PC Israel May murdered by Thomas Atkins
Israel May was born on 13th May 1836 in Broughton Monchelsea Kent, the 6th of 7 children of William May, an agricultural labourer and Mary Butcher.
His father died on 29th Sept 1841 in Broughton, from Asthma and is buried in Boxley Kent.
His mother, Israel and his younger sister Sarah Jane ended up in the nearby workhouse in Linton Kent. His older siblings Grace, Harriet and James had all married and his brother Edward was old enough to become a servant, so escaped the workhouse.
His mother then died on 7th May 1848 from non-certified influenza, reported by the master of the Linton Workhouse and was buried in Linton and Israel and Sarah Jane remained in the workhouse.
Sarah Jane got married in October 1859 and moved to Marden Kent. That same year in December, his brother James had a son whom he named Israel, after his brother.
Israel and his brother Edward joined the Police force when they were old enough and he was lodging and working as a policeman in Bearsted Kent in 1861.
In 1862 at age 25, he Married 26-year-old Elizabeth Lawrence from Eastry, Kent. Elizabeth had also spent time in the Eastry Kent Workhouse, according to the 1841 census, when she was age 5.
Israel was transferred and they started their married life at Cudham Kent. (now part of London)
Their first child was Alice Amelia born in Dec 1863, then they moved to Sutton at Hone, Kent and Elizabeth gave birth to a son, Digby Lawrence end of 1865, followed by Minnie Mary in July 1867 and Edward Lawrence in 1870.
Tragedy then struck for them in Sept 1871 when Minnie May died at age 4 at their home 'Bank house' in Sutton at Hone from Convulsions.
They then moved to West Malling Kent and Elizabeth gave birth to their final child Frank Lawrence in April 1872. Israel was then transferred to Snodland Kent to become a constable there.
Tragedy struck again in Sept 1872, when they lost Edward Lawrence age 2, He died at home at 13 Birling Road in Snodland. He had suffered from Bronchitis for 6 months, which had led to Emphysema on the lung, then diarrhoea for 3 days followed by Convulsions. He was buried in Snodland parish church.
Israel May was said to be a tall, fine-built man, nearly six feet in height. He was spoken of as a civil, quiet, and most temperate officer.
On 24th August 1873, Israel had been seen by Mrs Upton on Ham Hill around 1 am but then at around 6 am, he was found about a mile away, his body mutilated, found in a turnip field, adjoining the turnpike road, leading from Snodland to Mailing, no more than 100 yards from the residence of the Rev. Canon Carey, and about 200 yards from the Snodland turnpike gate, lying at a distance of about six yards from the road. The scene of the murder was also only a few yards from the Bull Inn. Snodland. A small stream runs beneath the road, and at about equal distances from this and the road the body was discovered.
A rather gruesome description was made by one newspaper reporter:
''The body was stretched out, nearly at full length, one leg slightly drawn up, and an arm stretched out as if to protect the head, which was almost literally shattered to pieces, the brains protruding, and some portions scattered about the ground and over the poor victims face. The other arm was extended full length at his side, near to it, there was a brace, torn from the murderer's dress in the last desperate struggle for life. The ground around the corpse was covered with blood and bore the traces of the fierce fight that had taken place. Evidence of a severe struggle having taken place was also noticed in the road, and through the hedge to where the body lay''
The constable’s truncheon could not be found, and the suggestion was that this furnished the murderer with the murder weapon.
It was said to be a fact well-known in the village that May, who was said to be a singularly powerful man, seldom used his truncheon unless forced to do so.
Suspicion pointed pretty clearly to a new man who had been employed in the neighbourhood as a labourer, as the perpetrator of the barbarous deed. The man had absconded, and it appeared that on Saturday night, at eleven o'clock, he was heard threatening the deceased, who had twice been obliged in the course of his duty, to remove him from the streets, where he was creating a disturbance. This man's character was said to have been thoroughly bad. A violent, morose, and vindictive, man and there was little doubt that he was the main suspect in the case.
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The inquest was held at the Bull Inn, Snodland at one o'clock, on Monday 25th August, before Mr J. N. Dudlow, Esq., a coroner, and a jury, of whom Mr. Eustace Hook was foreman.
