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John Francis Shackleton

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John Francis Shackleton

Post by Karen on Thu 5 Dec 2013 - 19:51

Although this is very clearly not the same John Francis Shackleton that lived with Robert D'Onston Stephenson, since he was born in 1841, I believe this John Shackleton may have been a relative of his since he did reside in Yorkshire.

FRIDAY'S LONDON GAZETTE, JUNE 18.
BANKRUPTS.

John Shackleton, Skipton, Yorkshire, innkeeper.

Source: Monmouthshire Merlin, 26 June 1830, Page 1

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Author of: "Epiphany of the Whitechapel Murders"
Author of: "Jack the Ripper: The Satanic Team"
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Re: John Francis Shackleton

Post by Karen on Thu 5 Dec 2013 - 19:53

Here is a murder trial in which a policeman named John Shackleton gave testimony:

TUESDAY.

As it was generally known that the two Irishmen, who were charged with the atrocious murder of a poor unoffending old woman at Bassalleg, would be tried today, the court was surrounded by a large crowd a long time before the doors of the court were thrown open,
who were anxious to gain admittance to hear the details of one of the most cowardly butcheries ever perpetrated. Lord CAMPBELL entered the hall at nine o'clock, soon after which the doors were thrown open for the admission of the public; and as the crowd had by this
time increased enormously a fearful rush was made upstairs - the avenues being literally crammed with a struggling mass of human beings. Many were thrown down and trodden upon, while others were jammed against the walls; those who suffered personal injuries, and in fact
all, uttering various exclamations. The scene was at one time so tumultuous and alarming that fears were entertained that lives would be lost, or, at least, dangerous accidents have been experienced; but we are happy to say that by the judicious efforts of the officers on duty no
serious casualty occurred. A considerable number of well-dressed gentlewomen had been admitted before the crowd; and they occupied positions in the grand jury box and the different spaces on both sides of the bench. Silence was at length restored, and the trial was proceeded with.

THE MURDER AT BASSALLEG.

Maurice Murphy, 21, and Patrick Sullivan, 22, were placed at the bar, charged with having, at the parish of St. Woollos, on the 3rd day of April last, wilfully murdered Jane Lewis. The prisoners were also charged with the same offence upon the coroner's warrant.
Mr. Skinner and Mr. Rickards prosecuted; and Mr. Huddlestone defended Murphy, and Mr. Vaughan Richards defended Sullivan.
The jury consisted of the following gentlemen: -

John Ausley                                 Samuel Collett
James Addis                               Joseph Carwardine
William Baker                              James Dugmore
Edward Baker                             William Earl
John Baker                                  Henry George
James Bird                                  Jeremiah Griffiths

A marked improvement had taken place in the appearance of the prisoners since we saw them before the coroner - a circumstance which shows the effect of regularity in living with cleanliness, although associated with the low diet of a gaol and the depressing influences of rigorous confinement.
Both prisoners became flushed on entering the dock and encountering the public gaze; but no other indication of feeling was perceptible; they preserved the same bearing of reckless hardihood which had characterised their conduct before the committing magistrates and the coroner, and the same
callous indifference to the awful position in which they stood. More hardened villains never stood at a bar of justice. Murphy's eyes seemed wandering about the court, but suddenly his countenance brightened up as he recognised some one in the dense body of spectators. On looking in the direction
to which his eyes were turned we saw a gentleman in clerical costume - probably a Roman Catholic priest, with whom the prisoners had been in communication. Sullivan (who, we understand, has less ferocity in his disposition than his better-looking companion in murder) maintained the same dogged, sulky
look which he has ever borne - avoiding every one's countenance and stealing furtive glances at the solemn scene by which he was surrounded.
The prisoners having been arraigned, pleaded "Not Guilty" in a firm tone.
Mr. Skinner, in opening the case, said that the jury had heard from the indictment which had just been read that the prisoners at the bar stood then on their trial for the gravest offence known to the law - that of wilful murder. He was quite sure that that intimation on his part was sufficient to secure for them the jury's
most anxious attention to the evidence he should lay before them. The circumstances under which this crime was alleged to have been committed he would shortly state. On Wednesday, the 3rd of April last, Jane Lewis, who was about sixty years of age, went into the town of Newport for the purpose of making purchases,
having two daughters residing in that town. She called on them during the afternoon of that day, and was then apparently, in perfect health. She left them in the latter part of the day - between three and four o'clock - for the purpose of returning home. On her way home she was met and accosted by one or two persons with whom
she had been acquainted for many years; and at twenty minutes to six she was seen alive on the road to Bassalleg. At that time, the person who saw her saw also two men following her; and these two men witness would state were the prisoners at the bar. And with respect to the prisoners, he would show the jury by a man of the name
of Phillips and others that they were in company together near the spot on the day the murder was committed; and that no other persons were with them at the time they were seen. That circumstance would be important when the jury came to consider the statements made by the prisoner. A farm called Cefnparva, is some distance from
Newport on the road to Bassalleg; and near it there is a hand-post where two roads separate. Now one of the witnesses - a person of the name of Phillips - during the interval that elapsed between the hours of four and six, saw the two prisoners as often as four times. He was engaged in hauling coal. On the last occasion that he hauled coal
on the day in question he did not see the prisoners where he had previously noticed them - he saw them no more, in fact; but at that time he observed some peas trodden into the ground on the road. The object of making that statement was this: at six o'clock, from the circumstances of the peas being trodden into the ground and the disappearance
of the prisoners it is probable that the murder had then been committed, because at twenty minutes to six the deceased was seen alive - she and the prisoners were seen on the road, while she was never seen alive afterwards. She had some peas with her. Shortly afterwards the two prisoners were met by a man named Leary near the hand-post,
which circumstance would show that they had been in the neighbourhood at the time the old woman was killed. The prisoners were found in Newport at seven o'clock, dealing with a shawl which witnesses would prove had been worn by Jane Lewis that afternoon. The shawl was very wet, for it had been raining heavily on the day this murder happened;
and in consequence of its being so wet the pawnbroker refused to take it, recommending the prisoner who offered it (Sullivan) to go and dry it. Sullivan replied that he had no place to dry it; and shortly afterwards he and Murphy went to a lodging-house kept by one Regan. The shawl being very wet they dried it at the fire; and had a conversation about it
among themselves. They were asked where they had come from; and they described themselves as having just left a ship in which they had arrived in this country from Cork. They offered the shawl for sale; and eventually they sold it for 1s. 5d. Having sold it they left the house to which they never returned again, although they entered it under pretence of
getting a lodging. They went to the house of refuge for travellers - they sought for shelter and it was given to them. In a room in which they were put was water for drinking; and in an adjoining room some water for washing; and on that night somebody made use of the water for drinking for the purposes of washing, but whether the prisoners did it or not, was
not known; the suggestion was that it was probable the prisoners, if they committed the murder, were stained with blood, and that they were anxious to rid themselves of such evidence of guilt by washing. This was Wednesday night. The next morning, the old woman, not having returned home, her family became extremely anxious for her safety; and at about
two o'clock in the afternoon her lifeless body was found by her son at rather less than two miles from her home, and near the place where the prisoners and she were last seen. She had been drawn inside a field, and put in a brake of wood, - in a place more or less of concealment. After she was examined, at about a hundred yards from her body her basket was found.
It seemed that whoever killed her had possessed themselves of her basket, and considered whether it was worth stealing, when they came to the resolution of abandoning it near this place. Each of the prisoners endeavoured to throw the blame on his companion. That was no an uncommon course. The jury would have to look at all the circumstances of the case
to see whether there could be any doubt that the prisoners were jointly concerned in this foul transaction. The circumstance that they had been seen about the neighbourhood, directed attention towards them, and instant inquiries were made for them; the result was that they were traced to Cheltenham, and there taken into custody. On Murphy was found a handkerchief
which was the property of the old woman. The learned gentleman made a few other remarks respecting stains of blood which were clearly discernible on the clothing of the prisoners; after which the examination of witnesses was proceeded with.

