The following is a transcript of the trial of James Dale, held at Chester Assizes on 25th August 1823.
Murder of William Wood of Eyam
Chester Summer Assizes
Monday August 25th 1823
The King v Joseph Dale.
On Thursday morning the 22nd, the Grand Jury returned two bills against Joseph Dale, one for Highway Robbery and the other for the murder of Mr. William Wood of Eyam in the County of Derby, on the old road leading from Disley to Whaley on the 16th July last. In the ordinary course of local proceedings for murder, the trial must have taken place on the ensuing Friday, but the counsel in consequence of the absence of witnesses, moved the Court to fix it for today, to which the Chief Justice readily assented, and ordered it to be hear first thing this morning.
At an early hour, so intense were the feelings excited by this murder, unparallelled in the criminal history of this country for the violence, brutality and ferocity with which it had been perpetrated, that the Castle gates were almost literally assailed by an immense number of persons of every rank and condition. When the gates were opened, a little before nine o'clock, a tremendous rush was made and in an instant every part of the spacious hall was crowded to suffocation.
On the entrance of the judges, the prisoned was placed at the bar. and universal surprise at his youthful appearance prevailed. It was in vain that the spectator looked in his countenance for the features of the sanguinary ruffian. he was pale, but not livid; his complexion seemed to be natural.
The petit Jury were sworn and the Prothonotary, J. Loyd Esq,, read the indictment, which in the usual terms, charged the prisoner, together with Joseph Platt and Charles Taylor with the offence, as being committed by them on the 16th July last as Whaley, in the County Palatine of Chester. "with certain stones of no value".
The prisoner having pleaded Not Guilty to this indictment, the Attorney General rose and addressed their Lordships and the Jury to the following effect:-
May it please your Lordships, Gentlemen of the Jury. You have just heard the nature of the serious charges which is preferred against the prisoner at the bar, and it is my duty to state the particulars of the outrage which we allege against him. But before I enter into a statement of the facts, by which we propose to bring the charge home to him, I do most certainly entreat of you to dismiss from your minds all the matters relative to this horrific affair which you might have heard. We are all aware that many reports have gone abroad of which the tendency may be to prejudice the case of the prisoner. These reports are also connected with parties, who are not here, and I state this because I know that they have been made against the prisoner at the bar.
Gentlemen, I feel to be my duty, and I do it with pleasure, to state to you, that previously to the transaction into which you are empanelled to enquire, the prisoner at the bar was never implicated in the commission of any crime, at least he is utterly unknown to the officers of the police and this fact is favourable to him and you will give him the benefit of it. The evidence, which I shall adduce, is circumstantial, and which throughout the whole chain is unbroken in any of the links, it is strong and conclusive. In case of murder, it is seldom that any other can be obtained, such crimes being perpetrated with the utmost privacy and secrecy.
Gentlemen, it will appear to you that on Wednesday, the 16th of last July, the unfortunate deceased, who was a manufacturer, received some money from Mr. Cheetham of Stockport with whom he transacted business. The sum which he received amounted to £48-7s which Mr. Cheetham will tell you he paid, part in local notes, part in Bank of England notes, and part in Derby bank notes. The Bank of England notes were £5 notes.
Mr Wood left Stockport about 5 o'clock on his road home, and was seen by Joseph Hadfield on the road, as also were the prisoner and two other persons, about 1½ miles form the spot on which he was found dead. At this period he was alone, and three young men, shabbily dressed were following him at a sharp pace. This was between six and seven, and about half past seven, three young men were seen running very fast on the old road. Near the Turnpike one of the witnesses was standing, when they slackened their pace, and on coming up with him, one of the enquired how far it was to Chapel-en-le-Frith? The witness observed a mark of blood on the waist coat of one of them. On quitting him, they again commenced running. Another witness, Johnson, saw them running along the road towards Buxton, and they were also seen by another person. These witnesses cannot speak to the persons of these young men, but a post boy who was waiting at a public house will identify the prisoner as one of the three young men. About eight o'clock the body of the deceased was found bathed in blood but still warm. Several wounds appeared on the head, which had received a considerable fracture on the back part. There were stones lying about, covered with blood, which seem to have been taken from the wall near which the body lay. His breeches pockets were turned inside out, and none of the property which he had been seen on the road was found. It is therefore evident that this murder must have been committed since the time that he was seen by the witness, Hadfield. That was between seven and eight o'clock.
