather think this conversation was a day or two after the return from Richmond—when I left Lord Russell's service, I handed over to the prisoner the plate that was in my care—I had a list of it, which I gave to the Commissioners, I believe—(the plate box was here produced)—the list is inside this—I examined the contents of the box at the house with my list, before it went to the bankinghouse—this is my own list—it is the list by which I checked the plate before I delivered it over to the prisoner—I examined the contents of the chest with this list shortly after this event—four table-spoons, four large forks, four dessert-spoons, and two tea-spoons were then missing—the greater portion
of the plate was always kept in my own bed-room at the top of the house, in a drawer belonging to a large dressing-table, standing in the valet's room—they were generally deposited there, but not always—I considered it the safest place for them—the plate in ordinary use was kept in a cupboard in the pantry below—(several articles of plate were here produced by Mr. Cumming)—to my firm belief these are the articles that were missing from the house, according to my list—they correspond in quantity and size, and they have the crest of Lord Russell on them—the same as I have always seen.
RICHARD MATTISON HARRISON. I am chief clerk in the banking-house of Hoare and Co., Fleet-street. The Baroness de Clifford keeps an account there—Mr. Wing, the solicitor, draws on her account occasionally—I remember paying a cheque of Mr. Wing's on the 25th of April last—I can tell from an entry which I have, that this 10l. note was one of the notes I paid on that occasion—(this was the note found concealed in the pantry)—the cheque was for 200l. and was drawn by Thomas Wing—here is the cheque—(producing it)—it is dated the 25th of April, 1840.
Cross-examined by MR. CLARKSON. Q. Have you the book here in which the original entry is? A. Yes.
COURT. Q. Do you know who you paid it to? A. I cannot say, but this is one of the notes I paid for that cheque.
THOMAS WING. I am solicitor to the Baroness de Clifford—I drew a cheque on her bankers, by virtue of her authority, on the 25th of April this year—I received the amount myself—I do not know whether this is one of the notes I received on that occasion—I received fifteen 10l. and ten 5l. notes—I kept them till I saw the Baroness on the Monday after, and then gave the notes I received from Mr. Harrison to her ladyship—I gave the self same notes to her ladyship on the Monday morning following the Saturday on which I received them—the deceased's name was Lord William Russell, by courtesy.
LADY CLIFFORD. I am related to the late Lord William Russell—I am the widow of one of his sons—I remember, on the 27th of April, receiving from Mr. Wing some Bank-notes amounting to 200l.—among them were some 10l. notes—on the 29th of April I gave one of those 10l. notes to the late Lord William Russell—it was given for a charitable purpose.
~COURT. Q. Was there any thing to be done with it? A. It was to be given to Lady Sarah Bailey—I went abroad on the Friday, the day after.
LADY SARAH BAILEY. I am related by marriage to the late Lord William Russell—he married my sister. I knew him for many years—I reside at Hampton Court Palace—While Lord Russell was residing at Richmond this Spring he came over to see me many times.
Q. Do you remember on any occasion any thing happening about a locket? A. Yes—he left the locket on my table while he went to chapel in the afternoon, and when he returned from chapel I gave him the locket again—he put it into the left-hand pocket of his coat, an upper pocket-when I first saw it it was in a brown and blue letter case which was worked by his daughter.
Q. Had his lordship a great regard for that locket? A. I suppose so, because he wrote for it—I bad never seen it before that time—(looking at the letter case)—this is the letter case, and to my belief this is the locket
—(looking at it)—there is hair in it—I cannot say whose hair it is—it is tied with a piece of blue silk—Lord William Russell wrote to me to inquire about the locket—I think he wrote for it from Camden-hill—I wrote to him in answer to his note—he was at Richmond at the time, but my letter to him was directed to Norfolk-street—I have no particular reason for knowing who was in attendance on him during his stay at Richmond—I did not see his servant when he came over to me at Hampton court.