THE EVIDENCE.

Anne Lewis examined by Mr. Rickards: I am the daughter of Evan Lewis, and of the deceased Jane Lewis. Previously to the 3rd of April, I was living with them in the parish of Bassalleg. That is about five miles from Newport. Jane Lewis was a poor woman receiving 2s. 6d. a week from the parish at Newport. On the 3rd of April, at eleven o'clock, my mother left home to go
to Newport. It was on a Wednesday. I saw her leave the house. She wore a shawl. This is the shawl she wore. She took a basket with her and a tin to go for some barm. I never saw her alive after that time. She went down Bassalleg road - the road from Bassalleg to Newport. [A black handkerchief shewn to witness.] This is the handkerchief my mother had. It was round her bundle -
taking cabbage to my sister at Newport. In her basket she had the tin for barm. The basket was on her arm, but she carried the bundle in her hand.
Cross-examined by Mr. Huddlestone: This is the basket. I am thirty-three years of age. My mother was a little woman. There are some holes in the black handkerchief.
By the Court: I am sure it is the handkerchief my mother carried with her. There is a hole in it burnt by the fire.
Emma Jenkins examined by Mr. Skinner: I am sister to the last witness; and I live in the Carpenter's Arms, in Newport. My mother was about 61 years of age. I saw her last alive on the 3rd of April, at about three o'clock in the afternoon. I saw her at my house in Newport - the Carpenter's Arms. She came to me about three; and she left about four. She had a shawl on and had a basket with her.
I gave her sixpence before she left. She would not stay to take tea as she was in a hurry to be home before night; and so I gave her sixpence, and away she went. She appeared to be in good health. She said she had not been so well for some time as she was that day. She generally returned home by the Bassalleg road. She took the shawl and basket with her. This is the shawl; and this is the basket.
By the Court: She brought me three broccolis. They were in a black silk handkerchief.
Amy Edwards examined by Mr. Rickards: I am a widow occupying Cefnparva farm. It lies near the road leading from Newport to Bassalleg - about a mile and a half from Newport; and about a mile from the village of Bassalleg. I remember going home from Newport on the 3rd of April. I went along the Bassalleg road. It was market-day at Newport. It was about half-past five when I went to a house about a
quarter of a mile from Stow Hill. That house is just by the Cross-road. It is William Jenkins's house. It is close by some cross-roads and a hand post. It was raining hard; and that is the cause that I turned in to William Jenkins's house. While I was there I saw deceased, Jane Lewis. She was passing by this house, and going towards Bassalleg. She had a shawl on. This is the shawl she had on. She was alone.
I did not notice whether she carried anything or not.
Cross-examined by Mr. Huddlestone: I believe I went before the magistrates some time in the week following.
William Harries examined by Mr. Skinner: I am in the employ of the Monmouthshire Railway Company. On Wednesday, the 3rd of April, I was at Bassalleg, at Piecorner. It was about three miles from Newport. It was about three in the afternoon when I was there. I observed these here two that are here there then. I mean the two prisoners, one of whom I noticed particularly. It was Maurice Murphy. I do always carry a
stick with me; and he had a stick which I thought was my own; that is the way I noticed him particularly. One of them wanted to go down the tram-road through Sir Charles Morgan's park. It was Murphy. The policeman did not stop them. They said they wanted to draw down to the lower part of the town. The policeman said there was no path allowed that way; and so they must turn back by the road. They did turn back;
but they were very loth to turn back. They went towards Newport way. It was raining uncommon at this time. I have been shown the place where Jane Lewis's body was found. That is in the direction they were going. It is about three quarters of a mile from Piecorner.
Cross-examined by Mr. Huddlestone: Piecorner is where the two roads meet. The tram-road leads down to Newport through Tredegar Park. There is a river that crosses the Newport road, and also goes through the park. I saw the two men on the Newport side of the river. In going from Bassalleg to Newport the tram-road goes to the right. Tredegar Park is about a mile from the road on the right hand side. The road from
Bassalleg to Newport is pretty nearly straight. I had never seen these men before.
John Phillips examined by Mr. Rickards: I live at Bassalleg. I am a labourer. On the 3rd of April I was hauling coal from the Piecorner to the Newport Union-house on Stow-hill. I had a cart and three horses with me. While I was going along the road with my cart I saw two men. There they are - the two men at the bar. They were lying under the hedge, as if they were sheltering, about ten yards from the gate. That part of the road
is about half-a-mile from the union, on the Bassalleg side of the handpost; and between the hand-post and Cefnparva. I was going towards the union at that time. Afterwards I saw the place where the body was found. I saw the two men three times the same evening. They were sheltering on each time. They had changed their position about the length of a field. I saw them first under a hedge at the top of the hill. It was about half-past
four when I saw them first. I passed them on my way to Stow-hill - went on to the union and delivered my load of coal - then returned towards Piecorner - on my return saw the two men again in the same place - a cart with coal came to meet me, which I took charge of at about five hundred yards from where they were, and with the other cart I went back to Stow-hill. On passing the place I saw the two men again. They were then the length
of a long field nearer Piecorner; but still under the hedge. It might then be, perhaps, about five-and-twenty minutes to six. They rose both from the hedge just before I came up to them. I passed them. The taller of the two (Murphy) looked towards the clouds, because it was so wet; the other seemed as if he wished to go back towards the place where I had seen them before; but Murphy invited him to go forward, and they did. They went
towards Bassalleg. This was the last time I saw them. This was four hundred yards from the place where the body was found. As I was going on towards Newport, I met Jane Lewis, the deceased. I met her about forty yards from the place where I had last seen the two men. She was going in the direction of Bassalleg. She had that shawl on. She had something as if she had a small basket on her right arm, and as if she was trying to keep
a few things dry with her shawl. It was covered by her shawl. She said in Welsh, - "Indeed, John, it has turned out a very wet evening." I have known her ever since I was a boy. This was the last time I saw her alive. On the Saturday after I saw her body at the Newport Union deadhouse. On the Friday morning I gave to the police a description of the two men I had seen.
Cross-examined by Mr. Huddlestone: I had never seen the men before. It had been raining very heavily.
Catherine Sullivan examined by Mr. Skinner: I live at Friar's-fields, in Newport, and go about the country with a pack. On Wednesday, the 3rd of April, I was on the Bassalleg road. I left Bassalleg at a quarter past four, but was delayed on the road. I got home about six. I met Jane Lewis on the road. I was close to the farm-house then next to the finger-post. That would be the Cefnparva farm. I spoke to her. She was going to Bassalleg. I asked
her to put my cloak right, as the wind had blown it wrong; she did so. After that had happened and when I had left her, I saw two men. They were coming down the road. They met me, and I passed them. They were walking in the same direction as the old woman - Jane Lewis - going after her towards Bassalleg. I see two men here like the two men I saw. I mean the two prisoners at the bar. They are very much like them.
Cross-examined by Mr. Huddlestone: The two were walking on the foot-path, one after the other.
Henry Phillips examined by Mr. Rickards: My father lives at Nantcoch farm, by Sir Charles Morgan's park. It is near the road from Newport to Bassalleg, and about a quarter of a mile on the Newport side of Piecorner. John Phillips, who has been examined here today, is my uncle. On the 3rd of April I was assisting him in hauling coal from Piecorner to Stow-hill. I went with the carts from Piecorner to Cefnparva. I brought them from Piecorner until
my uncle met me, and then he and I exchanged carts. I went back with the empty one to Piecorner to get it filled. I saw two men on the road. I see them now in court, - the prisoners are the men, and I saw them four times. I passed them four times. They were stopping by the side of the road, lying down by the side of the hedge. The little one (Sullivan) had a cap, and the other had a hat. One of them had a stick. I cannot say which. They were always
in the same place when I saw them. It was on the top of Cefnparva hill. It was about a quarter past four when I saw them there last. It was about twenty minutes to six when I left Piecorner the last time with my load. On that last journey I did not see the two men. They had gone from the place where I saw them before. When I got to Nantcoch with the last load - or a little further on towards Newport - I saw some peas on the road near a tree by the side
of the road. Opposite to the tree there is a gate leading into a field. I was shown the place where the body was found. The gate I have spoken of leads into the field in which the body was found. It was found about six or seven yards, I believe, from the gate. The peas were peas that they sow. They were out of the shell. They were scattered a little about the road at about four yards from the gate.
