29th November 1841
Reference Numbert18411129-110
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown

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110. JOHN RICHARD PACKARD, JOSEPH PACKARD , and ALFRED KENNETT were indicted for feloniously killing and slaying Michael Aungier.

MESSRS. CLARKSON and BODKIN conducted the Prosecution.

JOHN HAMBLY . I am an officer of the sheriff of Middlesex. I knew the deceased, Michael Aungier—in November last I had a warrant against the goods of the prisoner, John Richard Packard, who is a chymist, residing in Drury-lane—I executed it on the 5th of November, and took the deceased with me—I left him there in possession of the goods, between twelve and one o'clock at noon—he was at that time in good health, and quite sober—he was about sixty years old—I had employed him some time in a similar capacity—in consequence of information, I went next morning to Packard's house in DruryJane, between ten and eleven o'clock, and found the premises shut up—I knocked and rang, but could not get admission.

Cross-examined by MR. JONES. Q. Did you subsequently obtain admission? A. Some of my people did that day, the 6th of November, and I got in between one and two, after I left Bow-street—I knew then that Aungier was dead—I have since obtained possession of the goods, and sold the whole under a fi fa.—Mr. Thompson lives at No. 31, Chancery-lane—Mr. Moulton, a law stationer, lives at No. 18—it is on the same side of the way as our office, No. 31—I don't live there myself—Mr. Thompson does.

Cross-examined by MR. CHARNOCK. Q. Are you in partnership with Thompson? A. No, his name is on the warrant—all the goods on the prisoner's premises have been sold—I believe they were in the same state as when I left the deceased in possession—the execution has not been satisfied.

MR. BODKIN. Q. When you regained possession between twelve and one o'clock, it was after the prisoners were in custody? A. Yes.

CHARLES PEARSON . On the 5th of November I was in the service of the prisoner John Richard Packard, who is a surgeon and chymist in Drury-lane—some officers came there that morning, and one was left in possession—he sat in the kitchen—it was about five o'clock in the evening as near as possible—about nine o'clock master went into the kitchen, and the deceased asked for a glass of gin—master said, "Very well, you shall have it," and gave him no gin, but some rum and water in a tumbler—I tasted it—the tumbler was about three parts full—the officer was quite sober—he drank the rum and water—master had then returned to the parlour—he came into the kitchen very shortly after, and asked the officer to step into the next room, which is the parlour—the kitchen and parlour are on the same floor—the man went into the parlour—it was about half-past nine or ten o'clock—I went into the room afterwards—I found master, Mr. Joseph Packard, and the officer there, and Jemima the maidservant—the prisoner Kennett was not there then—there was spirits on the table in tumblers, and wine glasses too—there was no wine on the table then—I cannot say whether there was wine in the wine glasses—they appeared to be drinking—the officer did not seem to have any thing the matter with him then—about half an hour after I was called in again—the same glasses were on the table as I had seen before—there was no wine—there was rum in the officer's tumbler—I believe it was rum—I do not know the colour of port wine—there was some red wine on the table in tumblers, and rum and

water as well, and there was gin and water—master kept gin in that room in a gallon stone bottle, which was in the cupboard—the spirits had been poured out of the stone bottle into the tumblers—the same persons were still at the table, with the maidservant, and Kennett was there the second time I went in—he had come about ten o'clock—when I went in the second time master sent me with a note to the Garrick's Head public-house, which I took—it was about ten o'clock—I was to wait for an answer, which I did, but did not get one—a man returned with me to the house—master gave him an order for supper for four, to be brought at half-past twelve o'clock—the glasses were still on the table—the rum and wine were also kept in stone bottles—some of the glasses were empty, and some full—they appeared to be drinking continually—I was in and out of the room from then till half-past twelve o'clock, and the materials for drinking were still on the table, and they appeared to be still drinking—the supper came at half-past twelve o'clock, and two bottles of red wine in decanters—I placed them on the table—all the three prisoners were at that time sitting round the table with the deceased and maidservant—I waited at supper—the maidservant supped with them—I saw red wine given to the officer—the maidservant drank wine as well as themselves—there was no spirits on the table then, I fetched two more bottles of red wine during supper, by master's directions, about one o'clock, making four bottles—it was all drank except a very little at the bottom of the decanter—it was all drank in wine glasses—three pints of porter was sent for—that was not all consumed—there was very little left—I cleared the table after supper—after the table was cleared the maidservant took something out of the cupboard in stone bottles by master's direction—only one bottle was brought out while I was there—I do not know what it was—I saw her take one bottle out as I went out of the room—I cannot tell whether it was gin or rum—when I went into the room again I saw some spirits in tumblers—it appeared to be rum—what was in the officer's tumbler was red—it was nearly full—they were still round the table, and continued drinking there for about half an hour after I cleared the supper away—that would make it about half-past one o'clock—I went into the room again at the end of that time—the officer was then very tipsy, and did not appear able to help himself—master directed me to go and fetch a cab—Mr. Rennet joined in that order—the prisoner Joseph Packard was present at the time—after getting the cab, I went into the room and told master I had got it—my master and Mr. Kennett lifted the officer down stairs into the little room behind the shop, called the surgery—he did not appear at all able to help himself at that time—master put a smelling-bottle to his nose in the surgery, and said, "This will do you good"—the deceased made no answer to that—I do not know whether he was able or not—they then lifted him up stairs again and put him on the sofa—he remained there about a quarter of an hour—the cab was waiting—I saw some water in a tumbler, and some spirits put into it by Mr. Kennett—my master and Joseph Packard were in the room—they gave the tumbler to the man while he laid on the sofa—they put it to his mouth—he took it—he remained on the sofa about quarter of an hour—Master and Mr. Kennett then carried him down stairs—Joseph Packard followed them down—they lifted him into the cab and shut the door—master and Kennett went with the cab, and Joseph Packard stopped at home.