Gentlemen, I must here press upon your attention the account which the prisoner gives of himself. He admits that he was out with the other two, who are not before you. He says that on the road they met with an elderly person, who entered into conversation with them and he invited them to take some ale with him. They went into a public house together for that purpose. He further states that Platt called him out and gave him sixpence, desiring him to proceed to a public house about half a mile distant, and there to await for the arrival of the others; that he wend but found it a much greater distance. After awaiting for some time he saw Platt and Taylor running up rather fast, and they appeared to be bloody. From this statement you will perceive that he left Manchester in company with persons on whom he thus fixes the murder. I beg your serious attention to another very strong fact as connected with this admission of their having left Manchester together. Several witnesses see three young men running at this time and there is no public house near Disley, where he states he was waiting. It will appear that he ran on the old road with these persons.
The prisoner in his examination, says that he joined them and ran with them as fast as he could towards Buxton. In another story he gives a different account. Now one of these cannot be true, for three were seen running and not two only. Of the inconsistencies his account you will soon have to judge.
Gentlemen, another fact is, and every witness will show it, that these young men were very shabbily dressed, one being without shoes and stockings. At Macclesfield we find the three on the following morning at the Golden Lion. There the prisoner goes out and purchases a pair of trousers and some stockings, which some of the party used. He then went out again and purchased a coat and waistcoat, which he said were for his brother. A third time he went out and bought a suit of clothes, which he said were fro a cousin. He also purchased a pair of half-boots, and gave his old clothes to some boy in the street. They left the Golden Lion after changing their clothes there, which two of them left behind them.
Gentlemen, we do not stop here; we shall distinctly trace into the possession of the prisoner at the bar, one of the £5 notes, which Mr. Cheetham will tell you he paid to the deceased on the 16th July, just before he was murdered. The prisoner with another young man went into a watchmaker's shop at Macclesfield, and there purchased two watches, for one of which the prisoners gave a five pound Bank of England note and this note will be shown to you from the number, date, and other particulars to be one of those which were paid by Mr. Cheetham to the deceased. We shall trace it directly up to the prisoner. While the watchmaker was procuring the change for the note at the bank, the young man appeared to be particularly anxious for the arrival of the Macclesfield coach, for which they made many enquiries. The person who sold them the watches did not notice them sufficiently to enable him to identify them, but another witness who was in the shop has not the least doubt as to the prisoner at the bar. The three young men proceeded from Macclesfield to Manchester, and there we find them at a public house called the Greyhounds. At this house the improved change in their appearance attracted the attention of the waiter, who addressed the prisoner "Well Joe you've got new clothes - where or how did you get them?" The prisoner replied "I have been among my friends". In a very short time after this, two of them left the Greyhounds, and in a few minutes afterwards the other, Taylor, was taken into custody. It was not long before the prisoner was also taken at Liverpool, and he accounted for being there by telling Mr. Lavender that it was to be out of the way.
Gentlemen, these are some of the facts of this case. That a murder was committed was unquestionable, and powerful circumstances and to fix the crime on the three men who were seen running, whether the prisoner was one of them will be a matter for your consideration. I need not tell you that all the parties who are aiding and assisting in the crime are equally implicated and guilty. To aid and assist constitutes the crime in the way of the law. The prisoner admits being with two other young men on the road when this murder was committed. That he ran with them the whole way from Whaley to Buxton. He says at the time we shall prove three men to have been running. He was in a public house, when in fact there was no public house. You will have to consider his own statement in all its bearings, and to compare it with those of the witnesses. He voluntarily tells of the purchasing of clothes at Macclesfield, but not one word about purchasing the watches for which the five pound note was given. You will observe that he was on the road, according to his own account and it will be for him to show why he was on the road, - why he left Manchester - why he was in concealment. He will have to show that he was in the public house at Disley, and to account for many other particulars which tend to fix deep suspicion upon him.
Gentlemen, I leave him in your hands. I have only to observe, that if you find the circumstances to be unconnected - if there be anything to excite a reasonable doubt of his guilt on your minds you will give him the benefit of it, by returning a verdict of acquittal. But if the evidence which we shall adduce shall be sufficiently satisfactory of his criminal connection with this atrocious transaction, then, so lamentable as it is to see so young a man in such a situation, it is your bounden duty to consign him to the fate awarded by the law of the land.
