LEICESTERSHIRE SUMMER ASSIZES - 1856

THE QUEEN on the Prosecution of

FREDERICK GOODYER

- against -

WILLIAM BROWN

alias Peppermint Billy

For MURDER


BRIEF for the PROSECUTION

Mr. Cockle

with you Mr. Mellor

10 Gns.

Verdict - Guilty

Sentence - Death

 

 

10. 10. 0

Retainer 1. 1. 0

Consultation 2. 2. 0

For Mr.Cockle 13. 13. 0

I.S. 14/7/56 9. 9. 0

 

OLDHAM

MELTON MOWBRAY


LEICESTERSHIRE ASSIZES

14th JULY 1856

Before Jervis, L.C.J.

Mr. Mellor states the case for the prosecution

CASE

THE PRISONER is Indicted for that he the said William Brown alias "Peppermint Billy" on the 19th day of June last at the Parish of Melton Mowbray in this County did feloniously and of his malice aforethought kill and murder one Edward Woodcock and also for that he the said William Brown did then and there feloniously and of his malice aforethought kill and murder one James Woodcock contrary to the Statute in such case made and provided. He also stands Committed by the Coroner’s Inquisition for the same murders. The Prisoner who is a native of Scalford a Village three miles from Melton Mowbray is a desperate character, and his Father and all his family are bad characters; two of the Prisoner’s Brothers are now undergoing a sentence of Transportation for Horse Stealing and the prisoner has been convicted of Felony as follows: 1st at the Leicestershire Michaelmas Sessions 1837 2nd at the same Sessions 1840 3rd at the Leicestershire Epiphany Sessions 1843 and at these Sessions he was ordered to be Transported beyond the Seas for the term of Ten Years: from that time nothing is known of him until his return to the London Docks in a Vessel from Van Dieman’s Land at the latter end of the month of May last, on board of which Vessel the Ship’s Carpenter, Thomas Sarah, a Witness who will be called, heard him on two occasions say (alluding to his returning from Transportation) "Thank God we are getting pretty near home - I will have my revenge and then be off again, and I will murder the person who sent me". Sarah heard Prisoner make use of these observations on two distinct occasions. Edward Woodcock was an old man aged about 70, and Collector of Tolls at a Toll-Gate on the Turnpike Road leading from Melton Mowbray to Grantham. The Toll Gate is situate about a Mile from Melton Mowbray (see plan) and James Woodcock his Grandson resided with the old man and they both slept in the same bed in a room adjoining the House Place and on the same floor. When parties using the road wish to pass the Gate in the night time it is the custom for them to call out "Gate" when the old man would get out of bed with his Shirt on, put on his Stockings and an old Flannel Coat, unlock the House-door proceed to the Gate, unlock that and let the parties through, then relock the Gate and House-door and return to bed; the little boy meanwhile remaining in bed, in fact the Boy was there only as company for the old man and not for any Services which he could perform. It will be seen from the plan that the Toll Gate stands lonely, no Dwelling being nearer than 280 Yards, and the murders are believed to have been committed as follows: That the Murderer went to the Toll-Gate in the middle of the night on the 18th June last, that he called out "Gate", that the old man got up, put on his Coat and Stockings and opened the House Door, and as soon as he had done so the Murderer entered the House and immediately shot him, the Ball entering his Breast and passing quite through his Body and also the Coat the old Man had on. There appears but little doubt this was the fact as the Ball could not have passed through the Coat and have been found a distance from the place where the old man was lying dead unless he had been at the time in a somewhat upright position. The Murderer no doubt imagined that the shot would prove fatal immediately, but not so, the old man was a very stout powerful man, and (the ball not passing through any immediate vital part) he grappled with his Assailant which caused him (the Assailant) to drop the pistol upon the floor of the House, where it was found, and resort to a Knife which in taking from his pocket, it is presumed, he at the same time took out and dropped upon the floor a Tobacco-stopper of a peculiar description (probably not knowing he had done so). After commencing with the Knife, it seems (there being 12 cuts upon the old man) that the scuffle must have lasted several minutes and that the little boy being in bed in the next room and hearing and probably seeing what was going on called out with all his might for assistance, and that the Murderer after dispatching the old Man went to the boy, and, fearing identity, or that he had by his cries, or would do so immediately afterwards if the Murderer left him, cause such an alarm and fresh pursuit of the Murderer as would lead to immediate detection; he therefore nearly severed the boy’s head from his body upon the bed where he was lying which instantly silenced him. There were also two other cuts in the boy’s side through which his liver and intestines protruded. The motive appears to be the most difficult matter to prove. The prisoner said to one of the Witnesses (Reed) the day before the occurrence, that Old Woodcock was a "snot-pot" for refusing him a drink of water at the Toll Bar the day before (Tuesday). Nothing was missed from the premises, but still there appears little doubt plunder was the Murderer’s object. A Toll Gate is a place where money is constantly being received and money is always upon the premises, but that what with the strong and determined opposition he met with from the old man and the boy calling out, and also the old man calling out for assistance, and also that the pistol shot was no doubt fired at the commencement and might be heard for a long distance, and that somebody or something was heard or imagined so to be, the Murderer hastily decamped without any booty, leaving behind the pistol and the Tobacco-stopper, which he would not have done if it had not happened something after the manner before set out, as he must have known that the finding of those articles in the House would be certain to furnish a strong clue to his apprehension and detection. As regards fixing the crimes upon the prisoner, it will be gathered from the evidence as follows:

