19th November 1866
Reference Numbert18661119-49
VerdictNot Guilty > unknown

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49. RICHARD ROBERT PARRY (26) , Feloniously killing and slaying Septimus Hoskins. He was also charged on the coroner's inquisition with the like offence.

MESSRS. METCALFE and STRAIGHT conducted the Prosecution, and MR. RIBTON the Defence.

CAROLINE GARRETT . I live at 34, Chalk Farm Road, Haverstock Hill, and am sixteen years old—on Wednesday, the 10th October, I went to the Railway Tavern, kept by Mr. Parry—I live next door—I went for a pint of ale—when I went in the barmaid and Parry were in the bar—Hoskins came in afterwards—I knew him by sight—I had seen him about the neighbourhood—he was a short old man—he asked Parry for half a quartern of gin, with which Parry served him—he put down a two-shilling piece, and said to Parry, "What did you turn me out for the other night?"—Parry said, "For grossly insulting my wife"—some abusive language arose between them, and Parry made a strike at Hoskins over the bar and missed him—he jumped over the bar and knocked him down, and beat his head against the boards with his hands—he did it three or four times, I should say—Hoskins called out "Murder!"—there was a little private bar and a little door, that you can get from one part of the place to the other—there is a bottle and jug department, which divides it—the door was undone, and I went through there and opened the front door and let Hoskins out—he was dragged out by Parry and Mike, a man who sells apples at a stall outside Parry's house—I opened the door, and let them drag him out—when Hoskins got up he called Parry an abusive name, and Parry slapped his face, and with that he fell down—he slapped him with his open hand as hard as he could—Hoskins called Parry abusive names several times—when he fell Parry went to hit at him, and knocked one of his teeth out with his fist—after that Hoskins tried to get up—while he was trying to get up Parry struck him twice or three times I think, once in the mouth, which bled furiously, where the tooth was knocked out, and

the other was under the eye—he struck at him with his clenched fists—after that Hoskins did not go in, but waited outside the door and called Parry abusive names—Parry went in—Hoskins's eye was very much swollen, and his collar and necktie was torn completely off, and his mouth was bleeding—he held a handkerchief to it by his left hand—I picked up his tooth that had been knocked out, and gave it to him—I helped him up and fastened his collar and necktie.

Cross-examined. Q. Were you examined before the Magistrate? A. I was not called in—when the inquest was on I was not at home—I assist my father in his business—he is an upholsterer—I run the seams together—I work in my father's house when he has work—I work nowhere else—I did not see what occurred on the Monday—the deceased came out of the door, and I heard what was said—I saw some struggling at the door—the deceased was not trying to make his way into the house again—he only said, "Give me my change"—he said that at the door several times—while he was saying that the prisoner went inside and got over the bar, when Mr. Hoskins hallooed in an abusive name to him, and then the prisoner returned out—he hallooed it out more than twice, out loud just out-side Mr. Parry's door—it was after he got up—I saw him come out of the tavern—at first, when he went in, he asked for what refreshment he required—I was inside—I heard his words, and I did not return out till it finished—I heard all that passed—the language made use of by the deceased is not fit to mention—he said, "What did you turn me out for on Monday night? It was not me that did it, it was another surveyor that I had with me"—there were two stablemen inside—they sat in the further bar that leads to the coffee-room—I swear that the prisoner knocked the deceased's head against the floor several times—he was going to get up, and the prisoner knocked him down again—I went and opened the door, and he was dragged out by Mr. Parry by one arm and Mike by the other—he laid senseless on the ground then for some time—it was after that that he came to the door and abused Mr. Parry—I first gave this evidence to Mr. Wontner, the solicitor—I do not know the date now—I was examined before the grand jury on Monday—that was the first time I gave public evidence—I have only known the prisoner since he came to the place—I cannot say how long that is—I have not been speaking to my father about this matter—I have not heard him make any offer—he is here if you require him—he saw nothing of this—I know one of the two men that were in the place, not the other—he is an ostler—I do not know his name—I know Rogers, a fishman—he was not there at all—he was not inside—he was not at the doorway—I believe he had gone on an errand or something—he came up very near as it was over—I told Mr. Wontner that I did not know the names of the two men that were there—he asked me if there were any men there—I told him two, and that I knew one, but not the other—I knew one only by sight—he did not ask me to try to find him out, or point him out—I swear that the prisoner knocked the deceased's head against the floor—he catched It in his hands like that, and dashed it against the boards like that (with both hands)—I think I saw Mr. Wontner on the Monday or Tuesday week after the inquest—Mr. Hoskins, the deceased's son, came for me—I was subpoenaed—I knew nothing of the inquest—I was in the City along with my mother and father.

