forward to the school every morning and night, and comes home to his
meals. The prisoners are his father and mother. In August last was
living in Goodman's-yard, Whitechapel, in a single room, the garret.
Previously lived in Red Lion-court, in the same neighbourhood. Knows
Ann Butin; has seen an old woman, a relation of hers, in her company;
believes the old woman used to sleep with Ann Butin. The old woman
used to carry a basket about the streets with matches in it. On a
Friday in August witness saw the old woman in his father's room. Does
not know the day of the month; remembers Ann Butin coming to inquire
at his father's house; thinks Ann Butin came on the same day as the
old woman; first saw the old woman in the afternoon at five, after
returning from school; does not know whether the old woman had been in
the house before. Witness's mother and father were in the room with
the old woman. They were drinking beer, and some coffee was made about
nine o'clock. The usual time of taking coffee or tea at home was five
or six o'clock. The old woman took one cup of coffee, and afterwards
went and laid herself on the bed. Did not notice whether she went to
sleep or not. In about half an hour after saw his mother go towards the
old woman, and clap her hand on her mouth, and keep it there, perhaps
for half an hour. She put the other hand somewhere about the chest. His
mother leaned over the woman at the time. Witness observed the woman's
eyes rolling--he believed after this his mother took her hands off.
He was certain it was when his mother took her hands off. Never saw
the old woman speak or move after. Has seen two or three dead persons;
the old woman appeared to him to be dead. Believes his father went
to the window before his mother went up to the woman. The window was
opened by his father, he believed, after the drinking of the coffee.
Whilst witness was looking at his mother, he could also see his father.
Witness had his back to the fire, and the window opposite him. The bed,
which was not very high from the ground, stood between the fire and
the window. Heard his mother say something about an hospital; does not
know whether she spoke to the old woman or his father. Neither of them
gave any answer. Did not hear his father say anything in the course of
the evening. His mother carried the old woman out of the room, like
a baby in her arms. His father came round the bed to the fire, about
half an hour before his mother carried the old woman away. Witness
went to bed about twelve o'clock, and did not see his mother any more
that night. He awoke in the night and heard some screaming, but would
not say whether this occurred on Friday or Saturday. He rose at seven
o'clock. Saw his mother in the room, but does not recollect having
seen his father. About five minutes before eight o'clock went down to
the cellar. Some person had told him that there were ducks there, and
went to look for them. Went to the part of the cellar where the stairs
stand; it is rather darker there than in the other parts. There is a
corner over which the stairs ran. Witness saw a sack in the corner, and
some hair hanging out of it. The sack appeared to be tied round the
top with some string, but not tied close. The hair was black and grey.
Saw his mother take a sack from under the bed; but is not sure whether
that day or afterwards. Believes the sack he saw in the cellar was
the same. On Saturday night saw his mother going down Goodman's-yard,
between eleven and twelve o'clock. She was carrying a sack across her
shoulders, with something apparently in it.
Cross-examined.--Witness was twelve years old last Christmas. Continued
to attend the charity-school daily until November. Since being taken
into custody, has continued at the House of Correction. Has not been
questioned, respecting this matter, by any other person, excepting his
schoolmaster, and Hawkins, and Steward, two prisoners. Believes no
one else has examined him, excepting Mr. Lea, the officer, who asked
him a few questions. Has been examined by four or five persons in a
private room in the police-office. Cannot say how he recollected that
this affair took place on a Friday in August. Never mentioned this
matter to any person living in the same house. Does not know whether
he had spoken on the subject to any person, previous to being taken
into custody. Went to the school on Saturday morning, after having
been in the cellar. Saw no other person in the room on Saturday, but
his father and mother, and the old woman. Believes his mother fetched
the coffee. Witness drunk a little white mugfull. Believes the old
woman took a cupfull, but is not sure whether she took any. Does not
recollect speaking to his father at all. Next morning witness went to
the cellar for the purpose of using the privy, but did not use it. The
place where the sack lay under the stairs was darkish, but positively
swears that he could not see that the hair protruding from the sack was
black and gray. He does not know where he was when he saw his mother
carrying the sack in Goodman's-fields; but he believes he was at the
window of his room, which was three stories high, and the hour was
eleven at night.