Cross-examined by Mr. Huddlestone: There was a little boy coming behind me. I had never seen him before. He was just by the gate. He was by me all the time the last time I was hauling. He was not with me when I first saw the two men. I do not know who he was. I met my uncle at about half an hour after I first saw the two men. I had to go about half a mile before I met him. When I saw them the second time, I had left my uncle. I had to go the same
distance before I saw the two men.
Cornelius O'Leary examined by Mr. Skinner: I am the man-servant of Mr. John Lewis, of Tydee, in the parish of Bassalleg. I know the hand-post on the road from Newport to Bassalleg. On the evening of Wednesday, 3rd of April, I had to drive my master's carriage from Newport to Bassalleg. On the road, at about a hundred yards from the hand-post, on the Bassalleg side, I met two men. It was about six o'clock in the evening. I swear to Murphy as the man who
stared me in the face. I cannot speak to the other. I met two men. They were in company, and going towards Newport. I swear Murphy is one of them. He had a cap on; the other had a hat on. They stood when I passed. I was on the coach-box. The other man leaned against the bank and looked down on the ground.
Cross-examined by Mr. Huddlestone: I was driving a phaeton. Master and Mistress were in it. It was raining very heavily. I was driving pretty quickly. I had a single horse. I went before the magistrates at the time the charge was being heard before them against the prisoner.
Re-examined - We were going up-hill when we met them.
John Lewis examined by Mr. Rickards: I am the son of Evan Lewis and the deceased, Jane Lewis; and I live at Bassalleg bridge. On Thursday, the 4th of April, my sister Anne came to my house to enquire about my mother. It was about two o'clock in the afternoon or a quarter past two when she came. In consequence of information I received from her I set out to go towards Piecorner in search of my mother. I passed Piecorner and proceeded on the road towards
Newport. I looked into two or three places as I went along. I went into Mr. Powell's brake, which is called Nantcoch brake. There is a gate from the road into a field. It is on the right hand side as you are going towards Newport. Going in at that gate there is a brake - a piece of copse or under-wool. In that brake I found my poor old mother (sensation). She was dead. I did not touch her. She was lying on her back with her feet towards the gate. There was nothing over
the body only her own clothes. The hedge stopped people from seeing the body from the road. When I went in at the gate I could then see the body. I did not notice a shawl with her. I then went to Nantcoch farm to give information, leaving the body where I found it. I afterwards went towards home. I met Mr. Treharne Rees as I was afterwards going towards Newport. I had been home. I told Mr. Treharne Rees what had happened. As I was going to Newport I met Superintendent
English coming out. I took him back to Nantcoch brake and shewed him the body, which was then in the same place.
Robert Stack, M.D., of Newport, examined by Mr. Skinner. I practice as a general practitioner at Newport. On Thursday, the 4th of April, at about six in the evening I went to Nantcoch brake, having been sent for. I there saw the body of Jane Lewis. It was lying in the brake at the time I saw it. She was quite dead; and had been for some hours previously. I made a partial examination then of the body; and afterwards a regular post-mortem examination. On removing the integuments of
the face I found the orbital bone near the eye fractured. I found the nasal bone on the right side of the face broken to fragments. I found the upper and lower jaw, on the right side of the face, broken; and I found the lower jaw on the left side dislocated. On the back of the head, I found a portion of the occipital bone, about an inch and a half in diameter, broken in. It had been beaten in; and a portion of this bone - the central portion of this bone - penetrated the substance of the brain.
On the surface of the brain, and in these portions of it corresponding with the injuries I have described, I saw a large quantity of extravasated blood. I observed no abrasion or contusion on any other part of the body. I attribute her death to those injuries, which were sufficient and must have produced death very speedily. The injuries to the occipital bone might have caused death alone; and so might the fracture of the orbital bone; but both must have done so immediately. They were
such injuries as might have been produced by a blunt instrument, used with great violence, or with a stone. Severe blows must have been given to break that part of the skull. The shawl was shewn to me in court before the magistrates. I saw stains on it, which I considered to be stains of blood attempted to be washed out. I also saw the waistcoat and trousers there which I now see; and they presented similar appearances.
Cross-examined by Mr. Huddlestone: I tried no experiements on the stains. I did not think it necessary to try experiments, because they presented appearances which I frequently see when blood is attempted to be washed out of cloth. Where a portion of the bone is forced in upon the brain death does not always follow instantaneously. It depends upon the intensity of the injury. The orbital bone did not penetrate the substance of the brain; but corresponding marks of extravasated blood
were found underneath the external injury.
Maria Thurston, examined by Mr. Rickards: I was in April last, an assistant to Mrs. Nelson, Llanarth-street, Newport. She is a pawnbroker. On the evening of Wednesday, the 3rd of April, a man came to the shop with a shawl. I see him now in court. It is the prisoner Sullivan. It was between six and seven. This is the shawl. It was very wet when he offered it. He asked to borrow a shilling on it, not to sell the shawl. I did not agree to advance the shilling unless he took the shawl home and dried it.
Mrs. Nelson was in the shop at that time; but no one else except the man. I showed the shawl to Mrs. Nelson; and seeing it so wet I said that I thought the red had ran into the white. The white (stripes) looked very red, as if the red dye had run into it by the wet. The shawl has red stripes. I observed some red tinge upon the white. I asked the man where he got the shawl; and he said he had it from his sister off whose back he had taken it. I said if he took it and dried it he could have a shilling upon it.
He said, - "Faith, an' sure, I have no place at all." When he brought it into the shop it was not in his hand. He took it from his left side with his right hand. He took it from under his coat. I observed that particularly at the time. He left the shop after I told him I would not take it unless it was dried. I did not see him at all again after that.
Cross-examined by Mr. Vaughan Richards: When I was before the magistrates, on the 10th of April, I said that he had taken the shawl from under his coat. I and Mrs. Nelson did not talk the matter over; but I said that it was a curious place to carry a wet article. The man was in the shop for four, five, or six minutes.
Mary Ryan examined by Mr. Skinner: I am the wife of Thomas Ryan; and keep a lodging-house in Cross-street, Newport. On the night of Wednesday, the 3rd of April, two men came to my house at, as far as I can tell, about seven o'clock. They were Irishmen. [After looking round the court for some moments.] There they are - the prisoners. They came to my house together. They asked me if I had lodgings for them; and I said I had. There was a fire in my back-kitchen. Both prisoners went in there.
One of them said to me that he had a handkerchief to dry. I recommended him to take off his coat to dry it. He produced a shawl, but called it a handkerchief. It was Sullivan. He took the shawl out of the left side of his bosom; and handed it to his partner while he was taking the coat off him. I handled the shawl and it was wringing wet - the same as if it had been in the canal. This is it. He then took it and held it to the fire; and said that he had been to the pawn-office, and that the pawn-woman told him to
dry it. He said it was wet, for then he had come out of the vessel. I said - "What vessel?" He said - "The Cork vessel." I said - "Who owns the shawl?" He said it was his sister's. "Where is your sister now?" I said. "My sister is gone on tramp," he said. I asked him then who was along with his sister - was it a husband? He said, "No; it was another woman." He then said he would as soon sell the shawl as pawn it; and asked me if I would buy it. I said I would not - I did not want it. [Witness then related a conversation
which she had had with prisoners - entering into minute details, and finally said that Joanna Calanin bought the shawl for 1s. 5d.] The taller man then said to the other, - "Let us go out and have a pint of beer." They had been whispering together before that, but I did not know what they were saying. Both went out; and the taller man said they would be back in a short time. They did not return; and I never saw them till they were in custody. Shortly after they were gone my daughter, Joanna, came back with the shawl
round the baby. I thought it was very messy; and I observed blood upon it. On the afternoon of the next day I looked at the stains again; they were blood.
Cross-examined by Mr. Vaughan Richards: I was never before the magistrates till now. I did not know till last Friday week that I was to be called. Mine is a lodging-house for Irish and Welsh labourers, or any one that may come. I have got a regular honest house.
Joanna Calanin examined by Mr. Rickards: I am a widow and the daughter of the last witness. On the evening of the 3rd of April I was at her house; and saw the two prisoners there. Each of them was in front of the fire; and one of them held the shawl. To the best of my belief it was Murphy who had it. He was holding it to the fire as it seemed to be wet; but not over and above wet. One of the women in the house said there was a shawl to be sold. I said, - "Where is it?" To the best of my opinion Murphy said, - "Here it is."
