The trial was held at the West Riding Assizes at Leeds Town Hall
James Sargisson (20) Labourer, was indicted for the wilful murder
of John Cooper, at Laughton, near Rotherham, on the 9th of April 1864. The prisoner
pleaded not guilty. Two men named George Denton and William Taylor were
committed for trial by the magistrates on the charge, but the Grand Jury
ignored the bill against the former, and the prosecution did not present an
indictment against Taylor.
Mr. Overend, Q.C., Mr Maule, and Mr. Barker conducted the
prosecution, the prisoner was defended by Mr. Waddy.
Mr. Overend
stated the facts of the case to the jury. The deceased was a young man, twenty
six years of age, by trade a gardener, and for some time he had been employed
by Messrs. Fisher and Holmes of Handsworth, near Sheffield. His father and
Mother lived atStone, fourteen or fifteen miles from
Handsworth, and on the 9th of April, which was a Saturday, he started from his
employment, for the purpose of going home to see his friends. To go to Stone, he would have to pass through a village called Brook
House, thence to Slade Hooton, along Abbey Lane, and a farm called Bullytree
Hill. On the night in question he arrived at Brook House between nine and ten
o'clock, and went to a public house there, kept by a person named Mottram,
where there were also several other persons, named Richmond, Fletcher and
Taylor, as well as the prisoner. At that time the prisoner was dressed in drab
clothes. The deceased who was a tall man, was dressed in dark clothes, and had
with him two bundles and a walking stick. After remaining for some time in the
public house, something was said about the time, and the deceased, who had a
silver watch, pulled it out, enabling the prisoner to see it, and, in reply to
the remark of Mrs Mottram, said "Oh, yes, it is ten o'clock by Sheffield
time." Having partaken of refreshment, the deceased went away, but whether
before or after the prisoner was not clear. However that might be, almost
immediately afterwards a boy, who was in the road near, noticed a man in light
clothes, standing opposite the public house, apparently watching it. In a short
time a man in dark clothes, carrying two bundles and a walking stick, walked
down the road in the direction of Abbey lane, and almost instantly the man in
light clothes, a smaller man than the other, was seen to follow in the same
direction, and on the opposite side of the road, on which there was no
footpath.
The deceased
never reached the home of his parents, and the next morning a person going from
Bullytree Hill farm, walking towards Brook House, found the body of the deceased
in Abbey Lane. It was lying across the road, the head towards the road and the
feet towards the hedge. The body was in a pool of blood, and close to his head
was a large hedge stake, upon which were afterwards discovered marks of blood
and human hair adhering. The bundles and walking stick were on the ground, his
hat was off, his waistcoat open, and every pocket turned inside out and rifled
except one, in which were found a knife, some tobacco, and one or two trifling
articles. Assistance was obtained, the body was taken to a public house, and on
a post mortem examination it was proved beyond all doubt that the man had come
by his death by Violence. He Had received a severe blow on the top of his head,
other blows at the back of his head, indeed, being almost in a state of pulp.
He had received a black eye, and there were marks on his hands which would have
been produced if he had been engaged in a struggle.
Nothing
transpired to lead to the detection of the person who had been the cause of the
deceased death for some days, but suspicion attached to the prisoner. He had
been in the public house, and a man answering his description was seen walking
in the direction in which a man answering the description of the deceased was
known to have gone. Detective Officer Fisher had an interview with the
prisoner, and to him made a statement (one of three or four) which was of
considerable importance to the case. This statement was taken on the 11th of
April and in it he said that he was at Mottram's beer house about 8 o'clock on
the night of the murder, that he went there with William Taylor, Fletcher and
Richmond, that they played dominoes until half past nine, when the deceased man
came in and had a glass of ale, that he had a small bundle and a stick with him,
that whilst they were talking Mrs Mottram asked the time, and the deceased took
out his watch, a silver one, and said "It's ten minutes to ten" that
about five minutes afterwards, he (prisoner) left the house, leaving the
deceased there, that he went he went up to his own house, which was 100 yards
from Mottrams, but did not go in, that he went back again past the public
house, along the footpath leading to Laughton, and walked as far as Mr.