The following evidence was taken:
The first witness was James Stone, a bricklayer, living at Constitutional Hill, Snodland:
''Yesterday, at a quarter past six o'clock, as near as I can say, I was passing along the turnpike road, towards New Hithe, from Snodland, with a friend. Before got to the bridge. I saw there had been a scuffle in the road and noticed a man looking at something. I went towards the place, looked over the hedge, and saw the deceased lying in the field. I did not go through the hedge. I thought that the man had been murdered, and I asked the person who was with me to go for the policeman May, not knowing that it was he who was murdered''.
''I waited for a little while and then went down to the man at the turnpike gate. I also sent another man, who was passing, to the police. The gateman and I then returned to the body, and the gateman said, " It's the policeman, May. It's May!" I picked up a policeman's hat, which I saw lying near the hedge, about sixteen or eighteen feet from the body and I found a cloth cap, about a yard from the hat, with blood on it. There was a tobacco box lying on the ground between the two, and I also saw a brace and a pair of handcuffs''.
''There were marks of struggling where the body lay. Most blood was lying just under the hedge, near where the hats were. I noticed a mark on the forehead and the back of the head of the deceased. I also noticed a footprint near the body, as if someone was walking away from it. There was some blood in the fore part of the footprint. There were also other footprints nearby. I could not say whether the mark on the forehead was caused by a cut or kick, as the face was covered with blood. Blood was oozing from the wound on the back of the bead. I then sent for Dr. White. The body had not been touched or moved''
Next was Selina Upton, wife of Thomas Upton, a beerhouse keeper and lime-burner, of Ham Hill:
''I knew the deceased, he was a police constable, stationed at Snodland. I last saw him alive at half past one or twenty minutes to two o'clock on Sunday morning. The deceased wished me good night. I saw his buttons shining quite plainly''
Supt. Hulse, K.C.C., Mailing division, then gave witness:
''May was a second-class police constable, No. 190, under my orders, and was stationed at Snodland. He was 37 years of age, and had been 14 years in the force''
''I received information of this murder shortly before eight o'clock yesterday morning and came on to Snodland immediately. I found the deceased lying partly on his face, with his head towards the main road. There was a quantity of blood near him. I observed wounds on the head and face, the latter part being covered with blood, and his clothes so covered with dirt that I could scarcely tell whether he was in uniform, or not. There were marks of a severe struggle in the road, and a small opening in the hedge, apparently where someone had gone through it, the struggle being renewed in the field. I also noticed blood on the roadside of the hedge''
''Near the body, I found a cap, a brace, a beef sandwich, rolled up in a piece of paper, a hat, and a pair of handcuffs. There are no marks of blood on the policeman's hat but there are several on the cap. I also found a knife belonging to May. The footmarks of one person went from the body towards a gap in the hedge, leading into the road. In several of the footprints, there were marks of blood. Afterwards, I had the body removed to the Bull Inn. The watch belonging to May was found to have stopped at twenty minutes to three''
''The policeman's staff is missing. and I am making inquiries but as yet have ascertained nothing satisfactory. I have, however, every hope soon to do so''
Then stood Dr Charles Joseph Waite, practising at Snodland:
''I saw the body of the deceased dead and cold in the field on Sunday morning. There was a severe bruise wound on the forehead, the scull fractured in that part, and blood oozing from it. The bones of the nose were broken, and there was also a bruise wound at the back of the head with the bone partially broken, and blood flowing from it. There was a wound on the top of the head with the outer table of bone broken, and there was blood oozing from the left ear. The left eye was very much blood-shot, and there was also a wound on the check''
''I have since carefully examined the body, and found slight bruises on each elbow, and the middle bone of the second finger on the left hand is broken. There is, as well, a wound on the left arm. The wounds described would cause death. In my opinion, all the wounds were caused by a blunt instrument, except that at the back of the head, which might have resulted from a kick. A policeman's staff, if wielded by a powerful man, would be such an instrument to cause the wounds on the deceased. The wound on the forehead probably caused death''
The Coroner, in summing up, said he thought there was not sufficient evidence for them to determine as to who was the murderer. The jury, after a short consultation, returned a verdict of " Wilful Murder against some person or persons unknown."
The medical authority gentleman who had examined the ground where the murder was committed, says its appearance led him to the conclusion that more than one person must have taken part in the murder, this opinion being borne out by other circumstances of the case.
This led to two privates in the Royal Engineers, stationed at the Camp at Wouldham, Kent getting arrested and taken to Snodland on Monday afternoon.
At the Mailing Police Court, on Tuesday 26th August, William Wakefield and Walter Coote, both privates from the Royal Engineer's camp at Wouldham, Kent. They had been apprehended in London the previous afternoon and were examined for being implicated in the murder.