Cross-examined by Mr. CHURCHILL.--The cellar and privy were common to
every person lodging in the same house. Did not examine the sack.
Re-examined.--Witness would not have seen the sack, if he had gone
direct to the privy and back. The cellar is lighted by a window, which
had a shutter to it. Thinks that the shutter was open when he went into
the cellar.
Mr. Justice PARKE.--Did you not tell Mr. Lea, that you had all of you
bread and cheese for supper that night?
Witness.--Does not recollect saying that; thinks he said coffee. Does
not recollect saying to Lea that he went to bed at eight o'clock, nor
that they all went to bed at that hour. Does not recollect saying that
his father came to bed to him, and that the old woman made her bed in
the corner. When his mother had her hand on the old woman, he thinks
that the countenance of the woman appeared brown and yellow.
[Illustration: _Elevation of Eliza Ross's House. Goodmans Yard._]
[Illustration: _Plan of the Attic in which Eliza Ross lived._
_1 The Bed._ _2 The Window._ _3 The Fireplace._ _4 The Table._]
Mr. Justice PARKE.--You said that you had seen dead bodies before this
Friday. Where did you see them?
Witness had seen two children, neighbours, lying dead.
By Mr. Justice JAMES PARKE.--Saw no difference in the appearance of the
woman's countenance before or after the coffee. Witness did not use the
privy when he went into the cellar, and thinks he told the magistrate
so. Thinks he has given a different account of this occurrence before.
Thinks he told the magistrate that the woman was alive on Saturday
morning. He said so because he did not like to tell the truth.
Mr. HENRY REYNOLDS.--Is a surgeon living in Prescott-street. Has heard
the account given by the preceding witness of the manner in which the
old woman was treated. Such treatment was sufficient to cause death by
suffocation. The motion of the eyes might be produced by suffocation.
It is generally the last motion of life.
Cross-examined by Mr. CHURCHILL.--It is not a matter of course that
there would be a change of countenance after suffocation: that is a
circumstance modified by age. Generally speaking, a change takes place.
A plan of the room and cellar was handed to a surveyor, who swore that
they were correctly drawn. The room was eleven feet eleven inches from
the fire to the window, and lengthways thirteen feet. The bedstead in
the room was six feet long and four feet two inches broad. The light
thrown into the cellar by the window was obstructed by the stairs.
On cross-examination, the surveyor stated, that the place under the
stairs was darker than in other places; but after being in the cellar,
the eye became accustomed to the place, and could distinguish any thing
lying under the stairs.
EDWARD COOK was recalled, and, in answer to a question, stated that he
did not suspect what his mother was doing when she placed her hand
on the old woman. Did not see his mother take any clothes off the
old woman. Heard his mother say something about some hospital; but
does not know what. Said before the magistrate, that his mother told
him herself, on Sunday morning, that she took the body to the London
Hospital. Witness still declared that his mother did tell him so on
Sunday morning.
ELIZABETH JONES.--Is the wife of George Jones. In August last kept a
house in Goodman's-yard, in which the prisoner lodged. The privy, in
the cellar, was not much frequented, on account of the great number of
rats. There was another privy, not in the cellar, which was used by
the inmates. The window of the cellar was generally opened about seven
o'clock. Remembers an old woman coming to the house, at ten o'clock,
on the 19th of August. She was a tall person; but witness did not see
her face. She had on a dark stuff gown, a light blue shawl, and a black
willow bonnet: her feet were through her stockings, and she wore shoes.
Witness, on her first examination, described the shawl to be an old
dark one; but upon recollection, knows that the colour was light blue.