PROOFS

ALFRED ROUTEN will prove as follows: I am a Baker residing at Asfordby near Melton Mowbray. Early on Thursday morning the nineteenth of June last I left Asfordby with a Horse and Cart to go to Grantham; the way to Grantham leads through the Thorpe Toll-Bar in the Parish of Melton Mowbray. I arrived at the Thorpe Toll-Bar about twenty minutes after four o’clock. I shouted "Gate" twice and no one coming I got out of the Cart and observed the Door of the Toll-House a little open and I saw the body of a Man lying on the floor in a pool of blood, dead. I ran up to Thorpe and went to the first house in the Village and called up a man named Bishop. I said to him "The poor old Toll-Bar man lies dead". I then went to Clayton the Parish Constable and told him what I had seen at the Toll Bar.

Mr. JOHN CLAYTON will prove as follows: I am the Parish Constable of Thorpe Arnold. On Thursday morning the nineteenth of June last about half past Four o’clock I was called up by a Baker from Asfordby he said I must get up immediately as the Toll-Bar man lay dead in the house. The Toll Bar is situate about a quarter of a mile from my house. I immediately went to the Toll Bar and found the Door partly open and Edward Woodcock lying dead in a pool of blood on the House floor. His face and neck were all over blood and several cuts upon him, there was also what appeared to be a pistol-shot wound in his breast. I went into the adjoining Room and saw the body of a little boy named James Woodcock who resided with old Woodcock at the Toll-Bar - he was dead and lying upon his face on the Bed. I observed his throat was cut and his head nearly severed from his body and there were also two cuts on his loins. I found a pistol lying on the floor of the House close to the body of the old Man. There was a quantity of Blood on the Pistol. I also found a Tobacco-stopper on the House floor near the door. I gave the same Pistol and Tobacco-stopper to Condon the Police Constable. The Pistol and Tobacco-stopper now produced by Condon I make no doubt are the same.

THOMAS LEONARD BARBER BARWIS will prove as follows: I am a Member of the Royal College of Surgeons, London and assistant to Mr. Nathaniel Whitchurch of Melton Mowbray, Surgeon. In consequence of what I was told I, on Thursday morning the 19th June last, about a quarter before six o’clock went to Thorpe Toll Bar. I there found the body of Old Woodcock lying on the House Floor, he was lying on his left side with his head nearest the door, he was quite dead and nearly cold. His face was covered with wounds and I also observed what appeared to be a Pistol shot wound in his chest. I went into the adjoining Room and there saw the body of a little boy he was lying upon his belly on the bed, quite dead and his body nearly cold: his throat was cut and there were two cuts on his side. The wound upon his throat would cause death in a minute or two. On the same morning I made a Post-mortem examination of the bodies. I found upon the old man’s body several incised wounds which were evidently inflicted by some sharp cutting instrument, namely:- First, a wound about two and a half inches long extending through and across the right ear. Second, Two wounds on the right cheek each about one and a half inches long and communicating with each other, one extending in a transverse the other in a longitudinal direction. Third, a longitudinal wound across the chin about half an inch in depth. Fourth, One on the left side of the nose. Fifth, a contused wound on the forehead which in all probability he received when he fell. Sixth, Two small incised wounds on the scalp. Seventh, a wound on the right side of the neck which was about two inches long and very deep missing the jugular vein but dividing the muscles of the neck and the external Carotid artery. Eighth, a jagged wound on the front of the neck. Ninth, a deep incision in the left hand nearly separating the thumb from the hand. Tenth, an incision in the right groin one and a half inches long and one and a half inches deep. There was also a circular wound on the right side of the chest which had evidently been caused by a Bullet. There were also corresponding holes in the Shirt and Flannel. The Bullet had perforated the muscles, fracturing the fifth rib near the Breast-bond, passing through the lower part of the right lung, the diaphragm and the liver and upper part of the right kidney, and passing out at the back near the spine on its right side. An external wound was found on the back, and the edges were more irregular than the wound in front of the Chest. A bullet was found on the floor near where the body was lying. I gave the same Bullet to Condon the Police Constable. On the Post-mortem examination of the body of James Woodcock the same day, the body was found lying on a bed in the lower room. The head was buried in the clothes at the foot of the bed in a pool of Blood. He had evidently been dead some hours. The first wounds which I observed were one on the Loin two and three quarter inches long. There was another wound in the Abdomen extending in the same direction and communicating with the former one, this was about three inches long and exposed the lower border of the liver and the intestines. None of the Viscera were wounded. On raising his head I found an incision in the throat six inches long dividing the windpipe, the muscles of the left side of the neck, the left external Carotid artery and the jugular vein. The structures on the right side of the Neck were not so seriously injured as those on the left side. The incision appears to have been made from left to right. The wounds upon the old man would cause death in a few minutes. I received on Wednesday morning the 2nd July instant from the Witness Superintendent Burdett a portion of the leg part of a pair of Corduroy Trousers, there were stains upon it as of blood. I at the same time received from Burdett a part of what appeared to be the lining of a pair of Trousers there was also upon the lining the appearance of marks of blood which had evidently been absorbed from the outside. I afterwards submitted the parts of the Trousers and lining to a chemical and microscopical examination the parts having the appearance of blood I found to be blood and they presented the appearance of human blood. On a blood stain situate near the seam of the Trousers I found a very small portion of human skin, it was very delicate in its structure and to all appearance it was marginal epithelium.