JOHN MELLOR, examined by Mr. Parkes
I am a farmer's servant at Whaley; I recollect being on the road from Bullock's Smithy on the 16th July last. I was with a cart, it was on the old road from Disley to Whaley, one goes along a valley. The old road is very steep. I was passing along the old road between seven and eight o'clock in the evening, it was hardly eight o'clock. There is a boundary wall between the tow townships of Disley and Whaley. I found a man dead under the wall. It was about forty yards from the wall. It is about three miles from Disley to Whaley by the Old Road. The place is about a mile from Disley. I am not quite sure of the distance from Whaley. There was nobody with me - but there was some persons behind when I found the body. I stopped until they came up, my uncle was one, and Edmund Pott was the other. My uncle is not here. I did not know the person I found dead. He had a terrible wound on the back of his head and two on his forehead, they seem to have been knocked in with a stone. There were some stones near the body under the wall. There was some blood on the ground and a vast quantity under his head. The stones were marked with blood but I did not notice how many. They were lying a little way off his head. There was blood at a distance from the body. I did not observe the pockets of the deceased. The body was not quite cold. It was put in Edmund Pott's cart; Pott put the body in the cart. He left the stones but we noticed them; we did not think of it so we left them there.
EDMUND POTTS examined by Attorney General
I was on the road between Disley and Whaley on 16th July last. It was between seven and eight. I was the last witness, John Mellor there. I do not know John Johnson. I know where Mr. Hadfield lived. I say Mellor before me on the road; I came up to him and saw him standing beside the man that was murdered. The place was nearer on the Disley side but in Whaley Parish. I passed by Hadfield's house before finding the body, from a quarter to half a mile distance. I examined the body, it was still warm. This was between seven and eight but nearer eight. I suppose I saw some stones near the body, there was blood on them. I cannot say how many there were, there were more than two. I took the body to the Cock in Whaley (Jodrell Arms).
By the Court, I took it in my cart; I put the body into the cart. The Cock is the place where the inquiry was made, It was there the inquiry took place before the Coroner. I examined his pockets when I found him; his breeches pockets were turned inside out. I examined them where he was found. I found no money in them but an old penny, a pocket handkerchief, the top of an umbrella and some class tickets. I did not find any notes. I took him to the Cock and he was examined there. I looked at the wounds; there were some wounds in front.
MARY BRADSHAW examined by Mr. Parkes.
I know the late Mr. Wood, he was a calico manufacturer and lived at Eyam in Derbyshire. It is 15 miles from Whaley towards Chesterfield. I recollect seeing Mr Wood on 16th July. He called at my house about seven in the morning and told me he was going to Manchester. I never saw him again. I saw a body at the Cock in Whaley, it was Mr. Wood's
MR. W. HOWARD examined by the Attorney General
I live in Disley. On 17th July I examined the road near Disley. I found some stones there within a yard of the left hand side of the road, twenty six yards from the boundary wall. it is between Joseph Hadfield's land and/
Attorney General: will you produce the stones Mr. Howard? The witness accordingly unlocked a box and took out a large stone much like a butcher's cleaver in shape; the edges were sharp though the stone was thick and heavy. It was stained all over with blood and a quantity of hair adhered to it. He then held up another stone, a little smaller than the first but covered with blood. The third stone was larger, covered with blood and hair adhering to it but not so much as to the first. The last stone produced was similar to the second. These three were lozenger shaped and all resembled large fragments of thick grave stones. The prisoner appeared to gaze upon them without the slightest emotion, while everyone else was struck with horror at the appalling spectacle.
By the Court - These stones are like those of which the wall is built. They are of the same description.
MR. JOSIAH CHEETHAM examined by Mr. Parkes
I am a manufacturer at Stockport. I was in the habit of transacting business with the late Mr.Wood. I recollect seeing him on the 16th July last. It was Wednesday. He called on me about two o'clock and stayed till three. I paid him some money. The amount was £48 7s 6d. I paid him £8 in one pound country notes; two £5 Bank of England notes; two £5 Derby notes and all the rest in Bank of England notes; two of £5 and one of £10. I know the note now produced (£5 Bank of England note number 721 and date 21st January 1823). This note had a piece torn out of the left side. I know it by the number and date, I recollect copying it. I have not the copy with me.
Mr Jones contended that this evidence could not be received as it was from a copy not produced. This objection was overruled.
MR CROSS examined by Mr.Jones
Mr Wood left me about three o'clock. I cannot say, though I have been several times, how far it is from Stockport to Disley. He had an umbrella in his hand and a small parcel. He was a calico manufacturer. He generally bought his materials in Stockport. He told me he had some other business to do before he should go home. I make it a general rule to copy all large notes. I did not copy the Derby notes; I think there were four Bank of England £5 notes. I cannot say that I copied all the notes. The reason I copied the Bank of England notes was that I received them in a letter. I did not consider it necessary to bring the book. But for the book I could not tell the number of any particular note. I cannot tell the number of the three notes now missing. I recall copying it because it was such a low number. I could not have sworn to any particular note if I had not the book to refer to.
