Sheffield Independent – Saturday 09 October 1847

The Swinton Murder – Conclusion of Inquest

On Wednesday, the adjourned inquest on view of the body of Caleb Barker, who was murdered at Swinton on the night of Saturday, the 4th Sept., was held at the Canal Tavern, Swinton, before Thomas Badger, Esq., when the following additional witnesses were examined by the Jury :

Mr. Thomas Raynor, of Sheffield, chief-constable, produced a piece of pencil found in the pocket of Sellars at the time of his apprehension. After the last sitting of the Jury, I had some further conversation with Sellars. He at first denied, as he had done before, ever having been at Swinton. He afterwards stated that he did come down by the train from Sheffield on the night of the 4th September ; that he had the conversation with T. Raynor, of Bolton, and with Mary Taylor, as deposed to by them ; and that he went home by the canal side from Swinton up to West Melton, and slept in Mr. Brooke’s hay-loft that night, and for several subsequent nights.

John Wm. Johnson, of Mexbro’, bookkeeper at the Don Pottery, deposed that he had known Caleb Barker some years as warehouseman at the pottery. He generally carried with him one or two pieces of pencil in his pocket. I gave him a piece of pencil six or seven weeks ago. The piece now produced is not the same, and I cannot swear to having seen it before.

Wm. Athorne jun., under-bookkeeper at the Don Pottery, deposed to the deceased carrying pieces of pencil in his pocket. I cannot say that the piece of pencill now produced was his property. The pencil I have seen him use was shorter. He lent his pencil to me frequently, and I should have known it again if I had seen it.

The Coroner stated that, in pursuance of the request of the Jury, conveyed through Mr. Wood, their foreman, he had laid a full and detailed statement of every circumstance connected with the case before Sir George Grey, the Secretary of State, and had expressed the wish of the Jury that he would, if he could, order the suspected party to be brought before them, or relieve them from returning any verdict He accompanied his statements of the case with a letter, urging that the party in the custody of the Magistrates should be brought before them, as they were unwilling to proceed in die absence of the accused party, as they were of opinion that he ought to have the privilege of hearing the evidence tending to implicate him, either given or read over to him. He had received the following answer: —

” Whitehall, 25th Sept., 1847.

” Sir, — l am directed by Secretary Sir Geo. Grey to acknowledge the receipt of your letter of the 24th inst., and its enclosure, and to inform you that the Secretary of State has no authority to order the person referred to in your letter to be brought before the Jury at the inquest which you are holding on the body of Caleb Barker. ”

I am, Sir, your obedient Servant,

“DENNIS LE MARCHANT. ”

Thomas Badger, Esq., Coroner for Yorkshire, Rotherham.”

Since the last adjournment, the suspected party had been examined before Mr. Overend on two charges of burglary, upon which he had been committed. A short examination into this case had also been made by Mr. Overend, who was of opinion that though there were strong circumstances of suspicion against the man, yet there was not sufficient evidence against him, or a sufficient identification of him as the man seen in the lane near the body, to warrant his committal on this charge. He quite concurred with Mr. Overend in this opinion.

There was strong presumption that he was the guilty party, but there certainly was not any evidence upon which he could advise them to return a verdict. It might have been different if the man had been brought there ; but tbis neither he nor they could help, and it would be their duty to deal with the case as presented before them. It would be for them to say whether they thought it right to close the enquiry with an open verdict, or such a verdict as they in their discretion might think proper. As he had told them before, it was a matter of deep regret to him that the Magistrates should have thought it their duty to prevent the man from being brought there. It was not absolutely necessary that they should return a verdict against any party, and if any additional evidence should come out hereafter, they could prefer an indictment against the suspected party without any verdict being re- corded against him.

The room was cleared for the Jury to deliberate, and, on being re-admitted in about half an hour, Mr. Wood, of Swinton, the foreman of the Jury, gave the following special verdict, as having been agreed to unanimously :—

” The Jury find that on the evening of the 4th September last, Caleb Barker was brutally beaten with some heavy weapon, and his skull severely fractured by some person or persons, to the Jurors unknown, in consequence of which the said Caleb Barker died on the following morning. The Jury have to express their strong conviction that if the Sheffield Magistrates had not, as they conceive, improperly interfered and prevented a party strongly suspected of the murder, being brought before them, they would have been now in a position to return a different verdict. They are of opinion that die ends of justice are defeated by collusions between the Coroner and Magistrates, as to the question of jurisdiction, the county put to extra expenses, and also that enquiries of this nature should not be conducted in the compulsory absence of die implicated or suspected party.”

Mr. Wood added : l am further desired to say that the Jury cannot but express their surprise at finding an impediment thrown in the way of eliciting information respecting a circumstance of no less magnitude than midnight assassination, should have come from that quarter, which they conceive they have a right to look for the maintenance of every facility for the protection of both life and property an act which to them is inexplicable. I should also be doing an injustice to the Jury if I were not, on their behalf, to thank Mr. Badger for the very great exertions he has used in attempting to discover the murderer of a neighbour who was highly respected amongst us.

The Coroner thanked them for the trouble and attention they had taken in this investigation, which he had hoped would have terminated rather more to their satisfaction than it had. They had, however, the satisfaction of knowing that they had done their best to arrive at the truth.