Ibbotson's, that he stood here a short time and heard company in the house,
that he returned home and found the family in bed, the time being twenty
minutes to eleven, that he did not see anyone except one woman whom he did not
know, and that he was wearing the same trousers, vest and slop he had on then
(drab clothes).
The inquest of the body of the
deceased was opened on the 12th of April, and adjourned to the 27th. Before the
last named day a reward of £100 had been offered to any person who would give
information as to who was the murderer, and at the adjourned inquest the
prisoner was present, and offered to make a statement, which was taken down in
writing. Substantially, that statement was the same as that originally given to
Fisher, excepting that he said he met Jane Hawke, and stood talking to her.
This statement was untrue, for Jane Hawke would be called and prove that she
never spoke to the prisoner on that night. Up to that time there was nothing to
lead to his apprehension, there was suspicion attaching to him, but nothing
sound. On the 3rd of May he was taken in custody and then made another
statement to Fisher. He said, "I am not guilty. I am as innocent as a
child." After being in the police office some little time he said to
Fisher, "I want to tell you how the deed was done. "Fisher told him
that what he said might be used against him, and after a caution the prisoner
proceeded - "When I came out of Mottrams I met George Denton." (This
man was subsequently apprehended, but the Grand Jury ignored the bill) He asked
me where I was going? and I said "home." Denton said "who is
that who's just come out before you?" I told him it was a stranger. He
said "Will you go on with me Jim?" I said "where to?" He
said, "To Slade Hooton." We went together. He said nothing about our attacking
Cooper until we got to Slade Hooton, and opposite the Beech House. He then said
"I think I know yon man who came out before you." Cooper was then
within hearing distance, and just before us. He also said "I think I know
where he is going." He then said "I'll tell you what my intentions is
if thou won't tell anyone." He said, "It isn't long since I came out
of York Castle, and I don't care how soon I go again." He said "Now
I'm going to murder him," meaning Cooper. At that time we were passing
Beech's, Abbey Close.
The route they would have taken:
He
then passed in front of me, and I saw him pull a stake out of the fence. He
then went up to the man and said "How are you, I think I know you."
Cooper said "Do you think so" I then saw him strike Cooper with the
stake and I saw him (deceased) fall in the hedge. He again struck him when
down, and I never heard the deceased speak after the first blow. Denton said to
me, "Jim, go and feel his pockets" I said "No George, I
can't." He then replied "Then I will", and I saw Denton rifle
the pockets and take his money and watch. He counted the money, and there was
seven shillings and sixpence in silver. He said that was all he had got out of
his pockets. Whilst taking the money, he said "Is he finished Jim?"
If he's not I'll finish the ..." He then took up the stick again and
struck him rapidly. He gave me the watch and told me to put it away for a day
or two. I took it and wrapped it in a piece of paper and a handkerchief, and
concealed it in our pig stye, and he kept the money. He said he was going to
Tickhill for a few days, and would take the watch and sell it for me. The
prisoner went on to say that before going up to the deceased, Denton put on a
false beard, that they afterwards met, and Denton asked if the police suspected
him, that there were some marks of blood on his trousers, and that he had
washed the marks off on Sunday morning. Before this statement was made the
prisoner was told that a pair of trousers, which had been washed and were
spotted with blood, had been found under the bed he slept upon. He then made
the statement admitting that the murder was committed in his presence. The only
evidence against Denton was the prisoners statement, which was uncorroborated,
was no evidence at all, but that statement was admissible against the prisoner
himself. The police officers, in consequence of this statement, went to the pig
stye alluded to and there found the watch, and it was a curious circumstance
that it was wrapped in a portion of newspaper, the corresponding piece being
found in the prisoners house. In the pig stye was also found a bunch of keys
which had belonged to the deceased.