What was the day you were first called on to speak?
The Magistrates next meeting.
What day was that?
I think Thursday. Mr Newton sent a man next morning and I looked over the notes. I was not desired to bring the book. I cannot swear to the note on account of the tear. I cannot without the number, date and signature. I copied them when I received them by the Monday's post. I made no memoranda of what money passes through my hands in a day. I keep my money myself in my sleeping room in a box. I put the notes received on Monday, there. I keep it in a tin box. I put notes in as they come. I had no other £5 notes but what I paid to MR. Wood.
Perhaps tha fact depends upon your book?
It may, I knew I had to give him £20. I attended the Manchester Market on the Tuesday, but I received no money. Derby notes are very common in our neighbourhood. There are scarcely any local notes in Lancashire.
Re-examination - I received the note on Monday. I was in Manchester on Tuesday. The reason I copied the note was that I received it in a letter. I referred to the copy before I saw the handbill. My attention was called by a magistrate's order. I did not look at the copy in consequence of the handbill.
Having so refreshed your memory can you swear that this is the not which you paid to the deceased.
Mr Jones-I object to this course entirely. The degree of belief ought to preponderate in the memory of the witness of the fact itself, and not on a written paper which is not before the Court.. He has told us repeatedly that he looked at the book several times-can anyone doubt for what purpose. Can anyone doubt that it was to refresh an imperfect recollection. If the recollection depends on two things, both ought to be produced here. The witness says he recollects the note because he recollects copying it. Why then is the copy not produced? A witness certainly may refer to a memorandum to refresh his memory and the swear to the fact, for that becomes evidence.
Mr Law contended that the evidence could be received only from the book which could not be produced. The witness said over and over again that he knew the note by the number and date, yet he tells us that he has to look for them in the book. He knows then , through no other medium, and having so refreshed his mind recollects both!
The Attorney General - I think this evidence strictly competent, we will see. What is the reason you know the note again?
Witness - I know the number, date and signature. I recollect copying the note.
Do you recollect it without the aid of the book?
The last time I referred to it several times; the last time was Wednesday. I looked at the book to see what I had paid Mr Wood. I looked in consequence of a magistrate's order. It was before I saw the handbill.
MR JOHN JOHNSON examined by Mr Parkes
I am a stone mason, I live on the road between Disley and Whaley. I remember seeing some persons on the road about seven in the evening of the 16th of July. I saw two young men pass me in dark coloured clothes. I saw two more follow about twenty yards distant. One was a middle aged man. He was dressed in a dark coloured coat and had light tight garters on . He appeared to be taller than the others. I did not see them far. They were all going towards Whaley. It was near a mile from my house, that the body was found. The boundary wall is nearer Whaley than my house. I know Joseph Hadfield's house. They were going on the road towards Hadfield's house.
JOSEPH HADFIELD examined by Mr Parkes
I live on the road between Disley and Whaley about half a mile from Johnson's house. I live nearer to Whaley, about half a mile , and from a quarter to half a mile from the boundary wall. I did not know the late Mr. Wood. I recollect seeing some persons pass my house on the 16th July. I saw a man pass after seven o'clock, and directly afterwards three more. I cannot say anything about their ages. I only noticed that the first man's gaiters were slack; I took but little notice. I saw three young men following him. I cannot speak to the distance they were from him but they passed in two or three parties afterwards. He had a basket or bundle parcel and an umbrella. I did not notice whether the three men were of the same height.
By the Court - I saw that they were young men. The first man did not appear elderly. They were going towards Disley. I was standing at the door-stead when they went past. I went into my garden and saw no more. I cannot say which of them, the three or the young man, walked the quicker.
By the Court - How far was the single man from the others?
I cannot tell - they came past in two or three minutes. I was minding my business in the garden and so did not observe any carts. I saw the dead body on the Saturday night after he was killed. The body had leggings on like those I saw the old man wore.
