William CLARKE, alias WESTERN, alias BURK, alias REES, alias GRAY, alias SLENDERMAN, alias John WILLIS, 44, Brickmaker, and George GARNER, 30, labourer, were indicted for wilful murder of Henry WALKER, Gamekeeper, at Norton Disney, on the 30^th day of January, 1877.   The prisoners were further charged, on the Coroner's inquisition, held at Norton Disney on the 19^th day of February 1877, with the wilful murder of the said Henry Walker.  Both prisoners pleaded not guilty to each indictment.

Mr. Buszard, Q.C., and Mr. Lumley were for the prosecution.   Mr Metcalfe, Q.C., and Mr. Austin Metcalfe appeared for the defence of Clarke, and Mr Etherington Smith for Garner.

Mr. Buszard, before proceeding to open the case, stated that his friend Mr. Lumley and himself had given careful consideration to the case, and come to the conclusion that, with the permission of his Lordship, that the proper course to adopt would be to offer no evidence against Garner on the indictment, but to call him as a witness on behalf of the prosecution.

Mr. Metcalfe said he was not in a position to offer any objection to that course being adopted.   His Lordship would remember that yesterday he made an application that Clarke should be tried alone.   His friend, Mr. Buszard, had given him no notice of the course he was about to adopt, which he considered he ought to have done, and he could say nothing against it.

His Lordship said it was a matter entirely at the discretion of the counsel for the prosecution and he was alone responsible by adopting such a course, but he (the Judge) had the reliance in Mr. Buszard, and in counsel for the prosecution to conduct a case of that description, to feel certain that the course he was adopting was in the interest of justice, and therefore he did not think he could stand in the way of it.   His Lordship then turned to the jury and said as no evidence was offered against Garner, it was their duty simply to say not guilty, because they were sworn to give their verdict according to the evidence.

The jury returned a formal verdict of Not Guilty, and Garner was discharged.

Mr. Buszard then proceeded to open the case, and addressing the jury said they would from the indictment gather the serious nature of the inquiry which they were about to deal.   It was therefore perfectly unnecessary for him to impress upon them the solemn duty which they were engaged in in that enquiry, and he was sure they would bear him out when he asked them most earnestly, and as part of the prosecution, to dismiss entirely from their minds anything that they had read in the public press, or anything they might have heard talked about it outside the jury box.   He was quite sure he should not ask them in vain, and that they would decide the case simply and solely upon the evidence which he would place before them. In conclusion, he would remind them that it was his (the learned counsel's) duty, on the part of the Crown, to prove the prisoners guilt to their satisfaction, but if he failed to do that, and if they had a fair and reasonable doubt, then it was their duty to give the prisoner the benefit of that doubt.   The learned counsel then proceeded to call. 

Ann Barton, who said: I am a single woman, and have been cohabiting with Fletcher at his home in Newark.   On the 29^th of January last I was at home in the evening when William Clarke, or "Slenderman," and George Wood, or "Yorkey" came into the House.   George Garner was also with them.   It was about six o'clock in the evening.   Fletcher had a gun (produced), Garner had a gun in his pocket; it was one that took in pieces.   They staid about a quarter of an hour, and I heard them say they were going to Eagle Wood.   They left my house and took the guns with them.   Clarke (the prisoner) took Fletcher's gun, and "Yorkey" took the other one in two pieces.   I did not see them again that night, but Fletcher and "Yorkey" came home about six o'clock the next morning.   They brought Garner's gun in their pockets.   They did not take anything besides a gun with them the night before.   The next morning I went to the place where Clarke (the prisoner) lodged.   The bag (produced) Fletcher took in his pockets and brought back in the same way.   On both occasions it was empty.   That gun (also produced) was Garner's.

Cross-examined by Mr. Metcalfe, Q.C.   Fletcher brought the gun back whole.  The police constable came before they came in.   It was only a few minutes before.   The police came back about half past nine.   I told Fletcher the police had been, and when they came a second time Fletcher was mending his boots.   Fletcher had a licence to carry a gun.