COURT. Q. What was the occasion of Lord Russell's taking the locket out? A. He gave me a letter to read from that very case—I cannot remember whether the locket fell out, but when he was gone I found it on my table.
JOHN HARRIS. I am an upholsterer and work for Mr. Hughes. I went to Lord William Russell's house on the afternoon of the 5th of May, to adjust the bell-pull in his lordship's bed-room—I might be there about half-an-hour—I did nothing but adjust the bell-pull—it was a small ivory bell-pull, and the ring cut the rope—I was there about half-an-hour, to make it fast—I left the house then.
HENRY LOVICK. I am a bell-hanger. On Tuesday, the 5th of May, I went to Lord William Russell's house about three o'clock, or between three and four o'clock—I did a little job in the bed room, and I did something also to the door of the room—I was there twice—I left about halfpost seven o'clock in the evening the last time.
GEORGE DOUBLEDAY. I was groom to the late Lord William Russell. I did not live in the house—I was in the house on Tuesday, the 5 th of May, I cannot recollect at what time—I saw his lordship about eleven o'clock in the forenoon at his house—I was there once afterwards, I suppose a little alter six o'clock—I did not go next morning before twenty minutes before nine o'clock—I had been sent for—I continued there during the day till eleven o'clock at night.
MARY HANNELL re-examined. When I came down in the morning I found the half glass door on the ground floor bolted and chained—I do not know whether the shutter was put up to it the night before—it was not up in the morning—it was not always put up—the chain goes immediately below the glass part of the window—I do not know whether a person outside could see where that chain was.
SARAH MANSER re-examined. I am not able to state how the glass door was over night—I do not remember any thing about it—the shutter was never up when his lordship was at home.
JURY. Q. Were you in the habit of seeing the poker in the butler's pantry? A. Yes—I never examined it—I do not know whether it was bent or not—I never had any thing to do with it.
WILLIAM WINTER. I was one of the plumbers employed in Lord Russell's house after his decease. I saw a sovereign found under the boards on Wednesday, the 13th—I gave it to one of the policemen.
CHARLES ELLIS. I keep the Castle tavern at Richmond. Lord William Russell came to stop at my house, on the 5th of April last, and remained till the 22nd—he brought a man servant with him—it was the prisoner—there was also a groom—(looking at the witness Doubleday)—l would not swear that is the man, but he is very much like him—the prisoner was the only person in personal attendance on Lord Russell—on the 25th, after Lord Russell had left my house, I received this letter from him
on the subject of a locket—in consequence of that letter I made immediate inquiry, and search was made after the article—nothing was heard of it, nor ever has been since—I cannot find the envelope of that letter any where—the seal of it was from the Travellers' Club—I believe the prisoner brushed and cleaned his lordship's clothes while he was there.
CHARLES IGNATIUS CLAPTENBURGHER. I am a watchmaker in Regentstreet. Lord William Russell's watch was repaired under my directions—this is his lordship's watch—(looking at it)—I know this watch-key, by having taken it off the last time the watch was repaired—it is the watchkey belonging to Lord William Russell's watch—but it was taken off, and put on one which was lent to him while his own was repairing—I sent it back again to him with the watch—it fitted the other watch which I lent him.
CHARLOTTE PEOLAINE. My husband's name is Louis—he is a Frenchman—I am an Englishwoman—we keep the Hotel Dieppe, Leicester-place, Leicester-square—I know the prisoner—I think it is about four years ago that I knew him—he came to a situation, to take a place in the hotel as waiter—I do not recollect whether he told me his name—we used to call him Jean—French is generally spoken at our hotel—he staid with us a month or five weeks, it was not long.
Q. Since that time has he continued to be acquainted with you, coming in occasionally? A. I never saw him since till about six weeks ago I think—he then came to our hotel—it was on a Sunday evening—he merely asked me how I was—he staid about two minutes.
