DEPOSITION.

"I was in the duke's household in May, 1810; and on the evening of the

31st, I attended his royal highness to the opera;--this was the evening

previous to Sellis' death. That night it was my turn to undress his

royal highness. On our arriving at St. James', I found Sellis had

retired for the night, as he had to prepare his master's apparel, &c.,

and to accompany him on a journey early in the morning.

"I slept that night in my usual room; but Neale, another valet to the

duke, slept in an apartment very slightly divided from that occupied by

his royal highness. A few days previous to this date, I was commanded by

my master to lay a sword upon one of the sofas in his bed-chamber, and I

did so. After undressing his royal highness, I retired to bed. I had not

long been asleep, when I was disturbed by Neale, who told me to get up

immediately, as my master the duke was nearly murdered! I lost no time,

and very soon entered his royal highness' bed-room. His royal highness

was then standing nearly in the middle of the chamber, apparently quite

cool and composed, his shirt was bloody, and he commanded me to fetch

Sir Henry Halford, saying, 'I am severely wounded.' The sword, which a

few days before I had laid upon the sofa, was then lying on the floor,

and was very bloody. I went with all possible haste for Sir Henry, and

soon returned with him. I stood by when the wounds were examined, none

of which were of a serious nature or appearance. That in his hand was

the most considerable.

"During this period, which was _nearly two hours_, neither NEALE nor

SELLIS had been in the _duke's room_, which appeared to me a very

unaccountable circumstance. At length, when all the bustle of dressing

the wounds (which were very inconsiderable) was over, and the room

arranged, the duke said, 'CALL SELLIS!' I went to Sellis' door, and,

upon opening it, the most horrific scene presented itself: Sellis was

lying perfectly straight in the bed, the head raised up against the

head-board, and nearly severed from the body; his hands were lying quite

straight on each side of him, and upon examination I saw him weltering

in blood, it having covered the under part of the body. He had on his

shirt, his waistcoat, and his stockings; the _inside_ of his hands were

perfectly clean, but on the outside were smears of blood. His watch was

hanging up over his head, _wound up_. His coat was carefully folded

inside out, and laid over the back of a chair. A razor, covered with

blood, was lying at a distance from his body, but too far off to have

been used by himself, or to have been thrown there by him in such a

mutilated condition, as it was very apparent death must have been

immediate after such an act.

"The wash-basin was in the stand, but was _HALF FULL OF BLOODY WATER_!

Upon examining Sellis' cravat, it was found to be cut. The padding which

he usually wore was covered with silk and quilted; but, what was most

remarkable, both THE PADDING AND THE CRAVAT WERE CUT, as if some person

had made an attempt to cut the throat with the cravat on; then, finding

the woollen or cotton stuffing to impede the razor, took it off, in

order more readily to effect the purpose.

"During the time the duke's wounds were being dressed, the deponent

believes Neale was absent, in obedience to arrangement, and was employed

in laying Sellis' body in the form in which it was discovered, as it was

an utter impossibility that a self-murderer could have so disposed of

himself.

"Deponent further observes, that Lord Ellenborough undertook to manage

this affair, by arranging the proceedings for the inquest; and also that

every witness was previously examined by him; also, that the FIRST JURY,

being unanimously dissatisfied with the evidence adduced, as they were

not permitted to see the body in an undressed state, positively refused

to return a verdict, in consequence of which, they were dismissed, and a

SECOND jury summoned and empannelled, to whom, severally, a special

messenger had been sent, requesting their attendance, and each one of

whom was directly or indirectly connected with the court, or the

government. That, on both inquests, the deponent had been omitted, and

had not been called for to give his evidence, though it must have been

known, from his personal attendance and situation upon the occasion,

that he must necessarily have been a most material witness. THE SECOND

JURY RETURNED A VERDICT AGAINST SELLIS, and his body was immediately put

into a shell, and conveyed away _a certain distance_ for interment. The

duke was _privately_ removed from St. James' Palace to Carlton House,

where his royal highness manifested an impatience of manner, and a

perturbed state of mind, evidently arising from a conscience ill at

ease. But, in a short time, he appeared to recover his usual spirits,

and being hurt but in a very trifling degree, he went out daily in a

sedan chair to Lord Ellenborough's and Sir William Phipps', although the

daily journals were lamenting his very bad state of health, and also

enlarging, with a considerable expression of sorrow, upon the magnitude

of his wounds, and the fears entertained for his recovery!"