Superintendent Hulse, addressing the bench, said the prisoners, since their apprehension, had stated that at the time of the murder, they were several miles away from the place, and on subsequent enquiries, this proved to be correct. Under these circumstances, he asked the magistrates to discharge the prisoners so far as their implication in the murder was concerned.
The grounds upon which they had been arrested were that at eleven o'clock on Saturday evening, they had been seen at Snodland, and it was afterwards found that, having laid about all night, they were picked up by a carrier's van and taken to London.
They were described as being in a very dirty and disordered condition. It was a fact that they were in Snodland on the Saturday night, but they appeared to have taken the last train to Maidstone, and then to have travelled by road to London, on the following day.
The Chairman, the Hon Rev. Edward Vesey Bligh told the prisoners they had, by their irregular conduct, placed themselves in a position of considerable jeopardy. It appeared they had absented themselves from camp without leave, and, under the circumstances, the police were quite justified in the course they had pursued but with no evidence offered against them, they were discharged and removed in custody to Maidstone Gaol, to await Military escort for Military Discipline for being absent without leave.
The Police then did not doubt that the real murderer was the bargeman, Thomas Atkins, living in the neighbourhood, who had several altercations with the deceased on Saturday, and was heard threatening to take his life and had since disappeared.
Thomas Andrew Atkins was the first of three children born in Tudeley Kent in 1846 to John Atkins and Elisabeth Hodder. In 1861, when he was 15, he had left home and his father murdered his mother in West Malling and was committed to the Bedlam asylum as insane. (another blog to come)
In 1871 he was working aboard the Esther Jessie in Burham Creek Rochester as a master mate but at the time of the crime was in the service of the Burnham Cement Company.
The Police had received some information on his whereabouts, so were following up on the clue they had obtained.
He was seen lying opposite the place where the murder was committed about an hour previous to the occurrence, and his cap with several stains of blood upon it, was discovered within a yard of that of the constable.
The suspected man was said to be a vindictive fellow.
The truncheon had not been found, although a reward of one pound had been offered for its recovery.
The Rev. C.Carey, the rector of the parish, and others in the neighbourhood who resided only a short distance from the scene of the murder say that they distinctly heard cries for help coming from the direction of the field where the struggle occurred, but they thought it was just some midnight brawlers.
Some said that the villages Snodland and Burnham have been very insufficiently protected. The population in the 1871 census was 1078, and that of Burnham, 632.
Israel May was the only policeman to guard both villages. There is no station or lock-up at either place, the nearest lockup being a distance of four miles.
It was thought that Atkins may have sailed up the river on the Sunday, in the Mary Fox Vessel to London.
On its arrival in London On Tuesday 26th August, this vessel was searched by Constable Brooker, of the Mailing division, along with other constables, but they found that the information was incorrect, there being no such man on board. The captain remarked that the vessel had been searched no less than three times during its passage up the river. The police then followed another barge with the same object, and officers were stationed at every port where the vessel would be likely to stop.
Then it was reported that on Tuesday 26th August, two boys and a girl ages between 11 and 14 years, were out playing in a field near Birling Lees-wood on the Birling Estate, near Snodland, when a man ran from the wood into another nearby, then returned about ten minutes later. The children described him as dressed in light trousers, and a monkey jacket, and had neither cap nor hat, but a handkerchief bound around his head. The eldest child remarked, “ Why that looks like Tommy Atkins,” they knew him from having worked with him. The children did not think any more of the matter, as they didn't know he was a wanted man and it was not till Thursday 28th August, that the police heard about the sighting.
As soon as they heard, Superintendent Hulse got together all the constables he could and directed a portion of them to go into the wood at the Birling side, under the command of P.C. Harman, whilst another detachment entered the wood on the Stansted or Wrotham side, under P.C. Girton but he had left.
FUNERAL OF Israel May
On Thursday 28th Aug his remains were interred in the Snodland Churchyard. At four in the afternoon.
The superintendent and more than 60 Constables from West Malling, Sevenoaks, Rochester, Dartford, Ashford, Canterbury Bearsted and Wingham Police divisions, together with Captain Ruzton Chief Constable, the Deputy Chief Constable and representatives of the Rochester City Force, formed in procession at the Bull Inn, when the body lay, and the funeral then moved slowly towards the church.
The shops were closed and blinds to private houses were drawn, showing their respect for the deceased.
His Brother PC Edward May and Sister, Sarah Jane and his Widow and children, along with other relatives of the deceased were among the mourners.
