A Book of Remarkable Criminals

by H. B. Irving

Another letter ran: "If you have a note for me, send now whilst he is out; but you must not venture, for he is watching, and you cannot be too careful. Hope your foot is better. I went to Sheffield yesterday, but I could not see you anywhere. Were you out? Love to Jane." Mrs. Dyson denied that she had known of an accident which Peace had had to his foot at this time. In spite of the ruling of the magistrate that Mr. Clegg had put forward quite enough, if true, to damage Mrs. Dyson's credibility, he continued to press her as to her authorship of these notes and letters, but Mrs. Dyson was firm in her repudiation of them. She was equally firm in denying that anything in the nature of a struggle had taken place between Peace and her husband previous to his murder.

At the conclusion of Mrs. Dyson's evidence the prisoner was committed to take his trial at the Leeds Assizes, which commenced the week following. Peace, who had groaned and moaned and constantly interrupted the proceedings, protested his innocence, and complained that his witnesses had not been called. The apprehension with which this daring malefactor was regarded by the authorities is shown by this clandestine hearing of his case in a cold corridor of the Town Hall, and the rapidity with which his trial followed on his committal. There is an appearance almost of precipitation in the haste with which Peace was bustled to his doom. After his committal he was taken to Wakefield Prison, and a few days later to Armley Jail, there to await his trial.

This began on February 4, and lasted one day. Mr. Justice Lopes, who had tried vainly to persuade the Manchester Grand Jury to throw out the bill in the case of the brothers Habron, was the presiding judge. Mr. Campbell Foster, Q.C., led for the prosecution. Peace was defended by Mr. Frank Lockwood, then rising into that popular success at the bar which some fifteen years later made him Solicitor-General, and but for his premature death would have raised him to even higher honours in his profession.

In addressing the jury, both Mr. Campbell Foster and Mr. Lockwood took occasion to protest against the recklessness with which the press of the day, both high and low, had circulated stories and rumours about the interesting convict. As early as November in 1878 one leading London daily newspaper had said that "it was now established beyond doubt that the burglar captured by Police Constable Robinson was one and the same as the Banner Cross murderer." Since then, as the public excitement grew and the facts of Peace's extraordinary career came to light, the press had responded loyally to the demands of the greedy lovers of sensation, and piled fiction on fact with generous profusion. "Never," said Mr. Lockwood, "in the whole course of his experience—and he defied any of his learned friends to quote an experience—had there been such an attempt made on the part of those who should be most careful of all others to preserve the liberties of their fellowmen and to preserve the dignity of the tribunals of justice to determine the guilt of a man." Peace exclaimed "Hear, hear!" as Mr. Lockwood went on to say that "for the sake of snatching paltry pence from the public, these persons had wickedly sought to prejudice the prisoner's life." Allowing for Mr. Lockwood's zeal as an advocate, there can be no question that, had Peace chosen or been in a position to take proceedings, more than one newspaper had at this time laid itself open to prosecution for contempt of Court. The Times was not far wrong in saying that, since Muller murdered Mr. Briggs on the North London Railway and the poisonings of William Palmer, no criminal case had created such excitement as that of Charles Peace. The fact that property seemed to be no more sacred to him than life aggravated in a singular degree the resentment of a commercial people.

The first witness called by the prosecution was Mrs. Dyson. She described how on the night of November 29, 1876, she had come out of the outhouse in the yard at the back of her house, and found herself confronted by Peace holding a revolver; how he said: "Speak, or I'll fire!" and the sequence of events already related up to the moment when Dyson fell, shot in the temple.

Mr. Lockwood commenced his cross-examination of Mrs. Dyson by endeavouring to get from her an admission; the most important to the defence, that Dyson had caught hold of Peace after the first shot had been fired, and that in the struggle which ensued, the revolver had gone off by accident. But he was not very successful. He put it to Mrs. Dyson that before the magistrate at Sheffield she had said: "I can't say my husband did not get hold of the prisoner." "Put in the little word 'try,' please," answered Mrs. Dyson. In spite of Mr. Lockwood's questions, she maintained that, though her husband may have attempted to get hold of Peace, he did not succeed in doing so. As she was the only witness to the shooting there was no one to contradict her statement.