William Fletcher, who was previously charged with being concerned in the murder, was called, and said.   I am a labourer, living at Newark, and was taken into custody on this charge.   On the 29^th of January William Clarke, Garner and Wood, came to my house, about six o'clock at night.   We all got ready to go to Eagle Wood.   Clarke took my gun, and Garner and Wood, each carried parts of Garners gun.   The guns produced were the same. .  We got to Eagle Wood about a quarter to nine o'clock, where we saw some pheasants.   We were altogether until about a quarter to eleven.   The reason we parted was because Clarke said, " Two of you stay here while we go and shoot that other bird."   Garner went with Clarke, and "Yorkey" staid with me.   When we heard a report of a gun, and Wood shot the bird we were staying with.   That was the arrangement to do so.   "Yorkey" and I then went to where we were to meet the other two, and staid a few minutes, but they did not come.   We then left the wood, and proceeded to Swinderby gate House where we staid about one and a half-hours.   I did not see the prisoner any moor until we appeared before the Magistrates.   "Yorkey" and I then proceeded home together, and reached there about half-past six.

By Mr. Metcalfe, Q.C.   I was taken into custody about half-past ten o'clock on the morning of the 30^th January.   I was afterwards taken before Walker (deceased), and he said I was very much like the man who shot Him.   Both guns took to pieces.

Re-examined, I was taken before Walker a second time.   It was on the 3^rd of February.   Walker then said, "It was a longer featured man than me, and a man a bit round shouldered and stooping, and an older man who shot me".

By his Lordship, Was not aware that Garner had a white bag with him that night.

George Wood, alias "Yorkey", a labourer, and one of the men who was also formerly charged with being concerned in the murder, was next sworn and gave evidence corroborative of the last witness.

Charles Wells deposed, I am a watcher in the employment of Mr. Graham at Norton Disney.   On the 29^th of January I was out watching with another watcher, named Lynn.   About half-past 12 o'clock met Walker, and then went to the Spruce Plantation gate.   That was about five miles from Eagle Wood.   We then went to our usual place to get some refreshment, and whilst there heard the report of a gun, and in about five minutes heard two more.   They all proceeded from the Larch Plantation, and Lynn was sent off for more men.   Walker and I then went towards the place, and got into a grass ride, where we stood behind a birch tree.   Two men then passed by, about 10 to 15 yards from the place of our concealment.   We (Walker and I) followed, and one prisoner at once ordered them to stand back.   Walker said, " We shan't stand back."   The prisoner said, "Stand back, stand back, or else I'll blow your brains to h___."   He used foul expressions in that phrase.   The prisoner Clarke then went down upon his knees and placed the gun to his shoulder, pointing it at us and saying, " If you move a yard further I will blow your brains out."   We stood, and Walker then said, " If you down the gun we will fight you like men."   The men made no replay, but drew off about 30 to 40 yards from us, and we followed.   The prisoner again knelt down in the same way as before and pointed the gun at us again, using the same language as he had before used.   Walker again said if would put the gun down they would fight like men.   They again moved off to the spruce and larch plantations, which was a very dark place.    When we had about reached the middle of that we lost the men.   Walker and I then proceeded to the bottom side of the wood.   Just as we left the wood, the men came out about 30 yards from us.   Walker said "Here they are" and we followed the men over a ditch, where only one could pass at a time.   We had all then reached the oak plantation, and Garner said, "Give him one."   The prisoner put the gun to his shoulder and fired at once.   He was then standing.   Not two moments before the gun was fired, Walker said, "We will give up."  At that time the gun was at the prisoners shoulder and pointing towards Walker.   The prisoner and Walker were from ten to twelve yards apart, and I was two or three yards behind Walker.   When the gun was fired it struck Walker on the left knee, and as he fell he said, "Lord, have mercy on me! I'm shot!" I at once drew a revolver I had with me, and fired after the men who making off, but it took no effect.   I then laid walker on the bank and went for assistance.   One the next day at Newark I was shown six men, but the prisoner was not amongst them.   On February the 17^th, at Lincoln, I was shown three men, amongst whom was the prisoner Clarke, and I now say he was the man who fired the shot.   Garner was also there.

By Mr. Metcalfe Q.C., When I was shown the six men at Newark, I picked out Fletcher as the man who shot Walker.   I believed he was the man at the time.   I did not know that Fletcher had made a statement until I saw it in the papers.   I knew they were looking after Clarke when I saw that a reward of £50 was offered for his apprehension.   That was subsequently to Walkers death.   I came to see the prisoner in custody at Lincoln, and then I said, " After all I believe Slenderman is the man."  I had not seen him before I saw him in the wood.   By the words "After all, I believe," I mean after all my doubts and fears.   I was never nearer after all my doubts and fears.   I was never nearer the man than ten or twelve yards when they were in the wood, and we then followed them about a quarter of a mile through the different plantations.

