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From the Kentish Gazette 20 November 1838.
THE LATE MILITARY OUTRAGE AT CHATHAM — DEATH OF ANOTHER MARINE.
Since the former holding of the inquest another marine has fallen a
victim to the ferocity of the assailants, and four others, named
Ball, Jones, Lees, and Sheldrake, but particularly the two latter,
still continue in a very bad state, although by the attention and
exertion of the medical officers of the staff they are likely
ultimately to recover. On Sunday week, about nine o’clock, Charles
Jeffcott, another marine, breathed his last at the Melville Military
Hospital, having sunk under the effects of extensive and violent
erysipelas, arising from the injuries he received in the fatal
attack. Eleven men are now in custody on the charge of being
concerned in the outrage; three of them belong to the 74th regiment
— namely, Joshua Sykes, Robert Farrell, and Robert Johnman; and the
remaining eight belong to the 74th regiment — John Callaghan, Morris
Lyons, Dennis Doyle, John Connell, John Noonan, Timothy Lawler,
Bartholomew Brasner, and John Ninan. The following is a correct list
of those dead and at present in the hospital:— Robert Ross, aged 31,
dead; Charles Jeffcott, aged 24, dead; Robert Lees, 21, wounded
severely; Thomas Sheldrake, aged 36, very severely; William Jones,
25, slightly; and George Ball, aged 20, slightly.
ADJOURNED INQUEST ON THE BODY OF JOHN ROSS.
On Monday, soon after ten o’clock, the prisoners were marched under
a strong escort from the garrison barracks to the Melville Hospital,
where the coroner, Richard Hinde, Esq. and the jury re-assembled.
The panel having been called over, the following evidence was
adduced:— Josiah Power, a private of the royal marines, examined — I
was in the tap-room of the "Old Barn" public-house on the evening of
Saturday, the 27th ult., and heard John Callaghan, now present, say
that he would "split the marines' skulls" that night. I and John
Leeks went to the "Navy Arms." Nothing had previously passed between
us and Callaghan’s party. The deceased (Robert Ross), James Barrett,
Robert Grisnell, and another marine, who had his head cut, and is at
present in the hospital, were playing at cards at a table and were
drinking beer. In about 20 minutes a party of soldiers came in,
consisting of 16 or 17. They were all armed with sticks, and they
commenced striking the tables with them. The soldiers began dancing
and swearing loudly. I got over the screen and made my escape. As I
was doing so one of the soldiers struck at me and the blow fell upon
my heel. The soldiers surrounded the marines, and struck at them
indiscriminately, and I saw Callaghan strike the deceased (Ross)
with the thick end of a clothes prop over the head. Rose fell, and I
saw Callaghan then strike at him a second time. The second blow that
was intended for Ross, hit the marine next to him. The first blow
knocked Ross’s forage cap off, and I saw the blood fly from his head
on to
the table. I did not see any other person but Callaghan strike Ross.
On the soldiers leaving the house, Leeks and myself got a bucket of
water and washed Ross’s head, and cut his hair off from about the
wound. We then tied a handkerchief round his head, and he was led to
the hospital, while I and Leeks wiped up the blood that was standing
in a pool a on the floor. [The witness was here desired to look
particularly at the prisoners, and point out those that he saw
there, he again pointed out Callaghan, and added that he saw most of
the others there, but he could not identify them separately with
certainty. The jury then directed the witness to go and see if he
could identify the body of Ross, which was lying with that of
Jeffcott in the dead house adjoining Melville Hospital. On his
return he said the wound which was apparent on the head of Ross, was
the same he saw inflicted by Callaghan.]
Cross-examined by Callaghan — I am positive the blow I have just
seen upon Ross’s head was given by you.
Cross-examined by Brasner — I saw you at the "Navy Arms," as well as
at the "Old Barn." You had a stick in your hand at both the houses.
By the Coroner — At the time Callaghan struck Ross he held the stick
in both his hands, and wielded it with great force over his right
shoulder.
The evidence of this witness differs as to the identity of the
soldier who gave Ross the fatal blow, from the witnesses on the
previous holding of the inquiry — all the witnesses examined on
Saturday having sworn to the prisoner Connell, and not Callaghan.]
Robert Grisnell, another marine, gave a similar account of the
attack as the preceding witness, and added that Ross remarked to the
soldiers that they (the marines) wished to be quiet and not
interfered with. Serjeant Rose soon after came in, and paid for a
pot of beer, and gave to the soldiers, and endeavoured to prevail
upon them to be quiet. The soldiers soon after got round the
Serjeant, and witness heard some of the soldiers say, "Don’t strike
him (meaning the serjeant; for he’s a good fellow." Morris Lyons it
was that struck at Ross, and witness did not see any other person
strike him then. Lyons struck Ross on the side of the head. The blow
did not appear to have much effect upon him at first. Witness saw
Lawler strike Farrer, a marine, as he was running out of the
passage; and afterwards he saw Ross in the act of falling, as if he
had received another blow.