The further deposition of this attendant is of an important character,

and claims particular consideration. He says,

"I was applied to by some noblemen shortly after this dreadful business,

and very strongly did they solicit me to make a full disclosure of all

the improper transactions to which I might have been made a party upon

this solemn subject. I declined many times, but at length conceded,

under a binding engagement that I should not be left destitute of

comforts or abridged of my liberty; and, under special engagements to

preserve me from such results, I have given my deposition."

(Signed) "JEW."

The fact of _two juries being summoned_ has been _acknowledged by the

coroner_, in his affidavit before the Court of King's Bench in April

last. The affidavit of this gentleman, however, contains so many

_errors_, that we here introduce an exposition of it, as given by the

talented D. Wakefield, esq., in shewing cause against the rule being

made absolute in the case of "Cumberland _v._ Phillips."

"Mr. Wakefield said it would be in the recollection of the

court, that this was a rule obtained by Sir Charles Wetherell,

for a libel contained in a publication relating to his royal

highness the Duke of Cumberland. He would not read the alleged

libel in detail now, but confine himself first to the

affidavit of Samuel Thomas Adams, the coroner who had held the

inquest on Sellis. It was necessary that he should read the

affidavit, as he had to offer several remarks upon it."

The learned counsel then read the affidavit, as follows:

=In the King's Bench.=

"Samuel Thomas Adams of No 9 Davis street Berkeley square in

the County of Middlesex solicitor maketh oath and saith that

he hath seen a certain book or publication entitled "The

Authentic Records of the Court of England for the last

Seventy Years" purporting to be published in London by J.

Phillips 334 Strand 1832 and that in the said book or

publication are contained the following statements or passages

which this deponent has read that is to say--"

[Here the deponent, _lawyer-like_, set out the whole of the pretended

libel, as published in the "Authentic Records," for the purpose of

putting us to all the expense and trouble possible.]