George Garner stated, I am a brickmaker. And live in Newark.   I have been in custody on this charge this morning.   On the 29^th of January I went with George Wood ("Yorkey") to Fletchers house, and there found Clarke and Fletcher.   We stayed there about a quarter of an hour, and then started for Eagles Wood, taking two guns with us.   One was mine and one was Fletcher's.   Clarke (the prisoner) carried Fletchers gun, and "Yorkey" and I carried part each of my gun.   On reaching the wood we sought for birds.   Clarke (the prisoner) and I going in one direction, and Fletcher and "Yorkey" in another.   We shot at our bird, when we heard two or three other guns go off, and we ran out of the wood, where we waited for the other men, but they did not turn up.   We then crossed the line, and got onto the Lincoln road.   The prisoner called me a coward, and said, "Come on, we shall be all right here.   I know where the keepers live."   We then went along to another wood, where the prisoner shot some birds, and gave them to me.   We then proceeded to another wood and shot more birds.   We afterwards crossed to the wood where we met the Keepers.   They came running after us.   I was in front of Clarke, who told me to stop.   I did so, when the prisoner turned round, and said if they (the keepers) came any further he would shoot.  The keeper said, "If you are a man, be like a man, and fight like a man."  We then ran off again, and the keepers followed.   The prisoner again turned round, and pointed his gun.   We then ran through some trees, and got into the open, when the prisoner turned round third time, and pointed his gun at the keeper, saying "If you don't stop I shall shoot."   At that time we had crossed a brook by means of a board, which was only wide enough to allow one to pass at a time, and were about fifteen yards from the keepers.   When the prisoner pointed his gun I said, "Don't shoot, don't shoot, for God's sake don't shoot."   I had scarcely spoken before the gun fired.   I never heard Walker say anything about giving up.   We (Clarke and I) then started to run towards the Lincoln road, and as we were running the prisoner was loading his gun again.   After the shot was fired we made our way towards Newark.   On our way the prisoner turned round and suddenly fired the gun at me.   I caught the barrel of the gun and said, "Oh, Bill, what are you doing?"   I turned round and ran back, and lay under a hedge until half past five o'clock, as I was frightened.

Cross-examined by Mr. Metcalfe, Q.C.,  The prisoner shot at me, and would have killed me if I had not have been close to him.   When in the wood I did not say, "Give him one."  The keeper might have spoken about giving up, but it was a rough night and I did not hear him.   I had a smock on my back with some game in it, but had no bag.

By his Lordship, I have only been in prison once, and that was for seven days for being drunk and riotous.  It is about ten years ago.

Thomas Wells was next called, and in answer to Mr. Lumley said, I am under keeper at Norton Disney.   About two o'clock an the morning of the 30^th of January I went to the Oak Plantation, and there found Walker lying on the ground.   William Peacock was with me, and we then went together to Newark.   When we were about half a mile from that place I heard the report of a gun, and saw the flash.   It was about three o'clock and I was on the road at the time.   It was near Winthorpe.   After I saw the flash I noticed a man get over the fence, and run down a field.   That stick produced I found in the ride spoken to by the other witness {my brother) named Wells.   The stick might have been used as a ramrod.

Anne Barlow was recalled, and in answer to his Lordship said Fletcher's gun had no ramrod when they started out with it.

Superintendent Brown said, On Tuesday, the 30^th of January, I went over to Walkers house, and found him shot in the knee.   I saw the surgeon extract one shot-corn from the knee, which I produce.   I afterwards arrested Garner and Wood.   Eventually I went in search of Wm. Clarke.   I had seen him once before.   It was on Monday. The 12^th of February that I started, and went to Hull, then to Grimsby, and afterwards to Lowestoft, where I found him.   It was a little before eight o'clock at night, and in the White Horse.   He (prisoner) was with some other men.   I left the house, and returned in a few minutes with assistance.   I beckoned the prisoner out, and asked him if was ever at Hull.   Clarke replied that he was, and I took him to the police station, where I said, "Now, you name is William Clarke, alias Slenderman, I know you well."   Prisoner said, " Oh do you," I said, "Yes, and I shall apprehend you for the wilful murder of Henry Walker, at Norton Disney, on the 30^th of January."   He said, "Oh indeed."   I then brought the prisoner to Lincoln, where on searching him I found in his coat pocket, some powder, feathers, and a shot corn.   Before coming to Lincoln I went to Mr. Lark, pawnbroker, at Lincoln, and there received the gun produced.   Mr Lark went with me to the police station, and there identified the prisoner as the man who pledged the gun.      (Home Page Click Here).

