The Inquest on William Lilley as reported by the Rotherham and Masbrough Advertiser on the 28^th October 1865.

  On Wednesday morning last, the inquest on the body of William Lilley who was murdered during the recent poaching affray at Silverwood, near Ravenfield, was resumed before John Webster Esq., Coroner, at the White Swan Inn, Wickersley. It will, perhaps, be remembered that at the first inquiry evidence as to identification only was taken, and the jury adjourned in order to give time for the police to pursue their investigations. Since then, Detective-Inspector Hockaday,  and the officers of the Rotherham police force under the direction of Superintendent Gillett, have exerted every effort, but as yet with but little success and it is to be regretted that the murderers are still at large. Hitherto, several of the parties concerned appear to have displayed considerable reluctance in giving any information, and the work of investigation has doubtless been one of great difficulty. It is expected, however, that a reward will at once be offered by the Home Secretary, now that the verdict of the jury his been given, and it remains to be seen whether or not that will have any influence. During the past fortnight several rumours have been afloat in the immediate neighbourhood with regard to the affair.  It may be observed that some of them are rather absurd and most unlikely character, though it would be ill-advised on our part to give publicity to them at this stage. The peculiar circumstances of the case have rendered the sad tragedy a topic of more than ordinary interest, and it is one which has given rise to considerable excitement throughout the county.

At the adjourned inquiry on Wednesday, Mr. Jubb, one of the employers of the gamekeepers engaged in the fatal encounter was present, and Mr. Whitfield, of a Rotherham, also watched the case on his behalf.

The first witness called by the Coroner was Police-Constable Jabez Fowler, stationed at Wickersley, who said, “I saw the deceased, William Lilley, about ten minutes past twelve o’clock, just as he was being taken down the north-road. I afterwards found upon him a knuckle-duster, a loaded pistol, and another instrument called a teaser or flail, There was a lamp in one of his pockets but he had no other deadly instrument about him. I went to the field at the top corner of Silverwood, where I had been told there had been an affray between gamekeepers and poachers”.

