Part 11
Mr. THOMAS MILLS examined.--I live at No. 39, Bridge-house-place, Newington Causeway, and am a dentist. On the 4th of November, between nine and ten o'clock in the morning, May called and offered a set of teeth for sale; they were twelve human teeth, six for each jaw. I observed that one of the front teeth was chipped. He offered the set for a guinea. It was then that I observed that one of them was chipped, as that lessened their value. I said that I would give twelve shillings for them, and I remarked that they did not belong to one set. He said, "upon my soul to God, they all belonged to one head not long since, and that the body had never been buried." I gave him twelve shillings for the set. On examining them afterwards, I found that some part of the flesh of the gums was so firmly attached to them, that I imagined they had been violently taken from the head. I found great difficulty in detaching it from them. I remarked to May, that the teeth either belonged to a boy or a female. He replied that they had belonged to a boy, between fourteen and fifteen years of age. Those are the teeth now produced, which I delivered to the superintendent Mr. Thomas.
Cross-examined by Mr. CURWOOD.--I will swear that the expression used by May was not that the teeth were as fresh as if the body from which they had been taken never was buried.
AUGUSTINE BRUN (examined through an interpreter, Parragalli, who is also one of the witnesses) deposed, that he was acquainted with the Italian boy, Carlo Ferrari. Witness brought him to this country about two years ago. Carlo stayed with him but about six weeks. Has not seen him since the 28th of July, 1830. Was shown the body of a boy at Covent-garden station-house, on the 19th of November. Recognized it to be the body of the boy Carlo--that is, to the best of his belief. Could not swear positively, the face was so disfigured, and the absence of the teeth so altered the usual expression of the boy's countenance. The hair, size, and form, perfectly corresponded. Had not seen the boy alive since July, 1830; could not, if he was dead.
The last remark occasioned a laugh in the court; but it arose from the inaccurate manner in which Parragalli, the interpreter, put the questions to the witness. In several instances the questions, as put by Parragalli, were wholly different in sense and meaning to those given by the counsel, and thus a degree of perplexity and confusion arose in the answers, which gave an opposite character to the examination than was in reality intended. The interpreter was frequently checked by the court, in consequence of the comments in which he indulged in the answers given by the witness, and in which he appeared to display a zeal, which broke out sometimes into a certain degree of impertinence and frivolity, not at all in character with the solemn investigation which was then pending.
AUGUSTINE BRUN was cross-examined by Mr. Curwood, when he said, that if he had not heard of the death of the boy, he should have given precisely the same evidence, namely, that he could have inferred from the general appearance of the body, and colour of the hair, that it was that of 'my boy' Carlo Ferrari. If asked at once to whom the body belonged, I should have experienced some difficulty in determining, in consequence of the disfigurement of the face.
JOSEPH PARRAGALLI, the interpreter to Brun, was then admitted as a witness. Obtained his livelihood by playing an organ and the pandean-pipes. Knew the boy Carlo for the last two years. Saw him alive at half-past two o'clock, in the Regent's Quadrant, on the Saturday four weeks before he saw him dead at the Station-house. Carlo had then a cage with two white mice about his neck; was sure that the boy, whom he saw dead, was the same whom he saw thus accoutred in the Regent's Quadrant (the cap was here put into witness's hands). Would swear that, to the best of his belief, it belonged to the boy Carlo.
Cross-examined by Mr. BARRY.--Witness did not know any Italian boys who obtained a livelihood in the manner of the boy Carlo.
MARY PARRAGALLI, wife of the last witness, also knew the boy Carlo Ferrari. Saw him last on Tuesday the 1st of November, in Oxford-street, at a quarter past twelve o'clock; he had a cage, like a squirrel-cage, with two white mice in it. Did not speak to him; he wore a cap. When shown a dead body at Covent-Garden station-house, on the 6th of November, was positive that it was that of the boy Carlo.