The witness Garner was recalled, and on being examined by Mr. Metcalfe, Q.C., said, I remember supta. Brown and Liddle coming to my house, when the latter asked me if I knew where the Fletchers house was.   I said I did not, at the time, knowing it was a lie.   I also said, I had not seen "Slenderman" for three weeks, and I knew that was also a lie.

Elizabeth Beale said, I keep the White Horse at Lowestoft.   The prisoner came to my house on the 1^st of February.   Fe brought a gun with him, which he left in my bar.   He also said he was going fishing to Ireland with my son, who went last Monday.

Edward Norman Lark said, I am a pawnbroker at Lowestoft.   On the 3^rd of February last the prisoner pledged a gun with me in the name of John Willis.   That is the one produced.

P.c. Stuffins said, I am in the police force at Newark.   On the 30^th of January I went to Fletchers house, about half past six o'clock, but found nothing.   I went again later on, when I found Fletcher taking some nails out of a pair of old wet boots and putting them into a dry pair.   A man named Buttery was assisting him.   Fletcher had a bag in his pocket, and there was a gun hanging on the wall.

Mr. Edward George Waite, surgeon, Collingham, deposed, I was called to see the deceased Walker about half past four o'clock on the morning of the 30^th January.   I found many gun shot wounds in both legs and knees.  I took one out and now produce it.   On the post mortem examination thirty-six shot wounds were found in the left leg, and ten in the right.   Death resulted from blood poisoning caused by the shot wounds.

P.c. Taylor, in answer to Mr. Metcalfe, said, I brought Fletcher to Lincoln in custody, and found the piece of paper produced in his pocket.   On the 2^nd of February I took Garners statement in writing.

P.c. Iggleston, in answer to Mr. Metcalfe, deposed, I went to the scene of the affray on the 31^st of January, and there found two pieces of paper, which I produce.    They smelt of powder, and were doubled up as though they had been used as the wadding of a gun.

The witness Fletcher was recalled, and said he had previously been in prison three times, and once for aiding and abetting under the Night Poaching Act.   He had also been before the Magistrates about four other times for assaults and poaching.

The Court here adjourned for half-an-hour, and on it's re-assembling.

Mr. Buszard proceeded to sum up the facts of the case, and said he did not hesitate to say there was nothing which had come out of the case to reduce the crime from one of wilful murder, and the solemn question for them was, therefore, who upon the 30^th of January murdered the man into whose death they were inquiring?   That was the question before them, and the evidence divided itself into several branches.   There was first the evidence of the three men, Fletcher, Wood, and Garner.   Strong observations, he doubted not, would be made by his learned friend upon the evidence of those men, and he would tell them, and tell them rightly, that it should require corroboration before they convicted a man of murder.   Then there was the evidence of Ann Barber and the man Wells, and to say nothing of what took place at Lowestoft.   There they had it as a fact that the man who was now before taking his trial, left the place where he had previously resided, and within two days of that time at Lowestoft, and that he was there pledging a weapon which might have done the murder.   It was for them to couple that the man's conduct with the evidence of the three men, Fletcher, Wood, and Garner, given in that witness box, and the manner in which that evidence was given.   The learned counsel, continuing gave a brief outline of the whole case, and said the statements of the men Fletcher, Wood, and Garner not only dovetailed in with one another in a marvellous manner with the statements made in that witness-box during the day, but also dovetailed in with the statements of independent witnesses, because they knew Wells, though he was a stupid man apparently, deposed to the unquestionable fact that the number of men who were at Norton Disney Wood were two, and two alone.   Garner was undoubtedly one of the men at Norton Disney Wood that night, and who was the man with him?   His learned friend for the defence would no doubt tell that Fletcher was the other man, and there laid the issue.   On behalf of the Crown he did ask them if he had proved the case to there satisfaction, and that if the light shone down upon it as clear as the light at noonday, to convict the prisoner of the offence for which he stood indicted, but if there was any reasonable doubt, and it must be no other than a tangible and substantial doubt, it was there duty to give the prisoner the benefit of that doubt.