MR. METCALFE. Q. You say Mike helped to take him out; where did he come from? A. He was outside selling his apples, and when he saw the

scuffle he came up to the door the same as any one else to look on—that was when I opened the door.

MR. RIBTON. Q. Do you know a Mrs. Tuskin? A. No (she was called in)—I know her by sight—I have spoken to her once or twice—I saw her this morning—I merely said "Good morning," and asked her how the baby was—I have not seen her at any other time—I never said to her that I knew nothing at all about this, that I only came here to get 5s. a day, and that my father had been to the defendant about it—I never said that, nor did I say that he had kept me out of the way at the inquest—I deny all that.

COURT. Q. Where were you in the City with your father and mother on the day of the inquest? A. I do not know the name of the lane—it is a turning out of the City against the Bank—we went out with father—he went on business to a gentleman he does work for, and he merely said to me and mother, "Will you walk with me?" and we did so—we did not go into any place—we waited for him—I had no idea the inquest was coming on, or I would not have gone—I had no idea there was going to be an inquest—I did not know of it till Mr. Hoskins called on me.

MARY GARRETT . I am the wife of William Garrett, a furniture dealer—the last witness is my daughter—on the 10th October I was standing outside my shop, which is next door to the Railway Tavern—I saw Mr. Hoskins drawn out on the ground by Mr. Parry, and my daughter went to help to push the doors open—Mr. Mike helped to push the door open too—I do not know him by any other name—he sells apples—when he was dragged out I saw Mr. Parry brutally hit him on the ground three times on the head—he laid quiet for a little time, stunned—after that I saw him get on his knees—Mr. Parry was going towards his own house, and he would have gone in, but Mr. Hoskins insulted him by calling him a bad name, and Mr. Parry returned, and when he returned my bookcase came on me—it was a piece of furniture that was outside—there was a good many people there—it was knocked down by Mr. Parry striking at Mr. Hoskins on the ground—he was then on his knees—this took place just off my step—Mr. Parry said, "You insulted my wife"—Hoskins said, "I did not, it was not' me"—a crowd then collected round, and after that I had enough to do to take care of my furniture.

Cross-examined. Q. You were not inside the tavern? A. No—I never left my bookcase till the fighting was over—I did not see what occurred inside—the first I saw was Mr. Parry helping to drag out Mr. Hoskins on the ground—he seemed to draw him himself pretty well—Mike was helping to push open the door.

COURT. Q. Where was your daughter? A. Standing by the side of the bookcase after she had gone in—she had been to fetch a pint of ale, into Mr. Parry's—I saw her help to push the doors open—she then stood by my side till the bookcase fell on me—I did not hear of the inquest—I went into the City with my husband—it was held at the Prince of Wales I think, that is just down the street, by Mr. Parry's house.

MARY PRICE . I am servant to Mrs. Smith, of 32, Chalk Farm Road—there are two houses between that and the Railway Tavern—my mistress was sitting at the window at work when this took place—I went into the room—there was a noise at the Railway Tavern—I walked towards the window and told my mistress, and we threw up the window, and I saw the prisoner and the deceased coming out—they had both got up their hands—Parry was trying to put Hoskins from the house, and Hoskins was

trying to reenter it—I saw Parry strike Hoskins one blow in the face, and he fell on the stones—he lay there for a second or two, then he partially raised himself, got up, and walked about with his collar and necktie in one hand and his handkerchief in the other, frequently putting it to his mouth—he walked about I should say for twenty minutes—I then came in, my mistress told me to shut the window—it was not dark, it was getting dusk—I could not say whether there was any blood on him—I saw no one go to him when he was knocked down—Mr. Parry went indoors directly, and he looked very pale—I did not hear any language at all.