ANDREW COLLA knew the boy Carlo by sight. Saw him in Oxford-street on Tuesday the 1st of November. On the following Monday saw a body at the station-house, Covent-Garden, which he believes to have been that of Carlo (a cap was here put into the witness's hands). To the best of his belief, it was the cap worn by the Italian boy when he met him in Oxford-street. Carlo had on him a blue coat and grey trowsers. The trowsers had a patch on the knee (a pair of trowsers was here shown to the witness). Believes them to be those worn by the boy Carlo. Is strengthened in his belief by the peculiarity of the stitching. Has not seen the trowsers since the day he met the boy in Oxford-street.
JOHN KING, aged ten in December, was acquainted with the nature of an oath.--Lived near Nova Scotia Gardens. On the Thursday before Guy Fawkes's day, saw a boy standing at the corner of the gardens. The boy had a cage suspended by a string round his neck. Had a brown hairy cap (a cap was put into witness's hands). Believes the cap to be that worn by the boy. Knew it by the green facing.
MARTHA KING, aged eleven years, sister of the last witness, gave evidence precisely to the same effect.
REBECCA BAYLIS lives at No. 1, Virginia-row, Bethnal-green. Her husband is a cabinet-maker. Remembers to have seen, on Thursday the 3d of November, an Italian boy, standing close to the window of her residence. Saw a box suspended from his neck, on the boy's arms. (The cap which had been shown to the preceding witnesses, was here shown to this witness.) Believes the cap to be the same with that worn by the Italian boy. In about a quarter of an hour after, had occasion to go out, I saw the Italian boy standing within two doors of Bishop's residence. The trowsers appear to be like those worn by the boy; could not speak with the same degree of certainty respecting the jacket. The colour was more inclining to the green than that now produced.
JOHN RANDALL, labourer, lived in Bethnal-green, near Nova Scotia Gardens. Remembers to have seen, on Thursday the 3d of November, an Italian boy standing under the window of the Bird-cage public-house, Nova Scotia Gardens. The boy had a cage with two white mice in his arms. The cage had a box in one part, the other part went round like a squirrel-cage. The boy had on him a brown cap: the cap (here shown to witness) is like that worn by the boy.
SARAH TRUBY is wife of the landlord of the cottages, Nos. 1, 2 and 3, in Nova Scotia Gardens. On the part of her husband, she let in July, 1830, the cottage No. 3 to Bishop's wife. Bishop and his wife lived there since; let the cottage No. 2 to the prisoner Williams in July last. Williams then went by the name of Head. Williams lived there for six or seven weeks; let the cottage since to a person named Woodcock. There was a well in the garden attached to Bishop's cottage, with a passage to it from the other two cottages. There is a privy at the bottom of the garden of No. 3, which was not open to Nos. 1 and 2, but was to her (witness's) own residence. Has seen Williams frequently, since he left No. 2, in the prisoner's (Bishop's) cottage.
WILLIAM WOODCOCK, about twelve years of age, lived with his father at No. 2, Nova Scotia Gardens, next door to the prisoner Bishop's residence. Has seen Williams and his wife frequently of late, in Bishop's cottage; the last time he saw Williams there, was a couple of days before Guy Fawkes' day.
ABRAHAM KEYMAN keeps the Feathers public-house, Bethnal-green.--On Thursday night the 3d of November, at about a quarter before twelve, Bishop, accompanied by a man in appearance like the prisoner Williams, came to his house and took with him half a gallon of beer, and a quartern of rum: lent them a can to carry the beer; lives within two hundred yards of Bishop's residence (a can was here shown to witness); that was the can he lent to Bishop.
WILLIAM WOODCOCK went to reside at No. 2, Nova Scotia Gardens, next door to the prisoner Bishop, on the 17th of October last; lived there till the prisoners were apprehended, but not since; had reason to believe that the prisoner Williams lived along with the prisoner Bishop; does not recollect ever to have seen the prisoner Bishop till he saw him at Bow-street; but saw Williams on two Sundays. On one of these occasions witness was digging in the bottom of the garden attached to his residence No. 2, when he was accosted by the prisoner Williams, and recommended not to dig in that part of the garden, but in another which he pointed out. On the night of Guy Fawkes' day, went to bed about half-past nine. Had been asleep about four hours when he awoke, and heard a noise in the adjoining (Bishop's) cottage. He then roused himself completely from sleep, and distinctly heard the sound of three footsteps. He did not rise, because the noise was not in his own house. He heard a scuffle which lasted for a couple of minutes, when all became silent. After the silence, and before he went again to sleep, he heard the side-entrance door to No. 3 open, and distinctly heard the footsteps of two persons run by his (witness's) window. He also heard the footsteps of one person in No. 3, before the other two returned. There elapsed but about one minute between their going out and return. He then recognized the voice of the prisoner Williams. The partition wall between the cottages was about four inches thick.