William Rose, serjeant of the marines, said — On the evening of the
27th ultimo, upon my coming out of the "Crown and Thistle"
public-house, at Chatham, I was told that there was "dreadful goings
on at the "Navy Arms," and that they were killing the marines." I
went there, and saw 18 or 20 soldiers, whom I treated with a pot of
porter, and requested them to sit down or go home quietly to their
barracks. The greater part of them were armed with bludgeons. They
were endeavouring to raise a disturbance, and one of them seized
hold of me and very cordially kissed me. They said they did not want
to hurt me, but it was the "----- privates." I used all the means in
my power to get them away or to restore order, but finding that all
my efforts were ineffectual, I left the house for the purpose of
getting a picquet, but my intentions were frustrated by a
peace-officer calling upon me to aid, and assist in keeping the
peace.
Captain Burton, of the royal marines, in the course of the day,
complained to the reporter of the serious misrepresentation that had
gone forth that the infuriated soldiers were accompanied by a
serjeant of marines, and from which it would be inferred that he
took part against the marines, whereas the fact was, that he went to
the "Navy Arms" to try to restore order. The mis-statement has
created considerable discussion in the military circles.
Henry King, a corporal of the royal marines, stated that he was at
the "Navy Arms," and saw a soldier, whom he had not been able since
to identify, come in with a stick in his hand, and threatened to
break some of the marines’ skulls.
Robert Lees, one of the marines who was bludgeoned, and who is an
inmate of Melville Hospital, was next called:— He appeared to be in
a very weak and reduced state; he received a blow upon the shoulder,
and was afterwards knocked down by one upon the head inflicted by
Lawler. Immediately before that he saw Morris Lyons standing before
the deceased Ross with a stick in his hand.
David Harris, a private of the royal sappers and miners, identified
the prisoner, John Connell, as the soldier who struck the deceased;
he also remembered seeing Farrell and Sykest striking at some of the
marines in the passage.
George Howard, a constable of Chatham, stated that his attention was
drawn to the "Navy Arms," on the 27th ult., by a party of soldiers
armed with sticks running out of the house.
James Thomas Collins, porter at the Medway Union House, deposed to
seeing Connell strike the deceased Ross, and to Ninan and Lawler
being present at the time.
Dr. William Rae, head surgeon of Melville Hospital, stated that the
deceased Robert Ross, had a contused wound an inch and a half in
length, and a quarter of an inch in depth, extending over the
paretal bone, on the right side of the head. He died on the sixth
instant, about half-past five in the morning, erysipelas having
taken place on the 30th ult., which extended from the wound over the
face, head, neck, and upper parts of the breast and shoulders, and
which continued to extend until his death took place. Witness had
since made a post-mortem examination, and found that the body was
generally healthy. Witness was of opinion that the deceased died
from the wound on the head and the erysipelas extending over the
head and body. It was such a wound as could have been indicted with
a blunt instrument, such as a large stick or poker.
At half-past five o'clock the inquiry was adjourned until half-past
10 o'clock of Tuesday.
The prisoners were re-conducted to the guard-room under a strong
escort.
TUESDAY. INQUEST RESUMED ON THE BODY OF ROSS
It has been the subject of observation that no person has been in
attendance either from the Admiralty or the War-office to watch
these proceedings.
Arthur Kift, the assistant surgeon of Melville Hospital, deposed
that he saw the deceased between nine and ten o’clock on the night
of the 27th ult. The wound was an inch and a half long, and of
considerable depth. Two arteries were bleeding, which he secured by
a ligature, and the bleedings soon after ceased. The bone was
exposed by about half an inch, and after the wound was dressed the
deceased was sent to bed.
Johannah Haddington was recalled, and being desired by the Coroner
to look at all the prisoners she had not seen during her examination
on Wednesday, she immediately pointed out three, named Johnman,
Farrell, and Sykes, belonging to the 74th regiment, and who were not
in custody when she gave her evidence on Wednesday. The prisoner
Sykes had a thick stick in his hand, and he told Corporal King, who
was present, that he wanted the stick to pound the ----- marines
with. Sykes made use of these words while he was standing before the
fireplace. Witness could not distinctly state whether Farrell was in
uniform or undress.
The Coroner then desired the prisoners, eleven in number, to stand
forward, and upon their doing so he explained to them that the
present was only a preliminary inquiry. They were not upon their
trial, but having heard all the evidence against them, they might,
if they thought proper, make any statement that would explain any
portion of the evidence, or bring forward witnesses on their behalf;
at the same time it was his duty to caution them against adopting
any course that would be prejudicial to them, as they were
implicated in a very serious charge.