Cross-examined. Q. Have you told us air you saw? A. Yes—my attention was directed to them from the first time they came out—Hoskins seemed to be trying to reenter the house—I saw Mr. Parry push him out—that was the only struggle I saw—I did not see Hoskins pushing against Mr. Parry—I saw both of them with their hands up, and then a blow struck, and after that Mr. Parry went in.

COURT. Q. Are you sure he was not dragged out? A. I am confident he was not—he was on his feet when I saw him—I saw a man standing there with apples—I did not see him do anything—I saw Caroline Garrett and her mother standing protecting their goods in the struggle—there appeared something like a cheffonier pushed over, and I saw them picking it up—our house is next but one to theirs, on the same side of the way.

Q. How was it you were able to see it from your window? A. We put our heads out—the deceased came out of the house on his feet—he appeared to try to get in again—he walked from one door to the other—there are three doors altogether to the public-house—I did not see what happened to him when he got to the other door—I saw that he walked about for twenty minutes afterwards—it was not before Mr. Parry struck him that he tried to reenter the house, it was afterwards—I could not say whether Mr. Parry had got him by the collar or the shoulders—the instant we opened the window we saw Hoskins come out as though somebody was pushing him—I do not know what made Mr. Parry strike him—he struck the blow the instant he was out, and down Mr. Hoskins fell—I did not see but one blow—Mr. Parry did not kick him when he was down or hit him—I am confident of that.

AMELIA SMITH . I live at 32, Chalk Farm Road—On the 10th October, between five and six o'clock, I heard a disturbance at the Railway Tavern—my servant, Mary Price, raised the window; I looked out and saw two gentlemen coming from the Railway Tavern, at the door nearest to my house—their hands were raised, Mr. Parry was pushing the deceased forward, and he was trying to reenter the house—I then saw Mr. Parry give him one blow, and he fell to the ground with a very heavy fall on the stones on the back of his head, and I said, "Oh dear, he has killed him"—he remained insensible for a few seconds, then he partially raised himself, and then he got up, with his shirt collar and necktie in his hand—I did not see him take them off; when he came out of the house his shirt appeared loose, and his waistcoat was unbuttoned—after he got up he tried to reenter the house—he looked excited—I did not hear any language, I thought I heard Mr. Hoskins say, "You area liar," but I could not swear to that—I believe he was perfectly sober.

SEPTIMUS HOSKINS . I live at 74, Prince of Wales Road, and am the son of Septimus Hoskins, the deceased—he was sixty-four years of age, and was a surveyor—on the evening of the 10th October, when I came home, I found him sitting in an easy chair by the fire; he had a tremendous

black eye, his head was bandaged, and he had a blow in the mouth—he told me he had had a blow in the eye and in the mouth—when I left him in the morning he was to all appearance in the best of health; he died on the 2nd November.

Cross-examined. Q. He was generally a strong active man, was he not? A. He was—he was not out for two or three weeks after this transaction; he went out the next day, I did not see him, he did not stop long—Mr. Knight was with bim.

WILLIAM KNIGHT . I am a builder, 29, Alma Street—I knew the deceased—I was with him on Wednesday, the 10th October, from about half-past two till about five—I left him then under the railway arch, Chalk Farm, near the tavern—he was in good health, as far as I can say, and quite sober.

Cross-examined. Q. Did you see him out frequently after the 10th? A. No; he was out once with me, next day, the 11th—we went out to do a little business for an hour, but he could not manage it, he went back home again; I did not see him again.

JURY to MRS. GARRETT. Q. Was any of your furniture broken? A. Two little pieces off the bottom of the bookcase, by falling over—I did not make a claim on the prisoner for that, merely told him of it—we have not sent in any bill—I told him he had broken the bookcase, I got my husband next morning to put on the pieces that were broken off; the bookcase was worth four guineas—I suppose any one might have mended it for 1s. 6d. or 2s.—I did not tell the prisoner how must it cost—I said, "You have broken my bookcase, and my husband mended it."