On cross-examination, the witness said that he had no particular reason for saying or believing that Williams lived with Bishop, other than he heard it reported, and because he knew him to be his son-in-law. When he heard the scuffle, he did not rise, supposing it to be some family quarrel, with which he had no concern.
ANNA WOODCOCK, wife of the last witness, gave evidence to the effect that the prisoner Williams was an inmate of Bishop's cottage.
JOSEPH HIGGINS (of the New Police) was sent by his officer to the cottage, No. 3, Nova Scotia Gardens, tenanted by the prisoner Bishop; and on searching it, found a chisel and some tools. He then went to the prisoner May's lodgings, near the New Kent-road, and found these awls and screws (here shown to the jury). On one of the awls he discovered drops of blood apparently fresh. He also found a pair of breeches, with marks of apparently fresh blood upon them.
Mr. MILLS, the dentist, was here recalled for the purpose of examining the awls and tools found at the prisoner May's residence. They were such as would serve to extract teeth in the coarse manner in which those sold to him had been evidently extracted.
JOSEPH HIGGINS'S examination resumed.--On the 19th of November, he again went to Bishop's residence, accompanied by another policeman. They minutely searched the premises, and with an iron rod probed the garden in several places. The rod met with resistance in one part of the garden, and on digging they discovered a jacket, a pair of trowsers, and a small shirt. In another part they dug up a blue coat, a drab striped waistcoat, altered from man's size so as to fit a boy, and a pair of trowsers with the braces attached to them. The waistcoat had stains of blood on the collar and shoulders. They were buried about twelve inches under the surface, and were covered with cinders and ashes.
The clothes thus dug up were shown to the jury. The trowsers and coat sworn to by preceding witnesses as like to those worn by the Italian boy were part of them.
The evidence of this witness was corroborated by that of James Wadey, the police-officer who accompanied him in his search.
EDWARD WARD, a child aged six years and a half, was next called. He was previously to being sworn examined as to the nature of an oath. The child, with infantine simplicity, said that he knew it to be a very bad thing to tell a lie; that it was a great sin; and that he who would swear falsely would go to h--l, to be burnt with brimstone and sulphur. He was then sworn.--He stated that he lived with his father near to the Nova Scotia cottages. That a few days before Guy Fawkes's day, his mother having given him a half holiday, he went to Bishop's cottage to play with Bishop's children, three in number, a boy older than himself, a little girl, and a boy about his own age. As a toy, Bishop's children produced a cage, which went round, and which contained two white mice. He never before saw either a cage or mice with Bishop's children. On his return home, he told his brother, who is much older than himself, all the circumstances.
JOHN WARD, brother of the last witness, deposed to the fact of his young brother having told him that he had been playing at Bishop's cottage with Bishop's children, and that their toy was a cage containing two white mice, which went round and round.
Mr. JAMES CORDER (the vestry-clerk of Covent-garden) was apprised of the discovery of the body of an Italian boy at King's College, at five o'clock of the evening of Saturday on which it was brought there. At the instance of the parish, a coroner's inquest was held on the body, and proceedings instituted. At the inquest the prisoner Bishop was examined, and was told that he was not called on to criminate himself, to be cautious in his answers, for that what fell from him would be taken down word for word, and might be used so as to affect his life. Witness here read the declarations of the prisoners Bishop, Williams, and May, as given at the coroner's inquest, to the following effect:--
'I dug of the body out of the grave. The reason why I decline to say the grave I took it out of is, that there were two watchmen in the ground, and they intrusted me, and being men of family, I don't wish to "deceive" them. I don't think I can say anything more. I took it for sale to Guy's Hospital, and as they did not want it, I left it there all night and part of the next day, and then I removed it to the King's College. That is all I can say about it. I mean to say that this is the truth. I shall certainly keep it a secret where I got the body. I know nothing as to how it died.'