THOMAS ETCHELLS examined by Mr. Parkes
I live at Stoneheads between Disley and Whaley. I live nearer to Whaley than the last man, about a mile nearer. I remember being on the road on the 16th July between seven and eight. I saw three men on the road.They were young men. When I first saw them they were coming running towards Whaley. I was about two hundred yards from them. I saw them run to within a bout forty yards from me. The asked me how far it was to Chapel-en-le-Frith. They said nothing else. I told them it was four miles and they said "Thank you sir" They then went running away. I saw them forty or fifty yards abreast of each other. I observed their dress. Two had dark coloured coats and one had a round light coloured jacket. It was on the left arm between the shoulder and the elbow for four or five inches. It was the left shoulder and was four or five inches long. This was about half a mile from the boundary between Disley and Whaley. They were coming in the direction towards Whaley.
JOHN JOHNSON examined by Mr. Parkes
I am a wheelwright and live in Whaley. I recollect being at the end of the road that leads from Disley to Whaley where the roads join, on 16th July last. I was standing at the smithy door. It was near eight o'clock when I saw three persons coming from the top of the hill. I could see along the road half a quarter of a mile from the place where I stood. They came down into Whaley and stopped running before they came up to the toll bar. They walked sharp and over the bridge. One turned towards the public house door but whether he went in or not I cannot say. The other two turned along the Buxton Road and the one that turned towards the public house door went sharply after them, but whether he went in or not I cannot tell.
By the Court - There was time enough for him to go in. There is no public house on the old road between Disley and Whaley where they sell ale; there is one two hundred yards farther? It is a private house, there is a sign to it. It is between Birchall's house and Whaley. It was a young man that turned to the house. Two were nearly the same size and one rather bigger. The tallest was dressed in a light coloured jacket and trousers the same, whether blue or black I cannot say. I think one of the lesser had trousers on of a dark colour too. They passed about twenty yards from me.
CROSS EXAMINED by Mr. Jones.
I was by myself and the men passed about twenty yards from me. They went as fast as they could. One of the three stopped near the public house, it is kept by Joseph Sidebottom. He is not here. He turned towards the door, I cannot tell what colour he had. There is a sign over the door. There is a public house in Disley. He takes a license but he does not sell ale. His wife is out of her mind is the reason he does not do so much business. There is a sign of the swan over the door facing the road. There is a public house at Disley also and one on the new lane-The Soldier Dick. They were strangers to me. I was about two hundred yards from the place where the man turned to the public house. The evening was closing, I did not see any more persons passing at the time. The old road is the nearest, the other is for the convenience of carriages.
WILLIAM BEARD examined by Mr. Parkes
By Wednesday evening about eight o'clock, I was on the turnpike road at Whaley. I was in the village through which the road passes. I met three young men running towards the toll bar leading to Buxton, it is in Whaley. They passed me and stopped running a little. They passed me and then began to run again. They appeared as if they had been running some distance, which made me take notice of them. I cannot justly say how far I saw them. One was taller than the other two; they were young men. The tallest had a round waistcoat with sleeves and trousers of fustian. One of them had a dark coloured coat and light coloured trousers. One was without stockings but I cannot say which. The third had a dark coloured coat and trousers. One had a small parcel but I cannot tell which. It might be a bundle or something tied in a handkerchief or something in that way.
WILLIAM WAINWRIGHT examined by MR. Parkes.
I am a shoemaker of Macclesfield. I recollect seeing the prisoner on 17th July last. Soon after breakfast he asked for a pair of pumps.
Court - A pair of what?
Mr Parkes- Sunday shoes M'Lord.
Witness:- Pumps are thin shoes. I told him I had no pumps but such as were too large but that I could get him a pair in an hour. He then asked for a pair of quarter boots and purchased a pair. He came again and purchase another pair, I cannot say what time it was, it was breakfast time.
Mr,Parkes - How am I to know when that was? Was it twelve.
We breakfast sometimes at eight and some times as nine. There was a poor boy at the door. The prisoner said "I'll give these things to some poor person". I did not know what things, I thought it was his shoes and stockings. He said he should have received £30 but he only got £15. I said "If you are in the habit of giving things away you cannot do better than giving them to the poor lad, for he has neither father not mothering comparison. He bought two pairs of boots, paid for them and went away. I went with him to Burgess's shop there as he said he wanted some things - some clothes. I left him there. I think I did not see him again, but I cannot say. I believe I did not until I saw him at Whaley. It was when he was buying the boots that he spoke of the money that he should have received. He gave me a bundle of clothes for the boy at the door; the whole was done in a few minutes and after he had been at Burgess's.