The verdict of the coroners jury was one of 'Wilful murder against
some person or persons unknown'. The prisoner was taken before the magistrates,
and there made a statement in some respects similar to the one he had made to
Fisher, adding, however, some important details not previously given. Excepting
these statements of the possession of the property of the deceased, there was
very little against the prisoner, but it was for the jury to say whether under
the circumstances they could doubt, whatever might be their opinion as to
Denton’s guilt, that the prisoner was present at the time the deceased was
murdered.
The following evidence was then adduced :
William Greaves, Stonemason,
Roche Abbey , - On Sunday, the 10th April, I was proceeding from my own house
to Slade Hooton, I had to go down Abbey Lane, and saw a man laid dead, covered
in blood. That was at ten minutes to nine in the morning. The person was lying
with his head to the road and his feet in the hedge. I went for assistance, and
saw Samuel Beech. A policeman was sent for, and the body then removed.
Stephen Cooper - brother of the deceased. I am a labourer, living in Stone. On Sunday afternoon I went to Laughton, and there
found the dead body of my brother in the St Ledger’s Arms. He was a gardener,
and 26 years of age. He had been working for Messrs. Fisher and Holmes, at
Handsworth. Handsworth is 13 or 14 miles from Stone. My brother was expected at home on Saturday night,
but never came. In going from Handsworth to Stone you
pass through Brook House, Slade Hooton, Abbey Lane and Holme. (Inspector
Hookaday produced a watch and a bunch of keys) The watch was my brother’s. I
had seen it on the 23rd of November, and I can swear to it by a flaw between
the figures IV and V. The keys were also his, I have seen them in his
possession many a time.
Mr. Wm. Latimer, Surgeon, South
Anston. On the 13th April I made a post mortem examination of the deceased. On
the right temple I found a contused wound about one and a half inch in length,
on the left hand side of the head, from the temple towards the back part, the
skin and muscles were beaten almost to a pulpy state, apparently caused by a
repetition of blows from a blunt instrument, I also found a wound on the top of
the head, about an inch in length, and a contused wound immediately below the
left eye. On the right side of the neck I found an abrasion three inches in
length, the right hand was much swollen, and the left hand and wrist were also
much bruised and swollen. In the other respects the body was in a healthy
condition. The skull was not fractured. The wounds were sufficient to cause
death, that on the temple was more than sufficient. A blunt instrument would
have caused them. (Serjt. Mc Veitty produced a long hedge stake) Such a hedge
stake would be likely to produce the wounds - Cross examined:
I have seen a man named Denton. Cooper (deceased) was a tall man. The wound at
the top of the head, I think , was inflicted when the man was down on the
ground. The wound might have been caused by a kick. I have known the prisoner
before, and his family also. As far as I know, he has never been before a
magistrate in his life.
Sergeant Mc Veitty, one of the
West Riding Constabulary, stationed at Laughton, deposed to finding the
deceased body in Abbey Lane. There was a quantity of blood under his head, and
also in the hedge bottom. His were bloody, his waistcoat was thrown open, and
all his pockets were turned inside out except one. He examined that and found a
pair of gloves, some tobacco, and a pruning knife. The hedge stake he found lay
close to the deceased’s head.
Robert Mottram, Labourer,
Brook House - My father keeps a beer house, I remember the evening of Saturday,
April 9. I was at my father’s that night. James Sargisson, Wm. Taylor, George
Richmond, and Wm. Fletcher were there when I went about half past eight. The
deceased came in about nine. He had dark clothes on, and was carrying a bundle
and something in paper. He was sober. He stayed till about ten, and I was in
when he went out. I can’t remember whether Sargisson or Cooper went out first,
they went out near together. Whilst they were all in the house, someone asked
Cooper the time, and he said it was ten minutes to ten by Sheffield time. I did
not see his watch.
