Transcript from The Old Bailey:
EDWARD AMOS , feloniously setting fire to a certain warehouse belonging to, and in the possession of Thomas Ross, with intent to injure him.—2nd COUNT, calling it "a shop."—3rd, an "office."—4th, a certain building used in carrying on the trade of a builder.—5th, a certain erection.—6th, a "warehouse."—7th, 8th, 9th, and 10th, omitting the ownership.—11th, a certain building used for the purpose of warehousing and working of materials to be used in and for building certain houses in course of erection for said Thomas Ross, and in his possession.—12th, calling it a shed.
MESSRS. GARDE and NOEL conducted the Prosecution.
RICHARD YOUNG (policeman, D 140.) On Saturday, Dec. 21st, I was on duty in the New-road, about eleven o'clock, and saw the prisoner—he came to me, and asked me if I was a policeman on duty about there; I said I was—he said, "Then I am your prisoner; I shall be taken before morning, and I would rather deliver myself up to you than I would be taken in any other way"—I asked what he delivered himself up for; he said, "For setting fire to a carpenter's workshop at Clapham, in Surrey"—I told him he must go to the station with me, and I took him there—when there, he said he wished he had burnt a great deal more; that he intended to have gone back and set fire to the buildings, if the letter had not been
sent—he said, "I left Paddington on the Friday night, and went to the Cock, at Clapham; I had something to drink there; I left the Cock about seven, and went to the field; I took off my shoes, and went across to the shop; I then set fire to the shavings in the shop, and to the deals; I then went a short distance off, and looked at the fire about ten minutes; I saw it blazing up, and I then went away, as it would not do for me to stop there"—I searched him, and found on him four duplicates of articles, all pledged in the same week, and one farthing in money—I did not search his shoes—I did not notice that he was under the influence of liquor when he delivered himself up; I did not consider him so—there appeared no signs of insanity or inconsistency about him—he appeared to me like a man in his senses—I held out no promise or threat to him; I asked him no question, except what he had done—he was locked up in the station from Saturday night till Monday morning, and he was then conveyed to Marylebone police-office—on the way there, he said that he did not set fire to the place, that Captain Ross and him were on very good terms, that he was a very good master, and that he delivered himself up to me to get something to eat and a lodging; that he had no money to buy anything to eat, or to pay for his lodging—at the police-office, the inspector produced a letter; it was shown to the prisoner; he said something, I do not recollect what it was—he did not in my presence express any feeling against Captain Ross before the Magistrate; I do not recollect that he did against any other person.
Cross-examined by MR. PULLEINE. Q. You have stated that the prisoner said he intended to have gone back and set fire to the buildings if that letter had not been sent; did he refer to any letter? A. Yes; before be told me that, he said a man had sent a letter informing them all about it at Clapham—he said that to me at first, after he said he was ray prisoner—I considered him cool, collected, and sober—he had rather more colour than he has now—he had not a bloated appearance—he did not appear at all excited—I do not recollect that he spoke about his health or about the weather—he had on the same dress as he has now, and a cap with a tassel hanging down on one side.
MR. GARDE. Q. Did you mention the statement you now make about the letter at the police-office? A. Yes.
COURT. Q. Was the prisoner as pale at the police-office as he is now? A. Not quite; he appeared very well then—the cap he had on was rather a peculiar foreign sort of cap.