By the Court:- He gave them to be after he had been at Burgess's. The conversation about the money took place the first time he came. When he gave them to me he had a blue coat, it was not new. It was not the first time he came that he had a new coat, but he had when he gave the boy the clothes. I did not open the bundle, but delivered it in the same state I received it; I saw that it contained clothes. The lad did not open it in my presence, it was not tied up. In a few minutes after receiving it, I gave it to the boy, I did not see what they were. I looked at them after the stir. The boy had them for two hours. I believe I could tell the blue coat from a hole in the elbow, It is the only thing I could Identify.
Re-examination- I did not take notice whether there was a blue coat. I cannot swear it is the same blue coat.
THOMAS BURGESS examined by Mr. Parkes.
I am a shopkeeper in Macclesfield. Mr Wainwright brougt the prisoner to my place on 17th July about 7 o'clock. He said he want ed to buy a suit of clothes for himself. I served him with a pair of trousers which he said were for his brother. He had a blue coat for himself, blue trousers and a yellow kerseymere waistcoat. The blue trousers were for his brother. When he came to my shop he had a blue coat and dark coloured trousers. He paid me in one pound country notes but I cannot say for what bank. He went away with trousers for his brother and said that he would return in a few minutes for a suit for himself. He returned shortly after for them. He came again and dressed himself in them and said that he wanted a coat and waistcoat to make up a suit for his brother. He purchased a coat and waistcoat. He then said that he wanted a suit of clothes for a cousin which he purchased, and for which he paid in a five pound Derby bank note (the note was produced). After he had paid for the clothes he returned again in company with a person less than himself, and changed the clothes saying they were too large; they then went away. In a short time he returned with another slenderer than any of them, and bought for either of them a greatcoat, for which he paid in a five pound Bank of England note. He said in the whole, £5 5s but I cannot say exactly what sum. The first time he paid £3 3s. The trousers 15s. I cannot say what for the cousin's suit.
JOHN LONGSTAFF experimental by Mr. Parkes
About two o'clock on Thursday, They wore blue coats, blue trousers and yellow waistcoats. They were young men and one was taller than the other. They asked to see some watches. One was paid for in a Macclesfield note and 8s. The other paid for his in a five pound Bank of England note; it was the taller. I took it to Mr. Brocklehurst's bank to be changed. I left the young men in the shop with the housekeeper, Elizabeth Tomlinson. I got the note changed and delivered it to Mr. Hankinson, the clerk who gave me Macclesfield notes for it. I did not take sufficient notice to know either of them again.
Mr. George Hankinson - I received a note from the last witness.
ELIZABETH TOMLINSON examined by the Attorney General
I am housekeeper to Mr. Latham of Macclesfield. I remember being in the shop on 17th July last. I remained in the shop while he went out. The prisoner was one of two young men there. He was taller than the other. He put his hand in his waistcoat pocket and brought a five pound note and paid it to Longstaff. I was in the shop at the time. They appeared in a hurry to go out and kept wishing for the Macclesfield coach to come and asked what made it so long. They wished Longstaff to return. At length he did come with the change. I am quite sure the prisoner is the man that paid the five pound note.
MR HANKINSON examined by Mr. Parkes.
This is the note I received, it is numbered 721. I know it by the red mark 10671. We put numbers upon all large notes- five pounds and others. The mark shows to have been in the bank. I am positive this is the same note I received from Longstaff. That fact depends upon the number and the entry in the book which is not here. I have had the note in my possession ever since the day. It was put among the rest.
THOMAS BOWCROFT examined by the Attorney General
I am a waiter at the Greyhounds in Manchester. On the 15th July I saw the prisoner; he was then in the tap room. He had on a blue coat, blue trousers and yellow waistcoat. He was not many minutes in the house. He had some roses in his hand and he gave me one. After he had left, John Platt came in to enquire for him. Platt and Taylor came in about half an hour after Dale left. I say them again on the following Thursday the 17th July. They all came in together about quarter past five. The prisoner had a blue coat but I did not notice his waistcoat. Platt had a blue coat, blue trousers, and a light coloured top coat. Taylor had a blue coat and trousers and a brown or snuff coloured top coat. The prisoner on the 15th had a blue coat, blue trousers and a yellow striped waistcoat. Platt had a light coloured pocket fustian jacket and trousers. Taylor had a black coat, blue striped waistcoat and an old pair of trousers. None of the persons had the same clothes on, that they wore on the 15th. I asked Dale where he had been to have a new suit of clothes. He said he had been among his friends. He had a very ordinary dress on indeed on the 15th. I challenged them all three with having new clothes on. The other two gave no answer. Soon after this Dale and Platt left the house. Dale went first and Platt next. Taylor remained a quarter of an hour. He stopped till Lavender's men fetched them. I should know the gent again.