BENJAMIN BAILEY , M. R. C. S. On Sunday evening, the 14th October, I was called to see Mr. Hoskins; he was suffering from great pain in his head; he had a severe bruise under the left eye, and there was extravasated blood in the surface of the eyeball itself—his pain was principally in his forehead—he was somewhat rational in his conversation, and apparently attended to business—I continued to attend him until the time of his death, on the 2nd November—from the apparent weakness of his system, I considered it would be as well to see another medical man, and I called in Dr. George—during the last two or three days he was more or less unconscious—sleepy—I made a post-mortem examination—externally there was a bruise under the left eye, with effusion of blood round the ball, a yellowish discolouration of the scalp on the right side on the skin of the head—internally the dura mater was very much thickened and adherent all over the inner surface of the bones of the skull, and underneath the dura mater, on the entire surface of the right hemisphere, was a diffused coagulum of blood from the back to the front—the lungs were flaccid and loaded with mucus; the heart was flaccid and loaded with fat—the liver was large, indurated, and presented a nutmeg-like appearance on being cut into—the coats of the stomach were thickened and contained a brownish liquid like beef-tea; the kidneys were enlarged, somewhat soft, and enveloped in thick fat; the left kidney on the lower part contained two cists of serum, which burst—they contained about a tablespoonful of serum each; the spleen was healthy—the cause of death was the extravasation of blood on the brain, that might be caused by external violence—when I first examined him his head was sore on the right side, he could not bear any pressure, and there was great heat over the forehead, it was burning to the hand.

Cross-examined. Q. Do I understand you to speak with confidence that the injury to the head was the cause of death? A. Yes—when he complained of pain in the first instance it was on the forehead and round the sides, but the clot was at the side, and on the top part of the half of the hemisphere—there was no injury at the top of the head, no bone broken, there was a bruise, not on the top, on the side, one bruise—I should think it might have been the result of one fall—he was a moderately built man, something weighty, not particularly muscular, but wellformed—I should take him to be about twelve or thirteen stone, and about five feet four inches in height; I should call that a moderate height.

COURT. Q. Put your hand to where the external injury was that you saw when he was alive? A. About there (near the top of the head)—he could have got that if he had had his head knocked on the ground by falling—if he was taken by the ears or hair, or collar, and his head knocked on the ground, I should think it likely that part would be touched, because the neck would give to a certain extent as he bent over—he might have fallen on that part of his head—his feet would to a certain extent be up in the air for him to do so, but he would fall that way, even if he was struck.

MR. RIBTON called the following Witnesses for the Defence:—THOMAS ROGERS. I did not see anything that happened on the Monday—on the Wednesday I was standing by my stall opposite Mr. Parry's house; I heard a noise in one of the compartments of the bar—I went to see what it was, and I saw Mr. Parry trying to turn a man out—I opened the door, and the old gentleman was sitting on his latter end on the floor, and Mr. Parry put his hands under his armpits, and lifted him out—when he got; outside he made use of very bad languare, and called Mr. Parry a b—vagabond, and squared up to him in a fighting attitude, and Mr. Parry hit him and knocked him down; he then went indoors, he did not strike or kick him while he was on the ground; as soon as he delivered the blow he went indoors—I am quite sure the deceased squared up, he did it in that way (in a boxing attitude)—he squared right up to him—I know Caroline Garrett, I saw her standing by the side of her mother, and my wife was standing at the other side of her mother at the time—there was no one in the bar barring Mr. Parry and the old gentleman when I opened the door.

Cross-examined. Q. You keep the apple-stall outside the public-house? A., No, I sell oysters, whelks, etc., anything I can buy—I am not the man they call Mike—I know him—my stall is opposite Mr. Parry's house, on the same ground the house stands on, about seven yards from it—Mr. Parry gives me permission to stand there—I have stood there six or seven years—I know Mr. Parry, of course—when I have anything to spare I spend it there—he never gives me anything to drink—I never had a drain at his expense till yesterday, opposite here—I have not seen a good deal of Mr. Parry in the last two or three days—I was with him yesterday for about five minutes—he said nothing about this case, not a word—he did not talk to me at all—there were more there besides me, I don't know who—no one that is here—my wife was not there, nor Mrs. Tuskin—I know her by sight, I came down with her—she does not live near me—Mr. Parry said nothing to me, only asked if I would like anything, and I preferred threepennyworth of brandy, and that was all—When I heard the disturbance in the house I did not go in and assist in taking out Mr. Hoskins—I did not go in at all—I did not notice his shirt and collar.