CAPTAIN THOMAS ROSS . I am at present a private gentleman living on my property. At the time of the fire I resided at Clapham—I now live at East Hackney—I have considerable property at Clapham, consisting of freehold land and houses—I am erecting a very great number of buildings there—there was a workshop on a vacant piece of ground behind the houses—there were all sorts of deals in the workshop and materials used for the purposes of building—on Friday, 20th Dec., a fire took place, which reduced the workshop completely to ashes, nothing but charcoal remained, nothing of the building itself, and a very small portion of the materials—the fire broke out between half-past seven and a quarter to eight o'clock—I was on the spot very soon after it broke out—I should apprehend from the materials being very dry, and there being a great many shavings and other combustible materials there, it must have flared up
instantaneously—it broke out after dark—the prisoner had been employed on the premises some weeks previously, not directly by me, but oy another man named Wood, a sub-contractor—he had been working on the premises, but not when the fire occurred—I did not discharge him or give orders to have him discharged—he came to me about five weeks before the fire and said that he apprehended Wood was about discharging him, and he said, "Sir, you have a great many mouldings to make for houses that are about being erected, I will engage to do them for you at so much a hundred," naming the price—I said, "My good fellow, I do not see why you should not have as good a chance as any other man, and I will take care that you shall do them at the price you have named"—I did not see him again until I saw him in the station-house on the Sunday after the fire—I went there merely to identify him, or to see if the man Amos was really the man who had been at work on the premises—I had heard that a man had given himself up accusing himself of this matter—I saw him and recognised him—I said, "My good fellow, what inducement could you have to injure me?"—he said he wished to be revenged against the Woods—as I was coming away he asked me how much the loss was—I told him over 1,000l.—he said he did not think it had been so much—he said he was now ready to give me all the satisfaction in his power, that he had done it, and as a proof that he was there he stated that he saw old Mr. Wood's boy taking his tea to him about five o'clock, but the gate was locked leading to Wirtemberg-place, and he saw another boy help Wood's boy over the wall; that he went to the Cock and had some beer and bread and cheese there, and as a proof of it, a man who took beer from the Bowyer's Arms some time since, but is now discharged, and who was a Norfolk man, could prove that he really was there—he said he went into the workshop at six, having found the door open, and he remained there until he heard the two chimes after seven; that he then took a lucifer match and set fire to the place; that he was resolved to be revenged of the Woods, and wished they had been there to be burnt in it; that he did not mind having seven years, but he hoped he should not have more, as he was a good tradesman, and would be bettered by being sent where be could get better work and better wages than here—after uttering other expressions of revenge against the Woods he ceased, and I came away; in fact, he pressed the latter part upon me, for my child was outside in the carriage, and I wished to get to her—I had seen the prisoner while working on my premises, but have not spoken to him above twice in my life—there was not the slightest appearance of insanity about him when he spoke to me—he seemed to take care of the pounds, shillings, and pence, as well as any man I ever met with.
Cross-examined. Q. What sort of a character had he? A. I really do not know anything detrimental to the man; up to the time of the fire I should have had no objection to give him a character—nothing occurred after my interview with him to induce him to leave—I was quite ready to have employed him the following day, and if he had chosen he might have remained there till this hour—in the course of my interview with him at the station, he said he remained there from six till a quarter-past seven o'clock, till he became so cold, and nobody came there; he did not explain what he meant by that, except that he was expressing great revenge con tinually against the Woods—he said he then took a lucifer match, and something came over him, and he was resolved to do it, and then he set
the place on fire—I do not recollect whether I have stated before that he said he was resolved to do it; but he certainly made use of that expression—I signed my deposition before the Magistrate; he stated what I signed to, but I did not say that he might not have said a great deal more—one of his expressions was, "I do not know what came over me to set fire to the building," but he also said that he wished to be revenged, that he was determined to be revenged on the Woods; that seemed to be all his aim, and he wished they had been there to be burnt—I have been an officer in the army—I am not in any trade or vocation—I do not keep a shop—this is a plan of my premises—(looking at one)—the houses are erected, and fit for habitation—I should say they are about thirty yards from the workshop, the workshop was upwards of forty feet square; in the centre part it was about twenty-four or twenty-five feet high; the outside part was perhaps not more than thirteen or fourteen—it was covered with slates, and had glass windows at the side—there was only one door—there had been two, but one had been closed up for a long time, and could not be made use of; it had not been opened for two or three years; it was a double door, wide enough to admit a carriage—the windows were a continuation of glass on one side—it was covered in all round; it was not painted, it was weather-boarded—there was brickwork at the bottom, merely to prevent the timber sinking into the ground and rotting—when I saw the prisoner at the station, I immediately addressed him, saying, "My good fellow, what could have induced you to do me this injury?"—I am not aware that he had said anything before that—he was not alone, a policeman was with him—I addressed him in a kind way, and he thereupon made the statement—I have not the most distant recollection of his saying anything about a letter; I do not believe he did, or I should have some slight recollection of it; I cannot venture to say whether he did or not, he might or might not—he might or might not have said, "A man sent the letter to Clapham to inform them all about it;" I have no recollection of it—his statement was not coupled with the letter.