The Coroner: Had Lilley any other deadly instruments about him than those you have mentioned?  Witness -  No.
Did you go to the field where you had been told there had been an affray between keepers and poachers? Yes. The field is in the top corner of Silverwood, and it belongs to Mr. Brown, of Ravenfield.
Is there a public footpath through it? Yes. 
Did you find any weapons there? I found a hedge-stake, lying near to the place where the deceased was found. There was a large number of stones about the place. Stones and pieces of slag from ironworks apparently. They were scattered upon the field at about sixty yards from the footpath.
Did the ground present marks of a struggle? Yes. There was blood upon it. I know nothing of the circumstances of the affray between the gamekeepers and the poachers. I saw Lilley again before he died, but he was unconscious. He had never recovered consciousness after the affray.
Have you got the knuckle duster? Yes.
Witness produced the weapons he had found an Lilley, and they were displayed upon the table. They made quite a formidable appearance.
A Juryman - Was the pistol capped? Witness Yes – And loaded? Yes.
Was there any skin attached to the hair that you supposed you saw on the hedge-stake? No.
The hedge-stake was here produced, but no hair could be discerned on it, although there were some traces of sheep’s wool and the Coroner said he could see no traces of hair.
In answer to Mr. Whitfield, the witness said, A man named Wildesmith and two others not known to me, were in the cart with Lilley when I met them. They called out and asked if I was the policeman ? I said “Yes;” and asked what was the matter? One of the party replied, “We’ve got Lilley nearly killed at Silverwood.” I asked him how it happened and he said it was by some poachers. He was one of the men who had been fetched from Ravenfield to get Lilley home. He told me they did not know any of the poachers. He did not make use of the word ‘affray’ at all, but from what he said I judged there had been an affray.
The Foreman:  Were the whole of the men with him in the cart when you met them? No. Machin came up afterwards. Hawkins did not come at all.
One of the jurymen expressed a desire to have the charges drawn from the pistol, as there had been several reports as to what it was loaded with, and it might, he said, only be wadding. The charge having been drawn, the barrels were found to contain about seventy corns of shot, with wadding, and only a very small quantity of powder. It was stated that there was scarcely sufficient powder to have carried the shot more than a very short distance.
Mr. Knight, surgeon, of Rotherham, said: I found the deceased lying on his face is bed, perfectly insensible, and bleeding from several wounds on his head and also from the left ear. I had his head shaved and a careful examination was made. I found first a pulpy swelling and eight wounds on his head. There was a straight lacerated wound, half an inch long, behind the left ear. At the top of the head, on the left side, there was a very much contused and lacerated wound, star or cross shaped. A little higher above this was a third lacerated wound, about two inches in length. A little more to the right there was another lacerated wound about the same length. Behind the right ear there was an angular wound about half an inch in extent, and a contused and lacerated wound, cutting through the cartilage of the right ear. There were also two lacerated wounds at  the back of the head. I made a post-mortem exami­nation on the following day, but found no other external injuries than those described.
On removing the scalp, I found considerable  extravasations of blood in the left temporal muscle, and on the left side of the back of the head. Beneath the muscles, and on the same side, I found an extensive comminuted fracture, the bone being broken into eight or nine different por­tions, and driven in upon the brain. This fracture appeared to commence from the second or star wound I have described, and seemed to be a continuity of it, extending in several directions. I then removed the skull cap and found a rent about an inch in length in the outer membrane covering the brain, at the wide end of the star wound. Beneath the membrane, and near to the rent, there was a layer of coagulated blood. On removing this, them was a laceration of the brain substance to the extent of an inch. At the base of the brain, on each side, I found coagulated  blood. I found a fracture which extended to the base of the skull as far as the roof of the nose on the left side, and also across the right side. Those were the injuries I found and to them I attribute the death of  the deceased. The skull was broken to pieces on one side. He must have received more blows than one from a blunt instrument.
By the Jury: There were no marks on any other part of his body? No and I cannot say whether they could have been produced by shoe toe.
The Coroner: The “teaser” or the hedge-stake would produce such wounds? Yes.
Mr. Whitfield: The starred wound must have been caused by a tremendous blow? Yes, there must have been very considerable violence.
John Hawkins, of Ravenfield,  gamekeeper, was next sworn, and said: I am employed by Mr. Jubb. I was out on the night of the 10th of October, at Silverwood, watching game. There were with me William Lilley, (the deceased), William Butler, and Henry Machin. It was my ground that we were watching. We expected poachers, because it was a likely night, and we had had poachers before when it was like this, but we did not know they were coming.
The Coroner: What is a ‘likely’ night? Hawkins: Well, it was ‘darkish’, not out of the way, but still it was dark, and it was early. We saw poachers at ten o’clock, in a field belonging to Mr. Brown, adjoining the wood. How many were there? I counted twelve at one time. Three of them ran into the field, and began to peg a net down beneath the hedge near to the wood. Our party were in the wood, on the other side of the fence, and not more than three yards from the three men who were staking the net. I could not get a good view of them for the fence and I can’t say whether I could identify any of them again. I do not know any of them by name.
The Coroner: Would you know any of them again? I can’t say.
Did you know any of the men at that time?
I should be better able to say if I saw them again before me.
Yes, but I don’t want to know what you will do hereafter, but what you could do at the time?
Well, I should he better able …….
I want to know what you did at that time. Was there any one whom you recognised by sight?
I might know the men if I saw them before me.
Was there a battle amongst you?  Yes.
How did it begin? Lilley was the first who went up to the poachers. I heard a blow, but did not see who struck it. I went within six or seven yards of the fight, but did not go into it, and I took no part in it.
How long did you stand there?  Not more than a minute or two. I saw Lilley upon the ground, and then he rose to his knees. A blow was struck at him and he tell upon his face.
How many poachers were present then ? There were six or seven close to him, three or four on his right, and two or three on his left, and several others a few yards behind.
Where were all the keepers? Machin and Butler were nearly on his right. I saw them make an attempt to run away.
Did they-succeed?  Well, I didn’t stop to see. Stones and sticks were coming at us.
You went  too, and left Lilley to his fate? Yes
And when you ran away they pelted you with stones?
Yes, and before we ran away; as soon as we got into the field. The fight continued about ten minutes.
Where were you all the time? In the wood. The other keepers made off to the village.
Did they take part in the fight?  They made the best of their way to get out if it.
Mr. Whitfield: Well, that is not taking part in it. (Laughter)
The Coroner: Did the keepers use their sticks at all against the poachers?
I did not see them used.
Had they sticks? Yes.
Mr. Whitfield: Walking sticks I suppose? Witness: Yes.
The Coroner: Where did you go? To Wildsmith’s.
When did you go back to Lilley?  As soon as I thought the poachers had gone. I didn’t go to Lilley until I got assistance.
You knew he was on the ground?  Yes.
And you went to Wildsmiths’s for assistance? Yes.
Did you then go back to Lilley? Yes
Where was he? He was laid on the ground, his face covered in blood. A large hedge-stake was laying a yard or two away from him, and his own stick nearer to him.
Did you see him use his stick in the fight?  No, I didn’t see him strike.
Had he taken any clothes off before he went to the men?  His great coat.