Mr. Lockwood fared better when he came to deal with the relations of Mrs. Dyson with Peace previous to the crime. Mrs. Dyson admitted that in the spring of 1876 her husband had objected to her friendship with Peace, and that nevertheless, in the following summer, she and Peace had been photographed together at the Sheffield fair. She made a vain attempt to escape from such an admission by trying to shift the occasion of the summer fair to the previous year, 1875, but Mr. Lockwood put it to her that she had not come to Darnall, where she first met Peace, until the end of that year. Finally he drove her to say that she could not remember when she came to Darnall, whether in 1873, 1874, 1875, or 1876. She admitted that she had accepted a ring from Peace, but could not remember whether she had shown it to her husband. She had been perhaps twice with Peace to the Marquis of Waterford public-house, and once to the Star Music Hall. She could not swear one way or the other whether she had charged to Peace's account drink consumed by her at an inn in Darnall called the Half-way House. Confronted with a little girl and a man, whom Mr. Lockwood suggested she had employed to carry notes to Peace, Mrs. Dyson said that these were merely receipts for pictures which he had framed for her. On the day before her husband's murder, Mrs. Dyson was at the Stag Hotel at Sharrow with a little boy belonging to a neighbour. A man followed her in and sat beside her, and afterwards followed her out. In answer to Mr. Lockwood, Mrs. Dyson would "almost swear" the man was not Peace; he had spoken to her, but she could not remember whether she had spoken to him or not. She denied that this man had said to her that he would come and see her the next night. As the result of a parting shot Mr. Lockwood obtained from Mrs. Dyson a reluctant admission that she had been "slightly inebriated" at the Half-way House in Darnall, but had not to her knowledge been turned out of the house on that account. "You may not have known you were inebriated?" suggested Mr. Lockwood. "I always know what I am doing," was Mrs. Dyson's reply, to which an unfriendly critic might have replied that she did not apparently know with anything like certainty what she had been doing during the last three or four years. In commenting on the trial the following day, the Times stigmatised as "feeble" the prevarications by which Mrs. Dyson tried to explain away her intimacy with Peace. In this part of his cross-examination Mr. Lockwood had made it appear at least highly probable that there had been a much closer relationship between Mrs. Dyson and Peace than the former was willing to acknowledge.

The evidence of Mrs. Dyson was followed by that of five persons who had either seen Peace in the neighbourhood of Banner Cross Terrace on the night of the murder, or heard the screams and shots that accompanied it. A woman, Mrs. Gregory, whose house was between that of the Dysons and the passage in which Dyson was shot, said that she had heard the noise of the clogs Mrs. Dyson was wearing as she went across the yard. A minute later she heard a scream. She opened her back door and saw Dyson standing by his own. She told him to go to his wife. She then went back into her house, and almost directly after heard two shots, followed by another scream, but no sound as of any scuffling.

Another witness was a labourer named Brassington. He was a stranger to Peace, but stated that about eight o'clock on the night of the murder a man came up to him outside the Banner Cross Hotel, a few yards from Dyson's house. He was standing under a gas lamp, and it was a bright moonlight night. The man asked him if he knew of any strange people who had come to live in the neighbourhood. Brassington answered that he did not. The man then produced a bundle of letters which he asked Brassington to read. But Brassington declined, as reading was not one of his accomplishments. The man then said that "he would make it a warm 'un for those strange folks before morning—he would shoot both of them," and went off in the direction of Dyson's house. Brassington swore positively that Peace was the stranger who had accosted him that night, and Mr. Lockwood failed to shake him in his evidence. Nor could Mr. Lockwood persuade the surgeon who was called to Dyson at the time of his death to admit that the marks on the nose and chin of the dead man could have been caused by a blow; they were merely abrasions of the skin caused by the wounded man falling to the ground.

Evidence was then given as to threats uttered by Peace against the Dysons in the July of 1876, and as to his arrest at Blackheath in the October of 1878. The revolver taken from Peace that night was produced, and it was shown that the rifling of the bullet extracted from Dyson's head was the same as that of the bullet fired from the revolver carried by Peace at the time of his capture.