Parrott Murder - The Trial

“Next week will see another act of the east tragedy which cost Mrs. Parrott her life, when her son, Benjamin Parrott, will be placed on trial at the Assizes, which open on Monday next, for the murder of his mother.”

Hamilton Times. April 10, 1918.

It was just past two months since Mrs. Bridget was killed on the street in front of the Parrott home on Steven street. Her son Ben Parrott junior had been in the Barton Street jail since his arrest.

Parrott had trouble deciding on the legal representation he would have for his case :

“There is yet considerable doubt as to who will have the honor of defending Parrott. Mr. J.H. Long, of the legal firm Farmer & Long, first held the brief. Then he was deposed in favor of Mr. Geo. Lynch-Staunton. Of late, it is understood, Parrott has declined the services of Mr. Staunton, preferring to trust to the generosity of the court in the matter of getting counsel. The prisoner, who has between $100 and $2000 in the bank, is chary of expending it in legal advice, and is under the impression that if he declines to secure counsel, the Government will have to find him a lawyer.”¹

¹ “Parrott Murder Trial : Who Will Act as Counsel For the Defendant?.”

Hamilton Times.   April 11, 1899.

Shortly before 4 p.m., April 10, 1899, the grand jurors of the Spring Assizes were ready to announce their decision as to whether the case against Benjamin Parrott, charged with the murder of his mother, should proceed:

“In anticipation of this speedy action on the part of the grand jurors, the sheriff had Parrott brought up from jail and placed in the dock. As soon as the result of the grand jury’s deliberation was announced, Parrott was formally arraigned on the charge.

“The confinement of jail life since the time of his alleged crime appeared but little effect on him, except to reduce the ordinarily high color of his countenance. He did not give any evidence of feeling the position he was in. In anticipation of this speedy action on the part of the grand jurors, the sheriff had Parrott brought up from jail and placed in the dock. As soon as the result of the grand jury’s deliberation was announced, Parrott was formally arraigned on the charge. The confinement of jail life since the time of his alleged crime appeared but little effect on him, except to reduce the ordinarily high color of his countenance. He did not give any evidence of feeling the position he was in.

 “On hearing the charge read, Parrott, in a loud, clear voice, replied ‘Not guilty.’²

²“The Parrott Murder : Prisoner Arraigned and Pleads Not Guilty : Case Will Be Tried Tomorrow.”

Hamilton Times.   April 18, 1899.

 The matter of Parrott’s legal representation had been settled with George Lynch-Staunton being Parrott’s lawyer :

“J.J. McLaren Q.C., the Crown prosecutor, asked that the case be gone on with this morning, as all the witnesses for the Crown were ready.

“George S. Lynch-Staunton, who had been retained to defend Parrott, said he would not be ready today, and asked that the trial be laid over until Thursday.

“Mr. McLaren said this was too long, and Chief Justice Amor observed, ‘Wednesday morning at 9 o’clock.’

“ ‘Make it Wednesday afternoon,’ said Mr. Staunton.

“ ‘No, I will not commence so important a case in the afternoon, so that the jurors are kept up all night,’ replied the Chief Justice, and the trial was set for Wednesday morning at nine o’clock.”²

The was a great deal of public interest in the Parrott case:

“There was a big rush of spectators from the court room to the doors as Parrott was led out. The crowd waited around the hack which was to convey the prisoner back to jail. Parrott recognized several old cronies in the crowd, and greeted them with nods and smiles. His eyes alighting on Bob McQuillan, who figured recently in a Police Court case, as the result of which a woman whom the neighbors thought his wife was sent to jail for a term, was one of those whom Parrott recognized.

“ ‘Hello, Bob,’ was Parrott’s cheery salutation.

“ ‘Hello Ben,’ was the reply.

“ “I see the missus down where I am,’ remarked Ben.

“ ‘Is that so?’ ”²

“ ‘Yes, she’s washing for a living now,’ concluded Ben, laughing, and the crowd laughed also, as the hack moved off.”²

The Parrott did indeed begin promptly on the time that Chief Justice Armor ordered:

“Nine o’clock this morning was the hour set for the trial of young Benjamin Parrott, and the unusual occurrence attracted a large throng of morbidly-curious people. All the benches outside the railing were filled; but the seats within the lawyers’ enclosure were not at first all occupied.

“In the dock sat the young prisoner, well-guarded by the court officers. He was not quite so rubicund of feature as when he plied his trade as a carter; but he looked well and appeared in excellent spirits. He sat very quietly in the corner of the dock and his former smiles were absent.

“Chief Justice Armour took his place on the bench sharp on time, and in a few moments the calling of the jury was begun by Clerk Ghent. When the twelve men had been called and had taken their places  in the jury box, they answered to their names as follows, when sworn : Henry Clement, George F. Griffin, William Ridge, John R. Davis, M.J. Ireland, Joseph Nelson, Brock Lyons, William Hildred, Joseph Turnbull, John McCormack, George Carter and Kenneth McKenzie.