What instruments had you? I had a stick.
Anything else? I had a pistol.­
Produce it. (Witness produced a large horse-pistol) I carry that more for the purpose of giving signals more than any­thing else.
Was it loaded?  Yes, with about a dozen shot corns.
Was Lilley in the habit of carrying those weapons which are on that table? 
I don’t know that he was.
Had you seen them?  Only once excepting the pistol. He once brought the knuckle-duster for us to look at. I was in the habit of going out regularly with Lilley. I don’t know how often he carried the pistols. I did not carry a pistol regularly, but sometimes put it into my pocket. We had no guns.
The Coroner: Are you acquainted with any of the poachers?  No.
None in the neighbourhood? No.
You do not know any? No.
Not to a speak to them? Are you not acquainted with all the poachers, almost as well as with the keepers? No.
But, now, if you were to walk through Wickersley could you not point out where all the poachers are? No.
Could you in Ravenfield? No.
Do the poachers know the keepers carry such things as these with them?
I don’t know.
You have no idea? No.
Did Mr. Jubb know? No.
Then you never showed such a thing as a knuckle-duster to Mr. Jubb. No, I only saw it once.
Do you think the poachers knew you were there before you met them?
I think not.
If Lilley had not run out what would you have done?
I should have stopped and tried to find out all the men I saw there.
Did you see any of them? Well, I only stopped a minute or two and ran out at once.
Lilley has been a keeper a long time? Yes.
Did Lilley say anything when he was going to rush out? Only, “Now lads; now’s our time.”
And then he went over the hedge at once?  Yes.
Did the fight take place near to the footpath?  No, they were sixty yards away. The poachers left the field in the direction of Ravenfield and you knew none of them?  No, but I might some of them if I saw them again.
I want to have an answer to this question: Did you at the time you saw these poachers recognise any of them?
Not by name. I might have seen them before.
Was there anything at that time by which you could recognise any of them?
Not at that time.
Your answers are not at all satisfactory. Had you seen any of them before?
I cannot speak to that.
Do you think you could recognise any of them if you were to see them?
If I were to see them again I think I could recognise some of them.
Was Lilley sensible when you found him?  No.
When did you see him again ? I did not see him at home afterwards while he was living, but I saw him when he was dead on Thursday.
Did you see any one use a hedge-stake? I saw a man strike with a hedge-stake or stick of some kind.
Did none of you protect Lilley?  Machin went up to him, I believe, but was driven back.
The Foreman: Did you all go over the hedge? Yes.
And the poachers came within three yards of you? Yes.
How was it you did not get within six or seven yards and stood and saw Lilley   knocked down?
Because Machin got fast in the hedge. His coat caught a stake, and we had to wait and undo it.
Are you quite sure it was Lilley you saw get up on his knees? Yes.
And still you cannot recognise any of those who were striking him?  No.
Did you see the wearing apparel they had on? Yes.
They were dressed then? Yes.
And you saw nothing you could make any remarks upon?
If I saw them again I might know them.
The Coroner: What was there about their clothes you noticed?
Some wore velvet jackets and fustian trousers.
Why, you said you could not tell anything before. Were you frightened?
Well, yes, there was no chance for us; there was such a number of them.
A Juryman: Keeper, it looks rather strange to me that you should go back to assist the man in the hedge and not the other who was receiving the blows. Do you really think Lilley would have been killed if you had gone to assist him?
He was killed before we got into the field, it is my opinion.
Does your pistol still have the charge left in it? No, I have fired it since.
Mr. Whitfield: If I understand you right, you four keepers, were sitting down. What was the first thing you heard? Witness: The crackling of a stick.
And what then?  I then saw one man come up the hedge side very quietly, and then another and after him another, all got up. They then commenced setting a net and putting the pegs in.
Then there were only three so far? Only three at that time.
In your judgement about how many yards of netting were they setting?
The field is about 120 yards across. I should think there would be not more than three yards set, but they had spread the net the whole length of the field from one end to the other.
When these men were in the act of setting the nets Lilley got over the fence again? Yes.
Where did the men go? As Lilley approached them they went backwards way.
Did Lilley ever get close to the three men to touch them? I never saw him so near as that.
At that time, had he anything in his hands except his ordinary walking stick? No.
At the time he went up to them did you hear anyone say anything?
I heard one of the poachers cry out, “Hey chaps, the bastards are here”.
What did you see more after that?
Directly I got into the field four or five more came up and threw stones.
Did you hear anything else said? Yes. Someone said “Go into him and kill him”.
You heard a blow struck? Yes.
Immediately after that did you see Lilley on the ground?
I saw him on the ground and then he rose to his knees and was knocked down again.
How many men did you see then? There were seven or eight close to him.
After Machin and Butler ran away did you remain in the wood? Yes.
Did you hear anything? Yes, I heard them beating Lilley.
Could you see them? I could just see them moving about.
What do you suppose they were beating him with? It sounded as if they were beating his head with a stick or something of that kind.
At that time he was on the ground. Again then, did you hear anything said?
I heard someone say “Go on”.
How long were they beating him?  From five to six minutes; till the time they got the nets away. I could hear the blows for that space of time, and saw some of them as if they were taking the nets.
You say Lilley had no chance of striking any of the men? It appears to me as if he was struck directly he got over the hedge.
The Coroner: You can hardly say that, for when he had a stick when he got over the hedge he must have had some little chance.
Mr. Whitfield: But he had a blow immediately. The Coroner asked you if there was a battle. Was there one? Witness: I saw Machin use his stick.
With regard to these instruments did Lilley show you any of them that night.
No; and I did not see him have anything but his walking stick in his hand.
Did you show Lilley, the deceased, your pistol? No, and I don’t know that he knew that I had it.
When you were within six or seven yards, was there anything to prevent you using it if you had been so minded? I could have used it.
Against the poachers? Yes.
You take these things of your own accord and Mr. Jubb knew nothing about it? He did not know.
A Juryman: I believe you had been disappointed of assistance that night? Yes.
The Coroner: And a very good job too.
The thick strong stick which was said to have belonged to Lilley was here produced and the witness said he believed that was the one the deceased had with him.
The Coroner directed the policeman to take care of all the weapons produced which had belonged to Lilley. If he had the power he would impound the witness’s pistol also.
A Juryman: Had the poachers any dogs? Witness: I saw one.
Had you any? We had a retriever.
Did the two fight? Yes, but ours was not a very savage one.
Henry Machin, of Mount Pleasant, near Conisbro’, a game keeper in the employ of Mr. Jubb, after corroborating the evidence of the last witness as to going to the wood said, “We first saw several men pegging a net. Lilley jumped over the fence first and Butler after him and me after him. As soon as Lilley got pretty ‘gain’ to the poachers, they struck at him and he fell flat to the ground. I was then next to him and I aimed a blow at the man who knocked Lilley down but I missed him. I was then obliged to take to my heels. They then threw after us with cinders and stones.
The Coroner: Did you know the man? Well, I should be better able to speak to him if I saw him again.
What do you mean by “better” Did you know any of the poachers?
Not to call their names I don’t.
Did you know any of them by sight? Well I think if I was to see ‘my game’ before my eyes in front of me, I should know them again.
But did you know any of them?  Had you seen any of them before ?  Well, I cannot say that I had seen any of them before.
Then you did not see afterwards what became of Lilley? No.