Q. How did he introduce himself to you, do you remember? A. He knocked at the room door, I said, "Come in, " and he walked in—I did not recognise who he was at the moment—it was some time since I had seen him—he said, "Do not you recollect me? "—I said, "No, I do not"—he said, "I am John, that used to live with you some time, over in the Square"—I recollected him then—he staid a few minutes, and then went away—I believe I asked him if he was in a situation, and he said, "Yes"—I said, "I am very glad of it"—he said, "With a gentleman"—he did not tell me his name—I saw him again, I think it was on the Sunday week afterwards, or the Sunday fortnight—it was on a Sunday evening—he merely came in and asked me how I was—it was in the evening—he had a paper parcel in his hand—he asked me if I would take care of it till the Tuesday following, and he would call for it—I said, certainly I would, and he left it with me, and went away—I put the parcel in a closet, and locked it up—it is a closet I use generally—I had no notion at that time what the parcel contained—it was a sort of round parcel, tied with a string, and sealed.
Q. Did he call for it on the Tuesday following? A. I never saw him since until to-day—I heard once or twice of the murder of Lord William Russell.
Q. Had the parcel been left with you before you heard of the murder, or not? A. Oh yes—I took the parcel out of the closet yesterday morning, for the first time—I was induced to take it out, on account of what my cousin brought up stairs in a French newspaper—he read it to me, and showed it to me—in consequence of that I had some conversation with my cousin, and sent for Mr. Gardie, who lives in King-street—he is a chaser and modeller, I believe—I also sent for Mr. Cumming, an attorney, who is an intimate friend of ours—Mr. Vincent, my husband's partner, was also present—he is the person who gave me the information out of the French paper—the parcel was
opened in the presence of those persons—it had never been opened before, from the moment it came into my possession—(Mr. Cumming here produced the parcel)—this is the parcel—this is the brown paper that was over it—the parcel contained spoons and forks, silver I suppose, two pairs of new stockings, and two instruments, which I do not know the name of, a pair of dirty socks, a jacket, and something, I do not know what they call it, I think it is tow, round the plate—it is like ravelled rope, that would have the effect of preventing the plate being felt, or from jingling—it did not make the least noise—Mr. Cumming immediately wrote down on a sheet of paper what there was, fastened it up again, and brought it here, I believe—before he fastened it up, we signed the inventory, to attest what it contained.
Cross-examined by MR. PHILLIPS. Q. About what a clock in the day yesterday was this? A. About four, I think—we have a billiard table in our hotel—it is not much frequented—merely by the gentlemen who board and lodge in the house—there are a few that come—it is not exclusively kept for the guests—any body can go and play that likes—any stranger may come in and play—there are no other games played in the house—not backgammon—it is a peaceful house—the police have not been there at all—no one was ever taken out of it, I think I can swear that—I never heard of it—there was never any gang of suspected persons taken out of our house by the police, nor any person.
Q. What did you mean by saying you think you could swear it? A. Because I am never down in the billiard-room myself, but I never beard any noise—I do not think there is any gambling-house in Leicester-place but ours, and ours is not a gambling house—there are not a great many gambling-houses in Leicester-place that I am aware of—we have lived there two years next September—I never inquired much whether there were gambling-houses there—our house is very much frequented by foreigners—there are generally a good many there—the prisoner went by the name of Jeanin our service—that was the name I gave him—I do not know whether his name was Jean—I called him so for convenience sake—because it would be easy for us all in the house—I never knew him by any other name—we do not take in English papers at our house—I very seldom read them, I have not time—a few English gentlemen occasionally come to our house—we never take in any but French newspapers.