"And this deponent further saith that he was coroner for the

verge of the King's Palace at St. James's in the month of June

one thousand eight hundred and ten before whom the inquest on

the body of Joseph Sellis referred to in the aforesaid

passages extracted from the said book or publication was held

and that it is not true as stated in the aforesaid passages

that Lord Ellenborough undertook to manage the affair by

arranging the proceedings upon the said inquest or that every

witness or as this deponent believes any witness was

previously examined by the said Lord Ellenborough or that the

first jury for the reasons in the aforesaid passages alleged

or for any other reasons refused to return a verdict in

consequence of which they were dismissed and a second jury

summoned and empannelled to whom _severally a special

messenger had been sent_ requesting their attendance and each

of whom was directly or indirectly connected with the court or

the government. And this deponent further saith that it is not

true that any person was omitted as a witness whose evidence

was known or could be suspected to be material but on the

contrary this deponent saith that when the death of the said

Joseph Sellis was notified to him he as such coroner as

aforesaid was required to hold an inquest on the body of the

said Joseph Sellis and that it being required by a statute

passed in the twenty-third year of Henry the Eighth chapter

twelve that in case of death happening in any of the king's

palaces or houses where his majesty should then happen to be

and in respect of which death an inquest should be necessary

that the jury on such inquest should be composed of twelve or

more of the yeoman officers of the king's household to be

returned in the manner therein particularly mentioned he this

deponent in the first instance issued as such coroner as

aforesaid an order that a jury should be summoned composed of

the said yeoman officers of the king's household pursuant to

the directions of the said statute. But this deponent saith

that believing it to be important that the cause and

circumstances of the death of the said Joseph Sellis should be

investigated in the most public and impartial manner _he took

upon himself the responsibility of not complying with the

strict letter of such statute as aforesaid and countermanded

the first order as aforesaid for summoning such jury in

conformity to the said statute and instead thereof directed a

jury to be summoned consisting of persons not being yeomen

officers of the king's household_ but living at a distance

from and totally unconnected with the palace of St. James's

And this deponent further saith that thereupon his agent as

this deponent has been informed and believes took the

summoning officer to Francis Place of Charing Cross man's

mercer and that the said Francis Place then mentioned to the

agent of this deponent the names of many persons fit and

eligible to compose such jury and out of such persons so

summoned by the officer as aforesaid an impartial jury was

formed of which jury the said Francis Place was foreman And

this deponent saith that before such jury so summoned and duly

sworn he as coroner proceeded on the first day of June one

thousand eight hundred and ten to hold an inquest on the body

of the said Joseph Sellis And this deponent further saith that

the court which under other circumstances would have been a

close one he this deponent directed to be thrown open to the

public and all persons without distinction And this deponent

believes the same was done and that all persons without

distinction were admitted into such court amongst whom were

many reporters for the newspapers who attended for the purpose

of taking and did take notes of the proceedings and of the

depositions of the witnesses examined upon such inquest And

this deponent further saith that at the commencement of the

said inquest the several informations on oath of the principal

witnesses taken on that and the preceding day by John Reid

Esquire the then chief magistrate of the police were read over

and handed to the said jury to enable them the better to

examine such witnesses respectively and such witnesses were

respectively resworn before this deponent as coroner and

permitted to make any addition to their evidence so given

before the magistrate as aforesaid and that each and every of

such witnesses had full opportunities of making any addition

to such testimony which they thought proper And this deponent

further saith that all the circumstances of the case as far as

they could be collected were carefully and impartially

scrutinized by the said jury and that all the evidence which

could be collected and brought forward and that every person

was called before the said jury and examined as a witness and

no person was omitted to be called and examined who would

have been or who it could be supposed would have been a

material witness And this deponent further saith that in the

course of the inquiry the said jury proceeded to the apartment

where the body of the said Joseph Sellis had been first

discovered and was then lying and did then carefully view

examine and inspect the body of the said Joseph Sellis and all

the other circumstances deemed by them necessary to be

examined into and ascertained in any way touching the death of

the said Joseph Sellis And this deponent further saith that he

locked the doors of the apartment in which the body of the

said Joseph Sellis was found and did not permit the same to be

inspected nor the state and position of the said body to be

disturbed, from the first discovery of such body in the

aforesaid apartment until the same was inspected by the said

jury And this deponent further saith that on the conclusion of

the investigation the said jury immediately and unanimously

returned a verdict that the said Joseph Sellis voluntarily and

feloniously as a _felo de se_ murdered himself And this

deponent further saith that the proceedings upon the said

inquest were in all respects regular _except_ as to the jury

not consisting of the yeoman officers of the king's household

and that such proceedings were themselves conducted in the

most fair open and impartial manner and that the verdict so

found by the jury as aforesaid was a just true and honest

verdict and that there is not the smallest ground for

supposing or alleging any thing to the contrary

thereof[192:A]

"SAM{L}. THO{S}. ADAMS."

"_Sworn in Court the eighteenth

day of April 1832--By the Court._"

[192:A] Whatever our readers may think of this jumble of

words, we assure them it is _verbatim_ from the ORIGINAL

affidavit, which is WITHOUT POINTS, as lawyers consider such

matters unnecessary.]

"The first remark he had to submit to the court in this case

was, that a person who applied for an extraordinary remedy by

criminal information, must deny all the charges contained in

the libel. The rank of the illustrious individual in this case

made no difference with respect to that point. Now the court

would find, by the affidavit of Mr. Adams, the coroner, that

one of the main parts of this alleged libel, so far from being

contradicted, was SUBSTANTIATED,--he alluded to the fact of

there having been TWO JURIES summoned to inquire into the

circumstances relating to the death of Sellis. He did not mean

to say that that fact formed any justification for the

publication of the libel; but the fact itself was certainly

extremely important, and Mr. Adams' affidavit contained the

reasons why the mode pointed out by the act of parliament for

summoning juries in such cases had been departed from. The

fact of there having been two juries summoned was no doubt

sufficient to induce any person to believe that there was some

reason for that proceeding, which was not apparent on the face

of it. Mr. Adams had described the manner in which the jury

were summoned. He said he sent the summoning officer to Mr.