George Richmond - Machinist, Laughton. I was at Mottram’s beer house on Saturday
night, April 9. Whilst I was there, Sargisson and Taylor came in, and after
them, Robert Mottram, and then the deceased. There were some talk about the
time, and Cooper said it was twenty minutes to ten, and afterwards he said it
was ten o’clock by Sheffield time. He drew his watch out, and Sargisson, who
was standing on the hearth, could see it if he looked. I could not say whether
Sargisson or the deceased went out first, they went out together about a minute
past ten. It is about twenty minutes walk from the beer house to Abbey Lane.
Thos Fletcher, a boy thirteen
years of age, said, I live with my parents in Laughton. On Saturday night, 9th
April, I went with my brother to Brook House about half past nine. We went to
Mottram’s beer house. I did not go inside. I saw a man standing in the middle
of the road, opposite the house. He was dressed in drab clothes. I went to Mr
Ardrons, and then saw a tall man dressed in dark clothes, he was going towards
Hooton, with two bundles, one in each hand. I saw a man coming down the dyke
side, opposite the footpath going towards Hooton, in the same direction as the
dark man, he was like the man I saw at Mottrams.
Mr. Wm. W. Woodhead, deputy coroner
for the West Riding, produced the deposition of the prisoner, taken at the
inquest on the body of the deceased, on the 22nd of April, Cross examined:
At the time a reward had been offered for the discovery of the murder of
Cooper, and a free pardon to anyone who did not strike the fatal blow.
Mr Waddy took the objection, upon the authority of King
V Buswell, decided by the late Mr Justice Cresswell, that the
deposition was not admissible. In that case it was held, that where Government
had published a handbill offering a pardon to anyone of the offenders except
the person who struck the blow, and a prisoner gave evidence as to what he
knew, his deposition could not be given against him.
The Judge,
Under what circumstances was the confession made? He was in custody I presume.
Your argument would exclude the evidence of everybody examined after the reward
was offered, if he made a statement under any circumstances, provided it was
shown that he had seen the handbill offering the reward.
MR. WADDY - It would exclude it as against himself.
The Judge - That would be a strange conclusion (to the witness) You
cautioned the prisoner, and he was not in custody.
Witness - Yes.
The Judge - He was a witness as to the cause of the death of the deceased.
Mr. Waddy - The same objective was held to be good by Mr Justice Byles.
The Judge - But under what circumstances? Was that the case of a person
giving evidence before the coroner when not in custody and cautioned as to what
he said, or anything analogous to it? There was a time when this doctrine was
carried to an extent that verged almost upon the extravagant. In later times
things have been looked at in a more reasonable point of view, but still
authority is authority, and if that has been held by a judge I should respect
it, but I should like it to be 'all fours in principle'. His lordship added
that the point was a important one and he would consult his brother Blackburn
upon it. On returning into court the judge asked Mr Woodhead if the prisoner
was cautioned.
Witness - Yes.
The Judge - What caution did you give him.?
Witness - I asked him if he wished to make a statement, and he said he
did. I told him I was bound to take the statement upon oath, and I said to him,
"You are not bound to answer questions which may incriminate you". He
made the deposition, having received that caution.
The Judge said unless Mr Waddy could bring some case more distinct than
those quoted, he was at present disposed to admit the deposition.
Mr Waddy handed to his lordship the report of the case decided by
Mr Justice Cresswell.
The Judge - In that case it appeared as a fact that the prisoner was indeed
by the offer of the reward to make the confession. I don't find anything of the
kind here. The prisoner might and probably did see the placard, but there was a
caution. It seems to me that the statement is admissible.
The deposition, is opened by the Learned Counsel for the
prosecution, was then put in and read.
Jane Hawke contradicted the prisoners statement that he had been conversing
with her on the night of the murder.
Detective Fisher - I apprehended the prisoner on the 3rd of May, at his fathers
house. On the 11th of April I saw him and asked him where he had spent his time
on the Saturday night of the murder. The reward was not offered then. When I
apprehended the prisoner I read over the warrant charging him with the murder
of the deceased. He said "I'm not guilty, I'm as innocent as a
child." I sent him to the police station, and saw him there about 8
o'clock the same morning. He said he wished to tell me how the deed was done. I
had told him that we had found his trousers concealed under the bed.
