The Roche Abbey Murder
Sentence of Death
His Lordship in summing up commented at considerable length on the prisoners statement. He said the jury had the statement made by the prisoner himself as to the part he took on the night of the murder. That that was not a mere dream was proved by the fact that where he said the property would be found it was found. He stated that the knees of his trousers were bloody and his trousers were found concealed in a manner they had heard described with blood on the knees. This was the whole evidence in the case, but the jury would probably consider whether after according to the prisoners own statement, the communication by Denton - (if this man Denton really had anything to do with it, for which they only had the prisoners word) - of his intention to murder Cooper, he continued with him, was present when the blow was struck, whether he did it himself or not, and did not take one single step to prevent it, and took the plunder - whether he could now ask the jury, by his Learned Counsel, to believe that he did not participate in the murder. If the jury could bring themselves to that conclusion, it would be their duty to find the prisoner not guilty; but if this evidence satisfied them that the prisoner did take a part - either was the person who committed the murder, or assisted in it, if he was not the only person, they would find a verdict of guilty.
The jury having consulted for some short time in their box, their Foreman intimated that they wished to retire.
His LORDSHIP - If you at any time wish me to read over portions of the evidence to you, I shall be most happy to do it.
The FOREMAN - There is one qestion we wish to ask your Lordship. Supposing the prisoner's statement to be true, and that he was only present at the murder, would he be guilty providing he did not strike the actual blow?
His Lordship - He would be guilty if he was present and assisting at the murder.
The FOREMAN - Even though he did not strike the blow?
His LORDSHIP - Even though he did not strike the blow. Of course you must be convinced that he was consenting, aiding and assisting by his presence.
The jury after another brief consultation found the prisoner GUILTY.
His LORDSHIP then passed the sentence of death. He said:
James Sargisson, you have been convicted, upon what seems to me to be very clear evidence, of the murder of John Cooper - a murder committed under circumstances as cruel and cowardly as one can conceive, because there can be no doubt that you, either alone or in company with some one else - and I have no right even to suggest there was anyone with you, because I have no evidence before me that there was anyone, except your own statement, which is evidence against no one else - that you, either alone or in company, assaulted that unfortunate young man and took his life. It remains for me to perform the duty which the law imposes upon me of pronouncing on you its sentence. That sentence is that you be taken from the place where you are now to the place from whence you came, and from thence to the place of public execution, where you shall hang by the neck till you are dead; and that your body be buried within the precincts of the prison where you shall last be confined; and may the Lord have mercy upon your soul.
The prisoner burst into tears on hearing the sentence pronounced and was removed exclaiming 'I am as innocent as a child'.
Mr. Blackburn asked his Lordship to order the discharge of George Denton, against whom the jury had found no true bill.
His LORDSHIP said that there was no charge against Denton and therefore he could be discharged. » »