He asked 2s., 2s. 6d., or 3s. 6d. for the shawl - I am not certain which - and I offered 1s. 4d. for it. He said he could have got more for it in Cork before he brought it here; and that it was his sister's shawl. I then went into the passage saying I had a better shawl than that in pawn. Murphy, as far as I can think, came to me and said he had been at the pawn-shop, but the woman would not take it because it was wet. He would not give it to me for what I offered; and said he was going to the pawn-shop with it. He said he would
rather sell it for good if he could get a little more for it, for fear he could not redeem it out of pawn. He followed me out of the passage; and then returned back to his comrade again to ask him if he should give it for 1s. 6d. I had offered him 1s. 5d. I did not hear what he said to his comrade; but it was for liberty to sell it for 1s. 5d. His comrade said - "For the difference of a penny give it to her." I then paid 1s. 5d. for it, which he agreed to take. To the best of my belief it was to Murphy I paid the money. He gave me the shawl.
I afterwards gave it up to Mr. English, the superintendent of police. This is the shawl.
Cross-examined by Mr. Huddlestone: I was before the magsitrates - before Mr. Coles. I cannot say whether one of them had a hat. I do not know which of them had the long-tailed coat. I say that it is as far as I recollect that it was Murphy sold it me. Mrs. Ryan is my stepmother. I saw the two men in custody in Cheltenham. It was Mr. English took me to Cheltenham. I had never seen the men before that night.
Mary Hill examined by Mr. Skinner: On Wednesday, the 3rd of April, I saw the last witness at Mrs. Ryan's house. The prisoners are the identical men that came in.
Cross-examined by Mr. Huddlestone: One of the men had a hat on; the other had a cap.
Harriet Huxtable examined by Mr. Skinner: I am the wife of John Huxtable, superintendent of police, at Newport. On Stow-hill, Newport, I manage a house of refuge for the reception of vagrants, under the Poor Law Commissioners. I am appointed by the Newport Board of Guardians. On Wednesday, the 3rd of April, at about a quarter past seven in the evening, the prisoners applied for shelter at the house of refuge. They were admitted by an order from the relieving officer. I had seen both before - particularly Sullivan, who wore a hat.
They are now stouter than when I saw them. I took them in at once as the night was so bad. In the room in which the people are placed there is a large pail of water to drink. The pail contains four or five gallons, or more. It is for drinking. I called them at six the next morning. I called all the men that were in the house. Some one had been washing in the water that is kept for drinking. The prisoners were present when I scolded the Englishmen that were there for using the water in that way, as it was all spilt over the floor. One of the men I had
scolded said, - "Do not scold me, mistress, it is those Irish fellows that have been washing." No particular person was pointed out  to me as having done it. There were other Irish in the house that night besides the prisoners. I believe there was no reply made. The prisoners left at a quarter before nine; but previously to that they had been at work.
Edmund Williams examined by Mr. Rickards: I am a smith and live at Bassalleg. On the 4th of April last I went to Nantcoch brake at about five in the afternoon. The body of the deceased, Jane Lewis, was there then. I made a search in the brake and found this basket. It was about a hundred yards from where the body lay. There is a sort of shed near the place. I found a tin flask within about a yard of the basket. Here it is (flask produced). I also found two knitting pins and some white worsted. There were some peas in the basket. I noticed some
peas on the road, opposite to where the body lay, and near the gate that lead into the field. I gave the basket and other things I found to Sergeant Harlow.
P.C. Samuel Harlow examined by Mr. Skinner: On Thursday, the 4th of April, I directed Dr. Stack to go to the brake, and followed myself. The body of Jane Lewis was lying in the brake. Edmund Williams gave me this basket and its contents. I observed some peas in the road - within about ten yards of the gate, and on the opposite side of the road. There were a few peas in the basket, and they were similar to those which were scattered about in the road. When the inquest was held I got possession of the clothes of Jane Lewis. The bonnet was saturated
with blood, and cut on the back part of it. It is here. The gown was all over wet and sand, as if the body had been dragged on the ground. After this enquiry I was employed to go in pursuit of two persons that were described to me. I made enquiries. From the answers I got to these enquiries I passed through the Forest of Dean till I got to Cheltenham. I had Thomas Ryan's wife with me. At Cheltenham I obtained the assistance of Sergeant Shackleton and other police-officers. After searching several lodging-houses, we arrived at one outside of which I remained
while they went in. It was between six and seven on Sunday night, the 7th of April. When I went in the prisoners were in custody. They were afterwards given into the custody of Mr. English and myself. We took them to Lydney, thence to Newport, and eventually they were brought here.
Stephen English, Superintendent of Police at Newport, examined by Mr. Rickards: On the afternoon of the 4th of April I went with John Lewis to Nantcoch brake. He showed me his mother's body there. I observed that the clothes were torn - the front part of her dress in particular. Her pocket was hanging inside out. Three thimbles were on the ground near the pocket. I had by this time sent for Dr. Stack. I searched near the gate on the road, and found some peas imbedded in the mud. I also observed a small piece of fringe near the peas. It was woollen fringe; and I
compared it with this shawl. It corresponded with the fringe of this shawl. There is a part of the shawl from which the fringe is torn. Near the peas were five stones. They were imbedded in the grass, and had been there for years, probably. There was a vacant space, from which another stone appeared to have been recently removed. This vacant space was about four inches at one end, tapering off to an angle at the other end. I looked about for a stone to fit this space, but did not find one. The body was removed to the Hand Post beer-house, after it had been seen
by Dr. Stack, and the next morning to the Newport Union dead-house. On the Saturday following, the 6th April, I received this shawl from the witness Calanin. I went in pursuit of the prisoners to Chepstow, and on to Cheltenham, where I found they were in custody. I produce a waistcoat, which I got from the prisoner Murphy. He was wearing it. I took it from him on Wednesday, the 10th of April, at the Magistrates' Office, Newport. I find a stain on the left hand side of it. I believe the stain is blood. The waistcoat has the appearance of having been washed since it was stained
with blood. It has been imperfectly washed. I brought the prisoners from Cheltenham to Newport by way of Westbury-on-Severn, near which place I observed a hand-bill on the wall. That was one of the handbills which I had printed respecting this murder. I said to the other police-officers, in the presence of the prisoners - "That is one of my bills." Sullivan asked me for one of them. I gave it to him. He read it to himself. Murphy asked him what was in it. Sullivan said - "They say we are 5 feet 7 inches." Murphy said to me - "Well, what will they do to us?" I said - "If you are found
guilty, you will be hung." He said - "Well then, it is a good job they cannot make sparables of us." Sparables are small nails in the shape of sparrows' bills, and are used in the soles of shoes. That is all that was said at the time; but after the examination before the magistrates, a statement has been made to me by Sullivan. He called me at the Newport Police-station, and told me that Murphy threw the stocking on the road where the horse fell down. He said that the other prisoner wore it at the station - took it off, put it into his pocket until he had a chance to throw it away. Murphy was not
by at this time.
Cross-examined by Mr. Huddlestone: I got the bills printed on the Saturday morning. I got upwards of a thousand printed. They were posted all over the three kingdoms. A good many were posted about the neighbourhood. There was no reward offered except for their apprehension. I offered that reward, which I would have paid out of my own pocket. There was some description of them in the bills. Sullivan can read. Murphy cannot.
Re-examined: This is the bill.
John Shackleton examined by Mr. Skinner: On the evening of Sunday the 7th of April I was applied for to aid the Newport police in Cheltenham to search the lodging-houses. I am a policeman in Cheltenham. I received this handbill which contains a description of two parties. I did, with Superintendent Seyes, enter a lodging-house in which we found the prisoners. Superintendent Seyes read the hand-bill to them. I took them into custody charging them with the murder. They said, - "We know nothing of it." They were taken to the station-house and gave their names. I took down what they said
at the time. They gave the same names as they are charged with here. They were charged again with the murder of Jane Lewis; and Murphy said - "We can't help that same. We are innocent of that charge whatever." That is all they said. I directed my attention to the clothes of one of them, to the cord trousers on Sullivan. I said to him, - "There is blood on these trousers." He said, - "Yes there is. It was caused by bleeding horses in Ireland, as I have been in the habit of doing it." I produce a waistcoat which I took off Sullivan. He wore it. There is blood on the left breast. He said that when he was
coming over in the vessel from Ireland, the Sunday three weeks previous, he had a piece of veal which he carried between his waistcoat and shirt; and which caused the marks of blood. I observed his two shirts, as he had two on; there was a mark of blood on the outer shirt, corresponding nearly in size with the mark on the waistcoat. I produce a black silk handkerchief which I got out of Sullivan's pocket.

