Pottery worker Murdered
In September, 1847, a cold blooded murder was committed near the Don Pottery at Mexborough, between Doncaster and the Swinton Station, on the North Midland Railway.
The victim a man named Caleb Barker, was in the employ of Mr. Barker, the proprietor of the Don Pottery, as warehouseman. The circumstances under which he met his death were mysterious.
On the Saturday night the deceased went from his home, which is very near the pottery, to a public house kept by Mr. Simpson, at Swinton. When he left home he asked his wife for a shilling, which she gave to him, and during the time he was at the public house he drank two pints of ale. He left the public house between half past 9 and 10 o'clock in the evening, and was not seen again by any of his friends until he was discovered, lying partly on the footpath with his head in a ditch, by a fellow workman named Gower, who was going from Swinton in the direction of the deceased's house when he found him in that condition.
He lifted up the body, and, finding him unconscious, Gower called to two other men who were following him, and with their assistance the deceased was taken to his own home, only 100 yards from the place where he was found. On searching the spot, a great quantity of blood was found, and a little way off his hat and a pitcher, in which he was carrying home some ale from the public house.
Medical aid was procured as soon as Barker was taken home, and everything was done to save his life, but he died following morning about 5 o'clock.
An Inquest was held at Simpson's public house on the Monday evening, when evidence of the above facts were given, in addition to which there was the testimony of the medical men who had made a post mortem examination, and who stated that the deceased had received a severe fracture of the skull, a blow under the left eye, and one under the ear.
The Inquest was adjourned until the following Monday.
There were various rumours in the neighbourhood, but the only one which seemed probable was that the deceased was knocked down by persons who intended to rob him of his wages. A halfpenny and a farthing were all the money found upon him. He was described as a mild inoffensive man, very much respected by his fellow workmen, and esteemed by his employer. The whole affair was enveloped in mystery, and every effort was made to trace the murderers.
Information was sent to the Secretary of State, in the hope that a reward would be offered.
Inquest
The adjourned Inquest was resumed on the following Monday before Mr. Thomas Badger, County Coroner.
A number of witnesses were examined, in order, to detect the perpetrators of this violent crime. The Secretary of State, on the application of Mr. Badger, authorised a reward of £100 to be offered by Her Majesty's Government to any person who could give information and evidence which would lead to a conviction.
The inquest was again adjourned for a further week. It was understood at this time that additional evidence strongly implicated a party who the police were searching for.
Suspect Arrested
Evidence had been given that a young man, answering to a certain description, was seen drinking at a public house near to the spot where the murder was committed. He was talking in a strange and incoherent manner, and suspicions were expressed at the time as to his character - and particularly as he gave no satisfactory account of himself. This man was the only suspicious character seen in the neighbourhood on the night of the murder, and his description was minutely detailed by a man and woman who had seen him. He had on a blue coat and waistcoat, and moleskin trousers, in a dirty state, as though he had been employed as a navigator.
This man moved from Swinton, and was afterwards suspected of committing a burglary at Great Houghton, and also of stealing a cow. From the house broken into was stolen a quantity of silver spoons, on which were certain marks; and on the Wednesday afternoon some of these spoons were found pawned by the prisoner in Westbar, Sheffield. The man's description having been given to the pawnbroker, he promptly sent for the police, and Inspector Astwood went and took the prisoner into custody.
He had been drinking for some days, it is supposed upon the proceeds of his ill gotten booty, and on the previous evening, while drunk, had threatened to stab a woman with a butcher's dressing knife. When he was taken to the Town Hall he was searched, and the lower part of his moleskin trousers exhibited several distinct marks of blood. The description of the man seen at Swinton on the night of the murder, and that of the prisoner, corresponded and there seemed little doubt that he was one and the same person.
At Sheffield he gave the name of William Shakespear, but at Swinton he said his name was Edwin Garland, and that his mother was an unmarried woman, named Sellars. He was brought up at the Town Hall, on Thursday last, before the Mayor, in company with a man named Thomas Robinson. Mr. Raynor then informed the Mayor that the prisoner had been taken into custody on suspicion of having committed a burglary at Great Houghton, on the previous day, at the house of Mr. W. Brookes, as above stated. He was offering more spoons for sale in Westbar when he was apprehended. From the description given, there was no doubt whatever that these formed a portion of the property stolen from Great Houghton.
There was another charge against the prisoner - for stealing a cow, and which he was afterwards seen offering for sale in Rotherham Market. Under these circumstances. Mr. Raynor added, he would apply to have the prisoner remanded, which was done, and Robinson was discharged, the latter having been taken into custody because he was known to have been drinking with Edwin Garland, the other prisoner. The latter appeared quite unconcerned before the Mayor, and treated the charge against him very lightly. He made no defence, nor did he deny the charge against him.
It was expected that when further evidence was obtained against him he wouls be taken before the bench of Magistrates at Rotherham.
24 September
Edward Garland, alias Shakespear, tried to take his life. The Inspector went to his cell, but couldn't unlock the door, he discovered that it was fastened on the inside. It was instantly forced open, just in time to prevent the prisoner from harming himself. He had torn a long strip from a woollen rug which covered his bed, and, fastened this round one of the bars over the door, was in the act of securing a noose which he had made.