Witness took particular notice of the woman, on account of her looking
poor. Supposed that she had come to lodge in the house, in consequence
of her carrying a bundle. Everything behind the woman appeared tidy,
but witness did not see her face. Afterwards saw Mrs. Butin--thinks the
next morning; Mrs. Butin came to inquire after her grandmother.
Cross-examined by Mr. BARRY.--Witness slept at home on Saturday, the
20th of August.
ANN BUTIN.--Is a married woman. Her husband travels in the country.
In August last had a grandmother of the name of Caroline Walsh. She
was sixty-four years of age, and very tall. She was a robust and
hearty woman. Witness had only known her to be ill one week during
the last six years. She lodged with witness in July last, and got her
living by selling tapes and laces, which she carried in a basket. She
was very cleanly in her appearance. She last saw her on the 19th of
August. She then wore a dark gown and light blue shawl, with part of
the colour washed out; also a black willow bonnet, broken in the crown,
and pinned with two pins. Her petticoat was made of figured stuff. It
had the pattern of a leaf. She had an old shift, very much pieced, but
of a good colour, also a pair of grey worsted knit stockings. Witness
knitted those stockings, which were quite different from what are sold
in shops. They were very much broken at the heel, and had been mended.
She had on a small pair of men's shoes, which were too large for her,
and by slipping wore out the stockings at the heel. Shortly before
the 19th of August witness had obtained a lodging-for her grandmother
at Mrs. Shaw's. Witness made a pocket for her, which she wore on the
19th of August. Witness saw her grandmother on the 19th of August,
about twelve o'clock in the day. Saw her again at five o'clock, in the
street, and then found out that she was going to Cook's. On that day
witness had called at Cook's at twelve o'clock. Saw a bundle tied up
in the room, and found it to contain her grandmother's nightgown and
night-cap, small mattress, a rug and sheet. Knows it was the 19th of
August, because that was the day on which her sister's child went to
nurse. Saw the boy Cook there. He was in the daily habit of seeing
her grandmother. Left a message with the boy for her grandmother. At
five o'clock met her grandmother in Cutler-street, and was angry with
her for going to Cook's. Had tried to persuade her not to go there.
Appointed with her to call at Cook's next morning, and told her not to
go out till witness came. Her grandmother agreed not to go out. Mrs.
Cook had frequently said that she wished witness's grandmother to come
and lodge with her. She was very inquisitive. The prisoner knew her
to be the granddaughter of Mrs. Walsh. Has never seen her grandmother
since the time she parted from her in Cutler-street. Has a sister
named Lydia Basy. At nine o'clock went to Mrs. Cook's. Saw the female
prisoner in the room. Witness asked her where the old lady was; the
prisoner told her that she had just gone. Witness said that she was
very much surprised, as her grandmother expected her. Prisoner replied
that the old lady had told her so; that she had gone out soon to be
soon home, and that they all had a jolly good supper. Witness observed,
that she was very glad they had enjoyed themselves, and should take
the liberty of asking what they had. The prisoner answered, that they
had potatoes and meat, and Cook went out to get something short, to
make the old lady comfortable; that Cook seemed very partial to the
old lady, and that she slept on the bedstead last night. Witness said
that she was very much surprised, as her grandmother had her own bed
to sleep on, and had never been in the habit of sleeping with any
other person. Witness observed the bundle in the room lying in the
same state in which she had left it. The prisoner said that Cook had
doubled up that piece of sacking to put the old woman in last night.