Superintendent George Seyes, of Cheltenham, was then put into the box; but as he proved precisely the same facts as last witness, no questions were asked him.
P.C. Robert Long, of Newport, examined by Mr. Rickards: The night before the prisoners were brought before the magistrates I was in the cell at the station-house with Murphy. That was on the 9th of April. I held out no promise to him whatever. He said to me, - "I am here charged with murder. I know all about it. I will tell the truth if I go to the gallows for it. I was present when it was done." That is all he said with reference to this charge.
Cross-examined by Mr. Huddlestone: That was not all that was said. There was something said about a watch, but not respecting this charge.


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Re: John Francis Shackleton

Post by Karen on Fri 6 Dec 2013 - 16:59

The Chief Justice: If you like you shall have all that was said.
P.C. Long: He said, - "I sold the watch at Gloucester. I'll own to that; and to having the pair of shoes." I think he said - "I had the shoes." I cannot recollect the exact words. I know he mentioned the shoes.
By Mr. Vaughan Richards: Sullivan was not present.
By the Chief Justice: He said he would own to selling the watch of the old gentleman; and likewise the shoes.
P.C. Charles Miles examined by Mr. Skinner: The day after the prisoners were committed on this charge I was on duty in the cell with Murphy. He commenced speaking to me. I made a note of what he said just at the time - two or three hours after.
He said, - "Did you ever hear of such a murder before as the old woman's?" I said - "No." "Nor I," he said; "it was a most awful thing." He said he wished he had never seen Sullivan; and then he should not have been here on a charge of murder; "for it was he
that brought me into it" - meaning Sullivan. He said he was sorry for it then; but it was too late. The reason they killed the old woman was that they thought she had some money. He then asked me what I thought they should be done to for it. I said, - "If you are found
guilty you will be hung for it." He said how they killed her was, - Sullivan went behind her and knocked her in the head. He hit her unawares - hitting her in the poll of the head. First he told me that Sullivan hit her in the head with a hammer and then with a stone, - that she fell
down - that they pulled her up - dragged her through the gate, and then Sullivan hit her again several times on the head. They then dragged her into the wood and searched her pocket - found she had no money - Sullivan then took her shawl off her, cursing her and giving her
another kick in the head. After they had left her they were afraid she was not dead - that they had not killed her quite. He said he had told the priest all about it.
Cross-examined by Mr. Huddlestone: This is the identical piece of paper on which I took it down. It may have been three or four hours after it was said before I wrote it down. I wrote it down as nearly as I could in the words in which he spoke.
Mr. Huddlestone: Let me look at your pocket-book.
P.C. Charles Miles: I object to do so unless his lordship directs me.
Mr. Huddlestone: Is there anything about this in it?
P.C. Miles: That (the piece of paper from which witness read) is not there.
Mr. Huddlestone: I know that, sir. Is there anything about this statement in that pocket-book?
P.C. Miles: No, - there may be.
Mr. Huddlestone: There may be, sir. Don't you know that there is?
P.C. Miles: I think there is.
Mr. Huddlestone: Think, sir. Don't you know that there is in your own handwriting?
P.C. Miles: Yes, there is.
Mr. Huddlestone: When did you write it?
P.C. Miles: I think it was on Saturday.
Mr. Huddlestone: And why did you put it there?
P.C. Miles: I copied it off that paper lest I should lose it.
Mr. Huddlestone: Let me look at that book.
P.C. Miles: I have some private accounts in it.
Mr. Huddlestone: Let me look at that book, sir.
P.C. Miles: No, I shall not, unless his lordship tells me to do so.
Mr. Huddlestone: Do you refuse to let me look at it, sir?
P.C. Miles: You may, if his lordship directs it. There are some private accounts in it.
The Chief Justice: I think you had better let the gentleman look at it.
The memorandum-book was then handed to the learned counsel.
After he had looked at it, Mr. Huddlestone said to witness - "Why did you tell me you were not aware that anything was in this book?
P.C. Miles: I did not understand your question.
Mr. Huddlestone: Is that your reason?
P.C. Miles: Yes, sir.
Mr. Huddlestone: Then, sir, after that answer I shall not ask you a single question.
P.C. Henry Williams, of Newport, examined by Mr. Rickards: I am acting sergeant of the Newport police; and on the 10th of April I was attending the prisoner Murphy in his cell - the night after the examination before the magistrates. I had never spoken to him when he asked me, - "What
do you think will become of me?" I told him I did not know. He said - "Now, I will tell you all about it. I and the other boy came from Rhymney that morning. We were very tired. We had nothing to eat nor drink. We came near to Newport; and I laid down on the side of the road to rest. It was not
I that killed the old woman; it was the other boy. He hit her down with a stone. It was the other boy that dragged her in the wood. He brought me the shawl, but I did not know it was the old woman's shawl. The witnesses all swore right against me; but the woman in the pawn shop. It was not Sullivan
that offered the shawl; it was I."
Cross-examined by Mr. Huddlestone: I made a memorandum on my pocket-book. Each of the force has a pocket-book. It is not usual to put things in the pocket-book; but it is done lest they might forget dates. I cannot say when I saw my pocket-book last. I may have looked at it three or four days
ago to see what I had to say at the assizes.
Mr. H.J. Davis, solicitor at Newport, said, - I am clerk to the magistrates for the division of Newport. I acted as clerk to the magistrates when these prisoners were committed for trial; and wrote the depositions. The witnesses were examined in the presence of both prisoners. After they had been examined
an opportunity was given to the prisoners to make a statement. The depositions were read over in the presence of both prisoners. Sullivan was sent into another room and then Murphy received the usual caution, in the form given in the act of Parliament. Both cautions were read to him. He made a statement
which I took down in writing.
The Chief Justice said he was glad that the evidence of the magistrates' clerk was given; not that he thought it was at all necessary, but in a serious case of this sort it was highly proper that such evidence should be given.
Mr. H.J. Davis then described the manner in which the evidence was taken. The same course was gone through with respect to the prisoner Sullivan, who declined saying anything until he knew what Murphy had said against him. One of the magistrates said that he could not allow that information to be afforded
to him, upon which Sullivan turned to Murphy and said - "What have you said?" Then the magistrates ordered that Murphy should be removed, and he was removed; upon which Sullivan made a statement which Mr. Davis took down as near as possible, in Sullivan's own words.
The two statements were then read, - the Chief Justice observing to the jury that what each prisoner said was only evidence against himself - not against the other prisoner: -

