- Transcript from The Old Bailey:
PATRICK CANE, JOHN HICKEY , and JAMES M'ELLIGOTT , were indicted for the wilful murder of Henry James Chaplen.—Cane and Hickey were also charged on the Coroner's Inquisition with the like offence.
MESSRS. RYLAND and CLERK conducted the Prosecution.
EDWARD NEWTON (policeman, L 219). On the morning of 5th May I was on duty with the deceased, Henry James Chaplen, at Vauxhall-walk—about 1 o'clock we heard a disturbance, close to the corner of Salamanca-street, at the lower end of Vauxhall-walk, near the Pheasant—we went there, and saw nine or ten men—the three prisoners were among them—they were hallooing and making a very great noise—Chaplen said to them, "If you don't go home quietly, I will lock one or two of you up"—upon that they hallooed louder—I then spoke to Hickey and M'Elligott, and said, "Go home, there's good men, and don't make such a noise at this time in the morning"—Hickey replied, "By Jesus, we know what the time is; we have it in our pocket"—I crossed over the road to speak to some men and a woman who were hallooing—four or five of them seemed to go on faster than the others towards the Queen's Head—I was not near enough to see who they were—I followed them, and when I got opposite Salamanca-street, they all appeared to rush out at once, from the opposite side of the street—Chaplen was then on the pavement, directly opposite the gate—I saw Hickey strike Chaplen on the side of the face with what appeared to me like a brickbat—Chaplen staggered against the window shutters, drew his staff, and struck at Hickey—I rushed across the road, and saw Cane strike Chaplen on the leftside of the head, about the temple; be fell down, and as he was falling, a person, who I could not recognise, gave him another blow on the left side of the head—there were four or five other persons round him at the time these blows were struck—I could not see whether Chaplen's head was bleeding at that time—the spot where the blow was struck was directly opposite Salamanca-street—as Chaplen was falling I rushed at Cane, caught hold of the collar of his jacket, and struck him with my staff over the temple—at the same time I received a blow from a stone on my left shoulder, which knocked me down—I still had hold of Cane—I got up again, and received a blow in my breast, and went down again—I got up again, and ran up Salamanea-street, springing my rattle; I heard the prisoners run away when I sprung my rattle; Chaplen was then lying on the pavement—two constables came up, and I assisted them in taking Chaplen to the Queen's Head—afterwards, in consequence of information, I, and another constable, went to 49, Vauxhall-walk (that might have been about ten minutes or a quarter-of-an-hour after Chaplen had been knocked down)—it is only three doors from the Pheasant—I knocked at the door some time, and it was opened—I went in, and saw Hickey coming out of the kitchen, or wash-house door—he was bleeding from the right-side of the head—he had his clothes on—we took him into custody—my brother constable said to him, "I take you into custody for assaulting, or ill-treating, one of the constables"—he said he had not been out, or would not go out of the house, I do not know which—a constable, named Streems, said to him, "How came the blood on your hands?"—he said, "My nose has been bleeding"—we took him outside—he said at first that he would go, and then he began to kick and plunge about—when we got him into the street I saw M'Elligott close outside the garden railings of No. 49—I turned my lamp on him, and said, "Holloa, young fellow;" and said to my brother constable "Here is one of them;" and he was taken into custody by No. 113—I left Hickey in charge of two constables, who took him to the station, and came back to No. 49—I then saw Cane
coming up from the cellar—he was dressed—he tried to get out at the backdoor—his head was bleeding at the side—Streems went and stopped him, and said, "Surrender, or I will strike you down"—he said, Oh, he would go—Streems told him he took him for assaulting a constable; he said, Oh, he would go—he attempted to getaway, but was taken to the station, after a good deal of resistance—Chaplen was taken to his own house on the morning of 5th May—he was insensible all the time, a surgeon was brought to see him—when Chaplen struck at Hickey, the blow took effect on his head—when Hickey and Cane first came up, neither of them were bleeding—I did not see Cane there at first; I first saw him when I attempted to take him into custody—I had never seen him before—I mean that I first saw him directly opposite Salamanca-street, when he struck Chaplen—Cane's head was not bleeding at that time—Hickey and M'Elligott were together; they were the first two that I spoke to—Hickey's head was not bleeding when I first saw him.