Q. Have you not had for the last five weeks heard continual conversations about this dreadful event, the murder of Lord William Russell? A. No—I am never among the gentlemen down stairs, who have conversations—I have a husband, but he is in France—he has only been gone a fortnight—he is the master of the hotel, that is all—I have not heard my husband speak of the murder, to my knowledge—if he has I have forgotten it, but I do not think he has mentioned the subject to me—I do not walk in the streets on Sundays—I go to church sometimes—I have not observed the placards of the Sunday newspapers—I have never seen posted up in large letters, "The Murder of Lord William Russell, " nor heard the confessions of the prisoner cried about the street—I think I heard of the murder the day after it was committed—I was certainly very much shocked—I do not know that I said any thing to my husband about it—it might have been named, I cannot recollect whether we did or did not speak of it—I have not time to think of these sort of things—I am always occupied—my husband and I very seldom dine together—we breakfast together sometimes—I do not know whether it was my occupations that prevented
my mentioning it to my husband—I do not recollect whether I said any thing about it to my husband—I did not say any thing about it to his partner to my knowledge—I did not speak of it to any body, being generally occupied—Mr. Vincent is always occupied down stairs, and sometimes I do not see them the whole of the day, from morning to evening—I sleep with my husband, but sometimes I have gone to bed a long time before him—that was not the case during the whole three weeks he was in town—I cannot say whether I was frequently awake when he came to bed—I cannot say whether I was too much occupied to hold any conversation with my husband during the three weeks—that is a question I cannot answer.
MR. ADOLPHUS. Q. You have been asked about the reputation of your house, is there any pretence on earth, to your knowledge, for calling it a gaming house? A. No—the police have never to my knowledge broken in and taken any one out—it has never happened while we have lived there.
Q. Respecting your conversation with your husband, do you, like other women, converse with your husband on things that pass, and think no more of it after it is over? A. Yes.
Q. Whether you heard of the murder of Lord William Russell or not, could you have any idea that Jeanwas the same person as Francois Benjamin Courvoisier who was accused of the murder? A. No—parcels are sometimes left in our care, at the counter down stairs—I put the parcel in question in my closet, and locked it up—I never moved it out—it was put at the bottom—the closet is in the first floor—the billiard-room has no connexion or communication with that—the billiard-room is on the parlour floor—whoever comes to play at billiards have no business up stairs—there is no backgammon table in our house.
COURT. Q. You have said you heard of this affair the day alter it happened? A. I believe so.
Q. Can you tell how long before that it was that the parcel was left with you? A. I think it might have been a week or a fortnight—I cannot positively say—I do not recollect what part o£ the week I first heard of it.
LOUIS GARDIE. I am a modeller and chaser, and live in King-street, Soho. I am an acquaintance of Mr. Peolaine, who keeps the Hotel Dieppe—I was at that hotel when a parcel was brought in by a man—it was on a Sunday—I was only a visitor there, and of course did not pay much attention—I happened to be there by chance—I saw it was a little parcel, and was covered with brown paper—I did not know the person before who brought it—I cannot positively say the prisoner is the man, because I never knew the man, and be was there so short a time, of course I could not say exactly—I got a glimpse of him, and that is all—I paid so little attention I do not know what really passed—I know the parcel was left, and the door shut, and the gentleman gone—it was left in Madame Peolaine's charge—I was at the hotel yesterday—Mr. Vincent, the partner of the house, came and fetched me, with regard to some news he had got from a journal or newspaper—I went to the hotel—he said something to me, and we went directly to the City to Mr. Cumming, who went back with us to the hotel—when we got back the parcel was produced—I cannot say whether it was the parcel I had seen before or not, I paid so little attention to it—Mr. Vincent, Madame Peolaine, me, and Mr. Cum
ming were present when the parcel was produced—Mr. Cumming cut the string, and opened it—it contained some silver articles, a jacket, and other things—a list of the contents was made out in my presence.
COURT. Q. You were present when the parcel was delivered to Mrs. Peolaine, on a Sunday; have you any thing in your mind to tell you what time it was? A. I cannot say exactly—I know it was Sunday—to the best of my recollection, I think it was about five or six weeks from this time—I heard of the murder of Lord William Russell—it was about that time, I think, a little before, I think.