MURPHY'S STATEMENT.

Murphy - I am innocent myself, though I am a prisoner here. There was another boy beside us two there; and it was the other boy and Sullivan that did this business. They kilt the woman (sensation). They told me in Newport they had robbed the woman and they didn't know whether they had kilt her or not. Then I seed
the shawl inside Sullivan's jacket. The other boy was along with him, but he stopped at Cross-street while Sullivan went to the pawn office with the shawl. They wouldn't take the shawl at the pawn office, because they remarked it was too wet. Then we went down to Cross-street, and sold the shawl for one and fivepence.
I was trying to stop at the lodging that night; but Sullivan wouldn't leave me stop there, and forced me away to the Union (Refuge). Next morning we went to break stones there, and I got up from the heap and went to the mistress of the house, and told her I wanted to go to look for a job of work. She told me I couldn't go then,
as I hadn't gone in the morning. So I went back breaking stones. And then when we were to be let out we had half a pound of bread each. We returned to Cross-street; and I parted with Sullivan and the other there, and went to a vessel to look for a job of work. Then when I went towards the vessel I got no work. That was Thursday
morning. Then I came back to town again. I had no account of Sullivan and the other boy then. I went on the road again, and went to the next town, about sixteen miles from this (Chepstow). I paid for my lodging there that night. Then the boy along with Sullivan went into the union house there. I met Sullivan next morning, and he said
he had lodged there that night. Then we went away to the next town from that, I think, about sixteen miles from that; but we could find no lodging there, and I went to the relieving officer, who told me to go to the gate of the union house and knock. I went and a man let me in that night. I had half a pound of bread next morning, and then
went on the Gloucester road, and within three miles of Gloucester I met Sullivan again, with the boy, who said he was from the county Limerick. He was one Teddy Laehy, a comrade boy of Sullivan's own. He parted with Sullivan, who then said he would give me a watch to go to sell, and if I would do so he'd give me three shillings and
an old pair of shoes. I went into a watchmaker's shop, and asked a man to buy the watch. He told me he wouldn't, as he had more for sale than he wanted to buy. I then came out and went on the road to Bristol, and went into a shop where they sold apples, bread, and things, and asked a man to buy a watch. He looked at it and said "It's a
good watch." "It is, sir," said I. "For what will you give the watch," said he. I told him 15s. He said 'twas well worth that, but he had no money - he was a poor man, and had two watches before. He said he was offered 15s. for one of his own pocket watches; and he then pulled his own out of his pocket, and asked me what "boot" I would want
to swop with him? I told him I wanted no "boot." I wanted to sell my watch. He then sent the little girl out for some money; and when she came back she said she had none. I then went out to Sullivan, who told me to leave the watch till the evening, when they had the money, and get some bread for it. I did so, and I had fourpence worth of bread
for it, and fivepence worth of butter, 3s. in silver, and 6d. in copper. I then came out and gave Sullivan 3s. 6d., and I had two pennyworth of bread and a bit of butter for myself. He sent me back again in about an hour and a half, for the rest of the money. Then I got 5s., which I gave to Sullivan. I got a pair of shoes from Sullivan and put them on
my feet. I slept in a lodging house in Gloucester that night. I got up next morning - that was the Sunday morning; and we ate our breakfast, and then went up the streets of Gloucester, to look for the London road. Sullivan could read, and he made out a chapel there. I couldn't read nor write. We went in then to mass. That was about half-past ten
o'clock. We stopped till mass was over, and returned then to the London-road, when I found Sullivan changing colours, and I didn't know what was the matter with him. He hung his head down as if he was dead in himself. He spoke to me only a few words on the road. We were then within a mile of another town, and we sat down by the road side.
He had a box of matches in his pockets, and he took out one and lit it, and had a pipe. I did the same. A man came out, and told us to take care of the fire. I told him we had no fire but what's in my pipe, says I. "The reason I tell you," said he, "is because the hedge was set on fire the other day." The man then went away; and Sullivan took off his old
coat from his back, and said he had got one from a gentleman on the way. "What gentleman gave ye that coat?" says I. "It's a good coat, and no gentleman would give you the likes of it," says I. "Oh, yes," says he, a second time, "it's true," and then he asked me to carry the coat, as 'twas very heavy, and he wasn't well with the headache. Then I
put the coat on me, and found a pair of spectacles in the pocket, and a case. We went off into the town, took a lodging there, which I know nothing more, till the constables came in, and took us. - The further statement of the prisoner was merely a corroboration of the evidence given by the officers from this point.

SULLIVAN'S STATEMENT.