The body was carried shoulder-high by members of the division to which he had belonged. On arriving at the church the procession was met at the door by the vicar, the Rev. Canon Carey, who afterwards delivered a most impressive address -
''We have met together, to pay our last respects to the memory of a brave man who had fallen in the discharge of a duty entrusted to him by the public. No one knew what he had gone through on that terrible night. Few could imagine what dangers a policeman has to face, while his fellow creatures could safely sleep. The sympathy and respect shown to his memory at once testified to the integrity, honour, and purity of his character. It was only very recently that the deceased visited in this very churchyard to the grave of his little child. How little did he think in the full strength of life, that he would so soon be laid there himself.
A hymn was sung and then the coffin, which bore the inscription "Israel May, died August 24. 1876, aged 37 years." was lowered into the grave. Several magistrates of the Division were present at the funeral, and the churchyard and its approaches were Crammed with an orderly and respectful line of spectators.
Atkins seemed to have broken cover, as early on Saturday morning 30th August, as he begged for something to eat at the Horse and Groom Public House in Stansted, Kent
He was recognised by the Ostler, who gave information to the police, and shortly before eight o'clock Superintendent Hulse received the following telegram from P.C. Girton: —
''Atkins was just seen by a man who knows him. Gone by the Horse and Groom. We are close to him. There are no marks upon him.”
The next person to see Atkins was a carrier at West Malling, working between there and London, named Hayes, who met the prisoner going toward London near Kingsdown Kent. Hayes hurried on to Kingsdown and luckily found constable Euden, at home, although he had been up all night working, Euden at once followed on the track of the now doomed man, and arrested him without meeting with the slightest resistance.
At about half-past eight Saturday 30th August Superintendent Hulse received the following telegram:—
''Atkins apprehended''.
The prisoner was immediately conveyed to Malling and at 11 o'clock that same morning, was taken before the Hon. R. P. Nevill, at the police court, and charged with the murder of second-class constable Israel May, at Snodland, on the previous Saturday morning.
The appearance of the prisoner was said to be slight, and at first, he did not seem an antagonist, that a constable should fear But on a closer examination, however, it is at once noticed that Atkins was exceedingly well built, described as ''with hands of a size which betoken the strength of the muscles in the arms that wield them''. 5ft. 7iin. in height. having very fair skin, with a fresh colour on his cheeks. He had a slight growth of sandy hair, about an inch long, on his chin, while his upper lip appeared as if it had not recently been shaved.
They said he looked no older than 24 but was 27 years of age. He appeared to tremble slightly but it was stated to have been three days without food whilst in the wood at Birling, and possibly his slight agitation was the result of hunger.
Superintendent Hulse spoke to the court:
''The prisoner was brought to the police station between nine and ten o’clock this morning when I took all the clothing he had from him. I then told him he was charged with the murder of P.C. May, at Snodland, on Sunday morning.
His only reply was, ''So the constable has told me.” About an hour afterwards, I received a message that the prisoner wished to see me. I went into the cell where he was, and finding that he was apparently about to say something concerning the charge, I told him that any such statement would be used in evidence against him. The prisoner hesitated for a moment and then said:—
''I was lying by the road, and the constable came up and shook me. I got up and the constable then struck me with his staff and made the wound you see here (pointing to his head, which bore a contused wound). We struggled together and fell through the hedge into the field. We continued to struggle there, and I took the constable’s staff from him and hit him about the head. I threw away the staff, I don’t know where. I would not have done it if the constable had not interfered with me. That is the truth, so help me God.”
Captain Ruxton who was present throughout the hearing had stated that a constable on the beat, finding someone along the road or in a ditch must arouse them, to see if they had not had a fit or died. He could not pass them or do his duty without doing this. Therefore PC May was in the strict and proper execution of his duty, by arousing the prisoner.
The prisoner was then remanded till Monday 1st September. He was, however, subsequently, again brought up, and remanded by the Hon. R. P. Nevill to Maidstone Gaol till Friday 5th September, so they had more time to gather evidence and witnesses.
The conduct of Atkins since he has been confined in the gaol at Maidstone has been quiet and orderly.
He was brought back into court on the 5th
Samual Skinner a Labourer had given evidence:
that around 11 pm on that evening, he had seen Atkins lying on the ground outside the Bull Inn and he had been sick. PC May went up to him and shook him by the coat and Atkins made a reply. Later he said he saw Atkins lying by the side of the road and several men with him.
