A man murdered in a case of misidentify
David Baldey was born in Falmer Sussex in August 1808 the 8th of 9 children born to John Baldey and Elizabeth Balcomb.
At age 21 he married 16-year-old Mary Trigwell from Patcham Sussex, at her local parish All Saints church.
His mother died in April 1837, aged 72, this was followed months later by his wife Mary on 1st November at age 24 of pleural effusion. They had no children.
His father passed away in March 1843 aged 78
In 1844 at age 36, he met Hannah Gates, a widow and they married on 25th August 1844 at St Nicholas Church, Brighton, Sussex
in 1850, Hannah gave birth to their son David but it seems their relationship didn't last long, as by March 1851, David was living with a family member and Hannah was living as a housekeeper with Thomas Tilley, who she went on to live as his wife, although no marriage records found.
I'm unaware of where their son David went, as was living with neither of them, so possibly with another family member.
In 1853, David was lodging at Ann Street Brighton with William Wilkinson, a labourer. On Wednesday 29th June, he appeared in court. It appeared from the evidence that David had lodged with Mr Wilkinson for about six months, and on Monday 27th June, he noticed his silver watch from the front sitting room on the ground floor, and suspecting David, he accused him of stealing his watch. David denied it, but on William saying he would give him into custody unless he informed him where the watch was, David then stated he had pawned it but had torn up the duplicate. William then informed David that if he returned the watch he would not proceed against him. David replied that he had pawned the watch for 16s. and had concealed 13s. 6d in a hedge near Carlton Street. David was then given into custody when he admitted to the policeman that he had taken the watch. He was committed to trial and on 6th July at the Assizes. He was found guilty and sentenced to 4 months imprisonment.
in July 1854 at age 45, he then Married Harriett Tuppen, a mother of 3 illegitimate children Alfred age 9 Frederick 6, and Philip 5 months
In April 1861 David was living with Harriett, and her sons Alfred, age 16 Philip age 8 (using his stepfather's surname)David, his son with Hannah. Harriett had given birth to 2 more children Walter age 5, and Mark age 1.
In January 1864, Harriet then gave birth to a daughter named Sarah.
In 1868, at age 60, David and his family were living in a solitary building known as Newmarket cottage, situated at the summit of one of the South Downs known by that name. Newmarket Hill.
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David was in the employment by Mr. Hudson, a farmer, of Kingston village, near Lewes and David was said to have been a steady, hard-working, inoffensive man
On the night of Friday 9 October, he had been to Mr Hudson to collect wages of £2 11s, a fortnight's wages for himself and his two sons, who also worked for Mr Hudson.
He left Mr. Hudson's house at about six o'clock that evening and was supposed, to go home.
Nothing more was, seen or heard of him that night, and Harriett, their two sons, and daughter went to bed.
The next morning, about six o'clock, Philip age 14, and David age 18 were proceeding to work, when they discovered, lying across the beaten track, about 500 yards from the house, the murdered and mutilated body of their father. They raised an alarm, and his body was taken to the cottage.
The police were called in, and Dr Smyth, the police surgeon, who examined the body, found that David had been shot through the back with a gun or pistol, the bullet being found in his breast and that his nose and teeth had been r smashed, possibly with the butt of the weapon, which had been used to shoot him. The money that he had received, had been taken from his pocket, which was found to be turned inside out when the body was discovered.
The surgeon had no doubt, from the appearances which he found, that the ruffian who fired the fatal shot was at the time of doing so within a few feet of his victim.
Suspicion has fallen on a man who formerly lodged with the Baldey Family, who is said to have left his house on Friday night with a gun, which he has not since brought back. This man was seen in the neighbourhood on Saturday, and the police are in search of him.
The inquest was opened by Mr. S. Fullager, coroner for East Sussex, in the County Hall in the afternoon of Monday 12th and after the jury had been conveyed to and from Newmarket-hill, to view the body and the scene of the murder, the examination of witnesses was proceeded with, the evidence substantially corroborating, so far as it went, the statement of facts as discussed above.
Although the police had the information, which left no doubt as to who was the perpetrator of the crime they had yet to apprehend him. The suspected person is a notorious character, named Henry Brown. age 21
Henry Brown's real name was Martin Brown.
He was the second-born child, born in Buxted Sussex to Reuben Brown and Mary Powell. both from Buxted. who had married in 1841 at the local Parish church, St Margaret Mary was 15, (although the marriage certificate states she was 19) and Reuben was 25. Mary's Parents had married in January 1826 and her Mother gave birth to her in March but sadly died during or shortly after her birth. Mary was raised within the Powell family and her father eventually married his housekeeper.
Reuben and Mary had their first child, Joseph in 1843, followed by Martin in 1846, then they moved to Rotherfield, and Eliza was born in 1849, They then moved to Brighton and their final child Edward came in 1852
Mary died on 9th April 1854 from phthisis at age 28, at the Uckfield Sussex Union Workhouse, leaving Reuben with 4 children under 12 years of age. Martin was 8 years old at that time.
Reuben remarried on 11th October 1863, to Mary Ann Elliot, at St Nicholas Church in Brighton. They had been living together as man and wife, before their marriage, according to the 1861 Census, so she may have moved in as a housekeeper and childminder, while Reuben worked. This may have affected Martin.
At the time of his crime, He was described as a looking young man. of fair complexion, only 5 feet 41/2 inches in stature with many aliases and a tainted life. A poacher, a convicted felon, and a deserter from the army.