The prisoner (who had been removed by order of the magistrates) having been brought into the room said - "I have no statement to make till I have heard what has been said against me by the other prisoner."
The Bench: You shall not know what has been stated by Murphy.
Sullivan, after a short delay, proceeded: Then I'll tell all about it (sensation). We were by the ditch, and this old woman came down. The other chap, Welsh -
Rev. James Coles: Who do you mean?
Sullivan: Why Murphy as he calls himself. But he changes his name. He called himself Welsh. Well then he hit her on the poll with a stone, and she fell down. Her hand-basket fell in the road and some of the things tumbled out; and then he told me to help him into the field with her. I took her by one of her arms, and took up the basket with my other hand,
and carried her into the field; and then took her basket in my hand, and carried it up to the little house, and opened it there. He took the things out, and gave me a black handkerchief which I put in my pocket. He told me then to go out and watch in the road, to see if any one was coming, while he went down to search her pockets. I did so. He told me, too, to
give him the hat, and take the cap; and so I did, too; and he wore the hat the remainder of the evening. I stopped in the road till he came out, and then I asked him, "How much had she, Murphy?" He said, "But a ha'penny." He had her shawl. He went to the pawn office with the shawl, and wore the hat at the time. The woman swore falsely about it. When he came
out of the pawn office, I asked him why they didn't take it. He said, "Because it is too wet." So we both went together to the lodging-house. That's all I have to say. [After a pause.] Yes, I have to say, too, that Murphy gave the woman the kick in the eye, with the toe of his shoe, when she was on the ground, and two kicks on the jaw with his heel (great sensation).
There, now, there's the first and the last of it, say whatever Murphy may have said. That's how it happened from first to last.
This concluded the case for the crown.
Mr. HUDDLESTONE then addressed the court and jury on behalf of the prisoner Murphy, observing that the case which had occupied their time was one of the most painful which counsel or a jury could investigate; because if the result of the enquiry should terminate in a verdict of guilty, the lives of two of our fellow-creatures must inevitably be forfeited. There was
no disguising the fact from their minds; and he should be using false delicacy if, for a moment, he were not to bring it prominently before them - that the jury were then bringing their minds to bear on a statement of facts which must terminate, if the verdict should be an adverse one, in the execution of the two men at the bar. He and his learned friend's was a most painful
task; for they should have to ask the jury carefully to weigh words and statements, and not be led away by expressions, or by what were termed confessions by his learned friend, unless they saw that each of such statements clearly implicated the individual by whom it was made in the fearful crime charged against them. There were some of the facts in the case which
he feared were scarcely disputable. He might have occupied their time by cross-examining witness after witness at great length; but he was sure that if he had done so, he should not have entitled himself to the attention with which he saw that he was heard. He alluded more particularly to the evidence of identity, respecting which it would have been useless to have cross-examined
the witnesses, because he found that the prisoners had, in some statements, brought themselves on the scene of action; but it was for the jury to say how far they were satisfied with the evidence of identity. He would pass on to what appeared to be something like a narrative of the events of that dreadful day. That this poor old woman was murdered by somebody he was afraid it was
too plain to deny. How she was killed they had no satisfactory evidence. That two men who were on the road were brought near to the spot where her body was found is but too true; but the jury would observe that clearly there had been no premeditation on the part of those persons to be there for the purpose which was imputed to them, because it was found that at the outset -
if the prisoners were the men spoken to by one of the witnesses - they did not seem bent on going over the road to Newport, but were for diverging to the right, their object being to go through Tredegar Park, which the jury would see lay out of the direct road from Piecorner to Newport at least a mile. These men, therefore, were anxious to avoid the scene of action - evincing an intention
to take another way in pursuing their journey. Another circumstance was mentioned, namely, that these men were found under a hedge; but they were not there for the purpose of loitering or of avoiding observation, but for the purpose of sheltering from the rain - coveting and inviting attention, because one of them walked out to look at the state of the weather when one of the witnesses
was passing; thereby evincing a wish on their part to pursue their journey as soon as the rain should abate. Nor should it be said there was an intention to injure or molest if the prisoners were there for the purposes of pilfering; because, if the jury would recollect, when the little boy, Henry Phillips, passed them, with his horses and cart, four times - alone - unassisted - unprotected - he was
not molested by them in the slightest manner; so that if the object of the two men was plunder there was a helpless child with horses and cart, whom they might have robbed - the boy's appearance being much more calculated to arrest the attention of persons bent on such exploits than the old woman's, who was a pauper, receiving parochial relief. The old woman, named Sullivan, said that
the two men were following in the direction of deceased - proceeding along the foot path; but she was by no means certain the prisoners are the men, and she is the last person who saw the deceased alive. The prisoners were then seen dealing with articles which belonged to deceased. Sullivan was seen in possession of a handkerchief, also a shawl - there were marks of blood on his shirt,
waistcoat, and trousers; nothing of that description was found on Murphy. In proceeding with his comments, the learned counsel came to the confessions made before the magistrates; and expressed his unqualified approval of the manner in which the statements were reduced to writing; because as each was taken singly it could only be evidence against the party who made it. He felt grateful
for the way in which the magistrates had taken the statements. But then the question arose, - How far could the jury rely upon such statements, made by such men, under such circumstances? The whole of Murphy's statement was merely a narrative of what took place after they left Newport. He suggested that he had heard from Sullivan that he (Sullivan) and another man had committed the murder;
for he said - "The other boy and Sullivan did this business. They killed the old woman. They told me in Newport that they had robbed the old woman." Prisoners often had recourse to ingenious devices which brought them into trouble; and the very fact that some of these statements were false should induce the jury to be cautious in receiving them. They were statements that would not be received
for a single moment against another person; why then should they be received against one another? There was no proof of a third party having been present, so that there was an untruth at the outset. He did not approach with the same confidence the other three statements that were given in evidence against the prisoners; but he invited attention to the method in which the jury should receive and give
weight to that testimony, as it was very different from a statement taken down in writing by an active, assiduous, intelligent, and accurate magistrates' clerk, sitting coolly at his desk, and taking down, word for word, what fell from the mouths of the prisoners. The policemen's statements had not been reduced to writing for some hours subsequent to the delivery, and there was no efficient guarantee for
their accuracy. Their reports of conversations should be received with great caution. But it might be that the unfortunate woman came to her death by one hand only; how then could they find both guilty? And if one man only committed the crime, which of the two was it? The learned gentleman observed that such a crime would not be manslaughter - spoke of the difference between manslaughter and murder;
and contended that in this case, if the jury should be of opinion that the murder was the act of one man, they could not convinct the other, even although he was present, unless he was there aiding and abetting. Participation in the act after it was done would not constitute the crime with which the prisoners were charged. There was an important piece of evidence given by Catherine Sullivan, as she said the two men
were preceding each other; so that the act may have been done by one man before the other could render assistance or prevent the commission of the crime; and one of the prisoners said it was done unawares. If, then, they should be of opinion that one man alone may have done it, and the other man was not aware of his design till the fatal act was committed, in that case what course was the jury to pursue?
Were they to select, with only the probability of being correct which was the man? or were they to sacrifice both, that they might be sure as to one? Being in douct, were the lives of two men to be sacrificed, that the jury might avenge the death of one woman? What course had they? If they were in that position - if they felt that one man might have done it without being actually abetted by the other, the only safe verdict
they could give would be one that would release them from the responsibility in which they were placed; and release also an innocent man from an ignominious death. Let them expiate their offence by another trial. The jury's duty was justice - not vengeance. They had to consider the case as it applied to both men. They had to deal out justice, it was true; but it should be tempered with discrimination. The learned counsel concluded
by calling on the jury to give the prisoners the benefit of any doubt, and, if they should be of opinion that one only was innocent, not to separate them, as they could not decide which was the guilty man.
Mr. Vaughan Richards then spoke on behalf of Sullivan, admitting that the case presented features of the gravest suspicion, and adverting to the effect which statements in the public papers respecting the murder might have had on the minds of the jury - an effect which he earnestly hoped they would at once discharge and decide by the evidence alone. In the course of his speech he urged the absence of premeditation - the absence
of adequate motive; and asked, was it likely that two men would murder an old woman, in the garb of a pauper, who was in the receipt of no more than 2s. 6d. a week? He also spoke of the defective nature of evidence as to identity; and alluded to discrepancies in the statements made by the witnesses Thurston, Regan, and others.
At five minutes to five the address was concluded, after which the Lord Chief Justice said that as his summing-up would necessarily occupy a considerable time, the jury might retire for a few minutes.
His LORDSHIP commenced summing up at seven minutes past five; and having made a few introductory observations, went through the whole of the evidence. When he came to that part in which the married daughter of deceased said that her mother called at her house at Newport, and declined staying to take tea, as she was anxious to be at home before dark, and that the daughter had given her poor old mother sixpence, his lordship
said it was impossible not to be affected. His utterance became choked, and he was unable to proceed for a minute or two. Many in court were also affected to tears. The summing up was concluded at half-past six, and at its conclusion the learned judge again became visibly affected.
The jury then consulted together for four minutes, and without leaving the box pronounced a verdict of GUILTY against both prisoners.
The prisoner Sullivan seemed to have prepared himself for this termination, as no visible change was apparent in his countenance or demeanour. He stood sulkily and sullenly with downcast looks, as he did throughout the day. On the other hand, Murphy seemed to have buoyed himself up with notions of escape from his impending fate, and when he heard the verdict, became angry and restless. During nearly the whole of the trial he had been
eating - staring impudently about the court - watching the evidence - indulging in sneering laughter; altogether he and his companion exhibited the appearance of being thoroughly depraved villains.