RICHARD CUMMING. I am a solicitor, and carry on business at No. 17, Old Jewry. I saw Mr. Gardie and Mr. Vincent at my office yesterday—I accompanied them to Mr. Peolaine's—he is not a client of mine—I am acquainted with him—a brown paper parcel was produced to me by Mrs. Peolaine—it was tied up with string, and the string sealed—my advice was asked on the subject of opening it—I opened it myself, and made this list of the articles that were in it—I then did it up again—before doing so, I noticed a crest on the forks and spoons—after doing it up, I proceeded to a bookseller's shop, in order that I might see by roe Peerage-book the treat of the Bedford family, and having satisfied myself that a goat, which was on the spoons, was the crest of that family, I immediately proceeded from Ridgeway's, the bookseller's shop, to Marlborough-street, for the purpose of seeking the advice of a Magistrate, and to be relieved from the possession of the parcel—I saw an officer, who introduced me to the clerk of the Magistrate, and I made a communication to him—in consequence of a communication from him, I immediately came here in a cab—I arrived here about six o'clock—I sent in a communication by note to the solicitor for the Prosecution, and was directed to come in—I then made a communication to Mr. Wing and Mr. Hobler—he paper which I brought in some time ago, contained a portion of what the brown paper parcel contained, but I had given up the brown paper, and some other articles, having first put my initials on them, by the direction of Mr. Hobler, to an officer—the spoons, and forks, and plate, which I have brought in, were in that parcel—here are my initials on the cover of the parcel—there has been an address on the cover, which is nearly erased—besides the spoons and forks, there is a gold ear-apparatus, and a leather box—this is the list which I made out, and which I had signed by Vincent Gardie and Mrs. Peolaine—(reads)—"four silver table-spoons, four silver dessert-spoons, two silver teaspoons, four silver forks, one leather box, containing two instruments for the ear; two pairs of white stockings, (no mark on them) one pair of white socks, with 'C 4' on each; one flannel jacket, another check jacket, (which I have called an undress jacket; ) and a small quantity of tow or yarn."
Cross-examined by MR. PHILLIPS. Q. It was about six o'clock you came here yesterday evening? A. About six o'clock—I came into Court, and proceeded to the seat of the solicitors—I saw you here—I do not know Mr. Flower—I knew you were one of the counsel for Courvoisier.
WILLIAM FREDERICK MOLTINO. I am a printseller, and live in Pall Mall—it is my custom to fix upon parcels I send out a ticket of the address of my shop—this is one of my tickets upon this brown paper—Lord William Russell was a customer of mine—on the 27th of April I sent a parcel to his house for him—it was a print framed, called the Vision of Ezekiel—it was inclosed in brown paper—to the best of my belief, the
parcel I sent upon that occasion had a ticket on it like this, but I cannot say that I remember distinctly the act of putting the paper on—this label is similar to ours—it has on it "From J. A. Moltino, printseller, 20, Pall Mall"—it is not exactly a printed label—we have a brass plate cut out, and we rub the ink over it—this appears to have been done so.
Cross-examined by MR. PHILLIPS. Q. Be good enough to look at this letter—here is one letter I see remaining, do you see the letter M.? A. I see some marks, but I cannot see what it is—it looks something like an M—I had been in the habit of sending his lordship engravings occasionally—he had his house hung with prints—I have not sent him many during the last three or four years—I have several, perhaps half a dozen, but they were not all framed—I think the only print we ever framed, was the Vision of Ezekiel.
Q. Did you send the others with brown paper, or at all events, with the ticket with your name? A. Yes, I think so—we generally use brown paper—I cannot tell bow long before the Vision of Ezekiel was sent we had sent an engraving to Lord Russell—it was some time.