On 28th November 1863, he appeared before Hove Magistrates, charged with robbery in a shop, and received 3 calendar months of hard labour.
On 5th July 1864, he appeared before Brighton Magistrates, charged with stealing a suit of clothes, and received 6 calendar months with hard labour.
On 17th March 1865, he was sentenced by the Borough Receiver for Housebreaking and received 12 calendar months with hard labour.
After his release from prison in 1866. His sister Eliza then 18, was married on 26th August at St Nicholas Church to William Vairs, age 24. Reuben and his wife Mary were the witnesses.
He had enlisted in the Royal Artillery, under the name Reuben Vinall, (Vinall was his Maternal Grandmother's Maiden name) and was subsequently enrolled in the Sussex Militia.
He had been on the 'wanted” list for a crime committed not long after, he had deserted his post. The Brighton police had held a warrant for his apprehension but he had eluded the Police by getting employment in Mr. Hodkin's service in, Kington Sussex where he assumed the Christian name of Henry and lodged with the Baldey family.
He was in the neighbourhood where the crime was committed on Saturday but had heard that some people intended to volunteer information against him, so he hastily left the place and was then seen escaping in a Newhaven train from Lewes station.
At that station, some of the persons who intended to give the information against him saw him on the train and pointed him out as the murderer to the guard of the train, who promised to watch him.
The informants then proceeded to the police station and told them what they knew, but the train had by then left the station.
A telegram was then dispatched to the Newhaven police, but the telegraph office there was closed, so the message was of no use, and the fugitive got off the train and made away, the guard seeing him do so, took no steps to prevent him.
Lewes police posted to Newhaven Sussex but were unable to get any further clues, and up to the time of the inquest, they were in the dark as to his whereabouts. They said, however, they were certain he had not left the country, as it was said he intended to do, and they hoped to be able to secure him, and every necessary step for his apprehension was being taken, It was anticipated that a Government reward will be offered.
The police had taken possession of Brown's box, and in it, they found a six-barrelled revolver, five chambers of which were loaded. There seemed every reason to believe he was the guilty party, and it is stated that there was very clear evidence that on the night of the murder he had left his home with a gun, and also that the bullet with which Baldey was shot corresponded with some found in Brown's box.
On the afternoon of Tuesday 12th, Superintendent Jenner and Police Constable Billinghurst, had discovered in a plantation, not only the stock of the gun with which the murder was committed, which was identified as the one Brown had in his possession, within half a mile from where the body had laid but also a large excavation covered over, extensive enough to hold two or three men, and it is supposed that this had been dug by Brown as a grave for his victim, but that he subsequently altered his intention.
There was blood on the end where the trigger had broken off, which they had picked up on Saturday 17th close to the deceased head. Although the barrel had yet to be found, the parts had been identified as parts of the gun that Brown had in his possession, which carried away from the lodgings on the night of the murder, and so there was every reason to believe it was the weapon used in the brutal crime.
There was no trace of the culprit until he was finally caught late on the night of Saturday 17th October, when Superintendent Owen Crowhurst of the Brighton borough police arrived in Maidstone Kent.. He had intercepted a letter addressed by Henry to his friends and proceeded at once to the Maidstone barracks. With the assistance of a Sergeant Major, it was found he was using the name Martin Brown from Buxted, Essex and he had enlisted into the 6th Sub Division of the B Battery for the Royal Horse Artillery.
He was not at the Barracks and was told to wait until the tattoo beat at 9 o'clock. He found the man reading a newspaper. He claimed his name was Reuben Harvey but he showed clear signs of agitation and quickly changed colour. once it was clear he had got the right man, Superintendent Crowhurst at once charged him with the murder of David Baldey. His only reply was “I didn't do it.”.
It seems the accused had entered Maidstone on Saturday 9th October and had remained in the barracks till his capture. He enlisted in the Royal Horse Artillery on Tuesday 12th, under the name Reuben Harvey.
On the night of Saturday, he had borrowed the regimental suit of one of the privates in the regiment to take a walk through Maidstone.
When taken into custody he dressed himself back into his white slop and trousers, which he had worn at his lodgings with the Baldey family. On the sleeve of his slop were traces of blood, which he alleged were caused by the scratch upon his face. At the time of his capture, he was also wearing the regimental shirt and drawers from his time at the Aldershot camp.
Being removed to the Maidstone police station, the inspector on duty asked Superintendent Crowhurst the name of the prisoner, and the superintendent replied ''Ask him" The prisoner then gave his proper name, that of Martin Brown, and on being searched, a knife, some percussion caps, and other trifling articles, were found on him and he was then detained till morning.
Superintendent Crowhurst left Maidstone with his prisoner half-past eight on Sunday morning, for Tunbridge Wells, and after waiting there over six hours for a train to Lewes, was taken into custody by Colonel Mackay, Chief Constable of the East Sussex Constabulary. Brown was handcuffed during the journey, and the news of his capture preceded his arrival and crowds gathered, both at Tunbridge Wells and Lewes stations in the hope of catching a glimpse of him.
On their way to Lewes Brown had pointed out to Supt. Crowhurst the house at Tunbridge Wells, where he slept on the Saturday night that he had fled from Lewes
On the evening of Monday 19th October, the inquest was re-opened before Mr. Fulllager, the Coroner, on the body of the deceased. Additional evidence was taken to implicate Martin Brown, and a verdict of wilful murder against him was returned.