The Judge - When you told him that, he then said he wished to tell you how
the deed was done.
Witness - He did.
The Judge - What did you say?
Witness - That whatever he chose to say I would take down in writing, and
it might be given in evidence against him.
By Mr Waddy - I did not see one of the placards
offering the reward in the office. There was one outside, and any person going
in might see it. A great many of them had been placarded at Brook House, where
Sargisson lived.
By The Judge - Before he made the statement nothing
was said by either of us respecting the placard.
Mr Waddy objected to the reception of the statement but the judge admitted
it on the ground that it was a spontaneous declaration, after the prisoner had
been told that what he said might be used against him.
Witness then read the second statement, and continued - I read it over to
the prisoner, and said if there was anything not correct he was to say, and I
would strike it out. He said "Every word I have told you is correct."
I afterwards went with Inspector Hookaday to the prisoners house and searched
the pig stye, and saw Hookaday find the watch. There had been a large stone
taken out of the wall, and the watch placed beside it. It was wrapped up in a
piece of paper - Cross examined:
I know that Denton has been in York Castle, I believe for perjury.
Inspector Hookaday, of the West
Riding Force, said: I was present when Fisher apprehended Sargisson. I searched
the bed in which he was found between three and four o’clock. I found a pair of
trousers, they were between the sacking and mattress. They were rolled up
tightly and appeared to stick together, as though they had been rolled up wet.
I mentioned to Sargisson that I had found his trousers under the bed and that
they appeared bloody. I delivered the trousers to Dr Allen, of Sheffield, on
the 9th. I showed the trousers to Sargisson on the following Saturday after I found
them. He said 'These are trousers I wore on the day of the murder.' I heard
Fisher read over the statement he had made, and Sargisson said it was all
right. I found a watch in the wall of the pig stye. It was wrapped in a piece
of newspaper and a handkerchief. I had to get on the trough to reach the hole
where it was found. I found a piece of paper in Sargissons house, which
appeared to be a portion of the paper in which the watch was wrapped. The
pieces fit exactly. I found some keys also near the watch. I have shown the
keys to Stephen Cooper, and fitted them to some locks belonging to John Cooper.
Cross examined:
I remember those bills being posted. There was one put up in Mottrams beer
house, and another in Ardrons. The latter house is 200 yards from Sargissons
house, and the former 100. I don’t think Sargisson could have gone throught he
village without seeing the bills. I have never suggested that these bills,
offering a free pardon to anyone who had not actually struck the blow, had
induced Sargisson to accuse Denton. I remember that when Sargisson said he and
Denton had been together in Ardrons beer house, Denton broke out, saying,
"Thou lying villain, I never was in your company, and never had anything
to do with ‘ee."
James Allen, analytical chemist,
Sheffield, said: I received a pair of trousers on the 9th of May. I applied
tests, both microscopical and chemical, to ascertain the presence of blood on
pieces cut from the trousers, and ascertained that there was animal blood. It
was blood of one of the Mammalia, but I cannot say that it was human blood.
The CLERK OF ARRAIGNS. Then read the
statement made by the prisoner before the magistrates at Rotherham, on the 16th
of May last, after being duly cautioned by the Hon. And Rev. Wm. Howard, the
chairman.