WILLIAM CONDON will prove as follows: I am a Superintendent of Police residing at Melton Mowbray. From information I received, I, on the morning of Thursday the nineteenth of June last about five o’clock, went to the Thorpe Toll-Bar. When I got to the Thorpe Arnold Toll-Bar I found the body of Edward Woodcock lying dead on the House floor in a pool of blood. There was also the dead body of a Boy lying on a Bed in an adjoining Room. When I got to the Toll Bar I found a Man named Bishop and the Witness John Clayton. I received from John Clayton a Tobacco-Stopper and Pistol which I now produce. I searched the pockets of old Woodcock and found Two sixpences and a knife, and his Watch was hanging in the pocket of the Bed in which was the body of the Boy. There was also a shilling’s worth of Copper money in the Window of the Bed-room. I went to the Hovel of a man named Moore about 300 yards from the Toll-Bar, the Hovel was situate in a Field of Mowing Grass, and I observed fresh footsteps from the Hovel through the mowing grass in the direction of the Toll-Bar and the footsteps passed through a Gap from that Field into a grazing field near the Toll-Bar. I could distinctly in the grazing field by the Hedge side see the same track pass to a Gate within a short distance of the Toll-Bar. There was some stubble in the Hovel and it appeared as though some person had been sleeping upon the Stubble. The Tobacco-stopper I now produce I have shewn to a man named Cooke a Watch maker at Nottingham. The Pistol I now produce I have shewn to a man named William Asher and a man named William Moulding both of Leicester. I also produce a leaden bullet which I received from the witness Barwis. The Bullet will go down the Barrel of the Pistol.

WILLIAM ASHER will prove as follows: I am a Coal Higgler residing at No. 40 Bedford Street, Leicester. Three doors from me there is a man named John Brown living - he is a married man and a Brother of the Prisoner. I saw the Prisoner on the Seventh of June last. I had known him for about ten days before that. He then went away with his Brother’s Wife, but when he came back to Leicester she was not with him. On the Seventh of June I saw him come out of his Brother’s House. There was a disturbance between them, and when the Prisoner came out into the Street he said "I will protect my sister". He then held up a Pistol and said it was loaded. It had a cap on it, and he said "God strike me dead if I would not shoot the first man dead that meddled with her". The pistol was like the one now produced but I cannot swear to it.

WILLIAM MOULDING will depose as follows: I am a Frame-work Knitter and reside in Bedford Street, Leicester. I know the Prisoner. I first saw him on a Sunday about three weeks previous to his being committed on this charge against his Brother John Brown’s door in Bedford Street. I also saw him on Wednesday the eleventh day of June last in his Brother’s house, he came out of the House into the Street about seven o’clock in the evening and I began to talk to him about running away with his Brother’s wife, he said he had not run away with her, he said he only went on the road with her for protection and if any man "mislested" her he would blow their brains out "God strike him dead if he would not", and, added "here it is" at the same time pulling out of his left side pocket a pistol. The pistol now produced is about the same size, and looks like the one the Prisoner took from his pocket on that occasion. I observed it had a Dark Barrel and Lock and looked new and a Cap was on the Nipple.