Q. Where did Kennett get the spirits from, which he mixed with the water when the man was on the sofa? A. From the stone bottle—it was a kind of red colour, not so dark as rum—the maidservant fetched the stone bottle—it was about three o'clock in the morning when the cab went away—my master and Kennett returned in about half an hour—I went to bed about four o'clock, and got up between eight and nine—as I came down stairs, the servant came out of the parlour to me with a message from master, the door was open at the time—I was close to the door—she spoke loud enough for master, who was lying on the sofa, to hear—I was going down to open the shutters—she said, "Don't you open the door"—I said, "What for?"—she said, "Mind your business"—I heard a loud knocking at the door, and ringing shortly after—I did not go down to see who it was, as Jemima told me not—it was repeated several times but I did not go down—this occurred at different times in the course of the day—master was up stairs in bed most of that day—Foulkes' master's landlord lives next door round the corner—master gave me a note for him about ten o'clock, and by his direction I got out of his bed-room window with it, jumped on the leads, and got through a little window into Mr. Foulkes' house—roaster was at that time in his bed-room—I cannot be certain that the note now produced is what master gave me—it was directed to Mr. R. Foulkes—it was given to me wrapped up—I believe this to be the note—I was to wait for an answer, but Foulkes was not at home, and I left it—(note read)—" Dear Sir,—How would you advise me to act in this matter?—the man got intoxicated last night, and my brother and Mr. Kennet prevailed on him to take a ride, therefore I thought it best to keep him out. Would you have the kindness to let my boy go for Mr. Knight?—Yours, truly, R. PACKARD."

Cross-examined by MR. CHAMBERS. Q. The man was sitting with you in the kitchen that evening, did he complain of being unwell? A. Yes, he said he had got a very bad cold from having slept in damp sheets—the last time I saw spirits on the table there was water mixed with them—my master appeared to be drunk as well as the deceased—they held the deceased's arms, and assisted him down stairs—carried him down—he put his foot on the stairs, and they led him down—when he got down he sat in a chair—master put the scentbottle to his nose—I do not remember his turning away, and saying he did not like it, nor whether he answered or not—I have heard master say he was a surgeon—it is a chymis's and druggist's shop—I never saw master take soda and brandy—I know what soda is—I do not know whether there was soda with the spirits and water—I did not see any soda—I cannot tell whether there was any in the water—I do not know whether the man drank the whole, I did not wait—I saw the man put it to his lips—master was very drunk when he went into the street to the cab when I first saw him in the morning he was on the sofa down stairs with his clothes on, he had breakfast, and went to bed—I do not recollect at what time he was in bed—when I went with the note, I did not see Foulkes' man bring an answer to the note—the maidservant did not appear tipsy, she did not go to bed at all, she appeared quite conscious of what she was about when I went to bed—I do not know at what time master went out the next day.

Cross-examined by Mr. JONES. Q. The deceased asked for drink before any body proposed to give it him? A. Yes—master kept a cask of porter in the house—I saw the deceased drinking some porter which the servant

gave him at dinner, and some afterwards, before master gave him the spirits and water—I heard him say it was his birthday, but nothing about liking to be a little jolly—Kennett did not live in the house—he was in the habit of calling—I had not seen him that day before—it was about ten o'clock that he came, as near as I can say—it was an hour before I ordered the supper from the Garrick—I do not know whether the water which was given to the deceased with the spirits on the sofa was brought from the surgery—I know soda when I see it—I did not see any mixed with the water or the brandy—I was not in the room all the time the man was there.