Cross-examined by MR. PARNELL. Q. How long have you been a police-constable? A. Ten or eleven weeks—I am a tailor by trade—I had never been in any row of this kind before—Chaplen's beat joined mine—this took place on Streems's beat—Streems was not there till the disturbance was over—I came down Salamanca-street—I had no opportunity of seeing what was going on till I got to the corner of the street—I had seen Chaplen before that evening, about 20 minutes or a quarter after 12 o'clock—this was about 20 minutes past I—when I got to the bottom of Salamanca-street I saw Chaplen walking up the road—I spoke to him a few minutes before he was knocked down, and then went on my beat—the persons were hallooing, bawling, singing, and arousing themselves—I had never been in the house, 49, before—I have since ascertained that between fourteen and sixteen persons lodge there, principally men who work at the gas-works—I have not been on duty there since—I had not my staff out before the stones were used—I drew my staff directly I saw Chaplen's staff out, and I seized Cane and struck him over the head—i was knocked down immediately after I struck Cane—that did not make me leave go my hold, we both fell together—Cane got away from me after I got up—I was not knocked down more than once—after Cane got away from me I lost sight of him, I ran up Salamanca-street—brickbats were being thrown about while I was falling—it was all done instantly—there were ten or eleven persons taken into custody about this—I did not know any of them before—I know what has become of some of them since—I do not know that some of them have gone away.
Cross-examined by MR. BALLANTINE. Q. You had not known any of these persons before? A. No; Hickey is the middle prisoner—I did not notice whether he had much of a wound when he was taken into custody, his head was bleeding—he was dressed as he is now, he had a different neek-handkerchief, a silk one, with stripes, I noticed that when I first spoke to him—we have it in our possession; he took it off at the station—I noticed the colour of the stripes when I first spoke to him—I do not know how to describe the colour exactly, but the stripes were a little darker colour than the rest, I noticed it because it was tied like a sailor's—he had this sort of coat on, not a corduroy-jacket and a cap—I might be a foot from him when I spoke to him first: I was almost touching him, there was M'Elligott between us—I saw his face—there was a gas-lamp three or four yards off, that enabled me to see his face—it would have been too dark without that for me to have seen him—the gas-lamp was in front of him—that was the first time I saw his face—Hickey was close to Chaplen when I saw him strike a blow—they were nearly opposite me—there was two yards and a half or three yards between us—he struck
Chaplen about the side of the face—I saw something dark in his hand; it looked to me like a brickbat—when Chaplen struck at Hickey I heard the sound of the staff, and saw it go close to his head—there were two or three persons between us, which prevented ray seeing whether the blow reached him—I saw three blows given to Chaplen—I do not know whether there was a man named Clarey amongst the people—I do not know a person of that name—I have not, to my knowledge, been looking after a person of that name—a man named Burke was taken into custody that night—I do not know whether Thomas and William Burke were taken—I was called on to identify them, and was unable to do so—I attended all the examinations before the Magistrates—a person named Harrington was charged, and discharged by the Magistrate after being had up a second time—Ellen Dunn was examined as a witness for the prisoners—I believe Mr. Carter, the inspector, brought her forward—she was examined at his suggestion—I heard her give her evidence—he brought forward Mrs. Cole likewise—I do not recollect his bringing forward Mrs. Donahay—Mrs. Cole is the landlady of the house, and Ellen Dunn is the servant.
Cross-examined by MR. WOOLLETT. Q. Were the men very drunk? A. They were in liquor—M'Elligott was not very drunk—I did not say before the Grand Jury that the men were very much intoxicated, particularly M'Elligott—I never saw him before.
MR. CLERK. Q. On which examination were Dunn and Mrs. Cole called as witnesses? A. I think it was on the second examination—we were three times before the Magistrate, I think—at the time I struck Cane on the head Chaplen was falling on the ground, he had then been struck by Cane with a brickbat which he held in his hand—no brickbats had been thrown before Chaplen was struck to the ground.
WILLIAM LONEY (policeman, L 201). Between 1 and 2 o'clock on 5th May I was on duty in Glasshouse-street, Vauxhall-walk, that is about half-way between the White Lion and the Pheasant—I beard a rattle springing at the top of Vauxhall-walk—I went there, and when I got to 49, very near the Pheasant, I met the three prisoners, and another man not in custody—Cane and Hickey went into 49, and the others ran on—they were all running when I first saw them, I stopped and looked at the men as they passed me—I did not stop them, but went on towards the spot, where I found Chaplen—he was lying on the ground bleeding, and unconscious—I assisted in lifting him up and taking him into the Queen's Head—I afterwards went with Newton and Streems to the house, 49, where I had seen Cane and Hickey go in, I there found Hickey in the yard by the kitchen-door, I observed blood on his face and hand—Streams asked him how the blood came on his hand—he said his nose had been bleeding—the blood on his face was on his forehead, and was trickling down his cheek—we took him into custody—he came quietly through the house, but resisted when he got to the door—he was secured, and taken to the station—I went there with him—he took a handkerchief from his neck and gave it me—I told him he had better wear it—he said be should not want it; I kept it—it was bloody—this (produced) is it—he was drunk, but could walk and talk, and understand.