MR. BODKIN. Q. Do you remember how you used to direct a pared of that sort? A. In directing a parcel of that sort, I should write, "The Right Honourable Lord William Russell"—I have not a distinct recollection of the act of doing that with the Vision of Ezekiel—that print was about four times the size of that book—(one on the table)—it could not have been inclosed in this sheet alone—I sometimes pack articles in brown paper, which has been used on other occasions.
JOSEPH VINCENT. I know Mrs. Peolaine—I read something in a French newspaper yesterday, in consequence of which I went and spoke to Mrs. Peolaine—I signed this paper—(looking at the list.)
HENRY CARR. I am an acquaintance of the prisoner's—I was a fellowservant of his in the family of Mr. Fector—I think I have seen him wear a jacket similar to this, (looking at the one in the parcel, ) in the service of Mr. Fector, but I cannot be positive—I called on the prisoner on Tuesday, the 5th of May—I left the house about a quarter or twenty minutes before six o'clock—he went out with me—I parted with him at the corner of Park-street, a very short distance from the house—I saw nothing more of him that night—I did not return to the house that night.
LETTICE BANKS. I do not know the prisoner—I saw him once—I have washed some shirts, stockings, aprons, and pocket-handkerchiefs for him—these dirty stockings have the prisoner's mark on them, but I do not know that I ever washed them—they are marked in the heel—stockings are sometimes marked there, but I never saw any of his marked in the heel—his were marked at the top—I have had both socks and stockings of his—some were marked C. B.—I do not recollect them all—I do not know whether any were marked C only.
THOMAS DAVIS. I am in the employ of Mr. Webster, an aurist. These instruments were made by Mr. Webster—such instruments were supplied by him to Lord William Russell in June, 1836—I have the book here.
JAMES ELLIS re-examined. These are similar instruments to what I have seen in Lord William's possession—I think I had seen them about three weeks previous to my leaving—he never wore them.
SARAH MANSER re-examined. Q. Did you see these, or some
like them? A. Yes, about a week or a fortnight before the event took place.
MR. BODKIN. Q. Where was the plate kept in the house of Lord Russell just before the period of this transaction? A. The prisoner kept it in his bed-room—I have seen a jacket in the house—I cannot say whether this is it or not—it was one of this appearance—I have seen it down in the prisoner's pantry—I do not know whether it belongs to him.
(Adjourned.)
SATURDAY, June20th.
The Queen against Francois Benjamin Courvoisier continued.)
CHARLES AUGUSTUS RIVERS. I am a sculptor. I made this model—I measured the height of the different walls of the building—this model correctly represents the part of the premises it is intended for—the back wall next the stable is sixteen feet three inches high—this is part of the stabling—that wall continues the whole length about that height—the wall on this side is eight feet seven inches and a half—the height of this tiled building is ten feet four inches, I mean this back wall—the height to this piece of weather-board is six feet ten inches—there is nothing on the other side except a kind of bottle-rack, which is represented by this black drawing—the lower part of this bottle-rack seemed sound, but the part towards the roof seemed in a very rotten state—I could not form a judgment whether it would bear the weight of a man—this place represents the pavement of Sir Howard Elphinstone's yard—the height from the pavement to the wall of the bath-house is fourteen feet.
SARAH MANSER re-examined. Q. Did the prisoner remain in the house in Norfolk-street, from the time the murder was discovered till he was taken away in custody to prison? A. Yes.
JOHN TEDMAN re-examined. I did not examine the bottle-rack carefully—Beresford was sent to do it.
(MR. PHILLIPS addressed the Jury on behalf of the Prisoner.)
(Peter Cherry, proprietor of the British Hotel, Jermyn-street; James Noble, head waiter at the above hotel; Henry Petto and Jane Susan Petto, in the service of Lady Julia Lock wood; and Lady Julia Lock wood, of No. 100, Park-street, in whose service the prisoner had been nine months; deposed to his good character for kindheartedness, humanity, and inoffensiveness of disposition.)
GUILTY- DEATH.Aged 28.