Cross-examined by MR. CHARNOCK. Q. Did you see the soda bottle in the surgery or in the shop? A. was in the shop down stairs on the shelf—the prisoner Joseph had nothing to do with the business—he only came to see master—if people came in at times, he would serve them—I did not fill the glasses at supper.

MR. CLARKSON. Q. Used Joseph to sleep at the house? A. Yes, he had slept there for about a month—he is a medical student, and lived at another doctor's—I do not know whether he was an apprentice or student— Kennett came about an hour before the supper came—the deceased dined about half-past five or six o'clock with me and the servant—we drank porter then, and had some in about an hour and a half after—I fetched it in a pint pot, and he bad some in a tumbler—he was perfectly sober after that, and when he asked master for the gin, and when I first went into the room, where they sat round the table—master had not the word "surgeon" painted over the door—people came there to ask his advice—I do not know what has become of Jemima.

MR. JONES. Q. Have you seen her lately? A. No, not for a fort-night.

JOHN KEMP . I am a driver of a cab. On the 8th of November I was called from a stand in the Strand, about half-past two o'clock, by the servant man, to Drury-lane—when I got there, I was desired to wait, which I did about an hour—it was a chymist's shop at the corner of Russell-street—the three prisoners came down, and said there was a friend of theirs rather tipsy—they wished me to drive him home—they gave me a glass of brandy and water—I had then been waiting about a quarter of an hour—they all three spoke to me—after that, two of the gentlemen, I cannot say which, brought a person down stairs, very tipsy—I did not see the third—they assisted the man down by his arms—he teemed very tipsy—I was standing in the front shop at the time, and the door half open—I could not see where they took the person—there is a little room behind the shop, with a glass door—I could not see through the door, and did not see any thing given to the man—I heard one of the gentlemen say, "Take it, it will do you good"—the gentleman was in the back room, and the man too—I do not think I heard it said more than once—he remained there a short time, and they took him up stairs again, advised him to lay down on the couch, and he would be better—he was brought down in about twenty minutes—I cannot say which brought him down—the three gentlemen were there—he was in a very helpless state—two of the gentlemen assisted him into the cab, and the same gentlemen went with me on the box—it was Mr. Kennett and John Richard Packard—the third person remained in the shop, the door stood spent—I was directed by one of them to go to the Hum-mums in Covent-garden—when I got there, they both got down, and told

me to take the deceased to No. 18, Chancery-lane, giving me half-a-crown—they did not open the door of the cab, or take any notice of the man in-side—they left—I drove to No. 18, Chancery-lane, knocked, but could not procure admission—I staid there, trying to get in, five or ten minutes—I then tried to arouse the man in the cab, but could make no sense of him—I drove back to the house in Drury-lane, rang the nightbell three or four times, but could not get any answer—I then took the man to Bow-street Office—the man was then crouched down at the bottom of the cab—I lifted him on the seat, then went to the inspector, stated the case to him, leaving him on the seat of the cab—he groaned at that time, or made some noise—the inspector would not interfere, and I went round to Drury-lane again with the man in the cab, and rang the bell, I could not make any body hear—I brought him back to Bow-street, took him out, and put him on the step of a door, and waited till a policeman came up, which was two or three minutes—I cannot say whether he was alive or not when I pat him on the step—he was in a very helpless state—the policeman looked at him, and said he was dead—we took him to the station on a stretcher—I went with a policeman to Drury-lane again between four and five, rang the bell, but nobody answered—as I returned to Bow-street, about five in the morning, with the policeman, I saw Joseph Packard and Kennett—I pointed them out to the inspector, who took them.

Cross-examined by MR. CHARNOCK. Q. You did not go up stairs? A. No—I cannot say who the two who brought him down stairs and put him into the cab were—they were up and down stairs two or three times—their manner to the deceased was very kind.

MR. CLARKSON. Q. Did he appear intoxicated when they brought him down? A. Yes, very drunk—the third man was in the shop when they brought him down, and when they put him into the cab.