Cross-examined by MR. PARNELL. Q. You speak of four men you met, and three you speak to positively; what makes you speak so positively to the three? A. I have seen them before, at the White Lion—I did not know them by name—I had a look at them as they ran past me—Hickey had a cap on, and the others hats—I will swear I had seen Cane before, more than once, when I have been on duty of an evening—I had seen him two nights previously—I did not know where he lived—there was nothing particular
about his face which excited my attention—his hat was over his forehead as every man would wear a hat—there was nothing to hinder me from seeing his features—I did not speak to him; he was across the road, standing still—when I saw the four, they were running, and ran past me—I saw them ten yards before they came to me; they were running all the time; I could see them well—my beat joins Newton's—Chaplen's beat was opposite mine; he went higher up; part of the Vauxhall-walk was in his beat, from the White Lion to the Pheasant—I believe that was the beat he had that night; it was from just before you get to the gas-works to the Pheasant, and round a street I do not know the name of; but it was the opposite beat to me that night—I had one side of Vauxhall-walk, and be bad the other—I saw him a quarter of an hour before seeing him on the ground; he was opposite to me, and I asked him how he was—he had then to turn down Jonathan-street and come back again into the Walk, near the White Lion—I came down to the Pheasant; we were both near the Pheasant.
Cross-examined by MR. BALLANTINE. Q. When Hickey was taken in Cole's house, how many constables went in? A. Streems, Newton, Curtis, and myself; there were four or five, I will not be sure—Curtis is not here—I did not hear Hickey say that Curtis had struck him in the house—he gave me the handkerchief from his neck; be did not account for the blood on it by saying that one of the constables had struck him in the house; he said nothing about being struck in the house that I heard—I had not got my staff out, and I did not see that Curtis had—I can't say whether the other constables had theirs out—I and Curtis came over the back-yard, and I did not see that Curtis had his staff out then—we were stopped by seeing Hickey at the wash-house door—I did not see Curtis strike at him—Curtis is on night duty; he is doing nothing at this moment; he was not before the Magistrate.
Cross-examined by MR. WOOLLETT. Q. Will you swear you have seen M'Elligott before? A. Yes, two months before, at the Cock, public-house—I had been on that beat three months; it was my first beat—I have only been three months in the force—I came in at the same time as Newton—M'Elligott was drunk, but not very drunk; he knew what be was about, or he would not have run away; they were all tipsy.
MR. RYLAND. Q. Did Curtis and you go to the house, No. 49, together? A. Yes; I stayed in the house as long as he did; but did not see him strike Hickey—I saw no truncheon while we were in the house—I will not be positive of that.
THOMAS STREEMS (policeman). On 5th May, I was on duty in Broad-street, Lambeth, and heard a rattle springing, about 20 minutes past 1 o'clock—I went to Vauxhall-walk, where the sound appeared to come from, and saw the deceased, Henry James Chaplen, lying on the footway—I assisted in taking him to the Queen's Head, and Newton called a surgeon—I went with Newton, Loney, and Curtis to No. 49—I knocked, the door was fastened—we got in by breaking open a side-door, leading to the back-front—I saw Hickey standing at the wash-house door; I saw some blood about his face—(Curtis came in behind me; he was then getting over the railing)—I asked him what blood that was on his hands—he put his hands behind him, and said he had no blood on them—I took hold of his hand, and showed him that there was blood on it—he then said his nose had been bleeding—other constables took him to the station—I then saw Cane come up out of a cellar, or coalhole (the kitchen is on the ground-floor)—he had a cut, I believe it was over the right eye—he asked me what I wanted of him—I said, "On a charge of assaulting a police-constable"—he said he knew nothing of it—he
was taken to the station—I assisted in taking Chaplen to the hospital—when Hickey was taken, he was dressed as he is now, excepting his handkerchief; be wore a hat.