On Wednesday 21st October, a brief investigation took place before G. Whitfield, Esq., at the county hall in addition to the fact recorded above, the man living at Kingston, who sold Brown the gun, was further examined. He swore that the stock of the gun that had been found in the plantation by the police was the same that sold to Brown. The trigger and plate and the small piece of stock which were found near the body of the murdered man were produced, and it was evident they formed a portion of the gun, they exactly fitted. Upon the production of this evidence, Mr. Whitfeld signed a warrant for Brown and handed it over to the police.
A magisterial examination, to which the reporters were not admitted, was held on the afternoon of Monday 26th October, at the police station, before G. Whitfield Mid A. Beattie, Esqrs.
There was a large and excited crowd outside the building. The prisoner walked into the Magistrate's room in a careless manner and was said to have looked unconcerned.
Only sufficient evidence was taken to justify his remand, and after about half an hour’s inquiry the case was adjourned until the Friday morning next, at 10 o’clock, at the County Hall. The prisoner, who had been previously confined in the police station, was then conveyed in a cab, which was followed by a large crowd, to the County Gaol.
After a lengthened inquiry the accused was committed to the Petworth House of Corrections, to await his trial at the next Sussex assizes.
After the adjournment from Thursday 24th, at 10 o'clock on Tuesday 29th December, The third day of the Assizes, The learned Baron Channell took his seat.
The Jury impaneled was principally composed of tradesmen of Brighton, with Mr. Upton, a plumber, of Brighton as the Foreman. Mr. Sleigh and Mr. Lord appeared for the prosecution, and Mr. Besley and Mr. Blake were for the defence.
Martin Brown was brought before the bench and when arraigned, he pleaded not guilty, in a clear and distinct voice. At the request of Mr Besley, all the witnesses, except for the medical men, were requested to leave the Court.
Mr. Sleigh, in opening the case for the prosecution, said he wished to direct the most anxious attention of the Jury to what should briefly be narrated to them, the circumstances and facts, out of which arose this inquiry, which was second to nothing that could engage the serious attention of the Jury. A very atrocious act had been committed, and it was for the Jury to say whether or not the prisoner at the bar was the perpetrator of that act. They would judge from the evidence, whether they thought the prisoner committed that act or not.
The learned Counsel then proceeded to detail the circumstances at great length in connection with the murder and added that, whoever committed the act, there was 110% no doubt that it was premeditated on the part of the murderer.
In conclusion, the learned Sergeant expressed his assurance that the Jury would not allow their indignation at the enormity of the crime to warp their judgment, as to whether the prisoner was guilty of the charge laid against him or not.
The first witness called was Harriet Baldey, the widow of the murdered man. She was still in deep mourning:
She stated that, in October, Joseph Holland lived in their house. The prisoner lodged with them for four weeks; her husband, at that time, was working for Mr Hodson. Her sons also worked for Mr Hodson, as did the prisoner. Her husband drew his money from Hodson once a fortnight, and also her sons' money. Her husband used to come home on Friday evenings, at about half past six. He used to come straight up the hill from the track on Kingston. That was the usual way but sometimes came by Newmarket Hill. She last saw her husband alive on Friday morning, at half past six o’clock, on the 9th of October. Her husband did not come back that night, and a search was made for him.
During the time the prisoner was lodging with her, he had asked her to purchase some bullets and powder at Westons at Brighton, saying he could get half his living by shooting rabbits. That was ten days before he left the lodgings. Some bullets were produced, which she said was about the amount she had purchased.
In reply to being Cross-examined by Mr Besley- ''There are three bedrooms in our cottage, and we have a washhouse and a kitchen. we never had more than two lodgers at the time. One of the lodgers was independent and had a room to himself and was there whilst Brown was there. Philip, my son, refused to fetch the money the night of the murder. Brown slept away from home for about two nights. Brown and my husband, were on good terms, except one Sunday, they got in an argument about a dog. Never heard any other quarrel with them''.
In reply to a question by Sergeant Sleigh- ''That affair about the dog was July last. That evening, before my husband came home, I expected him home. The independent man who lodged with us I did not know, and I have never seen him since''.
In reply to a question by his Lordship—''l not know of any lodgers, except Brown, who worked for Mr Hudson''.
The next witness was Philip Tuppen (using the surname Baldey) age 14 stepson of the deceased:
''l remember the day of the murder. I saw my father alive Friday night, at four o’clock. He left in the field, and he went towards Kingston, to Mr Hodson's house, for his money. My father was to get my wages that night. The witness then described finding the body of his father, about 450 yards from their cottage, in company with Joseph Holland, who searched his father’s pockets and found a halfpenny''.
In reply to questioning from Mr Besley—''l had not seen Brown that day but had seen him on the Thursday. I did not tell Brown that my father was going to Mr Hodson’a to take the money. On several occasions, I've collected the money myself. My father had sometimes come around the road and sometimes came by the Newmarket plantation. Mother did not come to meet Father coming from work. There have been quarrels between father and mother when lodgers have been there.
In reply to questioning by Sergeant Sleigh— ''The body was lying in the path, about 15 yards from the furzes, and it did not appear as if there had been any struggling.
In reply to questioning by his Lordship—l received 6s 6d a week wages. I was paid a fortnight and handed over to my father.