'May said he wished to say what he knew, and would speak the truth. He then said his name was James May, and that he lived in Dorset-street, Newington. He went into the country on Sunday week, and returned on the evening of Wednesday, and went to Mr. Grainger's, in Webb-street, with a couple of subjects. On the following morning (Thursday) he removed them to Mr. Davis's, at Guy's, and after receiving the money he went away to the Fortune of War, in Smithfield, and stayed there about two or three hours. Between four and five o'clock, to the best of his recollection, he went to Nag's-head-court, Golden-lane, and there he stopped with a female until between eleven and twelve o'clock the next day (Friday). From Golden-lane he went to the Fortune of War again, and stopped drinking there until six o'clock or half-past. Williams and Bishop both came in there, and asked him if he would "stand any thing" to drink, which he did. Bishop then called him out, and asked him where he could get the best price for "things." He told him where he had sold two, meaning Guy's, and he (Bishop) then told him that he had got a good subject, and had been offered eight guineas for it. He (May) replied, that he could get more for it, and then Bishop said that all he could get over nine guineas he might have for himself. He agreed to it, and they went from thence to the Old Bailey, and had some tea at the watering-house there, leaving Williams at the Fortune of War. After tea they called a chariot off the stand, and drove to Bishop's house. When there, Bishop showed him the lad in a box or trunk. He (May) then put it into a sack, and brought it to the chariot, and conveyed it to Mr. Davis's, at Guy's. Mr. Davis said, "You know, John, I cannot take it: because I took two of you yesterday, and I have not got names enough down for one, or I would take it." He (May) then asked him if he could leave the body there that night, and he said he might. Bishop then desired Mr. Davis not to let any person have it, as it was his subject, but to deliver it to his own self. He (May) also told Mr. Davis not to let the body go without him, or he should be money out of pocket. May then went on to say, that he went to his own house and slept there that night, and the next morning he went to Guy's, and Bishop and Shields came in with a hamper, which was taken to King's College, where he was taken into custody.'
'JOHN WILLIAMS stated, that in the first place he met Bishop on last Saturday morning (Nov. 5), in Long-lane, Smithfield, and asked him where he was going. He said he was going to the King's College. They then went into the Fortune of War public-house, and after that Bishop went to Guy's Hospital, and then to the King's College. May and the porter met them against the gate. Bishop went in, and he (Williams) asked him to let him go in with him. That was all he had got to say, except that a porter took a basket from the Fortune of War to Guy's Hospital, and he (Williams) helped him part of the way with it.'
WILLIAM D. BURNABY, magistrate's clerk at Bow-street, was present at the examination of the prisoners at Bow-street, and remembers that when the prisoner May was examined as to the use of the awl found at his residence, he stated that 'that was the instrument he usually employed to punch out the teeth from dead bodies.'
JOHN KIRKMAN (of the new police) was on duty at the station-house, Covent-garden, when the inquest was held there on the body of the Italian boy. Behind where the prisoners sat was a printed bill relating to the transaction. On seeing it the prisoner Bishop said in a low tone of voice to the prisoner May, 'It was the blood that sold us;' and looking at the bill again, said aloud, 'The marks of violence were only breakings out on the skin.'
Mr. THOMAS, the superintendent of police, deposed that on examining the body of the boy it appeared to him that there were marks on the left arm as if from the violent compression of fingers, and there was dirt on the chest. He also saw on the neck, from the forehead to the breast, the traces of blood but clumsily wiped away.
Mr. ADOLPHUS stated that this was the case for the prosecution.
The prisoners were then called upon for their defence.