MR STEPHEN LAVENDER examined bu Mr Parkes.
I am a Police Officer. I took the prisoner into custody on Friday 6th August. I brought him from Liverpool to Manchester the following day. I took him to the Police Office where he made a communication. I asked him if he was disposed to give any account of the transaction/
We were together, I merely put the question to him. I fist told him he need not say anything unless he chose. I told him if he did, it would be better for him to tell nothing but what was true. He said that he and Platt and Taylor had left Manchester about dinner time on the 16th. They laft Manchester for the purpose of going to Chapel-en-le-Frith Wakes. On the road, a short distance the other side of Bullock's Smithy, they were overtaken by an elderly person with whom they got into conversation. They walked a considerable distance together until they came to the old road leading from Stockport to Whaley. They they proceeded on the road some short distance when Platt told the prisoner to go on to the next public house and wait till Taylor and him came up with him, and that Platt gave him sixpence to enable him to get some entertainment. That he went to the public house and waited near an hour and a half before they came. When they arrived they appeared to be in a great hurry and he observed some blood upon Platt's shoulder and trousers. He asked them what was to do. The only reply was "come along". He then went on with them and they kept running nearly the whole way till they came to Buxton. That they all three slept in a small public house at the other side of Buxton, which place they left early in the morning and came to Macclesfield, where they had been at, and the remaining part at the shoe makers. All the money that he had had from them had been £3 and some silver. They returned to Manchester that evening, and that he went to Liverpool the following morning at which place he remained till he was taken in custody. I am not aware that he assigned any reason for being in Liverpool. I found the prisoner had been at Manchester that night, and found him in Liverpool the next morning. I have no reason to believe that what he told me was not true. From the first to the last he denied having anything to do with the actual murder. Of his own account he told me this story. I never heard of the prisoner being involved in any criminal charge before. I have seen his friends, they are respectable for their situation in life. The other two were known to the police. Tayloir was apprehended on this charge and lodged in the New Bailey where he hung himself. At this time the prisoner say, they threatened to take his life, or anything of the kind. He was taken to the Cock at Whaley and examined before the magistrate on Monday following the 10th of August. As far as I have seen of him he appears to be a mild tempered lad. He seems to be a young beginner in these things. He told his story; whether true or false in a straightforward manner. He is about five feet and a half in height. The affair found its way into the public prints. There were long accounts of what are supposed to be the case.
GEORGE WILLIAM NEWTON ESQ examined by Attorney General
I am a magistrate at Whaley. I took the examination of the prisoner at the bar. The prisoner signed it as his own (accord). He preferred having it put into writing to read to him the examination of the witnesses. The examination (prisoners) is in my own hand writing. It was taken on 11th August after the prisoner was properly cautioned.
The examination was now put in and read by the Prothonontary:- Platt, Taylor and me left Manchester on Wednesday 16th July intending to go (?-----------) From Disley to Whaley where we met with an elderly person in a blue coat and light trousers and we got into conversation with him. He invited us into a public house to take some ale. Platt gave me sixpence and told me to go on and wait for them at a public house a mile off. I waited at the public house a considerable time. When they came up to me they were running and I saw they were bloody. They said "come along". I ran with them a good way and them said I would run no longer. Platt damned me and they said "good bye". When I came near Buxton they were waiting for me and they cursed me for keeping them for so long. We had supper and slept together that night near Buxton. THe next morning we went to Macclesfield where they asked me to buy clothes for them which I did. (the examination described the particulars of the purchase, and the taking of fares in the Telegraph for Manchester). Platt asked me to got to Chester with him but I refused. I have not seen them since I left.
MR WILLIAM WRIGHT examined by Mr Parkes.
I am a surgeon at Disley. I saw the body of the late Wm. Wood about ten o'clock on the evening of the 16th July, the day the murder was committed. I found it at the Cock in Whaley. I examined his head and found ten wounds upon the head. The wounds appeared to have been inflicted with some blunt instrument. They were such wounds as wall-stones would make. They werre of such description as to have been done with them. They caused his death. The most material wound was on the back of the head. A portion of the scull was driven in to the back of the head. A portion of the scull was driven into the brain.
GEORGE HUGHES examined by Mr. Jones
I am a stucco manufacturer at Manchester. I have known the prisoner seven years. for what I have known of him he has always borne a very good character until the present charge. I have had many opportunities of judging of his disposition, and always considered him a mild and peaceable lad.