Mr. Metcalfe Q.C.. next addressed the jury for the defence of the prisoner, and said he must differ from his learned friend as to there being no doubt in the evidence.   There was, in his opinion, considerable doubt, and he did not see how they could rely implicitly upon it, and when they came to a creditable witness the evidence was still not free from doubt.   Now he was sure they would not find a verdict which would take away human life without the evidence adduced was conclusive.   If they looked at the course his learned friend, Mr. Buszard, had put to them as the one he, (Mr. Metcalfe) would take, it was that Fletcher would be put forward as the man who murdered the keeper. Now he should do no such thing; that was not for him to do, neither was that the question for them (the jury).   The issue, and the sole issue, was whether or not the prisoner at the bar was the man who fired the fatal shot.   They had not to try Fletcher, but Clarke, and it was not for them to say who fired the shot, but whether the prisoner was the man or not.   Now if they came to look at the facts of the case, what were they with regard to Fletcher?   In the first place, the paper or gun wadding found at the scene of the affray was exactly the same as that found in Fletcher's pocket, and that found was undoubtedly fired from the gun which caused a murder.   They were asked to be guided by the evidence of Wells, assisted by very little else, for that was what the whole case amounted to.   The learned counsel, continuing, contended that the whole conduct of Fletcher tended to show that he was the man who had taken Walkers life, and that the prisoner had been got away by the other man to dispose of Fletcher's gun, and whilst in his absence they turned round upon him, and accused him of murder for the purpose of saving themselves.   Why, he asked the jury, did Fletcher commence, as his return home, to take the nails from one pair of boots and place them in another, unless it was for the purpose of destroying all footprints and making both pairs of boots unrecognisable.   The jury had an unfair duty put upon them by the prosecution by being asked to say who was the guilty man out of two.   The Grand Jury had thrown out the bill against Fletcher and Wood, and why should the jury be asked to discriminate between two men.   The prosecution ought to point with a strong hand to one man, and not conduct the case in the way they had, for if the Grand Jury had not thrown out the bill against Fletcher they (the petty jury) would have been asked to find him guilty, but because that had been done, they were now asked to find the prisoner at the bar guilty of that wicked crime.   He did, therefore, ask them to give the case their gravest consideration.

His Lordship proceeded to sum up the evidence, and in doing so said if a doubt existed in their minds as to whether it was Fletcher or the prisoner who fired the fatal shot it would be their duty to acquit the prisoner.   His Lordship then explained to the jury the law affecting such cases, and reviewed minutely the evidence of the witness Wells, also the man Garner.   He pointed out that if the jury were of the opinion that Garner made one of the expressions attributed to him by watcher Wells, then Garner would be an accessory before the fact, as the Grand Jury believed to be the case by finding a true bill against Garner.   Respecting the evidence of Garner they would have to look at it in the light of a witness, who on one occasion told a falsehood, making two different statements, one of which was proved to be a falsehood.   It was left to the jury to say which of the statements they believed, but it was his Lordship to caution them how they dealt with the testimony of each person.   Repeating the statement made by Garner about the prisoner attempting to shoot him, his Lordship asked the jury not to lay too much stress upon that part of the case and not to arrive at any hasty conclusion about the matter.   It was proved by the man Garners own statement, that he and the prisoner had no quarrel on the night in question, as had justly and eloquently urged by the learned counsel for the defence; the gun which the prisoner carried had no ramrod, and it was not explained by what means he re-loaded the gun after leaving the wood.   Alluding to the shot which was found in the prisoner's pocket, corresponding with the shot taken out of the deceased's leg, his Lordship remarked that it might be possible, when poachers were out on an expedition of that kind, that more than one of them carried shot of a similar character.   He next dealt with the question of the paper which was found on the man Fletcher, and its resemblance to another piece found near to the spot where Walker was shot.   This, his Lordship said, would have been strong evidence against Fletcher had he been charged with the offence; it would be for the jury to say whether one piece of paper was a portion of the other.   To his own mind they did not appear to be so, but he could not say what effect or change might have been produced in the paper had a gun been loaded with it.   Probably there were gentlemen on the jury better able to judge of that matter than he was.   After some further remarks on the evidence, he repeated that he did not see there would be any solid grounds for supposing that whoever fired the shot intended to do anything less than bodily harm.   Therefore the person, whoever it might be, would, in his lordships judgement, be guilty of wilful murder, subject only to the conceivable possibility of the jury taking a different view, and thinking that the gun was only fired for the purpose of frightening the deceased, which might be borne out of the fact that the person who fired the shot went down twice on his knee, and did not fire until the third time, and that because he was closely pressed.   The jury could arrive at no other conclusion but that whoever fired the shot intended to do grievous bodily harm, and would be guilty of wilful murder.   In the next place it would be for them to say whether they were satisfied that the prisoner at the bar was the person who fired the shot.   Garner swore that he was, and subsequently Wells was convinced of the same fact.   It was for the jury to consider the whole evidence and weigh it over carefully, and give the prisoner the benefit of any possible doubt which might arise in their minds and acquit him; but on the other hand, if they were satisfied beyond the possibility of all reasonable doubt that the prisoner was the man who fired the shot which caused the death of Walker, it would be for them to act upon that conviction, and do their duty in returning that verdict which was in accordance with their conscience.