Place, man's mercer, of Charing-cross; but Mr. Place was not

the coroner for the verge of the King's Palace, and had no

authority to act. He would leave it to the court to form their

own opinion, whether or not this departure from the usual

course was or was not for the purpose of obtaining an

IMPARTIAL TRIAL. The affidavit showed that Mr. Adams had flown

in the face of the act of parliament, and the statement in the

Authentic Records, that there had been a second inquest, was

CORROBORATED by that affidavit. Mr. Adams had referred to the

act of parliament, as being that of the 23rd of Henry VIII.,

whereas it was that of the 33rd of Henry VIII.: that was no

doubt a trifling circumstance, but it tended to show the

manner in which Mr. Adams performed the duties of his office.

Mr. Adams had stated that summonses had been drawn up for

summoning TWO JURIES, but those for summoning the FIRST were

not used; but the reason he gave was most unsatisfactory. He

had no right to send to Mr. Place, and Mr. Place had no right

to act as coroner; and he (Mr. Wakefield) submitted that the

court ought to require an affidavit from Mr. Place to

corroborate what Mr. Adams had stated. He believed it would

not be difficult to show that the inquest might be quashed, as

being illegal; and it certainly might have been quashed if

Sellis had had any goods, which would have been subject to an

extent at the suit of the crown. At all events, Mr. Adams

might have been prosecuted for a breach of duty. There was

another point which, though of a trifling nature, he would

take the liberty of adverting to, in order to show that the

inquest was illegal. By the 28 Henry VIII. c. 12, the jury in

cases of this description were to be summoned from the verge

of the court. Now this applied to the court sitting at

Whitehall; but at the time in question the court was sitting

at St. James'. The summoning, therefore, was clearly not good,

and the jury, consisting of Mr. Place's junta, could not

legally hold an inquest on the body of Sellis."

Four other mistakes, also, in the coroner's affidavit were pointed out

by _Mr. Place_ himself in a letter to the public.

1. Mr. Adams says, "he issued an order to summon a jury of

persons of the king's household, but that he rescinded the

order, and summoned a jury of persons who lived at a distance,

and were wholly unconnected with St. James' Palace." Mr. Adams

must by these words mean that he summoned a jury from the only

place to which his power extended; namely, "the verge of the

court,"--a small space, and from amongst the few tradesmen who

resided within its limits. _I never before heard that he had

issued any order to summon a jury of persons of the king's

household._

2. Mr. Adams says, that his "summoning officer applied to

Francis Place, of Charing Cross, for the names of persons who

were eligible to compose a jury, and that out of such persons

an impartial jury, of which Francis Place was the foreman,

assembled on the 1st of June, 1810." Mr. Adams probably speaks

from memory, and is, therefore, incorrect. He might, to be

sure, have instructed his officer to apply to me; but, if he

did, it was a STRANGE PROCEEDING. The officer was in the habit

of summoning juries within the verge, and must have known much

better than I did who were eligible. The jurors could not have

been indicated by me, since, of seventeen who formed the

inquest, five were wholly unknown to me, either by name or

person; and amongst the seven who did not attend, there were

probably others who were also unknown to me. The number of

persons liable to be summoned is so small, that it has been

sometimes difficult to constitute an inquest, and there is no

room either for choice or selection.

3. Mr. Adams says, "the depositions of the witnesses were

taken by John Read, the then chief police magistrate, and were

read to the witnesses, who were severally asked if they had

any thing to add to them." This, if left as Mr. Adams has put

it, would imply negligence on the part of an inquest which was

more than usually diligent and precise. The depositions were

read, but not one of them was taken as the evidence of a

witness. Every person who appeared as a witness was carefully

and particularly examined, and the order in which the evidence

was taken, and the words used, differ from the depositions;

the evidence is also much longer than the depositions. Both

are before me. The inquest examined seven material witnesses,

who had not made depositions before Mr. Read.

4. Mr. Adams says "the jury _immediately_ and _unanimously_

returned a verdict that the deceased, Joseph Sellis,

voluntarily and feloniously murdered himself." The jury of

seventeen persons were every one convinced that Sellis had

destroyed himself, yet two of them did not concur in the

verdict,--one, because he could not believe that a sane man

ever put an end to his own existence; and another, because he

could not satisfy himself whether or no Sellis was sane or

insane.

Secret History of the Court of England, from the Accession of George the Third to the Death of George the Fourth, Volume 1 (of 2) Including, Among Other Important Matters, Full Particulars of the Mysterious Death of the Princess Charlotte · 第 44 / 67 题