GEORGE BURGESS examined by Mr. Jones
I am a constable at Bucklow in this county, I formerly lived in Chorlton Row. I was a constable there eight years. The prisoner lived near me a long time. I never heard any criminal charge against him until this affair. With regard to his temper I never had anything to do with him and cannot say. He always attended the Sunday School. He was considered a good tempered, well behaved lad. I never heard any charge against him.
GEORGE HENSHALL examined by Mr. Jones.
I am a cotton spinner. I have known the lad three years; he was a quiet lad; good tempered in my presence always. He was always very kind to his parents.
The Chief Justice at half past five began to recapitulate the evidence.
The prisoner, his Lordship said, was indicted for murder and the question, which you have to try, is whether, from the evidence which you have heard and which I shall repeat to you, he is guilty in your judgement or otherwise. In order to constitute the crime of murder, malice must be expressed or implied from the conduct of the parties and the facts of the case. It is not necessary that the party should be actually present at the commission of the crime, but if he shall have in any manner wilfully and knowingly participated, he is then equally guilty with those by whom the fatal act was perpetrated. (his Lordship then read over the depositions of the witnesses as given in the preceding pages). You have not to try the prisoner for the robbery, but for the murder. By some persons, it is but too evident, a most barbarous murder has been committed - barbarous in the extreme. The deceased was killed by someone or other in a most savage manner. Whether the prisoner at the bar had any connection with the parties, you have to take into your serious consideration. It is not a question for you to consider, whether the prisoner at the bar had any connection with the parties, you have to take into your serious consideration. It is not a question for you to consider, whether the prisoner was a man who actually struck the blow. It is sufficient that he was present, aiding, abetting, and consenting to the perpetration of the crime, for in point of law, he is equally as guilty as if he had inflicted the mortal wound. It was attempted to show on his behalf that strength, greater than it implied the parties possessed, had been employed to commit this murder. It was however committed, and it is your province to say by whom, and with respect to the prisoner it is of no avail if he in any way participated in the crime. Their clothes you will consider were marked with blood. Then the accounts which the prisoner has given of himself are matters for consideration, as they are pregnant with suspicion. He said that he received only three pounds and some silver, but it is evidence that he paid away upwards of nine pounds. The witnesses swear that he had more, but the story of the three pounds is his own statement. The question is not whether the prisoner were the actual murderer, but whether he were one of the party. If the other men murdered the deceased, you will consider whether the prisoner were by at the time. Now by his own admission it is evident that he was on the road with them at the time, and he is seen with them at the time., both before and after the crime. Not only is he seen with them, but of all the party he appears to have been the most active in distributing the money, in purchasing the clothes and in other particulars.
Mr. Law - Your Lordship forgets that he is not identified until he comes to Macclesfield.
I do not lose sight of it. You must consider whether he was with these men at the time - whether the money which he paid was part of that which belonged to the deceased. With respect to what the prisoner has said by way of accounting for his absence at the commission of the crime, you will compare his statement with that of the witnesses. He says that he was in a public house where he waited for them. This is an evident falsehood. If there was such a public house where he says, there must have been someone who would know him. Why was not the landlord or some person belonging to the house brought to prove this most important fact. It is for you to decide on the credibility and consistency of his statement. We find that he had a great proportion of the money himself. We have him running and stopping and running with these two men. Again (a small part of the account is missing from this transcript) money that belonged to Wood. He who was guilty of the robbery was also undoubtedly guilty of the murder. The evidence which has been adduced in his behalf is only to character, but where the facts of a case are so distinct as to be conclusive of guilt, evidence of this nature neither can not ought to be of avail. , and with respect to such evidence, you must consider that contrariety of opinion opposed to decisive facts. Taking all the circumstances of the case together, you will weigh them in your minds, and according to your judgement, you will pronounce whether in your opinion, the prisoner be guilty of the crime alleged against him or not.
After a consideration of about two minutes duration, the Jury returned a verdict of Guilty.
The prisoner heard the awful decision without any apparent emotion, and shortly afterwards, a glass of water or lemonade was brought which he drank off at a draught. During the trial he now and then ate something which he took from his jacket pocket. He wore what the witnesses termed, a round pillow fustian jacket (or waistcoat with sleeves) and a yellow waistcoat.
Joseph Dale was executed at Chester on 21st April 1824 by hanging.
notes: The Prothonontary was the Chief Clerk of the Court
The Cock Inn at Whaley Bridge was the original name for the Jodrell Arms. It was sometimes referred to as "The Old Cock" and the Buxton Road pub, built in about 1850 was "The New Cock"
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