The next witness was Wiliam Tuppen, a farm laborer and the deceased Brother in law, living in Kingston:
He stated that on the morning of Saturday, the 10th of October, a little before six o'clock, found the body on the trackway and then met Joseph Holland and the deceased sons just afterward and they went back together. Holland searched the pockets of the body, and one half-penny was found. He said he did not notice any marks as if any struggle had taken place; the time in the morning was not daylight nor yet very dark.
In cross-examination, - The witness said he never told any policeman what he had seen, and went on to his work as usual on the Saturday. He did not mention it to his master, but his master spoke to him about it after
The next witness was Joseph Holland, a farm labourer, who stated that was living at Baldey’s house at the time of his death, and he was at home on that Friday evening. The dog barked very violently about seven o’clock in the evening. On the morning of Saturday in consequence of what he heard, went with the son to the body. The witness then gave similar testimony to the previous witnesses, as to the position of the body. The witness added that Brown lodged with Baldey
Cross-examined —Never heard any quarrels between Brown and the deceased
In reply to questioning by his lordship - As far as I know prisoner the was a quiet, well-behaved man.
Mr John Hodson was the next witness
He spoke about paying the deceased his wages at about a quarter to six the Friday. Brown was in his father's employ formerly, but on that particular day was working for some other person. He was employed under the name of Henry Brown. The witness saw Police-constable Billinghurst pick a piece of wood and a trigger (produced) close to the body. He saw Billinghurst turn the body on one side and there were perforations at the back of the smock. He sent a man up with a cart and had the body removed to the cottage.
Cross-examined— ''When Brown was working for Mr Cooper, the ironmonger at Lewes. I saw him several times but never saw him later than half past five at work. I never saw prisoner after the Friday in question, that was between two and three o’clock in the afternoon''.
The next witness was David Baldey, son of the deceased, 17 years of age, who stated that he was in a lodging in Kingston village in October, and was working for Mr Hodson. About 10 minutes to six o'clock the Friday evening his father came to his lodgings and gave him a sovereign and four “shillings. His father left at about six o'clock for home. That was the last time he saw his father alive.
In cross-examination, the witness said he saw the prisoner at half-past six o'clock Saturday morning and that time did not know that his father was dead.
The next witness was George Crocker, who was in the employ of Mr. Hodson. He resided within yards of Baldey's cottage:
Brown had gone to his house on the Friday night in question and went away about half-past six He had been there only about ten minutes. He took his coat away with him. He was asked him to take tea and said he wanted to get over the hill. A week before Baldey's death the witness sold Brown a gun, the stock of which was produced. He heard Wickham say to Brown, after the murder, ''Is that you Brown, that murdered Baldey'' Brown replied, ‘'No'' and Brown then asked the witness if he could tell how it was done, and he replied he thought it was by creeping behind. Witness then asked Brown if he thought he knew how and Brown said, ''God Heaven knows''. That was between eleven and twelve o’clock on the morning of Saturday.
His Lordship very minutely then examined the witness to his knowledge of the stock and he positively swore that he could identify the stock.
In a very severe cross-examination by Mr Besley, the witness adhered to his statement.
Superintendent Billingburst was called to prove that on searching the body he found two pipes, and found that the deceased had been shot in the back. (The, frock of the deceased in which there were perforations of bullet shots, was produced.) Witness found the gun stock produced close to the body of the deceased. The witness further stated that pieces found near the body seemed to correspond with the stock.
In reply to a question by his Lordship, ''The barrel has not been found''.
Dr Smythe, of Lewes, on being sworn, stated that on the morning of the murder, he saw the body of and saw several holes on his smock-frock, which was blackened by gunpowder. He found holes in all the underclothing corresponding with wounds that were afterward found on the body. They were near the backbone, within an inch of the spine. He believed the wounds were caused by one discharge. Two bullets passed through the thigh. It was evident that two bullets, a large one and a small one. passed into one hole. The large bullet must have caused almost instantaneous death. On examination of the face, he found the lower jaw broken, a wound on the lip, and one of the teeth knocked out. He believed those wounds were inflicted after death.
In reply to a question by Mr Besley: ''There was a slight mark on the eye, which might have been caused by a fall. The man who fired the shots might have been crouching down with the gun at his shoulder, he might have fired it from his hip without aiming''
At the request of the Police Superintendent, he had examined some marks on a great coat with a powerful microscope, and also subjected them to chemical analysis, but could not find blood.
The next witness was Mrs. Wickham, wife of the farm bailiff to Mr. Hodson:
She stated that about six weeks ago before Baldey was found dead, Brown came to lodge with her. On Friday, Brown said he was going to Brighton to take a gun (which the witness had seen in his room) to his brother, and that he should not return till the next day. Brown came from his work at about five o'clock and went out the back door. He had on a soldier’s great coat and a pair of tanned leather leggings, and had the gun with him at the time. All that he said when went out was ''I'm gone''. He came back about twenty minutes past nine. He had a sort of pilot coat on, and the great coat, which he carried on his arm. She said to him, “Hallo, Harry. I thought you weren't coming till tomorrow?” He replied ''I did my business quicker than I thought, and took a train to Lewes''. She did not notice that had a gun with him then. He slept there that night and went to work as usual the next morning. He went away about quarter-past seven, and the witness did not see him again till he was in custody. He left his box behind him, which she gave to the Police.
In reply to a question by Mr Besley— ''The prisoner was always a well-behaved man whilst was our house. I did not see the prisoner with any money but when he first came, he said he had six or seven pounds.