There was a coarse piece of sacking in the room. Witness expressed her
surprise, and asked what she meant. The prisoner replied, that Cook
doubled it up, and put it underneath the old woman. The prisoner also
said that the old woman had got no shift on; but if witness brought
one, she would wash it for the old woman. Witness said that she did not
think her grandmother wanted a shift; but if she did, witness offered
to give her one. A week before, witness had given her a clean shift
and clean cap. Witness asked the prisoner how she came to know that
her grandmother had no shift? and said, 'You must have examined her
person very close to know that.' The prisoner afterwards said, that
witness had a coffee-pot, a frying-pan, and a tub, to give to the old
woman. Witness said she would give them to her grandmother when she
saw her. Witness and the prisoner then went to Bishop's, a gin-shop,
at the corner of Goodman's-yard. They drank some gin and beer. Witness
began again to talk of her grandmother. The prisoner observed, 'From
what you say, you seem to think that we have murdered the old woman.'
Witness said, 'I hope not.' The prisoner repeated, 'From what you say,
you think we destroyed her at our place.' Witness said, 'Mrs. Cook,
you put the words in my mouth; what I suspect I don't say now, but
you shall know of it hereafter.' Prisoner wanted witness to go to her
house to have something to eat. Witness refused: but prisoner asked
so often, that witness gave her threepence-halfpenny to fetch a loaf
and cheese, and promised to take some of it in the public-house. The
prisoner went away, and never came back. Witness waited two hours in
the public-house, and then went searching for her grandmother for about
three quarters of an hour. Witness afterwards pledged a gown, in the
name of Welsh, at a pawnbroker's, named Austin. Witness returned to
Cook's lodgings about five or six o'clock; both prisoners were present.
Witness asked whether the old woman had come home yet. The female
prisoner gave no answer to the question; but put up her hand, and told
her not to speak. The male prisoner had gone to the window, and this
sign was made behind his back. The female prisoner then said softly,
'You must not tell Cook that I was in your company to-day.' The male
prisoner in a few minutes after went down stairs. The female prisoner
then told witness, that Cook had beaten her most unmercifully.--(She
had marks of having been beaten.) The prisoner said that Cook had
beaten her for having gone out with her; that Cook had said she had
no business to go out looking for the old lady. Witness went several
times to Cook's, to inquire for her grandmother; also went to the
hospitals and poor-houses, and found nothing of her. Mrs. Cook went
with her to one of the poor-houses. On the Monday night saw the man
Cook at his house, between six and seven o'clock. The female prisoner
was present at the time. Witness told them what she had been doing;
and the man said that she had better wait till the month was up, and
it was very likely that she might hear of her grandmother, dead or
alive, then. The female prisoner asked witness several times to stay
all night. The husband could hear what the woman said. The female
prisoner said that she (witness) must be tired, and that she might
sleep on her grandmother's bed; and perhaps, while she stopped there,
her grandmother might come home. Witness replied, that she had her
sister's house to go to, and did not wish to stop at Cook's. Witness
made some complaint to the police-office; but it was not till October
that Lea, the officer, took up the matter. When the prisoners were at
Lambeth-street police-office, witness heard the female prisoner say
something about 'hot and cold.' What the prisoner said was heard by the
magistrate.
Cross-examined.--While her grandmother was living at Shaw's, witness
was in the habit of seeing her every other day. The female prisoner
told witness that Cook had beaten her unmercifully for going out and
getting drunk with her.
WILLIAM AUSTIN.--Is a pawnbroker, living in Houndsditch. He received a
gown in pawn, in the name of Welsh, on the 20th of August.
JOHN DRAPER deposed that he took the child of Mrs. Butin's sister to
Norwood to be nursed, on the 19th of August.
LYDIA BASY.--Is Mrs. Butin's sister. On the 19th of August went with
her grandmother (Mrs. Walsh) between six and seven o'clock, to Mrs.
Cook's room. It was on the same day that her child was taken to
Norwood. Her grandmother wore a black willow bonnet, rather broken
on the top, a blue shawl with a border, and the colour rather washed
out, a black stuff gown, a purple-figured stuff petticoat, a pair of
grey knitted stockings, and a pair of men's shoes, of a small size.