George Kimber was another witness who stated he had seen him outside the Bull lying on the ground. He also confirmed that PC May had come along and tried to lift Atkins off the ground and asked him if he was going to go home, Atkins replied that he was. With the help of George, he walked a short distance but then lay down again. The two other men with him were Cunningham and Randall and he left him with them and went on his way. PC May went off towards Ham Hill
William Cunningham a Labourer of Snodland gave witness to this also and stated he knew Atkins and that he was laying around 40 yards from where the murder happened on the opposite side and that the cap produced was similar to the one he was wearing that night. While he was standing with him, two soldiers passed and a woman who had been talking to him went off with them. This happened around noon, which left just him and Randall with Atkins. He said PC May then came along and tried to rouse Atkins but failing to do so, he went off on his beat again towards Ham Hill. Then around half past twelve, He (witness) and Randall left Atkins.
Charles Randall another Labourer of Snodland gave evidence supporting what William Cunningham had said but could not confirm that the man asleep, was Atkins
Mrs Emma Tanner of Snodland was the next witness stating she had seen a man lying on the ground outside the Bull Inn on the evening in question. she said he was wearing a thick pilot jacket and light trousers. A little later she heard the Man shouting at PC May ''I'd like to meet you in the dark'' and that ''I don't care for the thing you carry in your pocket'' she said PC May replied ''I have never used it and don't wish to now''
George Alfred Gladwell was a Ferryman and said he had taken Atkins across the river on Saturday 16th August. He also stated Atkins had cursed and stated that PC May had hustled him out of the street and that one day he would be a mark on him (they checked this date and PC May was on duty that night)
William Parker was the Landlord of the Bull Inn and Atkins had been lodging there. He identified the clothing he was wearing, including the cap in evidence, found in the field, as those worn by Atkins on the night of the murder.
Inspector Constable Sarsons stated that on the 30th of August, he was instructed to stay with the prisoner in his cell at the Police station and he stated that Atkins had said to him ''I did not think the next time we saw each other, would be in here'' adding ''if I had not been in drink, I would not be here, laying in this cell'' He then stated that the constable had hit him on the head with his truncheon and knocked him to his knees. He grabbed PC May by his coat or belt, so he didn't fall and then got up and grabbed his baton, they then fell into the hedge and through it, with Atkins on the bottom. They then continued with the struggle and Atkins eventually took the baton and hit PC May 5 or 6 times on the Head. I C Sarsons asked him ''did he not cry out'' Atkins replied he said ''oh don't. for god's sake don't'' or something like that and stated he didn't know he was dead until he heard some men talking about it.
I.C Sarsons produced PC May's Tunic, covered in mud, which he said was taken from his body as evidence.
Dr Prall gave witness to have seen the prisoner at West Malling and he was a well-developed man, measuring 36 inches around the chest. he said there was a wound on the top of his head around half-inch in length, just over the left vortex
The prisoner was committed to trial at the winter assizes on 2nd December and remanded again.
Following advice from his solicitor, he said in answer to the usual question, that he would reserve his defence.
Thomas Bridger a labourer from Paddlestone was charged with being an accessory to the fact by taking in Atkins, knowing what he had done Mr Supt Hulse said on 3rd Sept, he went to the farm of Mr Philips, where Atkins had worked. He said he had gone there to make some enquiries about some food and a cap, that had been given to the Thomas Atkins, who was then in custody. Thomas Bridger at first said he did not know the man.
Supt Hulme then told him, that Atkins had said that Bridger had told him that the policeman's funeral had taken place and that Atkins had told him what he had done.
Bridger then said he would tell the truth. He said the man had come to the gate. Thursday 28th late at night, asking for food. Bridger gave him some cheese and bread and a cap to wear. Atkins then asked him, if he had heard anything about a row in Snodland, to which he replied that a constable was dead and the funeral had taken place earlier in the day. Atkins replied that he had had a 'tipple' with him in a field but did not know he had killed him. Bridger said he didn't report it to the police, as he was too tired that night but as Supt Hulse explained he could have the following day.
Thomas Barden, a young lad who worked with Bridger, gave evidence that Atkins had appeared and Bridger gave him food and confirmed the evidence given by Supt Hulse.