In reply to questioning by his Lordship—'' The prisoner always paid me regularly on a Saturday. He paid all owed Saturday, the 10th of October before he went away''
Next was Joseph Brown, the brother of the prisoner.
On being sworn in, he stated that he did not see his brother in Brighton on the 9th of October. He did not handle a gun either that day, the day before, or the day after.
In cross-examination, the witness stated that the prisoner was a deserter from the array. The Brighton police came to him after the murder, and Superintendent Crowhurst snatched a letter from the hand of Joseph's mother-in-law Niece, and would not let any family see it.
Next was Mrs Nye. wife of a gardener
She stated that she saw the prisoner the evening of the 9th of October come from Mrs Wickham's cottage. He was wearing a coat like that produced and was carrying a gun. Witness saw him go over the brow of Mr Hodson’s field, towards Newmarket.
In cross-examination, the witness said she did not say anything about it till she had heard of the murder. The remark she made hearing the murder was, ''I saw the man who did the murder.”
Mrs. Wickham was recalled, stating that when the prisoner said he was going to his brother's she asked him what his brother was doing for work, and he said he was a well-digger.
Next to take the stand was Thomas Walls, a farm labourer at Falmer:
He stated that, about a quarter-past seven on the evening of the 9th of October, he was near Farmer Pond, talking to a person, when heard a report of a gun, which seemed to come from between the plantation and the spot where Baldey was found.
In cross-examination, the witness stated that his evidence was first put down in writing on Wednesday last when he saw Police-constable Billrnghurst. The reason why did not come forward before was that he was not called for. Directly when he heard of the murder, he thought of the gunshot he had heard on the Friday evening. The spot where the body was found was rather more than a mile from the pond.
Next was James Lade, a farmer, from Ashcombe:
He stated that about ten minutes after seven in the evening of the 9th October, he was going past Newmarket plantation, on his way to Woodendean. About 20 minutes past seven, so far as could judge, he passed a man near the plantation, about 12 yards away. The man appeared to be middling tall and was carrying a walking stick or something of that kind.
At this stage, the proceedings adjourned to the following day.
On Wednesday 30th December, the proceedings resumed in the morning at 10 o'clock.
The first witness called was. Richard French, a blacksmith:
On being examined by Mr Sleigh, said he was inside Mr Hillman’s blacksmith’s shop on the night of the 9th of October. A man, named Beck, came, and the prisoner stood close by. Beck said, ''This bloke says he has just come from Brighton he says he has been here a quarter of an hour, but the train hasn’t come in yet,” and he called him a bloody liar. The prisoner made no reply to that. Mr Hillman did not observe that the prisoner had anything in his hands. He said Beck was drunk. He and the prisoner then walked toward the Kingsland Road.
On being Cross-examined—''l am sure he called him a bloody liar. I was not examined before the Coroner, I was examined before the Magistrates at the committal, and remember stating that a 'bloody liar' was mentioned, but I think a 'deceitful liar' was put on the depositions. There was another man at the blacksmith's shop at the time, I was not acquainted with him but should know him again if I saw him. I had just done work at the time.''
In reply from questioning by his Lordship—''l did not hear the prisoner say anything, I had just done work and I was leaning over the door, talking to Beck, and the prisoner was standing close by''
Next was Mr. Edwin Atkins, gunsmith, living at School Hill, Lewes;
He said he had considerable experience in firearms. On some pieces of the gun being handed to the witness, together with the stock, he said ''Two pieces undoubtedly belonged to the gun, but the third piece did not belong to the original. The piece appears to have been recently inserted''.
Superintendent Tenner then produced the bullets taken from Baldey by Dr. Smythe and handed them to the witness, who said those produced were made from what were commonly called 'slugs'. Concerning the larger bullet there appeared to be some scratches upon it.
In reply to questioning by his Lordship—'' The bullet used must have been trimmed''.
Examination continued—'' The other bullets I now have are similar to the others both as to size and weight. I believe the two smaller bullets had not been cast in a mould''.
Cross-examined— ''it is quite possible for that piece (produced) to belong to the stock''.
In reply to questioning by his Lordship —'' We obtained the different parts of the gun and put them together afterward''. the witness, at the request of his Lordship, then scraped off some black putty from the stock, which, he believed, had been put on to make it appear a more merchantable article.
Next was Benjamin Beck, a labourer at Kingston,
He said he was Mr Hodgmnn’s carter in October last. He recollected being in Southover on the 9th. He knew Brown, and saw him by Mr Hillman’s blacksmith's shop, at about twenty minutes to nine. Brown was going home, and the witness said, ''Halloa, Harry, how came you this way?” He said he had come from Brighton by the last train. He was on the opposite side of the road. The witness said to another man named French, “What do you think that man says?'' French replied ''he says he has come from Brighton on the last train''. Beck replied ''That is a lie; for it ain't come in yet.”
Cross-examined— ''l had had some drink in Southover''. ''I was drunk''. ''I was examined before the Magistrates''. ''After all that drink I know on what day this occurred''.
In reply to questioning by his Lordship —''l know the door that leads into Hillman shop. I believe the bottom part of the door was a little way open. When I spoke to Brown he was on the opposite side of the road. Brown was in the crossing when he made the reply''.
Dr Smythe was recalled and stated that, when he examined the body about 16 hours after the murder, the deceased appeared to be very cold and unusually rigid.
Cross-examined—''A body does not get so cold and rigid until 14 or 15 hours after death''.