Witness had a child in her arms when she accompanied her grandmother
to Cook's. As they were going there, her grandmother put her hand into
her pocket, and gave the child a biscuit. Her grandmother in doing so
lifted up her petticoat, and witness saw the pocket. Witness's sister
made the pocket. There was an iron-mould on the pocket, and a stain on
the shoulder of the shawl. Witness left her grandmother at the door of
Cook's room; and she had at that time her basket in her hand.
Cross-examined.--Witness's grandmother had never, to her knowledge,
been a pauper in a workhouse. Never gave information to the magistrates
of the absence of her grandmother.
Mrs. BUTIN recalled, and deposed that she gave information of the
absence of her grandmother at the Mansion-house, about a week after the
19th of August.
---- LEA.--Is an officer at Lambeth-street. In consequence of
information he received, he went, on Friday, the 28th of October, to
White Horse-court, where the prisoners had removed to. He saw the
female prisoner coming out of the court, and witness followed her to
Rosemary-lane. Mrs. Butin was with the witness, and pointed her out
to him. Witness went up to the female prisoner, and told her that she
must go before a magistrate respecting an old woman. Then prisoner
said, 'that the last she saw of her was on Saturday morning (witness
had not previously mentioned the name of any person); that the old
lady had given her some halfpence to buy sugar: that she had given the
old lady her breakfast before her husband came home, that he might not
know it. Witness asked at what time Cook got up? The prisoner replied,
between four and five o'clock. She then said, 'Have you got Cook?'
Witness asked her where Cook was. She answered, at a tea warehouse at
St. Katharine Docks. Witness asked the prisoner at what time she went
to bed on the Friday night? She replied, that they all went to bed at
nine. Witness inquired what they had for supper? She said, cold meat
and coffee. As they were going along, Mrs. Butin asked what they had
done with the old woman? She observed, that if she had done anything
with her, God burn her soul in h--l's flames; and added, that after
giving the old woman her breakfast, she went out and left her and
Cook smoking by the fire; and that when she returned she found the
room swept up, and the old woman gone. Witness afterwards went to St.
Katharine Docks with Mrs. Butin, and called the male prisoner out.
Witness pointed out Mrs. Butin, and the prisoner acknowledged that he
knew her. Witness told him he must go before a magistrate respecting an
old woman who was missing. The prisoner said, 'Very well; it is very
proper that it should be inquired into;' he admitted that the old woman
was in his room on the Friday night, and said, that she made her bed
in the corner of the room. Witness asked at what time he went to bed?
He replied about a quarter past eleven o'clock. Prisoner added, they
had hot meat and tea. He said, that he saw the old woman at breakfast
next morning: he had got up early to go to look for work, and returned
about seven o'clock, but he did not recollect whether the old woman
was gone before or after he returned. Witness went and apprehended the
prisoner's son. The prisoners were confined in three separate cells. A
conversation took place between them while so confined. The woman began
the conversation. She called out, 'Ned! ask little Ned who told him
to say what he has been saying about me?' The man then called to the
boy, 'Ned, your mother wishes to know who told you to say what you have
about her?' The boy answered, 'Nobody.' The man returned the answer to
the woman. She again said, 'Ask Ned how he came to say what he has?'
The question was repeated by the man; and the boy called out aloud,
'Why, because she did it.' The woman then said, 'Oh! that we should
have to suffer for what we know nothing about.' The man said, 'God
knows that I had no hand in it; never mind, there is nothing in this
world that we should wish to live for; there will be forgiveness by
God at the last moment.' That was the whole of the conversation which
took place at that time. On other occasions, the male prisoner said
to witness, 'You have had a great deal of trouble about this affair;'
and the woman added, 'With all your trouble you have not found the old
woman's body yet. All the things which I have sold, the granddaughter
brought in a bundle to me.' She said, that that was the old woman
(alluding to Mrs. Walsh) who had been taken to Bethnal-green workhouse.