RICHARD LATTER . I am a policeman. On the forenoon of the 16th of November I saw Kemp in Bow-street, and a man on the step of a door—in consequence of what Kemp said to me, I looked at him, and he appeared to be dead—I took the number of the cab, got a stretcher, and took him to the station—I then went to Drury-lane to Mr. Packard's house, rung and knocked, but could not get admission—I was there five minutes with Kemp—we made a second attempt to get in, but failed—on returning we met the prisoners Kennett and Joseph Packard, and from what Kemp said I took them into custody—they were standing in Bow-street—they wanted to know the reason I took them—I said they would see—the inspector afterwards told them in my presence they were to be detained, to know how the man came by his death—they said they did not know any thing about it—Kemp told the inspector that Kennett was the man that helped to put the man in the cab—Kennett said he had nothing to do with it, neither had he been in Drury-lane—about an hour after I saw Kennett again—he told the inspector then that he was there, and told him the name of Mr. Packard, the owner of the house—Kennett was drunk when I took him, but must have known what he was about—I afterwards fetched Mr. Snitch, the surgeon, to the station— he saw the deceased.

Cross-examined by MR. JONES. Q. Was it more than an hour after you took him that he said he had been in Drury-lane? A. About an hour—he had been in the charge-room that time—he appeared rather more sober than before—he did not appear very much intoxicated when I

took him—he could stand and walk—he had hold of the other gentleman's arm—they walked as well as I could myself—I was sober.

Cross-examined by MR. CHARNOCK. Q. When Joseph Packard said he knew nothing of the matter, you had told him the man was dead? A. did not tell him so till he was at the station—he said he did not know any thing about the case at all.

MR. BODKIN. Q. When did he say he had not been in Drury-lane? A. Mr. Kennett said that soon after be came to the station.

MR. JONES. Q. Hare you seen Mr. Foulkes in Court to-day? A. No, nor his son.

CHARLES JAMES SNITCH . I am a surgeon, and live in Brydges-street, Covent-garden; I am appointed to attend oases at the station at Bow-street. On the 8th of November, I was called there and shown the body of a man—I saw no appearance of external violence whatever—I noticed nothing more than the appearance of ecchymosis round the throat, that would follow a pressure, which took place during life, or it might proceed from any thing done immediately after death, but not after the body was cold—I have heard the particulars of the treatment he received—I should think the situation he was in the cab, very likely to conduce to the ecchymosis appearance, I mean falling down in the cab with his head downward—I noticed saliva coming from his mouth, and slime from his nostril—the pupil of the eye was dilated—I made post mortem examination the following day at three o'clock, in the presence of Mr. Brooks, and have a note of that examination—(reads)"—Externally the body presented no marks of violence. It was intimated by a gentleman present, that he thought he perceived a red line round the throat, but upon examination it proved to be nothing more than the usual appearance from ecchymosed blood, probably arising from the position, as I understand the body was crouched down at the bottom of the cab. On removing the cal varium or scull cap, the following appearance presented itself:—the blood vessels of the dura mater or outer covering of the brain were distended with congested, that is, congealed blood; this membrane adhering very firmly to the scull bone; the blood vessels on the brain were in the same gorged and distended state; on removing a portion of the brain, a quantity of water, about two ounces, was seen in the ventricles, the usual quantity being but a very few drops; there was also a slight rupture of some of the minute vessels, and a few drops of blood effused. The chest was next examined; the heart small in size, but perfectly healthy, and somewhat fat; the lungs distended with congested blood. The abdomen was next examined; the external surface of the stomach, the small and large intestines, exhibited the blood-vessels in the same full and distended state as those of the brain, vis., surcharged with congested blood; the liver appeared perfectly healthy, and proved so on being cut into and examined, from which I infer the man could not have been a drinker, at least not a confirmed one; but this is not always the case, as I have seen, the livers of habitual drunkards sometimes quite healthy—the urinary organs full of urine. The stomach was very carefully removed from its situation; in detaching it, a few drops of fluid escaped, which a gentleman present, Mr. Coatee, said had a strong spirituous smell; I did not myself detect any particular odour; the contents were emptied into a bottle. The internal condition of the stomach was next examined, its coats found to be extremely thin, more particularly so in parts, its blood-vessels exhibiting the same full state

as in the other organs; its whole complexion indicated some little degree of inflammation. It was next washed, and the water deposited in another bottle; these two bottles I carried to a gentleman of the name of Wondor, but I was not present at his examination of them.

Q. What is the result of all this examination as far as you can judge? A. As far as my observation goes, there was nothing exhibiting any poisonous matter—there was an appearance of spirituous liquors—under such circumstances, I can come to no other conclusion than that the deceased died from a state strongly bordering on apoplexy, but whether caused from the excess of spirits, wine, or malt liquor, or whether the result of his age, I am unable to state—if unaccustomed to drink, the effect would of course be more likely to cause such a termination—I should say the position he was in the cab, was likely to cause suffocation, and such appearances presented themselves—I conceive the ecchymosis about the neck arose from pressure at the throat, but it was very slight—it indicated pressure during life.