“Neither the prisoner nor his counsel, George S. Lynch-Staunton challenged any of the jurors, and they were duly sworn.

                        Opening Address to the Jury

“J.J. McLaren, Q.C., crown prosecutor, proceeded at once with his address to the jury. He said he would not occupy  the jurors’ time with detailing at length the circumstances of this case. They doubtless had heard his lordship define murder to the grand jury. Benjamin Parrott, the prisoner, was accused of murdering Bridget Parrott. The similarity of names doubtless add more than ordinary interest; but when the fact was stated that the dead woman was the mother of the prisoner, they would see the solemn and serious of the accusation. The facts, briefly, were fact that on Feb. 3 last the prisoner returned to his home on Steven street, between 5 and 5:30 in the afternoon. Noises were heard in the house shortly afterwards and there was some disturbance. The prisoner went out by the back door, and it was fastened by Mrs. Parrott. Parrott failed to get into the house and went to the shed and returned with an ax, with which he tried to force in the kitchen door. He did not succeed, and apparently hearing his mother going out of the house by the front door, he ran along the side of the house, still with the ax in his hand.

“Mrs. Parrott by this time had reached the boulevard in front of the house, and the prisoner struck her on the arm and felled her. When she was down, he drove the ax into his mother’s head. These things had been witnessed and the evidence would be placed before the jury. After the attack, the prisoner ran to a neighbor’s barn and wanted to hide. He then confessed to the neighbor, and after partly confessed to a policeman. In closing, the crown prosecutor stated the medical evidence would show the cause of death.

                        Examination of Witnesses

“The hearing of the evidence was then proceeded with. The first witness called was Walter Jackson. The witness said he was driving along King street, at Steven street, at 5:13, when he heard a woman screaming a short distance down Steven street. He saw her running across the street, and saw a man strike her a blow. The woman fell . He saw a man driving past the couple in a wagon. When the driver came up to witness, the latter asked him why he didn’t assist the woman. The man replied that he could not stop his horses. When the witness inquired about the trouble, he was told it was only one of the usual Parrott quarrels and he need not take any notice of it. He left shortly afterwards.

        “Cross-examined by the prisoner’s counsel, witness said he heard prisoner called ‘Crazy’ Parrott; but he did not know anything about him himself.

“Next Willie Burgess, a small, bright boy, stepped on the witness stand. He told in a clear, concise manner what he saw that fateful afternoon. He was coming down Nightingale street, when he saw Mrs. Parrott come out of the house, and tried to get in the back door. Not succeeding, he went into the barn and got an ax, and tried to smash in the back door. Witness ran round the corner to Steven street, and saw Mrs. Parrott out in the front of her house. Parrott came from the side of the house and struck his mother on the arm with the ax. She fell and he struck her twice on the head with the ax.

                        Saw One Blow Struck

“John Dorman, a stout man with a thick utterance, said he had known prisoner for seven years. The witness was a driving past the Parrott house when the prisoner struck his mother with the ax. He, however, only saw one blow struck, on the back of the head. The witness did not know anything more of value, and he was not cross-examined by prisoner’s counsel.

                        Damaging Evidence

“The next witness proved an interesting one. He was Robert Richardson, a colored man, who lived on Nightingale street. He had known the prisoner for five or six years. On the afternoon of the murder, the witness had occasion to go to the barn behind his house to draw water. As he approached it, Parrott came from the barn, and ran toward witness, saying, ‘I’ve killed that d---- old -----‘ Witness told Parrott he didn’t believe him, and the prisoner replied , ‘Yes, I’ve chopped her d---- head off.’

“The witness noticed that Parrott had one of his hands in his pocket, and when he took it out he saw there was blood on it. The prisoner asked witness to let him hide in the barn, but Richardson told him to get out. Parrott took his advice and went out of the yard on to Nightingale street, and ran towards King street.

“Mr. Staunton cross-examined witness in regard to the evidence at the police court concerning what Parrott said to witness, but nothing material came of it.

                        Said He Would Kill His Mother

“David Hobbs, one of the Main street carters, gave some strong evidence. He said he had known the prisoner for nine or ten years and had been associated with him on the carters’ stand. The day before Feb. 8 the prisoner called to him and told witness that his mother had thrown all his things out the door. This angered him, and he told Hobbs that he would kill his mother for what she had done. Hobbs told him he was foolish, but Parrott replied : I’ll kill the old ----- if I get hanged the next minute’

“Cross-examined by Mr. Stunton, the witness said he knew that the prisoner lived in barns, usually, and cooked his own food. He lived on duck and turkey and never ate bread. The witness told of the prisoner’s eccentric ways.