Next witness was Richard Goodwin, a labourer, lodging with Mrs Wickham:
He said he remembered the prisoner lodging with him at the same time. They slept in the same room. About a week before the murder he remembered the prisoner bringing a gun home, which Brown kept behind a chest. Brown had it in his hand for about an hour. The witness made some bullets in the mould produced. He made them in the blacksmith’s shop. He made 25. At that time Brown was not lodging at Mrs Wickham’s. He made them about two months before Brown went to lodge with him. He gave some of them to Brown, and the others be kept to use himself.
In reply to questioning by His Lordship —''lt was part my employment to shoot the birds, and I obtained the gun from Mr Hodgson.
Examination continued—''I could not say whether the bullets produced were some of those he made. I remember Brown coming to bed on the night of the 9th of October. Brown said he was going to Brighton early the next morning, and should not be back until half-past three. When he came back I asked, “Where’s your gun, Harry ?'’ He said, “ I have taken it to my brother’s, at Brighton. Brown took some money out of his pocket and remarked that he had not got much. He then put some clothes in his box. Brown awoke first the next morning, when he said, ''Dick, ain’t you going to get up?'' I said, “ No,” as it was not time'' .
Cross-examined—'' We got up about a quarter of an hour afterward. When he came to lodge at Mrs Wickham’s he showed me five sovereigns and said he had two more. I Remembered giving some bullets to the prisoner. I did not know that Brown had the gun to shoot rabbits with''
In reply to questioning by His Lordship —'' Brown and I slept together for about six weeks''. ''I Gave the bullets to Brown about a week after he came to lodge at Mrs. Wickham’s'', ''I Don’t know whether he used any''
Next to the stand was Mary Reed, wife of John Reed, living at Kingston,
She said that young David Baldey came to lodging at her house. She recollected the father coming to her house on the day in question, and staying about a quarter of an hour.
Cross-examined —''I have not been examined before''
The next witness was John Mockford, a labourer living at Kingston, who said he occupied a house near Mr. Reed’s. He saw Baldey come out of the house and spoke to him. It was about 6 o’clock. He went up the street in the direction of his own house.
Cross-examined—''l have not been examined before. I was sent for yesterday''
The next witness was Mary Ann Crocker, a seamstress in Kingston:
'She said the deceased left a coat to repair with her and called for it on the Friday. He paid a small sum of money for it and then went away. That was about twenty minutes to six
Cross-examined—'' He took out three-halfpence and said to me ' 'This is all the halfpence have for now; I will give you more another day''. I replied ''This will do.”
Mr Inigo Cell, clerk to the magistrates, was present when the prisoner was examined before the magistrates, and said that when witness Crocker was under examination, the prisoner interposed and put questions to him. Mr Besley here interposed and submitted that statements made before the magistrates were not evidence. His Lordship ruled in Mr. Besley’s favor.
Next, to take the stand was Police Constable Beck, stationed at Rodmell;
He said that on the morning of Sunday, the 10th of October, he went to Mr Wickham and broke open the prisoner’s box. The first thing he found was a coat with a cape to it, which is similar to those worn by soldiers. He next found a pilot coat, in a pocket of which was a revolver, a life preserver, a box containing bullets, and 26 pawnbroker tickets. In one pocket of the coat, he found some papers and a rude drawing. In the box he also found some powder and a pair of leggings. He then took possession of it all.
Cross-examined —'' Among the articles were two bottles, but he did not know one contained Fryer’s Balsom.
Mr Besley—'' On one bottle there is a label, which says, A draught to be taken at bedtime, for a young lady.'' (This produced some laughter in the room) Some of the duplicates were dated 1864, and others 1805—all out of date.
Besley then examined the several articles contained in the prisoner's box, amongst which were a bible, testament, and prayerbook. The rude drawing was a sketch of two cannons, in the act of being fired at a cat. (The prisoner then smiled.)
Next up to the stand was William Young, potman at the Grasshopper, Maidstone, Kent
He remembered the prisoner coming into the house on Sunday, the 11th of October. ''The prisoner had on a billy-cock, and blue coat. There were some soldiers there, and they were drinking together. Martin Brown paid for the drink. He came in every night and on each occasion treated other persons. Every night he took either rum or gin home with him''. He could not say how much Brown spent, perhaps about £2. ''On Friday night he said was going to post a letter to his father to get his box. He had on what is called a 'monkey-jacket'.”
He told the witness he bought it at Tunbridge Wells, on the Saturday, and gave 23s for it. He then sold it to a man named Forest and left it with the witness while the man went for the money.
Cross-examined —'' He had enlisted at that time''.
The next witness was George William Paul, assistant of Mr Simmons, draper, at Tunbridge Wells:
He remembered the prisoner coming into the shop on the 10th of October, and selling the blue coat to him. He gave either a pound or a guinea for it
Superintendent Crowhurst deposed that from the information received, he went to Maidstone, and communicated with the military authorities. He was conducted to a room in which he saw the prisoner. ''I said to him, Will you tell me your name'' he said, ''Reuben Harvey.” I said. ''that is not your name, your name is Martin Brown and I hold a warrant for your apprehension. You will charged with murdering a man named Baldey, on Newmarket Hill.'' He replied ''I didn't do it''. I then took him to the police station to have him locked up for the night.
In taking charge, the inspector asked, “What's his name?." I said ask him. The prisoner then said, " Martin Brown''.