ROBERT SHARP . I keep the White Lion, High-streeet, Vauxhall. I know Cane and Hickey—they were there on 4th May, about half-past 9 o'clock as near as I can recollect—they remained till half-past 12 or a quarter to 1—they were the last in the house—I saw them when they left—they were quite sober and comfortable.
Cross-examined by MR. BALLANTINE. Q. Was Harrington among the people who left? A. I cannot say—I now recollect myself, the two Shanahans and Harrington were there—Hickey was dressed, when he left my house, in a corded jacket and trowsers and a hat—Clarey was in my house that night—I had known him three months—he left rather before Hickey—he had on a black frock-coat and a cap—I have never seen him since—I had been in the habit of seeing him nearly every day before that—he works at the gas. works—I have known Hickey about six months—he had frequented my home the whole of the time—scarcely a day passed when he was not there—he is a remarkably quiet well-disposed man, and bears a very good character—I never knew him use an angry word.
Cross-examined by MR. PARNELL. Q. Do you know Cane also? A. I have known him about the same time—he is a very quiet man—he has been working all the time in the gas-factory—all those who were discharged have kept in the neighbourhood, but Clarey I have not seen—there had been a meeting at my house to make a collection for Clarey, which is the custom among the Irish if a man has been a long time out of work; they give him what they can—I understood Clarey had been out of work—there were fifty or sixty persons present—they all went away within a quarter of an hour—I know Mrs. Connell—she and her husband were there that evening—they all went away within a few minutes of each other.
MR. RYLAND. Q. Was the collection to find Clarey some work? A. It was to get him some clothes—I understand he borrowed a coat to go there in—there were from ten to twenty women there—I do not recollect the dresses of the forty men; but this man being the last in the house was the cause of my noticing him—about half-past 12 o'clock I told them it was time to go, and in less than a quarter of an hour they were all gone; Hickey had asked me for more drink, and I refused to serve him—I told him it was time to be gone—his being there last gave me an opportunity of observing his dress, and I had seen him during the day—neither Cane nor Hickey had any blood about them when they left—the collection is made by a person sitting with a plate, and the money is collected in the same way as at a Church-door.
MICHAEL CONNOR . I am a labourer, and live at 49, Vauxhall-walk. On Sunday night, 4th May, I was in the White Lion, and saw the prisoners—I left them there about a quarter-past 12 o'clock—there were then about twenty or twenty-five persons there—I am not sure how Hickey was dressed.
Cross-examined by MR. BALLANTINE. Q. Did you talk to Hickey? A. I spoke to him—he generally wears a black jacket like these trowsers (showing his own trousers, which were brown corduroy).
Cross-examined by MR. WOOLLETT. Q. Did you know M'Elligott before? A. Yes.
MR. RTLAND. Q. What colour are your trowsers? A. Black; he had got on a jacket the colour of my trowsers.
WILLIAM NICHOLAS (policeman, L 113). I took M'Elligott about half-past 1, or 20 minutes to 2 o'clock in the morning, standing opposite the door
of 40, Vauxhallwalk—he was handed over to me by Newton—he asked me what I took him for—I said the inspector on duty would tell him when he rot to the station, or the Magistrate would tell him next day—he said he knew nothing about the murder—I had not mentioned the word "Murder!"—it was not "about the matter."
Cross-examined by MR. WOOLLETT. Q. Cane and Hickey had been in custody about an hour previously, had they not? A. No.
CHARLES BURGESS GOUGH (police-inspector, L). On 5th May, about 9 in the morning, I went to 101, Vauxhall-walk. There is a garden in front of the house, with pieces of stone round the flower-bed, called potters' clinkers, or binders—there was a deficiency in them in the front, of apparently ten or twelve—inspector Carter pointed out to me the place where Chaplen fell—that is about fifty-three yards from the garden—here is one of the clinkers from the garden (produced)—I received these eight other clinkers from Streems—on 5th May I took them to the garden, and fitted them to the gap—several fitted completely, but in a number of places the mould had fallen in; but when I fitted them, they filled up the whole space—the spot pointed out to me was directly facing No. 1, Salamanca-street.
THOMAS STREEMS re-examined. I found these clinkers opposite Salamanca-street where Chaplen had laid, about an hour and a half after he was removed.
MR. PARNELL. Q. Scattered about in different directions? A. Five of them were close to the spot where the body lay, and the others in different directions—one or two were as much as ten yards from the spot, and the others less.