The Chairman said this was of great public importance and in the interests of the public demanded Bridger should take his trial on the charge against him. Bail would be allowed at £20, 2 securities of £10 or 1 of £20. Bail was found and the prisoner was released,
Sessions House Maidstone 2nd December was opened by Baron Pigott, The Grand Jury sworn in were
Sir G F Hampson Bart (Forman) Mr J Whatsone Equ MP Mr C Whitehead Esq Mr A C Ramaden Esq Mr R Thomas Esq Mr J R Warde Esq Mr J T Rogers Esq Mr R Alexander Esq Mr M Lambarde Esq Mr W R Northet Esq Mr C A W Rycroft Esq Mr R L Selby Esq Major Best Mr G Marsham Esq
He gave the jury the details of all the crimes that were before them today 8 in total with 2 being serious. He gave an outline of the offence and the prisoner Atkins to the Jury he said after hearing the witnesses and evidence, they would have to consider whether a murder had been committed or whether there was anything that would reduce the crime to one of a less serious nature.
Then after, he dismissed the Grand Jury to their room to await the opening
Mr Barrow appeared for the prosecution; Mr Biron and Mr Deane defended the prisoner.
The following witnesses were examined for the prosecution:—
Mrs Emma Tanner, wife of George Tanner Snodland— Gave the same evidence as discussed earlier.
George Tanner, labourer, of Snodland -
''On the night of the 23rd August at about eleven o'clock, I came out of the bull, at Snodland and saw the prisoner standing between the two windows The deceased constable was there talking to him, trying to induce him to go home. There was nothing rough or overbearing in his manner. Atkins made use of very foul Language, and I told him he had better leave the constable alone, and he would leave (Atkins) alone''.
Cross-examined by Mr Biron Defence —Atkins was quite drunk, and behaved, like a drunken man.
George Simmonds, a painter, living at Snodland —
''I was in the neighbourhood of the Bull on the 23rd of August and saw a man standing against a wall. Constable May was standing near to him and the man who, I believe, was the prisoner, said The policeman wants to lock me up. but I have never been taken by any Policeman, I have ever seen yet."
By Mr Biron Defence — The man was drunk.
William Cunningham, a labourer of Snodland gave his evidence as stated in the police court
By Mr Biron Defence — ''He was stolidly asleep. The constable shook his coat, trying to arouse him''.
By His Lordship — ''What did you do next?''
Cunningham - ''His cap was lying in the road, so I put it by his side. I was standing by Atkins for about an hour and three-quarters. I did not leave the turnpike until one o'clock, and the police constable had not returned that way by then.
Mrs Selina Upton. The wife of Thomas Upton, residing on Ham Hill gave her evidence again, followed by James Stone, Bricklayer of Snodland, Dr White of Snodland and Superintendent Hulse
By Mr Biron— ''May had been in the force for 14 years. He had been an instructing constable previously. An instructing constable being higher than that of to constable. I do not know of my knowledge why he was reduced to a lower rank''.
Capt. Ruxton. Chief Constable of Kent— '' I have known the deceased constable since he entered the force. He was reduced to the rank of constable with two others because several burglaries in the Dartford division had remained undetected. I did not think sufficient intelligence had been shown by certain members of the force, and so reduced some of them to promote others who, I thought., would do the work more efficiently. I'm glad to say that the burglaries have since been checked. May was not reduced for making unnecessary violence at any time''.
William Pink, a parish constable at Snodland then proved that a struggle had place in the road between the bridge and the place the hedge had been broken through.
Inspector Constable Sarsons. of the Mailing Division gave evidence as he did in the Police court, adding that Atkins had said ''When I left him, I did not think he was dead."
By Mr Biron Defense —Prisoner also said ''Poor fellow, I did not think I had served him like that."
Dr Prall of West Malling - ''On the 30th of August, I saw the prisoner at the lock-up in Malling. I examined him to see if he had sustained any injuries. I found a cut about an inch long on the top of his head. It was closed and difficult to say what had caused it. There was no sign of a bruise. A bruise would last for some days. I also noticed the remains of a black eye''.
By Mr. Biron for Defense - ''There was some mounted blood on the seat of the wound. A clean cut can be caused by a blow from a blunt instrument''
George Alfred Gladwell, a ferryman at Snodland - ''I know the prisoner Thomas Atkins. I put him over the ferry at about a quarter before twelve on the night of the 16th of August. He said to me that Bobby had busted him out on the street. I will be a mark on him if ever I have the chance."
By Mr. Biron for Defense - ''He was the worst for beer''.
Dr Stephenson, P. R.C.P. of London ''I have examined the stains upon the clothes produced. and can say that they are marks of blood''.