JOHN CARPENDALE will prove as follows: I occupy two fields in Melton Mowbray Lordship situate near to Thorpe Toll Bar. I was in one of my fields on Tuesday evening about six o’clock on the 17th June last. The Prisoner came off the Turnpike as from the Toll Gate House up to me in my field he did not speak at first and I asked him what he wanted, he said he had come down from London and was going back and had been to see some acquaintances in the neighbourhood and was going to see a person residing on Timber Hill Melton Mowbray and he said he should have been further on the road but he had been stopping an hour or so with old Woodcock at the Toll Bar, and the old man had told him he had neither wife nor Housekeeper. I said I thought he had a little boy with him as I had seen one there sometimes. He said it was very lonely and dangerous for the old man to be there by himself and added "If I were keeping the Bar, if I had not a Wife I should have a Housekeeper for company". He asked me whether the old man went to bed or sat up all night. I said "I did not know, but if any body went to the Gate at night he must get up to let them through". He then walked with me from the Field towards the Town and made many remarks about there being a great many people on the road, and said it was generally the case in the neighbourhood of Market Towns on Market days. (This was Melton Market Day) he again made some observations about its being very lonely for old Woodcock at the Toll Bar and he, the Prisoner, said he was a Watch and Clock Maker by Trade and came from London. He then left me near to Melton Town, and I did not see him again until the day he was committed on this charge.

JOSEPH BURBRIDGE will prove as follows: I am about Eighty Years of Age and reside with my Wife at Thorpe Arnold. On the Tuesday before the murder about five o’clock in the afternoon the Prisoner came to my House (situate at Thorpe Arnold near the Toll Gate). I had not known him before. I passed him on the road, but when I got home I found him in the House. I asked him where he came from, he said "Scalford". I asked him his name, he said "Brown". He began to talk about Woodcock at the Toll Bar and said he should call upon him and a man named Moore of Melton as he knew them; and he asked me if he, Woodcock, lived by himself. I said, "No, hardly" - I wanted to get rid of the Prisoner from my House, and I went out and he followed me into my Garden, and he went and looked into a Window of another room of my House. My house is situate about 200 yards from the Toll Bar.

HENRY REED will prove as follows: I am Servant to Mr. Moore of Melton Mowbray, Baker: I first saw the Prisoner at my Master’s House on Tuesday evening the 17th June last, and he had his Tea and Supper there that evening and left between ten and eleven o’clock. The next morning (Wednesday, June the 18th) between eight and nine o’clock he again came to my Master’s House and had his breakfast, and I and my Master went up to the Field to work and the Prisoner went with me to the field. The field is situate in Doctor’s Lane about half a quarter of a mile from Thorpe Toll Gate. There is a Hovel in the field. When we got to the field the Prisoner commenced work cleaning out a Ditch with a spade and I assisted him in so doing. When we were going to the Field he said "I went yesterday to the Toll Bar, and asked old Woodcock for a drink of Water and Woodcock would not give me any, he is a snot-pot". He asked me who lived at the Toll Bar with old Woodcock and whether there was a Man or Woman to see to the House for him. I said "No". He continued to work in the field for about Three hours, and then went back with me to y Master’s house and had his dinner and shortly afterwards left. The Prisoner was dressed in a long Brown Cloth Coat, Light striped Waistcoat, Corduroy Trousers (nearly new), Black Hat, Black Neck handkerchief, a red handkerchief in his hat, Blucher Boots and no stockings. He showed me a Watch which he said cost Three Pounds. The Waistcoat, Hat and Black Handkerchief now produced by Supt. Burdett I believe are the same the Prisoner was wearing when at work.

WILLIAM MOORE will prove as follows: I am a Baker residing at Melton Mowbray. I know the Prisoner he is a Scalford man, and so am I. On going home to my House on Tuesday night (the 17th June last) about half past nine o’clock I found William Brown there and I gave him his supper and he left. The next morning he came again and I gave him his breakfast and I sent the boy Reed up to my field to work and I shortly afterwards followed him and on the road I overtook Reed and the Prisoner. I went with them to the field, when we got there the Prisoner offered to help and he assisted Reed in cleaning out a Ditch. About half-past Two o’clock I sent the boy home with a Wheelbarrow and Five Lambs, and the Prisoner went with him. I went home by a foot-way and shortly after I got there the Prisoner and Reed came and I gave the Prisoner his Dinner and gave him One shilling and Three halfpence to get rid of him. He went away. There is a Hovel in a mowing Field of mine near to where we had been at work and there was Stubble in the Hovel. On Thursday morning the 19th June last I went to the Hovel and saw marks upon the Stubble as though a person had slept upon it; I also saw a fresh track in the mowing Grass from the Hovel in the direction of Thorpe Toll Gate. The Hovel is about 300 Yards from the Thorpe Toll Bar. The Toll Bar can be seen from the front of the Hovel. The Prisoner had on when at work a Brown Coat, Black Hat, Dark Corduroy Trousers, Light Waistcoat and Blucher Boots. I fully believe the Waistcoat and Trousers now produced by Police Superintendent Burdett to be the same the Prisoner was wearing when he worked for me.