MARY HANDS . I am the wife of William Hands, a policeman, of 101, Vauxhall-walk. We have a flower-bed in the front garden, with stones similar to these round it of various sorts and sizes—they were all in their places at half-past 10 o'clock at night on 4th May, when I let a friend out—I did not miss them till the constable came next morning, and told me they were gone.
Cross-examined by MR. PARNELL. Q. Was your husband at home that night? A. Yes, ill; he was not doing duty at that time—I saw footmarks in the garden as if somebody had jumped over instead of coming in at the gate, which was only latched—they could open it, and come in—the railings are about four feet from the ground.
THOMAS WILLIAM CARTER (police-inspector, L). I made this plan of Vauxhall-walk—I measured the distances myself—No. 91, is 190 yards from the house where Cane and Hickey resided.
THEODORE EDWARD LADD . I am a surgeon, of Walcot-place, Lambeth. On 5th May, about 3 o'clock, I was called up to the deceased—he was perfectly insensible—his face altogether was very much bruised—on his right eyebrow was a lacerated wound—on the left side of his head was a very extensive wound, which communicated with a fracture of the skull—there was a piece of bone pressing on the brain—the wounds were bleeding, and he was also bleeding from the nose and ears, from which I inferred that the fracture of the skull extended across the base—there were no symptoms of rallying, and I ordered him to the hospital—I afterwards heard of his death, and consider it was caused by the fracture of the skull, and the piece of bone pressing on the brain.
Cross-examined by MR. PARNELL. Q. You attribute the bleeding from the nose and ears to the blow on the left side? A. Yes; his face was more swollen on the light side than the left—I am surgeon to the division—I was not summoned to the station to Cane—I saw that he had a wound over the
eyebrow next morning, at the police station—I did not examine it—it was not plaistered—the blood was not washed off.
WALTER REES . I was house-surgeon at Gay's Hospital. On 5th May, the deceased was brought there insensible, at 5 o'clock in the morning—he died in ten minutes or a quarter of an hour—on the 7th, I assisted Dr. Lloyd in making a post-mortem examination—there were five lacerated and contused wounds on the upper part of the face and head—one about an inch and a quarter long over the external angle of the right eyebrow, another about 22 inch and a half long over the left eyebrow, another on the left temple region communicating with an extensive fracture of the skull, and one behind the ear rather smaller, and another quite on the back of the head—the blows must have been numerous—no two wounds could have been produced by one blow—the scalp was infiltrated with blood in every direction—the temporal muscles on both sides were also much loaded with blood—I attribute death to compression from coagulated blood, and from the bone: which were produced by the fractures of the skull—the greatest fracture was on the left side—blows with such stones as these would produce such wounds.
MR. BALLANTINE called
ANN CONNELL . I am the wife of John Connell, of Justin-street, Lameth. On Sunday night, 4th May, I was at the collection at the White Line, at 11 o'clock—I did not see Cane in the house—I saw him on the pavement as I came out, close upon 1 o'clock—me and Cane, and M'Elligott went to where Cane lodges; Mrs. Cole's in Vauxhall-walk—while we stood in Mrs. Cole's gate, six or seven men and women came up singing from the White Lion—we stood there till they came up and passed—two policemen who I do not know were driving them, telling them to go home—Cane laid hold of one of the policeman's hands, and said, "Let them alone, they are only singing, they will go home quiet"—the policeman attempted to withdraw his hand from Cane's—Cane held it, and the policeman hit him with his staff on the head—I saw blood come—Elligott and me laid hold of him, and asked him to go indoors, and never mind what had happened, but go in and keep out of the policeman's clutches—he went in doors, the door was shut, and I went home.
Cross-examined by MR. RYLAND. Q. Have you seen either of the two policemen since? A. No; I have seen plenty of police here to-day—I have not been op in the gallery at all to-day—I should not know the policemen if I were to see them—there was not a large party at the White Lion while I was there—I amused myself in going in and out two or three times to the pavement—my husband was not there—he was ill, and sent me to supply the collection—I did not go inside Cane's gate—it did not take many minutes to walk from the White Lion to where this happened—it was close upon 1 o'clock when we got to Mrs. Cole's gate—I stopped there five or six minutes—I did not come out again that night, and heard no more till next day—I have known Cane nine or ten months—he is a labourer—he is not very frequently in work—he does not work at the gas-works—I saw him after he had got inside his gate, but not after he shut his door.