MR. GARDE. Q. Were you ever in any trade or business? A. No; the Woods are not now in my employment—I discharged them immediately after the fire.
COURT. Q. What was the amount of damage done by the fire? A. That is a difficult question to answer—no money can replace what I have lost, because it would be impossible to buy the same materials which were six or seven years old and well seasoned; it was a considerable loss—the workshop was erected immediately after I bought the property, in 1846—it was used as a warehouse for various things, as a workshop, and a place in fact to put anything out of the weather; as a universal convenience—the Woods took contracts for different kinds of work—they were not the proprietors of the workshop or the materials, everything there belonged to me—I was my own architect, and my own everything.
WILLIAM COLEMAN (police-inspector.) I produce a letter which was brought to the station by Capt. Ross's brother—I have kept it in my custody ever since—on Monday, 23rd Dec., I was outside the Marylebone police-court, the prisoner was brought up before Mr. Broughton—while under examination, I produced the letter to the Magistrate, who read it aloud; the prisoner then said, interrupting the Magistrate, "I admit I wrote the letter, because I was in distress, and I gave myself up to the
police on purpose that I might get a night's lodging"—at the Wandsworth police-court, while Captain Ross and his brother, and Lang, were being bound over, he said, "I am sorry that I have done this, it is a bad job, I cannot help it; I might, perhaps, had I not done it, been in Captain Ross's employ now."
Cross-examined. Q. Where did you receive that letter from? A. From one of the officers; I afterwards put it into the hands of Christian Ross, and he put his initials on it—it has been in my possession ever since—I did not write down what took place at the police-office, Wandsworth—what I have stated is entirely from memory—he handed in a written statement to the Magistrate which was appended to the depositions—the prisoner was not at all excited, he seemed very much flurried—he looked rather bloated, like a person who had been drinking—that was after he had been in prison two or three days.
CHRISTIAN ROSS . I am a retired gentleman, and live at Meaux-square, at Clapham, 150 yards from the workshop that was burnt. On 21st Dec. I received this letter at half-past eight o'clock in the evening—I took it down to the police-station, and gave it to the constable in charge—this was on Saturday night; the fire was on the Friday.
Cross-examined. Q. When did you write your initials on that letter? A. Three or four days after; I remembered the contents then—I have no doubt about it, I only had one.
ALFRED WOOD . I have often seen the prisoner write—this letter if in his writing—I know it perfectly well.
Cross-examined. Q. How many times have, you seen him write? A. Three or four times, I cannot exactly say; they were letters chiefly—I saw him write a letter to his mother about two months before this occurred, and about a fortnight before that I saw him write one to a young woman in the country, and I think I saw one he wrote to my sister—he was very intimate with my sister, and proposed marriage to her, but not in my presence—I have not seen them together very recently, three weeks before the fire—I always knew him as an upright honest young man.
MR. GARDE. Q. How long have you known him? A. Upwards of five years; he has been acquainted with my sister all the time—she is not married—she has a child.
COURT. Q. How old are you? A. Not quite nineteen; the prisoner worked one week for my father, and three weeks for my brother—he is a carpenter and joiner—I have known him since I went to school—I do not know who he generally worked with—I knew him chiefly as paying attention to my sister—he has been working on his own account, and has not been shut up at all, but managed himself and his affairs—I have seen no symptoms whatever of madness about him—(letter read—"Mr. Christian Ross. Sir, I have sent you these few lines to you to state about the man that set fire to your place; he is coming on Saturday night to set fire to the whole of your new buildings. He has bought two new pistols and some powder to shoot you both, and likewise John Wood. This man's name is William Amos; he has worked for you along with Mr. Wood, and is now living with Mr. Wood's daughter at 27, Stafford-street, next door to Mr. Atters'. I heard Mr. Wood's daughter and Mr. Amos talking about the best way to set fire to all the buildings, and then go away to America. They will both be at Harris's, Stafford-street, at eight
o'clock; if not there, they will be at Mr. Alley's beer-shop close by. You shall know my name when you have taken him.")