On the night of the 9th of April I was
coming down Brookhouse with William Taylor. When we got to the low end of
Mottram’s beer house, William Fletcher opened the front door of the beer house,
and asked me if I would go and drink with them, and I replied 'No'. He asked me
again. I said, 'Well, I don’t mind', which I did, and then Taylor comes in
afterwards. I played a game of dominoes with George Richmond, and then one with
Fletcher, and then Taylor, Fletcher, Richmond and Robert Mottram was playing,
and I stood looking on when the deceased John Cooper came in. I can't say
particular what time it was when he came in. Then I came out first before the
deceased. Denton was stood again the brigg, opposite the beer house. He said,
'Hello, Jim, where are you going?' I says 'I'm going home'. He says 'Come
here', which I did. I went to him. He says 'Who is there in Mottrams?' I says,
'There's Robert Mottram, George Richmond, William Fletcher, William Taylor'. I
says, 'There's a young man, a stranger, I don't know him.' He said, 'What sort
of a man is he?' I says, 'He is a tallish young man, well dressed.' He says,
'It's the same man I’ve seen go in a while since.' He then asked me if I'd go
with him to Hooton. I says, 'Where to?' He says 'Will you go?' I says, '“Well I
don’t care.' We went to Dentons house. He says 'Stop there whilst I put an old
coat and cap on.' He came to the door and says. 'Be going on, and I'll overtake
thee Jim', and I went on gainer to the Dyke than the causeway. I daresay he
overtook me about sixty yards, as ga'n I can tell you, below Mr. Ardrons
farthest house. We went on together till we got to William Roddis's house. He
whispered low, and said, 'See thee, I can shine a light through that shut.'
When we got past Samuel Beech's he got hold of me by the right shoulder with
his left hand. He says 'Now Jim', he says, 'Will thou tell anybody what I am
going to do?' I says 'No'. He says, 'Thou sure thou won’t?' At the same time he
says so, he catched me by the left shoulder, and shaked me. He said, 'I'll tell
thee what I'm going to do', he said 'It’s not long since I came out of York,
and I don’t care a b ... how soon I go again' He says, 'I’m going to murder yon
man.' He says, 'I think I know him, and know where he’s come from.' And I says 'What?'
He said 'I’m going to murder yon man' again. Now he says 'Don’t thee split a
word,' He says, 'I’ll give thee half of what he’s got.'
He pulled out of
his pocket a false beard then, and put it on, and says 'Come on.' We went down
the road, he kept hold of my slop. When we got even about Samuel Beech's,
Abbey-gate, he passed before me a bit. We went about 100 yards, I dare say,
then, and John Cooper was just before us. Then he got hold of a stake in Samuel
Beech’s hedge, and pulled it from a railing, and then went before me opposite
an Ash tree in Mr Hewards hedge. He spoke to the deceased 'Hello', he says,
'How are you? I think I know you', and the deceased said 'Do you', and then he
held the stake with both hands and knocked the deceased down, and I never heard
him speak again not from first to last. He said, 'Jim, come and feel in his
pocket' I says 'No George I can't.' He says, 'I will then.' He pulled out his
watch and some keys and some money, and put them in his coat pocket. Then he
says, 'Is he finished Jim' I says, 'I don't know. He says 'Then I'll finish the
b ...'. He hit the man several more blows, when he struggled. Then he says,
'Come on Jim' and he laid the stake where the deceased was, and he says 'Come
on then.' He kept his false beard on right ways till he got back. He whispered
to me and says 'Dont say anything for fear any body should hear us.' which I
didn't. We came on the same road right away until we got nearly to Denton's own
house again. He pulled the money out of his pocket, and says, 'there's 7s. 6d.'
He had some more with it and said that was his own, but I don't know it was or
not. Then he gave me the watch and keys. He says, 'Thee take them Jim, and
hiddy them a day or two, out of sight.' He says 'I am going to Tickhill, and I'll
take the watch and get shut of it.' I says, 'Where must I put it?' He says,
'Put it in the pig-cote and the keys too. He says, 'My trousers are very
bloody' I'll either burn them or bury them.' He says, 'I think thine isn't.'
'Now' he says, 'Jim, whatever thou does don't split a word to nobody.' He says,
'No one's seen us do it, and they'll never find us out,' and he says, 'Thee go
tomorrow and look at the place where it was done with other people.' Which I
did do. I will not be sure whether I saw him in the morning, at eight o'clock,
following at their door or not rightly, then I saw him again during the week,
but I cannot say the day.