FRANCIS O’HARE will prove as follows: I reside at Melton Mowbray. On the even of Wednesday the 18th June last about seven o’clock I was coming down Doctor’s Lane past Mr. Moore’s field and I got over the Gate and went to Moore’s Hovel to look for Mushrooms as I had previously gathered some against the Hovel. When I got to the Hovel I heard a noise and I went in and found the Prisoner sitting in the Hovel pulling off his Shoes. I said "Hollo, old Boy, what are you doing here?". He said "I am resting a bit". I said "Then you mean taking your lodging here tonight". He said "No, I don’t, I might do so, if I was drunk, But I sha’nt tonight". I then went away. I did not observe any track leading from the Hovel through the mowing Grass in the direction of Thorpe Toll Bar, if there had been one I think I must have seen it. The Hovel is close to the Gate in Mr. Moore’s field.

THOMAS ROBERTS will prove as follows: I am one of the Constables of Scalford. Scalford is situate about Three Miles from Thorpe Toll-Gate. On Saturday 21st June last I was on a road leading from Melton Mowbray to Hose in the Parish of Scalford near Mr. Cross’s Barn. I saw a Black Hen run across the Road, into the Ditch by the road side. I had lost two Hens and I thought this might be one and I got into the ditch to try to catch the hen and amongst the Weeds which were very high and a very deep ditch I set my foot upon a Black Silk Handkerchief and in the same ditch a few yards from each other I found a pair of Corduroy Trousers, Waistcoat and Shirt. The Trousers, Shirt, and Waistcoat were torn up and in a wet state as though they had been recently washed. I gave all the same articles to Police Constable Fox, and Fox and I afterwards searched and found a hat.

Cross examined: I know the Prisoner has been transported some years ago. I first saw him again on Monday the 9th June last in Scalford Town Street, and there were many people around him, I heard him say "I will not be transported for nothing next time, I will do something to be talked about". This distance from Scalford Village to where I found the Clothes is about a mile, and there is a road leading from the place where I found the Clothes to Stathern, and it does not pass through any Village on the way there.

WILLIAM FOX will prove as follows: I was on duty at the Parish of Scalford on Saturday the 21st June last. I there received from Mr. Roberts, the last Witness, a quantity of Men’s Clothes. I went with Roberts to the place where he stated he had found the Clothes and we there found a hat in a ditch by the road side. I delivered all the Articles to Superintendent Burdett. The Trousers, Waistcoat and Shirt were torn or cut up, and were all very wet as though they had been recently washed.

THOMAS BURDETT will prove as follows: I produce a Man’s Waistcoat, a pair of Corduroy Trousers, a Black Silk handkerchief, Black Hat and a Shirt which I received from the last Witness, William Fox. All the Articles of Apparel appeared to have been wilfully cut or torn up and were in a wet state as though they had been recently washed. There are spots of Shoemaker’s Wax on the seat of the Trousers. On Wednesday the 2nd July instant I gave a portion of the leg part of the same Trousers together with a piece of the leg part of the lining thereof to the witness Mr. Barwis the Surgeon.

JOHN HEWERDINE will prove as follows: I am a Blacksmith residing at Scalford. I know the prisoner William Brown, I saw him at Scalford on Monday the 16th June last, he was against a Shop Window. The prisoner had on at that time a Black Hat with a broad bend, a Brown Coat, a light colored striped Waistcoat and dark cotton cord Trousers. The Cut and torn parts of a Waistcoat now produced I make no doubt are the same the prisoner was wearing at our Shop on the 16th June last as also the Hat and the Trousers. I was present on Monday the 16th June when the prisoner was at our Shop, when my Father said to the prisoner, "Billy, you must mind, if they get hold of you again you will go for life". The prisoner said "I should not like to be transported any more, I’d sooner be hung, and maybe I shall be yet".

ANN BROWN will prove as follows: I am the Wife of John Brown a Shoemaker of No.34 Bedford Street, Leicester, and he is the Brother to the prisoner. The prisoner came to our House the last Sunday in May last. On Sunday the first of June I left my husband and my home and went on the Loughborough Road from Leicester and the prisoner followed me and we went to Quorndon and staid all night at the Royal Oak, we went to several places afterwards and eventually I left him at Retford Station in Nottinghamshire. I lengthened several of my Husband’s shirts in the sleeves, and the one now produced is very like one of those I did. But it is a long time since I did them and I cannot swear to this, it looks a deal like it. The prisoner wore a pair of Cord Trousers and a light Waistcoat which I believe are the same now produced. My husband is in the habit of fastening the Buttons on his Trousers with a wax end and the Buttons on the Trousers now produced are fastened with Shoemaker’s Wax ends. I know my husband gave the prisoner a pair of Cord Trousers which were like the ones now produced. This Witness can (if she likes to do so) positively identify the Shirt the lengthening of the Sleeves being her own work and she has since said to her neighbours "I knew it to be my own work but I would not swear to it".