The jury retired to consider their verdict, and after an absence of three-quarters-of-an-hour returned into court and, in answer to the Clerk of Arraigns, said - amidst a painful silence - that they found the prisoner guilty.

The Clerk of Arraigns said  "Prisoner at the bar, you are convicted of the crime of wilful murder.   You threw yourself upon your country, and by a jury of your countrymen have been tried and found guilty.   Have you anything to say why you should not die?"

The prisoner, a tall powerful man, of most forbidding countenance, stood erect at the bar, and said in a clear firm voice, "No sir: I have nothing to say, only I did not fire the shot, sir."

His Lordship having assumed the black cap, amid awful silence, proceeded with visible emotion to pass sentence of death, and said, - William Clarke, you have been found guilty of the crime of wilful murder.   This was a case surrounded with difficulty, but at the same time I must say that according to my honest conviction, the jury have found a verdict in accordance with the truth.   It was not through any fault of mine that the case, so far as it could be represented favourable to you, was not so represented.   Every fact that appeared to me that could fairly be used to mitigate the probability or possibility that you fired the shot, was dwelt upon to the jury, and you were defended by most able and experienced counsel, in a speech as any which has fallen under my notice since I have discharged the duties of a judge.   The result is that the jury have found you guilty of the crime of wilful murder, and this is the end of a career of perpetual law breaking from a very early period.   As long as 24 years ago, you began to fall under the notice of the criminal law, and under many aliases, perhaps more even than I am aware of, you have been convicted of offence after offence until at last, as will happen, the law has become too strong for you.   You have been tempted into a crime, the highest known to the law, and you stand now liable to be sentenced to death.   I will not add to the pain, which you must ever think I feel, by saying more, but will proceed to pass the sentence, which is this, "That you be taken from hence to the place from whence you came, and thence to a place of execution, and that you be there hung by the neck until you be dead, and that your body be afterwards buried within the precincts of the prison in which you shall last have been confined before your conviction, and may the Lord God Almighty have mercy on your soul."

At the conclusion of his Lordships remarks a loud and fervent "Amen" was uttered by spectators.

The prisoner, according to one description given of him, looked very pale, his short incarceration having evidently pulled him down considerably, and, at his Lordships directions, was accommodated with a seat in the dock.   He appeared to feel his position acutely, and apparently took the greatest interest in the examination of various witnesses, especially Garner.   When the latter witness was detailing the story about the prisoner attempting to take his (Garners) life, Clarke looked the witness full in the face, the prisoner by his countenance endeavouring to convey the impression that Garner was not telling the truth.   After sentence was passed, the prisoner caught hold of the rail leading down the steps, for support, and seemed to be almost in a fainting condition.   Before going down he cast a farewell glance amongst the general public, seated at the back of the dock, as if looking for some friends, and then descended into the cells.

From an early hour in the morning the approaches to the Castle were blocked with all classes of people anxious to gain admission to the court, and at half-past ten o'clock when the gates were thrown open by the warder, Mr. Fountain, the rush of such a large body of people was very great.   As may be easily imagined the court was quickly crowded with all classes of persons and remained so throughout the day up to the close of the trial, notwithstanding the fact that the congregation of such a large body of persons caused the atmosphere to be almost stifling.