Mr. CURWOOD, on the part of the prisoner Williams, said he felt it to be his duty to object to that person's being further proceeded with under the present indictment. That indictment distinctly charged Williams with being a principal in the murder, and he appealed to the Court whether the evidence at all went to bear out the indictment, so far as it applied to that prisoner. It might be that the evidence would go to show that he was an accessory after the crime, but that was quite another question from the present indictment, which distinctly charged him with being a principal.
Lord Chief Justice TINDAL could not admit the force of the learned counsel's objection. It would be for the jury to determine not only the fact of guilt or innocence, but the degrees of both.
Mr. CURWOOD bowed to the decision of the Court, and only performed what he conceived to be his duty in urging the objection.
JOHN DAVIS was then recalled for the purpose of showing that he had very recently purchased two subjects from the prisoner May. He brought them the day before the date of the murder.
The Court then informed the prisoners, that if they wished to address any observations to the jury on the evidence just given against them, that that was the time.
Three written defences were then read by the officer of the Court.
The prisoner BISHOP, in his defence, stated that he was 33 years of age, and had followed the occupation of carrier till the last five years, during which he had occasionally obtained a livelihood by supplying surgeons with subjects. He most solemnly declared that he had never disposed of any body that had not died a natural death. He had been in the habit of obtaining bodies from workhouses, with their clothes on, so that he could have no difficulty in procuring them after a natural death. The statement then went on to describe the localities of the prisoner's residence, in order to show that they admitted of great facilities of ingress and egress, to all persons resident in the neighbourhood. His garden and premises were open to them, and theirs to him. With respect to the clothes found in his garden, he knew nothing. As to the cap, he should be able to prove that it was bought by his wife from a woman named Dodswell, who resided in Old Hoxton Town. The green cape he sewed on himself. The prisoner called upon the jury to divest their minds of all undue prejudices, and judge his case by the evidence alone. By so doing, they would be discharging their duty, and would acquit him of the crime then charged against him. In conclusion, the prisoner declared that neither Williams nor May knew how he procured the body.
WILLIAMS'S defence briefly stated, that he had never been engaged in the calling of resurrectionist; and had only by accident accompanied Bishop on the occasion of the sale of the Italian boy's body.
MAY, in his defence, admitted that, for the last six years, he had followed the occupation of supplying the medical schools with anatomical subjects; but disclaimed ever having had anything to do with the sale of bodies which had not died a natural death. The remainder of his defence was a recapitulation of his declaration at the coroner's inquest, to the effect that he had accidentally met with Bishop at the Fortune of War public-house, on the Friday on which the body was taken for sale to Guy's Hospital.
ROSINA CARPENTER, on behalf of the prisoner May, deposed, that she lived at Macbeth-court, Golden-lane; that she was acquainted with May for the last fourteen or fifteen years. That May came to her between four and five o'clock on Thursday, the 3d of November, and stayed with her till twelve o'clock next day.
On cross-examination, the witness stated, that she had slept several nights with the prisoner May before the 3d of November, and that nobody saw them together on that occasion.
SARAH TRUBY was recalled, in order to show that she had never, at any time, seen white mice in Bishop's possession.
The prisoner BISHOP.--What! did you never see any?
WITNESS.--No; never.
BISHOP.--Not about six months ago? Don't you recollect your cat having killed some in my garden.
WITNESS.--Never.
Mrs. MARY DODSWELL lived at 26, Hoxton Old Town: kept a second-hand clothes and sale shop. Knew the prisoner Bishop's wife. Sold a cap to her about two years ago. The cap was a cloth one, with a black leather cape.
[The cap found at Bishop's, and alleged to have been that worn by the Italian boy, was a brown hair one, with green leather front.]
The prisoner BISHOP.--Mrs. Dodswell, don't you recollect your having sold my wife two caps at the same time?
WITNESS.--No, I sold but one.
On behalf of the prisoner May, MARY ANN HALL and JANE LEWIS, who both admitted themselves to be in the habit of 'seeing gentlemen,' were called and examined, in order to show that they lived in the same street with May, and that the appearance of blood on his clothes was wholly owing to an accident which happened to a jackdaw, and which was followed by the loss of blood.