P.C. William Sotlen— ''On the 30th of August I apprehended the prisoner at Kingsdown, a place about six miles from Snodland. He said he knew nothing about the murder''.
This was the end of the case for the prosecution
Mr Barrow for the prosecution then proceeded to address the jury. He said that when a man was charged with the wilful murder of a person, the prosecution had simply to prove that the deceased came by his death at the hands of the accused person. It was then for the defence to show reasons why the charge should be reduced to manslaughter. When the person who had lost his life and the person who had taken it were the only persons present at the time. It was clear that this must be the course pursued, or there would be no possibility of bringing the offender to justice. Let them consider the case before them. May, the constable, was shown to have done his utmost during the evening to induce the prisoner to go home and had used only proper and mild measures. If upon two occasions the constable treated him in this way, it is likely upon the third time he would resort to violent measures. Now if they consider what had been the prisoners' previous conduct, they would remember that a week before, he said he would set a mark on the constable and the same night he said he would see him in the dark.
After speaking of the severity of the struggle, which had taken place and evidenced by the state of the ground and of the brutal treatment which the deceased had received, the learned counsel contrasted his condition with that of the prisoner, who had only received one slight wound, which may have inflicted with his cap on or off.
He concluded by appealing to the jury to discriminate clearly between the duty which they owed to this country and any evidence or circumstances which might appear to them to weigh in the prisoners' favour.
Mr Biron for the defence, in addressing the jury on behalf of the Prisoner, spoke first of the important and momentous duty which devolved upon him. that he could not have performed if he did not know that advocates in his position had always the best sympathies for the jury. He would now endeavour to clear away a great deal which he thought had been dragged into this case unnecessarily by the prosecution
Firstly there was the evidence of the Ferryman, of which a great parade had been made. Atkins may have spoken words in his drunkenness which appeared to embody a threat against the deceased but they must remember the state in which he was and also the fact that a whole week had elapsed between that conversation and the day of the murder.
It was a custom, and a most deplorable one certainly, which the brick makers of the locality would have a weekly debauch with the money they had earned during the week, so it was on these two Saturday nights that the prisoner was shown to have been in a state of intoxication.
On the second occasion, he used foul language towards the constable but he asked them, was this what could be called threatening language or was it not rather the ravings of a drunken man?
The people who were standing by must have thought that this was the case, or they would have said to the constable "Take care, here is a man who is going to take your life, if he has the opportunity."
The learned counsel then commented on the helpless state in which the prisoner had been seen lying by the kerbside. The prisoner had made a statement, and in the face of that statement, it was impossible to doubt that the deceased had met with his death, at the hands of the prisoner. The Jury were undoubtedly at liberty to take into consideration a statement, that the prisoner made against himself but he must ask them to take in the whole of it, good and bad and give the man credit for having spoken the simple and entire truth.
The poor constable had now gone to his final resting place, the prisoner stood before them and God above alone could judge of the truth of what he said.
The prisoner told the superintendent that the constable hit him over the head with his staff, if he had not done that, he would not have touched him. The prisoner was lying by the side of the road, he had no weapon whatsoever upon him and his actions were altogether unlike those of a man who had murder on his mind.
While asleep in this way he is seized by a person and in the darkness of the night and fails to make out who his assailant is.
A wound is found on his head and although Dr Prall seemed to talk about it as a trifling affair, they must remember that a whole week had elapsed and they had no evidence to show, that the prisoner's head had not been protected at the time, by his thick woollen cap.
Mr Biron concluded his address with an eloquent appeal to the jury on behalf of the prisoner. Whether he was to have a future on this earth remained with them and he thought they would agree with him, that he had not exaggerated the points in his favour but had given them a simple and impartial statement of the facts which had occurred.
The following witnesses were then called for the defence
Rebecca Pink, examined by Mr Deane —The prisoner had lodged with me for about four years and has always been well-conducted.
Thomas Pink said he knew the prisoner well. He had gone to church regularly and was an honest industrious and peaceable man.
Mr George Thomas a barge owner who Atkins had worked for and Mrs Robinson also gave him an excellent character.
The court then adjourned for lunch
On the resumption of the proceedings, his Lordship commenced the task of summing up the evidence to the jury.
His Lordship first drew the necessary distinction between wilful murder and manslaughter and said it would be for them to consider whether there were circumstances to reduce the crime to the latter offence, a very serious offence, even in that case.