JOHN WOOD . I am a joiner, and was employed by Captain Ross at his buildings at Clapham. On 20th Dec., there was a workshop on the premises containing building materials and timber of different descriptions and prepared work—we used the shop to prepare works for the buildings, and kept our tools there—there were no tools of mine there when it was burnt down—I have known the prisoner some four or five years—I have employed him, and did not discharge him; he left of his own accord; we had no angry words—I had threatened to discharge him because he promised to marry my sister and did not do it, but I expressed no angry feelings towards him at any time—the premises were burnt down on the 20th—I saw the fire—the prisoner did not come to my house that day—I was at the workshop all day, but did not see him—no light was allowed on the premises—I was not at work on the premises just before I left.
Cross-examined. Q. You have known the prisoner four or five years, did you ever lose sight of him? A. Yes, for three years or three years and a half; he was keeping company with my sister four or five years ago—he was not working with me then—on his return, he worked with me at Captain Ross's—I never had a quarrel with him when I knew him four or five years ago—I never knew a steadier man—it was more than a fortnight before the fire that I had remonstrated with him about my sister—he left three weeks previous to the fire—I did not see him after he left—I threatened to discharge him unless he married my sister—he made no decided answer.
CAROLINE WOOD . I live at Stafford-street, Lisson-grove. I saw the prisoner on the Thursday morning before the fire—he said he would come over to Clapham, to give my brother a severe hiding; he then said, "No, I will not do that, it will be of no benefit to me; but I will have my revenge in some other way."
Cross-examined. Q. Was that all that took place between you on that occasion? A. Yes; we had no quarrel—I am still on friendly terms with him—he has kept company with me five years—he has met my brother in my company, and always on friendly terms—he remained with me but a few minutes that day—when he came into the room, he said, "Good morning," as usual—I have never quarrelled with him; he has always been kind to me—he ought to have married me; he promised—he did not promise to marry me five years ago; it was lately, when he came up from the country—he was paying his addresses to me then—I had letters from him—I knew before this Thursday that my brother had been endeavouring to induce him to perform his promise—I was desirous that he should do so—I have applied to him once or twice to perform his promise, and he said he would do so—I never suspected him of being insane—he was sometimes sulky, sometimes cheerful; very cheerful at times; and very moody at other times—he would remain for a long time without speaking to a soul; in a moody, melancholy disposition—he has not at those times had any quarrel to speak of with me or anybody else—I have seen him moody and cheerful within half an hour—I do not know his family, only his brother William—he works at Notting-hill—I do not know, of my own knowledge, that some members of his family have been out of their minds.
MR. GARDE. Q. When anything affected his mind, he was moody and melancholy? A. Yes; there was nothing more than ordinary in his conduct; he did not talk or act rashly.
WILLIAM WOOD . I am a carpenter, and was in Captain Ross's employ previous to 20th Dec.—the prisoner was in my employ, but not at this time—lights are not allowed in the workshop which was burnt down—I worked there on the day of the fire, and left at twenty minutes past four o'clock—it was quite safe then; there were no symptoms of fire—I saw it burnt down on the 20th—I lost my tools in the fire; I kept them in the shop; it will cost me 5l. to replace them—I was on good terms with the prisoner; he never used threats to me.
Cross-examined. Q. Was there any fireplace there? A. No; we always knock off when it gets dark, or if a fog comes on—there is never any fire or light, or even lucifers—there is a fire in the field, to heat the glue-pot—if men come with a pipe, I order them away—we came to work in the morning at half-past seven; it is not light then—no lights are allowed in any of the adjacent buildings—the workshop was fastened with a large padlock on the large door when the men took their tools away at night—there is only one key; that is a very good one—it is put through a broken window, where the person who comes first in the morning can find it—I do not remember the place being shut up on 25th Dec.—I left no one in the shop—the door was shut, but not locked.
JOSEPH SAUNDERS . I am potboy at the Cock, at Clapham. The prisoner came into the tap-room on 20th Dec., and had some bread and cheese and beer—he gave me 6d.; I gave him 2d. change—I did not see him leave—it was between four or five o'clock—he was not there long afterwards.