Would you know more than one if you see them again?  I think I should know two if I see them again.
A Juryman: Did you strike at the poacher with a stick?  Yes, with my walking stick.
Had he hat or cap on?  I would know him if I met him again.
Had he a hat or cap on?
The Coroner: Answer the question if you can.
Witness: (reluctantly): Well, the man who struck Lilley had a low hat on.
Did he appear to have a jacket on?  I should know him when I see him
The Coroner: You ought not to answer in that way. You must answer the question properly.
The Juryman: Had he a jacket on? Witness: He had.
What was it made of?  Some kind of fustian.
Did he appear to be a tall man or a short man? Tall.
Was he stout and powerful? In a middling way.
He did not speak to you? Yes, he spoke to me as I was running down the field. He said “It’s thee, thou bloody Sheffield bugger. We have heard a deal of talk about thee, and tha shall hev it nah tha’s come.”
How far were you from Lilley when he was struck?  Two yards.
The Coroner: Did you hear only one blow struck? Only one.
And you ran away directly? Well, I  was jostled about just at the top of the field.
Then you were amongst them? Yes.
Did they hustle you?  No, they never got hold of me.
Were you playing at hide and seek then ? No.
Did you expect poachers that night? Well, we knew they had been before, and we kept together to watch them.
A Juryman: Where did you go to after you left the field?  To Ravenfield.
Did you know who took the sack of straw away?
No, it was left among the bracken, and we had put it there to sit upon it
Did you give information to the police? No.
By Mr. Whitfield: Lilley had only his walking stick in his hand when he crossed the fence?
He was knocked down with a stick or a hedge-stake, before he had struck or meddled with any of the poachers. He had never the chance to give a blow. He went towards the three men who were setting the net, but he had not got near them when be was knocked down.
(Witness then explained to the jury the position in which the deceased stood, together with the position of the poachers when the blow was struck.)
The three men moved backwards, and called for help, and the other men rushed out of the hedge. One of them met him face to face, and struck him a very heavy blow on the left side of the head. He fell and I heard him groan and he never rose again. I think there were about fourteen poachers. I was forced to run away in consequence of the number of cinders that were thrown. I did not know that Lilley had any weapon with him but his stick. Butler was knocked down but I did not see him. The four men ran after me about two hundred yards and I ran faster than they and got away. We got to the wood about eight and it was all over about half past ten o’clock. We never heard the poachers at all till they saw them.
A Juryman: Had you any ale there? Witness: No, we never had any ale in the wood since I went. I was not at Lilley’s house that night. I have two brother’s who are keepers. Mr. Jubb never allows us any instruments such as these and he only expects we carry sticks. He provides us with overcoats.
A Juryman: Did your coat catch in the hedge? Witness: A little in the buttonhole, but I tore it off.
The Coroner: These questions are not much to the purpose of this inquiry. All we have to do is ascertain whether this man came to his death at the hands of these poachers.
When asked to sign his deposition the witness said he could not write and the Coroner advised him to learn to write instead of going out to watch game.