Reviewing the evidence his lordship remarked that it was the expression which the prisoner had used when crossing on the ferry that the prosecution attached the greatest weight. The jury would have to decide what condition the man was in when he made use of those threats and whether the prisoner entertained malice against the deceased or not. There was no doubt that the prisoner had inflicted injuries upon him from which he died. The nature of the transaction was a different thing altogether and so this would be for the jury to judge and he might point out that very much indeed would depend upon the nature of the wound which the prisoner had received.
Reviewing the statement that the prisoner had made and comparing it with the evidence, he felt bound to admit that there was nothing in it, that in any way conflicted with what the prisoner had said.
His lordship then read over the evidence of the first witness, who spoke to May outside the public house and heard his altercations with the deceased and remarked that all appeared to agree in stating that the prisoner was very far advanced in intoxication. In the case of murder, the weapon which was used generally afforded some index, as to the motive which prompted a man to his assault upon another and it was sometimes found that a knife or loaded stick or something of that kind had been provided for the purpose. In the present instances, he thought it right to point out to the jury the prisoner had used no weapon of his own but had wrestled the staff from the hands of the police constable, with whom he was struggling. Apart from this on the other hand, the jury had to consider how much violence had been used and it did not appear that the prisoner himself made any attempt to conceal the fact that he had struck him five or six times.
There did not appear to be any discrepancy between the evidence and the statement made by the prisoner and it was for the jury to judge, whether the affair was a result of a sudden encounter between two persons or whether he entertained malice forethought. From the facts before them, they must draw their honest just deliberate and firm conclusions.
His lordship then directed the attention of the jury to the evidence of the witnesses as to the good character of the prisoner and left the case in their hands
The Jury returned to court about 15 minutes later and the Foreman announced that they found the prisoner guilty of manslaughter.
His lordship then addressed the prisoner -
''The Jury has found you guilty of manslaughter and has acquitted you of the graver charge of murder. They have given effect to your statement and have believed that the officer struck you and inflicted injury upon you and this commenced an encounter which you followed up until your adversaries death.
I will not have anyone go away under the impression that they would be justified in resisting a police officer when taken into custody but if a policeman struck a man unlawfully and inflicted an injury upon him and thus caused him to become bloodied, then that was a different matter altogether. Although you were resisting what appeared to be an unlawful proceeding on the part of the constable, it can not be doubted that you proceeded in a very violent manner and you must have known that you were either killing or causing terrible injury to another man. The consequence was that the offence was a bad one and must be met by a proportionate punishment.
Therefore the sentence of the court upon you is that you be sent to penal servitude for 20 years''
Atkins who had remained calm throughout but had given way to tears when his counsel was pleading on his behalf, was said to have heard his sentence with composure and was then removed from the dock.
The court had been densely crowded but after the case, a large number of people left the building.
After his conviction, he was sent to the criminal asylum for assessment, possibly due to his father's situation (explained in Blog 21) but all reports were he was healthy and on 26th October 1874, he was sent to Dartmoor Prison to complete his sentence. I have found him in the 1881 census at Princetown Dartmoor prison and upon reading about the conditions there, it's surprising he survived his time there. Beyond that it is unclear what happened to him, so may have changed the details of documents to escape his crime, after serving his sentence.
Life After
His Widow, Elizabeth became a Nurse and they moved to Maidstone Kent.
When her daughter Alice got married she moved in with them until her death at age 71 on 6th January 1907 and was buried at St Peter's Church Maidstone
Son Frank Lawrance age 8 died on 10th May 1880 at 47 Thornhill Place Maidstone from double Crupous Pneumonia. His sister Alice was present and reported his death.
Daughter Alice Amelia stayed with her mother and became a brush maker until she married in 1890 to Carpenter Edward Brooks and they had 3 children Madge Millicent. Lionel Digby and Eileen May, sadly Madge died at age 6 in 1897. She died aged 71 on 17 Jan 1936 in Maidstone.
Son Digby became a bookbinder but then joined the 2nd Battalion Royal Sussex Regiment and was in the India campaign service. He was killed on 6 Aug 1900 in Trimulgherry, Madras, India and is buried there.
Sources
(1873, December 6). Winter assizes. Gravesend Journal, pg3.
(1873, September 15). Committal of the prisoner. Maidstone Journal and Kentish Advertiser, pg5.
(1873, September 6). Arrest and confession of the murderer. Sheerness Guardian and East Kent Advertiser, pg3.
(1873, August 29). Frightful Murder at Snodland. Dover Express, pg4.
(1873, August 30). Funeral of the Murdered constable. Gravesend Journal, pg4.
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