MR. RIBTON. Q. Were you examined before the coroner? A. Yes, I was subpoenaed to attend here—when the deceased squared up to Mr. Parry he called him a b—vagabond—he said two or three different words—that was the only word I caught hold of—after Mr. Parry knocked him down he got up and said he would fight him for an hour.

MARY JANE TUSKIN . I live at No. 31, Leonard Square—my husband is a coal-heaver—I know Caroline Garrett by sight—I have spoken to her—I saw her three days after the coroner's inquest—I heard of what occurred at the public-house—I had not heard of the death of the old man before she told me—I and my sister, Mrs. Thomas, were going to Mr. Cook's, the butter-shop, and we met Miss Garrett—she said, "Do you know anything of Mr. Parry's affair?"—I said, "No, not much; did you see it?"—she said, "Yes, I was in there getting some ale"—I said, "Oh"—and she said, "Well, Mr. Parry jumped over the bar and struck at the old gentleman, and then went and bolted the door, and knocked the old gentleman down and then kicked him"—I said, "Were you in there when he done that?"—she said, "No, I was outside"—I said, "Then how did you see it?"—she said, "I only go by what the newspapers tell me and what I was told"—I said, "Then you will swear false"—she said, "Never mind; there's plenty of money, because I shall get my dollar a day."

Cross-examined. Q. What was the day this conversation took place? A. It was the third day after the inquest—it took place close by Mr. Parry's public-house—I am really married—I do not go out to work—I am not very intimate with Miss Garrett—they have got a shop next door to Mr. Parry's, and whenever I go by she generally stops and speaks to me, and asks how the baby is—I did not mention this conversation before this morning; then I told it to Mr. Parry himself, in his own house, because I thought it was my place to do so—I did not hear of the inquest—I did not know that the gentleman was dead—I never knew anything about it before this young person told me—I did not mention it to Mr. Parry before, because I did not know there was any bother about it—I hardly ever go down there, except I go down to my husband, where he works—I live a goodish distance from there—I go down there about twice a week to see for my husband—they pay just outside Mr. Parry's house—my husband does not use the house, he is a teetotaller—Mr. Parry did not bring me here to-day, I came with Mrs. Rogers—I told Mr. Parry the same that I have told you, the truth, what Miss Garrett told me—she said she had heard that lots of money was flying about, and she did not care, for she should get her dollar a-day: those were the words she said to me.

MR. RIBTON. Q. How came you to go to Mr. Parry's? A. Mrs. Rogers said the best thing I could do, as I heard that, was to go there—I met her this morning—we were talking about the matter, and I told her what this girl had said, and she said it was my place to go and see Mr. Parry—I heard Mrs. Rogers had to come here.

COURT. Q. How came you to mention this girl? Did you know anything about her coming here? A. Yes, she told me herself she was coming here—she said she was subpoenaed up to come, and asked me if I was coming, and I said, "No"—that was three days after the inquest—I had not seen Mrs. Rogers till this morning—I did not tell anybody else, because I did not know it was anything to do with me—I am not to have a dollar a day—I don't wish for anything whatever, because I don't earn it—I have nothing to do but keep my place clean and my baby, and that I did this morning before I came away—I brought the baby with me to-day.

SARAH THOMAS . I know Mrs. Tuskin and Caroline Garrett—I heard of this affair at Mr. Parry's house three days after the inquest—Mrs. Tuskin and I met Caroline Garrett close by Mr. Parry's house—she asked my sister, Mrs. Tuskin, had she seen anything of Mr. Parry's affair—Mrs. Tuskin said, "No; did you?"—she said, "Yes, I saw it all"—she said that she was inside, getting some ale, when Mr. Parry jumped over the counter and struck the old gentleman—he immediately ran and shut the door and knocked the old gentleman down and kicked him—Mrs. Tuskin said, "Did Mr. Parry lock you in?"—she said, "Oh no, he did not lock me in; all I want is money"—Mrs. Tuskin said, "You are going to take a false oath"—she said, "Never mind, as long as I get my dollar a day"—that was all I heard—she said she did not see what took place inside—she said the mob was so great outside the house that she could not get nearer than her father's door, she only went by what other people said and what was in the papers—I did not mention this to anybody—my husband said I had better come up, that Miss Garrett was going to take a false oath, and, if I was wanted, to come and say what she told my sister and me—I told him what Miss Garrett had said, and he said I could come up if I was wanted—I came here this morning to help to carry my sister's baby, or else I do not know that I should have come.

