Murder at Knowsley 1843
Liverpool Mercury December 29th 1843
Assize intelligence
Northern circuit December 26th
Before Justice WIGHTMAN
The murder at Knowsley
John ROBERTS, James HUNT, Thomas JACQUES Joseph RIMMER and Henry FILLINGHAM were indicted for the wilful murder of Richard KENYON at Knowsley by shooting him with a gun
Mr BRANDT and Mr TOWNSEND conducted the prosecution the prisoners were defended by Mr JAMES.
Mr BRANDT said that the case was subsequently detailed by the witnesses.
A person named TYLER a watcher of Lord DERBY at Knowsley said about 4.30 am of the 10th of November last he heard a gun go off in the neighbourhood of one
Of the covers of Lord DERBY, in the direction of the Forest House in Knowsley. He had with him at the time Joseph BUTLER, Thomas
MELLISH, and William MELLISH, they all went to the lodge of Richard KENYON one of the head keepers to call him up.
They then, with KENYON went in the direction in which they heard the shot, towards the school. The moon was overcast and there was a slight mist of rain. The previous part of the night had been really wet. The party laid down under a hedge and remained there a few minutes, when they heard the sound of footsteps and immediately afterwards found that a party of men, numbering 10 to 15 were close upon them within a few yards of the hedge. The keepers sprung over the fence and rushed into the cover calling to one another to come on. The poachers had guns and sticks and called to the keepers to keep off. The had a black dog with them something of a greyhound The dog came up as if to attack KENYON, when the witness who was beside KENYON struck it. It ran back to one of the party, whom the witness took to be John SHAW
The witness called to him saying he knew him very well and there was no need to strike a blow. There was then silence of a second or two, but they then began calling out to go to them kill them, shoot them, they then fired a gun, witness did not see the effect of it, but cried out to KENYON to shoot, KENYON fired both barrels immediately. There was afterwards a fourth shot by the poachers, the keepers finfing they were likely to be overwhelmed by numbers endeavoured to make their escape. The poachers shouted HURRAH repestedly when the keepers made their escape. On the way home it was found KENYON was severely wounded in the abdomen he said he thought his bowels were coming out. He was taken to the lodge and a surgeon was sent for.
On cross examination witness said he knew John SHAW, he was formerly a keeper for Lord DERBY. It was the voice of person witness took to be John SHAW, who shouted to go to them and shoot them, then several voices shouted the Same thing.
Thomas MELLISH another watcher gave a similar account, one of the poachers caught him at pit side as he was getting away and someone called out Damn the Devil, kill him, He saw what he took to be a gun in the hands of John SHAW.
Joseph BUTLER another watcher corroborated the evidence. He saw two guns among the poachers after the gun was fired KENYON gave back a little as if he was wounded but did not fall. Next morning a net was found on the spot where the affray took place.
Naaman SHAW an approver was put in the box.
He said he was 19 and lived with his father John SHAW in Eldon Street. On Thursday the 9th of November he was in the company of the prisoners. The party of 7 went to Windle first, there they met John and William WEBSTER, James HUNT, John ROBERTS, Thomas TITHERO and Henry ROBINSON. They sent HUNT and ROBINSON to go to FILLINGHAM to see if he would accompany them. He lived at Eccleston Lane End.
He and ROBINSON started between 6 and 7 SHAW and John WEBSTER 10 minutes after. They left William WEBSTER, ROBERTS and TITHERO behind. They agreed to meet again on London Road leading to Prescot.
He and WEBSTER went to a public house and met the party again, they went on towards Prescot, on the way they visited the Black Horse between Old Swan and Knotty Ash meeting his father John SHAW and James SEDDON. This was about the 9th of October he spoke to his father who had a black dog with him and told him the Keepers were at the Blue Bell and had their guns and big dogs with them. He said HUNT and ROBINSON were waiting for them at the Smithy near the Turks Head at Knotty Ash, they went on and met them. They all went to the further end of Prescot and HUNT went on to FILLINGHAMS. They met HUNT again at Eccleston Lane End and Harry was not in. They then went to Windle HUNT called on George JACQUES he said Thomas JACQUES an d Henry FILLINGHAM had gone shooting at Windle Hall, William WEBSTER and ROBERTS had guns, they went to Windle and came back to JACQUES house about 2pm. JACQUES, RIMMER, FILLINGHAM and others were there they agreed to go to Knowsley School cover. There were ten of them they got over the park wall and shot through many covers in the park until they got to the school cover.
We shot three pheasants, the game keepers rushed up from under the rails into the cover as we came out. KENYON led them and he had a gun. Their party could not bring up their guns FILLINGHAM had WEBSTERS gun, ROBERTS had his own gun and JACQUES had one he brought from George JACQUES house. ROBERTS stood on the right and fired his gun direct for KENYON who was standing in front of them about 4 yards off. KENYON then fired one or two barrels. The KEEPERS then retreated rushing out of the cover when FILLINGHAM fired after them.
When the Keepers first came up they shouted, Jack SHAW asking was he there and saying they would give it him. ROBERTS fired immediately afterwards. They then went through the gates on to the highway and started off for the Red Hazels. Our party saw we were a man or two short, HUNT said he saw JACQUES and RIMMER run away. We went towards Prescot and met three women, going away from Red Hazels they asked us not to harm them
William WEBSTER said he thought KENYON was killed but he thought not. RIMMER came up and said none of their party was hurt. FILLINHAM said that he and RIMMER would go home through Prescot. We went across the Hazels and came out at the farmhouse on the road leading to Huyton Church. We met a cart at the village and came into Pilch Lane, we then came into the turnpike Road. We were first me and WEBSTER we went through a side bar, at Knotty Ash they met a cart, they had game in their pockets and in a bag, the went over the fields and then went on to the Lunatic Hospital they went over the fields and left their game John WILLIAMS house Henry ROBINSON went in. They went into a shop and bought bread. William WEBTER was with them. They saw a policeman on the way to Liverpool.
On cross examination he said he knew at the inquest on KENYON there was a charge against his father John SHAW, he gave information a few days later he also knew there was a reward of one hundred pounds. He admitted he did go poaching and with his father, he was once in prison for two months he was in for assault. He was a butchers by trade, he was with a master twenty months ago but not since, he had been a labourer, his father had been a labourer for the corporation but is not working at present. Thomas SEDDON lived with them.
Evidence was then given to corroborate the testimony. None of the witnesses spoke to identify any of the parties John SHAW and James SEDDON said they met Naaman SHAW between Old Swan and Knotty Ash as stated, they went on to Liverpool and admitted they frequently went poaching.
John SHAW on the statement of the watchers that he was one of the party and was committed on the coroners inquest and on the reward of one hundred pounds being advertised Naaman SHAW came forward to make the statement he made. On being taken into custody HUNT and RIMMER denied all knowledge of the transaction, FILLINGHAM was found concealed under some straw in the barn, a supply of bread and cheese beside him. Evidence adduced that JACQUES had admitted to another prisoner that he was one of the party and had stood beside the man who fired the shot.
From the evidence of Mr WELSLEY a surgeon at Prescot that about 6am he was sent for to attend KENYON he found him in bed. He had wound of the left side of his abdomen showing a number of perforations as with shot, he died on the 14th.
The case for the prosecution closed Mr JAMES addressed the jury for the defence contending there was no corroboration of the accomplice who had the strongest motives which would operate on such a mind to induce him to throw the blame on other than the culprits.
His Lordship summed up with great care, the jury returned a verdict of guilty to all the prisoners, recommending mercy.
His Lordship then passed the sentence of death.
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