JOHN BROWN will prove as follows: I reside at No.34 Bedford Street, Leicester: I am a Shoemaker, the prisoner William Brown is my Brother. I saw him (William Brown) on Friday morning June 13th last at my house at Leicester. We had words about my Wife and there was jealousy between us. I told him if I knew that he had slept with my Wife I would run him through. This happened at my house on Thursday, June 12th at Leicester. After I had told him that two or three times he put his hand into his side pocket and pulled out a pistol and pointed it towards me and s aid, "Look here, this is loaded and capped". I observed it was not cocked, and he afterwards put the pistol in his side pocket again. This took place about seven o’clock in the evening, he afterwards gave it me into my hands and I cast my eyes over it and restored it to him. The pistol now produced by Condon is like the one my Brother had. I lent my Brother a pair of Corduroy Trousers, a Coat, a Black Hat and a pair of Wellington Boots when he was at our house. There is a Shirt of mine missing from our House. It had been lengthened in the sleeves, but I cannot say the shirt produced is mine, it has been lengthened in the sleeves similar to mine. The Trousers also produced are like those I lent my Brother, they may be mine but I will not swear to them. I am in the habit of stitching my buttons upon my Trousers with wax ends but there are other Shoemakers besides me do the same. The Buttons of these Trousers are fastened on with wax ends. When my Brother was at our House he had a Knife in his side pocket like a Butcher’s Knife, it was five or six inches long in the blade. This Witness can as far as possible positively identify the pistol. He stated at the Police Station at Melton when the Pistol was first shewn to him "That is my Brother’s Pistol I saw it in his hand at my House and afterwards I had it in my own hand and examined it very minutely and it is the same". This took place before the Witness knew the Pistol was found in the Toll Gate House. He also can if he will identify positively the Trousers and Hat.

JOHN COOK will prove as follows: I am a Watch and Clock maker residing at Nottingham. About three weeks previous to the 26th June last the prisoner came to my Shop and brought a Watch to be repaired. He called for the Watch the same day and took it away and he asked what there was to pay. We had conversation about Van Dieman’s Land and he s aid he had not much money and I must not overcharge him. He pulled out his money Three or Four shillings in silver, some coppers, a Knife, some string and a Tobacco Stopper which he held with his money in his hand until he had paid me. The Tobacco Stopper now produced by Condon I make no doubt is the same although I am unable positively to swear to it.

WILLIAM ECCLES will prove as follows: I am Parish Constable of Wetherby in the West Riding of the County of York. On Sunday afternoon the 22nd June last I read in the Leeds Mercury a paragraph about two Murders at Melton Mowbray and a description of the supposed Murderer. From the description given I took the prisoner into Custody at Wetherby the same Sunday afternoon on a suspicion of being the party described in the paper. Before taking him into custody I asked him what he was doing there. He said "I am a Bedford man, and my name is William Parker". I charged him with being the man who had committed the murders at Melton, he said "I never harmed any one in my life". I searched him and found upon him a silver watch, two razors, three sovereigns and three half sovereigns in gold, six shillings and six pence in silver, and three pence halfpenny in copper, a pair of scissors, three envelopes and several other small Articles which I now produce.

HENRY CROSSLEY will prove as follows: I am one of the Parish Constables of the Parish of Wetherby in the County of York. On Sunday afternoon the twenty second of June last about half past four o’clock, I assisted Parish Constable Eccles to convey the prisoner to the lock-up at Wetherby charged with a Murder at Melton Mowbray. When we got to the lock-up I read over to the prisoner a paragraph from the Leeds Mercury relating to the Murder. I told him I had no doubt he was the man and it would be best to take care of him. He said "My name is William Parker and I come from Bedford and I have lived with one Mr. Johns there as a Gentleman’s Servant, and I am a Watchmaker, and can garden, and groom, and wash up dishes". I said "You are not a gardener for your hands appear as if you had not worked of late, and you are a weather-beaten man and have not been employed at in-door services". I then asked him "Have you ever been out of England", he said "No". He, the same night said before Captain Faviell, a Magistrate for the County of York, "I have never been out of England". " I found the envelopes addressed to Elizabeth Scott on the road, my Watch I bought at Nottingham for Two Pounds and I came from Nottingham on Thursday and have been at Leeds, Ottley and Bradford and I am a native of Bedford Town but have lived with Mr. Johns at Greenwich and Mr. Johns has gone into a foreign country". During the Sunday evening I found a Watch-paper in the prisoner’s Watch with a Kangaroo and "Launceston, V.D.L." upon it. About twelve o’clock on the next day (Monday) I was present at the Lock-up when the prisoner ate his dinner, I said, "An officer is coming from Leicester". He immediately said "My name is Brown, and it is of no use telling any lies about it. The reason I denied being a Convict was that I thought if it was known I should not get work in the neighbourhood, and I am Brown of Scalford, and I slept in the Hovel a night or two before, and I passed through the Bar, but never molested the old Man".