Cross-examined. Q. When did you first mention this to your husband? A. Last week, on Tuesday or Wednesday, I do not know exactly—I work hard for my living—I have got a mangle—it is not doing anything to-day—I do not much with it before Friday or Saturday—those are my best days—I do not know Mr. Parry particularly—I go there for my beer of a night and occasionally have beer there—sometimes I may be there two or three times a week, and sometimes I do not go there for a fortnight—I did not know about this affair till Miss Garrett told me and my sister of it—that was three days after the inquest—I have not been to the public-house since then—my husband is a teetotaller—I take half a pint of beer when I want it—I did not go and tell Mr. Parry anything about this—I knew I could give important evidence.

COURT. Q. When did you agree to come here with your sister to take care of the baby? A. This morning—I had not arranged it before that—she asked if I would come with her—she lives about five minutes' walk from me—she came to me this morning and said she would come if she was wanted, and spoke about what Miss Garrett had told her and me, and I said, "If you go I will go with you"—I spoke to my husband about it last night—he said if I was wanted I could come—he did not order me to come—Miss Garrett told me and my sister that she was subpoenaed here as a witness—I did not go and tell Mr. Parry, because I did not want to have anything to do with it—it is the truth that I have told.

EUPHEMIA ROGERS . On the night this happened I was standing next door to Mr. Parry's along with Mrs. Garrett and her daughter—I saw my husband open the door while Mr. Parry lifted the deceased out—after that he sparred up to Mr. Porry and used very bad language—he said he was a b—son of a b—and Mr. Parry struck him on the mouth and then returned indoors—the girl Garrett was with me all the time, and for three or four minutes before I saw them come out of the house—she had not been inside, I am quite sure of that.

Cross-examined. Q. What are you? A. I keep an oyster stall at the Railway Tavern with my husband—I did not go to the inquest—I did not know that I was wanted—if I had been wanted I should have been there

—I was not aware that what I had to say was important—my husband went to the inquest—I came here to-day with him—I did not talk the matter over with him on the way—I never mentioned it—I saw Mr. Parry to-day in his bar just before I started—I was only waiting to see whether I was to come or not—there was a great crowd when this took place—I first mentioned what I have stated to-day last Monday to Mr. Parry and another gentleman who sat by his side—that was upstairs in Mr. Parry's house—I was not sent for—I had mentioned to Mr. Parry about what I saw of it before that, but it was not till Monday that I told him what I knew—I do not know when the inquest was.

AMELIA SMITH (re-examined). I did not see the deceased square to Mr. Parry at all—I am sure he did not—his hand was up in this way, pushing—that was after he was outside—he appeared to be trying to reenter the house—there was no clenching of the fist.

MARY PRICE (re-examined). I say exactly the same as my mistress—I only saw their hands up—Mr. Hoskins was endeavouring to push Mr. Parry, to get into the house again—I did not see any squaring—he had his hands open, endeavouring to push Mr. Parry, to get into the house.

COURT to CAROLINE GARRETT. Q. Now, be careful: have you heard what these two women have said about you? A. Yes, but I never see them, I still deny them—I never saw them—I knew nothing of it till I received my subpoena, when I was to come on the inquest, or anything—I did not have this conversation with them—it is untrue—I say I did not see them, I merely saw the one with the baby this morning, and said "Good morning" to her—I swear it is untrue—I was getting a pint of four ale for my mother, she was going to drink it, she was very thirsty—she had had her dinner—it was not her supper ale, it was between five and six o'clock—she sent me in—I persist in my statement that I was inside, or else I should not have known—I did not say anything about getting a dollar a day, or anything about the newspaper—Mr. Wontner, the solicitor, gave me a subpoena—I don't know the date.

SEPTIMUS HOSKINS (re-examined). It was his own tooth that my father lost—he had a set of false teeth.

THOMAS ROGERS (re-examined). I know Mike, who keeps the applestall—he is here in court.

The prisoner received an excellent character. NOT GUILTY .

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