                        Evidence of Police

“Hiram Walsh, patrol driver, said he was called to Steven street at 5:30 that afternoon. He found Mrs. Parrott lying on the boulevard, with her feet in the gutter. She had several cuts on her head and was alive. Dr. Cockburn came soon afterwards, and ordered Mrs. Parrott to be carried into the house. She was taken to the hospital a little while later.

“The witness searched the house, barn and yard. He found the ax about three feet inside the stable door. There was fresh blood on it. The witness handed the instrument of death to Sergt.-Major Prentice.

“Sergt.-Major Prentice was called and produced the ax, which has a long handle. When Constable Walsh handed it to him, there were marks like blood on it.

                        Medical Testimony

“The medical evidence was next put in. Dr. Cockburn said that when he examined Mrs. Parrott on the street, he found a large deep wound on the right side of the head, from which the brains oozed. There was another cut on the left side of the head, and a smaller one on the top. He found another cut on the outer side of the left forearm. The witness said then that the woman would die. He had her carried into the house and dressed the wounds.

“Dr. Edgar corroborated the evidence respecting the wounds. He found another small cut on the chin. Mrs. Parrott died at nine o’clock next morning.

                        Parrott’s Arrest

“Constable Cruickshanks was next called. He had known the prisoner for years. On the afternoon of Feb. 8 he saw the prisoner crossing King street, near Wentworth street. Parrott smiled at the officer and passed on. Shortly after, someone told witness that Parrott had killed his mother, and when he met the prisoner again, he held him. Parrott tustled a little. The witness found, through a storekeeper named Young, that the prisoner was wanted by the police, and a woman told the officer that Parrott had killed his mother. The prisoner remarked that he had to die sometime, and attributed a cut on his gand to some fracas the day before.

“ ‘I will be hung,’ remarked Parrott a little later and the woman told him to keep his mouth shut. When witness pit Parrott on a street car to take him to the cells, the prisoner placed the handcuffs up to his neck and said he was going to be hung.

“Witness was not cross-examined, the evidence closed the case for the crown.

                        Evidence for the Defense

“The first witness called by the defense was Benjamin Parrott, the prisoner’s father. The unfortunate parent gave his evidence with surprising calmness and throughout it all there was apology for his son’s awful crime. The witness said his wife was 61 or 62 years old. They had lived on Steven street since 1872. Ten children were born to them, seven of whom are alive. Four of them were sons. One of them – William – was now in the asylum for the second time. The prisoner was born in 1869, in convulsions, and he suffered from them until he was sixteen years of age. Since then it had been frequently dangerous for anyone to go near the prisoner when he was angry. He would take up anything handy to attack the person who annoyed him.

“Not long ago, the prisoner attacked the witness, and the latter told the magistrate that if he (the magistrate) did not put him out of the house, there would be murder someday. On that occasion, his son was fined only $2.

                        No Peace for Parrott, Sr.

“ ‘For the last fifteen years I have had no peace of mind,’ said the witness, pathetically. ‘My wife was drunk most of the time. Benjamin was little better. She has knocked me down several times. I consider both of them crazy. I’m positive my wife wasn’t sane for fifteen years past.’

“The witness went on to say that nearly all the members of his family were crazy. A year ago, witness said, he saved his son Dan from death at the prisoner’s hands. Ben used a knife on Dan, and but for a blow on the neck from the witness, there might have been murder.

                        “Prisoner’s Peculiarities

“He was so far crazy that when the chickens in the yard made a noise, he would wring their necks. Then he would thump the horses in the stable at night. On the carters’ stand, Ben was continually saying and doing most foolish things, calling witnesses’ horse an ‘old cripple’ that would drop dead in its tracks.

“Speaking of his dead wife, the witness said, ‘I gave her all I earned to keep her tongue quiet, but I was never free from trouble’

“Parrott was cross-examined at some length by the crown counsel. He admitted that his son was pretty shrewd and usually looked out well for himself and his customers. On the day that the murder took place, witness said he was afraid there would be trouble. His wife had acted ugly to Ben and he begged of his son not to go home to dinner that day, as she had threatened to injure him. Ben that morning had drunk a quart of spirits and he feared the consequences. The witness went home to dinner that day and seeing his wife was still full of revenge, he put his arms around her neck and pleaded with her not to injure her boy. He son, he added, began drinking twelve years ago.”³

The case took very little time for the prosecution and defense to make their cases, and a similarly short time, relatively for the jury to deliberate and then return to the court room with their verdict.

Benjamin Parrott was found guilty and sentenced to hang on June 23, 1899:

³ “Ben Parrott, Jr. is Guilty of Murder : Prisoner Sentenced To Be Hanged on June 23 – Jury Out One Hour and Twenty Minutes : Defense Did Not Deny That the Prisoner Killed His Mother and The Crown’s Task Was Easy : Counsel Staunton Based His Defense on the Insanity Plea – The Prisoner’s Many Peculiarities.”

Hamilton Spectator.   April 19, 1899.