EDWARD BISHOP will prove as follows: I am one of the Leicestershire County Police Constables, I met Mr.Goodyer, at Normanton Station on Monday night the 23rd June last, and returned with him and the prisoner to Leicester. The next morning on conveying him from Leicester to Melton Mowbray, at the Rearsby Station the people said "There is the Murderer". He said "I do not care what they charge me with, it was natural for me to visit my native village after an absence of thirteen years, and I should not have slept in the hovel that night if I could have got into a Public House in the neighbourhood". He afterwards said "I slept in Nottingham that night and at Leeds on Thursday night".

HENRY BAKER will prove as follows: I am a Groom residing at Melton Mowbray. I left my House in Melton Mowbray on Thursday morning the nineteenth day of June last about two o’clock to go to Thorpe Arnold to gather mushrooms. I passed through Thorpe Toll-Bar about a quarter past two o’clock. When I had passed through the Bar about three or four hundred yards I heard a sharp report of Fire-arms either a Gun or a Pistol and the report came inn the direction as from the Toll-Bar.

FREDERICK GOODYER will prove as follows: I am Chief Constable for the County of Leicester. From information I received on Monday morning the 23rd June last I proceeded to Wetherby in the County of York, and in the Lock-up there I found the prisoner. I told him I apprehended him, William Brown, on the charge of murdering Edward and James Woodcock at Thorpe Toll Bar in the Parish of Melton Mowbray on the nineteenth June last. He said "Yes, Sir, my name is William Brown and I did sleep in a Hovel near the place". I conveyed him, with the assistance of Parish Constable Eccles, to Leicester. On the road he was very talkative and said "I slept on Wednesday night at Nottingham and on Thursday I went to Leeds, walked the following day to Bradford, and on the road I met a Tramp, to whom I gave a Shilling, a pair of Trousers and a Shirt, and I returned back again to Leeds and slept there, and on the following day I went to Wetherby".

MARY ANN PHILIPS will prove as follows: I am the Wife of Thomas Philips and we reside at No.30 Bedford Street, Leicester. I know the witness John Brown the prisoner’s Brother, he resides in the same street and next door but one to me. On Thursday evening the 12th June last about 7 o’clock I was in John Brown’s House. The prisoner was there and he was quarrelling with his brother John about his (John’s) wife. I observed John was trembling and I tapped him on the Shoulder and said "What are you trembling for?" (I did this in consequence of what some woman said to him in reference to his Wife). John said "Oh dear! don’t tap me, I am so bad". The prisoner then went out of the House into the Street and took a Pistol from his left side Coat Pocket and held it up, and said to some people outside "If she (meaning his Brother John’s Wife) was here, and any one of you was to meddle with her I would blow your brains out". The prisoner shortly afterwards left the Street and came into the House again, and seated himself on the Counter and put the pistol into his pocket. The Pistol now produced by Condon I believe to be the same the prisoner had in his possession on that occasion. I was close to him at the door of his Brother’s house when he pulled the Pistol from his pocket and held it up, and I was close to him when he returned it to his pocket in the House.

THOMAS POWELL will prove as follows: I am a Labourer, and reside at No.36 Bedford Street, Leicester, next door to the Prisoner’s Brother John Brown. I have seen John Brown wearing the Corduroy Trousers, now produced by Superintendent Burdett, several times; they have marks of Shoemaker’s Wax upon the seat, and some of the Buttons are stitched on with wax ends. I have seen the buttons so stitched on when John Brown had the Trousers on. I first saw the prisoner at John Brown’s House on a Sunday when he first came there. He came into my House on that Sunday morning and I noticed that he was then wearing a pair of blue fustian trousers, in the afternoon of the same day I saw him again, and he was then wearing the Trousers now produced by Superintendent Burdett. About a fortnight afterwards I saw the prisoner, and I noticed he was wearing the same cord Trousers.

MARTHA POWELL will prove as follows: I am Wife of the last Witness, and I am sure the Trousers now produced by Superintendent Burdett are John Brown’s and I saw the Prisoner wearing them on the afternoon of the first Sunday when the Prisoner came to his Brother’s. The Waistcoat also produced by Burdett, I swear is the same I saw the Prisoner wearing when he first came to his Brother’s House on the Sunday morning. On that morning he came into my House early, and his Brother was not got up, and he, the Prisoner, waited in my House for some time until his Brother did get up, and I noticed the buttons of the Waistcoat and the stripe very particularly. One Button (the bottom Button) of the Waistcoat I noticed was of a lighter colour than the others. The Prisoner also wore a Black silk handkerchief tied once round his neck.

THOMAS TAYLOR will prove as follows: I am a Labourer residing at Stathern. I know the Prisoner. I knew him before he was transported. On the morning of Thursday the 19th day of June last, about half past five o’clock, I was going on the Road from Stathern to Eastwell to my Work and against Stathern Wind-mill I met the prisoner. I said "Good morning". He said "Do you think it will rain?". He then passed on the Road for Stathern. The Prisoner was coming on the road in the direction as from Eastwell, or there is another road which passes behind the Village of Eastwell, and comes by the back of Scalford and Holwell, and leads into the same road a short distance from where I met him, and he might have come on that road. The distance from the place where I met the Prisoner to Scalford Village is about 4 or 4½ miles. The Prisoner was dressed in a Straw Hat, Brown Cloth Coat, and dark Trousers.