On the way to the station Brown said, ''I have left £1 odd in my overall'' The Sergeant went back, but could not find the money. On the following day, he brought him to Lewes.
Cross-examined: ''I had a warrant to apprehend him on another charge. I believe the name of Martin Vinall appeared in the ''Hue and Cry'' as a deserter''. ''I rely upon my memory for all I have said''
The Jury retired and upon their return, the Foreman Mr Upton addressed his Lordship giving the verdict of Guilty of Wilful Murder against Martin Brown.
His Lordship then put on his cap and sentenced Martin brown to death by hanging and he was removed and sent to Lewes Gaol
Brown’s father and stepmother, accompanied by his brother and his brother’s wife, visited him for the last time on Saturday 16th January, and the interview was said to be a most painful one. The convict passed the Sunday in reading and prayer and attended Divine Service twice. He retired to bed at eleven o’clock on Sunday night
On the morning of Monday 18 January 1869. Brown was called, at his request, at a quarter past five on Monday morning, and spent the time reading till his breakfast, consisting of mutton chops and tea was brought to him which he ate heartily.
The execution under the new law was of course private. The authorities, including the High Sheriff and sundry gentlemen, assembled, between seven and eight o'clock in the morning, the lime for the execution being fixed for eight o'clock, —as did several reporters for the metropolitan and provincial press to chronicle the proceedings. These gentlemen were shown into the retiring room of the Lewes gaol, and, a few minutes before eight o’clock, they were summoned to attend in the North-Eastern yard of the gaol, where a gallows had been erected which was dressed with black cloth.
At a quarter to eight o'clock, a black flag was hoisted over the entrance to the prison. At five minutes to eight o'clock the knell of the Gaol began to sound, and the bell St. Ann's Church, in the immediate neighbourhood, tolled at exactly eight o’clock, the gate opening into the smaller exercise ground was opened, and the procession emerged from it.
Captain Helby (the Governor of the Gaol) and Mr Bull (Under Sheriff) led the way across the yard, followed by Brown and Chalcraft, the Executioner,
Chalcraft had slept in the Gaol, having arrived on Sunday.
Immediately behind the condemned man walked the Chaplain, reading the burial service; Mr. R Turner, the Surgeon, and Dr. Crosskey and two or three warders bringing the rear. These, except for the representatives of the press, eleven in number, were the only persons present.
Brown walked with a firm step to the scaffold, but the Chaplain was deeply affected. Brown, although Brown walked firmly and ascended the steps of the scaffold without faltering, he was deadly pale, but he held his head erect and coolly looked round upon those whose duty it was to see him die; and when the white cap was drawn over his face the rope adjusted, he said to his executioner, ''I'm not to see any more?” Calcraft briefly replied, *No,'' and shaking the hands of the unhappy young man, he disappeared below. Brown ejaculating, “Good-bye." In an instant the grating of the bolt was beard, the platform fell inwards, and Brown who stood upon it a second before, was now a corpse. His death was instantaneous, not a struggle being perceptible.
Brown made a full confession of his guilt, but, in compliance with his wishes, the particulars of it were kept secret till after his death, when they were given the representatives of the press by Captain Helby, as follows:
''Dark and was the night of Friday. October 9, 1868. It is true it was dark and gloomy, and it did correspond with what was going on that night, I am very sorry to say, on New Market Hill. For three weeks I had planned this awful deed which I have done. On Friday knight of the 9th. I loaded my gun and went out to do murder, but not the poor old man. I did not know that the old man was coming down that night, for I had not seen him for 2 weeks before I never had miswords with him. Poor old man, I hope he is in Heaven, where I hope to meet him soon, I hope that the Lord has had pity on, and forgiven him of all his sins. May the Lord bless him with all my heart, for i am very sorry for what i have done to him, and the Lord Bless the whole family and comfort them, and bring them up to follow him and to obey him in all things, and so replenish them with thy grace of thy holy spirit, that they may always incline to thy will and walk thy way; endue them with plenteously with heavenly power, grant them in health and strength long to live, strengthen them, so that they may overcome all the devils temptations, so that after this life they may be fit for the next world which is to come, and it is where i hope be soon and there I hope to meet my Dear mother and sister which has bean dead many years, my poor mother as about I8 years, my sister not long by a great deal, and may I most all in heaven healthier sooner or later, but may i meet poor mother and sister soon for time is short; now I now give all earthly things and thought and ways, for I have but a few more days yet to live In this wide and wicked world, see the late past 2 and 20 years of my life, I have lived in sin all my life until now. I hope I ain't too late now; I will have a good try to Better myself now while I have time for repentance; I have time I know; and I will confess my sins before the Lorde now while he is near, I will empty myself now before the Lord while is near, for now, it is time, the best time for all to seek God. If I had my time over again now I would not lose a day, no not one hour the way have let hundreds of days and months, but not one more in that way, one hour no moor''.
''So now I open out the truth of the awful deed which I have done to old Baldey on Newmarket Hill on Friday knight the 9 of Oct 1868. I took my gun out under my arm and went now on Market Hill where I thought of meeting Tuppen the shepherd on the hill and when I saw old Baldey coming along on the hill I thought it was he that is Tuppen but I called out to him who is that, and he turned around for a look back to see who it was that called out to him, and I did not know that it was the old man then, I got with my gun and shot him in the Back, then rushed to him and struck him on the head with my gun and it fell in pieces in my hand, then I searched him, I found he had got no watch on him. I then no it was old Baldey. I took the stock of the gun and the Barrel and ran away like a wild man. I did not know where to go or what to do with myself, I was like a madman. I was wild mad. I threw the stock of the gun into the plantation near New Market Hill, I then went on the New Market plantation or late New Market Arch, and on the left band coming down put the gun Barrell into some grass which is there now on the right side going up out of the main. This will be found and piece stock with it, some 20 yards up the side of the railroad fencing, close under the grass on the right side just through the arch''. MARTIN BROWN.