The gaol authorities adopted greater precautions to insure his safe custody after this incudent.
Inquiry Continued
On resumption of the Coroner's Inquiry upon the body of Mr. Barker, Mr. Raynor, Police Inspector, detailed some conversation he had with the accused in the gaol the previous Sunday, when he denied that he had been at Swinton for 3 or 4 years.
The Jury, holding that the prisoner ought to be present, so as to give the witnesses an opportunity of identifying him. The Coroner was directed to contact the Secretary of State to allow him to appear before them for a short time. If this request could not be complied with, the Jury hoped they may be excused from giving a verdict.
In order to communicate with the Home Office, the proceedings were again adjourned.
30th September
After the ordinary business of the bench was concluded, at 3 o'clock in the afternoon, Edwin Sellars was brought before Mr. Wilson Overend, charged with having, on the 4th September, willfully, maliciously, and with malice aforethought, killed and murdered one Caleb Barker, of Swinton, labourer.
Mrs. Elizabeth Barker, widow of the murdered man, was the first witness called, and said, - I live at the Don Pottery, in Swinton parish, and am the widow of Caleb Barker. I remember Saturday night, September 4th. My husband left the house between 7 and 8 o'clock, alone. I went to Mexborough just after he left. He was quite sober. I returned about 9 p.m. My husband was not at home. He was brought home between 10 and 11. John Heeley came and asked for a light; I gave him one, and asked what was the matter. He said he thought someone was injured, and I asked if it was my husband, and he said he did not know, but wanted a light to see. I followed in a few minutes, and they were just bringing him when I got there, I went into the house with them. My husband was sensible, but could not speak. Thomas Gore and William Turner came with him, as well as Heeley. He was bleeding very much, and his ear was cut very much and hung down. A medical man, Mr. Carmichael, was fetched. My husband lived till 5 o'clock the next morning, when he died.
The prisoner declined asking this witness any questions, saying he did not know anything about what she had been saying.
Thomas Gore said: As I was going home from Swinton I met a man on the road near Mr. Barker's Pottery, and this was 34 yards from the spot where I found Mr. Barker lying. That man said "Good night". I should not know him again if I was to see him. He was walking at a fair pace, and I the same. There was nothing hurried in his manner. I then heard a noise in the edge 34 yards further, and found Caleb Barker lying in the ditch. I set him on his feet, but he could not stand. I heard a man cough, and John Heeley and William Turner came to me. A pitcher stood by the side of Barker, with a gill of ale in it. They then got a light, and Barker's lad returned with them, but did not know the injured man at first. On looking at him a second time he said, "It's my Father." I, Heeley, and Turner carried Barker home; we washed him and sent for a doctor, who advised his being put to bed, and we put him there. He appeared sensible, but did not speak. He had a lump in his gullet; his ear was slit down and his head cut, and appeared as if he had been much knocked about. It was about half past 10 o'clock when I was going from Swinton. I never saw him alive again. I did not take any notice whatever of what clothes the man was wearing that I met, or whether he had a stick with him or not.
John Heeley, potter, told the court: - I lodged at Barker's, and continue to lodge with his widow. I and William Turner were on the road together; we met a man near to the Don Pottery lane. He was a tallish man, but I should not know him again. It was between 9 and 10 o'clock. In a few minutes we separated for some ale and tobacco, and again set off for home. In the Don Pottery Lane end we met a man, but I should not know him again. I heard a man say "hello," and joined him. I then saw Caleb Barker in the ditch. In other respects this witness corroborated the evidence which was given by the previous witness.
Thomas Raynor said: I live at Bolton-upon-Dearne, and am a quarryman. On Saturday night, Sept. 4th. I was going from Sheffield Station to Swinton, and got there 5 minutes before 8 o'clock I got out at Wath Station, I went in a 3rd Class carriage, and in the same carriage I saw the prisoner. He got in at Sheffield and out at Swinton, and asked me if I knew Thomas Garland and other persons living there. The prisoner added that he believed he was born at Bolton. I never saw him, to my knowledge, either before or since, except now. He sat opposite to me in the train, and his knees nearly touched mine. I picked him out of a great number of other prisoners, and I recognised him immediately.
Prisoner said, "What the gentleman says is quite correct."
Mary Taylor of Mexborough, said: I was at George Hamshire's public house, the Canal Tavern, on Saturday night, the 4th September. My son-in-law was there, and the prisoner sat next to him. My son-in-law asked me whether I knew Sellars, and I said no. The prisoner said, "I am Abigail Sellar's son; she had a child by Mr. Garland of Bilton, and I am the lad." I said, what do you do for a living? and he said, I go with my father buying and selling beasts. He added, I am going to Mexborough to seek lodgings. i said, Why don't you go to Mrs. Sellars', as your father stops there when he comes.
The prisoner said, "No, I will not go there; they have often wanted me to go there, but I would not go."