Cross-examined. Q. Was he sober? A. Quite; he was talking to a man named Beaumont, in the tap-room—he was there above half an hour. ROBERT BEAUMONT. I am potboy at the Boowyer Arms, Manor-street, Clapham. On the Friday before Christmas-day I saw the prisoner in the tap-room of the Cock—he spoke to me—he had a pint of beer and a slice ofbread and cheese—I drank with him—he had a flannel jacket and his working trowers—I did not see him leave—the Cock is about 300 yards from where the fire was.
JOHN LANG . I am a labourer, in the employ of Thomas Ross. On Friday, 20th Dec., I was at work in the workshop, and left off work at twenty minutes to five o'clock, and the men that worked under me—there was no appearance of fire when I left—I went down to the stable, where we take our tea, 250 yards from the workshop—I returned in the evening, went to the stable to lock up the pony, and then I went to cut some holly near the gate that leads from Writemberg-place into Mr. Ross's premises—it was then five or ten minutes to five—I met the prisoner going towards the workshop—I did not see him do anything—I saw him on the premises—he had no business there—he was going towards John Wood's house—between seven and eight I saw the fire—I assisted in putting it out and saving the property.
Cross-examined. Q. Was the place locked when you left it? A. No; the shop I believe was open, but I had not been into it from dinner-time, not all day long perhaps; I was nowhere near the shop till the fire—I was working at the south side of the square when I left off, in the new
buildings—I could not see the door from there; it was 100 yards off—it was not the gate of the workshop that I saw the prisoner going through. FREDERICK DISSALL. I am turnkey of Newgate. The prisoner was brought there on 31st Dec., and I found four sovereigns and a half in his shoes.
Cross-examined. Q. Had you ever seen him before? A. No; he has been placed in the Infirmary—I have not seen him there, and do not know what he has been ailing—he was not so pale when he came as he is now—he was not red in the face—I saw him when he came down out of the Infirmary to visit his friends.
MR. GARDE. Q. Have you seen any symptoms of insanity in him since he was committed to Newgate? A. No.
MARY ANN SCHOFIED . I live at 39, Hereford-street, Lisson-grove—the prisoner lived with me on 20th Dec.—I cannot recollect what time he left home that day—when he came home it had struck ten—I am not certain how many minutes.
Cross-examined. Q. How long had he lived with you? A. A fortnight and four days; he was a very still, quiet, respectable young man—I have known him four years, and always knew him to be honest, hard-working, and industrious—I never saw this cap before (looking at one produced by the prisoner)—he had on when he came home the same cap which he wore when my husband let him out, about ten minutes after eight o'clock.
COURT to CAPTAIN ROSS. Q. How long have you been building houses there? A. Three years; I am the freeholder—I am now on the thirty-third house—there were twenty-nine in course of erection when the fire broke out—I let them; or if anybody offered me a sum which would compensate me, I should sell them—I erect the houses to make the most I can of my capital.
(MR. PULLIENE submitted that the evidence did not support either count; it was clear that a "warehouse" was not the proper description of the building in question; a "warehouse" being a place for the reception of goods intended for sale, or, as Dr. Johnson defined it, "a storehouse for merchandise;" among other decisions to this effect, he referred to Reg. v. Hill, 1 Moody and Robinson, p. 450, and the case of Godfrey, 1 Leech, 372—it was clearly not "a shop," that being a place where goods were exposed for sale, so held by Mr. Baron Alderson in Sandes' case, 9 Car. and Pay., 72—an "office" was also an improper description of the building, Captain Ross having no trade or avocalion for which an office or place of business was necessary, and could not therefore be termed a trader; and for the same reason, the 4th and 5th counts did not apply, (referring to Stewart and Sloper, 18 Law Journal.)MR. GARDE contended that it was for the Jury to decide to which count the evidence applied, but he relied on the 3rd, 4th, and 12th counts; it was clearly an office, Captain Ross being in the habit of paying his men there. MR. JUSTICE TALFOURD thought that the 11th count was proved, but there was nothing in the Act of Parliament which would make that count good. MR. PULLIENE, with respect to the last count, referred to a decision of Mr. Justice Coleridge in Reg. v. Munsen, 2 Cox Crim. Cases, 186, which, in his opinion, put that count out of the question. MR. JUSTICE TALFOURD, but for that authority, would have been prepared to hold that count sufficient; he thought it best that the case should go to the Jury on the merits, and the points be reserved if necessary.)