''I then went on to Lewes. I did not stop in Lewes that night; I went home to Kingston and stayed there till the next night after, I went on to Tunbridge Wells and stayed there all that night, the next morning I went on to Maidstone and enlisted in the Royal Horse Artillery there. I was there days, when a policeman came and took me and charged me with murder, Brought me to Lewes, I was tried and sent for trial. I lay for 2 months before trial, and then I was tired by the Judge and Jury and found guilty, and I had to bear the punishment myself which the Judge his sentence passed on me. the sentence that the judge passed on is most just and I think that I deserve all. and I hope that the Lord Jesus Christ will have mercy and all the praying for me. And I know that he will forgive If I only ask, which I have, and I know that Jesus is with me now or else I could not take it, as I do. I think with all my heart that I shall be saved through the hood of Jesus, the Son of God. who did come down from heaven to die for me, and for all that believe in him. and I do with all my heart, and know that I shall be saved, now I have confessed myself before him. for there is not one that knows what is in my heart, not one, there is not in this world, all though they take it to lite but me. The Lord with his grace give me more and more power to stand, particularly in that hour where it will be wanted most, and believe with my whole heart that that will forgive all my past sins, for let them be as many they may, the blood of Jesus can wash them all away and knows he will, for I have told him all that I have done in this world, and he has heard and many more that has been praying for me since I have been condemned in this lonely cell, now I am going on my last journey. which is a long one, all know that must run that race either sooner or later, so I bid all bye''.
''May the lord Bless all for me, the good they done to me.
I now am passing my last few days writing these few lines to all who Know me
Know Ye who take this pen in hand
tis no light weapon to command
Its point can like ithuriels spear
make all things what they appear
or not less prompt to mar and blot
make all appear what they are not
write nothing then that will not bare
heavens open sunshine, earths free air
nor trace line you daire not meet
Before Gods righteous Judgment seat''.
He then wrote a Prayer and signed off M BROWN The End
So the motive for Martin Brown wanting to kill Tuppen, the Shepherd for Kingston, as he had mentioned several times to the Chaplain, was that he had offended him some 10-12 years before and had also interfered with Brown shooting rabbit. On one occasion when Brown's real name became known to Tuppen, he confronted Brown saying ''you're the biggest liar I know'' to which Brown replied ''I'll be a match for you someday'' and he had planned the murder three weeks before the 9th.
The confession was made to Mr. Beckett, the schoolmaster of the gaol, upon Information supplied to him by the Chaplain; and it explains to some degree the animosity entertained by Brown towards Tuppen. A point that Brown had not mentioned in his public confession.
After his body had hung for the usual hour, the executioner cut it down and under the Act of Parliament, an inquest was to be held at noon by the County Coroner. Mr. Fullager. The proceedings were done to satisfy the public that the law had been carried out and on the right person.
Twelve local tradesmen were called for Jurymen, and the prison officials identified the body and the sentence. The Surgeon confirmed death by strangulation. A copy of the verdict was then pinned to the prison gates and the body was given to the Prison, for internment within the prison walls.
LIFE AFTER
Baldey Family: Hannah and her boys moved to St James Road, Southover Sussex and she was a housekeeper, while her son worked as farm labourers. She never remarried and died at age 69 on 13th April 1889 at 20, St. Mary Magdalene Street, Brighton from Pneumonia. the children all married and died in old age.
Brown Family: Reuben Brown and the family continued in life, Reuben died on 12th March 1884 at the family home in Park Place Brighton from Liver Cancer at age 68. The children married and had families, living into old age.
SOURCES
Bring your backstory to lifeTM (no date) Ancestry® | Genealogy, Family Trees & Family History Records. Available at: http://www.ancestry.co.uk/
General Register Office (no date) General Register Office - Online Ordering Service - Login. Available at: https://www.gro.gov.uk/gro/content/certificates/
Archive, T.B.N. (no date) History’s colourful stories in black and white, Home | Search the archive | British Newspaper Archive. Available at: https://www.britishnewspaperarchive.co.uk/
Sussex Advertiser (1853) The Brighton Journal (05 July) pg 6 -6
Sun (London) (1868) BRUTAL MURDER IN SUSSEX 12 October pg 8 - 8
Grantham Journal (1868) THE MURDER NEAR LEWES 24 October pg 4 - 4
Sun (London (1868) THE MURDER IN SUSSEX 13 October pg 2 - 2
Brighton Gazette (1868) THE NEWMARKET HILL MURDER. SUSSEX WINTER ASSIZES 31 December pg 5-6
Brighton Gazette (1869) EXECUTION OF MARTIN BROWN, THE MURDERER, AND HIS CONFESSION 21 January pg 6-6
1Maidstone Telegraph (1868) THE LEWES MURDER 07 November pg 3
1Eastbourne Gazette (1868) THE NEWMARKET MURDER 30 December pg 3
Pictures and historical info from Wikipedia https://www.wikipedia.org/
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