SENTENCE OF DEATH.

The most perfect stillness pervaded the dense masses of human beings in the court room when the officer gave the usual proclamation enjoining silence while the judge pronounced the last sentence of the law. His lordship put on the "black cap" - half-stifled sighs were heard - the two prisoners looked fixedly at the judge, but their courage was now evidently beginning to flag; hope had deserted them, and they were to suffer the just penalty
of their foul and most dastardly crime.
His lordship told them that they had been found guilty, by the verdict of the jury, of the crime of WILFUL MURDER; and it seemed to him impossible that any jury could have found a different verdict. The evidence was clear against them without their confession; but the statements made by them on several occasions entirely removed any shadow of doubt that could have remained in any one's mind. He could not venture, under the awful circumstances
of this case, to hold out the slightest hope of mercy. They must know that their stay here would be but short. Few and fleeting were the moments left for them to take advantage of in preparing for the great change which they would have to experience; and the priests of their religion would attend them to assist in their devotions. He hoped they would be rendered, by sincere contrition and prayer, fit to meet their awful doom. He had then only one solemn
duty to perform - that of passing the sentence of the court, which was, that the prisoners be severally taken from thence to the prison from whence they came; that they be removed thence to a place of execution, and that they be hanged by the neck till their bodies be dead; that their bodies should be taken and buried within the precincts of the gaol in which they had been confined; "and may God have mercy on your souls."
The greatest decorum was observed during this solemn scene, - all was still as the grave.
The prisoner Murphy made two or three endeavours to speak; and, from the broken sentences which were heard, appeared to be animated with fiendish animosity towards all who were concerned in his capture and condemnation. He was removed by the officers of the prison, and yielded passively after a few ineffectual struggles.
Sullivan stepped down at the conclusion of the sentence, and was apparently in a half fainting condition. Evidently he was not the greater villain of the two; but they are both bed fellows.
We have been present at many trials for murder; and have invariably observed that some slight sympathy has broken forth when sentence of death was pronounced; but in this case every one seemed to feel that such murderers, who could treat a poor old woman as they had treated the unfortunate Jane Lewis - whose appearance must have convinced them that she could not have had much money or any other valuable commodity about her - were not fit
to live; and feelings of universal execration will attend their departure to give an account of their actions before a higher and infinitely more terrible tribunal.
It must have been highly flattering to Mr. H.J. DAVIS (of the firm of Messrs. Birch and Davis, Newport), the solicitor who conducted the prosecution, to hear the favourable observations with which Lord Campbell referred to the manner in which the case had been prepared. His lordship's remarks were given most emphatically; and he appeared most heartily to approve of the judicious course taken by Mr. H.J. Davis from the beginning to the end of this important
prosecution.
The Newport police were also particularly commended by his lordship. He said - "I must say that the police have in this case exhibited very great activity, and have behaved with very great discretion. They deserve well of their country; and I shall be happy to avail myself of the power given me by a recent Act of Parliament to award them compensation for their arduous exertions." This is a high compliment to Superintendent ENGLISH, who alone planned the whole
of the police proceedings, and who evinced a degree of tact, perseverance, and indomitable energy which is perfectly surprising.
It may be recollected that on their way to Gloucester, the two murderers assailed an old gentleman named Meredith, whom they beat in a cruel and dastardly manner, leaving him lifeless - but, as they probably believed, dead - in a wood. He yet survives, but his previous many proportions have shrunk into a much narrow compass than they formerly occupied; his stature has been considerably decreased, and he lives a mere wreck. He was dreadfully beaten and kicked,
and then robbed and plundered by the two Irishmen who will shortly expiate their crimes by a violent death on the scaffold. Mr. Meredith says he should not recognise either of them. They went behind him and beat him down to the ground, and then continued their atrocious violence.
Many rumours are current respecting the miscreants; but to insert mere gossip in a case of this nature would be to insult the awful majesty of the investigation of which we were witnesses. One thing has been stated as a fact, that on leaving the dock subsequently to the sentence being passed, Murphy seized his neckerchief and violently twisted it round his throat, till he was quite black in the face. He was promptly secured by the governor of the gaol, when he turned round
to Sullivan, and said, "Many an innocent man has been hanged before us, we could not stand that I know. We would be cut to pieces first."

Source: Cardiff and Merthyr Guardian, Glamorgan, Monmouth, and Brecon Gazette, 10 August 1850, Page 3

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Author of: "Jack the Ripper: The Satanic Team"
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Re: John Francis Shackleton

Post by Karen on Fri 6 Dec 2013 - 17:02

Here are two candidates for John Francis/Frances Shackleton:

1881 census transcription details for:  26, Marshfield Ter, Hook
National Archive Reference:
RG number:     RG11
Piece:     4702
Folio:     48
Page:     10    
Reg. District:     Goole
Sub District:     Goole
Parish:     Hook
Enum. District:    
Ecclesiastical District:    
City/Municipal Borough:    
Address:     26, Marshfield Ter, Hook
County:     Yorkshire (West riding)
Name     Relation     Condition     Sex     Age     Birth Year     Occupation , Disability     Where Born
SHACKLETON, John Frances     Head     Married      M     43     1838     Stone & Shipping Agent
    Southowram, Yorkshire

SHACKLETON, Sarah     Wife     Married      F     44     1837    
    Reedness, Yorkshire
SHACKLETON, Frank L     Son     Single      M     12     1869     Scholar
    Thornton, Yorkshire
SHACKLETON, Mincon     Daughter     Single      F     7     1874     Scholar
    Goole, Yorkshire
SHACKLETON, Lucy     Daughter     Single      F     4     1877    
    Goole, Yorkshire
GREEN, Ann     Aunt     Widow      F     63     1818    
    Elland Lodge, Yorkshire
SMITH, Mary L         Single      F     20     1861     Domestic Servant
    Hook, Yorkshire



and the other is simply John F. Shackleton, living in Shoreditch in 1881:



1881 census transcription details for:  41, Charles Square, Shoreditch
National Archive Reference:
RG number:     RG11
Piece:     393
Folio:     44
Page:     22    
Reg. District:     Shoreditch
Sub District:     Hoxton New Town
Parish:     Shoreditch
Enum. District:    
Ecclesiastical District:    
City/Municipal Borough:    
Address:     41, Charles Square, Shoreditch
County:     London, Middlesex
Name     Relation     Condition     Sex     Age     Birth Year     Occupation , Disability     Where Born
SHACKLETON, Edmond     Head     Married      M     55     1826     Railway Carriers Clerk
    Lancashire
SHACKLETON, Margaret     Wife     Married      F     60     1821    
    Lancashire
SHACKLETON, John F     Son     Married      M     24     1857     Merchants Clerk Out Of Employ
    Lancashire

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Author of: "Epiphany of the Whitechapel Murders"
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Re: John Francis Shackleton

Post by Wally on Fri 6 Dec 2013 - 18:22

Blimey Karen. The Southowram person is interesting as it's only five minutes from where I live. Ha.

The John F Shackleton that is interesting to research was born in Preston, Lancashire. He was 32 or 33 in 1888. He lived in the same lodging house as Eddowes and Kelly. In December 1888, he was taken to London hospital with a severe head injury then discharged in Jan 1889 and locked away in Banstead lunatic asylum where he died late 1889, but that's all I can get on him. 
Intriguing though.
Thanks Karen.

Wally

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Re: John Francis Shackleton

Post by Karen on Mon 9 Dec 2013 - 17:00

NEWS IN BRIEF.

Mr. John Shackleton, of Christchurch, has been admitted as a barrister and solicitor of the Supreme Court of New Zealand.

Source: New Zealand Herald, Volume XXII, Issue 7488, 18 November 1885, Page 6

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