ELLEN DUNN . I live at Mr. Cole's lodging-house; Cane lodged there. On the night this took place, he came in alone—I do not know what time it was, his forehead was bleeding, he complained to me about it—he had a hat on—he was going out again after a small while, with a cap on—I told him to stay inside—he went out—I cannot say how long he was gone—he came back with Hickey and Harrington, and the policemen came directly after.
MR. COCKLE. Q. Did you notice what state Hickey was in when he came in with Harrington and Cane? A. I saw no blood on his face or dress
—I did not notice whether he was cot in any way, they all three went down-stairs to the kitchen—I did not go down with them—I afterwards saw them in the kitchen—I do not recollect what Hickey was doing—Hickey came op, and I heard people coming across the palings, and called my mistress—I went op-stairs—I afterwards saw Hickey outside the door, taken by the police; there was then blood on his face—I do not know bow it came there—I saw no cot.
Cross-examined by MR. CLARK. Q. Are you servant at this house? A. Yes; a good many Irishmen live there—all the lodgers bad gone to bed but Cane, Hickey, and Harrington—Mrs. Cole had gone to bed when Cane came in the first time—there was a fire in the kitchen—as soon as I heard Cane knock, I ran op, and opened the door; there was no light at the door—Cane talked with me in the passage for a small while, and then I went down-stairs, and he went out—I cannot say whether it was a quarter or half-an-hour before he came back with Harrington and Hickey—I opened the door for them—I do not know whether there was a light in the passage, there was one down-stairs—the police bad got their lanterns when I saw Hickey in their hands, and that was the first time I saw his head bleeding—when Cane went out, after speaking to me in the passage, he took a knife with him off the kitchen table, down-stairs—he did not remain in the passage all the time.
MR. PARNELL. Q. What did he do with the knife? A. I saw no more of it—I saw him lift it op in the kitchen, whether he pot it down or not, I do not know; he went op-stairs before me—there were more than a dozen lodgers in the house—one was named Clary—I have never seen him since—he never came home that evening—some of the lodgers bad been in bed a quarter of an hour when the three men came—some of them came in between Cane's first coming and the three men coming—I do not know whether they could let themselves in without me—I saw Fahee, Burke, Shanahan, and four others who I do not know, come in together, just as Cane talked of going out again—the kitchen is the room where the lodgers take their meals—they do not sleep there—they wash in the back-kitchen, and get their meals in the other—I do not remember what dress Hickey had on when he come in.
COURT. Q. Is there any gas-lamp outside the door? A. "No; I saw Clarey at the White Lion that evening, about 10 o'clock—I do not remember how he was dressed—I never saw him again—I cannot say what time my mistress went to bed—I saw her at the White Lion, she came away before me—she was not in bed when I came back, I saw her go to bed—I cannot say what time it was—I came in about 12.
MARGARET COLE . I am the wife of Robert Cole, who keeps this lodging-house, 49, Vauxhall-walk—Cane and Hickey, and several others, lodged there. On Sunday night, 4th May, I went to the White Lion—I left Cane and the others there—I was not in their company, I was in the bar—I got home before 12 o'clock, and went to bed—when I had been to bed some little time I heard my girl's voice, and men's voices—I got oat of bed, went into the passage, and saw Cane and my girl—Cane's head was cut—I saw blood on his face—I spoke to him and went into my room, and he went out—I was disturbed again about a quarter-of-an-hour afterwards—I got op, went into the passage again, and saw Cane, Hickey, and Harrington, and almost at that minute the police came—I do not know whether Cane had a hat or a cap. MR. COCKLE. Q. Did the three go down-stairs? A. Yes; and so did I,
for about two minutes—Hickey took a basin of water to fill a kettle to wash Cane's head—he went up-stairs with the basin and did not return—I saw no blood on Hickey's face when he first came in—I did not examine his dress—I was too frightened at being called out of my bed.
Cross-examined by MR. CLERK. Q. Had you a light in your bed-room? A. Yes; I did not take it out when Cane came the first time—I sleep in the back-parlour, on the ground-floor—the door faces where he stood—there was a light in the kitchen.