He also deposed to having found upon the premises, certain fragments
of black stuff, which there was reason to believe had formed part of
the apparel which had been worn by the deceased. The discovery was
made nearly a month after the prisoners themselves had been taken into
custody. He also described at length the depositions of the boy after
his apprehension, which did not differ in any material particular, from
those which were elicited at his examination in the police office.
MARY LABEL, a clothes-woman in Rosemary-lane, (Rag-fair) proved that
the female prisoner had offered her various articles of wearing
apparel, immediately subsequent to the date of the murder, and more
particularly a pair of home-made lead-coloured worsted stockings, much
darned in the heel, which she purchased for fourpence. Stay-laces,
a plum-coloured petticoat, a cap, and a shawl, were among the items
enumerated. Some were purchased by witness, and others by neighbouring
dealers in a similar line of business. The prisoner testified great
apprehension lest the goods which she offered for sale, should be seen
at the time by any one but the purchaser.
SARAH COTTON, HANNAH CHANNEL, CELIA BURKE, WILLIAM THOMAS ELDER,
MARY HAYES, SARAH BRADLEY, MARY GOLEBURGH, and ELIZABETH DUNHAM,
respectively corroborated the testimony of the former deponent, all of
them earning their livelihood by following the same vocation.
The articles purchased were then produced and identified by the
granddaughter, as having constituted part of the personal property of
the deceased.
At this stage of the case the counsel for the prosecution called a
number of witnesses, for the purpose of showing that one Caroline
Walsh, who died a pauper in the London Hospital at the period of the
murder, was not the one suspected to have been destroyed by those
described in the indictment.
JOHN SKEIG, a parish beadle, stated in evidence, that he found, on
the 20th of August, an Irishwoman, named Caroline Walsh, lying on the
steps of a hall-door in London-street, Fenchurch-street, apparently so
exhausted by sickness and distress, that he resigned her to the care of
the superintendent of Hoxton Workhouse, not being able to discover the
residence which she mentioned to him as her temporary address.
The surgeon and several nurse-tenders in that establishment deposed,
that the old woman so confided to their care, was in a state of such
squalid filth and nastiness, that it was found necessary to dispose
of all her raiment, by depositing it in the burying-ground. It was
also ascertained that her hip-bone was fractured, whereupon she was
transferred as a patient to the London Hospital, and shortly afterwards
expired.
A professional gentleman and one or two domestics in that institution
described minutely her personal appearance, which did not at all
correspond with that of the deceased Caroline Walsh. The one was found
in a state of loathsome squalidness, whereas the other was particularly
cleanly and neat in her appearance. The one wanted her fore teeth,
whereas those of the other were wholesome and un-decayed. The feet
of the pauper were deformed by bunions and such-like excrescences,
but the female supposed to have been murdered was entirely free from
such a defect. The one was about sixty years of age, and the other
upwards of eighty; and, to leave no doubt whatever upon the subject of
identity, the body of the pauper was disinterred in the presence of the
granddaughters, who, at once, denied that it bore any resemblance to
that of their relation.
The case here closed on the part of the prosecution.
The prisoners, on being called on for their defence, severally put in
written papers, asseverating their innocence of the crime with which
they were charged, and maintaining that the evidence of their son was a
tissue of unnatural and nefarious falsehoods.
Mr. Justice PARKE then proceeded to address the Jury, and summed up the
whole of the evidence, having previously explained the state of the law
affecting accessories and principals as it applied to cases of murder
generally, and more particularly to that which it was their duty to
decide upon.
The Jury retired for half an hour, and returned a verdict of _Guilty_
against the female prisoner, acquitting her companion, who was detained
for the purpose of being indicted as an accessory after the fact.
The woman was immediately sentenced to death by the Recorder, and
ordered to be executed at the usual hour on the following Monday. She
did not testify any such emotion as might have been expected, but
persevered in protesting her innocence, without, however, offering
any plea for the postponement of the execution of her sentence. This
wretched woman is Irish, if we may judge by her accent, and her
paramour is apparently a native of the metropolis.