Q. Supposing him to be in the state described, the vessels congested as you have told us, would pressure on the throat, arising from the position he was found in the cab, be likely to cause death? A. It would assist in doing it.

Cross-examined by MR. CHAMBERS. Q. How long would two ounces of water be collecting in the ventricles? A. I cannot tell—I did not regard the water of as consequence, as there was sufficient to account for death without the presence of water—it might be some time in collecting, or might collect very quickly, if he was the subject of previous disease—it is hardly probable that it would collect in five or six hours, but I have known children going to bed well, and in the morning a considerable quantity of blood effused into the brain—water will effuse in a very short time—I do not know why that should occur with adults, as well as infants—it does not flow quite so rapidly in adults—it would not go on after death—his liver was perfectly healthy, and altogether I should say he was a healthy subject.

Q. Was there a predisposition to apoplexy as far as you could judge? A. He was certainly short-necked, but there was nothing beyond that—the adhesion of the dura mater to the scull-bone, must have been the result of some inflammation existing for a considerable period from some chronic disease of some length of time—it is frequently met with at that time of life, but not to that excessive degree—I found animal matter, and vinous and fermented liquor in the stomach, about a pint in all—it was fowl, ham and porter, but Mr. Brooks more particularly examined the contents of the stomach—apoplexy may be produced by an overloaded stomach with solid food, particularly where there has been stimulating liquor, but I should not say so of the present case, because after having a large quantity of spirits, wine and beer, as I understand, he was put into a cab and driven about for one, two, or perhaps more hours, in the streets of London—I attribute it to solid food, stimulating liquor, and exercise in a cab—solid food taken by a person unaccustomed to live well, has a powerful effect if taken to excess—the term excess depends on the habits of a person—what is one man's meat, is another man's poison—but his stomach was not distended—there was barely a pint, liquor and all—the solid contents were partly undigested, and partly digested—I am forty six years old—I very rarely attend dinner-parties—drinking largely after dinner may lead to immediate

death—all the world are in the habit of eating and drinking too much—there are more individuals starved to death (if I may use the expression) by overeating than undereating.

Cross-examined by MR. JONES. Q. The presence of water on the brain indicated an unhealthy state, did it not? A. Yes, generally speaking it must indicate some foregone disease, but I do not pay much attention to the water, seeing so much that was sufficient to account for death, independent of that.

Q. Throwing aside all the other appearances, might not the water alone be sufficient to cause death? A. I fear not, having opened the heads of persons free from disease, and found water, when in life there was no indication of water—it is an acknowledged fact that persons go about in good health with a large quantity of water—I cannot impute the death to the water in this case, seeing what I did besides—if I had found the body perfectly free from all disease, and two ounces of water on the ventricles of the brain, I should say that had something to do with the death, and probably it would have caused death.

Cross-examined by MR. CHARNOCK. Q. Is not a person with that quantity of water on the brain more likely to die of apoplexy than one who had none? A. No—the water found there was thrown off by the bloodvessels, and when you find apoplexy, there is generally a rupture of bloodvessels—the coats of the stomach, being thin would indicate there was a little disease—I do not think the fat of the heart would at all tend to produce apoplexy—the water on the brain, fatness of the heart, and thinness of the coats of the stomach, altogether would combine to produce apoplexy—the ecchymosis was only on one side of the neck, and exceedingly slight.

MR. BODKIN. Q. Was there any thing in the appearance of the animal portion of the contents of the stomach to account for death? A. There was nothing; unusual—from the appearance at the post mortem examination, I fear it is more likely that his death was caused by the treatment he received.

COURT. Q. Supposing he had a quantity of spirits and water and port-wine together, with his food, and afterwards was placed in a cab, driven about from place to place, looking at the state of his body after death, what should you attribute death to? A. I should be fearful such treatment had accelerated death.

BENJAMIN BROOKS . I am a surgeon, and was present at the post mortem examination—I have heard the evidence of Mr. Snitch, and concur with him in the appearance the body presented, and in the probable cause of death.

COURT. Q. Yon are of opinion, from what you observe, if he had taken a considerable quantity of wine, spirits, and food, and was then driven about in a cab. it would have occasioned his death? A. think it would have accelerated his death.




Confined One Month.

First Jury, before Mr. Baron Parke.

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