  William Butler of Ravenfield who went out with Lilley on the 10^th after giving evidence similar to that of the other two witnesses with regard to the first appearance of the poachers said he was four or five yards off when he saw Lilley knocked down. Lilley had not then touched the poachers. Stones similar to those produced were thrown and he was struck several times on the head with sticks also by the poachers but he did not strike them again as they hit him on the arm till he dropped his stick. He himself was knocked and beaten when he was down. When he recovered his senses he tried to get towards Lilley but he was knocked down again. He never saw either the knuckle-duster, pistol or teaser on that night in Lilley’s possession, and never saw them before.  He could not say whether he had seen any of the poachers before, but he might know them if he saw them again. He got away at last by creeping on his hands and knees across the field but there were four men saw him and they started to beat him again. The moon had perhaps been up twenty minutes or half an hour but they could not see the men very well though it was not quite dark. One man had bright buttons down his waistcoat and one had light clothes. But he never looked at the clothes or boots as he had time for ‘nought’.
Mr. Whitfield: Did you attempt to succour Lilley? After I had recovered a little I tried to get to him, but was again knocked down.
Did you see any of the keepers use violence towards the poachers? Not at all.
One of the jurymen thought the witness might have seen the poachers clothes seeing that he had time to count; but the Coroner said that perhaps it would be rather difficult with so many about.
One of the jury desired very urgently to know if the poachers had mud on their boots, but the witness declined to pledge himself on that question. The poachers had brought stones from the carriage road. One of the missiles inflicted a severe wound upon his head.
A Juryman asked the witness if he had a grudge against Lilley and whether there had been any quarrel in the house before they went out watching. The witness replied “No” to both questions. There had been no grievance between him and Lilley and he did not know much about him. None of the keepers talked much that night. He had not been at Lilley’s house. During the assault he never had the chance of giving a blow to anybody. He stated that Machin was asleep for a short time in the hedge bottom. He believed that Lilley only saw the three men who were setting the nets. The others appeared to start from the hedge at the side of the woods at the call of their companions.

