ABSTRACT

R v Buckley (1873, Chester Spring Assizes) James Buckley, gardener, was indicted for the wilful murder of a policeman named James Green, at Morton, on 24 February 1873 ... It seemed from the evidence adduced that the prisoner, who lived in a small cottage some distance away from other houses, was a man who, for many years past, had borne an excellent character, but that in the previous year he had been prosecuted and convicted for larceny, mainly by the testimony of the deceased man Green, who had seen him commit the offence. After his imprisonment for such theft, the prisoner had been heard to mutter threats of vengeance against Green for the part he had taken in prosecuting him. On 24 February 1873 in consequence of certain information given, Green, who was then on duty as police constable, met his inspector and made a certain statement to him, no one else being present at the time. It was most important for the prosecution to get this statement before the court, inasmuch as the whole of the evidence for the Crown was circumstantial in its character, and as in fact Green had told the inspector that he was going that night, viz 24 February, to watch the prisoner, and as the deceased was never seen alive after this conversation, excepting by a person who saw him a short time after dark that evening, on the road in what might be the direction of the prisoner’s cottage; and as the body of Green was not found until two days afterwards, when it was discovered in the canal some distance off, and was covered with wounds. The following evidence was given leading up to the statement in question. Inspector Joseph Hulme, of Sandbach, said: I knew the deceased man, James Green; he had been in our police force about five years. I last saw him alive on Monday, the 24th of February 1873 at 11.30 in the morning. If a constable was going on a particular duty he should report to me, if convenient. He might, in case of emergency, act without so doing. Green did make a report to me on that occasion of his intended duty that night. That report was verbal.