WILLIAM SMITH will prove as follows: I am a Labourer residing at Harby. I know the Prisoner. On the morning of Thursday the 19th June last about 6 o’clock I saw him in Harby Town, he asked me how far it was to Nottingham I told him about 14 miles. I walked with him about half a Mile from Harby on the road for Nottingham. I asked him whether he was going to Nottingham, he said he thought not. He was dressed in a Brown Coat, and Blue colored Trousers. Harby is distant from Stathern about 2 miles.

VINCENT PARKER will prove as follows: I am an Innkeeper residing at Cropwell Bishop in the County of Nottingham. About 9 o’clock in the morning of Thursday the 19th June last, the Prisoner called at my House and wished to have a pint of Ale at the door but he afterwards at my invitation came into the House, where he remained for about half an hour, when he left taking the road for Nottingham. Cropwell Bishop is distant from Harby 5 or 6 miles and is on the Road from Harby to Nottingham.

JOHN GRETTON will prove as follows: I am a Labourer residing at Cropwell Bishop. I and my Son were at work on the side of the Road leading from Cropwell Bishop to Nottingham on the morning of Thursday the 19th June last. About half past Nine o’clock that morning I and my Son were eating our Lunch, and the prisoner came up to us. He said to me, "I have had nothing to eat this morning". I said "I will give you something to eat". I gave him some bread and cheese. When he had stood a minute or so, he said "I had a gold ring on every finger a little time ago, and a gold Watch, and I was obliged to sell them for something to eat, and I have a Waistcoat here (at the same time putting his hand on his left breast) and my Coat you shall have for Two Shillings, if you will give me an old f rock to put on". I said "I do not want to buy your clothes". He said "Then! give me a Shilling and this Coat of yours for mine". I said "I have no money and I shall not exchange clothes with you". He then asked me the road to Nottingham, I told him and he went upon that road.

THOMAS SARAH will prove as follows: I was Ship’s Carpenter on Board the                       from                                    to the Port of London, where we arrived at the latter end of the month of May last. The Prisoner was a                               passenger in the same ship from                                          to London. I heard the Prisoner say upon two occasions when we were nearing England            

(Here the Brief awaited completion when the Witness came ashore)

 

 

 

THE PRISONER when before the Committing Magistrates (The Revd. G. E. Gillett and H. C. Bingham Esquire) said:

When I came to Scalford this other time I enquired for Amy Moore and they told me she was living with Mr. Hardys at the Lodge. I went there straight away and found her there. I asked her how she was and after her children. She told me William was living at Timber Hill and keeping a Bakehouse. I told her I would go and see him. I went first to old Burbidge’s house and saw the old woman. I sat down and by and bye her husband came in. I asked him whether he knew me. He said No. I told him I knew him. I asked him whether he slept up stairs or down. He said - Up stairs. I asked him whether it would not be much better for them to sleep down. He said - No, the old woman could get up very well. He then got up and went into the Garden and I followed him. I then asked him who lived at the Toll Bar. He told me but I did not recollect the name. I asked him whether the man at the Toll Bar was married. He said No. I asked him who did his work. He said a woman. I asked if any body stayed with him. He said, There was a lad stayed with him regular. This was on Tuesday in last week I went to the Toll Bar. I said to the old man Will you give me a drink of water. He went and fetched it and gave it to me. I offered to draw a Bucket for him but he said, Never mind I have a Woman to do it for me. I then went to Melton and to Moore’s house. On the Wednesday I did some work for Moore and my hands being soft from five months on board ship, I was very tired and went into the Hovel to lie down. After having rested I put on lighter clothes. I had neither Pistol or Knife in my possession. Drawing towards evening I passed through the Toll Bar and I passed through Waltham the same evening Wednesday. I enquired in Waltham the way to Nottingham. It might be about eight o’clock. After passing a long way, through Waltham I met a man. He told me he had had nothing for two days. I said I had nothing to eat but I had some clothes and some money. I gave him a shilling, a pair of Trousers, a Waistcoat and a Hat. It was a lightish Waistcoat and Cotton Cord Trousers. He thanked me and bid me good night. I asked him the way to Nottingham. I went on and got to Nottingham late. The people were pretty near going to bed. I remained the next day to dinner at Nottingham with Elizabeth Scott who is my Sister. I went by Train to Derby and Leeds and thence to Wetherby.

                                    


Dr. Kevin Wood the author of a poem entitled "The Ballad of Peppermint Billy" has graciously allowed the same to be accessed from this website by CLICKING HERE.

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