After the first inquest he says, 'How did you go on on Tuesday?'
that was at one inquest - and he asked me what I said at the inquest, and I
told him what I said at the policemans, I did not go to the first inquest, I
was kept at the policemans, and he says 'Well done Jim' Then I saw him at Mr.
Ardrons. That was on Tuesday I think. I cant say right if it was Monday or Tuesday.
It was Tuesday after the first inquest. It was the day Mr. Britain came. John
Ardron and him was then in the garden together at noon, when we left to go to
our dinners. Denton says to me, 'Don't thou know whether the policeman suspects
me or not? Has't 'ee heard ought?' and I says I don't know. Then I told him
what Mr. Ardron had been saying to me. Mr. Ardron says to me, 'Jim if thou
knows something about this here thou must split - tell somebody.' And Denton
says 'Ok be d ...., don't thee spill a word.' He says 'Nobody'll ever find us
out'. I saw him again on the 23rd, he brought me some spice cake down. I was in
Mr. Ardrons stable yoking the mare ready for working. He brought me the spice
cake into the stable. Willy Lloyd was in the stable at the time. He called me
to the gate again the road side, away from the lad. 'Now' he says, 'Jim
whatever company me and thee go into, never thee look no different.' He says
'I'll see thee again tomorrow', that was on Sunday the 24th when I saw him in
his garden, He called me to go to him when I was coming down the street. He
says, ;You have to up again on Wednesday I understand.' I says 'They suspect me
and William Taylor very hard'. He says 'Mind, whatever thou does, don't let a
word slip, and they'll never find us out.' He told me if I see'd a chance to
put it upon Bill Taylor, I said, 'No, I couldn't put it on a man I know is
innocent.' He said, 'Well thou must tell them some sort of tale'. I saw him no
more after the second inquest. That was all that ever passed. If I had never
seen him that night I should never have been here, I am sorry to say, I've been
like a fool to myself and a friend to him for keeping it in, that's certain.
That is the man, and he knows it.'
Mr. Waddy then addressed the jury for the defense. He said that
the theory on which he based the defence was no invention of his own; he based
it upon the defence which the prisoner himself had made from beginning to end.
He did not intend to deny that the prisoner was present at the murder, but he
submitted that supposing it to be true that this man was there at that time,
not having gone there with the intention of joining in that murder, not
thinking perhaps, that any murder was about to take place, he was not a
principal in the crime, even in the second degree. There must be participation
in the act: there must have been common intent, a common purpose before the
prisoner could be an accessory to the act. It might have been that he had done
nothing to prevent the murder; it might be that the property of the murdered
man was found in his possession; that would be good evidence if the prisoner
was charged with robbery, but not sufficient to convict him of murder. The word
'confessions' was improperly used when applied to the statement made by the
prisoner, regarding the guilt of another person; but beyond these statements
there was no other evidence against him. The prosecution have not dared to put
the only man in the box who could have stated whether he saw the prisoner on
the night of the murder. Probably if Denton had been placed in the box, he
would have been subjected to a tolerably searching examination, but he ought to
have been called to deny, if he could the truth of the statements made by the
prisoner. In making these statements, the prisoner was influenced by the
placard offering a reward of £100 and a free pardon to the person who did not
actually strike the blow,, but directly the man came forward and gave his
evidence, the prosecutor turned round and wanted to make use against him of
testimony he had not made against himself, but by himself against another
person. The true issue was between Denton and the prisoner and it was for the
jury to judge from the evidence they had heard which of the 2 men was most to
be relied upon. It was in evidence that the prisoner had borne a good
character, while it appeared that it was not long since Denton was confined in
York Castle on a charge of perjury. After commenting on the statements made by
the prisoner and contending that it was consistent with all the circumstances
that had been brought out in evidence, the Learned Counsel concluded by saying
that he left the prisoner in the hands of the jury. If they were convinced upon
this testimony that the prisoner really murdered John Cooper, they would
convict him. On the other hand, if they were not fully satisfied that he was
guilty, and if they believed the statements he had made, they would acquit the prisoner
at the bar.
From Rotherham Web