MR. PULLIENE called
WILLIAM GREENWOOD AMOS . I am a joiner, and live at Norwich. I am a brother of the prisoner's—his age is twenty-four—he has left Norwich about four months—I saw much of him there—his conduct has been very different at one time to another—sometimes he was very much excited, as if he was out of his mind—it was not from drinking, he is quite a different man—Dr. Cross has attended him for one case of excitement—he was ill at home not more than two or three days—Dr. Cross is not dead—my father has been twice confined in a lunatic asylum, once in Mantell-street, St. Giles's, and once in Norwich—he is now at home at his residence—he was very much out of his mind—I visited him two or three times—he was not violent, but was very wild, and he has got a brother insane in Norwich now, who has been so these twenty years—the prisoner was a joiner at Norwich with me, at Hood's—he got regular work—his character would always get him work there.
Cross-examined by MR. GARDE. Q. Does he never drink? A. He may drink a glass of ale—I never saw him reeling about the streets—he was three days in a state of excitement, I and my wife and mother had to hold him down—his eyes looked as if they would roll out of his head—the surgeon did not say it was delirium tremens.
COURT. Q. How old is the brother who has been insane twenty years? A. About thirty-two—I should say he was about twelve years of age when he was first attacked with insanity—the prisoner has never been in any confinement—he has got his living by honest industry—he is a very clever young man, and was apprenticed to me—I found him able to learn the trade very well—he went to Church or Chapel, not constantly—he left his home in consequence of a letter.
WILLIAM AMOS . I live at 68, Notting-hill. I am going on for twenty-nine years of age, and am an elder brother of the prisoner—I have lived in London nearly eleven years—he lived with me for about twelve months, five years ago—his conduct was pretty good, but sometimes when he came home be seemed to sit as if he had got something on his mind—he was out of spirits, and seemed different to anybody else, to be in their right senses—he would do so without any ground—he was very violent once, but that was nothing—he seemed in a very good state of mind sometimes.
Cross-examined. Q. He was not so violent that it was necessary to put him in a mad-house? A. No; his eccentricity appeared through his getting connected with such a family that he did not know what to do with himself, and that preyed on his mind—I have never been so low-spirited as he has—I have seen many men low-spirited and dejected without being mad, but when a person knocks his head about, pulls the hair from his head, and so on, that is very bad—I have seen him do so at home at Norwich—I last saw him in that state ten years ago—I have not seen him do it since—he was then a boy of fifteen, and used to tear his hair, and pull it off—he was not flogged for that, but his father has beat him dreadfully, and kicked him dreadfully till the blood ran out of his ears and nose—the prisoner was very good-tempered—he has done so since he came to London.
COURT. Q. Do any of your family live at 27, Stafford-terrace or street? A. No; that is Miss Wood's sister—when I said my brother
was connected with a family that troubled him, I meant the Woods, one of whom he had promised to marry.
MR. EDE SEWELL . I am assistant-surgeon of Newgate. The prisoner has been in the Infirmnry ten clays—he has not been labouring under any ailment—he was placed there to be watched and taken care of, as we understood he had attempted suicide; information to that effect was brought to us from Horsemonger-lane Gaol; that communication was made to me by the officers of Newgate—I have no reason whatever to believe he is out of his mind—he has no indications of insanity whatever—I have examined him several times, and think it impossible that he is insane at this moment—it very often happens that persons labouring under insanity, display symptoms of it only upon some particular idea—I have had persons in the infirmary labouring under monomania—they sometimes labour under the delusion that they have committed a crime; that is not a common delusion with a man who is sane on other subjects; I should detect insanity in other points as well—a person admitting himself guilty of an offence which he is innocent of, is a symptom of insanity.
Cross-examined. Q. By whom were you subpoenaed to attend here to-day? A. By the Crown—I have seen the prisoner almost daily since he came to the Infirmary—his health is very good—I have-seen nothing from which I should say he is insane.
GUILTY —The Jury, in reply to a question of Mr. Justice Talfourd's, stated that they had no doubt that Captain Ross did devote his time and a portion of his capital to building houses with a view of letting or selling them for his own benefit.— Judgment reserved.
Before Mr. Common Serjeant.
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Australian Convict Ship Project
Abt 1827 - Yes, date unknown