A railway ticket was there, and Billy Blue - a man named Robinson - took it. He and the prisoner went out together. I bade them good night and did not see them any more. I knew the prisoner among a number of others when I saw him this day. If there had been a thousand men, I could have picked him out.
The prisoner observed, that he thought witness was wrong as to the time that he left the Swinton public house.
Margaret Simpson said: I am daughter of the landlady of the Ship Inn, Swinton Bridge. On Saturday, Sept. 4th, Caleb Barker came to our house between 7 and 8 o'clock, and had 2 pints of ale and part of a three pennyworth of gin. He was sober when he came into the house, and appeared to be quite sober when he left. I noticed him then because he asked for a pitcher, with a quart of ale and a pennyworth of pipes, which he took away with him.
Inspector Astwood repeated the evidence before mentioned, of his arresting the prisoner on September 15th, on a charge of burglary. When I brought him to the police office, and from a description given by Mr. Badger I read over part of this paper to him, I thought him the man, from the description given by a person in the neighbourhood of Swinton that night. After my reading this placard the prisoner said he knew nothing about it. It offered a reward of a £100. for the apprehension of the murderer of Caleb Barker.
The prisoner said he was no nearer to Swinton that day than Manchester, nor had he been there for 2 years.
On searching him I found a butcher's knife now produced, and took from him these trousers, on which are marks of blood in several places. I found also a pencil. Blood is on the legs of the trousers, on the flap, and on the inside.
Mrs. Barker, on being recalled, said her husband had a tobacco box and a bit of black lead pencil.
Mr. Raynor, then produced a piece of pencil, which Mrs. Barker examined, and cried bitterly on seeing it, but could not identify it.
Mr. Blyden, surgeon, said: I was called on to examine the body of Caleb Barker on the morning after he had received the injuries, and found the left ear cut through, the head cut, and blackness round the eye. On Monday, by order of the Coroner, I made a post mortem examination, and found that his skull was fractured.
The witness went into a long account of the state in which he found the body, and added, that in his opinion the death of Caleb Barker was caused by a blow or blows from a heavy instrument.
In defence, the prisoner said he was in a state of intoxication, "The question as to the blood, I told him how I got it."
Mr. Overend said: The prisoner had been seen going on the railway from Sheffield to Swinton without any apparent object in view. He had also been in that part of the country before, for the purpose of committing 2 burglaries; and these circumstances made all the people in the neighbourhood suspicious of him. At the same time, it must be confessed that there was not sufficient evidence of his identity to commit upon the charge of murder. Under these circumstances, the prisoner would be fully committed to York County Court on the 2 burglary charges.
The prisoner was then removed from the dock.
9th October
Sellars was committed to York Castle to take his trial on two separate burglary charges unconnected to the murder, but the Magistrate of Sheffield, on being applied to, refused to allow him to be brought before the Coroner and the Jury. Upon the assembling of the Jury, some formal evidence was gone into, but the new facts connected with the affair transpired.
The Coroner, in addressing the Jury, said: In pursuance of a request which the Jury had made to him at the last inquiry, he had written to the Secretary of State, Sir. G. Grey, giving a statement of the whole of the details connected with the present proceedings, and enclosing copies of the depositions which had been taken at the previous investigations, and requested that he (Sir George Grey) would order the prisoner Sellars to be brought before him.
The following was the reply which he had received:
Whitehall, Sept, 25th.
Sir. - I am directed by the Secretary Sir George Grey to acknowledge the receipt of your letter of the 24th inst,
and its enclosure, and to inform you that the Secretary of State has no authority to order the person referred to in
your letter to be brought before the Jury at the Inquest which you are holding on the body of Caleb Barker.
I am "Denis Le Marchant
Verdict
The Coroner) very much regretted that the Magistrates should have acted as they had done in not allowing the prisoner to be brought before them, because it was a course which he considered was calculated to impede the ends of justice.
The Jury then retired to consider their verdict, and after about half an hour's absence the foreman handed in the following written verdict:
The Jury find, that on the evening of the 4th September last, Caleb Barker was brutally beaten with some heavy weapon, and his skull fractured by some person or persons to the Jurors unknown, in consequence of which the said Caleb Barker died on the following morning. The Jury have to express their strong conviction, that if the Sheffield Magistrates had not, a improperly interfered and prevented a party strongly suspected of the murder being brought before them, they would have now been in a position to return a different verdict. They are of opinion that the ends of justice are defeated by collisions between the Coroner and the Magistrates as to the question of jurisdiction, the county put to additional expenses, and also that inquiries of this nature should not be conducted in the compulsory absence of the implicated or suspected parties.
The Coroner asked if the Jury were unanimous, and they replied in the affirmative.
Mr. Wood said, before the parties left the room he was desired by the Jury to make the following statement, which they had intended to have appended to their verdict:
The Jury cannot but express their surprise at finding an impediment thrown in the way of eliciting information respecting a crime of no less magnitude than midnight assassination, should have come from that quarter to which they conceive they have a right to look for the maintenace of every facility for the protection of both life and property.
The enquiry then terminated.