The prisoner Johnman then called John Shaw, who stated that Johnman
was in the barracks with witness and another private of the 74th,
playing at cards, from half-past five o’clock until a quarter before
eight o'clock on the evening of the 27th ult. When the quarter-drum
beat witness went to make his bed, and Johnman pulled off his jacket
and proceeded to his own room.
By the Coroner:— While the quarter-drum was beating the prisoner
have got out of the barracks.
Examination resumed:— There is a private of the 74th regiment named
M'Gregor, about the same height and very much like Johnman.
By the Jury:— The soldiers were not allowed to play at cards in the
barracks, but they got the corporal out of the room, and during his
absence they had two or three games.
William Morris, a private of the 74th regiment, stated that he was
in the barracks on the 27th ult., with Shaw and Johnman, who played
with five or six others at cards. The prisoner Johnman slept in the
same room with witness, and upon the quarter-drum beating Johnman
went to his bed.
John Noonan, requested Mr. Budden, the landlord of the "Red Lion,"
to be sent for.
His son, William Budden, shortly afterwards entered the jury-room,
and Nooman put a number of questions to him. The witness’s evidence
did not materially benefit the prisoner, as he had no recollection
of Noonan’s person, although he remembered some observations passing
between himself and some soldiers, which Noonan repeated.
Noonan expressed a wish that Bines, the summoning officer, should be
examined.
Bines was then sworn, but his testimony merely went to prove that he
saw the prisoner in the "Red Lion," at twenty minutes after ten
o’clock on Saturday evening, the 27th ult., about two hours and a
half after the fatal attack.
The Coroner inquired if any of the other prisoners had any witnesses
in attendance, and was answered in the negative. The learned
gentleman next asked if the prisoners had a desire to add anything
in their defence, and they all declined saying anything with the
exception of Michael Farrell, who protested that he was quite
innocent of what had been laid to his charge.
This concluding the case as far as regarded the deceased Robert
Ross, the jury retired for a few minutes to take some refreshment.
Upon their return at three o'clock, the coroner commenced summing
up. He remarked, that as there was a great mass of evidence which in
some measure was contradictory, it would be necessary for him to go
through the whole of it. The coroner then read the statements of the
several witnesses who had been examined, which occupied a
considerable time, and at the conclusion added, that the jury should
calmly and deliberately weigh the evidence, and from that alone draw
their conclusions. With regard to the offence that had been
committed, it was one of a very serious and alarming character, if
it was considered only in the light of an assault. But where a
person struck a blow in this case, and that blow produced death, he
had no hesitation in saying that that party was guilty of
manslaughter. As to the idea of murder, the law on that head he did
not think applied at all to this case. They would attentively weigh
the evidence which had been adduced respecting the death of the
unfortunate man, and also that which had been brought forward by
some of the prisoners, and if the jury felt that there were any
mitigatory circumstances, they would give the parties to whom they
applied the benefit of them. They would first have to consider who
was the principal in the first degree guilty of this offence, and
secondly, who were the principals in the second degree, present,
aiding, and abetting. The coroner then read the law applying to
cases of this description, and concluded by observing that the jury
should take care und return such a verdict as would satisfy the
public mind, while at the same time it did justice to all parties.
After an absence of one hour and thirty-five minutes the jury
returned into the inquest-room, and the foreman (addressing the
coroner) said:— The jury have come to an unanimous verdict of Wilful
Murder against John Callaghan, Morris Lyons, and John Connell (of
the 67th), as principals; and against Joshua Sykes, Robert Farrell,
and Robert Johnman (of the 74th), Dennis Doyle, Timothy Lawler,
Bartholomew Brasner, and John Ninan (of the 67th), as aiders and
abettors.
The remaining man, John Noonon (of the 67th), was the only man out
of the eleven prisoners not included in the verdict.
The coroner then bound over the witnesses to attend and give
evidence at the spring assizes against the prisoners, and made out
their committals to Maidstone gaol, but it was believed that they
would not be removed thither until after the inquest had sat upon
the body of the other marine, named Jeffcott.
The proceedings did not terminate until six o’clock at night.
Inquest on Jeffcott.
An inquest was held, on Friday, on the body of Jeffcott, the second
marine whose death is alleged to have been occasioned by the ill
usage of certain soldiers. The evidence was in substance the same as
that adduced in the former case, although the only soldier whom the
witnesses attempted to identify was Joshua Sykes. The coroner, in
summing up, remarked that he was of opinion that if the soldiers had
meditated murder, they would have been differently armed; and he did
not see that the jury should return a verdict to that effect. The
evidence did not actually fix the guilt on any particular
individual; but it was for them to decide how far the prisoner Sykes
was guilty, and of what crime. The jury, after an absence of about
half an hour, found a verdict of Wilful Murder against all the
soldiers present in the disturbance on the night of the 27th of
October, whose names are at present unknown to the jury, and that
Joshua Sykes was present aiding and abetting.
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(180 High Street)
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