MR. COCKLE called
DENNIS HARRINGTON . I was at the White Lion on 4th May, the night of the collection for Clarey—Hickey was there, and his brother-in-law, Jerry Shay—I left there with Hickey and Shay at a quarter to I o'clock, and came along Vauxhall factory into Glasshouse-street, and into Jerry Shay's house—it was then 5 minutes to 1—we ate our supper, and left there at half-past 1—we met Clarey at the bottom of Glasshouse-street—he did not accompany us to Shay's—he asked Hickey for his jacket, which he gave him, and Clarey gave Hickey his coat—I know Hickey's jacket—I have not seen it since that night—it was a black corduroy-jacket, with a broad ray—this was after we had supped, and when we were about three minutes from Shay's house—we were going towards our lodging-house, 49, and Clarey was going back towards where the fight lied—I have not seen him since—after parting with him I went home, and met Cane between Shay's house and our lodging-house—he was cut in the forehead—I did not notice what he had on his head—me and Hickey and Cane went in together.
Cross-examined by MR. RYLAND. Q. Did you stay in the lodging-house till the policemen came? A. Yes; I do not know what time it was—I went down into the kitchen, and thought it was time to go to bed—I went to bed, leaving Cane and Hickey in the kitchen, and very soon aftewards I heard a rumpus—I did not get up, I kept snug in my bed—I do not know the time very accurately when either of these matters took place—I know it was 5 minutes to I when I went into Jerry Shay's—there is a clock in his house—I swear I looked at it—it is in the kitchen, where we supped—I looked at it again when I went out, on my oath—it is my general rule to look at the clock when I want to know the time—I had been in bed a good while when the police came; I do not know how long, for I was asleep—the police did not wake me—I had not been to sleep before I heard them—I had not been lying in bed awake half-an-hour when they came—I cannot tell whether it was twenty minutes, there was no clock in the room—it was more than ten minutes, I did not get up—I laid undisturbed, and did not get out of bed till morning, when I went to ray work—the police came for me when I was at work—the Magistrate discharged me.
COURT. Q. The exchange of the coat and jacket took place in the street? A. Yes; there was nobody else in the street—there was no clock in the kitchen at the lodging-house—it was about five minutes before I went to bed—I took my clothes off when I went to bed, and it might be twelve minutes before I heard the police come.
Q. Just look at that clock, and tell me what time it is? A. No, Sir; I do not know the clock at all—the woman at the house said what time it was.
JEREMIAH SHAY . I am Hickey's brother-in-law. I was at Clarey's collection, at the White Lion—I left with him and Harrington, at a quarter to 1 o'clock, according to my opinion—we went to my house, in Glasshouse-street—they left at half-past 1—I wished them good-bye, bolted the door, and went to bed—they had supper with me—the door was not locked when
we went there—my mistreat knew I was out—she was at home—the is here—we have but one room—Hickey wore a black corduroy-jacket, a waistcoat, and a hat which he wore at the White Lion, and when he left my house.
Cross-examined by MR. CLERK. Q. What did you have for supper? A. Bread and a bit of bacon, nothing else; no drink at all—it was 5 minutes to 1 by my clock when we got home—I can't tell what time it is by that clock (looking at the clock in the Court); I don't know.
MART SHAY . I am the wife of the last witness, and the sister of Hickey. On 4th May, Clarey's benefit night, my husband came home at 5 minutes to 1, with Hickey and Harrington; I know the time, because we have a clock; I can tell the time by the clock (after looking at the clock some minutes, the witness told the time correctly)—Hickey wore a jacket and bat when he left.
Cross-examined by MR. CLERK. Q. Had they anything to eat at your house? A. Yes, supper; bread and bacon, but no drink.
JAMES RYAN . I work with Mr. Cole—I know Cleary; he worked for Mr. Cole; he used to live at 49, Vauxhall-walk—I remember his benefit at the White Lion, on Sunday, 4th May—my wife lent him a coat—I saw him with it on at the White Lion; that is the same coat which Hickey has on now; it is mine—I was not present when my wife lent it.
Cross-examined by MR. CLERK. Q. Have you been in the habit of wearing it? A. Yes; I had not worn it on that Sunday (the witness exchanged his jacket for the coat which Hickey wore, which appeared to fit the witness better than it did Hickey)—I have a better opportunity of seeing it now, and am sure it is mine—this is the first time I have seen it since that Sunday.
CANE. Aged 40.
HICKEY. Aged 23.
Guilty of Manslaughter.
Transported for Fifteen Years.
M'ELLIGOTT— NOT GUILTY .
ADJOURNED TO MONDAY, JULY 7TH, 1851.
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Australian Convict Ship Project
Abt 1809 - Yes, date unknown