This concluded the evidence and the Coroner then proceeded to address the jury as follows:-

“Mr. Foreman and the gentlemen of the jury. This is a very sad and melancholy case, but it is one which I expect will be repeated month by month so long as there are any game laws in existence. I think it is a pity that any man should lose his life for the sake of game, but nevertheless, the Game Law is the law of the land, and these poachers were evidently engaged in an unlawful act when they struck down Lilley. It is not quite clear to me, notwithstanding the evidence, that Lilley did not strike first; but it is a matter of no importance whether he did or not. He was in the discharge of his duty, the poachers were there in breach of the law; and if they had caused the death of any man whilst they were committing that breach of the law, they are guilty of murder. Not only the man who struck but all who were present and took part in the battle or affray, or whatever it may be called, are equally guilty of murder. I am not one of those who either approve of poachers or game preservers. I think we should be much better off without either of them. I don’t think it is right that any gamekeeper should go out armed in the way which Lilley has gone, for we cannot conceal from ourselves that the man who goes out with such deadly weapons must have gone with the intention to use them. If he did intend to use them, but not to kill, he certainly meant to do grievous bodily harm. If these men had killed Lilley on the highway, after he had rushed out, they would not have been guilty of murder. I cannot conceal from myself that it would have been justifiable homicide; but as the poachers were committing an illegal act, they are guilty of murder. They had nor right there; they were trespassing and that is a breach of the law. Most certainly they had no right to take life; and for that crime, if they are ever discovered, they will be punished as the law directs. The keepers were there in the discharge of their duty; the poachers had no right there. When the keepers got over the hedge they knocked poor Lilley down and killed him on the spot. This is a very grave offence for it is in law, murder. There are no difficulties in the question at all. Many of the questions that have been put have really no bearing on the main point, that is, the cause of death. Lilley has come to his death by violence, and whilst in the discharge of his duty, by men doing an unlawful act. Those who committed the deed are guilty, as I have said before, of murder and it will be your duty to find that Lilley was murdered by some person at present unknown. Some of the witnesses say that they shall be able to recognise those men. I trust they will be able to clearly identify one or more of the men who took part in this murder; not merely give a general idea, but I hope they will speak positively; and if so I hope that the murderers be punished. The case is one of a simple character, sadly too common in this country, and the sooner we get rid of game laws and gamekeepers the better.

Mr. Whitfield: That is a question for the legislature.
The Coroner: But I still think we may express our opinion. Those laws which cannot be carried out in their integrity without risk of causing murder would be better abolished.”

The jury then consulted together for a short time after which the Foreman, Mr. H. Tomlinson, said: “We seem quite united in the opinion that this was an act of wilful murder, but by whom committed there is no evidence to show.”

A verdict of “Wilful murder by person or persons unknown” was then recorded and the proceedings terminated.

  On the Saturday morning a bill was posted in the Court House, at the police station and a handbill distributed around the town. It said the following :-

£350 REWARD

MURDER

Whereas, on the night of the 10^th instant WILLIAM LILLEY, Gamekeeper,
was murdered near SILVERWOOD, RAVENFIELD by a Gang of Poachers.

Notice is HEREBY GIVEN, that a REWARD of £100 will be paid by the

Government, and a further sum £250 ( raised by private subscription)

will be Paid to any Person who shall give such Information and Evidence

as shall lead to the Discovery and Conviction of the Murderer or Murderers;

and Sir George Grey will advise the grant of Her Majesty’s gracious pardon

to any Accomplice, not being the actual Murderer, who shall give such

evidence as will lead to the same result.

Information to be given to Lieut.-Colonel COBBE, Chief Constable, West Riding Constabulary; Superintendent Gillett, Court House, Rotherham; or to any of the police.

Superintendent’s Office, Court House

Rotherham, 27^th October 1865